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90_SB1339enr
325 ILCS 5/1 from Ch. 23, par. 2051
Amends the Abused and Neglected Child Reporting Act.
Makes a stylistic change in provisions regarding how the Act
is to be cited.
LRB9011267SMpk
SB1339 Enrolled LRB9011267SMpk
1 AN ACT regarding children, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Children and Family Services Act is
5 amended by changing Sections 5, 7, and 8 and by adding
6 Section 5c as follows:
7 (20 ILCS 505/5) (from Ch. 23, par. 5005)
8 Sec. 5. Direct child welfare services; Department of
9 Children and Family Services. To provide direct child welfare
10 services when not available through other public or private
11 child care or program facilities.
12 (a) For purposes of this Section:
13 (1) "Children" means persons found within the State
14 who are under the age of 18 years. The term also
15 includes persons under age 19 who:
16 (A) were committed to the Department pursuant
17 to the Juvenile Court Act or the Juvenile Court Act
18 of 1987, as amended, prior to the age of 18 and who
19 continue under the jurisdiction of the court; or
20 (B) were accepted for care, service and
21 training by the Department prior to the age of 18
22 and whose best interest in the discretion of the
23 Department would be served by continuing that care,
24 service and training because of severe emotional
25 disturbances, physical disability, social adjustment
26 or any combination thereof, or because of the need
27 to complete an educational or vocational training
28 program.
29 (2) "Homeless youth" means persons found within the
30 State who are under the age of 19, are not in a safe and
31 stable living situation and cannot be reunited with their
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1 families.
2 (3) "Child welfare services" means public social
3 services which are directed toward the accomplishment of
4 the following purposes:
5 (A) protecting and promoting the health,
6 safety and welfare of children, including homeless,
7 dependent or neglected children;
8 (B) remedying, or assisting in the solution of
9 problems which may result in, the neglect, abuse,
10 exploitation or delinquency of children;
11 (C) preventing the unnecessary separation of
12 children from their families by identifying family
13 problems, assisting families in resolving their
14 problems, and preventing the breakup of the family
15 where the prevention of child removal is desirable
16 and possible when the child can be cared for at home
17 without endangering the child's health and safety;
18 (D) restoring to their families children who
19 have been removed, by the provision of services to
20 the child and the families when the child can be
21 cared for at home without endangering the child's
22 health and safety;
23 (E) placing children in suitable adoptive
24 homes, in cases where restoration to the biological
25 family is not safe, possible or appropriate;
26 (F) assuring safe and adequate care of
27 children away from their homes, in cases where the
28 child cannot be returned home or cannot be placed
29 for adoption. At the time of placement, the
30 Department shall consider concurrent planning, as
31 described in subsection (l-1) of this Section so
32 that permanency may occur at the earliest
33 opportunity. Consideration should be given so that
34 if reunification fails or is delayed, the placement
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1 made is the best available placement to provide
2 permanency for the child;
3 (G) (blank);
4 (H) (blank); and
5 (I) placing and maintaining children in
6 facilities that provide separate living quarters for
7 children under the age of 18 and for children 18
8 years of age and older, unless a child 18 years of
9 age is in the last year of high school education or
10 vocational training, in an approved individual or
11 group treatment program, or in a licensed shelter
12 facility, or secure child care facility. The
13 Department is not required to place or maintain
14 children:
15 (i) who are in a foster home, or
16 (ii) who are persons with a developmental
17 disability, as defined in the Mental Health and
18 Developmental Disabilities Code, or
19 (iii) who are female children who are
20 pregnant, pregnant and parenting or parenting,
21 or
22 (iv) who are siblings,
23 in facilities that provide separate living quarters
24 for children 18 years of age and older and for
25 children under 18 years of age.
26 (b) Nothing in this Section shall be construed to
27 authorize the expenditure of public funds for the purpose of
28 performing abortions.
29 (c) The Department shall establish and maintain
30 tax-supported child welfare services and extend and seek to
31 improve voluntary services throughout the State, to the end
32 that services and care shall be available on an equal basis
33 throughout the State to children requiring such services.
34 (d) The Director may authorize advance disbursements for
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1 any new program initiative to any agency contracting with the
2 Department. As a prerequisite for an advance disbursement,
3 the contractor must post a surety bond in the amount of the
4 advance disbursement and have a purchase of service contract
5 approved by the Department. The Department may pay up to 2
6 months operational expenses in advance. The amount of the
7 advance disbursement shall be prorated over the life of the
8 contract or the remaining months of the fiscal year,
9 whichever is less, and the installment amount shall then be
10 deducted from future bills. Advance disbursement
11 authorizations for new initiatives shall not be made to any
12 agency after that agency has operated during 2 consecutive
13 fiscal years. The requirements of this Section concerning
14 advance disbursements shall not apply with respect to the
15 following: payments to local public agencies for child day
16 care services as authorized by Section 5a of this Act; and
17 youth service programs receiving grant funds under Section
18 17a-4.
19 (e) (Blank).
20 (f) (Blank).
21 (g) The Department shall establish rules and regulations
22 concerning its operation of programs designed to meet the
23 goals of child safety and protection, family preservation,
24 family reunification, and adoption, including but not limited
25 to:
26 (1) adoption;
27 (2) foster care;
28 (3) family counseling;
29 (4) protective services;
30 (5) (blank);
31 (6) homemaker service;
32 (7) return of runaway children;
33 (8) (blank);
34 (9) placement under Section 5-7 of the Juvenile
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1 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
2 Juvenile Court Act of 1987 in accordance with the federal
3 Adoption Assistance and Child Welfare Act of 1980; and
4 (10) interstate services.
5 Rules and regulations established by the Department shall
6 include provisions for training Department staff and the
7 staff of Department grantees, through contracts with other
8 agencies or resources, in alcohol and drug abuse screening
9 techniques to identify children and adults who should be
10 referred to an alcohol and drug abuse treatment program for
11 professional evaluation.
12 (h) If the Department finds that there is no appropriate
13 program or facility within or available to the Department for
14 a ward and that no licensed private facility has an adequate
15 and appropriate program or none agrees to accept the ward,
16 the Department shall create an appropriate individualized,
17 program-oriented plan for such ward. The plan may be
18 developed within the Department or through purchase of
19 services by the Department to the extent that it is within
20 its statutory authority to do.
21 (i) Service programs shall be available throughout the
22 State and shall include but not be limited to the following
23 services:
24 (1) case management;
25 (2) homemakers;
26 (3) counseling;
27 (4) parent education;
28 (5) day care; and
29 (6) emergency assistance and advocacy.
30 In addition, the following services may be made available
31 to assess and meet the needs of children and families:
32 (1) comprehensive family-based services;
33 (2) assessments;
34 (3) respite care; and
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1 (4) in-home health services.
2 The Department shall provide transportation for any of
3 the services it makes available to children or families or
4 for which it refers children or families.
5 (j) The Department may provide categories of financial
6 assistance and education assistance grants, and shall
7 establish rules and regulations concerning the assistance and
8 grants, to persons who adopt physically or mentally
9 handicapped, older and other hard-to-place children who (i)
10 immediately prior to their adoption were legal wards of the
11 Department or (ii) were determined eligible for financial
12 assistance with respect to a prior adoption and who become
13 available for adoption because the prior adoption has been
14 dissolved and the parental rights of the adoptive parents
15 have been terminated or because the child's adoptive parents
16 have died. The Department may also provide categories of
17 financial assistance and education assistance grants, and
18 shall establish rules and regulations for the assistance and
19 grants, to persons appointed guardian of the person under
20 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
21 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
22 who were wards of the Department for 12 months immediately
23 prior to the appointment of the successor guardian and for
24 whom the Department has set a goal of permanent family
25 placement with a foster family.
26 The amount of assistance may vary, depending upon the
27 needs of the child and the adoptive parents, as set forth in
28 the annual assistance agreement. Special purpose grants are
29 allowed where the child requires special service but such
30 costs may not exceed the amounts which similar services would
31 cost the Department if it were to provide or secure them as
32 guardian of the child.
33 Any financial assistance provided under this subsection
34 is inalienable by assignment, sale, execution, attachment,
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1 garnishment, or any other remedy for recovery or collection
2 of a judgment or debt.
3 (j-5) The Department shall not deny or delay the
4 placement of a child for adoption if an approved family is
5 available either outside of the Department region handling
6 the case, or outside of the State of Illinois.
7 (k) The Department shall accept for care and training
8 any child who has been adjudicated neglected or abused, or
9 dependent committed to it pursuant to the Juvenile Court Act
10 or the Juvenile Court Act of 1987.
11 (l) Before July 1, 2000, the Department may provide, and
12 beginning July 1, 2000, the Department shall offer family
13 preservation services, as defined in Section 8.2 of the
14 Abused and Neglected Child Reporting Act, to help families,
15 including adoptive and extended families. Family preservation
16 services shall be offered (i) to prevent the placement of
17 children in substitute care when the children can be cared
18 for at home or in the custody of the person responsible for
19 the children's welfare, (ii) to reunite children with their
20 families, or (iii) to maintain an adoptive placement. Family
21 preservation services shall only be offered when doing so
22 will not endanger the children's health or safety. With
23 respect to children who are in substitute care pursuant to
24 the Juvenile Court Act of 1987, family preservation services
25 shall not be offered if a goal other than those of
26 subdivisions (A), (B), or (B-1) of subsection (2) of Section
27 2-28 of that Act has been set provide, family preservation
28 services, as determined to be appropriate and in the child's
29 best interests and when the child will be safe and not be in
30 imminent risk of harm, to any family whose child has been
31 placed in substitute care, any persons who have adopted a
32 child and require post-adoption services, or any persons
33 whose child or children are at risk of being placed outside
34 their home as documented by an "indicated" report of
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1 suspected child abuse or neglect determined pursuant to the
2 Abused and Neglected Child Reporting Act. Nothing in this
3 paragraph shall be construed to create a private right of
4 action or claim on the part of any individual or child
5 welfare agency.
6 The Department shall notify the child and his family of
7 the Department's responsibility to offer and provide family
8 preservation services as identified in the service plan. The
9 child and his family shall be eligible for services as soon
10 as the report is determined to be "indicated". The
11 Department may offer services to any child or family with
12 respect to whom a report of suspected child abuse or neglect
13 has been filed, prior to concluding its investigation under
14 Section 7.12 of the Abused and Neglected Child Reporting Act.
15 However, the child's or family's willingness to accept
16 services shall not be considered in the investigation. The
17 Department may also provide services to any child or family
18 who is the subject of any report of suspected child abuse or
19 neglect or may refer such child or family to services
20 available from other agencies in the community, even if the
21 report is determined to be unfounded, if the conditions in
22 the child's or family's home are reasonably likely to subject
23 the child or family to future reports of suspected child
24 abuse or neglect. Acceptance of such services shall be
25 voluntary.
26 The Department may, at its discretion except for those
27 children also adjudicated neglected or dependent, accept for
28 care and training any child who has been adjudicated
29 addicted, as a truant minor in need of supervision or as a
30 minor requiring authoritative intervention, under the
31 Juvenile Court Act or the Juvenile Court Act of 1987, but no
32 such child shall be committed to the Department by any court
33 without the approval of the Department. A minor charged with
34 a criminal offense under the Criminal Code of 1961 or
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1 adjudicated delinquent shall not be placed in the custody of
2 or committed to the Department by any court, except a minor
3 less than 13 years of age committed to the Department under
4 Section 5-23 of the Juvenile Court Act of 1987.
5 (l-1) The legislature recognizes that the best interests
6 of the child require that the child be placed in the most
7 permanent living arrangement as soon as is practically
8 possible. To achieve this goal, the legislature directs the
9 Department of Children and Family Services to conduct
10 concurrent planning so that permanency may occur at the
11 earliest opportunity. Permanent living arrangements may
12 include prevention of placement of a child outside the home
13 of the family when the child can be cared for at home without
14 endangering the child's health or safety; reunification with
15 the family, when safe and appropriate, if temporary placement
16 is necessary; or movement of the child toward the most
17 permanent living arrangement and permanent legal status.
18 When determining reasonable efforts to be made with
19 respect to a child, as described in this subsection, and in
20 making such reasonable efforts, the child's health and safety
21 shall be the paramount concern.
22 When a child is placed in foster care, the Department
23 shall ensure and document that reasonable efforts were made
24 to prevent or eliminate the need to remove the child from the
25 child's home. The Department must make reasonable efforts to
26 reunify the family when temporary placement of the child
27 occurs unless otherwise required, pursuant to the Juvenile
28 Court Act of 1987 or must request a finding from the court
29 that reasonable efforts are not appropriate or have been
30 unsuccessful. At any time after the dispositional hearing
31 where the Department believes that further reunification
32 services would be ineffective, it may request a finding from
33 the court that reasonable efforts are no longer appropriate.
34 The Department is not required to provide further
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1 reunification services after such a finding.
2 A decision to place a child in substitute care shall be
3 made with considerations of the child's health, safety, and
4 best interests. At the time of placement, consideration
5 should also be given so that if reunification fails or is
6 delayed, the placement made is the best available placement
7 to provide permanency for the child.
8 The Department shall adopt rules addressing concurrent
9 planning for reunification and permanency. The Department
10 shall consider the following factors when determining
11 appropriateness of concurrent planning:
12 (1) the likelihood of prompt reunification;
13 (2) the past history of the family;
14 (3) the barriers to reunification being addressed
15 by the family;
16 (4) the level of cooperation of the family;
17 (5) the foster parents' willingness to work with
18 the family to reunite;
19 (6) the willingness and ability of the foster
20 family to provide an adoptive home or long-term
21 placement;
22 (7) the age of the child;
23 (8) placement of siblings.
24 (m) The Department may assume temporary custody of any
25 child if:
26 (1) it has received a written consent to such
27 temporary custody signed by the parents of the child or
28 by the parent having custody of the child if the parents
29 are not living together or by the guardian or custodian
30 of the child if the child is not in the custody of either
31 parent, or
32 (2) the child is found in the State and neither a
33 parent, guardian nor custodian of the child can be
34 located.
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1 If the child is found in his or her residence without a
2 parent, guardian, custodian or responsible caretaker, the
3 Department may, instead of removing the child and assuming
4 temporary custody, place an authorized representative of the
5 Department in that residence until such time as a parent,
6 guardian or custodian enters the home and expresses a
7 willingness and apparent ability to ensure the child's health
8 and safety and resume permanent charge of the child, or until
9 a relative enters the home and is willing and able to ensure
10 the child's health and safety and assume charge of the child
11 until a parent, guardian or custodian enters the home and
12 expresses such willingness and ability to ensure the child's
13 safety and resume permanent charge. After a caretaker has
14 remained in the home for a period not to exceed 12 hours, the
15 Department must follow those procedures outlined in Section
16 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
17 The Department shall have the authority, responsibilities
18 and duties that a legal custodian of the child would have
19 pursuant to subsection (9) of Section 1-3 of the Juvenile
20 Court Act of 1987. Whenever a child is taken into temporary
21 custody pursuant to an investigation under the Abused and
22 Neglected Child Reporting Act, or pursuant to a referral and
23 acceptance under the Juvenile Court Act of 1987 of a minor in
24 limited custody, the Department, during the period of
25 temporary custody and before the child is brought before a
26 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
27 of the Juvenile Court Act of 1987, shall have the authority,
28 responsibilities and duties that a legal custodian of the
29 child would have under subsection (9) of Section 1-3 of the
30 Juvenile Court Act of 1987.
31 The Department shall ensure that any child taken into
32 custody is scheduled for an appointment for a medical
33 examination.
34 A parent, guardian or custodian of a child in the
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1 temporary custody of the Department who would have custody of
2 the child if he were not in the temporary custody of the
3 Department may deliver to the Department a signed request
4 that the Department surrender the temporary custody of the
5 child. The Department may retain temporary custody of the
6 child for 10 days after the receipt of the request, during
7 which period the Department may cause to be filed a petition
8 pursuant to the Juvenile Court Act of 1987. If a petition is
9 so filed, the Department shall retain temporary custody of
10 the child until the court orders otherwise. If a petition is
11 not filed within the 10 day period, the child shall be
12 surrendered to the custody of the requesting parent, guardian
13 or custodian not later than the expiration of the 10 day
14 period, at which time the authority and duties of the
15 Department with respect to the temporary custody of the child
16 shall terminate.
17 (m-1) The Department may place children under 18 years
18 of age in a secure child care facility licensed by the
19 Department that cares for children who are in need of secure
20 living arrangements for their health, safety, and well-being
21 after a determination is made by the facility director and
22 the Director or the Director's designate prior to admission
23 to the facility subject to Section 2-27.1 of the Juvenile
24 Court Act of 1987. This subsection (m-1) does not apply to a
25 child who is subject to placement in a correctional facility
26 operated pursuant to Section 3-15-2 of the Unified Code of
27 Corrections.
28 (n) The Department may place children under 18 years of
29 age in licensed child care facilities when in the opinion of
30 the Department, appropriate services aimed at family
31 preservation have been unsuccessful and cannot ensure the
32 child's health and safety or are unavailable and such
33 placement would be for their best interest. Payment for
34 board, clothing, care, training and supervision of any child
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1 placed in a licensed child care facility may be made by the
2 Department, by the parents or guardians of the estates of
3 those children, or by both the Department and the parents or
4 guardians, except that no payments shall be made by the
5 Department for any child placed in a licensed child care
6 facility for board, clothing, care, training and supervision
7 of such a child that exceed the average per capita cost of
8 maintaining and of caring for a child in institutions for
9 dependent or neglected children operated by the Department.
10 However, such restriction on payments does not apply in cases
11 where children require specialized care and treatment for
12 problems of severe emotional disturbance, physical
13 disability, social adjustment, or any combination thereof and
14 suitable facilities for the placement of such children are
15 not available at payment rates within the limitations set
16 forth in this Section. All reimbursements for services
17 delivered shall be absolutely inalienable by assignment,
18 sale, attachment, garnishment or otherwise.
19 (o) The Department shall establish an administrative
20 review and appeal process for children and families who
21 request or receive child welfare services from the
22 Department. Children who are wards of the Department and are
23 placed by private child welfare agencies, and foster families
24 with whom those children are placed, shall be afforded the
25 same procedural and appeal rights as children and families in
26 the case of placement by the Department, including the right
27 to an initial review of a private agency decision by that
28 agency. The Department shall insure that any private child
29 welfare agency, which accepts wards of the Department for
30 placement, affords those rights to children and foster
31 families. The Department shall accept for administrative
32 review and an appeal hearing a complaint made by (i) a child
33 or foster family concerning a decision following an initial
34 review by a private child welfare agency or (ii) a
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1 prospective adoptive parent who alleges a violation of
2 subsection (j-5) of this Section. An appeal of a decision
3 concerning a change in the placement of a child shall be
4 conducted in an expedited manner.
5 (p) There is hereby created the Department of Children
6 and Family Services Emergency Assistance Fund from which the
7 Department may provide special financial assistance to
8 families which are in economic crisis when such assistance is
9 not available through other public or private sources and the
10 assistance is deemed necessary to prevent dissolution of the
11 family unit or to reunite families which have been separated
12 due to child abuse and neglect. The Department shall
13 establish administrative rules specifying the criteria for
14 determining eligibility for and the amount and nature of
15 assistance to be provided. The Department may also enter
16 into written agreements with private and public social
17 service agencies to provide emergency financial services to
18 families referred by the Department. Special financial
19 assistance payments shall be available to a family no more
20 than once during each fiscal year and the total payments to a
21 family may not exceed $500 during a fiscal year.
22 (q) The Department may receive and use, in their
23 entirety, for the benefit of children any gift, donation or
24 bequest of money or other property which is received on
25 behalf of such children, or any financial benefits to which
26 such children are or may become entitled while under the
27 jurisdiction or care of the Department.
28 The Department shall set up and administer no-cost,
29 interest-bearing savings accounts in appropriate financial
30 institutions ("individual accounts") for children for whom
31 the Department is legally responsible and who have been
32 determined eligible for Veterans' Benefits, Social Security
33 benefits, assistance allotments from the armed forces, court
34 ordered payments, parental voluntary payments, Supplemental
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1 Security Income, Railroad Retirement payments, Black Lung
2 benefits, or other miscellaneous payments. Interest earned
3 by each individual account shall be credited to the account,
4 unless disbursed in accordance with this subsection.
