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90_SB1099sam001
LRB9003541NTsbam01
1 AMENDMENT TO SENATE BILL 1099
2 AMENDMENT NO. . Amend Senate Bill 1099 by replacing
3 the title with the following:
4 "AN ACT concerning juveniles, amending a named Act."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Juvenile Court Act of 1987 is amended by
8 changing Sections 1-3, 1-8, 2-10, 2-22, 2-28, and 2-28.1 and
9 adding Section 2-28.01 as follows:
10 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
11 Sec. 1-3. Definitions. Terms used in this Act, unless
12 the context otherwise requires, have the following meanings
13 ascribed to them:
14 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
15 hearing to determine whether the allegations of a petition
16 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
17 of age is abused, neglected or dependent, or requires
18 authoritative intervention, or addicted, respectively, are
19 supported by a preponderance of the evidence or whether the
20 allegations of a petition under Section 5-13 that a minor is
21 delinquent are proved beyond a reasonable doubt.
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1 (2) Adult. "Adult" means a person 21 years of age or
2 older.
3 (3) Agency. "Agency" means a public or private child
4 care facility legally authorized or licensed by this State
5 for placement or institutional care or for both placement and
6 institutional care.
7 (4) Association. "Association" means any organization,
8 public or private, engaged in welfare functions which include
9 services to or on behalf of children but does not include
10 "agency" as herein defined.
11 (4.1) Chronic truant. "Chronic truant" shall have the
12 definition ascribed to it in Section 26-2a of The School
13 Code.
14 (5) Court. "Court" means the circuit court in a session
15 or division assigned to hear proceedings under this Act.
16 (6) Dispositional hearing. "Dispositional hearing" means
17 a hearing to determine whether a minor should be adjudged to
18 be a ward of the court, and to determine what order of
19 disposition should be made in respect to a minor adjudged to
20 be a ward of the court.
21 (7) Emancipated minor. "Emancipated minor" means any
22 minor 16 years of age or over who has been completely or
23 partially emancipated under the "Emancipation of Mature
24 Minors Act", enacted by the Eighty-First General Assembly, or
25 under this Act.
26 (8) Guardianship of the person. "Guardianship of the
27 person" of a minor means the duty and authority to act in the
28 best interests of the minor, subject to residual parental
29 rights and responsibilities, to make important decisions in
30 matters having a permanent effect on the life and development
31 of the minor and to be concerned with his or her general
32 welfare. It includes but is not necessarily limited to:
33 (a) the authority to consent to marriage, to
34 enlistment in the armed forces of the United States, or
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1 to a major medical, psychiatric, and surgical treatment;
2 to represent the minor in legal actions; and to make
3 other decisions of substantial legal significance
4 concerning the minor;
5 (b) the authority and duty of reasonable
6 visitation, except to the extent that these have been
7 limited in the best interests of the minor by court
8 order;
9 (c) the rights and responsibilities of legal
10 custody except where legal custody has been vested in
11 another person or agency; and
12 (d) the power to consent to the adoption of the
13 minor, but only if expressly conferred on the guardian in
14 accordance with Section 2-29, 3-30, 4-27 or 5-31.
15 (9) Legal custody. "Legal custody" means the
16 relationship created by an order of court in the best
17 interests of the minor which imposes on the custodian the
18 responsibility of physical possession of a minor and the duty
19 to protect, train and discipline him and to provide him with
20 food, shelter, education and ordinary medical care, except as
21 these are limited by residual parental rights and
22 responsibilities and the rights and responsibilities of the
23 guardian of the person, if any.
24 (10) Minor. "Minor" means a person under the age of 21
25 years subject to this Act.
26 (11) Parents. "Parent" means the father or mother of a
27 child and includes any adoptive parent. It also includes the
28 father whose paternity is presumed or has been established
29 under the law of this or another jurisdiction. It does not
30 include a parent whose rights in respect to the minor have
31 been terminated in any manner provided by law.
32 (11.1) "Permanency goal" means a goal set by a service
33 plan or an administrative case review or in counties with a
34 population of 3,000,000 or more, a goal ordered by a judge,
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1 including, but not limited to, (i) remaining home, (ii)
2 returning home to a specified parent or guardian, (iii)
3 adoption, (iv) successor guardianship, (v) long-term relative
4 foster care, (vi) other long-term substitute care, when no
5 other goal is appropriate, or (vii) emancipation.
6 (11.2) "Permanency review hearing" means a hearing to
7 review and determine (i) the appropriateness of the
8 permanency goal in light of the permanency alternatives, (ii)
9 the appropriateness of the plan to achieve the goal, (iii)
10 the appropriateness of the services delivered and to be
11 delivered to effectuate the plan and goal, and (iv) the
12 efforts being made by all the parties to achieve the plan and
13 goal.
14 (12) Petition. "Petition" means the petition provided
15 for in Section 2-13, 3-15, 4-12 or 5-13, including any
16 supplemental petitions thereunder.
17 (13) Residual parental rights and responsibilities.
18 "Residual parental rights and responsibilities" means those
19 rights and responsibilities remaining with the parent after
20 the transfer of legal custody or guardianship of the person,
21 including, but not necessarily limited to, the right to
22 reasonable visitation (which may be limited by the court in
23 the best interests of the minor as provided in subsection
24 (8)(b) of this Section), the right to consent to adoption,
25 the right to determine the minor's religious affiliation, and
26 the responsibility for his support.
27 (14) Shelter. "Shelter" means the temporary care of a
28 minor in physically unrestricting facilities pending court
29 disposition or execution of court order for placement.
30 (15) Station adjustment. "Station adjustment" means the
31 informal handling of an alleged offender by a juvenile police
32 officer.
33 (16) Ward of the court. "Ward of the court" means a
34 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
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1 5-22, after a finding of the requisite jurisdictional facts,
2 and thus is subject to the dispositional powers of the court
3 under this Act.
4 (17) Juvenile police officer. "Juvenile police officer"
5 means a sworn police officer who has completed a Basic
6 Recruit Training Course, has been assigned to the position of
7 juvenile police officer by his or her chief law enforcement
8 officer and has completed the necessary juvenile officers
9 training as prescribed by the Illinois Law Enforcement
10 Training Standards Board, or in the case of a State police
11 officer, juvenile officer training approved by the Director
12 of the Department of State Police.
13 (Source: P.A. 88-7, Sec. 5; 88-7, Sec. 15; 88-487; 88-586,
14 eff. 8-12-94; 88-670, eff. 12-2-94.)
15 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
16 Sec. 1-8. Confidentiality and accessibility of juvenile
17 court records.
18 (A) Inspection and copying of juvenile court records
19 relating to a minor who is the subject of a proceeding under
20 this Act shall be restricted to the following:
21 (1) The minor who is the subject of record, his
22 parents, guardian and counsel.
23 (2) Law enforcement officers and law enforcement
24 agencies when such information is essential to executing
25 an arrest or search warrant or other compulsory process,
26 or to conducting an ongoing investigation or relating to
27 a minor who has been adjudicated delinquent and there has
28 been a previous finding that the act which constitutes
29 the previous offense was committed in furtherance of
30 criminal activities by a criminal street gang.
