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90_HB3665ham001
LRB9010727SMdvam01
1 AMENDMENT TO HOUSE BILL 3665
2 AMENDMENT NO. . Amend House Bill 3665 by replacing
3 the title with the following:
4 "AN ACT regarding children, amending named Acts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Children and Family Services Act is
8 amended by changing Sections 5 and 8 as follows:
9 (20 ILCS 505/5) (from Ch. 23, par. 5005)
10 Sec. 5. Direct child welfare services; Department of
11 Children and Family Services. To provide direct child welfare
12 services when not available through other public or private
13 child care or program facilities.
14 (a) For purposes of this Section:
15 (1) "Children" means persons found within the State
16 who are under the age of 18 years. The term also
17 includes persons under age 19 who:
18 (A) were committed to the Department pursuant
19 to the Juvenile Court Act or the Juvenile Court Act
20 of 1987, as amended, prior to the age of 18 and who
21 continue under the jurisdiction of the court; or
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1 (B) were accepted for care, service and
2 training by the Department prior to the age of 18
3 and whose best interest in the discretion of the
4 Department would be served by continuing that care,
5 service and training because of severe emotional
6 disturbances, physical disability, social adjustment
7 or any combination thereof, or because of the need
8 to complete an educational or vocational training
9 program.
10 (2) "Homeless youth" means persons found within the
11 State who are under the age of 19, are not in a safe and
12 stable living situation and cannot be reunited with their
13 families.
14 (3) "Child welfare services" means public social
15 services which are directed toward the accomplishment of
16 the following purposes:
17 (A) protecting and promoting the health,
18 safety and welfare of children, including homeless,
19 dependent or neglected children;
20 (B) remedying, or assisting in the solution of
21 problems which may result in, the neglect, abuse,
22 exploitation or delinquency of children;
23 (C) preventing the unnecessary separation of
24 children from their families by identifying family
25 problems, assisting families in resolving their
26 problems, and preventing the breakup of the family
27 where the prevention of child removal is desirable
28 and possible when the child can be cared for at home
29 without endangering the child's health and safety;
30 (D) restoring to their families children who
31 have been removed, by the provision of services to
32 the child and the families when the child can be
33 cared for at home without endangering the child's
34 health and safety;
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1 (E) placing children in suitable adoptive
2 homes, in cases where restoration to the biological
3 family is not safe, possible or appropriate;
4 (F) assuring safe and adequate care of
5 children away from their homes, in cases where the
6 child cannot be returned home or cannot be placed
7 for adoption. At the time of placement, the
8 Department shall consider concurrent planning, as
9 described in subsection (l-1) of this Section so
10 that permanency may occur at the earliest
11 opportunity. Consideration should be given so that
12 if reunification fails or is delayed, the placement
13 made is the best available placement to provide
14 permanency for the child;
15 (G) (blank);
16 (H) (blank); and
17 (I) placing and maintaining children in
18 facilities that provide separate living quarters for
19 children under the age of 18 and for children 18
20 years of age and older, unless a child 18 years of
21 age is in the last year of high school education or
22 vocational training, in an approved individual or
23 group treatment program, or in a licensed shelter
24 facility. The Department is not required to place or
25 maintain children:
26 (i) who are in a foster home, or
27 (ii) who are persons with a developmental
28 disability, as defined in the Mental Health and
29 Developmental Disabilities Code, or
30 (iii) who are female children who are
31 pregnant, pregnant and parenting or parenting,
32 or
33 (iv) who are siblings,
34 in facilities that provide separate living quarters
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1 for children 18 years of age and older and for
2 children under 18 years of age.
3 (b) Nothing in this Section shall be construed to
4 authorize the expenditure of public funds for the purpose of
5 performing abortions.
6 (c) The Department shall establish and maintain
7 tax-supported child welfare services and extend and seek to
8 improve voluntary services throughout the State, to the end
9 that services and care shall be available on an equal basis
10 throughout the State to children requiring such services.
11 (d) The Director may authorize advance disbursements for
12 any new program initiative to any agency contracting with the
13 Department. As a prerequisite for an advance disbursement,
14 the contractor must post a surety bond in the amount of the
15 advance disbursement and have a purchase of service contract
16 approved by the Department. The Department may pay up to 2
17 months operational expenses in advance. The amount of the
18 advance disbursement shall be prorated over the life of the
19 contract or the remaining months of the fiscal year,
20 whichever is less, and the installment amount shall then be
21 deducted from future bills. Advance disbursement
22 authorizations for new initiatives shall not be made to any
23 agency after that agency has operated during 2 consecutive
24 fiscal years. The requirements of this Section concerning
25 advance disbursements shall not apply with respect to the
26 following: payments to local public agencies for child day
27 care services as authorized by Section 5a of this Act; and
28 youth service programs receiving grant funds under Section
29 17a-4.
30 (e) (Blank).
31 (f) (Blank).
32 (g) The Department shall establish rules and regulations
33 concerning its operation of programs designed to meet the
34 goals of child safety and protection, family preservation,
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1 family reunification, and adoption, including but not limited
2 to:
3 (1) adoption;
4 (2) foster care;
5 (3) family counseling;
6 (4) protective services;
7 (5) (blank);
8 (6) homemaker service;
9 (7) return of runaway children;
10 (8) (blank);
11 (9) placement under Section 5-7 of the Juvenile
12 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
13 Juvenile Court Act of 1987 in accordance with the federal
14 Adoption Assistance and Child Welfare Act of 1980; and
15 (10) interstate services.
16 Rules and regulations established by the Department shall
17 include provisions for training Department staff and the
18 staff of Department grantees, through contracts with other
19 agencies or resources, in alcohol and drug abuse screening
20 techniques to identify children and adults who should be
21 referred to an alcohol and drug abuse treatment program for
22 professional evaluation.
23 (h) If the Department finds that there is no appropriate
24 program or facility within or available to the Department for
25 a ward and that no licensed private facility has an adequate
26 and appropriate program or none agrees to accept the ward,
27 the Department shall create an appropriate individualized,
28 program-oriented plan for such ward. The plan may be
29 developed within the Department or through purchase of
30 services by the Department to the extent that it is within
31 its statutory authority to do.
32 (i) Service programs shall be available throughout the
33 State and shall include but not be limited to the following
34 services:
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1 (1) case management;
2 (2) homemakers;
3 (3) counseling;
4 (4) parent education;
5 (5) day care; and
6 (6) emergency assistance and advocacy.
7 In addition, the following services may be made available
8 to assess and meet the needs of children and families:
9 (1) comprehensive family-based services;
10 (2) assessments;
11 (3) respite care; and
12 (4) in-home health services.
13 The Department shall provide transportation for any of
14 the services it makes available to children or families or
15 for which it refers children or families.
16 (j) The Department may provide categories of financial
17 assistance and education assistance grants, and shall
18 establish rules and regulations concerning the assistance and
19 grants, to persons who adopt physically or mentally
20 handicapped, older and other hard-to-place children who
21 immediately prior to their adoption were legal wards of the
22 Department. The Department may also provide categories of
23 financial assistance and education assistance grants, and
24 shall establish rules and regulations for the assistance and
25 grants, to persons appointed guardian of the person under
26 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
27 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
28 who were wards of the Department for 12 months immediately
29 prior to the appointment of the successor guardian and for
30 whom the Department has set a goal of permanent family
31 placement with a foster family.
32 The amount of assistance may vary, depending upon the
33 needs of the child and the adoptive parents, as set forth in
34 the annual assistance agreement. Special purpose grants are
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1 allowed where the child requires special service but such
2 costs may not exceed the amounts which similar services would
3 cost the Department if it were to provide or secure them as
4 guardian of the child.
5 Any financial assistance provided under this subsection
6 is inalienable by assignment, sale, execution, attachment,
7 garnishment, or any other remedy for recovery or collection
8 of a judgment or debt.
9 (k) The Department shall accept for care and training
10 any child who has been adjudicated neglected or abused, or
11 dependent committed to it pursuant to the Juvenile Court Act
12 or the Juvenile Court Act of 1987.
13 (l) Before July 1, 2000, the Department may provide, and
14 beginning July 1, 2000, the Department shall provide, family
15 preservation services, as determined to be appropriate and in
16 the child's best interests and when the child will be safe
17 and not be in imminent risk of harm, to any family whose
18 child has been placed in substitute care, any persons who
19 have adopted a child and require post-adoption services, or
20 any persons whose child or children are at risk of being
21 placed outside their home as documented by an "indicated"
22 report of suspected child abuse or neglect determined
23 pursuant to the Abused and Neglected Child Reporting Act.
24 Nothing in this paragraph shall be construed to create a
25 private right of action or claim on the part of any
26 individual or child welfare agency.
27 The Department shall notify the child and his family of
28 the Department's responsibility to offer and provide family
29 preservation services as identified in the service plan. The
30 child and his family shall be eligible for services as soon
31 as the report is determined to be "indicated". The
32 Department may offer services to any child or family with
33 respect to whom a report of suspected child abuse or neglect
34 has been filed, prior to concluding its investigation under
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1 Section 7.12 of the Abused and Neglected Child Reporting Act.
2 However, the child's or family's willingness to accept
3 services shall not be considered in the investigation. The
4 Department may also provide services to any child or family
5 who is the subject of any report of suspected child abuse or
6 neglect or may refer such child or family to services
7 available from other agencies in the community, even if the
8 report is determined to be unfounded, if the conditions in
9 the child's or family's home are reasonably likely to subject
10 the child or family to future reports of suspected child
11 abuse or neglect. Acceptance of such services shall be
12 voluntary.
13 The Department may, at its discretion except for those
14 children also adjudicated neglected or dependent, accept for
15 care and training any child who has been adjudicated
16 addicted, as a truant minor in need of supervision or as a
17 minor requiring authoritative intervention, under the
18 Juvenile Court Act or the Juvenile Court Act of 1987, but no
19 such child shall be committed to the Department by any court
20 without the approval of the Department. A minor charged with
21 a criminal offense under the Criminal Code of 1961 or
22 adjudicated delinquent shall not be placed in the custody of
23 or committed to the Department by any court, except a minor
24 less than 13 years of age committed to the Department under
25 Section 5-23 of the Juvenile Court Act of 1987.
26 (l-1) The legislature recognizes that the best interests
27 of the child require that the child be placed in the most
28 permanent living arrangement as soon as is practically
29 possible. To achieve this goal, the legislature directs the
30 Department of Children and Family Services to conduct
31 concurrent planning so that permanency may occur at the
32 earliest opportunity. Permanent living arrangements may
33 include prevention of placement of a child outside the home
34 of the family when the child can be cared for at home without
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1 endangering the child's health or safety; reunification with
2 the family, when safe and appropriate, if temporary placement
3 is necessary; or movement of the child toward the most
4 permanent living arrangement and permanent legal status.
5 When determining reasonable efforts to be made with
6 respect to a child, as described in this subsection, and in
7 making such reasonable efforts, the child's health and safety
8 shall be the paramount concern.
9 When a child is placed in foster care, the Department
10 shall ensure and document that reasonable efforts were made
11 to prevent or eliminate the need to remove the child from the
12 child's home. The Department must make reasonable efforts to
13 reunify the family when temporary placement of the child
14 occurs unless otherwise required, pursuant to the Juvenile
15 Court Act of 1987 or must request a finding from the court
16 that reasonable efforts are not appropriate or have been
17 unsuccessful. At any time after the dispositional hearing
18 where the Department believes that further reunification
19 services would be ineffective, it may request a finding from
20 the court that reasonable efforts are no longer appropriate.
21 The Department is not required to provide further
22 reunification services after such a finding.
23 A decision to place a child in substitute care shall be
24 made with considerations of the child's health, safety, and
25 best interests. At the time of placement, consideration
26 should also be given so that if reunification fails or is
27 delayed, the placement made is the best available placement
28 to provide permanency for the child.
29 The Department shall adopt rules addressing concurrent
30 planning for reunification and permanency. The Department
31 shall consider the following factors when determining
32 appropriateness of concurrent planning:
33 (1) the likelihood of prompt reunification;
34 (2) the past history of the family;
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1 (3) the barriers to reunification being addressed
2 by the family;
3 (4) the level of cooperation of the family;
4 (5) the foster parents' willingness to work with
5 the family to reunite;
6 (6) the willingness and ability of the foster
7 family to provide an adoptive home or long-term
8 placement;
9 (7) the age of the child;
10 (8) placement of siblings.
11 (m) The Department may assume temporary custody of any
12 child if:
13 (1) it has received a written consent to such
14 temporary custody signed by the parents of the child or
15 by the parent having custody of the child if the parents
16 are not living together or by the guardian or custodian
17 of the child if the child is not in the custody of either
18 parent, or
19 (2) the child is found in the State and neither a
20 parent, guardian nor custodian of the child can be
21 located.
22 If the child is found in his or her residence without a
23 parent, guardian, custodian or responsible caretaker, the
24 Department may, instead of removing the child and assuming
25 temporary custody, place an authorized representative of the
26 Department in that residence until such time as a parent,
27 guardian or custodian enters the home and expresses a
28 willingness and apparent ability to ensure the child's health
29 and safety and resume permanent charge of the child, or until
30 a relative enters the home and is willing and able to ensure
31 the child's health and safety and assume charge of the child
32 until a parent, guardian or custodian enters the home and
33 expresses such willingness and ability to ensure the child's
34 safety and resume permanent charge. After a caretaker has
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1 remained in the home for a period not to exceed 12 hours, the
2 Department must follow those procedures outlined in Section
3 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
4 The Department shall have the authority, responsibilities
5 and duties that a legal custodian of the child would have
6 pursuant to subsection (9) of Section 1-3 of the Juvenile
7 Court Act of 1987. Whenever a child is taken into temporary
8 custody pursuant to an investigation under the Abused and
9 Neglected Child Reporting Act, or pursuant to a referral and
10 acceptance under the Juvenile Court Act of 1987 of a minor in
11 limited custody, the Department, during the period of
12 temporary custody and before the child is brought before a
13 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
14 of the Juvenile Court Act of 1987, shall have the authority,
15 responsibilities and duties that a legal custodian of the
16 child would have under subsection (9) of Section 1-3 of the
17 Juvenile Court Act of 1987.
18 The Department shall ensure that any child taken into
19 custody is scheduled for an appointment for a medical
20 examination.
21 A parent, guardian or custodian of a child in the
22 temporary custody of the Department who would have custody of
23 the child if he were not in the temporary custody of the
24 Department may deliver to the Department a signed request
25 that the Department surrender the temporary custody of the
26 child. The Department may retain temporary custody of the
27 child for 10 days after the receipt of the request, during
28 which period the Department may cause to be filed a petition
29 pursuant to the Juvenile Court Act of 1987. If a petition is
30 so filed, the Department shall retain temporary custody of
31 the child until the court orders otherwise. If a petition is
32 not filed within the 10 day period, the child shall be
33 surrendered to the custody of the requesting parent, guardian
34 or custodian not later than the expiration of the 10 day
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1 period, at which time the authority and duties of the
2 Department with respect to the temporary custody of the child
3 shall terminate.
4 (n) The Department may place children under 18 years of
5 age in licensed child care facilities when in the opinion of
6 the Department, appropriate services aimed at family
7 preservation have been unsuccessful and cannot ensure the
8 child's health and safety or are unavailable and such
9 placement would be for their best interest. Payment for
10 board, clothing, care, training and supervision of any child
11 placed in a licensed child care facility may be made by the
12 Department, by the parents or guardians of the estates of
13 those children, or by both the Department and the parents or
14 guardians, except that no payments shall be made by the
15 Department for any child placed in a licensed child care
16 facility for board, clothing, care, training and supervision
17 of such a child that exceed the average per capita cost of
18 maintaining and of caring for a child in institutions for
19 dependent or neglected children operated by the Department.
20 However, such restriction on payments does not apply in cases
21 where children require specialized care and treatment for
22 problems of severe emotional disturbance, physical
23 disability, social adjustment, or any combination thereof and
24 suitable facilities for the placement of such children are
25 not available at payment rates within the limitations set
26 forth in this Section. All reimbursements for services
27 delivered shall be absolutely inalienable by assignment,
28 sale, attachment, garnishment or otherwise.
29 (o) The Department shall establish an administrative
30 review and appeal process for children and families who
31 request or receive child welfare services from the
32 Department. Children who are wards of the Department and are
33 placed by private child welfare agencies, and foster families
34 with whom those children are placed, shall be afforded the
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1 same procedural and appeal rights as children and families in
2 the case of placement by the Department, including the right
3 to an initial review of a private agency decision by that
4 agency. The Department shall insure that any private child
5 welfare agency, which accepts wards of the Department for
6 placement, affords those rights to children and foster
7 families. The Department shall accept for administrative
8 review and an appeal hearing a complaint made by a child or
9 foster family concerning a decision following an initial
10 review by a private child welfare agency. An appeal of a
11 decision concerning a change in the placement of a child
12 shall be conducted in an expedited manner.
13 (p) There is hereby created the Department of Children
14 and Family Services Emergency Assistance Fund from which the
15 Department may provide special financial assistance to
16 families which are in economic crisis when such assistance is
17 not available through other public or private sources and the
18 assistance is deemed necessary to prevent dissolution of the
19 family unit or to reunite families which have been separated
20 due to child abuse and neglect. The Department shall
21 establish administrative rules specifying the criteria for
22 determining eligibility for and the amount and nature of
23 assistance to be provided. The Department may also enter
24 into written agreements with private and public social
25 service agencies to provide emergency financial services to
26 families referred by the Department. Special financial
27 assistance payments shall be available to a family no more
28 than once during each fiscal year and the total payments to a
29 family may not exceed $500 during a fiscal year.
30 (q) The Department may receive and use, in their
31 entirety, for the benefit of children any gift, donation or
32 bequest of money or other property which is received on
33 behalf of such children, or any financial benefits to which
34 such children are or may become entitled while under the
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1 jurisdiction or care of the Department.
2 The Department shall set up and administer no-cost,
3 interest-bearing savings accounts in appropriate financial
4 institutions ("individual accounts") for children for whom
5 the Department is legally responsible and who have been
6 determined eligible for Veterans' Benefits, Social Security
7 benefits, assistance allotments from the armed forces, court
8 ordered payments, parental voluntary payments, Supplemental
9 Security Income, Railroad Retirement payments, Black Lung
10 benefits, or other miscellaneous payments. Interest earned
11 by each individual account shall be credited to the account,
12 unless disbursed in accordance with this subsection.
13 In disbursing funds from children's individual accounts,
14 the Department shall:
15 (1) Establish standards in accordance with State
16 and federal laws for disbursing money from children's
17 individual accounts. In all circumstances, the
18 Department's "Guardianship Administrator" or his or her
19 designee must approve disbursements from children's
20 individual accounts. The Department shall be responsible
21 for keeping complete records of all disbursements for
22 each individual account for any purpose.
23 (2) Calculate on a monthly basis the amounts paid
24 from State funds for the child's board and care, medical
25 care not covered under Medicaid, and social services; and
26 utilize funds from the child's individual account, as
27 covered by regulation, to reimburse those costs.
28 Monthly, disbursements from all children's individual
29 accounts, up to 1/12 of $13,000,000, shall be deposited
30 by the Department into the General Revenue Fund and the
31 balance over 1/12 of $13,000,000 into the DCFS Children's
32 Services Fund.
33 (3) Maintain any balance remaining after
34 reimbursing for the child's costs of care, as specified
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1 in item (2). The balance shall accumulate in accordance
2 with relevant State and federal laws and shall be
3 disbursed to the child or his or her guardian, or to the
4 issuing agency.
5 (r) The Department shall promulgate regulations
6 encouraging all adoption agencies to voluntarily forward to
7 the Department or its agent names and addresses of all
8 persons who have applied for and have been approved for
9 adoption of a hard-to-place or handicapped child and the
10 names of such children who have not been placed for adoption.
11 A list of such names and addresses shall be maintained by the
12 Department or its agent, and coded lists which maintain the
13 confidentiality of the person seeking to adopt the child and
14 of the child shall be made available, without charge, to
15 every adoption agency in the State to assist the agencies in
16 placing such children for adoption. The Department may
17 delegate to an agent its duty to maintain and make available
18 such lists. The Department shall ensure that such agent
19 maintains the confidentiality of the person seeking to adopt
20 the child and of the child.