5 In disbursing funds from children's individual accounts,
6 the Department shall:
7 (1) Establish standards in accordance with State
8 and federal laws for disbursing money from children's
9 individual accounts. In all circumstances, the
10 Department's "Guardianship Administrator" or his or her
11 designee must approve disbursements from children's
12 individual accounts. The Department shall be responsible
13 for keeping complete records of all disbursements for
14 each individual account for any purpose.
15 (2) Calculate on a monthly basis the amounts paid
16 from State funds for the child's board and care, medical
17 care not covered under Medicaid, and social services; and
18 utilize funds from the child's individual account, as
19 covered by regulation, to reimburse those costs.
20 Monthly, disbursements from all children's individual
21 accounts, up to 1/12 of $13,000,000, shall be deposited
22 by the Department into the General Revenue Fund and the
23 balance over 1/12 of $13,000,000 into the DCFS Children's
24 Services Fund.
25 (3) Maintain any balance remaining after
26 reimbursing for the child's costs of care, as specified
27 in item (2). The balance shall accumulate in accordance
28 with relevant State and federal laws and shall be
29 disbursed to the child or his or her guardian, or to the
30 issuing agency.
31 (r) The Department shall promulgate regulations
32 encouraging all adoption agencies to voluntarily forward to
33 the Department or its agent names and addresses of all
34 persons who have applied for and have been approved for
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1 adoption of a hard-to-place or handicapped child and the
2 names of such children who have not been placed for adoption.
3 A list of such names and addresses shall be maintained by the
4 Department or its agent, and coded lists which maintain the
5 confidentiality of the person seeking to adopt the child and
6 of the child shall be made available, without charge, to
7 every adoption agency in the State to assist the agencies in
8 placing such children for adoption. The Department may
9 delegate to an agent its duty to maintain and make available
10 such lists. The Department shall ensure that such agent
11 maintains the confidentiality of the person seeking to adopt
12 the child and of the child.
13 (s) The Department of Children and Family Services may
14 establish and implement a program to reimburse Department and
15 private child welfare agency foster parents licensed by the
16 Department of Children and Family Services for damages
17 sustained by the foster parents as a result of the malicious
18 or negligent acts of foster children, as well as providing
19 third party coverage for such foster parents with regard to
20 actions of foster children to other individuals. Such
21 coverage will be secondary to the foster parent liability
22 insurance policy, if applicable. The program shall be funded
23 through appropriations from the General Revenue Fund,
24 specifically designated for such purposes.
25 (t) The Department shall perform home studies and
26 investigations and shall exercise supervision over visitation
27 as ordered by a court pursuant to the Illinois Marriage and
28 Dissolution of Marriage Act or the Adoption Act only if:
29 (1) an order entered by an Illinois court
30 specifically directs the Department to perform such
31 services; and
32 (2) the court has ordered one or both of the
33 parties to the proceeding to reimburse the Department for
34 its reasonable costs for providing such services in
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1 accordance with Department rules, or has determined that
2 neither party is financially able to pay.
3 The Department shall provide written notification to the
4 court of the specific arrangements for supervised visitation
5 and projected monthly costs within 60 days of the court
6 order. The Department shall send to the court information
7 related to the costs incurred except in cases where the court
8 has determined the parties are financially unable to pay. The
9 court may order additional periodic reports as appropriate.
10 (u) Whenever the Department places a child in a licensed
11 foster home, group home, child care institution, or in a
12 relative home, the Department shall provide to the caretaker:
13 (1) available detailed information concerning the
14 child's educational and health history, copies of
15 immunization records (including insurance and medical
16 card information), a history of the child's previous
17 placements, if any, and reasons for placement changes
18 excluding any information that identifies or reveals the
19 location of any previous caretaker;
20 (2) a copy of the child's portion of the client
21 service plan, including any visitation arrangement, and
22 all amendments or revisions to it as related to the
23 child; and
24 (3) information containing details of the child's
25 individualized educational plan when the child is
26 receiving special education services.
27 The caretaker shall be informed of any known social or
28 behavioral information (including, but not limited to,
29 criminal background, fire setting, perpetuation of sexual
30 abuse, destructive behavior, and substance abuse) necessary
31 to care for and safeguard the child.
32 (u-5) Effective July 1, 1995, only foster care
33 placements licensed as foster family homes pursuant to the
34 Child Care Act of 1969 shall be eligible to receive foster
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1 care payments from the Department. Relative caregivers who,
2 as of July 1, 1995, were approved pursuant to approved
3 relative placement rules previously promulgated by the
4 Department at 89 Ill. Adm. Code 335 and had submitted an
5 application for licensure as a foster family home may
6 continue to receive foster care payments only until the
7 Department determines that they may be licensed as a foster
8 family home or that their application for licensure is denied
9 or until September 30, 1995, whichever occurs first.
10 (v) The Department shall access criminal history record
11 information as defined in the Illinois Uniform Conviction
12 Information Act and information maintained in the
13 adjudicatory and dispositional record system as defined in
14 subdivision (A)19 of Section 55a of the Civil Administrative
15 Code of Illinois if the Department determines the information
16 is necessary to perform its duties under the Abused and
17 Neglected Child Reporting Act, the Child Care Act of 1969,
18 and the Children and Family Services Act. The Department
19 shall provide for interactive computerized communication and
20 processing equipment that permits direct on-line
21 communication with the Department of State Police's central
22 criminal history data repository. The Department shall
23 comply with all certification requirements and provide
24 certified operators who have been trained by personnel from
25 the Department of State Police. In addition, one Office of
26 the Inspector General investigator shall have training in the
27 use of the criminal history information access system and
28 have access to the terminal. The Department of Children and
29 Family Services and its employees shall abide by rules and
30 regulations established by the Department of State Police
31 relating to the access and dissemination of this information.
32 (w) Within 120 days of August 20, 1995 (the effective
33 date of Public Act 89-392), the Department shall prepare and
34 submit to the Governor and the General Assembly, a written
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1 plan for the development of in-state licensed secure child
2 care facilities that care for children who are in need of
3 secure living arrangements for their health, safety, and
4 well-being. For purposes of this subsection, secure care
5 facility shall mean a facility that is designed and operated
6 to ensure that all entrances and exits from the facility, a
7 building or a distinct part of the building, are under the
8 exclusive control of the staff of the facility, whether or
9 not the child has the freedom of movement within the
10 perimeter of the facility, building, or distinct part of the
11 building. The plan shall include descriptions of the types
12 of facilities that are needed in Illinois; the cost of
13 developing these secure care facilities; the estimated number
14 of placements; the potential cost savings resulting from the
15 movement of children currently out-of-state who are projected
16 to be returned to Illinois; the necessary geographic
17 distribution of these facilities in Illinois; and a proposed
18 timetable for development of such facilities.
19 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
20 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
21 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
22 revised 10-20-97.)
23 (20 ILCS 505/5c new)
24 Sec. 5c. Direct child welfare service employee license.
25 By January 1, 2000, the Department, in consultation with
26 private child welfare agencies, shall develop and implement a
27 direct child welfare service employee license. By January 1,
28 2001 all child protective investigators and supervisors and
29 child welfare specialists and supervisors employed by the
30 Department or its contractors shall be required to
31 demonstrate sufficient knowledge and skills to obtain and
32 maintain the license. The Department shall have the
33 authority to revoke or suspend the license of anyone who
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1 after a hearing is found to be guilty of misfeasance. The
2 Department shall promulgate such rules as necessary to
3 implement this Section.
4 On or before January 1, 2000, and every year thereafter,
5 the Department shall submit an annual report to the General
6 Assembly on the implementation of this Section.
7 (20 ILCS 505/7) (from Ch. 23, par. 5007)
8 Sec. 7. Placement of children; considerations.
9 (a) In placing any child under this Act, the Department
10 shall place such child, as far as possible, in the care and
11 custody of some individual holding the same religious belief
12 as the parents of the child, or with some child care facility
13 which is operated by persons of like religious faith as the
14 parents of such child.
15 (b) In placing a child under this Act, the Department
16 may place a child with a relative if the Department has
17 reason to believe that the relative will be able to
18 adequately provide for the child's safety and welfare. The
19 Department may not place a child with a relative, with the
20 exception of certain circumstances which may be waived as
21 defined by the Department in rules, if the results of a check
22 of the Law Enforcement Agency Data System (LEADS) identifies
23 a prior criminal conviction of the relative or any adult
24 member of the relative's household for any of the following
25 offenses under the Criminal Code of 1961:
26 (1) murder;
27 (1.1) solicitation of murder;
28 (1.2) solicitation of murder for hire;
29 (1.3) intentional homicide of an unborn child;
30 (1.4) voluntary manslaughter of an unborn child;
31 (1.5) involuntary manslaughter;
32 (1.6) reckless homicide;
33 (1.7) concealment of a homicidal death;
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1 (1.8) involuntary manslaughter of an unborn child;
2 (1.9) reckless homicide of an unborn child;
3 (1.10) drug-induced homicide;
4 (2) a sex offense under Article 11, except offenses
5 described in Sections 11-7, 11-8, 11-12, and 11-13;
6 (3) kidnapping;
7 (3.1) aggravated unlawful restraint;
8 (3.2) forcible detention;
9 (3.3) aiding and abetting child abduction;
10 (4) aggravated kidnapping;
11 (5) child abduction;
12 (6) aggravated battery of a child;
13 (7) criminal sexual assault;
14 (8) aggravated criminal sexual assault;
15 (8.1) predatory criminal sexual assault of a child;
16 (9) criminal sexual abuse;
17 (10) aggravated sexual abuse;
18 (11) heinous battery;
19 (12) aggravated battery with a firearm;
20 (13) tampering with food, drugs, or cosmetics;
21 (14) drug-induced infliction of great bodily harm;
22 (15) aggravated stalking;
23 (16) home invasion;
24 (17) vehicular invasion;
25 (18) criminal transmission of HIV;
26 (19) criminal neglect of an elderly or disabled
27 person;
28 (20) child abandonment;
29 (21) endangering the life or health of a child;
30 (22) ritual mutilation;
31 (23) ritualized abuse of a child;
32 (24) an offense in any other state the elements of
33 which are similar and bear a substantial relationship to
34 any of the foregoing offenses.
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1 For the purpose of this subsection, "relative" shall include
2 any person, 21 years of age or over, other than the parent,
3 who (i) is currently related to the child in any of the
4 following ways by blood or adoption: grandparent, sibling,
5 great-grandparent, uncle, aunt, nephew, niece, first cousin,
6 great-uncle, or great-aunt; or (ii) is the spouse of such a
7 relative; or (iii) is the child's step-father, step-mother,
8 or adult step-brother or step-sister; "relative" also
9 includes a person related in any of the foregoing ways to a
10 sibling of a child, even though the person is not related to
11 the child, when the child and its sibling are placed together
12 with that person. A relative with whom a child is placed
13 pursuant to this subsection may, but is not required to,
14 apply for licensure as a foster family home pursuant to the
15 Child Care Act of 1969; provided, however, that as of July 1,
16 1995, foster care payments shall be made only to licensed
17 foster family homes pursuant to the terms of Section 5 of
18 this Act.
19 (c) In placing a child under this Act, the Department
20 shall ensure that the child's health, safety, and best
21 interests are met by giving due, not sole, consideration to
22 the child's race or ethnic heritage in making a family foster
23 care placement. The Department shall consider the individual
24 needs cultural, ethnic, or racial background of the child and
25 the capacity of the prospective foster or adoptive parents to
26 meet the needs of a child of this background as one of a
27 number of factors used to determine the best interests of the
28 child. The Department shall make special efforts for the
29 diligent recruitment of potential foster and adoptive
30 families that reflect the ethnic and racial diversity of the
31 children for whom foster and adoptive homes are needed.
32 "Special efforts" shall include contacting and working with
33 community organizations and religious organizations and may
34 include contracting with those organizations, utilizing local
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1 media and other local resources, and conducting outreach
2 activities.
3 (c-1) At the time of placement, the Department shall
4 consider concurrent planning, as described in subsection
5 (l-1) of Section 5, so that permanency may occur at the
6 earliest opportunity. Consideration should be given so that
7 if reunification fails or is delayed, the placement made is
8 the best available placement to provide permanency for the
9 child.
10 (d) The Department may accept gifts, grants, offers of
11 services, and other contributions to use in making special
12 recruitment efforts.
13 (e) The Department in placing children in adoptive or
14 foster care homes may not, in any policy or practice relating
15 to the placement of children for adoption or foster care,
16 discriminate against any child or prospective adoptive or
17 foster parent on the basis of race.
18 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
19 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96; 90-27,
20 eff. 1-1-98; 90-28, eff. 1-1-98.)
21 (20 ILCS 505/8) (from Ch. 23, par. 5008)
22 Sec. 8. Scholarships and fee waivers. Each year the
23 Department may select from among the children under care, or
24 children formerly under care who have been adopted or are in
25 the subsidized guardianship program, a maximum of 48 24
26 students, (at least 4 of whom shall be children of veterans),
27 who have completed 4 years in an accredited high school; the
28 children selected who shall be eligible for scholarships and
29 fee waivers which will entitle them to 4 consecutive years of
30 community college, university, or college education.
31 Selection shall be made on the basis of scholastic record,
32 aptitude, and general interest in higher education. In
33 accordance with this Act, tuition scholarships and fee
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1 waivers shall be available to such students at any university
2 or college maintained by the State of Illinois. The
3 Department shall provide maintenance and school expenses,
4 except tuition and fees, during the academic years to
5 supplement the students' earnings or other resources so long
6 as they consistently maintain scholastic records which are
7 acceptable to their schools and to the Department. Students
8 may attend other colleges and universities, if scholarships
9 are awarded them, and receive the same benefits for
10 maintenance and other expenses as those students attending
11 any Illinois State community college, university, or college
12 under this Section.
13 (Source: P.A. 84-168.)
14 Section 10. The Child Death Review Team Act is amended
15 by changing Section 20 as follows:
16 (20 ILCS 515/20)
17 Sec. 20. Reviews of child deaths.
18 (a) Every child death shall be reviewed by the team in
19 the subregion which has primary case management
20 responsibility. The deceased child must be one of the
21 following:
22 (1) A ward of the Department.
23 (2) The subject of an open service case maintained
24 by the Department.
25 (3) The subject of a pending child abuse or neglect
26 investigation.
27 (4) A child who was the subject of an abuse or
28 neglect investigation at any time during the 12 months
29 preceding the child's death.
30 (5) Any other child whose death is reported to the
31 State central register as a result of alleged child abuse
32 or neglect which report is subsequently indicated.
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1 A child death review team may, at its discretion, review
2 other sudden, unexpected, or unexplained child deaths.
3 (b) A child death review team's purpose in conducting
4 reviews of child deaths is to do the following:
5 (1) Assist in determining the cause and manner of
6 the child's death, when requested.
7 (2) Evaluate means by which the death might have
8 been prevented.
9 (3) Report its findings to appropriate agencies and
10 make recommendations that may help to reduce the number
11 of child deaths caused by abuse or neglect.
12 (4) Promote continuing education for professionals
13 involved in investigating, treating, and preventing child
14 abuse and neglect as a means of preventing child deaths
15 due to abuse or neglect.
16 (5) Make specific recommendations to the Director
17 and the Inspector General of the Department concerning
18 the prevention of child deaths due to abuse or neglect
19 and the establishment of protocols for investigating
20 child deaths.
21 (c) A child death review team shall review a child death
22 as soon as practical and not later than 90 days following the
23 completion by the Department of the investigation of the
24 death under the Abused and Neglected Child Reporting Act.
25 When there has been no investigation by the Department, the
26 child death review team shall review a child's death within
27 90 days after obtaining the information necessary to complete
28 the review from the coroner, pathologist, medical examiner,
29 or law enforcement agency, depending on the nature of the
30 case. A child death review team shall meet at least once in
31 each calendar quarter.
32 (d) The Director shall, within 90 days, review and reply
33 to recommendations made by a team under item (5) of
34 subsection (b). The Director shall implement recommendations
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1 as feasible and appropriate and shall respond in writing to
2 explain the implementation or nonimplementation of the
3 recommendations.
4 (Source: P.A. 90-239, eff. 7-28-97.)
5 Section 15. The Hospital Licensing Act is amended by
6 changing Section 9 as follows:
7 (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
8 Sec. 9. The Department shall make or cause to be made
9 such inspections and investigations as it deems necessary.
10 Information received by the Department through filed reports,
11 inspection, or as otherwise authorized under this Act shall
12 not be disclosed publicly in such manner as to identify
13 individuals or hospitals, except (i) in a proceeding
14 involving the denial, suspension, or revocation of a permit
15 to establish a hospital or a proceeding involving the denial,
16 suspension, or revocation of a license to open, conduct,
17 operate, and maintain a hospital, (ii) to the Department of
18 Children and Family Services in the course of a child abuse
19 or neglect investigation conducted by that Department or by
20 the Department of Public Health, or (iii) in other
21 circumstances as may be approved by the Hospital Licensing
22 Board.
23 (Source: Laws 1965, p. 2350.)
24 Section 17. The Child Care Act of 1969 is amended by
25 changing Section 4 and adding Sections 2.22 and 3.1 as
26 follows:
27 (225 ILCS 10/2.22 new)
28 Sec. 2.22. "Secure child care facility" means any child
29 care facility licensed by the Department to provide secure
30 living arrangements for children under 18 years of age who
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1 are subject to placement in facilities under the Children and
2 Family Services Act and who are not subject to placement in
3 facilities for whom standards are established by the
4 Department of Corrections under Section 3-15-2 of the Unified
5 Code of Corrections and which comply with the requirements of
6 this Act and applicable rules of the Department and which
7 shall be consistent with requirements established for child
8 residents of mental health facilities under the Juvenile
9 Court Act of 1987 and the Mental Health and Developmental
10 Disabilities Code. "Secure child care facility" also means a
11 facility that is designed and operated to ensure that all
12 entrances and exists from the facility, a building, or a
13 distinct part of the building are under the exclusive control
14 of the staff of the facility, whether or not the child has
15 the freedom of movement within the perimeter of the facility,
16 building, or distinct part of the building.
17 (225 ILCS 10/3.1 new)
18 Sec. 3.1. Licenses for secure child care facility. The
19 Department shall establish standards for licensing secure
20 child care facilities which comply with the requirements of
21 this Act, Section 2-27.1 of the Juvenile Court Act of 1987,
22 applicable requirements of the Mental Health and
23 Developmental Disabilities Code, and applicable rules of the
24 Department. On or before January 1, 1999, the Department
25 shall develop rules that set standards and the degree of need
26 for licensed secure facilities. Within 90 days after the
27 effective date of this amendatory Act of 1998, the Director
28 shall appoint an advisory committee to assist the Department
29 in the development of these rules.
30 (225 ILCS 10/4) (from Ch. 23, par. 2214)
31 Sec. 4. License requirement; application; notice.
32 (a) Any person, group of persons or corporation who or
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1 which receives children or arranges for care or placement of
2 one or more children unrelated to the operator must apply for
3 a license to operate one of the types of facilities defined
4 in Sections 2.05 through 2.19 and in Section 2.22 of this
5 Act. Any relative who receives a child or children for
6 placement by the Department on a full-time basis may apply
7 for a license to operate a foster family home as defined in
8 Section 2.17 of this Act.
9 (b) Application for a license to operate a child care
10 facility must be made to the Department in the manner and on
11 forms prescribed by it. An application to operate a foster
12 family home shall include, at a minimum: a completed written
13 form; written authorization by the applicant and all adult
14 members of the applicant's household to conduct a criminal
15 background investigation; medical evidence in the form of a
16 medical report, on forms prescribed by the Department, that
17 the applicant and all members of the household are free from
18 communicable diseases or physical and mental conditions that
19 affect their ability to provide care for the child or
20 children; the names and addresses of at least 3 persons not
21 related to the applicant who can attest to the applicant's
22 moral character; and fingerprints submitted by the applicant
23 and all adult members of the applicant's household.
24 (c) The Department shall notify the public when a child
25 care institution, maternity center, or group home licensed by
26 the Department undergoes a change in (i) the range of care or
27 services offered at the facility, (ii) the age or type of
28 children served, or (iii) the area within the facility used
29 by children. The Department shall notify the public of the
30 change in a newspaper of general circulation in the county or
31 municipality in which the applicant's facility is or is
32 proposed to be located.