31 Before July 1, 1994, for the purposes of this
32 Section, "criminal street gang" means any ongoing
33 organization, association, or group of 3 or more persons,
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1 whether formal or informal, having as one of its primary
2 activities the commission of one or more criminal acts
3 and that has a common name or common identifying sign,
4 symbol or specific color apparel displayed, and whose
5 members individually or collectively engage in or have
6 engaged in a pattern of criminal activity.
7 Beginning July 1, 1994, for purposes of this
8 Section, "criminal street gang" has the meaning ascribed
9 to it in Section 10 of the Illinois Streetgang Terrorism
10 Omnibus Prevention Act.
11 (3) Judges, hearing officers, prosecutors,
12 probation officers, social workers or other individuals
13 assigned by the court to conduct a pre-adjudication or
14 predisposition investigation, and individuals responsible
15 for supervising or providing temporary or permanent care
16 and custody for minors pursuant to the order of the
17 juvenile court when essential to performing their
18 responsibilities.
19 (4) Judges, prosecutors and probation officers:
20 (a) in the course of a trial when institution
21 of criminal proceedings has been permitted under
22 Section 5-4 or required under Section 5-4; or
23 (b) when criminal proceedings have been
24 permitted under Section 5-4 or required under
25 Section 5-4 and a minor is the subject of a
26 proceeding to determine the amount of bail; or
27 (c) when criminal proceedings have been
28 permitted under Section 5-4 or required under
29 Section 5-4 and a minor is the subject of a
30 pre-trial investigation, pre-sentence investigation
31 or fitness hearing, or proceedings on an application
32 for probation; or
33 (d) when a minor becomes 17 years of age or
34 older, and is the subject of criminal proceedings,
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1 including a hearing to determine the amount of bail,
2 a pre-trial investigation, a pre-sentence
3 investigation, a fitness hearing, or proceedings on
4 an application for probation.
5 (5) Adult and Juvenile Prisoner Review Boards.
6 (6) Authorized military personnel.
7 (7) Victims, their subrogees and legal
8 representatives; however, such persons shall have access
9 only to the name and address of the minor and information
10 pertaining to the disposition or alternative adjustment
11 plan of the juvenile court.
12 (8) Persons engaged in bona fide research, with the
13 permission of the presiding judge of the juvenile court
14 and the chief executive of the agency that prepared the
15 particular records; provided that publication of such
16 research results in no disclosure of a minor's identity
17 and protects the confidentiality of the record.
18 (9) The Secretary of State to whom the Clerk of the
19 Court shall report the disposition of all cases, as
20 required in Section 6-204 of The Illinois Vehicle Code.
21 However, information reported relative to these offenses
22 shall be privileged and available only to the Secretary
23 of State, courts, and police officers.
24 (10) The administrator of a bonafide substance
25 abuse student assistance program with the permission of
26 the presiding judge of the juvenile court.
27 (B) A minor who is the victim in a juvenile proceeding
28 shall be provided the same confidentiality regarding
29 disclosure of identity as the minor who is the subject of
30 record.
31 (C) Except as otherwise provided in this subsection (C),
32 juvenile court records shall not be made available to the
33 general public but may be inspected by representatives of
34 agencies, associations and news media or other properly
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1 interested persons by general or special order of the court.
2 The State's Attorney, the minor, his parents, guardian and
3 counsel shall at all times have the right to examine court
4 files and records.
5 (1) The court shall allow the general public to
6 have access to the name, address, and offense of a minor
7 who is adjudicated a delinquent minor under this Act
8 under either of the following circumstances:
9 (A) The adjudication of delinquency was based
10 upon the minor's commission of first degree murder,
11 attempt to commit first degree murder, aggravated
12 criminal sexual assault, or criminal sexual assault;
13 or
14 (B) The court has made a finding that the
15 minor was at least 13 years of age at the time the
16 act was committed and the adjudication of
17 delinquency was based upon the minor's commission
18 of: (i) an act in furtherance of the commission of a
19 felony as a member of or on behalf of a criminal
20 street gang, (ii) an act involving the use of a
21 firearm in the commission of a felony, (iii) an act
22 that would be a Class X felony offense under or the
23 minor's second or subsequent Class 2 or greater
24 felony offense under the Cannabis Control Act if
25 committed by an adult, (iv) an act that would be a
26 second or subsequent offense under Section 402 of
27 the Illinois Controlled Substances Act if committed
28 by an adult, or (v) an act that would be an offense
29 under Section 401 of the Illinois Controlled
30 Substances Act if committed by an adult.
31 (2) The court shall allow the general public to
32 have access to the name, address, and offense of a minor
33 who is at least 13 years of age at the time the offense
34 is committed and who is convicted, in criminal
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1 proceedings permitted or required under Section 5-4,
2 under either of the following circumstances:
3 (A) The minor has been convicted of first
4 degree murder, attempt to commit first degree
5 murder, aggravated criminal sexual assault, or
6 criminal sexual assault,
7 (B) The court has made a finding that the
8 minor was at least 13 years of age at the time the
9 offense was committed and the conviction was based
10 upon the minor's commission of: (i) an offense in
11 furtherance of the commission of a felony as a
12 member of or on behalf of a criminal street gang,
13 (ii) an offense involving the use of a firearm in
14 the commission of a felony, (iii) a Class X felony
15 offense under or a second or subsequent Class 2 or
16 greater felony offense under the Cannabis Control
17 Act, (iv) a second or subsequent offense under
18 Section 402 of the Illinois Controlled Substances
19 Act, or (v) an offense under Section 401 of the
20 Illinois Controlled Substances Act.
21 (D) Pending or following any adjudication of delinquency
22 for any offense defined in Sections 12-13 through 12-16 of
23 the Criminal Code of 1961, the victim of any such offense
24 shall receive the rights set out in Sections 4 and 6 of the
25 Bill of Rights for Victims and Witnesses of Violent Crime
26 Act; and the juvenile who is the subject of the adjudication,
27 notwithstanding any other provision of this Act, shall be
28 treated as an adult for the purpose of affording such rights
29 to the victim.
30 (E) Nothing in this Section shall affect the right of a
31 Civil Service Commission or appointing authority examining
32 the character and fitness of an applicant for a position as a
33 law enforcement officer to ascertain whether that applicant
34 was ever adjudicated to be a delinquent minor and, if so, to
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1 examine the records of disposition or evidence which were
2 made in proceedings under this Act.
3 (F) Following any adjudication of delinquency for a
4 crime which would be a felony if committed by an adult, or
5 following any adjudication of delinquency for a violation of
6 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
7 1961, the State's Attorney shall ascertain whether the minor
8 respondent is enrolled in school and, if so, shall provide a
9 copy of the dispositional order to the principal or chief
10 administrative officer of the school. Access to such
11 juvenile records shall be limited to the principal or chief
12 administrative officer of the school and any guidance
13 counselor designated by him.