21 (s) The Department of Children and Family Services may
22 establish and implement a program to reimburse Department and
23 private child welfare agency foster parents licensed by the
24 Department of Children and Family Services for damages
25 sustained by the foster parents as a result of the malicious
26 or negligent acts of foster children, as well as providing
27 third party coverage for such foster parents with regard to
28 actions of foster children to other individuals. Such
29 coverage will be secondary to the foster parent liability
30 insurance policy, if applicable. The program shall be funded
31 through appropriations from the General Revenue Fund,
32 specifically designated for such purposes.
33 (t) The Department shall perform home studies and
34 investigations and shall exercise supervision over visitation
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1 as ordered by a court pursuant to the Illinois Marriage and
2 Dissolution of Marriage Act or the Adoption Act only if:
3 (1) an order entered by an Illinois court
4 specifically directs the Department to perform such
5 services; and
6 (2) the court has ordered one or both of the
7 parties to the proceeding to reimburse the Department for
8 its reasonable costs for providing such services in
9 accordance with Department rules, or has determined that
10 neither party is financially able to pay.
11 The Department shall provide written notification to the
12 court of the specific arrangements for supervised visitation
13 and projected monthly costs within 60 days of the court
14 order. The Department shall send to the court information
15 related to the costs incurred except in cases where the court
16 has determined the parties are financially unable to pay. The
17 court may order additional periodic reports as appropriate.
18 (u) Whenever the Department places a child in a licensed
19 foster home, group home, child care institution, or in a
20 relative home, the Department shall provide to the caretaker:
21 (1) available detailed information concerning the
22 child's educational and health history, copies of
23 immunization records (including insurance and medical
24 card information), a history of the child's previous
25 placements, if any, and reasons for placement changes
26 excluding any information that identifies or reveals the
27 location of any previous caretaker;
28 (2) a copy of the child's portion of the client
29 service plan, including any visitation arrangement, and
30 all amendments or revisions to it as related to the
31 child; and
32 (3) information containing details of the child's
33 individualized educational plan when the child is
34 receiving special education services.
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1 The caretaker shall be informed of any known social or
2 behavioral information (including, but not limited to,
3 criminal background, fire setting, perpetuation of sexual
4 abuse, destructive behavior, and substance abuse) necessary
5 to care for and safeguard the child.
6 (u-5) Effective July 1, 1995, only foster care
7 placements licensed as foster family homes pursuant to the
8 Child Care Act of 1969 shall be eligible to receive foster
9 care payments from the Department. Relative caregivers who,
10 as of July 1, 1995, were approved pursuant to approved
11 relative placement rules previously promulgated by the
12 Department at 89 Ill. Adm. Code 335 and had submitted an
13 application for licensure as a foster family home may
14 continue to receive foster care payments only until the
15 Department determines that they may be licensed as a foster
16 family home or that their application for licensure is denied
17 or until September 30, 1995, whichever occurs first.
18 (v) The Department shall access criminal history record
19 information as defined in the Illinois Uniform Conviction
20 Information Act and information maintained in the
21 adjudicatory and dispositional record system as defined in
22 subdivision (A)19 of Section 55a of the Civil Administrative
23 Code of Illinois if the Department determines the information
24 is necessary to perform its duties under the Abused and
25 Neglected Child Reporting Act, the Child Care Act of 1969,
26 and the Children and Family Services Act. The Department
27 shall provide for interactive computerized communication and
28 processing equipment that permits direct on-line
29 communication with the Department of State Police's central
30 criminal history data repository. The Department shall
31 comply with all certification requirements and provide
32 certified operators who have been trained by personnel from
33 the Department of State Police. In addition, one Office of
34 the Inspector General investigator shall have training in the
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1 use of the criminal history information access system and
2 have access to the terminal. The Department of Children and
3 Family Services and its employees shall abide by rules and
4 regulations established by the Department of State Police
5 relating to the access and dissemination of this information.
6 (w) Within 120 days of August 20, 1995 (the effective
7 date of Public Act 89-392), the Department shall prepare and
8 submit to the Governor and the General Assembly, a written
9 plan for the development of in-state licensed secure child
10 care facilities that care for children who are in need of
11 secure living arrangements for their health, safety, and
12 well-being. For purposes of this subsection, secure care
13 facility shall mean a facility that is designed and operated
14 to ensure that all entrances and exits from the facility, a
15 building or a distinct part of the building, are under the
16 exclusive control of the staff of the facility, whether or
17 not the child has the freedom of movement within the
18 perimeter of the facility, building, or distinct part of the
19 building. The plan shall include descriptions of the types
20 of facilities that are needed in Illinois; the cost of
21 developing these secure care facilities; the estimated number
22 of placements; the potential cost savings resulting from the
23 movement of children currently out-of-state who are projected
24 to be returned to Illinois; the necessary geographic
25 distribution of these facilities in Illinois; and a proposed
26 timetable for development of such facilities.
27 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
28 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
29 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
30 revised 10-20-97.)
31 (20 ILCS 505/8) (from Ch. 23, par. 5008)
32 Sec. 8. Scholarships and fee waivers. Each year the
33 Department may select from among the children under care, or
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1 children formerly under care who have been adopted or are in
2 the subsidized guardianship program, a maximum of 48 24
3 students, (at least 4 of whom shall be children of veterans),
4 who have completed 4 years in an accredited high school; the
5 children selected who shall be eligible for scholarships and
6 fee waivers which will entitle them to 4 consecutive years of
7 community college, university, or college education.
8 Selection shall be made on the basis of scholastic record,
9 aptitude, and general interest in higher education. In
10 accordance with this Act, tuition scholarships and fee
11 waivers shall be available to such students at any university
12 or college maintained by the State of Illinois. The
13 Department shall provide maintenance and school expenses,
14 except tuition and fees, during the academic years to
15 supplement the students' earnings or other resources so long
16 as they consistently maintain scholastic records which are
17 acceptable to their schools and to the Department. Students
18 may attend other colleges and universities, if scholarships
19 are awarded them, and receive the same benefits for
20 maintenance and other expenses as those students attending
21 any Illinois State community college, university, or college
22 under this Section.
23 (Source: P.A. 84-168.)
24 Section 10. The Child Death Review Team Act is amended
25 by changing Section 20 as follows:
26 (20 ILCS 515/20)
27 Sec. 20. Reviews of child deaths.
28 (a) Every child death shall be reviewed by the team in
29 the subregion which has primary case management
30 responsibility. The deceased child must be one of the
31 following:
32 (1) A ward of the Department.
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1 (2) The subject of an open service case maintained
2 by the Department.
3 (3) The subject of a pending child abuse or neglect
4 investigation.
5 (4) A child who was the subject of an abuse or
6 neglect investigation at any time during the 12 months
7 preceding the child's death.
8 (5) Any other child whose death is reported to the
9 State central register as a result of alleged child abuse
10 or neglect which report is subsequently indicated.
11 A child death review team may, at its discretion, review
12 other sudden, unexpected, or unexplained child deaths.
13 (b) A child death review team's purpose in conducting
14 reviews of child deaths is to do the following:
15 (1) Assist in determining the cause and manner of
16 the child's death, when requested.
17 (2) Evaluate means by which the death might have
18 been prevented.
19 (3) Report its findings to appropriate agencies and
20 make recommendations that may help to reduce the number
21 of child deaths caused by abuse or neglect.
22 (4) Promote continuing education for professionals
23 involved in investigating, treating, and preventing child
24 abuse and neglect as a means of preventing child deaths
25 due to abuse or neglect.
26 (5) Make specific recommendations to the Director
27 and the Inspector General of the Department concerning
28 the prevention of child deaths due to abuse or neglect
29 and the establishment of protocols for investigating
30 child deaths.
31 (c) A child death review team shall review a child death
32 as soon as practical and not later than 90 days following the
33 completion by the Department of the investigation of the
34 death under the Abused and Neglected Child Reporting Act.
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1 When there has been no investigation by the Department, the
2 child death review team shall review a child's death within
3 90 days after obtaining the information necessary to complete
4 the review from the coroner, pathologist, medical examiner,
5 or law enforcement agency, depending on the nature of the
6 case. A child death review team shall meet at least once in
7 each calendar quarter.
8 (d) The Director shall, within 90 days, review and reply
9 to recommendations made by a team under item (5) of
10 subsection (b). The Director shall implement recommendations
11 as feasible and appropriate and shall respond in writing to
12 explain the implementation or nonimplementation of the
13 recommendations.
14 (Source: P.A. 90-239, eff. 7-28-97.)
15 Section 15. The Hospital Licensing Act is amended by
16 changing Section 9 as follows:
17 (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
18 Sec. 9. The Department shall make or cause to be made
19 such inspections and investigations as it deems necessary.
20 Information received by the Department through filed reports,
21 inspection, or as otherwise authorized under this Act shall
22 not be disclosed publicly in such manner as to identify
23 individuals or hospitals, except (i) in a proceeding
24 involving the denial, suspension, or revocation of a permit
25 to establish a hospital or a proceeding involving the denial,
26 suspension, or revocation of a license to open, conduct,
27 operate, and maintain a hospital, (ii) to the Department of
28 Children and Family Services in the course of a child abuse
29 or neglect investigation conducted by that Department or by
30 the Department of Public Health, or (iii) in other
31 circumstances as may be approved by the Hospital Licensing
32 Board.
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1 (Source: Laws 1965, p. 2350.)
2 Section 25. The Vital Records Act is amended by changing
3 Section 8 as follows:
4 (410 ILCS 535/8) (from Ch. 111 1/2, par. 73-8)
5 Sec. 8. Each local registrar shall:
6 (1) Appoint one or more deputies to act for him in his
7 absence or to assist him. Such deputies shall be subject to
8 all rules and regulations governing local registrars.
9 (2) Appoint one or more subregistrars when necessary for
10 the convenience of the people. To become effective, such
11 appointments must be approved by the State Registrar of Vital
12 Records. A subregistrar shall exercise such authority as is
13 given him by the local registrar and is subject to the
14 supervision and control of the State Registrar of Vital
15 Records, and shall be liable to the same penalties as local
16 registrars, as provided in Section 27 of this Act.
17 (3) Administer and enforce the provisions of this Act
18 and the instructions, rules, and regulations issued
19 hereunder.
20 (4) Require that certificates be completed and filed in
21 accordance with the provisions of this Act and the rules and
22 regulations issued hereunder.
23 (5) Prepare and transmit monthly an accurate copy of
24 each record of live birth, death, and fetal death to the
25 county clerk of his county. He shall also, in the case of a
26 death of a person who was a resident of another county,
27 prepare an additional copy of the death record and transmit
28 it to the county clerk of the county in which such person was
29 a resident. In no case shall the county clerk's copy of a
30 live birth record include the section of the certificate
31 which contains information for health and statistical program
32 use only.
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1 (6) (Blank).
2 (7) Prepare, file, and retain for a period of at least
3 10 years in his own office an accurate copy of each record of
4 live birth, death, and fetal death accepted for registration.
5 Only in those instances in which the local registrar is also
6 a full time city, village, incorporated town, public health
7 district, county, or multi-county health officer recognized
8 by the Department may the health and statistical data section
9 of the live birth record be made a part of this copy.
10 (8) Transmit monthly the certificates, reports, or other
11 returns filed with him to the State Registrar of Vital
12 Records, or more frequently when directed to do so by the
13 State Registrar of Vital Records.
14 (8.5) Transmit monthly to the State central register of
15 the Illinois Department of Children and Family Services a
16 copy of all death certificates of persons under 18 years of
17 age who have died.
18 (9) Maintain such records, make such reports, and
19 perform such other duties as may be required by the State
20 Registrar of Vital Records.
21 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
22 Section 30. The Juvenile Court Act of 1987 is amended by
23 changing Sections 1-2, 1-3, 1-5, 2-15, 2-16, 2-18, 2-21,
24 2-22, 2-23, 2-27, 2-28, 2-28.1, 2-29, and 2-31 as follows:
25 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
26 Sec. 1-2. Purpose and policy.
27 (1) The purpose of this Act is to secure for each minor
28 subject hereto such care and guidance, preferably in his or
29 her own home, as will serve the safety and moral, emotional,
30 mental, and physical welfare of the minor and the best
31 interests of the community; to preserve and strengthen the
32 minor's family ties whenever possible, removing him or her
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1 from the custody of his or her parents only when his or her
2 safety or welfare or the protection of the public cannot be
3 adequately safeguarded without removal; if the child is
4 removed from the custody of his or her parent, the Department
5 of Children and Family Services immediately shall consider
6 concurrent planning, as described in Section 5 of the
7 Children and Family Services Act so that permanency may occur
8 at the earliest opportunity; consideration should be given so
9 that if reunification fails or is delayed, the placement made
10 is the best available placement to provide permanency for the
11 child; and, when the minor is removed from his or her own
12 family, to secure for him or her custody, care and discipline
13 as nearly as possible equivalent to that which should be
14 given by his or her parents, and in cases where it should and
15 can properly be done to place the minor in a family home so
16 that he or she may become a member of the family by legal
17 adoption or otherwise. Provided that a ground for unfitness
18 under the Adoption Act can be met, it may be appropriate to
19 expedite termination of parental rights:
20 (a) when reasonable efforts are inappropriate, or
21 have been provided and were unsuccessful, and there are
22 aggravating circumstances including, but not limited to,
23 those cases in which (i) a child or a sibling of the
24 child was (A) abandoned, (B) tortured, or (C) chronically
25 abused or (ii) the parent is criminally convicted of (A)
26 first degree murder or second degree murder of any child,
27 (B) attempt or conspiracy to commit first degree murder
28 or second degree murder of any child, (C) solicitation to
29 commit murder, solicitation to commit murder for hire, or
30 solicitation to commit second degree murder of any child,
31 or accountability for the first or second degree murder
32 of any child, or (D) aggravated criminal sexual assault
33 in violation of Section 12-14(b)(1) of the Criminal Code
34 of 1961; or
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1 (b) when the parental rights of a parent with
2 respect to a sibling of the child have been involuntarily
3 terminated; or
4 (c) in those extreme cases in which the parent's
5 incapacity to care for the child, combined with an
6 extremely poor prognosis for treatment or rehabilitation,
7 justifies expedited termination of parental rights.
8 (2) In all proceedings under this Act the court may
9 direct the course thereof so as promptly to ascertain the
10 jurisdictional facts and fully to gather information bearing
11 upon the current condition and future welfare of persons
12 subject to this Act. This Act shall be administered in a
13 spirit of humane concern, not only for the rights of the
14 parties, but also for the fears and the limits of
15 understanding of all who appear before the court.
16 (3) In all procedures under this Act, the following
17 shall apply:
18 (a) The procedural rights assured to the minor
19 shall be the rights of adults unless specifically
20 precluded by laws which enhance the protection of such
21 minors.
22 (b) Every child has a right to services necessary
23 to his or her safety and proper development, including
24 health, education and social services.
25 (c) The parents' right to the custody of their
26 child shall not prevail when the court determines that it
27 is contrary to the health, safety, and best interests of
28 the child.
29 (4) This Act shall be liberally construed to carry out
30 the foregoing purpose and policy.
31 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
32 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
33 eff. 8-16-97.)
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1 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
2 Sec. 1-3. Definitions. Terms used in this Act, unless
3 the context otherwise requires, have the following meanings
4 ascribed to them:
5 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
6 hearing to determine whether the allegations of a petition
7 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
8 of age is abused, neglected or dependent, or requires
9 authoritative intervention, or addicted, respectively, are
10 supported by a preponderance of the evidence or whether the
11 allegations of a petition under Section 5-13 that a minor is
12 delinquent are proved beyond a reasonable doubt.
13 (2) Adult. "Adult" means a person 21 years of age or
14 older.
15 (3) Agency. "Agency" means a public or private child
16 care facility legally authorized or licensed by this State
17 for placement or institutional care or for both placement and
18 institutional care.
19 (4) Association. "Association" means any organization,
20 public or private, engaged in welfare functions which include
21 services to or on behalf of children but does not include
22 "agency" as herein defined.
23 (4.05) Best Interests. Whenever a "best interest"
24 determination is required, the following factors shall be
25 considered in the context of the child's age and
26 developmental needs:
27 (a) the physical safety and welfare of the child,
28 including food, shelter, health, and clothing;
29 (b) the development of the child's identity;
30 (c) the child's background and ties, including familial,
31 racial, cultural, and religious;
32 (d) the child's sense of attachments, including:
33 (i) where the child actually feels love,
34 attachment, and a sense of being valued (as opposed to
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1 where adults believe the child should feel such love,
2 attachment, and a sense of being valued);
3 (ii) the child's sense of security;
4 (iii) the child's sense of familiarity;
5 (iv) continuity of affection for the child;
6 (v) the least disruptive placement alternative for
7 the child;
8 (e) the child's wishes and long-term goals;
9 (f) the child's community ties, including church,
10 school, and friends;
11 (g) permanence for the child;
12 (h) the uniqueness of every family and child;
13 (i) the risks attendant to entering and being in
14 substitute care; and
15 (j) the preferences of the persons available to care for
16 the child.
17 (4.1) Chronic truant. "Chronic truant" shall have the
18 definition ascribed to it in Section 26-2a of the School
19 Code.
20 (5) Court. "Court" means the circuit court in a session
21 or division assigned to hear proceedings under this Act.
22 (6) Dispositional hearing. "Dispositional hearing" means
23 a hearing to determine whether a minor should be adjudged to
24 be a ward of the court, and to determine what order of
25 disposition should be made in respect to a minor adjudged to
26 be a ward of the court.
27 (7) Emancipated minor. "Emancipated minor" means any
28 minor 16 years of age or over who has been completely or
29 partially emancipated under the "Emancipation of Mature
30 Minors Act", enacted by the Eighty-First General Assembly, or
31 under this Act.
32 (8) Guardianship of the person. "Guardianship of the
33 person" of a minor means the duty and authority to act in the
34 best interests of the minor, subject to residual parental
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1 rights and responsibilities, to make important decisions in
2 matters having a permanent effect on the life and development
3 of the minor and to be concerned with his or her general
4 welfare. It includes but is not necessarily limited to:
5 (a) the authority to consent to marriage, to
6 enlistment in the armed forces of the United States, or
7 to a major medical, psychiatric, and surgical treatment;
8 to represent the minor in legal actions; and to make
9 other decisions of substantial legal significance
10 concerning the minor;
11 (b) the authority and duty of reasonable
12 visitation, except to the extent that these have been
13 limited in the best interests of the minor by court
14 order;
15 (c) the rights and responsibilities of legal
16 custody except where legal custody has been vested in
17 another person or agency; and
18 (d) the power to consent to the adoption of the
19 minor, but only if expressly conferred on the guardian in
20 accordance with Section 2-29, 3-30, 4-27 or 5-31.
21 (9) Legal custody. "Legal custody" means the
22 relationship created by an order of court in the best
23 interests of the minor which imposes on the custodian the
24 responsibility of physical possession of a minor and the duty
25 to protect, train and discipline him and to provide him with
26 food, shelter, education and ordinary medical care, except as
27 these are limited by residual parental rights and
28 responsibilities and the rights and responsibilities of the
29 guardian of the person, if any.
30 (10) Minor. "Minor" means a person under the age of 21
31 years subject to this Act.
32 (11) Parents. "Parent" means the father or mother of a
33 child and includes any adoptive parent. It also includes a
34 putative father as defined in this Section the father whose
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1 paternity is presumed or has been established under the law
2 of this or another jurisdiction. It does not include a
3 parent whose rights in respect to the minor have been
4 terminated in any manner provided by law.
5 (11.1) "Permanency goal" means a goal set by the court
6 as defined in subdivision (2)(c) of Section 2-28 or
7 subsection (c) of Section 2-28.01 or in counties with a
8 population of 3,000,000 or more, a goal ordered by a judge.
9 (11.2) "Permanency hearing" means a hearing to review
10 and determine (i) the appropriateness of the permanency goal,
11 (ii) the appropriateness of the services contained in the
12 plan and whether those services have been provided, (iii)
13 whether reasonable efforts have been made by all the parties
14 to the service plan to achieve the goal, and (iv) whether the
15 plan and goal have been achieved.