33 (d) If, upon examination of the facility and
34 investigation of persons responsible for care of children,
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1 the Department is satisfied that the facility and responsible
2 persons reasonably meet standards prescribed for the type of
3 facility for which application is made, it shall issue a
4 license in proper form, designating on that license the type
5 of child care facility and, except for a child welfare
6 agency, the number of children to be served at any one time.
7 (Source: P.A. 89-21, eff. 7-1-95; 90-90, eff. 7-11-97.)
8 Section 20. The Abused and Neglected Child Reporting Act
9 is amended by changing Sections 7.16 and 8.2 as follows:
10 (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
11 Sec. 7.16. For any investigation or appeal initiated on
12 or after, or pending on July 1, 1998, the following time
13 frames shall apply. Within 60 days after the notification of
14 the completion of the Child Protective Service Unit
15 investigation, determined by the date of the notification
16 sent by the Department, a subject of a report may request the
17 Department to amend the record or remove the record of the
18 report from the register. Such request shall be in writing
19 and directed to such person as the Department designates in
20 the notification. If the Department disregards shall
21 disregard any request not made in such manner. If the
22 Department refuses to do so or does not act within 10 30
23 days, the subject shall have the right to a hearing within
24 the Department to determine whether the record of the report
25 should be amended or removed on the grounds that it is
26 inaccurate or it is being maintained in a manner
27 inconsistent with this Act, except that there shall be no
28 such right to a hearing on the ground of the report's
29 inaccuracy if there has been a court finding of child abuse
30 or neglect, the report's accuracy being conclusively presumed
31 on such finding. Such hearing shall be held within a
32 reasonable time after the subject's request and at a
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1 reasonable place and hour. The appropriate Child Protective
2 Service Unit shall be given notice of the hearing. In such
3 hearings, the burden of proving the accuracy and consistency
4 of the record shall be on the Department and the appropriate
5 Child Protective Service Unit. The hearing shall be conducted
6 by the Director or his designee, who is hereby authorized
7 and empowered to order the amendment or removal of the record
8 to make it accurate and consistent with this Act. The
9 decision shall be made, in writing, at the close of the
10 hearing, or within 45 30 days thereof, and shall state the
11 reasons upon which it is based. Decisions of the Department
12 under this Section are administrative decisions subject to
13 judicial review under the Administrative Review Law.
14 Should the Department grant the request of the subject of
15 the report pursuant to this Section either on administrative
16 review or after administrative hearing to amend an indicated
17 report to an unfounded report, the report shall be released
18 and expunged in accordance with the standards set forth in
19 Section 7.14 of this Act.
20 (Source: P.A. 90-15, eff. 6-13-97.)
21 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
22 Sec. 8.2. If the Child Protective Service Unit
23 determines, following an investigation made pursuant to
24 Section 7.4 of this Act, that there is credible evidence that
25 the child is abused or neglected, the Department shall assess
26 the family's need for services, and, as necessary, develop,
27 with the family, an appropriate service plan for the family's
28 voluntary acceptance or refusal. In any case where there is
29 evidence that the perpetrator of the abuse or neglect is an
30 addict or alcoholic as defined in the Alcoholism and Other
31 Drug Abuse and Dependency Act, the Department, when making
32 referrals for drug or alcohol abuse services, shall make such
33 referrals to facilities licensed by the Department of Human
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1 Services or the Department of Public Health. The Department
2 shall comply with Section 8.1 by explaining its lack of legal
3 authority to compel the acceptance of services and may
4 explain its concomitant authority to petition the Circuit
5 court under the Juvenile Court Act of 1987 or refer the case
6 to the local law enforcement authority or State's attorney
7 for criminal prosecution.
8 For purposes of this Act, the term "family preservation
9 services" refers to all services to help families, including
10 adoptive and extended families. Family preservation services
11 shall be offered, where safe and appropriate, to prevent the
12 placement of children in substitute care when the children
13 can be cared for at home or in the custody of the person
14 responsible for the children's welfare without endangering
15 the children's health or safety, to reunite them with their
16 families if so placed when reunification is an appropriate
17 goal, or to maintain an adoptive placement. The term
18 "homemaker" includes emergency caretakers, homemakers,
19 caretakers, housekeepers and chore services. The term
20 "counseling" includes individual therapy, infant stimulation
21 therapy, family therapy, group therapy, self-help groups,
22 drug and alcohol abuse counseling, vocational counseling and
23 post-adoptive services. The term "day care" includes
24 protective day care and day care to meet educational,
25 prevocational or vocational needs. The term "emergency
26 assistance and advocacy" includes coordinated services to
27 secure emergency cash, food, housing and medical assistance
28 or advocacy for other subsistence and family protective
29 needs.
30 Before July 1, 2000, appropriate family preservation
31 services shall, subject to appropriation, be included in the
32 service plan if the Department has determined that those
33 services will ensure the child's health and safety, are in
34 the child's best interests, and will not place the child in
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1 imminent risk of harm. Beginning July 1, 2000, appropriate
2 family preservation services shall be uniformly available
3 throughout the State. The Department shall promptly notify
4 children and families of the Department's responsibility to
5 offer and provide family preservation services as identified
6 in the service plan. Such plans may include but are not
7 limited to: case management services; homemakers; counseling;
8 parent education; day care; emergency assistance and advocacy
9 assessments; respite care; in-home health care;
10 transportation to obtain any of the above services; and
11 medical assistance. Nothing in this paragraph shall be
12 construed to create a private right of action or claim on the
13 part of any individual or child welfare agency.
14 The Department shall provide a preliminary report to the
15 General Assembly no later than January 1, 1991, in regard to
16 the provision of services authorized pursuant to this
17 Section. The report shall include:
18 (a) the number of families and children served, by
19 type of services;
20 (b) the outcome from the provision of such
21 services, including the number of families which remained
22 intact at least 6 months following the termination of
23 services;
24 (c) the number of families which have been subjects
25 of founded reports of abuse following the termination of
26 services;
27 (d) an analysis of general family circumstances in
28 which family preservation services have been determined
29 to be an effective intervention;
30 (e) information regarding the number of families in
31 need of services but unserved due to budget or program
32 criteria guidelines;
33 (f) an estimate of the time necessary for and the
34 annual cost of statewide implementation of such services;
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1 (g) an estimate of the length of time before
2 expansion of these services will be made to include
3 families with children over the age of 6; and
4 (h) recommendations regarding any proposed
5 legislative changes to this program.
6 Each Department field office shall maintain on a local
7 basis directories of services available to children and
8 families in the local area where the Department office is
9 located.
10 The Department shall refer children and families served
11 pursuant to this Section to private agencies and governmental
12 agencies, where available.
13 Where there are 2 equal proposals from both a
14 not-for-profit and a for-profit agency to provide services,
15 the Department shall give preference to the proposal from the
16 not-for-profit agency.
17 No service plan shall compel any child or parent to
18 engage in any activity or refrain from any activity which is
19 not reasonably related to remedying a condition or conditions
20 that gave rise or which could give rise to any finding of
21 child abuse or neglect.
22 (Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14,
23 eff. 7-1-97; 90-28, eff. 1-1-98.)
24 Section 25. The Vital Records Act is amended by changing
25 Section 8 as follows:
26 (410 ILCS 535/8) (from Ch. 111 1/2, par. 73-8)
27 Sec. 8. Each local registrar shall:
28 (1) Appoint one or more deputies to act for him in his
29 absence or to assist him. Such deputies shall be subject to
30 all rules and regulations governing local registrars.
31 (2) Appoint one or more subregistrars when necessary for
32 the convenience of the people. To become effective, such
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1 appointments must be approved by the State Registrar of Vital
2 Records. A subregistrar shall exercise such authority as is
3 given him by the local registrar and is subject to the
4 supervision and control of the State Registrar of Vital
5 Records, and shall be liable to the same penalties as local
6 registrars, as provided in Section 27 of this Act.
7 (3) Administer and enforce the provisions of this Act
8 and the instructions, rules, and regulations issued
9 hereunder.
10 (4) Require that certificates be completed and filed in
11 accordance with the provisions of this Act and the rules and
12 regulations issued hereunder.
13 (5) Prepare and transmit monthly an accurate copy of
14 each record of live birth, death, and fetal death to the
15 county clerk of his county. He shall also, in the case of a
16 death of a person who was a resident of another county,
17 prepare an additional copy of the death record and transmit
18 it to the county clerk of the county in which such person was
19 a resident. In no case shall the county clerk's copy of a
20 live birth record include the section of the certificate
21 which contains information for health and statistical program
22 use only.
23 (6) (Blank).
24 (7) Prepare, file, and retain for a period of at least
25 10 years in his own office an accurate copy of each record of
26 live birth, death, and fetal death accepted for registration.
27 Only in those instances in which the local registrar is also
28 a full time city, village, incorporated town, public health
29 district, county, or multi-county health officer recognized
30 by the Department may the health and statistical data section
31 of the live birth record be made a part of this copy.
32 (8) Transmit monthly the certificates, reports, or other
33 returns filed with him to the State Registrar of Vital
34 Records, or more frequently when directed to do so by the
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1 State Registrar of Vital Records.
2 (8.5) Transmit monthly to the State central register of
3 the Illinois Department of Children and Family Services a
4 copy of all death certificates of persons under 18 years of
5 age who have died within the month.
6 (9) Maintain such records, make such reports, and
7 perform such other duties as may be required by the State
8 Registrar of Vital Records.
9 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
10 Section 30. The Juvenile Court Act of 1987 is amended by
11 changing Sections 1-2, 1-3, 1-5, 2-13, 2-14, 2-15, 2-16,
12 2-17.1, 2-18, 2-21, 2-22, 2-23, 2-27, 2-28, 2-28.1, 2-29,
13 2-31, and 2-32 and adding Sections 2-13.1, 2-27.1, and 2-33
14 as follows:
15 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
16 Sec. 1-2. Purpose and policy.
17 (1) The purpose of this Act is to secure for each minor
18 subject hereto such care and guidance, preferably in his or
19 her own home, as will serve the safety and moral, emotional,
20 mental, and physical welfare of the minor and the best
21 interests of the community; to preserve and strengthen the
22 minor's family ties whenever possible, removing him or her
23 from the custody of his or her parents only when his or her
24 safety or welfare or the protection of the public cannot be
25 adequately safeguarded without removal; if the child is
26 removed from the custody of his or her parent, the Department
27 of Children and Family Services immediately shall consider
28 concurrent planning, as described in Section 5 of the
29 Children and Family Services Act so that permanency may occur
30 at the earliest opportunity; consideration should be given so
31 that if reunification fails or is delayed, the placement made
32 is the best available placement to provide permanency for the
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1 child; and, when the minor is removed from his or her own
2 family, to secure for him or her custody, care and discipline
3 as nearly as possible equivalent to that which should be
4 given by his or her parents, and in cases where it should and
5 can properly be done to place the minor in a family home so
6 that he or she may become a member of the family by legal
7 adoption or otherwise. Provided that a ground for unfitness
8 under the Adoption Act can be met, it may be appropriate to
9 expedite termination of parental rights:
10 (a) when reasonable efforts are inappropriate, or
11 have been provided and were unsuccessful, and there are
12 aggravating circumstances including, but not limited to,
13 those cases in which (i) the a child or another child of
14 that child's parent a sibling of the child was (A)
15 abandoned, (B) tortured, or (C) chronically abused or
16 (ii) the parent is criminally convicted of (A) first
17 degree murder or second degree murder of any child, (B)
18 attempt or conspiracy to commit first degree murder or
19 second degree murder of any child, (C) solicitation to
20 commit murder, solicitation to commit murder for hire, or
21 solicitation to commit second degree murder of any child,
22 or aggravated assault in violation of subdivision (a)(13)
23 of Section 12-2 of the Criminal Code of 1961 or
24 accountability for the first or second degree murder of
25 any child, or (D) aggravated criminal sexual assault in
26 violation of Section 12-14(b)(1) of the Criminal Code of
27 1961; or
28 (b) when the parental rights of a parent with
29 respect to another child of the parent a sibling of the
30 child have been involuntarily terminated; or
31 (c) in those extreme cases in which the parent's
32 incapacity to care for the child, combined with an
33 extremely poor prognosis for treatment or rehabilitation,
34 justifies expedited termination of parental rights.
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1 (2) In all proceedings under this Act the court may
2 direct the course thereof so as promptly to ascertain the
3 jurisdictional facts and fully to gather information bearing
4 upon the current condition and future welfare of persons
5 subject to this Act. This Act shall be administered in a
6 spirit of humane concern, not only for the rights of the
7 parties, but also for the fears and the limits of
8 understanding of all who appear before the court.
9 (3) In all procedures under this Act, the following
10 shall apply:
11 (a) The procedural rights assured to the minor
12 shall be the rights of adults unless specifically
13 precluded by laws which enhance the protection of such
14 minors.
15 (b) Every child has a right to services necessary
16 to his or her safety and proper development, including
17 health, education and social services.
18 (c) The parents' right to the custody of their
19 child shall not prevail when the court determines that it
20 is contrary to the health, safety, and best interests of
21 the child.
22 (4) This Act shall be liberally construed to carry out
23 the foregoing purpose and policy.
24 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
25 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
26 eff. 8-16-97.)
27 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
28 Sec. 1-3. Definitions. Terms used in this Act, unless
29 the context otherwise requires, have the following meanings
30 ascribed to them:
31 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
32 hearing to determine whether the allegations of a petition
33 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
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1 of age is abused, neglected or dependent, or requires
2 authoritative intervention, or addicted, respectively, are
3 supported by a preponderance of the evidence or whether the
4 allegations of a petition under Section 5-13 that a minor is
5 delinquent are proved beyond a reasonable doubt.
6 (2) Adult. "Adult" means a person 21 years of age or
7 older.
8 (3) Agency. "Agency" means a public or private child
9 care facility legally authorized or licensed by this State
10 for placement or institutional care or for both placement and
11 institutional care.
12 (4) Association. "Association" means any organization,
13 public or private, engaged in welfare functions which include
14 services to or on behalf of children but does not include
15 "agency" as herein defined.
16 (4.05) Best Interests. Whenever a "best interest"
17 determination is required, the following factors shall be
18 considered in the context of the child's age and
19 developmental needs:
20 (a) the physical safety and welfare of the child,
21 including food, shelter, health, and clothing;
22 (b) the development of the child's identity;
23 (c) the child's background and ties, including familial,
24 racial, cultural, and religious;
25 (d) the child's sense of attachments, including:
26 (i) where the child actually feels love,
27 attachment, and a sense of being valued (as opposed to
28 where adults believe the child should feel such love,
29 attachment, and a sense of being valued);
30 (ii) the child's sense of security;
31 (iii) the child's sense of familiarity;
32 (iv) continuity of affection for the child;
33 (v) the least disruptive placement alternative for
34 the child;
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1 (e) the child's wishes and long-term goals;
2 (f) the child's community ties, including church,
3 school, and friends;
4 (g) the child's need for permanence which includes the
5 child's need for stability and continuity of relationships
6 with parent figures and with siblings and other relatives
7 permanence for the child;
8 (h) the uniqueness of every family and child;
9 (i) the risks attendant to entering and being in
10 substitute care; and
11 (j) the preferences of the persons available to care for
12 the child.
13 (4.1) Chronic truant. "Chronic truant" shall have the
14 definition ascribed to it in Section 26-2a of the School
15 Code.
16 (5) Court. "Court" means the circuit court in a session
17 or division assigned to hear proceedings under this Act.
18 (6) Dispositional hearing. "Dispositional hearing" means
19 a hearing to determine whether a minor should be adjudged to
20 be a ward of the court, and to determine what order of
21 disposition should be made in respect to a minor adjudged to
22 be a ward of the court.
23 (7) Emancipated minor. "Emancipated minor" means any
24 minor 16 years of age or over who has been completely or
25 partially emancipated under the "Emancipation of Mature
26 Minors Act", enacted by the Eighty-First General Assembly, or
27 under this Act.
28 (8) Guardianship of the person. "Guardianship of the
29 person" of a minor means the duty and authority to act in the
30 best interests of the minor, subject to residual parental
31 rights and responsibilities, to make important decisions in
32 matters having a permanent effect on the life and development
33 of the minor and to be concerned with his or her general
34 welfare. It includes but is not necessarily limited to:
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1 (a) the authority to consent to marriage, to
2 enlistment in the armed forces of the United States, or
3 to a major medical, psychiatric, and surgical treatment;
4 to represent the minor in legal actions; and to make
5 other decisions of substantial legal significance
6 concerning the minor;
7 (b) the authority and duty of reasonable
8 visitation, except to the extent that these have been
9 limited in the best interests of the minor by court
10 order;
11 (c) the rights and responsibilities of legal
12 custody except where legal custody has been vested in
13 another person or agency; and
14 (d) the power to consent to the adoption of the
15 minor, but only if expressly conferred on the guardian in
16 accordance with Section 2-29, 3-30, 4-27 or 5-31.
17 (9) Legal custody. "Legal custody" means the
18 relationship created by an order of court in the best
19 interests of the minor which imposes on the custodian the
20 responsibility of physical possession of a minor and the duty
21 to protect, train and discipline him and to provide him with
22 food, shelter, education and ordinary medical care, except as
23 these are limited by residual parental rights and
24 responsibilities and the rights and responsibilities of the
25 guardian of the person, if any.
26 (10) Minor. "Minor" means a person under the age of 21
27 years subject to this Act.
28 (11) Parents. "Parent" means the father or mother of a
29 child and includes any adoptive parent. It also includes a
30 man (i) the father whose paternity is presumed or has been
31 established under the law of this or another jurisdiction or
32 (ii) who has registered with the Putative Father Registry in
33 accordance with Section 12.1 of the Adoption Act and whose
34 paternity has not been ruled out under the law of this or
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1 another jurisdiction. It does not include a parent whose
2 rights in respect to the minor have been terminated in any
3 manner provided by law.
4 (11.1) "Permanency goal" means a goal set by the court
5 as defined in subdivision (2)(c) of Section 2-28 or
6 subsection (c) of Section 2-28.01 or in counties with a
7 population of 3,000,000 or more, a goal ordered by a judge.
8 (11.2) "Permanency hearing" means a hearing to set the
9 permanency goal and to review and determine (i) the
10 appropriateness of the permanency goal, (ii) the
11 appropriateness of the services contained in the plan and
12 whether those services have been provided, (ii) (iii) whether
13 reasonable efforts have been made by all the parties to the
14 service plan to achieve the goal, and (iii) (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 (13) Residual parental rights and responsibilities.
21 "Residual parental rights and responsibilities" means those
22 rights and responsibilities remaining with the parent after
23 the transfer of legal custody or guardianship of the person,
24 including, but not necessarily limited to, the right to
25 reasonable visitation (which may be limited by the court in
26 the best interests of the minor as provided in subsection
27 (8)(b) of this Section), the right to consent to adoption,
28 the right to determine the minor's religious affiliation, and
29 the responsibility for his support.
30 (14) Shelter. "Shelter" means the temporary care of a
31 minor in physically unrestricting facilities pending court
32 disposition or execution of court order for placement.
33 (15) Station adjustment. "Station adjustment" means the
34 informal handling of an alleged offender by a juvenile police
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1 officer.
2 (16) Ward of the court. "Ward of the court" means a
3 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
4 5-22, after a finding of the requisite jurisdictional facts,
5 and thus is subject to the dispositional powers of the court
6 under this Act.
7 (17) Juvenile police officer. "Juvenile police officer"
8 means a sworn police officer who has completed a Basic
9 Recruit Training Course, has been assigned to the position of
10 juvenile police officer by his or her chief law enforcement
11 officer and has completed the necessary juvenile officers
12 training as prescribed by the Illinois Law Enforcement
13 Training Standards Board, or in the case of a State police
14 officer, juvenile officer training approved by the Director
15 of the Department of State Police.
16 (18) "Secure child care facility" means any child care
17 facility licensed by the Department of Children and Family
18 Services to provide secure living arrangements for children
19 under 18 years of age who are subject to placement in
20 facilities under the Children and Family Services Act and who
21 are not subject to placement in facilities for whom standards
22 are established by the Department of Corrections under
23 Section 3-15-2 of the Unified Code of Corrections. "Secure
24 child care facility" also means a facility that is designed
25 and operated to ensure that all entrances and exists from the
26 facility, a building, or a distinct part of the building are
27 under the exclusive control of the staff of the facility,
28 whether or not the child has the freedom of movement within
29 the perimeter of the facility, building, or distinct part of
30 the building.