14 (G) Nothing contained in this Act prevents the sharing
15 or disclosure of information or records relating or
16 pertaining to juveniles subject to the provisions of the
17 Serious Habitual Offender Comprehensive Action Program when
18 that information is used to assist in the early
19 identification and treatment of habitual juvenile offenders.
20 (H) When a Court hearing a proceeding under Article II
21 of this Act becomes aware that an earlier proceeding under
22 Article II had been heard in a different county, that Court
23 shall request, and the Court in which the earlier proceedings
24 were initiated shall transmit, an authenticated copy of the
25 Court record, including all documents, petitions, and orders
26 filed therein and the minute orders, transcript of
27 proceedings, and docket entries of the Court.
28 (I) The Clerk of the Circuit Court shall report to the
29 Department of State Police, in the form and manner required
30 by the Department of State Police, the final disposition of
31 each minor who has been arrested or taken into custody before
32 his or her 17th birthday for those offenses required to be
33 reported under Section 5 of the Criminal Identification Act.
34 Information reported to the Department under this Section may
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1 be maintained with records that the Department files under
2 Section 2.1 of the Criminal Identification Act.
3 (Source: P.A. 88-45; 88-51; 88-344; 88-467; 88-548, eff.
4 1-1-95; 88-550, eff. 7-3-94; 88-614, eff. 9-7-94; 88-670,
5 eff. 12-2-94; 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
6 89-377, eff. 8-18-95; 89-626, eff. 8-9-96.)
7 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
8 Sec. 2-10. Temporary custody hearing. At the appearance
9 of the minor before the court at the temporary custody
10 hearing, all witnesses present shall be examined before the
11 court in relation to any matter connected with the
12 allegations made in the petition.
13 (1) If the court finds that there is not probable cause
14 to believe that the minor is abused, neglected or dependent
15 it shall release the minor and dismiss the petition.
16 (2) If the court finds that there is probable cause to
17 believe that the minor is abused, neglected or dependent, the
18 court shall state in writing the factual basis supporting its
19 finding and the minor, his or her parent, guardian, custodian
20 and other persons able to give relevant testimony shall be
21 examined before the court. The Department of Children and
22 Family Services shall give testimony concerning indicated
23 reports of abuse and neglect, of which they are aware of
24 through the central registry, involving the minor's parent,
25 guardian or custodian. After such testimony, the court may,
26 if it is in the best interests of the minor, enter an order
27 that the minor shall be released upon the request of parent,
28 guardian or custodian if the parent, guardian or custodian
29 appears to take custody. Custodian shall include any agency
30 of the State which has been given custody or wardship of the
31 child. If it is in the best interests of the minor, the court
32 may also prescribe shelter care and order that the minor be
33 kept in a suitable place designated by the court or in a
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1 shelter care facility designated by the Department of
2 Children and Family Services or a licensed child welfare
3 agency; however, a minor charged with a criminal offense
4 under the Criminal Code of 1961 or adjudicated delinquent
5 shall not be placed in the custody of or committed to the
6 Department of Children and Family Services by any court,
7 except a minor less than 13 years of age and committed to the
8 Department of Children and Family Services under Section 5-23
9 of this Act or a minor for whom an independent basis of
10 abuse, neglect, or dependency exists, which must be defined
11 by departmental rule. In placing the minor, the Department or
12 other agency shall, to the extent compatible with the court's
13 order, comply with Section 7 of the Children and Family
14 Services Act. In determining that it is in the best interests
15 of the minor to prescribe shelter care, the court must find
16 that it is a matter of immediate and urgent necessity for the
17 protection of the minor or of the person or property of
18 another that the minor be placed in a shelter care facility
19 or that he or she is likely to flee the jurisdiction of the
20 court, and must further find that reasonable efforts have
21 been made or that, in the best interests of the minor, no
22 efforts reasonably can be made to prevent or eliminate the
23 necessity of removal of the minor from his or her home. The
24 court shall require documentation from the Department of
25 Children and Family Services as to the reasonable efforts
26 that were made to prevent or eliminate the necessity of
27 removal of the minor from his or her home or the reasons why
28 no efforts reasonably could be made to prevent or eliminate
29 the necessity of removal. When a minor is placed in the home
30 of a relative, the Department of Children and Family Services
31 shall complete a preliminary background review of the members
32 of the minor's custodian's household in accordance with
33 Section 4.3 of the Child Care Act of 1969 within 90 days of
34 that placement. If the minor is ordered placed in a shelter
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1 care facility of the Department of Children and Family
2 Services or a licensed child welfare agency, the court shall,
3 upon request of the appropriate Department or other agency,
4 appoint the Department of Children and Family Services
5 Guardianship Administrator or other appropriate agency
6 executive temporary custodian of the minor and the court may
7 enter such other orders related to the temporary custody as
8 it deems fit and proper, including the provision of services
9 to the minor or his family to ameliorate the causes
10 contributing to the finding of probable cause or to the
11 finding of the existence of immediate and urgent necessity.
12 Acceptance of services shall not be considered an admission
13 of any allegation in a petition made pursuant to this Act,
14 nor may a referral of services be considered as evidence in
15 any proceeding pursuant to this Act, except where the issue
16 is whether the Department has made reasonable efforts to
17 reunite the family. In making its findings that it is in the
18 best interests of the minor to prescribe shelter care, the
19 court shall state in writing (i) the factual basis supporting
20 its findings concerning the immediate and urgent necessity
21 for the protection of the minor or of the person or property
22 of another and (ii) the factual basis supporting its findings
23 that reasonable efforts were made to prevent or eliminate the
24 removal of the minor from his or her home or that no efforts
25 reasonably could be made to prevent or eliminate the removal
26 of the minor from his or her home. The parents, guardian,
27 custodian, temporary custodian and minor shall each be
28 furnished a copy of such written findings. The temporary
29 custodian shall maintain a copy of the court order and
30 written findings in the case record for the child. The order
31 together with the court's findings of fact in support thereof
32 shall be entered of record in the court.
33 Once the court finds that it is a matter of immediate and
34 urgent necessity for the protection of the minor that the
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1 minor be placed in a shelter care facility, the minor shall
2 not be returned to the parent, custodian or guardian until
3 the court finds that such placement is no longer necessary
4 for the protection of the minor.
5 (3) If prior to the shelter care hearing for a minor
6 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
7 is unable to serve notice on the party respondent, the
8 shelter care hearing may proceed ex-parte. A shelter care
9 order from an ex-parte hearing shall be endorsed with the
10 date and hour of issuance and shall be filed with the clerk's
11 office and entered of record. The order shall expire after 10
12 days from the time it is issued unless before its expiration
13 it is renewed, at a hearing upon appearance of the party
14 respondent, or upon an affidavit of the moving party as to
15 all diligent efforts to notify the party respondent by notice
16 as herein prescribed. The notice prescribed shall be in
17 writing and shall be personally delivered to the minor or the
18 minor's attorney and to the last known address of the other
19 person or persons entitled to notice. The notice shall also
20 state the nature of the allegations, the nature of the order
21 sought by the State, including whether temporary custody is
22 sought, and the consequences of failure to appear; and shall
23 explain the right of the parties and the procedures to vacate
24 or modify a shelter care order as provided in this Section.