16 (12) Petition. "Petition" means the petition provided
17 for in Section 2-13, 3-15, 4-12 or 5-13, including any
18 supplemental petitions thereunder in Section 3-15, 4-12 or
19 5-13.
20 (12.5) "Putative father" means a man who may be a
21 child's father, but who (i) is not married to the child's
22 mother on or before the date that the child was or is to be
23 born and (ii) has not established paternity of the child in a
24 court proceeding before the filing of a petition for the
25 adoption of the child. The term includes a male who is less
26 than 18 years of age. "Putative father" does not mean a man
27 who is the child's father as a result of a conviction of
28 criminal sexual abuse or assault as defined under Article 12
29 of the Criminal Code of 1961.
30 (13) Residual parental rights and responsibilities.
31 "Residual parental rights and responsibilities" means those
32 rights and responsibilities remaining with the parent after
33 the transfer of legal custody or guardianship of the person,
34 including, but not necessarily limited to, the right to
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1 reasonable visitation (which may be limited by the court in
2 the best interests of the minor as provided in subsection
3 (8)(b) of this Section), the right to consent to adoption,
4 the right to determine the minor's religious affiliation, and
5 the responsibility for his support.
6 (14) Shelter. "Shelter" means the temporary care of a
7 minor in physically unrestricting facilities pending court
8 disposition or execution of court order for placement.
9 (15) Station adjustment. "Station adjustment" means the
10 informal handling of an alleged offender by a juvenile police
11 officer.
12 (16) Ward of the court. "Ward of the court" means a
13 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
14 5-22, after a finding of the requisite jurisdictional facts,
15 and thus is subject to the dispositional powers of the court
16 under this Act.
17 (17) Juvenile police officer. "Juvenile police officer"
18 means a sworn police officer who has completed a Basic
19 Recruit Training Course, has been assigned to the position of
20 juvenile police officer by his or her chief law enforcement
21 officer and has completed the necessary juvenile officers
22 training as prescribed by the Illinois Law Enforcement
23 Training Standards Board, or in the case of a State police
24 officer, juvenile officer training approved by the Director
25 of the Department of State Police.
26 (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; revised
27 11-12-97.)
28 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
29 Sec. 1-5. Rights of parties to proceedings.
30 (1) Except as provided in this Section and paragraph (2)
31 of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
32 subject of the proceeding and his parents, guardian, legal
33 custodian or responsible relative who are parties respondent
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1 have the right to be present, to be heard, to present
2 evidence material to the proceedings, to cross-examine
3 witnesses, to examine pertinent court files and records and
4 also, although proceedings under this Act are not intended to
5 be adversary in character, the right to be represented by
6 counsel. At the request of any party financially unable to
7 employ counsel, with the exception of a foster parent
8 permitted to intervene under this Section, the court shall
9 appoint the Public Defender or such other counsel as the case
10 may require. Counsel appointed for the minor and any indigent
11 party shall appear at all stages of the trial court
12 proceeding, and such appointment shall continue through the
13 permanency hearings and termination of parental rights
14 proceedings subject to withdrawal or substitution pursuant to
15 Supreme Court Rules or the Code of Civil Procedure. Following
16 the dispositional hearing, the court may require appointed
17 counsel to withdraw his or her appearance upon failure of the
18 party for whom counsel was appointed under this Section to
19 attend any subsequent proceedings.
20 No hearing on any petition or motion filed under this Act
21 may be commenced unless the minor who is the subject of the
22 proceeding is represented by counsel. Each adult respondent
23 shall be furnished a written "Notice of Rights" at or before
24 the first hearing at which he or she appears.
25 (1.5) The Department shall maintain a system of response
26 to inquiry made by parents or putative parents as to whether
27 their child is under the custody or guardianship of the
28 Department; and if so, the Department shall direct the
29 parents or putative parents to the appropriate court of
30 jurisdiction, including where inquiry may be made of the
31 clerk of the court regarding the case number and the next
32 scheduled court date of the minor's case. Effective notice
33 and the means of accessing information shall be given to the
34 public on a continuing basis by the Department.
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1 (2) (a) Though not appointed guardian or legal custodian
2 or otherwise made a party to the proceeding, any current or
3 previously appointed foster parent or representative of an
4 agency or association interested in the minor has the right
5 to be heard by the court, but does not thereby become a party
6 to the proceeding.
7 In addition to the foregoing right to be heard by the
8 court, any current foster parent of a minor and the agency
9 designated by the court or the Department of Children and
10 Family Services as custodian of the minor who has been
11 adjudicated an abused or neglected minor under Section 2-3 or
12 a dependent minor under Section 2-4 of this Act has the right
13 to and shall be given adequate notice at all stages of any
14 hearing or proceeding under this Act wherein the custody or
15 status of the minor may be changed. Such notice shall
16 contain a statement regarding the nature and denomination of
17 the hearing or proceeding to be held, any the change in
18 custody or status of the minor sought to be obtained at such
19 hearing or proceeding, and the date, time and place of such
20 hearing or proceeding. The Department of Children and Family
21 Services or the licensed child welfare agency that has placed
22 the minor with the foster parent shall notify the clerk of
23 the court of the name and address of the current foster
24 parent. The clerk shall mail the notice by certified mail
25 marked for delivery to addressee only. The regular return
26 receipt for certified mail is sufficient proof of service.
27 Any foster parent who is denied his or her right to be
28 heard under this Section may bring a mandamus action under
29 Article XIV of the Code of Civil Procedure against the court
30 or any public agency to enforce that right. The mandamus
31 action may be brought immediately upon the denial of those
32 rights but in no event later than 30 days after the foster
33 parent has been denied the right to be heard.
34 (b) If after an adjudication that a minor is abused or
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1 neglected as provided under Section 2-21 of this Act and a
2 motion has been made to restore the minor to any parent,
3 guardian, or legal custodian found by the court to have
4 caused the neglect or to have inflicted the abuse on the
5 minor, a foster parent may file a motion to intervene in the
6 proceeding for the sole purpose of requesting that the minor
7 be placed with the foster parent, provided that the foster
8 parent (i) is the current foster parent of the minor or (ii)
9 has previously been a foster parent for the minor for one
10 year or more, has a foster care license or is eligible for a
11 license, and is not the subject of any findings of abuse or
12 neglect of any child. The juvenile court may only enter
13 orders placing a minor with a specific foster parent under
14 this subsection (2)(b) and nothing in this Section shall be
15 construed to confer any jurisdiction or authority on the
16 juvenile court to issue any other orders requiring the
17 appointed guardian or custodian of a minor to place the minor
18 in a designated foster home or facility. This Section is not
19 intended to encompass any matters that are within the scope
20 or determinable under the administrative and appeal process
21 established by rules of the Department of Children and Family
22 Services under Section 5(o) of the Children and Family
23 Services Act. Nothing in this Section shall relieve the
24 court of its responsibility, under Section 2-14(a) of this
25 Act to act in a just and speedy manner to reunify families
26 where it is the best interests of the minor and the child can
27 be cared for at home without endangering the child's health
28 or safety and, if reunification is not in the best interests
29 of the minor, to find another permanent home for the minor.
30 Nothing in this Section, or in any order issued by the court
31 with respect to the placement of a minor with a foster
32 parent, shall impair the ability of the Department of
33 Children and Family Services, or anyone else authorized under
34 Section 5 of the Abused and Neglected Child Reporting Act, to
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1 remove a minor from the home of a foster parent if the
2 Department of Children and Family Services or the person
3 removing the minor has reason to believe that the
4 circumstances or conditions of the minor are such that
5 continuing in the residence or care of the foster parent will
6 jeopardize the child's health and safety or present an
7 imminent risk of harm to that minor's life.
8 (c) If a foster parent has had the minor who is the
9 subject of the proceeding under Article II in his or her home
10 for more than one year on or after July 3, 1994 and if the
11 minor's placement is being terminated from that foster
12 parent's home, that foster parent shall have standing and
13 intervenor status except in those circumstances where the
14 Department of Children and Family Services or anyone else
15 authorized under Section 5 of the Abused and Neglected Child
16 Reporting Act has removed the minor from the foster parent
17 because of a reasonable belief that the circumstances or
18 conditions of the minor are such that continuing in the
19 residence or care of the foster parent will jeopardize the
20 child's health or safety or presents an imminent risk of harm
21 to the minor's life.
22 (d) The court may grant standing to any foster parent if
23 the court finds that it is in the best interest of the child
24 for the foster parent to have standing and intervenor status.
25 (3) Parties respondent are entitled to notice in
26 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
27 and 4-15 or 5-15 and 5-16, as appropriate. At the first
28 appearance before the court by the minor, his parents,
29 guardian, custodian or responsible relative, the court shall
30 explain the nature of the proceedings and inform the parties
31 of their rights under the first 2 paragraphs of this Section.
32 If the child is alleged to be abused, neglected or
33 dependent, the court shall admonish the parents that if the
34 court declares the child to be a ward of the court and awards
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1 custody or guardianship to the Department of Children and
2 Family Services, the parents must cooperate with the
3 Department of Children and Family Services, comply with the
4 terms of the service plans, and correct the conditions that
5 require the child to be in care, or risk termination of their
6 parental rights.
7 Upon an adjudication of wardship of the court under
8 Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
9 parties of their right to appeal therefrom as well as from
10 any other final judgment of the court.
11 When the court finds that a child is an abused,
12 neglected, or dependent minor under Section 2-21, the court
13 shall admonish the parents that the parents must cooperate
14 with the Department of Children and Family Services, comply
15 with the terms of the service plans, and correct the
16 conditions that require the child to be in care, or risk
17 termination of their parental rights.
18 When the court declares a child to be a ward of the court
19 and awards guardianship to the Department of Children and
20 Family Services under Section 2-22, the court shall admonish
21 the parents, guardian, custodian, or responsible relative
22 that the parents must cooperate with the Department of
23 Children and Family Services, comply with the terms of the
24 service plans, and correct the conditions that require the
25 child to be in care, or risk termination of their parental
26 rights.
27 (4) No sanction may be applied against the minor who is
28 the subject of the proceedings by reason of his refusal or
29 failure to testify in the course of any hearing held prior to
30 final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
31 (5) In the discretion of the court, the minor may be
32 excluded from any part or parts of a dispositional hearing
33 and, with the consent of the parent or parents, guardian,
34 counsel or a guardian ad litem, from any part or parts of an
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1 adjudicatory hearing.
2 (6) The general public except for the news media and the
3 victim shall be excluded from any hearing and, except for the
4 persons specified in this Section only persons, including
5 representatives of agencies and associations, who in the
6 opinion of the court have a direct interest in the case or in
7 the work of the court shall be admitted to the hearing.
8 However, the court may, for the minor's safety and protection
9 and for good cause shown, prohibit any person or agency
10 present in court from further disclosing the minor's
11 identity.
12 (Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
13 eff. 1-1-98.)
14 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
15 Sec. 2-15. Summons.
16 (1) When a petition is filed, the clerk of the court
17 shall issue a summons with a copy of the petition attached.
18 The summons shall be directed to the minor's legal guardian
19 or custodian and to each person named as a respondent in the
20 petition, except that summons need not be directed to a minor
21 respondent under 8 years of age for whom the court appoints a
22 guardian ad litem if the guardian ad litem appears on behalf
23 of the minor in any proceeding under this Act.
24 (2) The summons must contain a statement that the minor
25 or any of the respondents is entitled to have an attorney
26 present at the hearing on the petition, and that the clerk of
27 the court should be notified promptly if the minor or any
28 other respondent desires to be represented by an attorney but
29 is financially unable to employ counsel.
30 (3) The summons shall be issued under the seal of the
31 court, attested in and signed with the name of the clerk of
32 the court, dated on the day it is issued, and shall require
33 each respondent to appear and answer the petition on the date
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1 set for the adjudicatory hearing. The summons shall contain
2 a notice that the parties will not be entitled to further
3 written notices or publication notices of proceedings in this
4 case, including the filing of an amended petition or a motion
5 to terminate parental rights, except as required by Supreme
6 Court Rule 11.
7 (4) The summons may be served by any county sheriff,
8 coroner or probation officer, even though the officer is the
9 petitioner. The return of the summons with endorsement of
10 service by the officer is sufficient proof thereof.
11 (5) Service of a summons and petition shall be made by:
12 (a) leaving a copy thereof with the person summoned at least
13 3 days before the time stated therein for appearance; (b)
14 leaving a copy at his usual place of abode with some person
15 of the family, of the age of 10 years or upwards, and
16 informing that person of the contents thereof, provided the
17 officer or other person making service shall also send a copy
18 of the summons in a sealed envelope with postage fully
19 prepaid, addressed to the person summoned at his usual place
20 of abode, at least 3 days before the time stated therein for
21 appearance; or (c) leaving a copy thereof with the guardian
22 or custodian of a minor, at least 3 days before the time
23 stated therein for appearance. If the guardian or custodian
24 is an agency of the State of Illinois, proper service may be
25 made by leaving a copy of the summons and petition with any
26 administrative employee of such agency designated by such
27 agency to accept service of summons and petitions. The
28 certificate of the officer or affidavit of the person that he
29 has sent the copy pursuant to this Section is sufficient
30 proof of service.
31 (6) When a parent or other person, who has signed a
32 written promise to appear and bring the minor to court or who
33 has waived or acknowledged service, fails to appear with the
34 minor on the date set by the court, a bench warrant may be
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1 issued for the parent or other person, the minor, or both.
2 (7) The appearance of the minor's legal guardian or
3 custodian, or a person named as a respondent in a petition,
4 in any proceeding under this Act shall constitute a waiver of
5 service of summons and submission to the jurisdiction of the
6 court, except that the filing of a special appearance
7 authorized under Section 2-301 of the Code of Civil Procedure
8 does not constitute an appearance under this subsection. A
9 copy of the summons and petition shall be provided to the
10 person at the time of his appearance.
11 (8) Notice to a parent who has appeared or been served
12 with summons personally or by certified mail, and for whom an
13 order of default has been entered on the petition for
14 wardship and has not been set aside shall be provided in
15 accordance with Supreme Court Rule 11. Notice to a parent
16 who was served by publication and for whom an order of
17 default has been entered on the petition for wardship and has
18 not been set aside shall be provided in accordance with this
19 Section and Section 2-16.
20 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
21 (705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
22 Sec. 2-16. Notice by certified mail or publication.
23 (1) If service on individuals as provided in Section
24 2-15 is not made on any respondent within a reasonable time
25 or if it appears that any respondent resides outside the
26 State, service may be made by certified mail. In such case
27 the clerk shall mail the summons and a copy of the petition
28 to that respondent by certified mail marked for delivery to
29 addressee only. The court shall not proceed with the
30 adjudicatory hearing until 5 days after such mailing. The
31 regular return receipt for certified mail is sufficient proof
32 of service.
33 (2) Where a respondent's usual place of abode is not
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1 known, a diligent inquiry shall be made to ascertain the
2 respondent's current and last known address. The Department
3 of Children and Family Services shall adopt rules defining
4 the requirements for conducting a diligent search to locate
5 parents of minors in the custody of the Department. If, after
6 diligent inquiry made at any time within the preceding 12
7 months, the usual place of abode cannot be reasonably
8 ascertained, or if respondent is concealing his or her
9 whereabouts to avoid service of process, petitioner's
10 attorney shall file an affidavit at the office of the clerk
11 of court in which the action is pending showing that
12 respondent on due inquiry cannot be found or is concealing
13 his or her whereabouts so that process cannot be served. The
14 affidavit shall state the last known address of the
15 respondent. The affidavit shall also state what efforts were
16 made to effectuate service. Within 3 days of receipt of the
17 affidavit, the clerk shall issue publication service as
18 provided below. The clerk shall also send a copy thereof by
19 mail addressed to each respondent listed in the affidavit at
20 his or her last known address. The clerk of the court as soon
21 as possible shall cause publication to be made once in a
22 newspaper of general circulation in the county where the
23 action is pending. Notice by publication is not required in
24 any case when the person alleged to have legal custody of the
25 minor has been served with summons personally or by certified
26 mail, but the court may not enter any order or judgment
27 against any person who cannot be served with process other
28 than by publication unless notice by publication is given or
29 unless that person appears. When a minor has been sheltered
30 under Section 2-10 of this Act and summons has not been
31 served personally or by certified mail within 20 days from
32 the date of the order of court directing such shelter care,
33 the clerk of the court shall cause publication. Notice by
34 publication shall be substantially as follows:
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1 "A, B, C, D, (here giving the names of the named
2 respondents, if any) and to All Whom It May Concern (if there
3 is any respondent under that designation):
4 Take notice that on the .... day of ...., 19.. a
5 petition was filed under the Juvenile Court Act by .... in
6 the circuit court of .... county entitled 'In the interest of
7 ...., a minor', and that in .... courtroom at .... on the
8 .... day of .... at the hour of ...., or as soon thereafter
9 as this cause may be heard, an adjudicatory hearing will be
10 held upon the petition to have the child declared to be a
11 ward of the court under that Act. THE COURT HAS AUTHORITY IN
12 THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND GUARDIANSHIP
13 OF THE MINOR, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO
14 APPOINT A GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU
15 MAY LOSE ALL PARENTAL RIGHTS TO YOUR CHILD. IF THE PETITION
16 REQUESTS THE TERMINATION OF YOUR PARENTAL RIGHTS AND THE
17 APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
18 YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD. Unless you
19 appear you will not be entitled to further written notices or
20 publication notices of the proceedings in this case,
21 including the filing of an amended petition or a motion to
22 terminate parental rights.
23 Now, unless you appear at the hearing and show cause
24 against the petition, the allegations of the petition may
25 stand admitted as against you and each of you, and an order
26 or judgment entered.
27 ......................
28 Clerk
29 Dated (the date of publication)"
30 (3) The clerk shall also at the time of the publication
31 of the notice send a copy thereof by mail to each of the
32 respondents on account of whom publication is made at his or
33 her last known address. The certificate of the clerk that he
34 or she has mailed the notice is evidence thereof. No other
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1 publication notice is required. Every respondent notified by
2 publication under this Section must appear and answer in open
3 court at the hearing. The court may not proceed with the
4 adjudicatory hearing until 10 days after service by
5 publication on any parent, guardian or legal custodian in the
6 case of a minor described in Section 2-3 or 2-4.
7 (4) If it becomes necessary to change the date set for
8 the hearing in order to comply with Section 2-14 or with this
9 Section, notice of the resetting of the date must be given,
10 by certified mail or other reasonable means, to each
11 respondent who has been served with summons personally or by
12 certified mail.
13 (5) Notice to a parent who has appeared or been served
14 with summons personally or by certified mail, and for whom an
15 order of default has been entered on the petition for
16 wardship and has not been set aside shall be provided in
17 accordance with Supreme Court Rule 11. Notice to a parent
18 who was served by publication and for whom an order of
19 default has been entered on the petition for wardship and has
20 not been set aside shall be provided in accordance with this
21 Section and Section 2-15.
22 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
23 (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
24 Sec. 2-18. Evidence.
25 (1) At the adjudicatory hearing, the court shall first
26 consider only the question whether the minor is abused,
27 neglected or dependent. The standard of proof and the rules
28 of evidence in the nature of civil proceedings in this State
29 are applicable to proceedings under this Article. If the
30 petition also seeks the appointment of a guardian of the
31 person with power to consent to adoption of the minor under
32 Section 2-29, the court may also consider legally admissible
33 evidence at the adjudicatory hearing that one or more grounds
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1 of unfitness exists under subdivision D of Section 1 of the
2 Adoption Act.
3 (2) In any hearing under this Act, the following shall
4 constitute prima facie evidence of abuse or neglect, as the
5 case may be:
6 (a) proof that a minor has a medical diagnosis of
7 battered child syndrome is prima facie evidence of abuse;
8 (b) proof that a minor has a medical diagnosis of
9 failure to thrive syndrome is prima facie evidence of
10 neglect;
11 (c) proof that a minor has a medical diagnosis of
12 fetal alcohol syndrome is prima facie evidence of
13 neglect;
14 (d) proof that a minor has a medical diagnosis at
15 birth of withdrawal symptoms from narcotics or
16 barbiturates is prima facie evidence of neglect;
17 (e) proof of injuries sustained by a minor or of
18 the condition of a minor of such a nature as would
19 ordinarily not be sustained or exist except by reason of
20 the acts or omissions of the parent, custodian or
21 guardian of such minor shall be prima facie evidence of
22 abuse or neglect, as the case may be;
23 (f) proof that a parent, custodian or guardian of a
24 minor repeatedly used a drug, to the extent that it has
25 or would ordinarily have the effect of producing in the
26 user a substantial state of stupor, unconsciousness,
27 intoxication, hallucination, disorientation or
28 incompetence, or a substantial impairment of judgment, or
29 a substantial manifestation of irrationality, shall be
30 prima facie evidence of neglect;
31 (g) proof that a parent, custodian, or guardian of
32 a minor repeatedly used a controlled substance, as
33 defined in subsection (f) of Section 102 of the Illinois
34 Controlled Substances Act, in the presence of the minor
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1 or a sibling of the minor is prima facie evidence of
2 neglect. "Repeated use", for the purpose of this
3 subsection, means more than one use of a controlled
4 substance as defined in subsection (f) of Section 102 of
5 the Illinois Controlled Substances Act;
6 (h) proof that a newborn infant's blood, urine, or
7 meconium contains any amount of a controlled substance as
8 defined in subsection (f) of Section 102 of the Illinois
9 Controlled Substances Act, or a metabolite of a
10 controlled substance, with the exception of controlled
11 substances or metabolites of those substances, the
12 presence of which is the result of medical treatment
13 administered to the mother or the newborn, is prime facie
14 evidence of neglect.