31 (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; revised
32 11-12-97.)
33 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
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1 Sec. 1-5. Rights of parties to proceedings.
2 (1) Except as provided in this Section and paragraph (2)
3 of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
4 subject of the proceeding and his parents, guardian, legal
5 custodian or responsible relative who are parties respondent
6 have the right to be present, to be heard, to present
7 evidence material to the proceedings, to cross-examine
8 witnesses, to examine pertinent court files and records and
9 also, although proceedings under this Act are not intended to
10 be adversary in character, the right to be represented by
11 counsel. At the request of any party financially unable to
12 employ counsel, with the exception of a foster parent
13 permitted to intervene under this Section, the court shall
14 appoint the Public Defender or such other counsel as the case
15 may require. Counsel appointed for the minor and any indigent
16 party shall appear at all stages of the trial court
17 proceeding, and such appointment shall continue through the
18 permanency hearings and termination of parental rights
19 proceedings subject to withdrawal or substitution pursuant to
20 Supreme Court Rules or the Code of Civil Procedure. Following
21 the dispositional hearing, the court may require appointed
22 counsel, other than counsel for the minor or counsel for the
23 guardian ad litem, to withdraw his or her appearance upon
24 failure of the party for whom counsel was appointed under
25 this Section to attend any subsequent proceedings.
26 No hearing on any petition or motion filed under this Act
27 may be commenced unless the minor who is the subject of the
28 proceeding is represented by counsel. Each adult respondent
29 shall be furnished a written "Notice of Rights" at or before
30 the first hearing at which he or she appears.
31 (1.5) The Department shall maintain a system of response
32 to inquiry made by parents or putative parents as to whether
33 their child is under the custody or guardianship of the
34 Department; and if so, the Department shall direct the
SB1339 Enrolled -44- LRB9011267SMpk
1 parents or putative parents to the appropriate court of
2 jurisdiction, including where inquiry may be made of the
3 clerk of the court regarding the case number and the next
4 scheduled court date of the minor's case. Effective notice
5 and the means of accessing information shall be given to the
6 public on a continuing basis by the Department.
7 (2) (a) Though not appointed guardian or legal custodian
8 or otherwise made a party to the proceeding, any current or
9 previously appointed foster parent or relative caregiver, or
10 representative of an agency or association interested in the
11 minor has the right to be heard by the court, but does not
12 thereby become a party to the proceeding.
13 In addition to the foregoing right to be heard by the
14 court, any current foster parent or relative caregiver of a
15 minor and the agency designated by the court or the
16 Department of Children and Family Services as custodian of
17 the minor who is alleged to be or has been adjudicated an
18 abused or neglected minor under Section 2-3 or a dependent
19 minor under Section 2-4 of this Act has the right to and
20 shall be given adequate notice at all stages of any hearing
21 or proceeding under this Act wherein the custody or status of
22 the minor may be changed. Such notice shall contain a
23 statement regarding the nature and denomination of the
24 hearing or proceeding to be held, the change in custody or
25 status of the minor sought to be obtained at such hearing or
26 proceeding, and the date, time and place of such hearing or
27 proceeding. The Department of Children and Family Services
28 or the licensed child welfare agency that has placed the
29 minor with the foster parent shall notify the clerk of the
30 court of the name and address of the current foster parent.
31 The clerk shall mail the notice by certified mail marked for
32 delivery to addressee only. The regular return receipt for
33 certified mail is sufficient proof of service.
34 Any foster parent or relative caregiver who is denied his
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1 or her right to be heard under this Section may bring a
2 mandamus action under Article XIV of the Code of Civil
3 Procedure against the court or any public agency to enforce
4 that right. The mandamus action may be brought immediately
5 upon the denial of those rights but in no event later than 30
6 days after the foster parent has been denied the right to be
7 heard.
8 (b) If after an adjudication that a minor is abused or
9 neglected as provided under Section 2-21 of this Act and a
10 motion has been made to restore the minor to any parent,
11 guardian, or legal custodian found by the court to have
12 caused the neglect or to have inflicted the abuse on the
13 minor, a foster parent may file a motion to intervene in the
14 proceeding for the sole purpose of requesting that the minor
15 be placed with the foster parent, provided that the foster
16 parent (i) is the current foster parent of the minor or (ii)
17 has previously been a foster parent for the minor for one
18 year or more, has a foster care license or is eligible for a
19 license, and is not the subject of any findings of abuse or
20 neglect of any child. The juvenile court may only enter
21 orders placing a minor with a specific foster parent under
22 this subsection (2)(b) and nothing in this Section shall be
23 construed to confer any jurisdiction or authority on the
24 juvenile court to issue any other orders requiring the
25 appointed guardian or custodian of a minor to place the minor
26 in a designated foster home or facility. This Section is not
27 intended to encompass any matters that are within the scope
28 or determinable under the administrative and appeal process
29 established by rules of the Department of Children and Family
30 Services under Section 5(o) of the Children and Family
31 Services Act. Nothing in this Section shall relieve the
32 court of its responsibility, under Section 2-14(a) of this
33 Act to act in a just and speedy manner to reunify families
34 where it is the best interests of the minor and the child can
SB1339 Enrolled -46- LRB9011267SMpk
1 be cared for at home without endangering the child's health
2 or safety and, if reunification is not in the best interests
3 of the minor, to find another permanent home for the minor.
4 Nothing in this Section, or in any order issued by the court
5 with respect to the placement of a minor with a foster
6 parent, shall impair the ability of the Department of
7 Children and Family Services, or anyone else authorized under
8 Section 5 of the Abused and Neglected Child Reporting Act, to
9 remove a minor from the home of a foster parent if the
10 Department of Children and Family Services or the person
11 removing the minor has reason to believe that the
12 circumstances or conditions of the minor are such that
13 continuing in the residence or care of the foster parent will
14 jeopardize the child's health and safety or present an
15 imminent risk of harm to that minor's life.
16 (c) If a foster parent has had the minor who is the
17 subject of the proceeding under Article II in his or her home
18 for more than one year on or after July 3, 1994 and if the
19 minor's placement is being terminated from that foster
20 parent's home, that foster parent shall have standing and
21 intervenor status except in those circumstances where the
22 Department of Children and Family Services or anyone else
23 authorized under Section 5 of the Abused and Neglected Child
24 Reporting Act has removed the minor from the foster parent
25 because of a reasonable belief that the circumstances or
26 conditions of the minor are such that continuing in the
27 residence or care of the foster parent will jeopardize the
28 child's health or safety or presents an imminent risk of harm
29 to the minor's life.
30 (d) The court may grant standing to any foster parent if
31 the court finds that it is in the best interest of the child
32 for the foster parent to have standing and intervenor status.
33 (3) Parties respondent are entitled to notice in
34 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
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1 and 4-15 or 5-15 and 5-16, as appropriate. At the first
2 appearance before the court by the minor, his parents,
3 guardian, custodian or responsible relative, the court shall
4 explain the nature of the proceedings and inform the parties
5 of their rights under the first 2 paragraphs of this Section.
6 If the child is alleged to be abused, neglected or
7 dependent, the court shall admonish the parents that if the
8 court declares the child to be a ward of the court and awards
9 custody or guardianship to the Department of Children and
10 Family Services, the parents must cooperate with the
11 Department of Children and Family Services, comply with the
12 terms of the service plans, and correct the conditions that
13 require the child to be in care, or risk termination of their
14 parental rights.
15 Upon an adjudication of wardship of the court under
16 Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
17 parties of their right to appeal therefrom as well as from
18 any other final judgment of the court.
19 When the court finds that a child is an abused,
20 neglected, or dependent minor under Section 2-21, the court
21 shall admonish the parents that the parents must cooperate
22 with the Department of Children and Family Services, comply
23 with the terms of the service plans, and correct the
24 conditions that require the child to be in care, or risk
25 termination of their parental rights.
26 When the court declares a child to be a ward of the court
27 and awards guardianship to the Department of Children and
28 Family Services under Section 2-22, the court shall admonish
29 the parents, guardian, custodian, or responsible relative
30 that the parents must cooperate with the Department of
31 Children and Family Services, comply with the terms of the
32 service plans, and correct the conditions that require the
33 child to be in care, or risk termination of their parental
34 rights.
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1 (4) No sanction may be applied against the minor who is
2 the subject of the proceedings by reason of his refusal or
3 failure to testify in the course of any hearing held prior to
4 final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
5 (5) In the discretion of the court, the minor may be
6 excluded from any part or parts of a dispositional hearing
7 and, with the consent of the parent or parents, guardian,
8 counsel or a guardian ad litem, from any part or parts of an
9 adjudicatory hearing.
10 (6) The general public except for the news media and the
11 victim shall be excluded from any hearing and, except for the
12 persons specified in this Section only persons, including
13 representatives of agencies and associations, who in the
14 opinion of the court have a direct interest in the case or in
15 the work of the court shall be admitted to the hearing.
16 However, the court may, for the minor's safety and protection
17 and for good cause shown, prohibit any person or agency
18 present in court from further disclosing the minor's
19 identity.
20 (7) A party shall not be entitled to exercise the right
21 to a substitution of a judge without cause under subdivision
22 (a)(2) of Section 2-1001 of the Code of Civil Procedure in a
23 proceeding under this Act if the judge is currently assigned
24 to a proceeding involving the alleged abuse, neglect, or
25 dependency of the minor's sibling or half sibling and that
26 judge has made a substantive ruling in the proceeding
27 involving the minor's sibling or half sibling.
28 (Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
29 eff. 1-1-98.)
30 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
31 Sec. 2-13. Petition.
32 (1) Any adult person, any agency or association by its
33 representative may file, or the court on its own motion,
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1 consistent with the health, safety and best interests of the
2 minor may direct the filing through the State's Attorney of a
3 petition in respect of a minor under this Act. The petition
4 and all subsequent court documents shall be entitled "In the
5 interest of ...., a minor".
6 (2) The petition shall be verified but the statements
7 may be made upon information and belief. It shall allege
8 that the minor is abused, neglected, or dependent, with
9 citations to the appropriate provisions of this Act, and set
10 forth (a) facts sufficient to bring the minor under Section
11 2-3 or 2-4 and to inform respondents of the cause of action,
12 including, but not limited to, a plain and concise statement
13 of the factual allegations that form the basis for the filing
14 of the petition; (b) the name, age and residence of the
15 minor; (c) the names and residences of his parents; (d) the
16 name and residence of his legal guardian or the person or
17 persons having custody or control of the minor, or of the
18 nearest known relative if no parent or guardian can be found;
19 and (e) if the minor upon whose behalf the petition is
20 brought is sheltered in custody, the date on which such
21 temporary custody was ordered by the court or the date set
22 for a temporary custody hearing. If any of the facts herein
23 required are not known by the petitioner, the petition shall
24 so state.
25 (3) The petition must allege that it is in the best
26 interests of the minor and of the public that he be adjudged
27 a ward of the court and may pray generally for relief
28 available under this Act. The petition need not specify any
29 proposed disposition following adjudication of wardship.
30 (4) If termination of parental rights and appointment of
31 a guardian of the person with power to consent to adoption of
32 the minor under Section 2-29 is sought, the petition shall so
33 state. If the petition includes this request, the prayer for
34 relief shall clearly and obviously state that the parents
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1 could permanently lose their rights as a parent at this
2 hearing.
3 In addition to the foregoing, the petitioner, by motion,
4 may request the termination of parental rights and
5 appointment of a guardian of the person with power to consent
6 to adoption of the minor under Section 2-29 at any time after
7 the entry of a dispositional order under Section 2-22.
8 (4.5) (a) With respect to any minors committed to its
9 care pursuant to this Act, the Department of Children and
10 Family Services shall request the State's Attorney to file a
11 petition or motion for termination of parental rights and
12 appointment of guardian of the person with power to consent
13 to adoption of the minor under Section 2-29 if:
14 (i) a minor has been in foster care, as described
15 in subsection (b), for 15 months of the most recent 22
16 months; or
17 (ii) a minor under the age of 2 years has been
18 previously determined to be abandoned at an adjudicatory
19 hearing; or
20 (iii) the parent is criminally convicted of (A)
21 first degree murder or second degree murder of any child,
22 (B) attempt or conspiracy to commit first degree murder
23 or second degree murder of any child, (C) solicitation to
24 commit murder of any child, solicitation to commit murder
25 for hire of any child, or solicitation to commit second
26 degree murder of any child, (D) aggravated battery,
27 aggravated battery of a child, or felony domestic
28 battery, any of which has resulted in serious injury to
29 the minor or a sibling of the minor, (E) aggravated
30 criminal sexual assault in violation of subdivision
31 (b)(1) of Section 12-14 of the Criminal Code of 1961, or
32 (F) an offense in any other state the elements of which
33 are similar and bear a substantial relationship to any of
34 the foregoing offenses
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1 unless:
2 (i) the child is being cared for by a relative,
3 (ii) the Department has documented in the case plan
4 a compelling reason for determining that filing such
5 petition would not be in the best interests of the child,
6 (iii) the court has found within the preceding 12
7 months that the Department has failed to make reasonable
8 efforts to reunify the child and family, or
9 (iv) paragraph (c) of this subsection (4.5)
10 provides otherwise.
11 (b) For purposes of this subsection, the date of
12 entering foster care is defined as the earlier of:
13 (1) The date of a judicial finding at an
14 adjudicatory hearing that the child is an abused,
15 neglected, or dependent minor; or
16 (2) 60 days after the date on which the child is
17 removed from his or her parent, guardian, or legal
18 custodian.
19 (c) With respect to paragraph (a)(i), the following
20 transition rules shall apply:
21 (1) If the child entered foster care after November
22 19, 1997 and this amendatory Act of 1998 takes effect
23 before the child has been in foster care for 15 months of
24 the preceding 22 months, then the Department shall comply
25 with the requirements of paragraph (a) of this subsection
26 (4.5) for that child as soon as the child has been in
27 foster care for 15 of the preceding 22 months.
28 (2) If the child entered foster care after November
29 19, 1997 and this amendatory Act of 1998 takes effect
30 after the child has been in foster care for 15 of the
31 preceding 22 months, then the Department shall comply
32 with the requirements of paragraph (a) of this subsection
33 (4.5) for that child within 3 months after the end of the
34 next regular session of the General Assembly.
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1 (3) If the child entered foster care prior to
2 November 19, 1997, then the Department shall comply with
3 the requirements of paragraph (a) of this subsection
4 (4.5) for that child in accordance with Department policy
5 or rule.
6 (d) If the State's Attorney determines that the
7 Department's request for filing of a petition or motion
8 conforms to the requirements set forth in subdivisions (a),
9 (b), and (c) of this subsection (4.5), then the State's
10 Attorney shall file the petition or motion as requested.
11 (5) The court shall liberally allow the petitioner to
12 amend the petition to set forth a cause of action or to add,
13 amend, or supplement factual allegations that form the basis
14 for a cause of action up until 14 days before the
15 adjudicatory hearing. The petitioner may amend the petition
16 after that date and prior to the adjudicatory hearing if the
17 court grants leave to amend upon a showing of good cause. The
18 court may allow amendment of the petition to conform with the
19 evidence at any time prior to ruling. In all cases in which
20 the court has granted leave to amend based on new evidence or
21 new allegations, the court shall permit the respondent an
22 adequate opportunity to prepare a defense to the amended
23 petition.
24 (6) At any time before dismissal of the petition or
25 before final closing and discharge under Section 2-31, one or
26 more motions in the best interests of the minor may be filed.
27 The motion shall specify sufficient facts in support of the
28 relief requested.
29 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
30 P.A. 90-443); 90-28, eff. 1-1-98.)
31 (705 ILCS 405/2-13.1 new)
32 Sec. 2-13.1. Early termination of reasonable efforts.
33 (1) (a) In conjunction with, or at any time subsequent
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1 to, the filing of a petition on behalf of a minor in
2 accordance with Section 2-13 of this Act, the State's
3 Attorney, the guardian ad litem, or the Department of
4 Children and Family Services may file a motion requesting a
5 finding that reasonable efforts to reunify that minor with
6 his or her parent or parents are no longer required and are
7 to cease.
8 (b) The court shall grant this motion with respect to a
9 parent of the minor if the court finds after a hearing that
10 the parent has:
11 (i) had his or her parental rights to another child
12 of the parent involuntarily terminated; or
13 (ii) been convicted of:
14 (A) first degree or second degree murder of
15 another child of the parent;
16 (B) attempt or conspiracy to commit first
17 degree or second degree murder of another child of
18 the parent;
19 (C) solicitation to commit murder of another
20 child of the parent, solicitation to commit murder
21 for hire of another child of the parent, or
22 solicitation to commit second degree murder of
23 another child of the parent;
24 (D) aggravated battery, aggravated battery of
25 a child, or felony domestic battery, any of which
26 has resulted in serious bodily injury to the minor
27 or another child of the parent; or
28 (E) an offense in any other state the elements
29 of which are similar and bear substantial
30 relationship to any of the foregoing offenses
31 unless the court sets forth in writing a compelling reason
32 why terminating reasonable efforts to reunify the minor with
33 the parent would not be in the best interests of that minor.
34 (c) The court shall also grant this motion with respect
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1 to a parent of the minor if:
2 (i) after a hearing it determines that further
3 reunification services would no longer be appropriate,
4 and
5 (ii) a dispositional hearing has already taken
6 place.
7 (2) (a) The court shall hold a permanency hearing within
8 30 days of granting a motion pursuant to this subsection. If
9 an adjudicatory or a dispositional hearing, or both, has not
10 taken place when the court grants a motion pursuant to this
11 Section, then either or both hearings shall be held as needed
12 so that both take place on or before the date a permanency
13 hearing is held pursuant to this subsection.
14 (b) Following a permanency hearing held pursuant to
15 paragraph (a) of this subsection, the appointed custodian or
16 guardian of the minor shall make reasonable efforts to place
17 the child in accordance with the permanency plan and goal set
18 by the court, and to complete the necessary steps to locate
19 and finalize a permanent placement.
20 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
21 Sec. 2-14. Date for Adjudicatory Hearing.
22 (a) Purpose and policy. The legislature recognizes that
23 serious delay in the adjudication of abuse, neglect, or
24 dependency cases can cause grave harm to the minor and the
25 family and that it frustrates the health, safety and best
26 interests of the minor and the effort to establish permanent
27 homes for children in need. The purpose of this Section is
28 to insure that, consistent with the federal Adoption
29 Assistance and Child Welfare Act of 1980, Public Law 96-272,
30 as amended, and the intent of this Act, the State of Illinois
31 will act in a just and speedy manner to determine the best
32 interests of the minor, including providing for the safety of
33 the minor, identifying families in need, reunifying families
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1 where the minor can be cared for at home without endangering
2 the minor's health or safety and it is in the best interests
3 of the minor, and, if reunification is not consistent with
4 the health, safety and best interests of the minor, finding
5 another permanent home for the minor.
6 (b) When a petition is filed alleging that the minor is
7 abused, neglected or dependent, an adjudicatory hearing shall
8 be commenced within 90 days of the date of service of process
9 upon the minor, parents, any guardian and any legal
10 custodian, unless an earlier date is required pursuant to
11 Section 2-13.1. Once commenced, subsequent delay in the
12 proceedings may be allowed by the court when necessary to
13 ensure a fair hearing.
14 (c) Upon written motion of a party filed no later than
15 10 days prior to hearing, or upon the court's own motion and
16 only for good cause shown, the Court may continue the hearing
17 for a period not to exceed 30 days, and only if the
18 continuance is consistent with the health, safety and best
19 interests of the minor. When the court grants a continuance,
20 it shall enter specific factual findings to support its
21 order, including factual findings supporting the court's
22 determination that the continuance is in the best interests
23 of the minor. Only one such continuance shall be granted. A
24 period of continuance for good cause as described in this
25 Section shall temporarily suspend as to all parties, for the
26 time of the delay, the period within which a hearing must be
27 held. On the day of the expiration of the delay, the period
28 shall continue at the point at which it was suspended.
