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| [ Senate Amendment 001 ] |
90_SB1099ham002
LRB9003541RCksam05
1 AMENDMENT TO SENATE BILL 1099
2 AMENDMENT NO. . Amend Senate Bill 1099 on page 28,
3 line 7, by inserting after the period the following:
4 "The initial hearing shall be held within 12 months from the
5 date temporary custody was taken."; and
6 on page 28, line 19, by inserting after the period the
7 following:
8 "The permanency hearings must occur within the time frames
9 set forth in this subsection and may not be delayed in
10 anticipation of a report from any source, or due to the
11 agency's failure to timely file its written report (this
12 written report means the one required under the next
13 paragraph and does not mean the service plan also referred to
14 in that paragraph)."; and
15 on page 29, by replacing lines 5 through 18 with the
16 following:
17 "determine the future status of the child. The court shall
18 set one of the following permanency goals:
19 (A) The minor will be returned home by a specific
20 date within 5 months.
21 (B) (1) The minor will be in short-term care with a
22 continued goal to return home within a period not to
23 exceed one year, when the progress of the parent or
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1 parents is substantial giving particular consideration to
2 the age and individual needs of the minor, or
3 (2) if the permanency hearing is held less
4 than 9 months after adjudication and the court finds
5 that the parent or parents have not made substantial
6 progress the court may:
7 (i) make a finding regarding reasonable
8 progress or efforts at that point;
9 (ii) when appropriate identify what
10 actions the parent or the Department of
11 Children and Family Services must take in order
12 to justify a finding of reasonable efforts and
13 reasonable progress; and
14 (iii) enter an order continuing the
15 permanency hearing to a date not earlier than 9
16 months from the date of the adjudication nor
17 later than 11 months from the date of the
18 adjudication.
19 (C) The minor will be in substitute care pending
20 court determination on termination of parental rights.
21 (D) Adoption, provided that parental rights have
22 been terminated or relinquished.
23 (E) The guardianship of the minor will be
24 transferred to an individual or couple on a permanent
25 basis provided that goals (A) through (D) have been ruled
26 out.
27 (F) The minor over age 12 will be in substitute
28 care pending independence.
29 (G) The minor will be in substitute care because he
30 or she cannot be provided for in a home environment due
31 to developmental disabilities or mental illness or
32 because he or she is a danger to self or others, provided
33 that goals (A) through (D) have been ruled out.
34 In selecting any permanency goal, the court shall
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1 indicate in writing the reasons the goal was selected and why
2 the preceding goals were ruled out. If the court has selected
3 a permanency goal other than (A) or (B) the Department of
4 Children and Family Services shall not provide further
5 reunification services, but shall provide services consistent
6 with the goal selected.
7 The court shall consider the following factors when
8 setting the permanency goal:
9 (i) Age of the child.
10 (ii) Options available for permanence.
11 (iii) Current placement of the child and the intent
12 of the family regarding adoption.
13 (iv) Emotional, physical, and mental status or
14 condition of the child.
15 (v) Types of services previously offered and
16 whether or not the services were successful and, if not
17 successful, the reasons the services failed.
18 (vi) Availability of services currently needed and
19 whether the services exist.
20 (vii) Status of siblings of the minor.
21 (3) The court shall consider (i) the permanency goal
22 contained in the case plan, (ii) the"; and
23 on page 30, line 3, by inserting after "plan" the following:
24 "or to implement changes to the current service plan"; and
25 on page 30, lines 14 and 15, by deleting "until the
26 permanency goal set by the court has been achieved"; and
27 on page 32, line 18, by changing "co-operate" to "cooperate";
28 and
29 on page 33, line 24, by changing "Cause" to "When necessary,
30 cause"; and
31 on page 34, line 16, by changing "preserve" to "direct to the
32 clerk of the court preserve"; and
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1 on page 34, line 17, by inserting after "record" the
2 following:
3 "to be made part of the court file"; and
4 on page 35, by replacing lines 21 through 25 with the
5 following:
6 "supporting the objection. The hearing officer shall mail a
7 copy of the recommended order to any non-attending parties,
8 together with a notice of the date and place of the judicial
9 determination and the right of the parties to present at that
10 time objections consistent with this subsection. The"; and
11 on page 36, by replacing lines 19 and 20 with the following:
12 "Section 99. Effective date. This Act takes effect
13 September 1, 1997.".