15 (3) In any hearing under this Act, proof of the abuse,
16 neglect or dependency of one minor shall be admissible
17 evidence on the issue of the abuse, neglect or dependency of
18 any other minor for whom the respondent is responsible.
19 (4) (a) Any writing, record, photograph or x-ray of any
20 hospital or public or private agency, whether in the form of
21 an entry in a book or otherwise, made as a memorandum or
22 record of any condition, act, transaction, occurrence or
23 event relating to a minor in an abuse, neglect or dependency
24 proceeding, shall be admissible in evidence as proof of that
25 condition, act, transaction, occurrence or event, if the
26 court finds that the document was made in the regular course
27 of the business of the hospital or agency and that it was in
28 the regular course of such business to make it, at the time
29 of the act, transaction, occurrence or event, or within a
30 reasonable time thereafter. A certification by the head or
31 responsible employee of the hospital or agency that the
32 writing, record, photograph or x-ray is the full and complete
33 record of the condition, act, transaction, occurrence or
34 event and that it satisfies the conditions of this paragraph
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1 shall be prima facie evidence of the facts contained in such
2 certification. A certification by someone other than the
3 head of the hospital or agency shall be accompanied by a
4 photocopy of a delegation of authority signed by both the
5 head of the hospital or agency and by such other employee.
6 All other circumstances of the making of the memorandum,
7 record, photograph or x-ray, including lack of personal
8 knowledge of the maker, may be proved to affect the weight to
9 be accorded such evidence, but shall not affect its
10 admissibility.
11 (b) Any indicated report filed pursuant to the Abused
12 and Neglected Child Reporting Act shall be admissible in
13 evidence.
14 (c) Previous statements made by the minor relating to
15 any allegations of abuse or neglect shall be admissible in
16 evidence. However, no such statement, if uncorroborated and
17 not subject to cross-examination, shall be sufficient in
18 itself to support a finding of abuse or neglect.
19 (d) There shall be a rebuttable presumption that a minor
20 is competent to testify in abuse or neglect proceedings. The
21 court shall determine how much weight to give to the minor's
22 testimony, and may allow the minor to testify in chambers
23 with only the court, the court reporter and attorneys for the
24 parties present.
25 (e) The privileged character of communication between
26 any professional person and patient or client, except
27 privilege between attorney and client, shall not apply to
28 proceedings subject to this Article.
29 (f) Proof of the impairment of emotional health or
30 impairment of mental or emotional condition as a result of
31 the failure of the respondent to exercise a minimum degree of
32 care toward a minor may include competent opinion or expert
33 testimony, and may include proof that such impairment
34 lessened during a period when the minor was in the care,
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1 custody or supervision of a person or agency other than the
2 respondent.
3 (5) In any hearing under this Act alleging neglect for
4 failure to provide education as required by law under
5 subsection (1) of Section 2-3, proof that a minor under 13
6 years of age who is subject to compulsory school attendance
7 under the School Code is a chronic truant as defined under
8 the School Code shall be prima facie evidence of neglect by
9 the parent or guardian in any hearing under this Act and
10 proof that a minor who is 13 years of age or older who is
11 subject to compulsory school attendance under the School Code
12 is a chronic truant shall raise a rebuttable presumption of
13 neglect by the parent or guardian. This subsection (5) shall
14 not apply in counties with 2,000,000 or more inhabitants.
15 (6) In any hearing under this Act, the court may take
16 judicial notice of prior, sworn testimony or evidence
17 introduced in prior proceedings involving the same minor if
18 the parties were either represented by counsel at such prior
19 proceedings or the right to counsel was knowingly waived.
20 (Source: P.A. 88-343; 89-704, eff. 8-16-97 (changed from
21 1-1-98 by P.A. 90-443).)
22 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
23 Sec. 2-21. Findings and adjudication.
24 (1) The court shall state for the record the manner in
25 which the parties received service of process and shall note
26 whether the return or returns of service, postal return
27 receipt or receipts for notice by certified mail, or
28 certificate or certificates of publication have been filed in
29 the court record. The court shall enter any appropriate
30 orders of default against any parent who has been properly
31 served in any manner and fails to appear.
32 No further service of process as defined in Sections 2-15
33 and 2-16 is required in any subsequent proceeding for a
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1 parent who was properly served in any manner, except as
2 required by Supreme Court Rule 11.
3 The caseworker shall testify about the diligent search
4 conducted for the parent.
5 After hearing the evidence the court shall determine
6 whether or not the minor is abused, neglected, or dependent.
7 If it finds that the minor is not such a person, the court
8 shall order the petition dismissed and the minor discharged.
9 The court's determination of whether the minor is abused,
10 neglected, or dependent shall be stated in writing with the
11 factual basis supporting that determination.
12 If the court finds that the minor is abused, neglected,
13 or dependent, the court shall then determine and put in
14 writing the factual basis supporting the determination of
15 whether the abuse, neglect, or dependency is caused by a
16 parent, guardian, or legal custodian or the result of
17 physical abuse to the minor inflicted by a parent, guardian,
18 or legal custodian. That finding shall appear in the order
19 of the court.
20 If the court finds that the child has been abused,
21 neglected or dependent, the court shall admonish the parents
22 that they must cooperate with the Department of Children and
23 Family Services, comply with the terms of the service plan,
24 and correct the conditions that require the child to be in
25 care, or risk termination of parental rights.
26 If the court determines that a person has inflicted
27 physical or sexual abuse upon a minor, the court shall report
28 that determination to the Department of State Police, which
29 shall include that information in its report to the President
30 of the school board for a school district that requests a
31 criminal background investigation of that person as required
32 under Section 10-21.9 or 34-18.5 of the School Code.
33 (2) If the court determines and puts in writing the
34 factual basis supporting the determination that the minor is
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1 either abused or neglected or dependent, the court shall then
2 set a time not later than 30 days after the entry of the
3 finding for a dispositional hearing to be conducted under
4 Section 2-22 at which hearing the court shall determine
5 whether it is consistent with the health, safety and best
6 interests of the minor and the public that he be made a ward
7 of the court. To assist the court in making this and other
8 determinations at the dispositional hearing, the court may
9 order that an investigation be conducted and a dispositional
10 report be prepared concerning the minor's physical and mental
11 history and condition, family situation and background,
12 economic status, education, occupation, history of
13 delinquency or criminality, personal habits, and any other
14 information that may be helpful to the court. The
15 dispositional hearing may be continued once for a period not
16 to exceed 30 days if the court finds that such continuance is
17 necessary to complete the dispositional report.
18 (3) The time limits of this Section may be waived only
19 by consent of all parties and approval by the court, as
20 determined to be consistent with the health, safety and best
21 interests of the minor.
22 (4) For all cases adjudicated prior to July 1, 1991, for
23 which no dispositional hearing has been held prior to that
24 date, a dispositional hearing under Section 2-22 shall be
25 held within 90 days of July 1, 1991.
26 (5) The court may terminate the parental rights of a
27 parent at the initial dispositional hearing if all of the
28 following conditions are met:
29 (i) the original or amended petition contains a
30 request for termination of parental rights and
31 appointment of a guardian with power to consent to
32 adoption; and
33 (ii) the court has found by a preponderance of
34 evidence, introduced or stipulated to at an adjudicatory
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1 hearing, that the child comes under the jurisdiction of
2 the court as an abused, neglected, or dependent minor
3 under Section 2-18; and
4 (iii) the court finds, on the basis of clear and
5 convincing evidence admitted at the adjudicatory hearing
6 that the parent is an unfit person under subdivision D of
7 Section 1 of the Adoption Act; and
8 (iv) the court determines in accordance with the
9 rules of evidence for dispositional proceedings, that:
10 (A) it is in the best interest of the minor
11 and public that the child be made a ward of the
12 court;
13 (A-5) reasonable efforts under subsection
14 (l-1) of Section 5 of the Children and Family
15 Services Act are inappropriate or such efforts were
16 made and were unsuccessful; and
17 (B) termination of parental rights and
18 appointment of a guardian with power to consent to
19 adoption is in the best interest of the child
20 pursuant to Section 2-29.
21 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
22 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
23 eff. 8-16-97; 90-566, eff. 1-2-98.)
24 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
25 Sec. 2-22. Dispositional hearing; evidence; continuance.
26 (1) At the dispositional hearing, the court shall
27 determine whether it is in the best interests of the minor
28 and the public that he be made a ward of the court, and, if
29 he is to be made a ward of the court, the court shall
30 determine the proper disposition best serving the health,
31 safety and interests of the minor and the public. The court
32 also shall consider the permanency goal set for the minor,
33 the nature of the service plan for the minor and the services
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1 delivered and to be delivered under the plan. All evidence
2 helpful in determining these questions, including oral and
3 written reports, may be admitted and may be relied upon to
4 the extent of its probative value, even though not competent
5 for the purposes of the adjudicatory hearing.
6 (2) Notice in compliance with Supreme Court Rule 11 must
7 be given to all parties-respondent prior to proceeding to a
8 dispositional hearing. Before making an order of disposition
9 the court shall advise the State's Attorney, the parents,
10 guardian, custodian or responsible relative or their counsel
11 of the factual contents and the conclusions of the reports
12 prepared for the use of the court and considered by it, and
13 afford fair opportunity, if requested, to controvert them.
14 The court may order, however, that the documents containing
15 such reports need not be submitted to inspection, or that
16 sources of confidential information need not be disclosed
17 except to the attorneys for the parties. Factual contents,
18 conclusions, documents and sources disclosed by the court
19 under this paragraph shall not be further disclosed without
20 the express approval of the court pursuant to an in camera
21 hearing.
22 (3) A record of a prior continuance under supervision
23 under Section 2-20, whether successfully completed with
24 regard to the child's health, safety and best interest, or
25 not, is admissible at the dispositional hearing.
26 (4) On its own motion or that of the State's Attorney, a
27 parent, guardian, custodian, responsible relative or counsel,
28 the court may adjourn the hearing for a reasonable period to
29 receive reports or other evidence, if the adjournment is
30 consistent with the health, safety and best interests of the
31 minor, but in no event shall continuances be granted so that
32 the dispositional hearing occurs more than 6 months after the
33 initial removal of a minor from his or her home. In
34 scheduling investigations and hearings, the court shall give
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1 priority to proceedings in which a minor has been removed
2 from his or her home before an order of disposition has been
3 made.
4 (5) Unless already set by the court, at the conclusion
5 of the dispositional hearing, the court shall set the date
6 for the first permanency hearing, to be conducted under
7 subsection (2) of Section 2-28 or subsection (c) of Section
8 2-28.01, which shall be held no later than 12 months after
9 the minor is taken into temporary custody or in counties with
10 a population over 3,000,000, no later than 12 months after
11 the minor is taken into temporary custody.
12 (6) When the court declares a child to be a ward of the
13 court and awards guardianship to the Department of Children
14 and Family Services, (a) the court shall admonish the
15 parents, guardian, custodian or responsible relative that the
16 parents must cooperate with the Department of Children and
17 Family Services, comply with the terms of the service plans,
18 and correct the conditions which require the child to be in
19 care, or risk termination of their parental rights; and.
20 (b) the court shall inquire of the parties of any intent to
21 proceed with termination of parental rights of a parent:
22 (A) whose identity still remains unknown;
23 (B) whose whereabouts remain unknown;
24 (C) who was found in default at the adjudicatory
25 hearing and has not obtained an order setting aside the
26 default in accordance with Section 2-1301 of the Code of
27 Civil Procedure.
28 (Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87,
29 eff. 9-1-97; revised 11-12-97.)
30 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
31 Sec. 2-23. Kinds of dispositional orders.
32 (1) The following kinds of orders of disposition may be
33 made in respect of wards of the court:
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1 (a) A minor under 18 years of age found to be
2 neglected or abused under Section 2-3 may be (1)
3 continued in the custody of his or her parents, guardian
4 or legal custodian; (2) placed in accordance with Section
5 2-27; or (3) ordered partially or completely emancipated
6 in accordance with the provisions of the Emancipation of
7 Mature Minors Act.
8 However, in any case in which a minor is found by
9 the court to be neglected or abused under Section 2-3 of
10 this Act, custody of the minor shall not be restored to
11 any parent, guardian or legal custodian found by the
12 court to have caused the neglect or to have inflicted the
13 abuse on the minor, unless it is in the best interests of
14 the minor, until such time as a hearing is held on the
15 issue of the best interests of the minor and the fitness
16 of such parent, guardian or legal custodian to care for
17 the minor without endangering the minor's health or
18 safety, and the court enters an order that such parent,
19 guardian or legal custodian is fit to care for the minor.
20 (b) A minor under 18 years of age found to be
21 dependent under Section 2-4 may be (1) placed in
22 accordance with Section 2-27 or (2) ordered partially or
23 completely emancipated in accordance with the provisions
24 of the Emancipation of Mature Minors Act.
25 However, in any case in which a minor is found by
26 the court to be dependent under Section 2-4 of this Act
27 and the court has made a further finding under paragraph
28 (2) of Section 2-21 that such dependency is caused by a
29 parent, guardian, or legal custodian or the result of
30 physical abuse, custody of the minor shall not be
31 restored to any parent, guardian or legal custodian found
32 by the court to have caused the dependency or inflicted
33 physical abuse on the minor until such time as a hearing
34 is held on the issue of the fitness of such parent,
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1 guardian or legal custodian to care for the minor without
2 endangering the minor's health or safety, and the court
3 enters an order that such parent, guardian or legal
4 custodian is fit to care for the minor.
5 (c) When the court awards guardianship to the
6 Department of Children and Family Services, the court
7 shall order the parents to cooperate with the Department
8 of Children and Family Services, comply with the terms of
9 the service plans, and correct the conditions that
10 require the child to be in care, or risk termination of
11 their parental rights.
12 (d) When the court orders a child restored to the
13 custody of the parent or parents, the court shall order
14 the parent or parents to cooperate with the Department of
15 Children and Family Services and comply with the terms of
16 an after-care plan, or risk the loss of custody of the
17 child and the possible termination of their parental
18 rights.
19 (2) Any order of disposition may provide for protective
20 supervision under Section 2-24 and may include an order of
21 protection under Section 2-25.
22 Unless the order of disposition expressly so provides, it
23 does not operate to close proceedings on the pending
24 petition, but is subject to modification, not inconsistent
25 with Section 2-28 or 2-28.01, whichever is applicable, until
26 final closing and discharge of the proceedings under Section
27 2-31.
28 (3) The court also shall enter any other orders
29 necessary to fulfill the service plan, including, but not
30 limited to, (i) orders requiring parties to cooperate with
31 services, (ii) restraining orders controlling the conduct of
32 any party likely to frustrate the achievement of the goal,
33 and (iii) visiting orders. Unless otherwise specifically
34 authorized by law, the court is not empowered under this
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1 subsection (3) to order specific placements, specific
2 services, or specific service providers to be included in the
3 plan. If the court concludes that the Department of Children
4 and Family Services has abused its discretion in setting the
5 current service plan or permanency goal for the minor, the
6 court shall enter specific findings in writing based on the
7 evidence and shall enter an order for the Department to
8 develop and implement a new permanency goal and service plan
9 consistent with the court's findings. The new service plan
10 shall be filed with the court and served on all parties. The
11 court shall continue the matter until the new service plan is
12 filed.
13 (4) In addition to any other order of disposition, the
14 court may order any minor adjudicated neglected with respect
15 to his or her own injurious behavior to make restitution, in
16 monetary or non-monetary form, under the terms and conditions
17 of Section 5-5-6 of the Unified Code of Corrections, except
18 that the "presentence hearing" referred to therein shall be
19 the dispositional hearing for purposes of this Section. The
20 parent, guardian or legal custodian of the minor may pay some
21 or all of such restitution on the minor's behalf.
22 (5) Any order for disposition where the minor is
23 committed or placed in accordance with Section 2-27 shall
24 provide for the parents or guardian of the estate of such
25 minor to pay to the legal custodian or guardian of the person
26 of the minor such sums as are determined by the custodian or
27 guardian of the person of the minor as necessary for the
28 minor's needs. Such payments may not exceed the maximum
29 amounts provided for by Section 9.1 of the Children and
30 Family Services Act.
31 (6) Whenever the order of disposition requires the minor
32 to attend school or participate in a program of training, the
33 truant officer or designated school official shall regularly
34 report to the court if the minor is a chronic or habitual
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1 truant under Section 26-2a of the School Code.
2 (7) The court may terminate the parental rights of a
3 parent at the initial dispositional hearing if all of the
4 conditions in subsection (5) of Section 2-21 are met.
5 (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95;
6 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised 11-12-97.)
7 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
8 Sec. 2-27. Placement; legal custody or guardianship.
9 (1) If the court determines and puts in writing the
10 factual basis supporting the determination of whether the
11 parents, guardian, or legal custodian of a minor adjudged a
12 ward of the court are unfit or are unable, for some reason
13 other than financial circumstances alone, to care for,
14 protect, train or discipline the minor or are unwilling to do
15 so, and that the health, safety, and best interest of the
16 minor will be jeopardized if the minor remains in the custody
17 of his or her parents, guardian or custodian, the court may
18 at this hearing and at any later point:
19 (a) place the minor in the custody of a suitable
20 relative or other person as legal custodian or guardian;
21 (a-5) with the approval of the Department of
22 Children and Family Services, place the minor in the
23 subsidized guardianship of a suitable relative or other
24 person as legal guardian; "subsidized guardianship" means
25 a private guardianship arrangement for children for whom
26 the permanency goals of return home and adoption have
27 been ruled out and who meet the qualifications for
28 subsidized guardianship as defined by the Department of
29 Children and Family Services in administrative rules;
30 (b) place the minor under the guardianship of a
31 probation officer;
32 (c) commit the minor to an agency for care or
33 placement, except an institution under the authority of
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1 the Department of Corrections or of the Department of
2 Children and Family Services;
3 (d) commit the minor to the Department of Children
4 and Family Services for care and service; however, a
5 minor charged with a criminal offense under the Criminal
6 Code of 1961 or adjudicated delinquent shall not be
7 placed in the custody of or committed to the Department
8 of Children and Family Services by any court, except a
9 minor less than 13 years of age and committed to the
10 Department of Children and Family Services under Section
11 5-23 of this Act. The Department shall be given due
12 notice of the pendency of the action and the Guardianship
13 Administrator of the Department of Children and Family
14 Services shall be appointed guardian of the person of the
15 minor. Whenever the Department seeks to discharge a minor
16 from its care and service, the Guardianship Administrator
17 shall petition the court for an order terminating
18 guardianship. The Guardianship Administrator may
19 designate one or more other officers of the Department,
20 appointed as Department officers by administrative order
21 of the Department Director, authorized to affix the
22 signature of the Guardianship Administrator to documents
23 affecting the guardian-ward relationship of children for
24 whom he or she has been appointed guardian at such times
25 as he or she is unable to perform the duties of his or
26 her office. The signature authorization shall include but
27 not be limited to matters of consent of marriage,
28 enlistment in the armed forces, legal proceedings,
29 adoption, major medical and surgical treatment and
30 application for driver's license. Signature
31 authorizations made pursuant to the provisions of this
32 paragraph shall be filed with the Secretary of State and
33 the Secretary of State shall provide upon payment of the
34 customary fee, certified copies of the authorization to
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1 any court or individual who requests a copy.