25 The notice for a shelter care hearing shall be substantially
26 as follows:
27 NOTICE TO PARENTS AND CHILDREN
28 OF SHELTER CARE HEARING
29 On ................ at ........., before the
30 Honorable ................, (address:) .................,
31 the State of Illinois will present evidence (1) that
32 (name of child or children) ....................... are
33 abused, neglected or dependent for the following reasons:
34 .............................................. and (2)
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1 that there is "immediate and urgent necessity" to remove
2 the child or children from the responsible relative.
3 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
4 PLACEMENT of the child or children in foster care until a
5 trial can be held. A trial may not be held for up to 90
6 days.
7 At the shelter care hearing, parents have the
8 following rights:
9 1. To ask the court to appoint a lawyer if
10 they cannot afford one.
11 2. To ask the court to continue the hearing to
12 allow them time to prepare.
13 3. To present evidence concerning:
14 a. Whether or not the child or children
15 were abused, neglected or dependent.
16 b. Whether or not there is "immediate and
17 urgent necessity" to remove the child from home
18 (including: their ability to care for the
19 child, conditions in the home, alternative
20 means of protecting the child other than
21 removal).
22 c. The best interests of the child.
23 4. To cross examine the State's witnesses.
24 The Notice for rehearings shall be substantially as
25 follows:
26 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
27 TO REHEARING ON TEMPORARY CUSTODY
28 If you were not present at and did not have adequate
29 notice of the Shelter Care Hearing at which temporary
30 custody of ............... was awarded to
31 ................, you have the right to request a full
32 rehearing on whether the State should have temporary
33 custody of ................. To request this rehearing,
34 you must file with the Clerk of the Juvenile Court
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1 (address): ........................, in person or by
2 mailing a statement (affidavit) setting forth the
3 following:
4 1. That you were not present at the shelter
5 care hearing.
6 2. That you did not get adequate notice
7 (explaining how the notice was inadequate).
8 3. Your signature.
9 4. Signature must be notarized.
10 The rehearing should be scheduled within 48 hours
11 one day of your filing this affidavit.
12 At the rehearing, your rights are the same as at the
13 initial shelter care hearing. The enclosed notice
14 explains those rights.
15 At the Shelter Care Hearing, children have the
16 following rights:
17 1. To have a guardian ad litem appointed.
18 2. To be declared competent as a witness and
19 to present testimony concerning:
20 a. Whether they are abused, neglected or
21 dependent.
22 b. Whether there is "immediate and urgent
23 necessity" to be removed from home.
24 c. Their best interests.
25 3. To cross examine witnesses for other
26 parties.
27 4. To obtain an explanation of any proceedings
28 and orders of the court.
29 (4) If the parent, guardian, legal custodian,
30 responsible relative, minor age 8 or over, or counsel of the
31 minor did not have actual notice of or was not present at the
32 shelter care hearing, he or she may file an affidavit setting
33 forth these facts, and the clerk shall set the matter for
34 rehearing not later than 48 hours, excluding Sundays and
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1 legal holidays, after the filing of the affidavit. At the
2 rehearing, the court shall proceed in the same manner as upon
3 the original hearing.
4 (5) Only when there is reasonable cause to believe that
5 the minor taken into custody is a person described in Section
6 5-3 may the minor be kept or detained in a detention home or
7 county or municipal jail. This Section shall in no way be
8 construed to limit subsection (6).
9 (6) No minor under 16 years of age may be confined in a
10 jail or place ordinarily used for the confinement of
11 prisoners in a police station. Minors under 17 years of age
12 must be kept separate from confined adults and may not at any
13 time be kept in the same cell, room, or yard with adults
14 confined pursuant to the criminal law.
15 (7) If the minor is not brought before a judicial
16 officer within the time period as specified in Section 2-9,
17 the minor must immediately be released from custody.
18 (8) If neither the parent, guardian or custodian appears
19 within 24 hours to take custody of a minor released upon
20 request pursuant to subsection (2) of this Section, then the
21 clerk of the court shall set the matter for rehearing not
22 later than 7 days after the original order and shall issue a
23 summons directed to the parent, guardian or custodian to
24 appear. At the same time the probation department shall
25 prepare a report on the minor. If a parent, guardian or
26 custodian does not appear at such rehearing, the judge may
27 enter an order prescribing that the minor be kept in a
28 suitable place designated by the Department of Children and
29 Family Services or a licensed child welfare agency.
30 (9) Notwithstanding any other provision of this Section
31 any interested party, including the State, the temporary
32 custodian, an agency providing services to the minor or
33 family under a service plan pursuant to Section 8.2 of the
34 Abused and Neglected Child Reporting Act, foster parent, or
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1 any of their representatives, on notice to all parties
2 entitled to notice, may file a motion that it is in the best
3 interests of the minor to modify or vacate a temporary
4 custody order on any of the following grounds:
5 (a) It is no longer a matter of immediate and
6 urgent necessity that the minor remain in shelter care;
7 or
8 (b) There is a material change in the circumstances
9 of the natural family from which the minor was removed;
10 or
11 (c) A person not a party to the alleged abuse,
12 neglect or dependency, including a parent, relative or
13 legal guardian, is capable of assuming temporary custody
14 of the minor; or
15 (d) Services provided by the Department of Children
16 and Family Services or a child welfare agency or other
17 service provider have been successful in eliminating the
18 need for temporary custody.
19 In ruling on the motion, the court shall determine
20 whether it is in the best interests of the minor to modify or
21 vacate a temporary custody order.
22 The clerk shall set the matter for hearing not later than
23 14 days after such motion is filed. In the event that the
24 court modifies or vacates a temporary custody order but does
25 not vacate its finding of probable cause, the court may order
26 that appropriate services be continued or initiated in behalf
27 of the minor and his or her family.
28 (10) When the court finds or has found that there is
29 probable cause to believe a minor is an abused minor as
30 described in subsection (2) of Section 2-3 and that there is
31 an immediate and urgent necessity for the abused minor to be
32 placed in shelter care, immediate and urgent necessity shall
33 be presumed for any other minor residing in the same
34 household as the abused minor provided:
-19- LRB9003541NTsbam01
1 (a) Such other minor is the subject of an abuse or
2 neglect petition pending before the court; and
3 (b) A party to the petition is seeking shelter care
4 for such other minor.
5 Once the presumption of immediate and urgent necessity
6 has been raised, the burden of demonstrating the lack of
7 immediate and urgent necessity shall be on any party that is
8 opposing shelter care for the other minor.
9 (Source: P.A. 88-7; 88-491; 88-614, eff. 9-7-94; 88-670, eff.
10 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-582, eff. 1-1-97;
11 89-626, eff. 8-9-96.)