29 The term "good cause" as applied in this Section shall be
30 strictly construed and be in accordance with Supreme Court
31 Rule 231 (a) through (f). Neither stipulation by counsel nor
32 the convenience of any party constitutes good cause. If the
33 adjudicatory hearing is not heard within the time limits
34 required by subsection (b) or (c) of this Section, upon
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1 motion by any party the petition shall be dismissed without
2 prejudice.
3 (d) The time limits of this Section may be waived only
4 by consent of all parties and approval by the court.
5 (e) For all cases filed before July 1, 1991, an
6 adjudicatory hearing must, be held within 180 days of July 1,
7 1991.
8 (Source: P.A. 88-7; 90-28, eff. 1-1-98; 90-456, eff. 1-1-98;
9 revised 11-17-97.)
10 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
11 Sec. 2-15. Summons.
12 (1) When a petition is filed, the clerk of the court
13 shall issue a summons with a copy of the petition attached.
14 The summons shall be directed to the minor's legal guardian
15 or custodian and to each person named as a respondent in the
16 petition, except that summons need not be directed to a minor
17 respondent under 8 years of age for whom the court appoints a
18 guardian ad litem if the guardian ad litem appears on behalf
19 of the minor in any proceeding under this Act.
20 (2) The summons must contain a statement that the minor
21 or any of the respondents is entitled to have an attorney
22 present at the hearing on the petition, and that the clerk of
23 the court should be notified promptly if the minor or any
24 other respondent desires to be represented by an attorney but
25 is financially unable to employ counsel.
26 (3) The summons shall be issued under the seal of the
27 court, attested in and signed with the name of the clerk of
28 the court, dated on the day it is issued, and shall require
29 each respondent to appear and answer the petition on the date
30 set for the adjudicatory hearing. The summons shall contain
31 a notice that the parties will not be entitled to further
32 written notices or publication notices of proceedings in this
33 case, including the filing of an amended petition or a motion
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1 to terminate parental rights, except as required by Supreme
2 Court Rule 11.
3 (4) The summons may be served by any county sheriff,
4 coroner or probation officer, even though the officer is the
5 petitioner. The return of the summons with endorsement of
6 service by the officer is sufficient proof thereof.
7 (5) Service of a summons and petition shall be made by:
8 (a) leaving a copy thereof with the person summoned at least
9 3 days before the time stated therein for appearance; (b)
10 leaving a copy at his usual place of abode with some person
11 of the family, of the age of 10 years or upwards, and
12 informing that person of the contents thereof, provided the
13 officer or other person making service shall also send a copy
14 of the summons in a sealed envelope with postage fully
15 prepaid, addressed to the person summoned at his usual place
16 of abode, at least 3 days before the time stated therein for
17 appearance; or (c) leaving a copy thereof with the guardian
18 or custodian of a minor, at least 3 days before the time
19 stated therein for appearance. If the guardian or custodian
20 is an agency of the State of Illinois, proper service may be
21 made by leaving a copy of the summons and petition with any
22 administrative employee of such agency designated by such
23 agency to accept service of summons and petitions. The
24 certificate of the officer or affidavit of the person that he
25 has sent the copy pursuant to this Section is sufficient
26 proof of service.
27 (6) When a parent or other person, who has signed a
28 written promise to appear and bring the minor to court or who
29 has waived or acknowledged service, fails to appear with the
30 minor on the date set by the court, a bench warrant may be
31 issued for the parent or other person, the minor, or both.
32 (7) The appearance of the minor's legal guardian or
33 custodian, or a person named as a respondent in a petition,
34 in any proceeding under this Act shall constitute a waiver of
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1 service of summons and submission to the jurisdiction of the
2 court, except that the filing of a special appearance
3 authorized under Section 2-301 of the Code of Civil Procedure
4 does not constitute an appearance under this subsection. A
5 copy of the summons and petition shall be provided to the
6 person at the time of his appearance.
7 (8) Notice to a parent who has appeared or been served
8 with summons personally or by certified mail, and for whom an
9 order of default has been entered on the petition for
10 wardship and has not been set aside shall be provided in
11 accordance with Supreme Court Rule 11. Notice to a parent
12 who was served by publication and for whom an order of
13 default has been entered on the petition for wardship and has
14 not been set aside shall be provided in accordance with this
15 Section and Section 2-16.
16 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
17 (705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
18 Sec. 2-16. Notice by certified mail or publication.
19 (1) If service on individuals as provided in Section
20 2-15 is not made on any respondent within a reasonable time
21 or if it appears that any respondent resides outside the
22 State, service may be made by certified mail. In such case
23 the clerk shall mail the summons and a copy of the petition
24 to that respondent by certified mail marked for delivery to
25 addressee only. The court shall not proceed with the
26 adjudicatory hearing until 5 days after such mailing. The
27 regular return receipt for certified mail is sufficient proof
28 of service.
29 (2) Where a respondent's usual place of abode is not
30 known, a diligent inquiry shall be made to ascertain the
31 respondent's current and last known address. The Department
32 of Children and Family Services shall adopt rules defining
33 the requirements for conducting a diligent search to locate
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1 parents of minors in the custody of the Department. If, after
2 diligent inquiry made at any time within the preceding 12
3 months, the usual place of abode cannot be reasonably
4 ascertained, or if respondent is concealing his or her
5 whereabouts to avoid service of process, petitioner's
6 attorney shall file an affidavit at the office of the clerk
7 of court in which the action is pending showing that
8 respondent on due inquiry cannot be found or is concealing
9 his or her whereabouts so that process cannot be served. The
10 affidavit shall state the last known address of the
11 respondent. The affidavit shall also state what efforts were
12 made to effectuate service. Within 3 days of receipt of the
13 affidavit, the clerk shall issue publication service as
14 provided below. The clerk shall also send a copy thereof by
15 mail addressed to each respondent listed in the affidavit at
16 his or her last known address. The clerk of the court as soon
17 as possible shall cause publication to be made once in a
18 newspaper of general circulation in the county where the
19 action is pending. Notice by publication is not required in
20 any case when the person alleged to have legal custody of the
21 minor has been served with summons personally or by certified
22 mail, but the court may not enter any order or judgment
23 against any person who cannot be served with process other
24 than by publication unless notice by publication is given or
25 unless that person appears. When a minor has been sheltered
26 under Section 2-10 of this Act and summons has not been
27 served personally or by certified mail within 20 days from
28 the date of the order of court directing such shelter care,
29 the clerk of the court shall cause publication. Notice by
30 publication shall be substantially as follows:
31 "A, B, C, D, (here giving the names of the named
32 respondents, if any) and to All Whom It May Concern (if there
33 is any respondent under that designation):
34 Take notice that on the .... day of ...., 19.. a
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1 petition was filed under the Juvenile Court Act by .... in
2 the circuit court of .... county entitled 'In the interest of
3 ...., a minor', and that in .... courtroom at .... on the
4 .... day of .... at the hour of ...., or as soon thereafter
5 as this cause may be heard, an adjudicatory hearing will be
6 held upon the petition to have the child declared to be a
7 ward of the court under that Act. THE COURT HAS AUTHORITY IN
8 THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND GUARDIANSHIP
9 OF THE MINOR, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO
10 APPOINT A GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU
11 MAY LOSE ALL PARENTAL RIGHTS TO YOUR CHILD. IF THE PETITION
12 REQUESTS THE TERMINATION OF YOUR PARENTAL RIGHTS AND THE
13 APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
14 YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD. Unless you
15 appear you will not be entitled to further written notices or
16 publication notices of the proceedings in this case,
17 including the filing of an amended petition or a motion to
18 terminate parental rights.
19 Now, unless you appear at the hearing and show cause
20 against the petition, the allegations of the petition may
21 stand admitted as against you and each of you, and an order
22 or judgment entered.
23 ......................
24 Clerk
25 Dated (the date of publication)"
26 (3) The clerk shall also at the time of the publication
27 of the notice send a copy thereof by mail to each of the
28 respondents on account of whom publication is made at his or
29 her last known address. The certificate of the clerk that he
30 or she has mailed the notice is evidence thereof. No other
31 publication notice is required. Every respondent notified by
32 publication under this Section must appear and answer in open
33 court at the hearing. The court may not proceed with the
34 adjudicatory hearing until 10 days after service by
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1 publication on any parent, guardian or legal custodian in the
2 case of a minor described in Section 2-3 or 2-4.
3 (4) If it becomes necessary to change the date set for
4 the hearing in order to comply with Section 2-14 or with this
5 Section, notice of the resetting of the date must be given,
6 by certified mail or other reasonable means, to each
7 respondent who has been served with summons personally or by
8 certified mail.
9 (5) Notice to a parent who has appeared or been served
10 with summons personally or by certified mail, and for whom an
11 order of default has been entered on the petition for
12 wardship and has not been set aside shall be provided in
13 accordance with Supreme Court Rule 11. Notice to a parent
14 who was served by publication and for whom an order of
15 default has been entered on the petition for wardship and has
16 not been set aside shall be provided in accordance with this
17 Section and Section 2-15.
18 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
19 (705 ILCS 405/2-17.1)
20 Sec. 2-17.1. Court appointed special advocate.
21 (1) The court may appoint a special advocate upon the
22 filing of a petition under this Article or at any time during
23 the pendency of a proceeding under this Article. Except in
24 counties with a population over 3,000,000, the court
25 appointed special advocate may also serve as guardian ad
26 litem by appointment of the court under Section 2-17 of this
27 Act.
28 (2) The court appointed special advocate shall act as a
29 monitor and shall be notified of all administrative case
30 reviews pertaining to the minor and work with the parties'
31 attorneys, the guardian ad litem, and others assigned to the
32 minor's case to protect the minor's health, safety and best
33 interests and insure the proper delivery of child welfare
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1 services. The court may consider, at its discretion,
2 testimony of the court appointed special advocate pertaining
3 to the well-being of the child.
4 (3) Court appointed special advocates shall serve as
5 volunteers without compensation and shall receive training
6 consistent with nationally developed standards.
7 (4) No person convicted of a criminal offense as
8 specified in Section 4.2 of the Child Care Act of 1969 and no
9 person identified as a perpetrator of an act of child abuse
10 or neglect as reflected in the Department of Children and
11 Family Services State Central Register shall serve as a court
12 appointed special advocate.
13 (5) All costs associated with the appointment and duties
14 of the court appointed special advocate shall be paid by the
15 court appointed special advocate or an organization of court
16 appointed special advocates. In no event shall the court
17 appointed special advocate be liable for any costs of
18 services provided to the child.
19 (6) The court may remove the court appointed special
20 advocate or the guardian ad litem from a case upon finding
21 that the court appointed special advocate or the guardian ad
22 litem has acted in a manner contrary to the child's best
23 interest or if the court otherwise deems continued service is
24 unwanted or unnecessary.
25 (7) (a) In any county in which a program of court
26 appointed special advocates is in operation, the provisions
27 of this Section shall apply unless the county board of that
28 county, by resolution, determines that the county shall not
29 be governed by this Section.
30 (8) Any court appointed special advocate acting in good
31 faith within the scope of his or her appointment shall have
32 immunity from any civil or criminal liability that otherwise
33 might result by reason of his or her actions, except in cases
34 of willful and wanton misconduct. For the purpose of any
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1 civil or criminal proceedings, the good faith of any court
2 appointed special advocate shall be presumed.
3 (Source: P.A. 90-28, eff. 1-1-98.)
4 (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
5 Sec. 2-18. Evidence.
6 (1) At the adjudicatory hearing, the court shall first
7 consider only the question whether the minor is abused,
8 neglected or dependent. The standard of proof and the rules
9 of evidence in the nature of civil proceedings in this State
10 are applicable to proceedings under this Article. If the
11 petition also seeks the appointment of a guardian of the
12 person with power to consent to adoption of the minor under
13 Section 2-29, the court may also consider legally admissible
14 evidence at the adjudicatory hearing that one or more grounds
15 of unfitness exists under subdivision D of Section 1 of the
16 Adoption Act.
17 (2) In any hearing under this Act, the following shall
18 constitute prima facie evidence of abuse or neglect, as the
19 case may be:
20 (a) proof that a minor has a medical diagnosis of
21 battered child syndrome is prima facie evidence of abuse;
22 (b) proof that a minor has a medical diagnosis of
23 failure to thrive syndrome is prima facie evidence of
24 neglect;
25 (c) proof that a minor has a medical diagnosis of
26 fetal alcohol syndrome is prima facie evidence of
27 neglect;
28 (d) proof that a minor has a medical diagnosis at
29 birth of withdrawal symptoms from narcotics or
30 barbiturates is prima facie evidence of neglect;
31 (e) proof of injuries sustained by a minor or of
32 the condition of a minor of such a nature as would
33 ordinarily not be sustained or exist except by reason of
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1 the acts or omissions of the parent, custodian or
2 guardian of such minor shall be prima facie evidence of
3 abuse or neglect, as the case may be;
4 (f) proof that a parent, custodian or guardian of a
5 minor repeatedly used a drug, to the extent that it has
6 or would ordinarily have the effect of producing in the
7 user a substantial state of stupor, unconsciousness,
8 intoxication, hallucination, disorientation or
9 incompetence, or a substantial impairment of judgment, or
10 a substantial manifestation of irrationality, shall be
11 prima facie evidence of neglect;
12 (g) proof that a parent, custodian, or guardian of
13 a minor repeatedly used a controlled substance, as
14 defined in subsection (f) of Section 102 of the Illinois
15 Controlled Substances Act, in the presence of the minor
16 or a sibling of the minor is prima facie evidence of
17 neglect. "Repeated use", for the purpose of this
18 subsection, means more than one use of a controlled
19 substance as defined in subsection (f) of Section 102 of
20 the Illinois Controlled Substances Act;
21 (h) proof that a newborn infant's blood, urine, or
22 meconium contains any amount of a controlled substance as
23 defined in subsection (f) of Section 102 of the Illinois
24 Controlled Substances Act, or a metabolite of a
25 controlled substance, with the exception of controlled
26 substances or metabolites of those substances, the
27 presence of which is the result of medical treatment
28 administered to the mother or the newborn, is prime facie
29 evidence of neglect.
30 (3) In any hearing under this Act, proof of the abuse,
31 neglect or dependency of one minor shall be admissible
32 evidence on the issue of the abuse, neglect or dependency of
33 any other minor for whom the respondent is responsible.
34 (4) (a) Any writing, record, photograph or x-ray of any
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1 hospital or public or private agency, whether in the form of
2 an entry in a book or otherwise, made as a memorandum or
3 record of any condition, act, transaction, occurrence or
4 event relating to a minor in an abuse, neglect or dependency
5 proceeding, shall be admissible in evidence as proof of that
6 condition, act, transaction, occurrence or event, if the
7 court finds that the document was made in the regular course
8 of the business of the hospital or agency and that it was in
9 the regular course of such business to make it, at the time
10 of the act, transaction, occurrence or event, or within a
11 reasonable time thereafter. A certification by the head or
12 responsible employee of the hospital or agency that the
13 writing, record, photograph or x-ray is the full and complete
14 record of the condition, act, transaction, occurrence or
15 event and that it satisfies the conditions of this paragraph
16 shall be prima facie evidence of the facts contained in such
17 certification. A certification by someone other than the
18 head of the hospital or agency shall be accompanied by a
19 photocopy of a delegation of authority signed by both the
20 head of the hospital or agency and by such other employee.
21 All other circumstances of the making of the memorandum,
22 record, photograph or x-ray, including lack of personal
23 knowledge of the maker, may be proved to affect the weight to
24 be accorded such evidence, but shall not affect its
25 admissibility.
26 (b) Any indicated report filed pursuant to the Abused
27 and Neglected Child Reporting Act shall be admissible in
28 evidence.
29 (c) Previous statements made by the minor relating to
30 any allegations of abuse or neglect shall be admissible in
31 evidence. However, no such statement, if uncorroborated and
32 not subject to cross-examination, shall be sufficient in
33 itself to support a finding of abuse or neglect.
34 (d) There shall be a rebuttable presumption that a minor
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1 is competent to testify in abuse or neglect proceedings. The
2 court shall determine how much weight to give to the minor's
3 testimony, and may allow the minor to testify in chambers
4 with only the court, the court reporter and attorneys for the
5 parties present.
6 (e) The privileged character of communication between
7 any professional person and patient or client, except
8 privilege between attorney and client, shall not apply to
9 proceedings subject to this Article.
10 (f) Proof of the impairment of emotional health or
11 impairment of mental or emotional condition as a result of
12 the failure of the respondent to exercise a minimum degree of
13 care toward a minor may include competent opinion or expert
14 testimony, and may include proof that such impairment
15 lessened during a period when the minor was in the care,
16 custody or supervision of a person or agency other than the
17 respondent.
18 (5) In any hearing under this Act alleging neglect for
19 failure to provide education as required by law under
20 subsection (1) of Section 2-3, proof that a minor under 13
21 years of age who is subject to compulsory school attendance
22 under the School Code is a chronic truant as defined under
23 the School Code shall be prima facie evidence of neglect by
24 the parent or guardian in any hearing under this Act and
25 proof that a minor who is 13 years of age or older who is
26 subject to compulsory school attendance under the School Code
27 is a chronic truant shall raise a rebuttable presumption of
28 neglect by the parent or guardian. This subsection (5) shall
29 not apply in counties with 2,000,000 or more inhabitants.
30 (6) In any hearing under this Act, the court may take
31 judicial notice of prior sworn testimony or evidence admitted
32 in prior proceedings involving the same minor if (a) the
33 parties were either represented by counsel at such prior
34 proceedings or the right to counsel was knowingly waived and
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1 (b) the taking of judicial notice would not result in
2 admitting hearsay evidence at a hearing where it would
3 otherwise be prohibited.
4 (Source: P.A. 88-343; 89-704, eff. 8-16-97 (changed from
5 1-1-98 by P.A. 90-443).)
6 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
7 Sec. 2-21. Findings and adjudication.
8 (1) The court shall state for the record the manner in
9 which the parties received service of process and shall note
10 whether the return or returns of service, postal return
11 receipt or receipts for notice by certified mail, or
12 certificate or certificates of publication have been filed in
13 the court record. The court shall enter any appropriate
14 orders of default against any parent who has been properly
15 served in any manner and fails to appear.
16 No further service of process as defined in Sections 2-15
17 and 2-16 is required in any subsequent proceeding for a
18 parent who was properly served in any manner, except as
19 required by Supreme Court Rule 11.
20 The caseworker shall testify about the diligent search
21 conducted for the parent.
22 After hearing the evidence the court shall determine
23 whether or not the minor is abused, neglected, or dependent.
24 If it finds that the minor is not such a person, the court
25 shall order the petition dismissed and the minor discharged.
26 The court's determination of whether the minor is abused,
27 neglected, or dependent shall be stated in writing with the
28 factual basis supporting that determination.
29 If the court finds that the minor is abused, neglected,
30 or dependent, the court shall then determine and put in
31 writing the factual basis supporting that the determination,
32 and specify, to the extent possible, the acts or omissions or
33 both of each parent, guardian, or legal custodian that form
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1 the basis of the court's findings of whether the abuse,
2 neglect, or dependency is the result of physical abuse to the
3 minor inflicted by a parent, guardian, or legal custodian.
4 That finding shall appear in the order of the court.
5 If the court finds that the child has been abused,
6 neglected or dependent, the court shall admonish the parents
7 that they must cooperate with the Department of Children and
8 Family Services, comply with the terms of the service plan,
9 and correct the conditions that require the child to be in
10 care, or risk termination of parental rights.
11 If the court determines that a person has inflicted
12 physical or sexual abuse upon a minor, the court shall report
13 that determination to the Department of State Police, which
14 shall include that information in its report to the President
15 of the school board for a school district that requests a
16 criminal background investigation of that person as required
17 under Section 10-21.9 or 34-18.5 of the School Code.