2 (1.5) In making a determination under this Section, the
3 court shall also consider whether, based on health, safety,
4 and the best interests of the minor,
5 (a) appropriate services aimed at family
6 preservation and family reunification have been
7 unsuccessful in rectifying the conditions that have led
8 to a finding of unfitness or inability to care for,
9 protect, train, or discipline the minor, or
10 (b) no family preservation or family reunification
11 services would be appropriate,
12 and if the petition or amended petition contained an
13 allegation that the parent is an unfit person as defined in
14 subdivision (D) of Section 1 of the Adoption Act, and the
15 order of adjudication recites that parental unfitness was
16 established by clear and convincing evidence, the court
17 shall, when appropriate and in the best interest of the
18 minor, enter an order terminating parental rights and
19 appointing a guardian with power to consent to adoption in
20 accordance with Section 2-29.
21 When making a placement, the court, wherever possible,
22 shall require the Department of Children and Family Services
23 to select a person holding the same religious belief as that
24 of the minor or a private agency controlled by persons of
25 like religious faith of the minor and shall require the
26 Department to otherwise comply with Section 7 of the Children
27 and Family Services Act in placing the child. In addition,
28 whenever alternative plans for placement are available, the
29 court shall ascertain and consider, to the extent appropriate
30 in the particular case, the views and preferences of the
31 minor.
32 (2) When a minor is placed with a suitable relative or
33 other person pursuant to item (a) of subsection (1), the
34 court shall appoint him or her the legal custodian or
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1 guardian of the person of the minor. When a minor is
2 committed to any agency, the court shall appoint the proper
3 officer or representative thereof as legal custodian or
4 guardian of the person of the minor. Legal custodians and
5 guardians of the person of the minor have the respective
6 rights and duties set forth in subsection (9) of Section 1-3
7 except as otherwise provided by order of court; but no
8 guardian of the person may consent to adoption of the minor
9 unless that authority is conferred upon him or her in
10 accordance with Section 2-29. An agency whose representative
11 is appointed guardian of the person or legal custodian of the
12 minor may place the minor in any child care facility, but the
13 facility must be licensed under the Child Care Act of 1969 or
14 have been approved by the Department of Children and Family
15 Services as meeting the standards established for such
16 licensing. No agency may place a minor adjudicated under
17 Sections 2-3 or 2-4 in a child care facility unless the
18 placement is in compliance with the rules and regulations for
19 placement under this Section promulgated by the Department of
20 Children and Family Services under Section 5 of the Children
21 and Family Services Act. Like authority and restrictions
22 shall be conferred by the court upon any probation officer
23 who has been appointed guardian of the person of a minor.
24 (3) No placement by any probation officer or agency
25 whose representative is appointed guardian of the person or
26 legal custodian of a minor may be made in any out of State
27 child care facility unless it complies with the Interstate
28 Compact on the Placement of Children. Placement with a
29 parent, however, is not subject to that Interstate Compact.
30 (4) The clerk of the court shall issue to the legal
31 custodian or guardian of the person a certified copy of the
32 order of court, as proof of his authority. No other process
33 is necessary as authority for the keeping of the minor.
34 (5) Custody or guardianship granted under this Section
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1 continues until the court otherwise directs, but not after
2 the minor reaches the age of 19 years except as set forth in
3 Section 2-31.
4 (6) (Blank). At the dispositional hearing, the court
5 shall consider whether it is appropriate for a motion to be
6 filed to terminate parental rights and appoint a guardian
7 with power to consent to adoption with regard to 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 Notice to a parent for whom an order of default has been
15 entered on the petition for wardship and has not been set
16 aside shall be provided in accordance with Sections 2-15 and
17 2-16. If a parent's identity or whereabouts are unknown, and
18 a diligent inquiry for such parent has been made at any time
19 within the preceding 12 months, no further inquiry is
20 required to support notice by publication.
21 If the court determines such a motion to be appropriate,
22 it may order the motion to be filed. The court, upon motion,
23 may enter an order terminating parental rights upon
24 appropriate finding and appoint a guardian with power to
25 consent to adoption in accordance with this subsection before
26 or at the first permanency hearing.
27 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff.
28 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
29 8-22-97; revised 11-17-97.)
30 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
31 Sec. 2-28. Court review in counties with a population
32 under 3,000,000.
33 (0.5) This Section applies in counties with a population
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1 under 3,000,000.
2 (1) The court may require any legal custodian or
3 guardian of the person appointed under this Act to report
4 periodically to the court or may cite him into court and
5 require him or his agency, to make a full and accurate report
6 of his or its doings in behalf of the minor. The custodian
7 or guardian, within 10 days after such citation, shall make
8 the report, either in writing verified by affidavit or orally
9 under oath in open court, or otherwise as the court directs.
10 Upon the hearing of the report the court may remove the
11 custodian or guardian and appoint another in his stead or
12 restore the minor to the custody of his parents or former
13 guardian or custodian. However, custody of the minor shall
14 not be restored to any parent, guardian or legal custodian in
15 any case in which the minor is found to be neglected or
16 abused under Section 2-3 or dependent under Section 2-4 of
17 this Act, unless the minor can be cared for at home without
18 endangering the minor's health or safety and it is in the
19 best interests of the minor, and if such neglect or abuse is
20 found by the court under paragraph (2) of Section 2-21 of
21 this Act to be caused by a parent, guardian, or legal
22 custodian or the result of physical abuse inflicted on the
23 minor by such parent, guardian or legal custodian, until such
24 time as an investigation is made as provided in paragraph (5)
25 and a hearing is held on the issue of the fitness of such
26 parent, guardian or legal custodian to care for the minor and
27 the court enters an order that such parent, guardian or legal
28 custodian is fit to care for the minor.
29 (2) In counties under 3,000,000 population, The first
30 permanency hearing hearings shall be conducted by the judge.
31 In counties with a population of 3,000,000 or more, the first
32 permanency hearing shall be conducted by a judge. Subsequent
33 permanency hearings may be heard by a judge or by hearing
34 officers appointed or approved by the court in the manner set
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1 forth in Section 2-28.1 of this Act. The initial hearing
2 shall be held within 12 months from the date temporary
3 custody was taken. Subsequent permanency hearings shall be
4 held every 6 months or more frequently if necessary in the
5 court's determination following the initial permanency
6 hearing, in accordance with the standards set forth in this
7 Section, until the court determines that the plan and goal
8 have been achieved. Once the plan and goal have been
9 achieved, if the minor remains in substitute care, the case
10 shall be reviewed at least every 6 months thereafter, subject
11 to the provisions of this Section, unless the minor is placed
12 in the guardianship of a suitable relative or other person
13 and the court determines that further monitoring by the court
14 does not further the health, safety or best interest of the
15 child and that this is a stable permanent placement. The
16 permanency hearings must occur within the time frames set
17 forth in this subsection and may not be delayed in
18 anticipation of a report from any source on or due to the
19 agency's failure to timely file its written report (this
20 written report means the one required under the next
21 paragraph and does not mean the service plan also referred to
22 in that paragraph).
23 The public agency that is the custodian or guardian of
24 the minor, or another agency responsible for the minor's
25 care, shall ensure that all parties to the permanency
26 hearings are provided a copy of the most recent service plan
27 prepared within the prior 6 months at least 14 days in
28 advance of the hearing. If not contained in the plan, the
29 agency shall also include a report setting forth (i) any
30 special physical, psychological, educational, medical,
31 emotional, or other needs of the minor or his or her family
32 that are relevant to a permanency or placement determination
33 and (ii) for any minor age 16 or over, a written description
34 of the programs and services that will enable the minor to
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1 prepare for independent living. The agency's written report
2 must detail what progress or lack of progress the parent has
3 made in correcting the conditions requiring the child to be
4 in care; whether the child can be returned home without
5 jeopardizing the child's health, safety, and welfare, and if
6 not, what permanency goal is recommended to be in the best
7 interests of the child, and why the other permanency goals
8 are not appropriate. The caseworker must appear and testify
9 at the permanency hearing. If a permanency hearing has not
10 previously been scheduled by the court, the moving party
11 shall move for the setting of a permanency hearing and the
12 entry of an order within the time frames set forth in this
13 subsection.
14 At the permanency hearing, the court shall determine the
15 future status of the child. The court shall set one of the
16 following permanency goals:
17 (A) The minor will be returned home by a specific
18 date within 5 months.
19 (B) The minor will be in short-term care with a
20 continued goal to return home within a period not to
21 exceed one year, where the progress of the parent or
22 parents is substantial giving particular consideration to
23 the age and individual needs of the minor.
24 (B-1) The minor will be in short-term care with a
25 continued goal to return home pending a status hearing.
26 When the court finds that a parent has not made
27 reasonable efforts or reasonable progress to date, the
28 court shall identify what actions the parent and the
29 Department must take in order to justify a finding of
30 reasonable efforts or reasonable progress and shall set a
31 status hearing to be held not earlier than 9 months from
32 the date of adjudication nor later than 11 months from
33 the date of adjudication during which the parent's
34 progress will again be reviewed.
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1 (C) The minor will be in substitute care pending
2 court determination on termination of parental rights.
3 (D) Adoption, provided that parental rights have
4 been terminated or relinquished.
5 (E) The guardianship of the minor will be
6 transferred to an individual or couple on a permanent
7 basis provided that goals (A) through (D) have been ruled
8 out.
9 (F) The minor over age 12 will be in substitute
10 care pending independence.
11 (G) The minor will be in substitute care because he
12 or she cannot be provided for in a home environment due
13 to developmental disabilities or mental illness or
14 because he or she is a danger to self or others, provided
15 that goals (A) through (D) have been ruled out.
16 In selecting any permanency goal, the court shall
17 indicate in writing the reasons the goal was selected and why
18 the preceding goals were ruled out. Where the court has
19 selected a permanency goal other than (A), (B), or (B-1), the
20 Department of Children and Family Services shall not provide
21 further reunification services, but shall provide services
22 consistent with the goal selected.
23 The court shall set a consider the following factors when
24 setting the permanency goal that is in the best interest of
25 the child. The court's determination shall include the
26 following factors:
27 (1) Age of the child.
28 (2) Options available for permanence.
29 (3) Current placement of the child and the intent
30 of the family regarding adoption.
31 (4) Emotional, physical, and mental status or
32 condition of the child.
33 (5) Types of services previously offered and
34 whether or not the services were successful and, if not
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1 successful, the reasons the services failed.
2 (6) Availability of services currently needed and
3 whether the services exist.
4 (7) Status of siblings of the minor.
5 The court shall consider (i) the permanency goal
6 contained in the service plan, (ii) the appropriateness of
7 the services contained in the plan and whether those services
8 have been provided, (iii) whether reasonable efforts have
9 been made by all the parties to the service plan to achieve
10 the goal, and (iv) whether the plan and goal have been
11 achieved. All evidence relevant to determining these
12 questions, including oral and written reports, may be
13 admitted and may be relied on to the extent of their
14 probative value.
15 If the goal has been achieved, the court shall enter
16 orders that are necessary to conform the minor's legal
17 custody and status to those findings.
18 If, after receiving evidence, the court determines that
19 the services contained in the plan are not reasonably
20 calculated to facilitate achievement of the permanency goal,
21 the court shall put in writing the factual basis supporting
22 the determination and enter specific findings based on the
23 evidence. The court also shall enter an order for the
24 Department to develop and implement a new service plan or to
25 implement changes to the current service plan consistent with
26 the court's findings. The new service plan shall be filed
27 with the court and served on all parties within 45 days of
28 the date of the order. The court shall continue the matter
29 until the new service plan is filed. Unless otherwise
30 specifically authorized by law, the court is not empowered
31 under this subsection (2) or under subsection (3) to order
32 specific placements, specific services, or specific service
33 providers to be included in the plan.
34 A guardian or custodian appointed by the court pursuant
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1 to this Act shall file updated case plans with the court
2 every 6 months.
3 Rights of wards of the court under this Act are
4 enforceable against any public agency by complaints for
5 relief by mandamus filed in any proceedings brought under
6 this Act.
7 (3) Following the permanency hearing, the court shall
8 enter a written order that includes the determinations
9 required under subsection (2) of this Section 2-28, and sets
10 forth the following:
11 (a) The future status of the minor, including the
12 permanency goal, and any order necessary to conform the
13 minor's legal custody and status to such determination;
14 or
15 (b) If the permanency goal of the minor cannot be
16 achieved immediately, the specific reasons for continuing
17 the minor in the care of the Department of Children and
18 Family Services or other agency for short term placement,
19 and the following determinations:
20 (i) (Blank).
21 (ii) Whether the services required by the
22 court and by any service plan prepared within the
23 prior 6 months have been provided and (A) if so,
24 whether the services were reasonably calculated to
25 facilitate the achievement of the permanency goal or
26 (B) if not provided, why the services were not
27 provided.
28 (iii) Whether the minor's placement is
29 necessary, and appropriate to the plan and goal,
30 recognizing the right of minors to the least
31 restrictive (most family-like) setting available and
32 in close proximity to the parents' home consistent
33 with the health, safety, best interest and special
34 needs of the minor and, if the minor is placed
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1 out-of-State, whether the out-of-State placement
2 continues to be appropriate and consistent with the
3 health, safety, and best interest of the minor.
4 (iv) (Blank).
5 (v) (Blank).
6 Any order entered pursuant to this subsection (3) shall
7 be immediately appealable as a matter of right under Supreme
8 Court Rule 304(b)(1).
9 (4) The minor or any person interested in the minor may
10 apply to the court for a change in custody of the minor and
11 the appointment of a new custodian or guardian of the person
12 or for the restoration of the minor to the custody of his
13 parents or former guardian or custodian.
14 When return home is not selected as the permanency goal:
15 (a) The Department, the minor, State's Attorney or
16 the current foster parent or relative caregiver seeking
17 private guardianship may file a motion for private
18 guardianship of the minor. Appointment of a guardian
19 under this Section requires approval of the court and the
20 Department of Children and Family Services.
21 (b) The State's Attorney may file a motion to
22 terminate parental rights of any parent who has failed to
23 make reasonable efforts to correct the conditions which
24 led to the removal of the child or reasonable progress
25 toward the return of the child, as defined in subdivision
26 (D)(m) of Section 1 of the Adoption Act or for whom any
27 other unfitness ground for terminating parental rights as
28 defined in subdivision (D) of Section 1 of the Adoption
29 Act exists.
30 Custody of the minor shall not be restored to any parent,
31 guardian or legal custodian in any case in which the minor is
32 found to be neglected or abused under Section 2-3 or
33 dependent under Section 2-4 of this Act, unless the minor can
34 be cared for at home without endangering his or her health or
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1 safety and it is in the best interest of the minor, and if
2 such neglect, or abuse, or dependency is found by the court
3 under paragraph (2) of Section 2-21 of this Act to be caused
4 by the parent, guardian, or legal custodian, or the result of
5 physical abuse inflicted on the minor by such parent,
6 guardian or legal custodian, until such time as an
7 investigation is made as provided in paragraph (4) and a
8 hearing is held on the issue of the health, safety and best
9 interest of the minor and the fitness of such parent,
10 guardian or legal custodian to care for the minor and the
11 court enters an order that such parent, guardian or legal
12 custodian is fit to care for the minor. In the event that
13 the minor has attained 18 years of age and the guardian or
14 custodian petitions the court for an order terminating his
15 guardianship or custody, guardianship or custody shall
16 terminate automatically 30 days after the receipt of the
17 petition unless the court orders otherwise. No legal
18 custodian or guardian of the person may be removed without
19 his consent until given notice and an opportunity to be heard
20 by the court.
21 When the court orders a child restored to the custody of
22 the parent or parents, the court shall order the parent or
23 parents to cooperate with the Department of Children and
24 Family Services and comply with the terms of an after-care
25 plan, or risk the loss of custody of the child and possible
26 termination of their parental rights. The court may also
27 enter an order of protective supervision in accordance with
28 Section 2-24.
29 (5) Whenever a parent, guardian, or legal custodian
30 files a motion for restoration of custody of the minor, and
31 the minor was adjudicated neglected, or abused, or dependent
32 as a result of physical abuse, the court shall cause to be
33 made an investigation as to whether the movant has ever been
34 charged with or convicted of any criminal offense which would
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1 indicate the likelihood of any further physical abuse to the
2 minor. Evidence of such criminal convictions shall be taken
3 into account in determining whether the minor can be cared
4 for at home without endangering his or her health or safety
5 and fitness of the parent, guardian, or legal custodian.
6 (a) Any agency of this State or any subdivision
7 thereof shall co-operate with the agent of the court in
8 providing any information sought in the investigation.
9 (b) The information derived from the investigation
10 and any conclusions or recommendations derived from the
11 information shall be provided to the parent, guardian, or
12 legal custodian seeking restoration of custody prior to
13 the hearing on fitness and the movant shall have an
14 opportunity at the hearing to refute the information or
15 contest its significance.
16 (c) All information obtained from any investigation
17 shall be confidential as provided in Section 1-10 of this
18 Act.
19 (Source: P.A. 89-17, eff. 5-31-95; 89-21, eff. 7-1-95;
20 89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98;
21 90-87, eff. 9-1-97; revised 11-12-97.)
22 (705 ILCS 405/2-28.1)
23 Sec. 2-28.1. Permanency hearings; before hearing
24 officers.
25 (a) The chief judge of the circuit court may appoint
26 hearing officers to conduct the permanency hearings set forth
27 in subsection (2) of Section 2-28 or subsection (c) of
28 Section 2-28.01 of this Act, in accordance with the
29 provisions of this Section. The hearing officers shall be
30 attorneys with at least 3 years experience in child abuse and
31 neglect or permanency planning and in counties with a
32 population of 3,000,000 or more, admitted to practice for at
33 least 7 years. Once trained by the court, hearing officers
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1 shall be authorized to do the following:
2 (1) Conduct a fair and impartial hearing.
3 (2) Summon and compel the attendance of witnesses.
4 (3) Administer the oath or affirmation and take
5 testimony under oath or affirmation.
6 (4) Require the production of evidence relevant to
7 the permanency hearing to be conducted. That evidence
8 may include, but need not be limited to case plans,
9 social histories, medical and psychological evaluations,
10 child placement histories, visitation records, and other
11 documents and writings applicable to those items.
12 (5) Rule on the admissibility of evidence using the
13 standard applied at a dispositional hearing under Section
14 2-22 of this Act.
15 (6) When necessary, cause notices to be issued
16 requiring parties, the public agency that is custodian or
17 guardian of the minor, or another agency responsible for
18 the minor's care to appear either before the hearing
19 officer or in court.
20 (7) Analyze the evidence presented to the hearing
21 officer and prepare written recommended orders, including
22 findings of fact, based on the evidence.
23 (8) Prior to the hearing, conduct any pre-hearings
24 that may be necessary.
25 (9) Conduct in camera interviews with children when
26 requested by a child or the child's guardian ad litem.
27 In counties with a population of 3,000,000 or more, hearing
28 officers shall also be authorized to do the following:
29 (i) (1) (10) Accept specific consents for adoption
30 or surrenders of parental rights from a parent or
31 parents.
32 (ii) (2) (11) Conduct hearings on the progress made
33 toward the permanency goal set for the minor.
34 (iii) (3) (12) Perform other duties as assigned by
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1 the court.
2 (b) The hearing officer shall consider evidence and
3 conduct the permanency hearings as set forth in subsections
4 (2) and (3) of Section 2-28 or subsection (c) of Section
5 2-28.01 of this Act in accordance with the standards set
6 forth therein. The hearing officer shall assure that a
7 verbatim record of the proceedings is made and retained for a
8 period of 12 months or until the next permanency hearing,
9 whichever date is later, and shall direct to the clerk of the
10 court all documents and evidence to be made part of the court
11 file. The hearing officer shall inform the participants of
12 their individual rights and responsibilities. The hearing
13 officer shall identify the issues to be reviewed under
14 subsection (2) of Section 2-28 or subsection (c) of Section
15 2-28.01, consider all relevant facts, and receive or request
16 any additional information necessary to make recommendations
17 to the court.