12 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
13 Sec. 2-22. Dispositional hearing; evidence; continuance.
14 (1) At the dispositional hearing, the court shall
15 determine whether it is in the best interests of the minor
16 and the public that he be made a ward of the court, and, if
17 he is to be made a ward of the court, the court shall
18 determine the proper disposition best serving the interests
19 of the minor and the public. The court also shall consider
20 the permanency goal set for the minor, the nature of the
21 service plan for the minor and the services delivered and to
22 be delivered under the plan. All evidence helpful in
23 determining these questions, including oral and written
24 reports, may be admitted and may be relied upon to the extent
25 of its probative value, even though not competent for the
26 purposes of the adjudicatory hearing.
27 (2) Notice in compliance with Sections 2-15 and 2-16
28 must be given to all parties-respondent prior to proceeding
29 to a dispositional hearing. Before making an order of
30 disposition the court shall advise the State's Attorney, the
31 parents, guardian, custodian or responsible relative or their
32 counsel of the factual contents and the conclusions of the
33 reports prepared for the use of the court and considered by
-20- LRB9003541NTsbam01
1 it, and afford fair opportunity, if requested, to controvert
2 them. The court may order, however, that the documents
3 containing such reports need not be submitted to inspection,
4 or that sources of confidential information need not be
5 disclosed except to the attorneys for the parties. Factual
6 contents, conclusions, documents and sources disclosed by the
7 court under this paragraph shall not be further disclosed
8 without the express approval of the court pursuant to an in
9 camera hearing.
10 (3) A record of a prior continuance under supervision
11 under Section 2-20, whether successfully completed or not, is
12 admissible at the dispositional hearing.
13 (4) On its own motion or that of the State's Attorney, a
14 parent, guardian, custodian, responsible relative or counsel,
15 the court may adjourn the hearing for a reasonable period to
16 receive reports or other evidence, if the adjournment is in
17 the best interests of the minor, but in no event shall
18 continuances be granted so that the dispositional hearing
19 occurs more than 12 months after the initial removal of a
20 minor from his or her home. In scheduling investigations and
21 hearings, the court shall give priority to proceedings in
22 which a minor has been removed from his or her home before an
23 order of disposition has been made.
24 (5) Unless already set by the court, at the conclusion
25 of the dispositional hearing, the court shall set the date
26 for the first permanency hearing, to be conducted under
27 subsection (2) of Section 2-28 or subsection (c) of Section
28 2-28.01, which shall be held no later than 16 months after
29 the minor is taken into temporary custody or in counties with
30 a population over 3,000,000, no later than 12 months after
31 the minor is taken into temporary custody.
32 (Source: P.A. 88-7; 88-487; 88-670, eff. 12-2-94; 89-17, eff.
33 5-31-95.)
-21- LRB9003541NTsbam01
1 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
2 Sec. 2-28. Court review in counties with a population
3 under 3,000,000.
4 (0.5) This Section applies in counties with a population
5 under 3,000,000.
6 (1) The court may require any legal custodian or
7 guardian of the person appointed under this Act to report
8 periodically to the court or may cite him into court and
9 require him or his agency, to make a full and accurate report
10 of his or its doings in behalf of the minor. The custodian
11 or guardian, within 10 days after such citation, shall make
12 the report, either in writing verified by affidavit or orally
13 under oath in open court, or otherwise as the court directs.
14 Upon the hearing of the report the court may remove the
15 custodian or guardian and appoint another in his stead or
16 restore the minor to the custody of his parents or former
17 guardian or custodian. However, custody of the minor shall
18 not be restored to any parent, guardian or legal custodian in
19 any case in which the minor is found to be neglected or
20 abused under Section 2-3 of this Act, unless it is in the
21 best interests of the minor, and if such neglect or abuse is
22 found by the court under paragraph (2) of Section 2-21 of
23 this Act to be the result of physical abuse inflicted on the
24 minor by such parent, guardian or legal custodian, until such
25 time as an investigation is made as provided in paragraph (5)
26 and a hearing is held on the issue of the fitness of such
27 parent, guardian or legal custodian to care for the minor and
28 the court enters an order that such parent, guardian or legal
29 custodian is fit to care for the minor.
30 (2) Permanency hearings shall be conducted by the court,
31 or by hearing officers appointed or approved by the court in
32 the manner set forth in Section 2-28.1 of this Act.
33 Permanency hearings shall be held every 12 months or more
34 frequently if necessary in the court's determination
-22- LRB9003541NTsbam01
1 following the initial permanency hearing, in accordance with
2 the standards set forth in this Section, until the court
3 determines that the plan and goal have been achieved. Once
4 the plan and goal have been achieved, if the minor remains in
5 substitute care, the case shall be reviewed at least every 12
6 months thereafter, subject to the provisions of this Section.
7 Notice in compliance with Sections 2-15 and 2-16 must
8 have been given to all parties-respondent before proceeding
9 to a permanency hearing.
10 The public agency that is the custodian or guardian of
11 the minor, or another agency responsible for the minor's
12 care, shall ensure that all parties to the permanency
13 hearings are provided a copy of the most recent service plan
14 prepared within the prior 6 months at least 14 days in
15 advance of the hearing. If not contained in the plan, the
16 agency shall also include a report setting forth (i) any
17 special physical, psychological, educational, medical,
18 emotional, or other needs of the minor or his or her family
19 that are relevant to a permanency or placement determination
20 and (ii) for any minor age 16 or over, a written description
21 of the programs and services that will enable the minor to
22 prepare for independent living. If a permanency review
23 hearing has not previously been scheduled by the court, the
24 moving party shall move for the setting of a permanency
25 hearing and the entry of an order within the time frames set
26 forth in this subsection.
27 At the permanency hearing, the court shall determine the
28 future status of the child. The court shall review (i) the
29 appropriateness of the permanency goal, (ii) the
30 appropriateness of the plan to achieve the goal, (iii) the
31 appropriateness of the services contained in the plan and
32 whether those services have been provided, (iv) whether
33 reasonable efforts have been made by all the parties to the
34 service plan to achieve the goal, and (v) whether the plan
-23- LRB9003541NTsbam01
1 and goal have been achieved. All evidence relevant to
2 determining these questions, including oral and written
3 reports, may be admitted and may be relied on to the extent
4 of their probative value.
5 In reviewing the permanency goal and the most recent
6 service plan prepared within the prior 6 months, the standard
7 of review to be employed by the court shall be whether the
8 Department of Children and Family Services, in setting the
9 permanency goal and the service plan, abused its discretion
10 in light of the best interests of the child, the permanency
11 alternatives, and the facts in the individual case.
12 If the plan and goal are found to be appropriate and to
13 have been achieved, the court shall enter orders that are
14 necessary to conform the minor's legal custody and status to
15 those findings.