18 (2) If, pursuant to subsection (1) of this Section, the
19 court determines and puts in writing the factual basis
20 supporting the determination that the minor is either abused
21 or neglected or dependent, the court shall then set a time
22 not later than 30 days after the entry of the finding for a
23 dispositional hearing (unless an earlier date is required
24 pursuant to Section 2-13.1) to be conducted under Section
25 2-22 at which hearing the court shall determine whether it is
26 consistent with the health, safety and best interests of the
27 minor and the public that he be made a ward of the court. To
28 assist the court in making this and other determinations at
29 the dispositional hearing, the court may order that an
30 investigation be conducted and a dispositional report be
31 prepared concerning the minor's physical and mental history
32 and condition, family situation and background, economic
33 status, education, occupation, history of delinquency or
34 criminality, personal habits, and any other information that
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1 may be helpful to the court. The dispositional hearing may
2 be continued once for a period not to exceed 30 days if the
3 court finds that such continuance is necessary to complete
4 the dispositional report.
5 (3) The time limits of this Section may be waived only
6 by consent of all parties and approval by the court, as
7 determined to be consistent with the health, safety and best
8 interests of the minor.
9 (4) For all cases adjudicated prior to July 1, 1991, for
10 which no dispositional hearing has been held prior to that
11 date, a dispositional hearing under Section 2-22 shall be
12 held within 90 days of July 1, 1991.
13 (5) The court may terminate the parental rights of a
14 parent at the initial dispositional hearing if all of the
15 following conditions are met:
16 (i) the original or amended petition contains a
17 request for termination of parental rights and
18 appointment of a guardian with power to consent to
19 adoption; and
20 (ii) the court has found by a preponderance of
21 evidence, introduced or stipulated to at an adjudicatory
22 hearing, that the child comes under the jurisdiction of
23 the court as an abused, neglected, or dependent minor
24 under Section 2-18; and
25 (iii) the court finds, on the basis of clear and
26 convincing evidence admitted at the adjudicatory hearing
27 that the parent is an unfit person under subdivision D of
28 Section 1 of the Adoption Act; and
29 (iv) the court determines in accordance with the
30 rules of evidence for dispositional proceedings, that:
31 (A) it is in the best interest of the minor
32 and public that the child be made a ward of the
33 court;
34 (A-5) reasonable efforts under subsection
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1 (l-1) of Section 5 of the Children and Family
2 Services Act are inappropriate or such efforts were
3 made and were unsuccessful; and
4 (B) termination of parental rights and
5 appointment of a guardian with power to consent to
6 adoption is in the best interest of the child
7 pursuant to Section 2-29.
8 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
9 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
10 eff. 8-16-97; 90-566, eff. 1-2-98.)
11 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
12 Sec. 2-22. Dispositional hearing; evidence; continuance.
13 (1) At the dispositional hearing, the court shall
14 determine whether it is in the best interests of the minor
15 and the public that he be made a ward of the court, and, if
16 he is to be made a ward of the court, the court shall
17 determine the proper disposition best serving the health,
18 safety and interests of the minor and the public. The court
19 also shall consider the permanency goal set for the minor,
20 the nature of the service plan for the minor and the services
21 delivered and to be delivered under the plan. All evidence
22 helpful in determining these questions, including oral and
23 written reports, may be admitted and may be relied upon to
24 the extent of its probative value, even though not competent
25 for the purposes of the adjudicatory hearing.
26 (2) Notice in compliance with Supreme Court Rule 11 must
27 be given to all parties-respondent prior to proceeding to a
28 dispositional hearing. Before making an order of disposition
29 the court shall advise the State's Attorney, the parents,
30 guardian, custodian or responsible relative or their counsel
31 of the factual contents and the conclusions of the reports
32 prepared for the use of the court and considered by it, and
33 afford fair opportunity, if requested, to controvert them.
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1 The court may order, however, that the documents containing
2 such reports need not be submitted to inspection, or that
3 sources of confidential information need not be disclosed
4 except to the attorneys for the parties. Factual contents,
5 conclusions, documents and sources disclosed by the court
6 under this paragraph shall not be further disclosed without
7 the express approval of the court pursuant to an in camera
8 hearing.
9 (3) A record of a prior continuance under supervision
10 under Section 2-20, whether successfully completed with
11 regard to the child's health, safety and best interest, or
12 not, is 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
17 consistent with the health, safety and best interests of the
18 minor, but in no event shall continuances be granted so that
19 the dispositional hearing occurs more than 6 months after the
20 initial removal of a minor from his or her home. In
21 scheduling investigations and hearings, the court shall give
22 priority to proceedings in which a minor has been removed
23 from his or her home before an order of disposition has been
24 made.
25 (5) Unless already set by the court, at the conclusion
26 of the dispositional hearing, the court shall set the date
27 for the first permanency hearing, to be conducted under
28 subsection (2) of Section 2-28 or subsection (c) of Section
29 2-28.01, which shall be held: (a) within 12 months from the
30 date temporary custody was taken, (b) if the parental rights
31 of both parents have been terminated in accordance with the
32 procedure described in subsection (5) of Section 2-21, within
33 30 days of the termination of parental rights and appointment
34 of a guardian with power to consent to adoption, or (c) in
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1 accordance with subsection (2) of Section 2-13.1 no later
2 than 12 months after the minor is taken into temporary
3 custody or in counties with a population over 3,000,000, no
4 later than 12 months after the minor is taken into temporary
5 custody.
6 (6) When the court declares a child to be a ward of the
7 court and awards guardianship to the Department of Children
8 and Family Services, (a) the court shall admonish the
9 parents, guardian, custodian or responsible relative that the
10 parents must cooperate with the Department of Children and
11 Family Services, comply with the terms of the service plans,
12 and correct the conditions which require the child to be in
13 care, or risk termination of their parental rights; and.
14 (b) the court shall inquire of the parties of any intent to
15 proceed with termination of parental rights of a parent:
16 (A) whose identity still remains unknown;
17 (B) whose whereabouts remain unknown; or
18 (C) who was found in default at the adjudicatory
19 hearing and has not obtained an order setting aside the
20 default in accordance with Section 2-1301 of the Code of
21 Civil Procedure.
22 (Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87,
23 eff. 9-1-97; revised 11-12-97.)
24 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
25 Sec. 2-23. Kinds of dispositional orders.
26 (1) The following kinds of orders of disposition may be
27 made in respect of wards of the court:
28 (a) A minor under 18 years of age found to be
29 neglected or abused under Section 2-3 or dependent under
30 Section 2-4 may be (1) continued in the custody of his or
31 her parents, guardian or legal custodian; (2) placed in
32 accordance with Section 2-27; (3) restored to the custody
33 of the parent, parents, guardian, or legal custodian,
SB1339 Enrolled -73- LRB9011267SMpk
1 provided the court shall order the parent, parents,
2 guardian, or legal custodian to cooperate with the
3 Department of Children and Family Services and comply
4 with the terms of an after-care plan or risk the loss of
5 custody of the child and the possible termination of
6 their parental rights; or (4) (3) ordered partially or
7 completely emancipated in accordance with the provisions
8 of the Emancipation of Mature Minors Act.
9 However, in any case in which a minor is found by
10 the court to be neglected or abused under Section 2-3 of
11 this Act, custody of the minor shall not be restored to
12 any parent, guardian or legal custodian whose acts or
13 omissions or both have been identified, pursuant to
14 subsection (1) of Section 2-21, as forming the basis for
15 the court's finding of abuse or neglect found by the
16 court to have caused the neglect or to have inflicted the
17 abuse on the minor, unless it is in the best interests of
18 the minor, until such time as a hearing is held on the
19 issue of the best interests of the minor and the fitness
20 of such parent, guardian or legal custodian to care for
21 the minor without endangering the minor's health or
22 safety, and the court enters an order that such parent,
23 guardian or legal custodian is fit to care for the minor.
24 (b) A minor under 18 years of age found to be
25 dependent under Section 2-4 may be (1) placed in
26 accordance with Section 2-27 or (2) ordered partially or
27 completely emancipated in accordance with the provisions
28 of the Emancipation of Mature Minors Act.
29 However, in any case in which a minor is found by
30 the court to be dependent under Section 2-4 of this Act
31 and the court has made a further finding under paragraph
32 (2) of Section 2-21 that such dependency is the result of
33 physical abuse, custody of the minor shall not be
34 restored to any parent, guardian or legal custodian whose
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1 acts or omissions or both have been identified, pursuant
2 to subsection (1) of Section 2-21, as forming the basis
3 for the court's finding of dependency, found by the court
4 to have inflicted physical abuse on the minor until such
5 time as a hearing is held on the issue of the fitness of
6 such parent, guardian or legal custodian to care for the
7 minor without endangering the minor's health or safety,
8 and the court enters an order that such parent, guardian
9 or legal custodian is fit to care for the minor.
10 (c) When the court awards guardianship to the
11 Department of Children and Family Services, the court
12 shall order the parents to cooperate with the Department
13 of Children and Family Services, comply with the terms of
14 the service plans, and correct the conditions that
15 require the child to be in care, or risk termination of
16 their parental rights.
17 (d) When the court orders a child restored to the
18 custody of the parent or parents, the court shall order
19 the parent or parents to cooperate with the Department of
20 Children and Family Services and comply with the terms of
21 an after-care plan, or risk the loss of custody of the
22 child and the possible termination of their parental
23 rights.
24 (2) Any order of disposition may provide for protective
25 supervision under Section 2-24 and may include an order of
26 protection under Section 2-25.
27 Unless the order of disposition expressly so provides, it
28 does not operate to close proceedings on the pending
29 petition, but is subject to modification, not inconsistent
30 with Section 2-28 or 2-28.01, whichever is applicable, until
31 final closing and discharge of the proceedings under Section
32 2-31.
33 (3) The court also shall enter any other orders
34 necessary to fulfill the service plan, including, but not
SB1339 Enrolled -75- LRB9011267SMpk
1 limited to, (i) orders requiring parties to cooperate with
2 services, (ii) restraining orders controlling the conduct of
3 any party likely to frustrate the achievement of the goal,
4 and (iii) visiting orders. Unless otherwise specifically
5 authorized by law, the court is not empowered under this
6 subsection (3) to order specific placements, specific
7 services, or specific service providers to be included in the
8 plan. If the court concludes that the Department of Children
9 and Family Services has abused its discretion in setting the
10 current service plan or permanency goal for the minor, the
11 court shall enter specific findings in writing based on the
12 evidence and shall enter an order for the Department to
13 develop and implement a new permanency goal and service plan
14 consistent with the court's findings. The new service plan
15 shall be filed with the court and served on all parties. The
16 court shall continue the matter until the new service plan is
17 filed.
18 (4) In addition to any other order of disposition, the
19 court may order any minor adjudicated neglected with respect
20 to his or her own injurious behavior to make restitution, in
21 monetary or non-monetary form, under the terms and conditions
22 of Section 5-5-6 of the Unified Code of Corrections, except
23 that the "presentence hearing" referred to therein shall be
24 the dispositional hearing for purposes of this Section. The
25 parent, guardian or legal custodian of the minor may pay some
26 or all of such restitution on the minor's behalf.
27 (5) Any order for disposition where the minor is
28 committed or placed in accordance with Section 2-27 shall
29 provide for the parents or guardian of the estate of such
30 minor to pay to the legal custodian or guardian of the person
31 of the minor such sums as are determined by the custodian or
32 guardian of the person of the minor as necessary for the
33 minor's needs. Such payments may not exceed the maximum
34 amounts provided for by Section 9.1 of the Children and
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1 Family Services Act.
2 (6) Whenever the order of disposition requires the minor
3 to attend school or participate in a program of training, the
4 truant officer or designated school official shall regularly
5 report to the court if the minor is a chronic or habitual
6 truant under Section 26-2a of the School Code.
7 (7) The court may terminate the parental rights of a
8 parent at the initial dispositional hearing if all of the
9 conditions in subsection (5) of Section 2-21 are met.
10 (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95;
11 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised 11-12-97.)
12 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
13 Sec. 2-27. Placement; legal custody or guardianship.
14 (1) If the court determines and puts in writing the
15 factual basis supporting the determination of whether the
16 parents, guardian, or legal custodian of a minor adjudged a
17 ward of the court are unfit or are unable, for some reason
18 other than financial circumstances alone, to care for,
19 protect, train or discipline the minor or are unwilling to do
20 so, and that the health, safety, and best interest of the
21 minor will be jeopardized if the minor remains in the custody
22 of his or her parents, guardian or custodian, the court may
23 at this hearing and at any later point:
24 (a) place the minor in the custody of a suitable
25 relative or other person as legal custodian or guardian;
26 (a-5) with the approval of the Department of
27 Children and Family Services, place the minor in the
28 subsidized guardianship of a suitable relative or other
29 person as legal guardian; "subsidized guardianship" means
30 a private guardianship arrangement for children for whom
31 the permanency goals of return home and adoption have
32 been ruled out and who meet the qualifications for
33 subsidized guardianship as defined by the Department of
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1 Children and Family Services in administrative rules;
2 (b) place the minor under the guardianship of a
3 probation officer;
4 (c) commit the minor to an agency for care or
5 placement, except an institution under the authority of
6 the Department of Corrections or of the Department of
7 Children and Family Services;
8 (d) commit the minor to the Department of Children
9 and Family Services for care and service; however, a
10 minor charged with a criminal offense under the Criminal
11 Code of 1961 or adjudicated delinquent shall not be
12 placed in the custody of or committed to the Department
13 of Children and Family Services by any court, except a
14 minor less than 13 years of age and committed to the
15 Department of Children and Family Services under Section
16 5-23 of this Act. The Department shall be given due
17 notice of the pendency of the action and the Guardianship
18 Administrator of the Department of Children and Family
19 Services shall be appointed guardian of the person of the
20 minor. Whenever the Department seeks to discharge a minor
21 from its care and service, the Guardianship Administrator
22 shall petition the court for an order terminating
23 guardianship. The Guardianship Administrator may
24 designate one or more other officers of the Department,
25 appointed as Department officers by administrative order
26 of the Department Director, authorized to affix the
27 signature of the Guardianship Administrator to documents
28 affecting the guardian-ward relationship of children for
29 whom he or she has been appointed guardian at such times
30 as he or she is unable to perform the duties of his or
31 her office. The signature authorization shall include but
32 not be limited to matters of consent of marriage,
33 enlistment in the armed forces, legal proceedings,
34 adoption, major medical and surgical treatment and
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1 application for driver's license. Signature
2 authorizations made pursuant to the provisions of this
3 paragraph shall be filed with the Secretary of State and
4 the Secretary of State shall provide upon payment of the
5 customary fee, certified copies of the authorization to
6 any court or individual who requests a copy.
7 (1.5) In making a determination under this Section, the
8 court shall also consider whether, based on health, safety,
9 and the best interests of the minor,
10 (a) appropriate services aimed at family
11 preservation and family reunification have been
12 unsuccessful in rectifying the conditions that have led
13 to a finding of unfitness or inability to care for,
14 protect, train, or discipline the minor, or
15 (b) no family preservation or family reunification
16 services would be appropriate,
17 and if the petition or amended petition contained an
18 allegation that the parent is an unfit person as defined in
19 subdivision (D) of Section 1 of the Adoption Act, and the
20 order of adjudication recites that parental unfitness was
21 established by clear and convincing evidence, the court
22 shall, when appropriate and in the best interest of the
23 minor, enter an order terminating parental rights and
24 appointing a guardian with power to consent to adoption in
25 accordance with Section 2-29.
26 When making a placement, the court, wherever possible,
27 shall require the Department of Children and Family Services
28 to select a person holding the same religious belief as that
29 of the minor or a private agency controlled by persons of
30 like religious faith of the minor and shall require the
31 Department to otherwise comply with Section 7 of the Children
32 and Family Services Act in placing the child. In addition,
33 whenever alternative plans for placement are available, the
34 court shall ascertain and consider, to the extent appropriate
SB1339 Enrolled -79- LRB9011267SMpk
1 in the particular case, the views and preferences of the
2 minor.
3 (2) When a minor is placed with a suitable relative or
4 other person pursuant to item (a) of subsection (1), the
5 court shall appoint him or her the legal custodian or
6 guardian of the person of the minor. When a minor is
7 committed to any agency, the court shall appoint the proper
8 officer or representative thereof as legal custodian or
9 guardian of the person of the minor. Legal custodians and
10 guardians of the person of the minor have the respective
11 rights and duties set forth in subsection (9) of Section 1-3
12 except as otherwise provided by order of court; but no
13 guardian of the person may consent to adoption of the minor
14 unless that authority is conferred upon him or her in
15 accordance with Section 2-29. An agency whose representative
16 is appointed guardian of the person or legal custodian of the
17 minor may place the minor in any child care facility, but the
18 facility must be licensed under the Child Care Act of 1969 or
19 have been approved by the Department of Children and Family
20 Services as meeting the standards established for such
21 licensing. No agency may place a minor adjudicated under
22 Sections 2-3 or 2-4 in a child care facility unless the
23 placement is in compliance with the rules and regulations for
24 placement under this Section promulgated by the Department of
25 Children and Family Services under Section 5 of the Children
26 and Family Services Act. Like authority and restrictions
27 shall be conferred by the court upon any probation officer
28 who has been appointed guardian of the person of a minor.
29 (3) No placement by any probation officer or agency
30 whose representative is appointed guardian of the person or
31 legal custodian of a minor may be made in any out of State
32 child care facility unless it complies with the Interstate
33 Compact on the Placement of Children. Placement with a
34 parent, however, is not subject to that Interstate Compact.
SB1339 Enrolled -80- LRB9011267SMpk
1 (4) The clerk of the court shall issue to the legal
2 custodian or guardian of the person a certified copy of the
3 order of court, as proof of his authority. No other process
4 is necessary as authority for the keeping of the minor.
5 (5) Custody or guardianship granted under this Section
6 continues until the court otherwise directs, but not after
7 the minor reaches the age of 19 years except as set forth in
8 Section 2-31.
9 (6) (Blank). At the dispositional hearing, the court
10 shall consider whether it is appropriate for a motion to be
11 filed to terminate parental rights and appoint a guardian
12 with power to consent to adoption with regard to a parent:
13 (A) whose identity still remains unknown;
14 (B) whose whereabouts remain unknown;
15 (C) who was found in default at the adjudicatory
16 hearing and has not obtained an order setting aside the
17 default in accordance with Section 2-1301 of the Code of
18 Civil Procedure.
19 Notice to a parent for whom an order of default has been
20 entered on the petition for wardship and has not been set
21 aside shall be provided in accordance with Sections 2-15 and
22 2-16. If a parent's identity or whereabouts are unknown, and
23 a diligent inquiry for such parent has been made at any time
24 within the preceding 12 months, no further inquiry is
25 required to support notice by publication.
26 If the court determines such a motion to be appropriate,
27 it may order the motion to be filed. The court, upon motion,
28 may enter an order terminating parental rights upon
29 appropriate finding and appoint a guardian with power to
30 consent to adoption in accordance with this subsection before
31 or at the first permanency hearing.
32 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff.
33 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
34 8-22-97; revised 11-17-97.)
SB1339 Enrolled -81- LRB9011267SMpk
1 (705 ILCS 405/2-27.1 new)
2 Sec. 2-27.1. Placement; secure child care facility.
3 (1) A minor under 18 years of age and who is subject
4 under Article II of this Act to a secure child care facility
5 may be admitted to a secure child care facility for inpatient
6 treatment upon application to the facility director if, prior
7 to admission, the facility director and the Director of the
8 Department of Children and Family Services or the Director's
9 designate find that: the minor has a mental illness or
10 emotional disturbance, including but not limited to a
11 behavior disorder, of such severity that placement in a
12 secure child care facility is necessary because in the
13 absence of such a placement, the minor is likely to endanger
14 self or others or not meet his or her basic needs and this
15 placement is the least restrictive alternative. Prior to
16 admission, a psychiatrist, clinical social worker, or
17 clinical psychologist who has personally examined the minor
18 shall state in writing that the minor meets the standards for
19 admission. The statement must set forth in detail the reasons
20 for that conclusion and shall indicate what alternatives to
21 secure treatment have been explored. When the minor is placed
22 in a child care facility which includes a secure child care
23 facility in addition to a less restrictive setting, and the
24 application for admission states that the minor will be
25 permanently placed in the less restrictive setting of the
26 child care facility as part of his or her permanency plan
27 after the need for secure treatment has ended, the
28 psychiatrist, clinical social worker, or clinical
29 psychologist shall state the reasons for the minor's need to
30 be placed in secure treatment, the conditions under which the
31 minor may be placed in the less restrictive setting of the
32 facility, and the conditions under which the minor may need
33 to be returned to secure treatment.