18 If a party fails to appear at the hearing, the hearing
19 officer may proceed to the permanency hearing with the
20 parties present at the hearing. The hearing officer shall
21 specifically note for the court the absence of any parties.
22 If all parties are present at the permanency hearing, and the
23 parties and the Department are in agreement that the service
24 plan and permanency goal are appropriate or are in agreement
25 that the permanency goal for the child has been achieved, the
26 hearing officer shall prepare a recommended order, including
27 findings of fact, to be submitted to the court, and all
28 parties and the Department shall sign the recommended order
29 at the time of the hearing. The recommended order will then
30 be submitted to the court for its immediate consideration and
31 the entry of an appropriate order.
32 The court may enter an order consistent with the
33 recommended order without further hearing or notice to the
34 parties, may refer the matter to the hearing officer for
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1 further proceedings, or may hold such additional hearings as
2 the court deems necessary. All parties present at the
3 hearing and the Department shall be tendered a copy of the
4 court's order at the conclusion of the hearing.
5 (c) If one or more parties are not present at the
6 permanency hearing, or any party or the Department of
7 Children and Family Services objects to the hearing officer's
8 recommended order, including any findings of fact, the
9 hearing officer shall set the matter for a judicial
10 determination within 30 days of the permanency hearing for
11 the entry of the recommended order or for receipt of the
12 parties' objections. Any objections shall identify the
13 specific findings or recommendations that are contested, the
14 basis for the objections, and the evidence or applicable law
15 supporting the objection. The recommended order and its
16 contents may not be disclosed to anyone other than the
17 parties and the Department or other agency unless otherwise
18 specifically ordered by a judge of the court.
19 Following the receipt of objections consistent with this
20 subsection from any party or the Department of Children and
21 Family Services to the hearing officer's recommended orders,
22 the court shall make a judicial determination of those
23 portions of the order to which objections were made, and
24 shall enter an appropriate order. The court may refuse to
25 review any objections that fail to meet the requirements of
26 this subsection.
27 (d) The following are judicial functions and shall be
28 performed only by a circuit judge or associate judge:
29 (1) Review of the recommended orders of the hearing
30 officer and entry of orders the court deems appropriate.
31 (2) Conduct of judicial hearings on all pre-hearing
32 motions and other matters that require a court order and
33 entry of orders as the court deems appropriate.
34 (3) Conduct of judicial determinations on all
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1 matters in which the parties or the Department of
2 Children and Family Services disagree with the hearing
3 officer's recommended orders under subsection (3).
4 (4) Issuance of rules to show cause, conduct of
5 contempt proceedings, and imposition of appropriate
6 sanctions or relief.
7 (Source: P.A. 89-17, eff. 5-31-95; 90-27, eff. 1-1-98; 90-28,
8 eff. 1-1-98; 90-87, eff. 9-1-97; revised 11-12-97.)
9 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
10 Sec. 2-29. Adoption; appointment of guardian with power
11 to consent.
12 (1) With leave of the court, a minor who is the subject
13 of an abuse, neglect, or dependency petition under this Act
14 may be the subject of a petition for adoption under the
15 Adoption Act.
16 (1.1) The parent or parents of a child in whose interest
17 a petition under Section 2-13 of this Act is pending may, in
18 the manner required by the Adoption Act, (a) surrender him or
19 her for adoption to an agency legally authorized or licensed
20 to place children for adoption, (b) consent to his or her
21 adoption, or (c) consent to his or her adoption by a
22 specified person or persons. Nothing in this Section requires
23 that the parent or parents execute the surrender, consent, or
24 consent to adoption by a specified person in open court.
25 (2) If a petition or motion alleges and the court finds
26 that it is in the best interest of the minor that parental
27 rights be terminated and the petition or motion requests that
28 a guardian of the person be appointed and authorized to
29 consent to the adoption of the minor, the court, with the
30 consent of the parents, if living, or after finding, based
31 upon clear and convincing evidence, that a parent is an unfit
32 person as defined in Section 1 of the Adoption Act, may
33 terminate parental rights and empower the guardian of the
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1 person of the minor, in the order appointing him or her as
2 such guardian, to appear in court where any proceedings for
3 the adoption of the minor may at any time be pending and to
4 consent to the adoption. Such consent is sufficient to
5 authorize the court in the adoption proceedings to enter a
6 proper order or judgment of adoption without further notice
7 to, or consent by, the parents of the minor. An order so
8 empowering the guardian to consent to adoption deprives the
9 parents of the minor of all legal rights as respects the
10 minor and relieves them of all parental responsibility for
11 him or her, and frees the minor from all obligations of
12 maintenance and obedience to his or her natural parents.
13 If the minor is over 14 years of age, the court may, in
14 its discretion, consider the wishes of the minor in
15 determining whether the best interests of the minor would be
16 promoted by the finding of the unfitness of a non-consenting
17 parent.
18 (2.1) Notice to a parent who has appeared or been served
19 with summons personally or by certified mail, and for whom an
20 order of default has been entered on the petition for
21 wardship and has not been set aside shall be provided in
22 accordance with Supreme Court Rule 11. Notice to a parent
23 who was served by publication and for whom an order of
24 default has been entered on the petition for wardship and has
25 not been set aside shall be provided in accordance with
26 Sections 2-15 and 2-16.
27 (3) Parental consent to the order terminating parental
28 rights and authorizing the guardian of the person to consent
29 to adoption of the minor shall be made in open court whenever
30 possible and otherwise must be in writing and signed in the
31 form provided in the Adoption Act, but no names of
32 petitioners for adoption need be included.
33 (4) A finding of the unfitness of a parent must be made
34 in compliance with the Adoption Act, without regard to the
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1 likelihood that the child will be placed for adoption, and be
2 based upon clear and convincing evidence. Provisions of the
3 Adoption Act relating to minor parents and to mentally ill or
4 mentally deficient parents apply to proceedings under this
5 Section and any findings with respect to such parents shall
6 be based upon clear and convincing evidence.
7 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
8 P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97.)
9 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
10 Sec. 2-31. Duration of wardship and discharge of
11 proceedings.
12 (1) All proceedings under this Act in respect of any
13 minor for whom a petition was filed after the effective date
14 of this amendatory Act of 1991 automatically terminate upon
15 his attaining the age of 19 years, except that a court may
16 continue the wardship of a minor until age 21 for good cause
17 when there is satisfactory evidence presented to the court
18 and the court makes written factual findings that the health,
19 safety, and best interest of the minor and the public require
20 the continuation of the wardship.
21 (2) Whenever the court determines, and makes written
22 factual findings, that health, safety, and the best interests
23 of the minor and the public no longer require the wardship of
24 the court, the court shall order the wardship terminated and
25 all proceedings under this Act respecting that minor finally
26 closed and discharged. The court may at the same time
27 continue or terminate any custodianship or guardianship
28 theretofore ordered but the termination must be made in
29 compliance with Section 2-28 or 2-28.01, whichever is
30 applicable.
31 (3) The wardship of the minor and any custodianship or
32 guardianship respecting the minor for whom a petition was
33 filed after the effective date of this amendatory Act of 1991
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1 automatically terminates when he attains the age of 19 years
2 except as set forth in subsection (1) of this Section. The
3 clerk of the court shall at that time record all proceedings
4 under this Act as finally closed and discharged for that
5 reason.
6 (Source: P.A. 90-28, eff. 1-1-98; revised 11-12-97.)
7 (705 ILCS 405/2-28.01 rep.)
8 Section 32. The Juvenile Court Act of 1987 is amended by
9 repealing Section 2-28.01.
10 Section 35. The Mental Health and Developmental
11 Disabilities Confidentiality Act is amended by changing
12 Sections 7.1 and 10 as follows:
13 (740 ILCS 110/7.1)
14 Sec. 7.1. Interagency disclosures.
15 (a) Nothing in this Act shall be construed to prevent
16 the interagency disclosure of the name, social security
17 number, and information concerning services rendered,
18 currently being rendered, or proposed to be rendered
19 regarding a recipient of services. This disclosure may be
20 made only between agencies or departments of the State
21 including, but not limited to: (i) the Department of Human
22 Services, (ii) the Department of Public Aid, (iii) the
23 Department of Public Health, and (iv) the State Board of
24 Education, and (v) the Department of Children and Family
25 Services for the purpose of a diligent search for a missing
26 parent pursuant to Sections 2-15 and 2-16 of the Juvenile
27 Court Act of 1987 if the Department of Children and Family
28 Services has reason to believe the parent is residing in a
29 mental health facility, when one or more agencies or
30 departments of the State have entered into a prior
31 interagency agreement, memorandum of understanding, or
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1 similar agreement to jointly provide or cooperate in the
2 provision of or funding of mental health or developmental
3 disabilities services.
4 The Department of Children and Family Services shall not
5 redisclose the information received under this Section other
6 than for purposes of service provision or as necessary for
7 proceedings under the Juvenile Court Act of 1987.
8 (b) This Section applies to, but is not limited to,
9 interagency disclosures under interagency agreements entered
10 into in compliance with the Early Intervention Services
11 System Act.
12 (c) Information disclosed under this Section shall be
13 for the limited purpose of coordinating State efforts in
14 providing efficient interagency service systems and avoiding
15 duplication of interagency services.
16 (d) Information disclosed under this Section shall be
17 limited to the recipient's name, address, social security
18 number or other individually assigned identifying number, or
19 information generally descriptive of services rendered or to
20 be rendered. The disclosure of individual clinical or
21 treatment records or other confidential information is not
22 authorized by this Section.
23 (Source: P.A. 88-484; 89-507, eff. 7-1-97.)
24 (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
25 (Text of Section WITH the changes made by P.A. 89-7,
26 which has been held unconstitutional)
27 Sec. 10. Disclosure in civil, criminal, and other
28 proceedings.
29 (a) Except as provided herein, in any civil, criminal,
30 administrative, or legislative proceeding, or in any
31 proceeding preliminary thereto, a recipient, and a therapist
32 on behalf and in the interest of a recipient, has the
33 privilege to refuse to disclose and to prevent the disclosure
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1 of the recipient's record or communications.
2 (1) Records and communications may be disclosed in
3 a civil, criminal or administrative proceeding in which
4 the recipient introduces his mental condition or any
5 aspect of his services received for such condition as an
6 element of his claim or defense, if and only to the
7 extent the court in which the proceedings have been
8 brought, or, in the case of an administrative proceeding,
9 the court to which an appeal or other action for review
10 of an administrative determination may be taken, finds,
11 after in camera examination of testimony or other
12 evidence, that it is relevant, probative, not unduly
13 prejudicial or inflammatory, and otherwise clearly
14 admissible; that other satisfactory evidence is
15 demonstrably unsatisfactory as evidence of the facts
16 sought to be established by such evidence; and that
17 disclosure is more important to the interests of
18 substantial justice than protection from injury to the
19 therapist-recipient relationship or to the recipient or
20 other whom disclosure is likely to harm. Except in a
21 criminal proceeding in which the recipient, who is
22 accused in that proceeding, raises the defense of
23 insanity, no record or communication between a therapist
24 and a recipient shall be deemed relevant for purposes of
25 this subsection, except the fact of treatment, the cost
26 of services and the ultimate diagnosis unless the party
27 seeking disclosure of the communication clearly
28 establishes in the trial court a compelling need for its
29 production. However, for purposes of this Act, in any
30 action brought or defended under the Illinois Marriage
31 and Dissolution of Marriage Act, or in any action in
32 which pain and suffering is an element of the claim,
33 mental condition shall not be deemed to be introduced
34 merely by making such claim and shall be deemed to be
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1 introduced only if the recipient or a witness on his
2 behalf first testifies concerning the record or
3 communication.
4 (2) Records or communications may be disclosed in a
5 civil proceeding after the recipient's death when the
6 recipient's physical or mental condition has been
7 introduced as an element of a claim or defense by any
8 party claiming or defending through or as a beneficiary
9 of the recipient, provided the court finds, after in
10 camera examination of the evidence, that it is relevant,
11 probative, and otherwise clearly admissible; that other
12 satisfactory evidence is not available regarding the
13 facts sought to be established by such evidence; and that
14 disclosure is more important to the interests of
15 substantial justice than protection from any injury which
16 disclosure is likely to cause.
17 (3) In the event of a claim made or an action filed
18 by a recipient, or, following the recipient's death, by
19 any party claiming as a beneficiary of the recipient for
20 injury caused in the course of providing services to that
21 recipient, the therapist may testify as to pertinent
22 records or communications in any administrative, judicial
23 or discovery proceeding for the purpose of preparing and
24 presenting a defense against the claim or action.
25 (3.1) A therapist has the right to communicate at
26 any time and in any fashion with his or her own counsel
27 or professional liability insurance carrier, or both,
28 concerning any care or treatment he or she provided, or
29 assisted in providing, to any patient.
30 (3.2) A therapist has the right to communicate at
31 any time and in any fashion with his or her present or
32 former employer, principal, partner, professional
33 corporation, or professional liability insurance carrier,
34 or counsel for any of those entities, concerning any care
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1 or treatment he or she provided, or assisted in
2 providing, to any patient within the scope of his or her
3 employment, affiliation, or other agency with the
4 employer, principal, partner, or professional
5 corporation.
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, except that this provision does not apply to
13 paragraph (3.1) of subsection (a) (regarding consultations
14 between a therapist and his or her own counsel or
15 professional liability insurance carrier) or paragraph (3.2)
16 of subsection (a) (regarding consultations between a
17 therapist and his or her employer, principal, partner,
18 professional corporation, or professional liability insurance
19 carrier, or counsel for any of those entities). When,
20 contrary to the express wish of the recipient, the therapist
21 asserts a privilege on behalf and in the interest of a
22 recipient, the court may require that the therapist, in an in
23 camera hearing, establish that disclosure is not in the best
24 interest of the recipient. The court or agency may prevent
25 disclosure or limit disclosure to the extent that other
26 admissible evidence is sufficient to establish the facts in
27 issue, except that a court may not prevent or limit
28 disclosures between a therapist and his or her own counsel or
29 between a therapist and his or her employer, principal,
30 partner, professional corporation, or professional liability
31 insurance carrier, or counsel for any of those entities. The
32 court or agency may enter such orders as may be necessary in
33 order to protect the confidentiality, privacy, and safety of
34 the recipient or of other persons. Any order to disclose or
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1 to not disclose shall be considered a final order for
2 purposes of appeal and shall be subject to interlocutory
3 appeal.
4 (c) A recipient's records and communications may be
5 disclosed to a duly authorized committee, commission or
6 subcommittee of the General Assembly which possesses subpoena
7 and hearing powers, upon a written request approved by a
8 majority vote of the committee, commission or subcommittee
9 members. The committee, commission or subcommittee may
10 request records only for the purposes of investigating or
11 studying possible violations of recipient rights. The
12 request shall state the purpose for which disclosure is
13 sought.
14 The facility shall notify the recipient, or his guardian,
15 and therapist in writing of any disclosure request under this
16 subsection within 5 business days after such request. Such
17 notification shall also inform the recipient, or guardian,
18 and therapist of their right to object to the disclosure
19 within 10 business days after receipt of the notification and
20 shall include the name, address and telephone number of the
21 committee, commission or subcommittee member or staff person
22 with whom an objection shall be filed. If no objection has
23 been filed within 15 business days after the request for
24 disclosure, the facility shall disclose the records and
25 communications to the committee, commission or subcommittee.
26 If an objection has been filed within 15 business days after
27 the request for disclosure, the facility shall disclose the
28 records and communications only after the committee,
29 commission or subcommittee has permitted the recipient,
30 guardian or therapist to present his objection in person
31 before it and has renewed its request for disclosure by a
32 majority vote of its members.
33 Disclosure under this subsection shall not occur until
34 all personally identifiable data of the recipient and
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1 provider are removed from the records and communications.
2 Disclosure under this subsection shall not occur in any
3 public proceeding.
4 (d) No party to any proceeding described under
5 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
6 of this Section, nor his or her attorney, shall serve a
7 subpoena seeking to obtain access to records or
8 communications under this Act unless the subpoena is
9 accompanied by a written order issued by a judge, authorizing
10 the disclosure of the records or the issuance of the
11 subpoena. No person shall comply with a subpoena for records
12 or communications under this Act, unless the subpoena is
13 accompanied by a written order authorizing the issuance of
14 the subpoena or the disclosure of the records.
15 This amendatory Act of 1995 applies to causes of action
16 filed on or after its effective date.
17 (Source: P.A. 89-7, eff. 3-9-95.)
18 (Text of Section WITHOUT the changes made by P.A. 89-7,
19 which has been held unconstitutional)
20 Sec. 10. (a) Except as provided herein, in any civil,
21 criminal, administrative, or legislative proceeding, or in
22 any proceeding preliminary thereto, a recipient, and a
23 therapist on behalf and in the interest of a recipient, has
24 the privilege to refuse to disclose and to prevent the
25 disclosure of the recipient's record or communications.
26 (1) Records and communications may be disclosed in
27 a civil, criminal or administrative proceeding in which
28 the recipient introduces his mental condition or any
29 aspect of his services received for such condition as an
30 element of his claim or defense, if and only to the
31 extent the court in which the proceedings have been
32 brought, or, in the case of an administrative proceeding,
33 the court to which an appeal or other action for review
34 of an administrative determination may be taken, finds,
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1 after in camera examination of testimony or other
2 evidence, that it is relevant, probative, not unduly
3 prejudicial or inflammatory, and otherwise clearly
4 admissible; that other satisfactory evidence is
5 demonstrably unsatisfactory as evidence of the facts
6 sought to be established by such evidence; and that
7 disclosure is more important to the interests of
8 substantial justice than protection from injury to the
9 therapist-recipient relationship or to the recipient or
10 other whom disclosure is likely to harm. Except in a
11 criminal proceeding in which the recipient, who is
12 accused in that proceeding, raises the defense of
13 insanity, no record or communication between a therapist
14 and a recipient shall be deemed relevant for purposes of
15 this subsection, except the fact of treatment, the cost
16 of services and the ultimate diagnosis unless the party
17 seeking disclosure of the communication clearly
18 establishes in the trial court a compelling need for its
19 production. However, for purposes of this Act, in any
20 action brought or defended under the Illinois Marriage
21 and Dissolution of Marriage Act, or in any action in
22 which pain and suffering is an element of the claim,
23 mental condition shall not be deemed to be introduced
24 merely by making such claim and shall be deemed to be
25 introduced only if the recipient or a witness on his
26 behalf first testifies concerning the record or
27 communication.
28 (2) Records or communications may be disclosed in a
29 civil proceeding after the recipient's death when the
30 recipient's physical or mental condition has been
31 introduced as an element of a claim or defense by any
32 party claiming or defending through or as a beneficiary
33 of the recipient, provided the court finds, after in
34 camera examination of the evidence, that it is relevant,
-84- LRB9010727SMdvam01
1 probative, and otherwise clearly admissible; that other
2 satisfactory evidence is not available regarding the
3 facts sought to be established by such evidence; and that
4 disclosure is more important to the interests of
5 substantial justice than protection from any injury which
6 disclosure is likely to cause.
7 (3) In the event of a claim made or an action filed
8 by a recipient, or, following the recipient's death, by
9 any party claiming as a beneficiary of the recipient for
10 injury caused in the course of providing services to such
11 recipient, the therapist and other persons whose actions
12 are alleged to have been the cause of injury may disclose
13 pertinent records and communications to an attorney or
14 attorneys engaged to render advice about and to provide
15 representation in connection with such matter and to
16 persons working under the supervision of such attorney or
17 attorneys, and may testify as to such records or
18 communication in any administrative, judicial or
19 discovery proceeding for the purpose of preparing and
20 presenting a defense against such claim or action.
21 (4) Records and communications made to or by a
22 therapist in the course of examination ordered by a court
23 for good cause shown may, if otherwise relevant and
24 admissible, be disclosed in a civil, criminal, or
25 administrative proceeding in which the recipient is a
26 party or in appropriate pretrial proceedings, provided
27 such court has found that the recipient has been as
28 adequately and as effectively as possible informed before
29 submitting to such examination that such records and
30 communications would not be considered confidential or
31 privileged. Such records and communications shall be
32 admissible only as to issues involving the recipient's
33 physical or mental condition and only to the extent that
34 these are germane to such proceedings.
