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90_HB3699
705 ILCS 405/1-2 from Ch. 37, par. 801-2
Amends the Juvenile Court Act of 1987. Makes stylistic
changes to the purpose and policy Section of the Act.
LRB9010727RCpc
LRB9010727RCpc
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 1-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 1-2 as follows:
7 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
8 Sec. 1-2. Purpose and policy.
9 (1) The purpose of this Act is to secure for each minor
10 subject to the Act hereto such care and guidance, preferably
11 in his or her own home, as will serve the safety and moral,
12 emotional, mental, and physical welfare of the minor and the
13 best interests of the community; to preserve and strengthen
14 the minor's family ties whenever possible, removing him or
15 her from the custody of his or her parents only when his or
16 her safety or welfare or the protection of the public cannot
17 be adequately safeguarded without removal; if the child is
18 removed from the custody of his or her parent, the Department
19 of Children and Family Services immediately shall consider
20 concurrent planning, as described in Section 5 of the
21 Children and Family Services Act so that permanency may occur
22 at the earliest opportunity; consideration should be given so
23 that if reunification fails or is delayed, the placement made
24 is the best available placement to provide permanency for the
25 child; and, when the minor is removed from his or her own
26 family, to secure for him or her custody, care and discipline
27 as nearly as possible equivalent to that which should be
28 given by his or her parents, and in cases where it should and
29 can properly be done to place the minor in a family home so
30 that he or she may become a member of the family by legal
31 adoption or otherwise. Provided that a ground for unfitness
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1 under the Adoption Act can be met, it may be appropriate to
2 expedite termination of parental rights:
3 (a) when reasonable efforts are inappropriate, or
4 have been provided and were unsuccessful, and there are
5 aggravating circumstances including, but not limited to,
6 those cases in which (i) a child or a sibling of the
7 child was (A) abandoned, (B) tortured, or (C) chronically
8 abused or (ii) the parent is criminally convicted of (A)
9 first degree murder or second degree murder of any child,
10 (B) attempt or conspiracy to commit first degree murder
11 or second degree murder of any child, (C) solicitation to
12 commit murder, solicitation to commit murder for hire, or
13 solicitation to commit second degree murder of any child,
14 or accountability for the first or second degree murder
15 of any child, or (D) aggravated criminal sexual assault
16 in violation of Section 12-14(b)(1) of the Criminal Code
17 of 1961; or
18 (b) when the parental rights of a parent with
19 respect to a sibling of the child have been involuntarily
20 terminated; or
21 (c) in those extreme cases in which the parent's
22 incapacity to care for the child, combined with an
23 extremely poor prognosis for treatment or rehabilitation,
24 justifies expedited termination of parental rights.
25 (2) In all proceedings under this Act the court may
26 direct the course thereof so as promptly to ascertain the
27 jurisdictional facts and fully to gather information bearing
28 upon the current condition and future welfare of persons
29 subject to this Act. This Act shall be administered in a
30 spirit of humane concern, not only for the rights of the
31 parties, but also for the fears and the limits of
32 understanding of all who appear before the court.
33 (3) In all procedures under this Act, the following
34 shall apply:
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1 (a) The procedural rights assured to the minor
2 shall be the rights of adults unless specifically
3 precluded by laws which enhance the protection of such
4 minors.
5 (b) Every child has a right to services necessary
6 to his or her safety and proper development, including
7 health, education and social services.
8 (c) The parents' right to the custody of their
9 child shall not prevail when the court determines that it
10 is contrary to the health, safety, and best interests of
11 the child.
12 (4) This Act shall be liberally construed to carry out
13 the foregoing purpose and policy.
14 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
15 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
16 eff. 8-16-97.)