34 (2) The application for admission under this Section
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1 shall contain, in large bold-face type, a statement written
2 in simple non-technical terms of the minor's right to object
3 and the right to a hearing. A minor 12 years of age or older
4 must be given a copy of the application and the statement
5 should be explained to him or her in an understandable
6 manner. A copy of the application shall also be given to the
7 person who executed it, the designate of the Director of the
8 Department of Children and Family Services, the minor's
9 parent, the minor's attorney, and, if the minor is 12 years
10 of age or older, 2 other persons whom the minor may
11 designate, excluding persons whose whereabouts cannot
12 reasonably be ascertained.
13 (3) Thirty days after admission, the facility director
14 shall review the minor's record and assess the need for
15 continuing placement in a secure child care facility. When
16 the minor has been placed in a child care facility which
17 includes a secure child care facility in addition to a less
18 restrictive setting, and the application for admission states
19 that the minor will be permanently placed in the less
20 restrictive setting of the child care facility as part of his
21 or her permanency plan after the need for secure treatment
22 has ended, the facility director shall review the stated
23 reasons for the minor's need to be placed in secure
24 treatment, the conditions under which the minor may be placed
25 in the less restrictive setting of the facility, and the
26 conditions under which the minor may need to be returned to
27 secure treatment. The director of the facility shall consult
28 with the designate of the Director of the Department of
29 Children and Family Services and request authorization for
30 continuing placement of the minor. Request and authorization
31 should be noted in the minor's record. Every 60 days
32 thereafter a review shall be conducted and new authorization
33 shall be secured from the designate for as long as placement
34 continues. Failure or refusal to authorize continued
SB1339 Enrolled -83- LRB9011267SMpk
1 placement shall constitute a request for the minor's
2 discharge.
3 (4) At any time during a minor's placement in a secure
4 child care facility, an objection may be made to that
5 placement by the minor, the minor's parents (except where
6 parental rights have been terminated), the minor's guardian
7 ad litem, or the minor's attorney. When an objection is
8 made, the minor shall be discharged at the earliest
9 appropriate time not to exceed 15 days, including Saturdays,
10 Sundays, and holidays unless the objection is withdrawn in
11 writing or unless, within that time, the Director or his or
12 her designate files with the Court a petition for review of
13 the admission. The petition must be accompanied by a
14 certificate signed by a psychiatrist, clinical social worker,
15 or clinical psychologist. The certificate shall be based
16 upon a personal examination and shall specify that the minor
17 has a mental illness or an emotional disturbance of such
18 severity that placement in a secure facility is necessary,
19 that the minor can benefit from the placement, that a less
20 restrictive alternative is not appropriate, and that the
21 placement is in the minor's best interest.
22 (5) Upon receipt of a petition, the court shall set a
23 hearing to be held within 5 days, excluding Saturdays,
24 Sundays, and holidays. The court shall direct that notice of
25 the time and place of the hearing shall be served upon the
26 minor, his or her attorney and the minor's guardian ad litem,
27 the Director of the Department of Children and Family
28 Services or his or her designate, the State's Attorney, and
29 the attorney for the parents.
30 (6) The court shall order the minor discharged from the
31 secure child care facility if it determines that the minor
32 does not have a mental illness or emotional disturbance of
33 such severity that placement in a secure facility is
34 necessary, or if it determines that a less restrictive
SB1339 Enrolled -84- LRB9011267SMpk
1 alternative is appropriate.
2 (7) If however, the court finds that the minor does have
3 a mental illness or an emotional disturbance for which the
4 minor is likely to benefit from treatment but that a less
5 restrictive alternative is appropriate, the court shall order
6 that the Department of Children and Family Services prepare a
7 case plan for the minor which permits alternative treatment
8 which is capable of providing adequate and humane treatment
9 in the least restrictive setting that is appropriate to the
10 minor's condition and serves the minor's best interests, and
11 shall authorize the continued placement of the minor in the
12 secure child care facility. At each permanency hearing
13 conducted thereafter, the court shall determine whether the
14 minor does not have a mental illness or emotional disturbance
15 of such severity that placement in a secure facility is
16 necessary or, if a less restrictive alternative is
17 appropriate. If either of these 2 conditions are not met,
18 the court shall order the minor discharged from the secure
19 child care facility.
20 (8) Unwillingness or inability of the Department of
21 Children and Family Services to find a placement for the
22 minor shall not be grounds for the court's refusing to order
23 discharge of the minor.
24 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
25 Sec. 2-28. Court review in counties with a population
26 under 3,000,000.
27 (0.5) This Section applies in counties with a population
28 under 3,000,000.
29 (1) The court may require any legal custodian or
30 guardian of the person appointed under this Act to report
31 periodically to the court or may cite him into court and
32 require him or his agency, to make a full and accurate report
33 of his or its doings in behalf of the minor. The custodian
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1 or guardian, within 10 days after such citation, shall make
2 the report, either in writing verified by affidavit or orally
3 under oath in open court, or otherwise as the court directs.
4 Upon the hearing of the report the court may remove the
5 custodian or guardian and appoint another in his stead or
6 restore the minor to the custody of his parents or former
7 guardian or custodian. However, custody of the minor shall
8 not be restored to any parent, guardian or legal custodian in
9 any case in which the minor is found to be neglected or
10 abused under Section 2-3 or dependent under Section 2-4 of
11 this Act, unless the minor can be cared for at home without
12 endangering the minor's health or safety and it is in the
13 best interests of the minor, and if such neglect, or abuse,
14 or dependency is found by the court under paragraph (1) (2)
15 of Section 2-21 of this Act to have come about due to the
16 acts or omissions or both of be the result of physical abuse
17 inflicted on the minor by such parent, guardian or legal
18 custodian, until such time as an investigation is made as
19 provided in paragraph (5) and a hearing is held on the issue
20 of the fitness of such parent, guardian or legal custodian to
21 care for the minor and the court enters an order that such
22 parent, guardian or legal custodian is fit to care for the
23 minor.
24 (2) In counties under 3,000,000 population, The first
25 permanency hearing hearings shall be conducted by the judge.
26 In counties with a population of 3,000,000 or more, the first
27 permanency hearing shall be conducted by a judge. Subsequent
28 permanency hearings may be heard by a judge or by hearing
29 officers appointed or approved by the court in the manner set
30 forth in Section 2-28.1 of this Act. The initial hearing
31 shall be held (a) within 12 months from the date temporary
32 custody was taken, (b) if the parental rights of both parents
33 have been terminated in accordance with the procedure
34 described in subsection (5) of Section 2-21, within 30 days
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1 of the order for termination of parental rights and
2 appointment of a guardian with power to consent to adoption,
3 or (c) in accordance with subsection (2) of Section 2-13.1.
4 Subsequent permanency hearings shall be held every 6 months
5 or more frequently if necessary in the court's determination
6 following the initial permanency hearing, in accordance with
7 the standards set forth in this Section, until the court
8 determines that the plan and goal have been achieved. Once
9 the plan and goal have been achieved, if the minor remains in
10 substitute care, the case shall be reviewed at least every 6
11 months thereafter, subject to the provisions of this Section,
12 unless the minor is placed in the guardianship of a suitable
13 relative or other person and the court determines that
14 further monitoring by the court does not further the health,
15 safety or best interest of the child and that this is a
16 stable permanent placement. The permanency hearings must
17 occur within the time frames set forth in this subsection and
18 may not be delayed in anticipation of a report from any
19 source on or due to the agency's failure to timely file its
20 written report (this written report means the one required
21 under the next paragraph and does not mean the service plan
22 also referred to 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 (1) (2) of Section 2-21 of this Act to have
4 come about due to the acts or omissions or both of be the
5 result of physical abuse inflicted on the minor by such
6 parent, guardian or legal custodian, until such time as an
7 investigation is made as provided in paragraph (5) (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, any hearing officer
33 appointed after September 1, 1997, must be an attorney
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1 admitted to practice for at least 7 years. Once trained by
2 the court, hearing officers shall be authorized to do the
3 following:
4 (1) Conduct a fair and impartial hearing.
5 (2) Summon and compel the attendance of witnesses.
6 (3) Administer the oath or affirmation and take
7 testimony under oath or affirmation.
8 (4) Require the production of evidence relevant to
9 the permanency hearing to be conducted. That evidence
10 may include, but need not be limited to case plans,
11 social histories, medical and psychological evaluations,
12 child placement histories, visitation records, and other
13 documents and writings applicable to those items.
14 (5) Rule on the admissibility of evidence using the
15 standard applied at a dispositional hearing under Section
16 2-22 of this Act.
17 (6) When necessary, cause notices to be issued
18 requiring parties, the public agency that is custodian or
19 guardian of the minor, or another agency responsible for
20 the minor's care to appear either before the hearing
21 officer or in court.
22 (7) Analyze the evidence presented to the hearing
23 officer and prepare written recommended orders, including
24 findings of fact, based on the evidence.
25 (8) Prior to the hearing, conduct any pre-hearings
26 that may be necessary.
27 (9) Conduct in camera interviews with children when
28 requested by a child or the child's guardian ad litem.
29 In counties with a population of 3,000,000 or more, hearing
30 officers shall also be authorized to do the following:
31 (i) (1) (10) Accept specific consents for adoption
32 or surrenders of parental rights from a parent or
33 parents.
34 (ii) (2) (11) Conduct hearings on the progress made
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1 toward the permanency goal set for the minor.
2 (iii) (3) (12) Perform other duties as assigned by
3 the court.
4 (b) The hearing officer shall consider evidence and
5 conduct the permanency hearings as set forth in subsections
6 (2) and (3) of Section 2-28 or subsection (c) of Section
7 2-28.01 of this Act in accordance with the standards set
8 forth therein. The hearing officer shall assure that a
9 verbatim record of the proceedings is made and retained for a
10 period of 12 months or until the next permanency hearing,
11 whichever date is later, and shall direct to the clerk of the
12 court all documents and evidence to be made part of the court
13 file. The hearing officer shall inform the participants of
14 their individual rights and responsibilities. The hearing
15 officer shall identify the issues to be reviewed under
16 subsection (2) of Section 2-28 or subsection (c) of Section
17 2-28.01, consider all relevant facts, and receive or request
18 any additional information necessary to make recommendations
19 to the court.
20 If a party fails to appear at the hearing, the hearing
21 officer may proceed to the permanency hearing with the
22 parties present at the hearing. The hearing officer shall
23 specifically note for the court the absence of any parties.
24 If all parties are present at the permanency hearing, and the
25 parties and the Department are in agreement that the service
26 plan and permanency goal are appropriate or are in agreement
27 that the permanency goal for the child has been achieved, the
28 hearing officer shall prepare a recommended order, including
29 findings of fact, to be submitted to the court, and all
30 parties and the Department shall sign the recommended order
31 at the time of the hearing. The recommended order will then
32 be submitted to the court for its immediate consideration and
33 the entry of an appropriate order.
34 The court may enter an order consistent with the
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1 recommended order without further hearing or notice to the
2 parties, may refer the matter to the hearing officer for
3 further proceedings, or may hold such additional hearings as
4 the court deems necessary. All parties present at the
5 hearing and the Department shall be tendered a copy of the
6 court's order at the conclusion of the hearing.
7 (c) If one or more parties are not present at the
8 permanency hearing, or any party or the Department of
9 Children and Family Services objects to the hearing officer's
10 recommended order, including any findings of fact, the
11 hearing officer shall set the matter for a judicial
12 determination within 30 days of the permanency hearing for
13 the entry of the recommended order or for receipt of the
14 parties' objections. Any objections shall be in writing and
15 identify the specific findings or recommendations that are
16 contested, the basis for the objections, and the evidence or
17 applicable law supporting the objection. The recommended
18 order and its contents may not be disclosed to anyone other
19 than the parties and the Department or other agency unless
20 otherwise specifically ordered by a judge of the court.
21 Following the receipt of objections consistent with this
22 subsection from any party or the Department of Children and
23 Family Services to the hearing officer's recommended orders,
24 the court shall make a judicial determination of those
25 portions of the order to which objections were made, and
26 shall enter an appropriate order. The court may refuse to
27 review any objections that fail to meet the requirements of
28 this subsection.
29 (d) The following are judicial functions and shall be
30 performed only by a circuit judge or associate judge:
31 (1) Review of the recommended orders of the hearing
32 officer and entry of orders the court deems appropriate.
33 (2) Conduct of judicial hearings on all pre-hearing
34 motions and other matters that require a court order and
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1 entry of orders as the court deems appropriate.
2 (3) Conduct of judicial determinations on all
3 matters in which the parties or the Department of
4 Children and Family Services disagree with the hearing
5 officer's recommended orders under subsection (3).
6 (4) Issuance of rules to show cause, conduct of
7 contempt proceedings, and imposition of appropriate
8 sanctions or relief.
9 (Source: P.A. 89-17, eff. 5-31-95; 90-27, eff. 1-1-98; 90-28,
10 eff. 1-1-98; 90-87, eff. 9-1-97; revised 11-12-97.)
11 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
12 Sec. 2-29. Adoption; appointment of guardian with power
13 to consent.
14 (1) With leave of the court, a minor who is the subject
15 of an abuse, neglect, or dependency petition under this Act
16 may be the subject of a petition for adoption under the
17 Adoption Act.
18 (1.1) The parent or parents of a child in whose interest
19 a petition under Section 2-13 of this Act is pending may, in
20 the manner required by the Adoption Act, (a) surrender him or
21 her for adoption to an agency legally authorized or licensed
22 to place children for adoption, (b) consent to his or her
23 adoption, or (c) consent to his or her adoption by a
24 specified person or persons. Nothing in this Section requires
25 that the parent or parents execute the surrender, consent, or
26 consent to adoption by a specified person in open court.
27 (2) If a petition or motion alleges and the court finds
28 that it is in the best interest of the minor that parental
29 rights be terminated and the petition or motion requests that
30 a guardian of the person be appointed and authorized to
31 consent to the adoption of the minor, the court, with the
32 consent of the parents, if living, or after finding, based
33 upon clear and convincing evidence, that a parent is an unfit
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1 person as defined in Section 1 of the Adoption Act, may
2 terminate parental rights and empower the guardian of the
3 person of the minor, in the order appointing him or her as
4 such guardian, to appear in court where any proceedings for
5 the adoption of the minor may at any time be pending and to
6 consent to the adoption. Such consent is sufficient to
7 authorize the court in the adoption proceedings to enter a
8 proper order or judgment of adoption without further notice
9 to, or consent by, the parents of the minor. An order so
10 empowering the guardian to consent to adoption deprives the
11 parents of the minor of all legal rights as respects the
12 minor and relieves them of all parental responsibility for
13 him or her, and frees the minor from all obligations of
14 maintenance and obedience to his or her natural parents.
15 If the minor is over 14 years of age, the court may, in
16 its discretion, consider the wishes of the minor in
17 determining whether the best interests of the minor would be
18 promoted by the finding of the unfitness of a non-consenting
19 parent.
20 (2.1) Notice to a parent who has appeared or been served
21 with summons personally or by certified mail, and for whom an
22 order of default has been entered on the petition for
23 wardship and has not been set aside shall be provided in
24 accordance with Supreme Court Rule 11. Notice to a parent
25 who was served by publication and for whom an order of
26 default has been entered on the petition for wardship and has
27 not been set aside shall be provided in accordance with
28 Sections 2-15 and 2-16.
29 (3) Parental consent to the order terminating parental
30 rights and authorizing the guardian of the person to consent
31 to adoption of the minor shall be made in open court whenever
32 possible and otherwise must be in writing and signed in the
33 form provided in the Adoption Act, but no names of
34 petitioners for adoption need be included.
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1 (4) A finding of the unfitness of a parent must be made
2 in compliance with the Adoption Act, without regard to the
3 likelihood that the child will be placed for adoption, and be
4 based upon clear and convincing evidence. Provisions of the
5 Adoption Act relating to minor parents and to mentally ill or
6 mentally deficient parents apply to proceedings under this
7 Section and any findings with respect to such parents shall
8 be based upon clear and convincing evidence.
9 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
10 P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97.)
11 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
12 Sec. 2-31. Duration of wardship and discharge of
13 proceedings.
14 (1) All proceedings under this Act in respect of any
15 minor for whom a petition was filed after the effective date
16 of this amendatory Act of 1991 automatically terminate upon
17 his attaining the age of 19 years, except that a court may
18 continue the wardship of a minor until age 21 for good cause
19 when there is satisfactory evidence presented to the court
20 and the court makes written factual findings that the health,
21 safety, and best interest of the minor and the public require
22 the continuation of the wardship.
23 (2) Whenever the court determines, and makes written
24 factual findings, that health, safety, and the best interests
25 of the minor and the public no longer require the wardship of
26 the court, the court shall order the wardship terminated and
27 all proceedings under this Act respecting that minor finally
28 closed and discharged. The court may at the same time
29 continue or terminate any custodianship or guardianship
30 theretofore ordered but the termination must be made in
31 compliance with Section 2-28 or 2-28.01, whichever is
32 applicable.
33 (3) The wardship of the minor and any custodianship or
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1 guardianship respecting the minor for whom a petition was
2 filed after the effective date of this amendatory Act of 1991
3 automatically terminates when he attains the age of 19 years
4 except as set forth in subsection (1) of this Section. The
5 clerk of the court shall at that time record all proceedings
6 under this Act as finally closed and discharged for that
7 reason.
8 (Source: P.A. 90-28, eff. 1-1-98; revised 11-12-97.)
9 (705 ILCS 405/2-32)
10 Sec. 2-32. Time limit for relief from final order
11 pursuant to a petition under Section 2-1401 of the Code of
12 Civil Procedure. A petition for relief from a final order
13 entered in a proceeding under this Act, after 30 days from
14 the entry thereof under the provisions of Section 2-1401 of
15 the Code of Civil Procedure or otherwise, must be filed not
16 later than one year after the entry of the order or judgment.
17 (Source: P.A. 90-27, eff. 1-1-98.)
18 (705 ILCS 405/2-33 new)
19 Sec. 2-33. Supplemental petition to reinstate wardship.
20 (1) Any time prior to a minor's 18th birthday, pursuant
21 to a supplemental petition filed under this Section, the
22 court may reinstate wardship and open a previously closed
23 case when:
24 (a) wardship and guardianship under the Juvenile
25 Court Act of 1987 was vacated in conjunction with the
26 appointment of a private guardian under the Probate Act
27 of 1975;
28 (b) the minor is not presently a ward of the court
29 under Article II of this Act nor is there a petition for
30 adjudication of wardship pending on behalf of the minor;
31 and
32 (c) it is in the minor's best interest that
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1 wardship be reinstated.
2 (2) The supplemental petition must be filed in the same
3 proceeding in which the original adjudication order was
4 entered. Unless excused by court for good cause shown, the
5 petitioner shall give notice of the time and place of the
6 hearing on the supplemental petition, in person or by mail,
7 to the minor, if the minor is 14 years of age or older, and
8 to the parties to the juvenile court proceeding. Notice
9 shall be provided at least 3 court days in advance of the
10 hearing date.
11 (705 ILCS 405/2-28.01 rep.)
12 Section 32. The Juvenile Court Act of 1987 is amended by
13 repealing Section 2-28.01.
14 Section 35. The Mental Health and Developmental
15 Disabilities Confidentiality Act is amended by changing
16 Sections 7.1 and 10 as follows:
17 (740 ILCS 110/7.1)
18 Sec. 7.1. Interagency disclosures.
19 (a) Nothing in this Act shall be construed to prevent
20 the interagency disclosure of the name, social security
21 number, and information concerning services rendered,
22 currently being rendered, or proposed to be rendered
23 regarding a recipient of services. This disclosure may be
24 made only between agencies or departments of the State
25 including, but not limited to: (i) the Department of Human
26 Services, (ii) the Department of Public Aid, (iii) the
27 Department of Public Health, and (iv) the State Board of
28 Education, and (v) the Department of Children and Family
29 Services for the purpose of a diligent search for a missing
30 parent pursuant to Sections 2-15 and 2-16 of the Juvenile
31 Court Act of 1987 if the Department of Children and Family
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1 Services has reason to believe the parent is residing in a
2 mental health facility, when one or more agencies or
3 departments of the State have entered into a prior
4 interagency agreement, memorandum of understanding, or
5 similar agreement to jointly provide or cooperate in the
6 provision of or funding of mental health or developmental
7 disabilities services.