16 If, after receiving evidence, the court determines that
17 the Department of Children and Family Services abused its
18 discretion in identifying services contained in the plan that
19 are not reasonably calculated to facilitate achievement of
20 the permanency goal, the court shall put in writing the
21 factual basis supporting the determination and enter specific
22 findings based on the evidence. The court also shall enter
23 an order for the Department to develop and implement a new
24 service plan or to implement changes to the current service
25 plan consistent with the court's findings. The new service
26 plan shall be filed with the court and served on all parties
27 within 45 days of the date of the order. The court shall
28 continue the matter until the new service plan is filed.
29 Unless otherwise specifically authorized by law, the court is
30 not empowered under this subsection (2) or under subsection
31 (3) to order specific placements, specific services, or
32 specific service providers to be included in the plan.
33 If, after receiving evidence, the court determines that
34 the Department of Children and Family Services abused its
-24- LRB9003541NTsbam01
1 discretion in setting a permanency goal that is not in the
2 best interests of the minor, the court shall enter specific
3 findings in writing based on the evidence. The court also
4 shall enter an order for the Department to set a new
5 permanency goal and to develop and implement a new service
6 plan that is consistent with the court's findings. The new
7 service plan shall be filed with the court and served on all
8 parties within 45 days of the date of the order. The court
9 shall continue the matter until the new service plan is
10 filed.
11 A guardian or custodian appointed by the court pursuant
12 to this Act shall file updated case plans with the court
13 every 6 months.
14 Rights of wards of the court under this Act are
15 enforceable against any public agency by complaints for
16 relief by mandamus filed in any proceedings brought under
17 this Act.
18 (3) Following the permanency hearing, the court shall
19 enter an order setting forth the following determinations in
20 writing:
21 (a) The future status of the minor, including but
22 not limited to whether the minor should be returned to
23 the parent, should be continued in the care of the
24 Department of Children and Family Services or other
25 agency for a specified period, should be placed for
26 adoption, should be emancipated, or should (because of
27 the minor's special needs or circumstances) be continued
28 in the care of the Department of Children and Family
29 Services or other agency on a permanent or long-term
30 basis, and any orders necessary to conform the minor's
31 legal custody and status to such determination; or
32 (b) if the future status of the minor cannot be
33 achieved immediately, the specific reasons for continuing
34 the minor in the care of the Department of Children and
-25- LRB9003541NTsbam01
1 Family Services or other agency for short term placement,
2 and the following determinations:
3 (i) Whether the permanency goal is in the best
4 interests of the minor, or whether the Department of
5 Children and Family Services abused its discretion
6 in setting a goal that is not in the best interests
7 of the minor.
8 (ii) Whether the services required by the
9 court and by any service plan prepared within the
10 prior 6 months have been provided and (A) if so,
11 whether the services were reasonably calculated to
12 facilitate the achievement of the permanency goal or
13 (B) if not provided, why the services were not
14 provided.
15 (iii) Whether the minor's placement is
16 necessary, and appropriate to the plan and goal,
17 recognizing the right of minors to the least
18 restrictive (most family-like) setting available and
19 in close proximity to the parents' home consistent
20 with the best interest and special needs of the
21 minor and, if the minor is placed out-of-State,
22 whether the out-of-State placement continues to be
23 appropriate and in the best interest of the minor.
24 (iv) Whether, because of any of the findings
25 under subparagraphs (i) through (iii), the
26 Department of Children and Family Services should be
27 ordered to set a new permanency goal or develop and
28 implement a new service plan consistent with such
29 findings.
30 (v) Whether any orders to effectuate the
31 completion of a plan or goal are necessary,
32 including conforming the minor's custody or status
33 to a goal being achieved.
34 Any order entered pursuant to this subsection (3) shall
-26- LRB9003541NTsbam01
1 be immediately appealable as a matter of right under Supreme
2 Court Rule 304(b)(1).
3 (4) The minor or any person interested in the minor may
4 apply to the court for a change in custody of the minor and
5 the appointment of a new custodian or guardian of the person
6 or for the restoration of the minor to the custody of his
7 parents or former guardian or custodian. However, custody of
8 the minor shall not be restored to any parent, guardian or
9 legal custodian in any case in which the minor is found to be
10 neglected or abused under Section 2-3 of this Act, unless it
11 is in the best interest of the minor, and if such neglect or
12 abuse is found by the court under paragraph (2) of Section
13 2-21 of this Act to be the result of physical abuse inflicted
14 on the minor by such parent, guardian or legal custodian,
15 until such time as an investigation is made as provided in
16 paragraph (4) and a hearing is held on the issue of the
17 fitness of such parent, guardian or legal custodian to care
18 for the minor and the court enters an order that such parent,
19 guardian or legal custodian is fit to care for the minor. In
20 the event that the minor has attained 18 years of age and the
21 guardian or custodian petitions the court for an order
22 terminating his guardianship or custody, guardianship or
23 custody shall terminate automatically 30 days after the
24 receipt of the petition unless the court orders otherwise.
25 No legal custodian or guardian of the person may be removed
26 without his consent until given notice and an opportunity to
27 be heard by the court.
28 (5) Whenever a parent, guardian, or legal custodian
29 petitions for restoration of custody of the minor, and the
30 minor was adjudicated neglected or abused as a result of
31 physical abuse, the court shall cause to be made an
32 investigation as to whether the petitioner has ever been
33 charged with or convicted of any criminal offense which would
34 indicate the likelihood of any further physical abuse to the
-27- LRB9003541NTsbam01
1 minor. Evidence of such criminal convictions shall be taken
2 into account in determining fitness of the parent, guardian,
3 or legal custodian.
4 (a) Any agency of this State or any subdivision
5 thereof shall co-operate with the agent of the court in
6 providing any information sought in the investigation.
7 (b) The information derived from the investigation
8 and any conclusions or recommendations derived from the
9 information shall be provided to the parent, guardian, or
10 legal custodian seeking restoration of custody prior to
11 the hearing on fitness and the petitioner shall have an
12 opportunity at the hearing to refute the information or
13 contest its significance.
14 (c) All information obtained from any investigation
15 shall be confidential as provided in Section 1-10 of this
16 Act.
17 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
18 12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
19 eff. 8-9-96.)
20 (705 ILCS 405/2-28.01 new)
21 Sec. 2-28.01. Court review in counties with a population
22 of 3,000,000 or more.
23 (a) This Section applies in counties with a population
24 of 3,000,000 or more.
25 (b) The court may require any legal custodian or
26 guardian of the person appointed under this Act to report
27 periodically to the court or may cite him or her into court
28 and require him or her, or his or her agency, to make a full
29 and accurate report of his or her or its doings in behalf of
30 the minor. The custodian or guardian, within 10 days after
31 the citation, shall make the report, either in writing
32 verified by affidavit or orally under oath in open court, or
33 otherwise as the court directs. Upon the hearing of the
-28- LRB9003541NTsbam01
1 report, the court may remove the custodian or guardian and
2 appoint another in his or her stead or restore the minor to
3 the custody of his or her parents or former guardian or
4 custodian. However, custody of the minor shall not be
5 restored to any parent, guardian, or legal custodian in any
6 case in which the minor is found to be neglected or abused
7 under Section 2-3 of this Act, unless it is in the best
8 interests of the minor, and if the neglect or abuse is found
9 by the court under paragraph (2) of Section 2-21 of this Act
10 to be the result of physical abuse inflicted on the minor by
11 the parent, guardian, or legal custodian, until such time as
12 an investigation is made as provided in paragraph (g) of this
13 Section and a hearing is held on the issue of the fitness of
14 the parent, guardian, or legal custodian to care for the
15 minor and the court enters an order that the parent,
16 guardian, or legal custodian is fit to care for the minor.