-85- LRB9010727SMdvam01
1 (5) Records and communications may be disclosed in
2 a proceeding under the Probate Act of 1975, to determine
3 a recipient's competency or need for guardianship,
4 provided that the disclosure is made only with respect to
5 that issue.
6 (6) Records and communications may be disclosed
7 when such are made during treatment which the recipient
8 is ordered to undergo to render him fit to stand trial on
9 a criminal charge, provided that the disclosure is made
10 only with respect to the issue of fitness to stand trial.
11 (7) Records and communications of the recipient may
12 be disclosed in any civil or administrative proceeding
13 involving the validity of or benefits under a life,
14 accident, health or disability insurance policy or
15 certificate, or Health Care Service Plan Contract,
16 insuring the recipient, but only if and to the extent
17 that the recipient's mental condition, or treatment or
18 services in connection therewith, is a material element
19 of any claim or defense of any party, provided that
20 information sought or disclosed shall not be redisclosed
21 except in connection with the proceeding in which
22 disclosure is made.
23 (8) Records or communications may be disclosed when
24 such are relevant to a matter in issue in any action
25 brought under this Act and proceedings preliminary
26 thereto, provided that any information so disclosed shall
27 not be utilized for any other purpose nor be redisclosed
28 except in connection with such action or preliminary
29 proceedings.
30 (9) Records and communications of the recipient may
31 be disclosed in investigations of and trials for homicide
32 when the disclosure relates directly to the fact or
33 immediate circumstances of the homicide.
34 (10) Records and communications of a deceased
-86- LRB9010727SMdvam01
1 recipient may be disclosed to a coroner conducting a
2 preliminary investigation into the recipient's death
3 under Section 3-3013 of the Counties Code. However,
4 records and communications of the deceased recipient
5 disclosed in an investigation shall be limited solely to
6 the deceased recipient's records and communications
7 relating to the factual circumstances of the incident
8 being investigated in a mental health facility.
9 (11) Records and communications of a recipient
10 shall be disclosed in a proceeding where a petition or
11 motion is filed under the Juvenile Court Act of 1987 and
12 the recipient is named as a parent of a minor who is the
13 subject of a petition for wardship as described in
14 Section 2-3 of that Act or a minor who is the subject of
15 a petition for wardship as described in Section 2-4 of
16 that Act alleging the minor is abused or neglected or the
17 recipient is named as a parent of a child who is the
18 subject of a petition, supplemental petition, or motion
19 to appoint a guardian with the power to consent to
20 adoption under Section 2-29 of the Juvenile Court Act of
21 1987.
22 (b) Before a disclosure is made under subsection (a),
23 any party to the proceeding or any other interested person
24 may request an in camera review of the record or
25 communications to be disclosed. The court or agency
26 conducting the proceeding may hold an in camera review on its
27 own motion. When, contrary to the express wish of the
28 recipient, the therapist asserts a privilege on behalf and in
29 the interest of a recipient, the court may require that the
30 therapist, in an in camera hearing, establish that disclosure
31 is not in the best interest of the recipient. The court or
32 agency may prevent disclosure or limit disclosure to the
33 extent that other admissible evidence is sufficient to
34 establish the facts in issue. The court or agency may enter
-87- LRB9010727SMdvam01
1 such orders as may be necessary in order to protect the
2 confidentiality, privacy, and safety of the recipient or of
3 other persons. Any order to disclose or to not disclose
4 shall be considered a final order for purposes of appeal and
5 shall be subject to interlocutory appeal.
6 (c) A recipient's records and communications may be
7 disclosed to a duly authorized committee, commission or
8 subcommittee of the General Assembly which possesses subpoena
9 and hearing powers, upon a written request approved by a
10 majority vote of the committee, commission or subcommittee
11 members. The committee, commission or subcommittee may
12 request records only for the purposes of investigating or
13 studying possible violations of recipient rights. The
14 request shall state the purpose for which disclosure is
15 sought.
16 The facility shall notify the recipient, or his guardian,
17 and therapist in writing of any disclosure request under this
18 subsection within 5 business days after such request. Such
19 notification shall also inform the recipient, or guardian,
20 and therapist of their right to object to the disclosure
21 within 10 business days after receipt of the notification and
22 shall include the name, address and telephone number of the
23 committee, commission or subcommittee member or staff person
24 with whom an objection shall be filed. If no objection has
25 been filed within 15 business days after the request for
26 disclosure, the facility shall disclose the records and
27 communications to the committee, commission or subcommittee.
28 If an objection has been filed within 15 business days after
29 the request for disclosure, the facility shall disclose the
30 records and communications only after the committee,
31 commission or subcommittee has permitted the recipient,
32 guardian or therapist to present his objection in person
33 before it and has renewed its request for disclosure by a
34 majority vote of its members.
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1 Disclosure under this subsection shall not occur until
2 all personally identifiable data of the recipient and
3 provider are removed from the records and communications.
4 Disclosure under this subsection shall not occur in any
5 public proceeding.
6 (d) No party to any proceeding described under
7 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
8 of this Section, nor his or her attorney, shall serve a
9 subpoena seeking to obtain access to records or
10 communications under this Act unless the subpoena is
11 accompanied by a written order issued by a judge, authorizing
12 the disclosure of the records or the issuance of the
13 subpoena. No person shall comply with a subpoena for records
14 or communications under this Act, unless the subpoena is
15 accompanied by a written order authorizing the issuance of
16 the subpoena or the disclosure of the records.
17 (Source: P.A. 86-1417; 87-124; 87-556; 87-895.)
18 Section 40. The Adoption Act is amended by changing
19 Sections 1 and 10 as follows:
20 (750 ILCS 50/1) (from Ch. 40, par. 1501)
21 Sec. 1. Definitions. When used in this Act, unless the
22 context otherwise requires:
23 A. "Child" means a person under legal age subject to
24 adoption under this Act.
25 B. "Related child" means a child subject to adoption
26 where either or both of the adopting parents stands in any of
27 the following relationships to the child by blood or
28 marriage: parent, grand-parent, brother, sister, step-parent,
29 step-grandparent, step-brother, step-sister, uncle, aunt,
30 great-uncle, great-aunt, or cousin of first degree. A child
31 whose parent has executed a final irrevocable consent to
32 adoption or a final irrevocable surrender for purposes of
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1 adoption, or whose parent has had his or her parental rights
2 terminated, is not a related child to that person, unless the
3 consent is determined to be void or is void pursuant to
4 subsection O of Section 10.
5 C. "Agency" for the purpose of this Act means a public
6 child welfare agency or a licensed child welfare agency.
7 D. "Unfit person" means any person whom the court shall
8 find to be unfit to have a child, without regard to the
9 likelihood that the child will be placed for adoption. The
10 grounds of unfitness are any one or more of the following:
11 (a) Abandonment of the child.
12 (a-1) Abandonment of a newborn infant in a
13 hospital.
14 (a-2) Abandonment of a newborn infant in any
15 setting where the evidence suggests that the parent
16 intended to relinquish his or her parental rights.
17 (b) Failure to maintain a reasonable degree of
18 interest, concern or responsibility as to the child's
19 welfare.
20 (c) Desertion of the child for more than 3 months
21 next preceding the commencement of the Adoption
22 proceeding.
23 (d) Substantial neglect of the child if continuous
24 or repeated.
25 (d-1) Substantial neglect, if continuous or
26 repeated, of any child residing in the household which
27 resulted in the death of that child.
28 (e) Extreme or repeated cruelty to the child.
29 (f) Two or more findings of physical abuse to any
30 children under Section 4-8 of the Juvenile Court Act or
31 Section 2-21 of the Juvenile Court Act of 1987, the most
32 recent of which was determined by the juvenile court
33 hearing the matter to be supported by clear and
34 convincing evidence; a criminal conviction or a finding
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1 of not guilty by reason of insanity resulting from the
2 death of any child by physical child abuse; or a finding
3 of physical child abuse resulting from the death of any
4 child under Section 4-8 of the Juvenile Court Act or
5 Section 2-21 of the Juvenile Court Act of 1987.
6 (g) Failure to protect the child from conditions
7 within his environment injurious to the child's welfare.
8 (h) Other neglect of, or misconduct toward the
9 child; provided that in making a finding of unfitness the
10 court hearing the adoption proceeding shall not be bound
11 by any previous finding, order or judgment affecting or
12 determining the rights of the parents toward the child
13 sought to be adopted in any other proceeding except such
14 proceedings terminating parental rights as shall be had
15 under either this Act, the Juvenile Court Act or the
16 Juvenile Court Act of 1987.
17 (i) Depravity, which includes conviction of any one
18 of the following crimes: (1) first degree murder in
19 violation of paragraph 1 or 2 of subsection (a) of
20 Section 9-1 of the Criminal Code of 1961 or conviction of
21 second degree murder in violation of subsection (a) of
22 Section 9-2 of the Criminal Code of 1961 of a parent of
23 the child to be adopted; (2) a criminal conviction of
24 first degree murder or second degree murder of any child
25 in violation of the Criminal Code of 1961; (3) a criminal
26 conviction of attempt or conspiracy to commit first
27 degree murder or second degree murder of any child in
28 violation of the Criminal Code of 1961; (4) a criminal
29 conviction of solicitation to commit murder of any child,
30 solicitation to commit murder of any child for hire, or
31 solicitation to commit second degree murder of any child
32 in violation of the Criminal Code of 1961; (5) a criminal
33 conviction of accountability for the first or second
34 degree murder of any child in violation of the Criminal
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1 Code of 1961; or (6) a criminal conviction of aggravated
2 criminal sexual assault in violation of Section
3 12-14(b)(1) of the Criminal Code of 1961.
4 There is a rebuttable presumption that a parent is
5 depraved if the parent has been criminally convicted of
6 at least 3 felonies under the laws of this State or any
7 other state, or under federal law, or the criminal laws
8 of any United States territory; and at least one of these
9 convictions took place within 5 years of the filing of
10 the petition or motion seeking termination of parental
11 rights.
12 There is a rebuttable presumption that a parent is
13 depraved if that parent has been criminally convicted of
14 either first or second degree murder of any person as
15 defined in the Criminal Code of 1961 within 10 years of
16 the filing date of the petition or motion to terminate
17 parental rights.
18 (j) Open and notorious adultery or fornication.
19 (j-1) (Blank). Conviction of any one of the
20 following crimes shall create a presumption of unfitness
21 that may be overcome only by clear and convincing
22 evidence: (1) first degree murder in violation of
23 paragraph 1 or 2 of subsection (a) of Section 9-1 of the
24 Criminal Code of 1961 or conviction of second degree
25 murder in violation of subsection (a) of Section 9-2 of
26 the Criminal Code of 1961 of a parent of the child to be
27 adopted; (2) a criminal conviction of first degree murder
28 or second degree murder of any child in violation of the
29 Criminal Code of 1961; (3) a criminal conviction of
30 attempt or conspiracy to commit first degree murder or
31 second degree murder of any child in violation of the
32 Criminal Code of 1961; (4) a criminal conviction of
33 solicitation to commit murder of any child, solicitation
34 to commit murder of any child for hire, or solicitation
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1 to commit second degree murder of any child in violation
2 of the Criminal Code of 1961; (5) a criminal conviction
3 of accountability for the first or second degree murder
4 of any child in violation of the Criminal Code of 1961;
5 or (6) a criminal conviction of aggravated criminal
6 sexual assault in violation of Section 12-14(b)(1) of the
7 Criminal Code of 1961.
8 (k) Habitual drunkenness or addiction to drugs,
9 other than those prescribed by a physician, for at least
10 one year immediately prior to the commencement of the
11 unfitness proceeding.
12 There is a rebuttable presumption that a parent is
13 unfit under this subsection with respect to any child to
14 which that parent gives birth where there is a confirmed
15 test result that at birth the child's blood, urine, or
16 meconium contained any amount of a controlled substance
17 as defined in subsection (f) of Section 102 of the
18 Illinois Controlled Substances Act or metabolites of such
19 substances, the presence of which in the newborn infant
20 was not the result of medical treatment administered to
21 the mother or the newborn infant; and the biological
22 mother of this child is the biological mother of at least
23 one other child who was adjudicated a neglected minor
24 under subsection (c) of Section 2-3 of the Juvenile Court
25 Act of 1987.
26 (l) Failure to demonstrate a reasonable degree of
27 interest, concern or responsibility as to the welfare of
28 a new born child during the first 30 days after its
29 birth.
30 (m) Failure by a parent to make reasonable efforts
31 to correct the conditions that were the basis for the
32 removal of the child from the parent, or to make
33 reasonable progress toward the return of the child to the
34 parent within 9 months after an adjudication of neglected
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1 or abused minor under Section 2-3 of the Juvenile Court
2 Act of 1987 or dependent minor under Section 2-4 of that
3 Act. If a service plan has been established as required
4 under Section 8.2 of the Abused and Neglected Child
5 Reporting Act to correct the conditions that were the
6 basis for the removal of the child from the parent and if
7 those services were available, then, for purposes of this
8 Act, "failure to make reasonable progress toward the
9 return of the child to the parent" includes the parent's
10 failure to substantially fulfill his or her obligations
11 under the service plan and correct the conditions that
12 brought the child into care within 9 months after the
13 adjudication under Section 2-3 or 2-4 of the Juvenile
14 Court Act of 1987.
15 (n) Evidence of intent to forego his or her
16 parental rights, whether or not the child is a ward of
17 the court, (1) as manifested by his or her failure for a
18 period of 12 months: (i) to visit the child, (ii) to
19 communicate with the child or agency, although able to do
20 so and not prevented from doing so by an agency or by
21 court order, or (iii) to maintain contact with or plan
22 for the future of the child, although physically able to
23 do so, or (2) as manifested by the father's failure,
24 where he and the mother of the child were unmarried to
25 each other at the time of the child's birth, (i) to
26 commence legal proceedings to establish his paternity
27 under the Illinois Parentage Act of 1984 or the law of
28 the jurisdiction of the child's birth within 30 days of
29 being informed, pursuant to Section 12a of this Act, that
30 he is the father or the likely father of the child or,
31 after being so informed where the child is not yet born,
32 within 30 days of the child's birth, or (ii) to make a
33 good faith effort to pay a reasonable amount of the
34 expenses related to the birth of the child and to provide
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1 a reasonable amount for the financial support of the
2 child, the court to consider in its determination all
3 relevant circumstances, including the financial condition
4 of both parents; provided that the ground for termination
5 provided in this subparagraph (n)(2)(ii) shall only be
6 available where the petition is brought by the mother or
7 the husband of the mother.
8 Contact or communication by a parent with his or her
9 child that does not demonstrate affection and concern
10 does not constitute reasonable contact and planning under
11 subdivision (n). In the absence of evidence to the
12 contrary, the ability to visit, communicate, maintain
13 contact, pay expenses and plan for the future shall be
14 presumed. The subjective intent of the parent, whether
15 expressed or otherwise, unsupported by evidence of the
16 foregoing parental acts manifesting that intent, shall
17 not preclude a determination that the parent has intended
18 to forego his or her parental rights. In making this
19 determination, the court may consider but shall not
20 require a showing of diligent efforts by an authorized
21 agency to encourage the parent to perform the acts
22 specified in subdivision (n).
23 It shall be an affirmative defense to any allegation
24 under paragraph (2) of this subsection that the father's
25 failure was due to circumstances beyond his control or to
26 impediments created by the mother or any other person
27 having legal custody. Proof of that fact need only be by
28 a preponderance of the evidence.
29 (o) Repeated or continuous failure by the parents,
30 although physically and financially able, to provide the
31 child with adequate food, clothing, or shelter.
32 (p) Inability to discharge parental
33 responsibilities supported by competent evidence from a
34 psychiatrist, licensed clinical social worker, or
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1 clinical psychologist of mental impairment, mental
2 illness or mental retardation as defined in Section 1-116
3 of the Mental Health and Developmental Disabilities Code,
4 or developmental disability as defined in Section 1-106
5 of that Code, and there is sufficient justification to
6 believe that the inability to discharge parental
7 responsibilities shall extend beyond a reasonable time
8 period. However, this subdivision (p) shall not be
9 construed so as to permit a licensed clinical social
10 worker to conduct any medical diagnosis to determine
11 mental illness or mental impairment.
12 (q) The parent has been criminally convicted of
13 aggravated battery, heinous battery, or attempted murder
14 of the child or of a sibling or half-sibling of the
15 child. A finding of physical abuse of the child under
16 Section 4-8 of the Juvenile Court Act or Section 2-21 of
17 the Juvenile Court Act of 1987 and a criminal conviction
18 of aggravated battery of the child.
19 (r) The child is in the temporary custody or
20 guardianship of the Department of Children and Family
21 Services, the parent is incarcerated as a result of
22 criminal conviction at the time the petition or motion
23 for termination of parental rights is filed, prior to
24 incarceration the parent had little or no contact with
25 the child or provided little or no support for the child,
26 and the parent's incarceration will prevent the parent
27 from discharging his or her parental responsibilities for
28 the child for a period in excess of 2 years after the
29 filing of the petition or motion for termination of
30 parental rights.
31 (s) The child is in the temporary custody or
32 guardianship of the Department of Children and Family
33 Services, the parent is incarcerated at the time the
34 petition or motion for termination of parental rights is
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1 filed, the parent has been repeatedly incarcerated as a
2 result of criminal convictions, and the parent's repeated
3 incarceration has prevented the parent from discharging
4 his or her parental responsibilities for the child.
5 (t) (r) A finding that at birth the child's blood,
6 or urine, or meconium contained any amount of a
7 controlled substance as defined in subsection (f) of
8 Section 102 of the Illinois Controlled Substances Act, or
9 a metabolite of a controlled substance, with the
10 exception of controlled substances or metabolites of such
11 substances, the presence of which in the newborn infant
12 was the result of medical treatment administered to the
13 mother or the newborn infant, and that the biological
14 mother of this child is the biological mother of at least
15 one other child who was adjudicated a neglected minor
16 under subsection (c) of Section 2-3 of the Juvenile Court
17 Act of 1987, after which the biological mother had the
18 opportunity to enroll in and participate in a clinically
19 appropriate substance abuse drug counseling, treatment,
20 and rehabilitation program.
21 E. "Parent" means the father or mother of a legitimate
22 or illegitimate child. For the purpose of this Act, a person
23 who has executed a final and irrevocable consent to adoption
24 or a final and irrevocable surrender for purposes of
25 adoption, or whose parental rights have been terminated by a
26 court, is not a parent of the child who was the subject of
27 the consent or surrender, unless the consent is void pursuant
28 to subsection O of Section 10.
29 F. A person is available for adoption when the person
30 is:
31 (a) a child who has been surrendered for adoption
32 to an agency and to whose adoption the agency has
33 thereafter consented;
34 (b) a child to whose adoption a person authorized
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1 by law, other than his parents, has consented, or to
2 whose adoption no consent is required pursuant to Section
3 8 of this Act;
4 (c) a child who is in the custody of persons who
5 intend to adopt him through placement made by his
6 parents;
7 (c-1) a child for whom a parent has signed a
8 specific consent pursuant to subsection O of Section 10;
9 or
10 (d) an adult who meets the conditions set forth in
11 Section 3 of this Act.
12 A person who would otherwise be available for adoption
13 shall not be deemed unavailable for adoption solely by reason
14 of his or her death.
15 G. The singular includes the plural and the plural
16 includes the singular and the "male" includes the "female",
17 as the context of this Act may require.
18 H. "Adoption disruption" occurs when an adoptive
19 placement does not prove successful and it becomes necessary
20 for the child to be removed from placement before the
21 adoption is finalized.
22 I. "Foreign placing agency" is an agency or individual
23 operating in a country or territory outside the United States
24 that is authorized by its country to place children for
25 adoption either directly with families in the United States
26 or through United States based international agencies.
27 J. "Immediate relatives" means the biological parents,
28 the parents of the biological parents and siblings of the
29 biological parents.
30 K. "Intercountry adoption" is a process by which a child
31 from a country other than the United States is adopted.