17 (c) The first permanency hearing shall be conducted by a
18 judge. Subsequent permanency hearings may be heard by a
19 judge or by a hearing officer appointed or approved by the
20 court in the manner set forth in Section 2-28.1 of this Act.
21 Permanency hearings shall be held every 6 months or more
22 frequently if necessary in the court's determination
23 following the initial permanency hearing, in accordance with
24 the standards set forth in this Section, until the court
25 determines that the plan and goal have been achieved. Once
26 the plan and goal have been achieved, if the minor remains in
27 substitute care, the case shall be reviewed at least every 6
28 months thereafter, subject to the provisions of this Section,
29 unless the minor is placed in the guardianship of a suitable
30 relative or other person and the court determines further
31 monitoring by the court does not further the best interest of
32 the child and that this is a stable permanent placement.
33 (1) The public agency that is the custodian or
34 guardian of the minor, or another agency responsible for
-29- LRB9003541NTsbam01
1 the minor's care, shall ensure that all parties to the
2 permanency hearings are provided a copy of the most
3 recent service plan prepared within the prior 6 months at
4 least 14 days in advance of the hearing. If not
5 contained in the plan, the agency shall also include a
6 report setting forth (i) any special physical,
7 psychological, educational, medical, emotional, or other
8 needs of the minor or his or her family that are relevant
9 to a permanency or placement determination and (ii) for
10 any minor age 16 years or over, a written description of
11 the programs and services that will enable the minor to
12 prepare for independent living. If a permanency review
13 hearing has not previously been scheduled by the court,
14 the moving party shall move for the setting of a
15 permanency hearing and the entry of an order within the
16 time frames set forth in this subsection (c).
17 (2) At the permanency hearing, the court shall
18 determine the future status of the child. The court shall
19 set the permanency goal by deciding whether the minor
20 should be returned to the parent, should be continued in
21 the care of the Department of Children and Family
22 Services or other agency for a specified period, should
23 be placed for adoption, should be emancipated, or should,
24 because of the minor's special needs or circumstances, be
25 continued in the care of the Department of Children and
26 Family Services or other agency on a permanent or
27 long-term basis, and enter any orders necessary to
28 conform the minor's legal custody and status to the
29 determination.
30 (3) The court shall review (i) the appropriateness
31 of the plan to achieve the permanency goal, (ii) the
32 appropriateness of the services contained in the plan and
33 whether those services have been provided, (iii) whether
34 reasonable efforts have been made by all the parties to
-30- LRB9003541NTsbam01
1 the service plan to achieve the goal, and (iv) whether
2 the plan and goal have been achieved.
3 (4) All evidence relevant to determining these
4 questions, including oral and written reports, may be
5 admitted and may be relied on to the extent of their
6 probative value.
7 (d) If the goal has been achieved, the court shall enter
8 orders that are necessary to conform the minor's legal
9 custody and status to those findings.
10 If, after receiving evidence, the court determines that
11 the services contained in the plan are not reasonably
12 calculated to facilitate achievement of the permanency goal,
13 the court shall put in writing the factual basis supporting
14 the determination and enter specific findings based on the
15 evidence. The court also shall enter an order for the
16 Department to develop and implement a new service plan
17 consistent with the court's findings. The new service plan
18 shall be filed with the court and served on all parties
19 within 45 days after the date of the order. The court shall
20 continue the matter until the new service plan is filed.
21 Unless otherwise specifically authorized by law, the court is
22 not empowered under this subsection (d) or under subsection
23 (c) or (e) to order specific placements, specific services,
24 or specific service providers to be included in the plan.
25 A guardian or custodian appointed by the court pursuant
26 to this Act shall file updated case plans with the court
27 every 6 months until the permanency goal set by the court has
28 been achieved.
29 Rights of wards of the court under this Act are
30 enforceable against any public agency by complaints for
31 relief by mandamus filed in any proceedings brought under
32 this Act.
33 (e) Following the permanency hearing, the court shall
34 enter an order setting forth the following determinations in
-31- LRB9003541NTsbam01
1 writing:
2 (1) The future status of the minor, including the
3 permanency goal, and any orders necessary to conform the
4 minor's legal custody and status to the determination; or
5 (2) if the permanency goal of the minor cannot be
6 achieved immediately, the specific reasons for continuing
7 the minor in the care of the Department of Children and
8 Family Services or other agency for short term placement,
9 and the following determinations:
10 (A) Whether the services required by the court
11 and by any service plan prepared within the prior 6
12 months have been provided and (i) if so, whether the
13 services were reasonably calculated to facilitate
14 the achievement of the permanency goal or (ii) if
15 not provided, why the services were not provided.
16 (B) Whether the minor's placement is
17 necessary, and appropriate to the plan and goal,
18 recognizing the right of minors to the least
19 restrictive (most family-like) setting available and
20 in close proximity to the parents' home consistent
21 with the best interest and special needs of the
22 minor and, if the minor is placed out-of-State,
23 whether the out-of-State placement continues to be
24 appropriate and in the best interest of the minor.
25 Any order entered pursuant to this subsection (e) shall
26 be immediately appealable as a matter of right under Supreme
27 Court Rule 304(b)(1).
28 (f) The minor or any person interested in the minor may
29 apply to the court for a change in custody of the minor and
30 the appointment of a new custodian or guardian of the person
31 or for the restoration of the minor to the custody of his or
32 her parents or former guardian or custodian. However,
33 custody of the minor shall not be restored to any parent,
34 guardian, or legal custodian in any case in which the minor
-32- LRB9003541NTsbam01
1 is found to be neglected or abused under Section 2-3 of this
2 Act, unless it is in the best interest of the minor, and if
3 the neglect or abuse is found by the court under paragraph
4 (2) of Section 2-21 of this Act to be the result of physical
5 abuse inflicted on the minor by the parent, guardian, or
6 legal custodian, until such time as an investigation is made
7 as provided in paragraph (g) and a hearing is held on the
8 issue of the fitness of the parent, guardian, or legal
9 custodian to care for the minor and the court enters an order
10 that the parent, guardian, or legal custodian is fit to care
11 for the minor. In the event that the minor has attained 18
12 years of age and the guardian or custodian petitions the
13 court for an order terminating his or her guardianship or
14 custody, guardianship or custody shall terminate
15 automatically 30 days after the receipt of the petition
16 unless the court orders otherwise. No legal custodian or
17 guardian of the person may be removed without his or her
18 consent until given notice and an opportunity to be heard by
19 the court.
20 (g) Whenever a parent, guardian, or legal custodian
21 petitions for restoration of custody of the minor, and the
22 minor was adjudicated neglected or abused as a result of
23 physical abuse, the court shall cause to be made an
24 investigation as to whether the petitioner has ever been
25 charged with or convicted of any criminal offense that would
26 indicate the likelihood of any further physical abuse to the
27 minor. Evidence of these criminal convictions shall be taken
28 into account in determining fitness of the parent, guardian,
29 or legal custodian.
30 (1) Any agency of this State or any subdivision of
31 the State shall co-operate with the agent of the court in
32 providing any information sought in the investigation.
33 (2) The information derived from the investigation
34 and any conclusions or recommendations derived from the
-33- LRB9003541NTsbam01
1 information shall be provided to the parent, guardian, or
2 legal custodian seeking restoration of custody prior to
3 the hearing on fitness and the petitioner shall have an
4 opportunity at the hearing to refute the information or
5 contest its significance.
6 (3) All information obtained from any investigation
7 shall be confidential as provided in Section 1-10 of this
8 Act.
9 (705 ILCS 405/2-28.1)
10 Sec. 2-28.1. Permanency hearings; before hearing
11 officers.
12 (a) The chief judge of the circuit court may appoint
13 hearing officers to conduct the permanency hearings set forth
14 in subsection (2) of Section 2-28 or subsection (c) of
15 Section 2-28.01 of this Act, in accordance with the
16 provisions of this Section. The hearing officers shall be
17 attorneys with at least 3 years experience in child abuse and
18 neglect or permanency planning, and in counties with a
19 population of 3,000,000 or more, admitted to practice for at
20 least 7 years., Once trained by the court, hearing officers
21 shall be authorized to do the following:
22 (1) Conduct a fair and impartial hearing in which
23 the strict rules of evidence need not apply.
24 (2) Summon and compel the attendance of witnesses.
25 (3) Administer the oath or affirmation and take
26 testimony under oath or affirmation.
27 (4) Require the production of evidence relevant to
28 the permanency hearing to be conducted. That evidence
29 may include, but need not be limited to case plans,
30 social histories, medical and psychological evaluations,
31 child placement histories, visitation records, and other
32 documents and writings applicable to those items.
33 (5) Rule on the admissibility of evidence using the
-34- LRB9003541NTsbam01
1 standard applied at a dispositional hearing under Section
2 2-22 of this Act or other information.
3 (6) Cause notices to be issued requiring parties,
4 the public agency that is custodian or guardian of the
5 minor, or another agency responsible for the minor's care
6 to appear either before the hearing officer or in court.
7 (7) Analyze the evidence presented to the hearing
8 officer and prepare written recommended orders, including
9 findings of fact, based on the evidence.
10 (8) Prior to the hearing, conduct any pre-hearings
11 that may be necessary.
12 (9) Conduct in camera interviews with children when
13 requested by a child or the child's guardian ad litem.
14 In counties with a population of 3,000,000 or more,
15 hearing officers shall also be authorized to do the
16 following:
17 (1) Accept specific consents for adoption or
18 surrenders of parental rights from a parent or parents.
19 (2) Conduct hearings on the progress made toward
20 the permanency goal set for the minor.
21 (3) Perform other duties as assigned by the court.
22 (b) The hearing officer shall consider evidence and
23 conduct the permanency hearings as set forth in subsections
24 (2) and (3) of Section 2-28 or subsection (c) of Section
25 2-28.01 of this Act in accordance with the standards set
26 forth therein. The hearing officer shall assure that a
27 verbatim record of the proceedings is made and retained for a
28 period of 12 months or until the next permanency hearing,
29 whichever date is later, and shall preserve all documents and
30 evidence for the record. The hearing officer shall inform
31 the participants of their individual rights and
32 responsibilities. The hearing officer shall identify the
33 issues to be reviewed under subsection (2) of Section 2-28 or
34 subsection (c) of Section 2-28.01, consider all relevant
-35- LRB9003541NTsbam01
1 facts, and receive or request any additional information
2 necessary to make recommendations to the court. If a party
3 fails to appear at the hearing, the hearing officer may
4 proceed to the permanency hearing with the parties present at
5 the hearing. The hearing officer shall specifically note for
6 the court the absence of any parties. If all parties are
7 present at the permanency hearing, and the parties and the
8 Department are in agreement that the service plan and
9 permanency goal are appropriate or are in agreement that the
10 permanency goal for the child has been achieved, the hearing
11 officer shall prepare a recommended order, including findings
12 of fact, to be submitted to the court, and all parties and
13 the Department shall sign the recommended order at the time
14 of the hearing. The recommended order will then be submitted
15 to the court for its immediate consideration and the entry of
16 an appropriate order.
17 The court may enter an order consistent with the
18 recommended order without further hearing or notice to the
19 parties, may refer the matter to the hearing officer for
20 further proceedings, or may hold such additional hearings as
21 the court deems necessary. All parties present at the
22 hearing and the Department shall be tendered a copy of the
23 court's order at the conclusion of the hearing.
24 (c) If one or more parties are not present at the
25 permanency hearing, or any party or the Department of
26 Children and Family Services objects to the hearing officer's
27 recommended order, including any findings of fact, the
28 hearing officer shall set the matter for a judicial
29 determination within 30 days of the permanency hearing for
30 the entry of the recommended order or for receipt of the
31 parties' objections. Any objections shall identify the
32 specific findings or recommendations that are contested, the
33 basis for the objections, and the evidence or applicable law
34 supporting the objection. The hearing officer shall mail a
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1 copy of the recommended order to any non-attending parties,
2 together with a notice of the date and place of the judicial
3 determination and the right of the parties to present at that
4 time objections consistent with this subsection. The
5 recommended order and its contents may not be disclosed to
6 anyone other than the parties and the Department or other
7 agency unless otherwise specifically ordered by a judge of
8 the court.
9 Following the receipt of objections consistent with this
10 subsection from any party or the Department of Children and
11 Family Services to the hearing officer's recommended orders,
12 the court shall make a judicial determination of those
13 portions of the order to which objections were made, and
14 shall enter an appropriate order. The court may refuse to
15 review any objections that fail to meet the requirements of
16 this subsection.
17 (d) The following are judicial functions and shall be
18 performed only by a circuit judge or associate judge:
19 (1) Review of the recommended orders of the hearing
20 officer and entry of orders the court deems appropriate.
21 (2) Conduct of judicial hearings on all pre-hearing
22 motions and other matters that require a court order and
23 entry of orders as the court deems appropriate.
24 (3) Conduct of judicial determinations on all
25 matters in which the parties or the Department of
26 Children and Family Services disagree with the hearing
27 officer's recommended orders under subsection (3).
28 (4) Issuance of rules to show cause, conduct of
29 contempt proceedings, and imposition of appropriate
30 sanctions or relief.
31 (Source: P.A. 89-17, eff. 5-31-95.)
32 Section 99. Effective date. This Act takes effect July
33 1, 1997.".