32 L. "Intercountry Adoption Coordinator" is a staff person
33 of the Department of Children and Family Services appointed
34 by the Director to coordinate the provision of services by
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1 the public and private sector to prospective parents of
2 foreign-born children.
3 M. "Interstate Compact on the Placement of Children" is
4 a law enacted by most states for the purpose of establishing
5 uniform procedures for handling the interstate placement of
6 children in foster homes, adoptive homes, or other child care
7 facilities.
8 N. "Non-Compact state" means a state that has not
9 enacted the Interstate Compact on the Placement of Children.
10 O. "Preadoption requirements" are any conditions
11 established by the laws or regulations of the Federal
12 Government or of each state that must be met prior to the
13 placement of a child in an adoptive home.
14 P. "Abused child" means a child whose parent or
15 immediate family member, or any person responsible for the
16 child's welfare, or any individual residing in the same home
17 as the child, or a paramour of the child's parent:
18 (a) inflicts, causes to be inflicted, or allows to
19 be inflicted upon the child physical injury, by other
20 than accidental means, that causes death, disfigurement,
21 impairment of physical or emotional health, or loss or
22 impairment of any bodily function;
23 (b) creates a substantial risk of physical injury
24 to the child by other than accidental means which would
25 be likely to cause death, disfigurement, impairment of
26 physical or emotional health, or loss or impairment of
27 any bodily function;
28 (c) commits or allows to be committed any sex
29 offense against the child, as sex offenses are defined in
30 the Criminal Code of 1961 and extending those definitions
31 of sex offenses to include children under 18 years of
32 age;
33 (d) commits or allows to be committed an act or
34 acts of torture upon the child; or
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1 (e) inflicts excessive corporal punishment.
2 Q. "Neglected child" means any child whose parent or
3 other person responsible for the child's welfare withholds or
4 denies nourishment or medically indicated treatment including
5 food or care denied solely on the basis of the present or
6 anticipated mental or physical impairment as determined by a
7 physician acting alone or in consultation with other
8 physicians or otherwise does not provide the proper or
9 necessary support, education as required by law, or medical
10 or other remedial care recognized under State law as
11 necessary for a child's well-being, or other care necessary
12 for his or her well-being, including adequate food, clothing
13 and shelter; or who is abandoned by his or her parents or
14 other person responsible for the child's welfare.
15 A child shall not be considered neglected or abused for
16 the sole reason that the child's parent or other person
17 responsible for his or her welfare depends upon spiritual
18 means through prayer alone for the treatment or cure of
19 disease or remedial care as provided under Section 4 of the
20 Abused and Neglected Child Reporting Act.
21 R. "Putative father" means a man who may be a child's
22 father, but who (1) is not married to the child's mother on
23 or before the date that the child was or is to be born and
24 (2) has not established paternity of the child in a court
25 proceeding before the filing of a petition for the adoption
26 of the child. The term includes a male who is less than 18
27 years of age. "Putative father" does not mean a man who is
28 the child's father as a result of criminal sexual abuse or
29 assault as defined under Article 12 of the Criminal Code of
30 1961.
31 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
32 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
33 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
34 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
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1 6-25-97; 90-443, eff. 8-16-97; revised 11-26-97.)
2 (750 ILCS 50/10) (from Ch. 40, par. 1512)
3 Sec. 10. Forms of consent and surrender; execution and
4 acknowledgment thereof.)
5 A. The form of consent required for the adoption of a
6 born child shall be substantially as follows:
7 FINAL AND IRREVOCABLE CONSENT TO ADOPTION
8 I, ...., (relationship, e.g., mother, father, relative,
9 guardian) of ...., a ..male child, state:
10 That such child was born on .... at ....
11 That I reside at ...., County of .... and State of ....
12 That I am of the age of .... years.
13 That I hereby enter my appearance in this proceeding and
14 waive service of summons on me.
15 That I do hereby consent and agree to the adoption of
16 such child.
17 That I wish to and understand that by signing this
18 consent I do irrevocably and permanently give up all custody
19 and other parental rights I have to such child.
20 That I understand such child will be placed for adoption
21 and that I cannot under any circumstances, after signing this
22 document, change my mind and revoke or cancel this consent or
23 obtain or recover custody or any other rights over such
24 child. That I have read and understand the above and I am
25 signing it as my free and voluntary act.
26 Dated this .... day of ...., 19....
27 If under Section 8 the consent of more than one person is
28 required, then each such person shall execute a separate
29 consent.
30 B. The form of consent required for the adoption of an
31 unborn child shall be substantially as follows:
32 CONSENT TO ADOPTION OF UNBORN CHILD
33 I, ...., state:
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1 That I am the father of a child expected to be born on or
2 about .... to .... (name of mother).
3 That I reside at .... County of ...., and State of .....
4 That I am of the age of .... years.
5 That I hereby enter my appearance in such adoption
6 proceeding and waive service of summons on me.
7 That I do hereby consent and agree to the adoption of
8 such child, and that I have not previously executed a consent
9 or surrender with respect to such child.
10 That I wish to and do understand that by signing this
11 consent I do irrevocably and permanently give up all custody
12 and other parental rights I have to such child, except that I
13 have the right to revoke this consent by giving written
14 notice of my revocation not later than 72 hours after the
15 birth of the child.
16 That I understand such child will be placed for adoption
17 and that, except as hereinabove provided, I cannot under any
18 circumstances, after signing this document, change my mind
19 and revoke or cancel this consent or obtain or recover
20 custody or any other rights over such 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 C. The form of surrender to any agency given by a parent
26 of a born child who is to be subsequently placed for adoption
27 shall be substantially as follows and shall contain such
28 other facts and statements as the particular agency shall
29 require.
30 FINAL AND IRREVOCABLE SURRENDER
31 FOR PURPOSES OF ADOPTION
32 I, .... (relationship, e.g., mother, father, relative,
33 guardian) of ...., a ..male child, state:
34 That such child was born on ...., at .....
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1 That I reside at ...., County of ...., and State of .....
2 That I am of the age of .... years.
3 That I do hereby surrender and entrust the entire custody
4 and control of such child to the .... (the "Agency"), a
5 (public) (licensed) child welfare agency with its principal
6 office in the City of ...., County of .... and State of ....,
7 for the purpose of enabling it to care for and supervise the
8 care of such child, to place such child for adoption and to
9 consent to the legal adoption of such child.
10 That I hereby grant to the Agency full power and
11 authority to place such child with any person or persons it
12 may in its sole discretion select to become the adopting
13 parent or parents and to consent to the legal adoption of
14 such child by such person or persons; and to take any and all
15 measures which, in the judgment of the Agency, may be for the
16 best interests of such child, including authorizing medical,
17 surgical and dental care and treatment including inoculation
18 and anaesthesia for such child.
19 That I wish to and understand that by signing this
20 surrender I do irrevocably and permanently give up all
21 custody and other parental rights I have to such child.
22 That I understand I cannot under any circumstances, after
23 signing this surrender, change my mind and revoke or cancel
24 this surrender or obtain or recover custody or any other
25 rights over such child.
26 That I have read and understand the above and I am
27 signing it as my free and voluntary act.
28 Dated this .... day of ...., 19...
29 ........................
30 D. The form of surrender to an agency given by a parent
31 of an unborn child who is to be subsequently placed for
32 adoption shall be substantially as follows and shall contain
33 such other facts and statements as the particular agency
34 shall require.
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1 SURRENDER OF UNBORN CHILD FOR
2 PURPOSES OF ADOPTION
3 I, .... (father), state:
4 That I am the father of a child expected to be born on or
5 about .... to .... (name of mother).
6 That I reside at ...., County of ...., and State of .....
7 That I am of the age of .... years.
8 That I do hereby surrender and entrust the entire custody
9 and control of such child to the .... (the "Agency"), a
10 (public) (licensed) child welfare agency with its principal
11 office in the City of ...., County of .... and State of
12 ...., for the purpose of enabling it to care for and
13 supervise the care of such child, to place such child for
14 adoption and to consent to the legal adoption of such child,
15 and that I have not previously executed a consent or
16 surrender with respect to such child.
17 That I hereby grant to the Agency full power and
18 authority to place such child with any person or persons it
19 may in its sole discretion select to become the adopting
20 parent or parents and to consent to the legal adoption of
21 such child by such person or persons; and to take any and all
22 measures which, in the judgment of the Agency, may be for the
23 best interests of such child, including authorizing medical,
24 surgical and dental care and treatment, including inoculation
25 and anaesthesia for such child.
26 That I wish to and understand that by signing this
27 surrender I do irrevocably and permanently give up all
28 custody and other parental rights I have to such child.
29 That I understand I cannot under any circumstances, after
30 signing this surrender, change my mind and revoke or cancel
31 this surrender or obtain or recover custody or any other
32 rights over such child, except that I have the right to
33 revoke this surrender by giving written notice of my
34 revocation not later than 72 hours after the birth of such
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1 child.
2 That I have read and understand the above and I am
3 signing it as my free and voluntary act.
4 Dated this .... day of ...., 19...
5 ........................
6 E. The form of consent required from the parents for the
7 adoption of an adult, when such adult elects to obtain such
8 consent, shall be substantially as follows:
9 CONSENT
10 I, ...., (father) (mother) of ...., an adult, state:
11 That I reside at ...., County of .... and State of .....
12 That I do hereby consent and agree to the adoption of
13 such adult by .... and .....
14 Dated this .... day of .......... 19
15 F. The form of consent required for the adoption of a
16 child of the age of 14 years or upwards, or of an adult, to
17 be given by such person, shall be substantially as follows:
18 CONSENT
19 I, ...., state:
20 That I reside at ...., County of .... and State of .....
21 That I am of the age of .... years. That I consent and
22 agree to my adoption by .... and .....
23 Dated this .... day of ......., 19...
24 ........................
25 G. The form of consent given by an agency to the
26 adoption by specified persons of a child previously
27 surrendered to it shall set forth that the agency has the
28 authority to execute such consent. The form of consent given
29 by a guardian of the person of a child sought to be adopted,
30 appointed by a court of competent jurisdiction, shall set
31 forth the facts of such appointment and the authority of the
32 guardian to execute such consent.
33 H. A consent (other than that given by an agency, or
34 guardian of the person of the child sought to be adopted
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1 appointed by a court of competent jurisdiction) shall be
2 acknowledged by a parent before the presiding judge of the
3 court in which the petition for adoption has been, or is to
4 be filed or before any other judge or hearing officer
5 designated or subsequently approved by the court, or the
6 circuit clerk if so authorized by the presiding judge or,
7 except as otherwise provided in this Act, before a
8 representative of the Department of Children and Family
9 Services or a licensed child welfare agency, or before social
10 service personnel under the jurisdiction of a court of
11 competent jurisdiction, or before social service personnel of
12 the Cook County Department of Supportive Services designated
13 by the presiding judge.
14 I. A surrender, or any other document equivalent to a
15 surrender, by which a child is surrendered to an agency shall
16 be acknowledged by the person signing such surrender, or
17 other document, before a judge or hearing officer or the
18 clerk of any court of record, either in this State or any
19 other state of the United States, or before a representative
20 of an agency or before any other person designated or
21 approved by the presiding judge of the court in which the
22 petition for adoption has been, or is to be, filed.
23 J. The form of the certificate of acknowledgment for a
24 consent, a surrender, or any other document equivalent to a
25 surrender, shall be substantially as follows:
26 STATE OF ....)
27 ) SS.
28 COUNTY OF ...)
29 I, .... (Name of judge or other person), .... (official
30 title, name and location of court or status or position of
31 other person), certify that ...., personally known to me to
32 be the same person whose name is subscribed to the foregoing
33 (consent) (surrender), appeared before me this day in person
34 and acknowledged that (she) (he) signed and delivered such
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1 (consent) (surrender) as (her) (his) free and voluntary act,
2 for the specified purpose.
3 I have fully explained that by signing such (consent)
4 (surrender) (she) (he) is irrevocably relinquishing all
5 parental rights to such child or adult and (she) (he) has
6 stated that such is (her) (his) intention and desire.
7 Dated 19
8 Signature
9 K. When the execution of a consent or a surrender is
10 acknowledged before someone other than a judge or the clerk
11 of a court of record, such other person shall have his
12 signature on the certificate acknowledged before a notary
13 public, in form substantially as follows:
14 STATE OF ....)
15 ) SS.
16 COUNTY OF ...)
17 I, a Notary Public, in and for the County of ......, in
18 the State of ......, certify that ...., personally known to
19 me to be the same person whose name is subscribed to the
20 foregoing certificate of acknowledgment, appeared before me
21 in person and acknowledged that (she) (he) signed such
22 certificate as (her) (his) free and voluntary act and that
23 the statements made in the certificate are true.
24 Dated ......... 19...
25 Signature ...................... Notary Public
26 (official seal)
27 There shall be attached a certificate of magistracy, or
28 other comparable proof of office of the notary public
29 satisfactory to the court, to a consent signed and
30 acknowledged in another state.
31 L. A surrender or consent executed and acknowledged
32 outside of this State, either in accordance with the law of
33 this State or in accordance with the law of the place where
34 executed, is valid.
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1 M. Where a consent or a surrender is signed in a foreign
2 country, the execution of such consent shall be acknowledged
3 or affirmed in a manner conformable to the law and procedure
4 of such country.
5 N. If the person signing a consent or surrender is in
6 the military service of the United States, the execution of
7 such consent or surrender may be acknowledged before a
8 commissioned officer and the signature of such officer on
9 such certificate shall be verified or acknowledged before a
10 notary public or by such other procedure as is then in effect
11 for such division or branch of the armed forces.
12 O. (1) The parent or parents of a child in whose
13 interests a petition under Section 2-13 of the Juvenile Court
14 Act of 1987 is pending may, with the approval of the
15 designated representative of the Department of Children and
16 Family Services, execute a consent to adoption by a specified
17 person or persons:
18 (a) in whose physical custody the child has resided
19 for at least one year; or
20 (b) in whose physical custody at least one sibling
21 of the child who is the subject of this consent has
22 resided for at least one year, and the child who is the
23 subject of this consent is currently residing in this
24 foster home; or
25 (c) in whose physical custody a child under one
26 year of age has resided for at least 3 months.
27 A consent under this subsection O shall be acknowledged by a
28 parent pursuant to subsection H and subsection K of this
29 Section.
30 (2) The consent to adoption by a specified person or
31 persons shall have the caption of the proceeding in which it
32 is to be filed and shall be substantially as follows:
33 FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
34 A SPECIFIED PERSON OR PERSONS
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1 I, ......................................, the
2 .................. (mother or father) of a ....male child,
3 state:
4 1. My child ............................ (name of
5 child) was born on (date) ............, ...... at
6 .................... Hospital in ................ County,
7 State of .............. .
8 2. I reside at ......................, County of
9 ............. and State of ............. .
10 3. I, ..........................., am .... years
11 old.
12 4. I enter my appearance in this action to adopt my
13 child by the person or persons specified herein by me and
14 waive service of summons on me in this action only.
15 5. I consent to the adoption of my child by
16 ............................. (specified person or
17 persons) only.
18 6. I wish to sign this consent and I understand
19 that by signing this consent I irrevocably and
20 permanently give up all parental rights I have to my
21 child if my child is adopted by
22 ............................. (specified person or
23 persons).
24 7. I understand my child will be adopted by
25 ............................. (specified person or
26 persons) only and that I cannot under any circumstances,
27 after signing this document, change my mind and revoke or
28 cancel this consent or obtain or recover custody or any
29 other rights over my child if
30 ............................ (specified person or
31 persons) adopt my child.
32 8. I understand that this consent to adoption is
33 valid only if the petition to adopt is filed within one
34 year from the date that I sign it and that if
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1 ....................... (specified person or persons),
2 for any reason, cannot or will not file a petition to
3 adopt my child within that one year period or if their
4 adoption petition is denied, then this consent will be
5 void. I have the right to notice of any other proceeding
6 that could affect my parental rights, except for the
7 proceeding for ............. (specified person or
8 persons) to adopt my child.
9 9. I have read and understand the above and I am
10 signing it as my free and voluntary act.
11 Dated this ..... day of ....., .......
12 .............................................
13 Signature of parent
14 (3) If the parent consents to an adoption by 2 specified
15 persons, then the form shall contain 2 additional paragraphs
16 in substantially the following form:
17 10. If ............... (specified persons) get a
18 divorce before the petition to adopt my child is granted,
19 then .......... (specified person) shall adopt my child.
20 I understand that I cannot change my mind and revoke this
21 consent or obtain or recover custody over my child if
22 ............. (specified persons) divorce and
23 ............. (specified person) adopts my child. I
24 understand that I cannot change my mind and revoke this
25 consent or obtain or recover custody over my child if
26 ................. (specified persons) divorce after the
27 adoption is final. I understand that this consent to
28 adoption has no effect on who will get custody of my
29 child if they divorce after the adoption is final.
30 11. I understand that if either ...............
31 (specified persons) dies before the petition to adopt my
32 child is granted, then the surviving person can adopt my
33 child. I understand that I cannot change my mind and
34 revoke this consent or obtain or recover custody over my
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1 child if the surviving person adopts my child.
2 A consent to adoption by specified persons on this form
3 shall have no effect on a court's determination of custody or
4 visitation under the Illinois Marriage and Dissolution of
5 Marriage Act if the marriage of the specified persons is
6 dissolved after the adoption is final.
7 (4) The form of the certificate of acknowledgement for a
8 Final and Irrevocable Consent for Adoption by a Specified
9 Person or Persons shall be substantially as follows:
10 STATE OF..............)
11 ) SS.
12 COUNTY OF.............)
13 I, .................... (Name of Judge or other person),
14 ..................... (official title, name, and address),
15 certify that ............., personally known to me to be the
16 same person whose name is subscribed to the foregoing Final
17 and Irrevocable Consent for Adoption by a Specified Person or
18 Persons, appeared before me this day in person and
19 acknowledged that (she)(he) signed and delivered the consent
20 as (her)(his) free and voluntary act, for the specified
21 purpose.
22 I have fully explained that this consent to adoption is
23 valid only if the petition to adopt is filed within one year
24 from the date that it is signed, and that if the specified
25 person or persons, for any reason, cannot or will not adopt
26 the child or if the adoption petition is denied, then this
27 consent will be void. I have fully explained that if the
28 specified person or persons adopt the child, by signing this
29 consent (she)(he) is irrevocably and permanently
30 relinquishing all parental rights to the child, and (she)(he)
31 has stated that such is (her)(his) intention and desire.
32 Dated ............., ........
33 ...............................
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1 Signature
2 (5) If a consent to adoption by a specified person or
3 persons is executed in this form, the following provisions
4 shall apply. The consent shall be valid only if that
5 specified person or persons adopt the child. The consent
6 shall be void if:
7 (a) the specified person or persons do not file a
8 petition to adopt the child within one year after the
9 consent is signed; or
10 (b) a court denies the adoption petition; or
11 (c) the Department of Children and Family Services
12 Guardianship Administrator determines that the specified
13 person or persons will not or cannot complete the
14 adoption, or in the best interests of the child should
15 not adopt the child.
16 Within 30 days of the consent becoming void, the
17 Department of Children and Family Services Guardianship
18 Administrator shall make good faith attempts to notify the
19 parent in writing and shall give written notice to the court
20 and all additional parties in writing that the adoption has
21 not occurred or will not occur and that the consent is void.
22 If the adoption by a specified person or persons does not
23 occur, no proceeding for termination of parental rights shall
24 be brought unless the biological parent who executed the
25 consent to adoption by a specified person or persons has been
26 notified of the proceeding pursuant to Section 7 of this Act
27 or subsection (4) of Section 2-13 of the Juvenile Court Act
28 of 1987. The parent shall not need to take further action to
29 revoke the consent if the specified adoption does not occur,
30 notwithstanding the provisions of Section 11 of this Act.
31 (6) The Department of Children and Family Services is
32 authorized to promulgate rules necessary to implement this
33 subsection O.
34 (7) The Department shall collect and maintain data
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1 concerning the efficacy of specific consents. This data
2 shall include the number of specific consents executed and
3 their outcomes, including but not limited to the number of
4 children adopted pursuant to the consents, the number of
5 children for whom adoptions are not completed, and the reason
6 or reasons why the adoptions are not completed.
7 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
8 P.A. 90-443); revised 12-18-97.)".