8 The Department of Children and Family Services shall not
9 redisclose the information received under this Section other
10 than for purposes of service provision or as necessary for
11 proceedings under the Juvenile Court Act of 1987.
12 (b) This Section applies to, but is not limited to,
13 interagency disclosures under interagency agreements entered
14 into in compliance with the Early Intervention Services
15 System Act.
16 (c) Information disclosed under this Section shall be
17 for the limited purpose of coordinating State efforts in
18 providing efficient interagency service systems and avoiding
19 duplication of interagency services.
20 (d) Information disclosed under this Section shall be
21 limited to the recipient's name, address, social security
22 number or other individually assigned identifying number, or
23 information generally descriptive of services rendered or to
24 be rendered. The disclosure of individual clinical or
25 treatment records or other confidential information is not
26 authorized by this Section.
27 (Source: P.A. 88-484; 89-507, eff. 7-1-97.)
28 (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
29 (Text of Section WITH the changes made by P.A. 89-7,
30 which has been held unconstitutional)
31 Sec. 10. Disclosure in civil, criminal, and other
32 proceedings.
33 (a) Except as provided herein, in any civil, criminal,
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1 administrative, or legislative proceeding, or in any
2 proceeding preliminary thereto, a recipient, and a therapist
3 on behalf and in the interest of a recipient, has the
4 privilege to refuse to disclose and to prevent the disclosure
5 of the recipient's record or communications.
6 (1) Records and communications may be disclosed in
7 a civil, criminal or administrative proceeding in which
8 the recipient introduces his mental condition or any
9 aspect of his services received for such condition as an
10 element of his claim or defense, if and only to the
11 extent the court in which the proceedings have been
12 brought, or, in the case of an administrative proceeding,
13 the court to which an appeal or other action for review
14 of an administrative determination may be taken, finds,
15 after in camera examination of testimony or other
16 evidence, that it is relevant, probative, not unduly
17 prejudicial or inflammatory, and otherwise clearly
18 admissible; that other satisfactory evidence is
19 demonstrably unsatisfactory as evidence of the facts
20 sought to be established by such evidence; and that
21 disclosure is more important to the interests of
22 substantial justice than protection from injury to the
23 therapist-recipient relationship or to the recipient or
24 other whom disclosure is likely to harm. Except in a
25 criminal proceeding in which the recipient, who is
26 accused in that proceeding, raises the defense of
27 insanity, no record or communication between a therapist
28 and a recipient shall be deemed relevant for purposes of
29 this subsection, except the fact of treatment, the cost
30 of services and the ultimate diagnosis unless the party
31 seeking disclosure of the communication clearly
32 establishes in the trial court a compelling need for its
33 production. However, for purposes of this Act, in any
34 action brought or defended under the Illinois Marriage
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1 and Dissolution of Marriage Act, or in any action in
2 which pain and suffering is an element of the claim,
3 mental condition shall not be deemed to be introduced
4 merely by making such claim and shall be deemed to be
5 introduced only if the recipient or a witness on his
6 behalf first testifies concerning the record or
7 communication.
8 (2) Records or communications may be disclosed in a
9 civil proceeding after the recipient's death when the
10 recipient's physical or mental condition has been
11 introduced as an element of a claim or defense by any
12 party claiming or defending through or as a beneficiary
13 of the recipient, provided the court finds, after in
14 camera examination of the evidence, that it is relevant,
15 probative, and otherwise clearly admissible; that other
16 satisfactory evidence is not available regarding the
17 facts sought to be established by such evidence; and that
18 disclosure is more important to the interests of
19 substantial justice than protection from any injury which
20 disclosure is likely to cause.
21 (3) In the event of a claim made or an action filed
22 by a recipient, or, following the recipient's death, by
23 any party claiming as a beneficiary of the recipient for
24 injury caused in the course of providing services to that
25 recipient, the therapist may testify as to pertinent
26 records or communications in any administrative, judicial
27 or discovery proceeding for the purpose of preparing and
28 presenting a defense against the claim or action.
29 (3.1) A therapist has the right to communicate at
30 any time and in any fashion with his or her own counsel
31 or professional liability insurance carrier, or both,
32 concerning any care or treatment he or she provided, or
33 assisted in providing, to any patient.
34 (3.2) A therapist has the right to communicate at
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1 any time and in any fashion with his or her present or
2 former employer, principal, partner, professional
3 corporation, or professional liability insurance carrier,
4 or counsel for any of those entities, concerning any care
5 or treatment he or she provided, or assisted in
6 providing, to any patient within the scope of his or her
7 employment, affiliation, or other agency with the
8 employer, principal, partner, or professional
9 corporation.
10 (4) Records and communications made to or by a
11 therapist in the course of examination ordered by a court
12 for good cause shown may, if otherwise relevant and
13 admissible, be disclosed in a civil, criminal, or
14 administrative proceeding in which the recipient is a
15 party or in appropriate pretrial proceedings, provided
16 such court has found that the recipient has been as
17 adequately and as effectively as possible informed before
18 submitting to such examination that such records and
19 communications would not be considered confidential or
20 privileged. Such records and communications shall be
21 admissible only as to issues involving the recipient's
22 physical or mental condition and only to the extent that
23 these are germane to such proceedings.
24 (5) Records and communications may be disclosed in
25 a proceeding under the Probate Act of 1975, to determine
26 a recipient's competency or need for guardianship,
27 provided that the disclosure is made only with respect to
28 that issue.
29 (6) Records and communications may be disclosed
30 when such are made during treatment which the recipient
31 is ordered to undergo to render him fit to stand trial on
32 a criminal charge, provided that the disclosure is made
33 only with respect to the issue of fitness to stand trial.
34 (7) Records and communications of the recipient may
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1 be disclosed in any civil or administrative proceeding
2 involving the validity of or benefits under a life,
3 accident, health or disability insurance policy or
4 certificate, or Health Care Service Plan Contract,
5 insuring the recipient, but only if and to the extent
6 that the recipient's mental condition, or treatment or
7 services in connection therewith, is a material element
8 of any claim or defense of any party, provided that
9 information sought or disclosed shall not be redisclosed
10 except in connection with the proceeding in which
11 disclosure is made.
12 (8) Records or communications may be disclosed when
13 such are relevant to a matter in issue in any action
14 brought under this Act and proceedings preliminary
15 thereto, provided that any information so disclosed shall
16 not be utilized for any other purpose nor be redisclosed
17 except in connection with such action or preliminary
18 proceedings.
19 (9) Records and communications of the recipient may
20 be disclosed in investigations of and trials for homicide
21 when the disclosure relates directly to the fact or
22 immediate circumstances of the homicide.
23 (10) Records and communications of a deceased
24 recipient may be disclosed to a coroner conducting a
25 preliminary investigation into the recipient's death
26 under Section 3-3013 of the Counties Code. However,
27 records and communications of the deceased recipient
28 disclosed in an investigation shall be limited solely to
29 the deceased recipient's records and communications
30 relating to the factual circumstances of the incident
31 being investigated in a mental health facility.
32 (11) Records and communications of a recipient
33 shall be disclosed in a proceeding where a petition or
34 motion is filed under the Juvenile Court Act of 1987 and
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1 the recipient is named as a parent, guardian, or legal
2 custodian of a minor who is the subject of a petition for
3 wardship as described in Section 2-3 of that Act or a
4 minor who is the subject of a petition for wardship as
5 described in Section 2-4 of that Act alleging the minor
6 is abused, neglected, or dependent or the recipient is
7 named as a parent of a child who is the subject of a
8 petition, supplemental petition, or motion to appoint a
9 guardian with the power to consent to adoption under
10 Section 2-29 of the Juvenile Court Act of 1987.
11 (b) Before a disclosure is made under subsection (a),
12 any party to the proceeding or any other interested person
13 may request an in camera review of the record or
14 communications to be disclosed. The court or agency
15 conducting the proceeding may hold an in camera review on its
16 own motion, except that this provision does not apply to
17 paragraph (3.1) of subsection (a) (regarding consultations
18 between a therapist and his or her own counsel or
19 professional liability insurance carrier) or paragraph (3.2)
20 of subsection (a) (regarding consultations between a
21 therapist and his or her employer, principal, partner,
22 professional corporation, or professional liability insurance
23 carrier, or counsel for any of those entities). When,
24 contrary to the express wish of the recipient, the therapist
25 asserts a privilege on behalf and in the interest of a
26 recipient, the court may require that the therapist, in an in
27 camera hearing, establish that disclosure is not in the best
28 interest of the recipient. The court or agency may prevent
29 disclosure or limit disclosure to the extent that other
30 admissible evidence is sufficient to establish the facts in
31 issue, except that a court may not prevent or limit
32 disclosures between a therapist and his or her own counsel or
33 between a therapist and his or her employer, principal,
34 partner, professional corporation, or professional liability
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1 insurance carrier, or counsel for any of those entities. The
2 court or agency may enter such orders as may be necessary in
3 order to protect the confidentiality, privacy, and safety of
4 the recipient or of other persons. Any order to disclose or
5 to not disclose shall be considered a final order for
6 purposes of appeal and shall be subject to interlocutory
7 appeal.
8 (c) A recipient's records and communications may be
9 disclosed to a duly authorized committee, commission or
10 subcommittee of the General Assembly which possesses subpoena
11 and hearing powers, upon a written request approved by a
12 majority vote of the committee, commission or subcommittee
13 members. The committee, commission or subcommittee may
14 request records only for the purposes of investigating or
15 studying possible violations of recipient rights. The
16 request shall state the purpose for which disclosure is
17 sought.
18 The facility shall notify the recipient, or his guardian,
19 and therapist in writing of any disclosure request under this
20 subsection within 5 business days after such request. Such
21 notification shall also inform the recipient, or guardian,
22 and therapist of their right to object to the disclosure
23 within 10 business days after receipt of the notification and
24 shall include the name, address and telephone number of the
25 committee, commission or subcommittee member or staff person
26 with whom an objection shall be filed. If no objection has
27 been filed within 15 business days after the request for
28 disclosure, the facility shall disclose the records and
29 communications to the committee, commission or subcommittee.
30 If an objection has been filed within 15 business days after
31 the request for disclosure, the facility shall disclose the
32 records and communications only after the committee,
33 commission or subcommittee has permitted the recipient,
34 guardian or therapist to present his objection in person
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1 before it and has renewed its request for disclosure by a
2 majority vote of its members.
3 Disclosure under this subsection shall not occur until
4 all personally identifiable data of the recipient and
5 provider are removed from the records and communications.
6 Disclosure under this subsection shall not occur in any
7 public proceeding.
8 (d) No party to any proceeding described under
9 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
10 of this Section, nor his or her attorney, shall serve a
11 subpoena seeking to obtain access to records or
12 communications under this Act unless the subpoena is
13 accompanied by a written order issued by a judge, authorizing
14 the disclosure of the records or the issuance of the
15 subpoena. No person shall comply with a subpoena for records
16 or communications under this Act, unless the subpoena is
17 accompanied by a written order authorizing the issuance of
18 the subpoena or the disclosure of the records.
19 This amendatory Act of 1995 applies to causes of action
20 filed on or after its effective date.
21 (Source: P.A. 89-7, eff. 3-9-95.)
22 (Text of Section WITHOUT the changes made by P.A. 89-7,
23 which has been held unconstitutional)
24 Sec. 10. (a) Except as provided herein, in any civil,
25 criminal, administrative, or legislative proceeding, or in
26 any proceeding preliminary thereto, a recipient, and a
27 therapist on behalf and in the interest of a recipient, has
28 the privilege to refuse to disclose and to prevent the
29 disclosure of the recipient's record or communications.
30 (1) Records and communications may be disclosed in
31 a civil, criminal or administrative proceeding in which
32 the recipient introduces his mental condition or any
33 aspect of his services received for such condition as an
34 element of his claim or defense, if and only to the
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1 extent the court in which the proceedings have been
2 brought, or, in the case of an administrative proceeding,
3 the court to which an appeal or other action for review
4 of an administrative determination may be taken, finds,
5 after in camera examination of testimony or other
6 evidence, that it is relevant, probative, not unduly
7 prejudicial or inflammatory, and otherwise clearly
8 admissible; that other satisfactory evidence is
9 demonstrably unsatisfactory as evidence of the facts
10 sought to be established by such evidence; and that
11 disclosure is more important to the interests of
12 substantial justice than protection from injury to the
13 therapist-recipient relationship or to the recipient or
14 other whom disclosure is likely to harm. Except in a
15 criminal proceeding in which the recipient, who is
16 accused in that proceeding, raises the defense of
17 insanity, no record or communication between a therapist
18 and a recipient shall be deemed relevant for purposes of
19 this subsection, except the fact of treatment, the cost
20 of services and the ultimate diagnosis unless the party
21 seeking disclosure of the communication clearly
22 establishes in the trial court a compelling need for its
23 production. However, for purposes of this Act, in any
24 action brought or defended under the Illinois Marriage
25 and Dissolution of Marriage Act, or in any action in
26 which pain and suffering is an element of the claim,
27 mental condition shall not be deemed to be introduced
28 merely by making such claim and shall be deemed to be
29 introduced only if the recipient or a witness on his
30 behalf first testifies concerning the record or
31 communication.
32 (2) Records or communications may be disclosed in a
33 civil proceeding after the recipient's death when the
34 recipient's physical or mental condition has been
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1 introduced as an element of a claim or defense by any
2 party claiming or defending through or as a beneficiary
3 of the recipient, provided the court finds, after in
4 camera examination of the evidence, that it is relevant,
5 probative, and otherwise clearly admissible; that other
6 satisfactory evidence is not available regarding the
7 facts sought to be established by such evidence; and that
8 disclosure is more important to the interests of
9 substantial justice than protection from any injury which
10 disclosure is likely to cause.
11 (3) In the event of a claim made or an action filed
12 by a recipient, or, following the recipient's death, by
13 any party claiming as a beneficiary of the recipient for
14 injury caused in the course of providing services to such
15 recipient, the therapist and other persons whose actions
16 are alleged to have been the cause of injury may disclose
17 pertinent records and communications to an attorney or
18 attorneys engaged to render advice about and to provide
19 representation in connection with such matter and to
20 persons working under the supervision of such attorney or
21 attorneys, and may testify as to such records or
22 communication in any administrative, judicial or
23 discovery proceeding for the purpose of preparing and
24 presenting a defense against such claim or action.
25 (4) Records and communications made to or by a
26 therapist in the course of examination ordered by a court
27 for good cause shown may, if otherwise relevant and
28 admissible, be disclosed in a civil, criminal, or
29 administrative proceeding in which the recipient is a
30 party or in appropriate pretrial proceedings, provided
31 such court has found that the recipient has been as
32 adequately and as effectively as possible informed before
33 submitting to such examination that such records and
34 communications would not be considered confidential or
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1 privileged. Such records and communications shall be
2 admissible only as to issues involving the recipient's
3 physical or mental condition and only to the extent that
4 these are germane to such proceedings.
5 (5) Records and communications may be disclosed in
6 a proceeding under the Probate Act of 1975, to determine
7 a recipient's competency or need for guardianship,
8 provided that the disclosure is made only with respect to
9 that issue.
10 (6) Records and communications may be disclosed
11 when such are made during treatment which the recipient
12 is ordered to undergo to render him fit to stand trial on
13 a criminal charge, provided that the disclosure is made
14 only with respect to the issue of fitness to stand trial.
15 (7) Records and communications of the recipient may
16 be disclosed in any civil or administrative proceeding
17 involving the validity of or benefits under a life,
18 accident, health or disability insurance policy or
19 certificate, or Health Care Service Plan Contract,
20 insuring the recipient, but only if and to the extent
21 that the recipient's mental condition, or treatment or
22 services in connection therewith, is a material element
23 of any claim or defense of any party, provided that
24 information sought or disclosed shall not be redisclosed
25 except in connection with the proceeding in which
26 disclosure is made.
27 (8) Records or communications may be disclosed when
28 such are relevant to a matter in issue in any action
29 brought under this Act and proceedings preliminary
30 thereto, provided that any information so disclosed shall
31 not be utilized for any other purpose nor be redisclosed
32 except in connection with such action or preliminary
33 proceedings.
34 (9) Records and communications of the recipient may
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1 be disclosed in investigations of and trials for homicide
2 when the disclosure relates directly to the fact or
3 immediate circumstances of the homicide.
4 (10) Records and communications of a deceased
5 recipient may be disclosed to a coroner conducting a
6 preliminary investigation into the recipient's death
7 under Section 3-3013 of the Counties Code. However,
8 records and communications of the deceased recipient
9 disclosed in an investigation shall be limited solely to
10 the deceased recipient's records and communications
11 relating to the factual circumstances of the incident
12 being investigated in a mental health facility.
13 (11) Records and communications of a recipient
14 shall be disclosed in a proceeding where a petition or
15 motion is filed under the Juvenile Court Act of 1987 and
16 the recipient is named as a parent, guardian, or legal
17 custodian of a minor who is the subject of a petition for
18 wardship as described in Section 2-3 of that Act or a
19 minor who is the subject of a petition for wardship as
20 described in Section 2-4 of that Act alleging the minor
21 is abused, neglected, or dependent or the recipient is
22 named as a parent of a child who is the subject of a
23 petition, supplemental petition, or motion to appoint a
24 guardian with the power to consent to adoption under
25 Section 2-29 of the Juvenile Court Act of 1987.
26 (b) Before a disclosure is made under subsection (a),
27 any party to the proceeding or any other interested person
28 may request an in camera review of the record or
29 communications to be disclosed. The court or agency
30 conducting the proceeding may hold an in camera review on its
31 own motion. When, contrary to the express wish of the
32 recipient, the therapist asserts a privilege on behalf and in
33 the interest of a recipient, the court may require that the
34 therapist, in an in camera hearing, establish that disclosure
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1 is not in the best interest of the recipient. The court or
2 agency may prevent disclosure or limit disclosure to the
3 extent that other admissible evidence is sufficient to
4 establish the facts in issue. The court or agency may enter
5 such orders as may be necessary in order to protect the
6 confidentiality, privacy, and safety of the recipient or of
7 other persons. Any order to disclose or to not disclose
8 shall be considered a final order for purposes of appeal and
9 shall be subject to interlocutory appeal.
10 (c) A recipient's records and communications may be
11 disclosed to a duly authorized committee, commission or
12 subcommittee of the General Assembly which possesses subpoena
13 and hearing powers, upon a written request approved by a
14 majority vote of the committee, commission or subcommittee
15 members. The committee, commission or subcommittee may
16 request records only for the purposes of investigating or
17 studying possible violations of recipient rights. The
18 request shall state the purpose for which disclosure is
19 sought.
20 The facility shall notify the recipient, or his guardian,
21 and therapist in writing of any disclosure request under this
22 subsection within 5 business days after such request. Such
23 notification shall also inform the recipient, or guardian,
24 and therapist of their right to object to the disclosure
25 within 10 business days after receipt of the notification and
26 shall include the name, address and telephone number of the
27 committee, commission or subcommittee member or staff person
28 with whom an objection shall be filed. If no objection has
29 been filed within 15 business days after the request for
30 disclosure, the facility shall disclose the records and
31 communications to the committee, commission or subcommittee.
32 If an objection has been filed within 15 business days after
33 the request for disclosure, the facility shall disclose the
34 records and communications only after the committee,
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1 commission or subcommittee has permitted the recipient,
2 guardian or therapist to present his objection in person
3 before it and has renewed its request for disclosure by a
4 majority vote of its members.
5 Disclosure under this subsection shall not occur until
6 all personally identifiable data of the recipient and
7 provider are removed from the records and communications.
8 Disclosure under this subsection shall not occur in any
9 public proceeding.
10 (d) No party to any proceeding described under
11 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
12 of this Section, nor his or her attorney, shall serve a
13 subpoena seeking to obtain access to records or
14 communications under this Act unless the subpoena is
15 accompanied by a written order issued by a judge, authorizing
16 the disclosure of the records or the issuance of the
17 subpoena. No person shall comply with a subpoena for records
18 or communications under this Act, unless the subpoena is
19 accompanied by a written order authorizing the issuance of
20 the subpoena or the disclosure of the records.
21 (Source: P.A. 86-1417; 87-124; 87-556; 87-895.)
22 Section 40. The Adoption Act is amended by changing
23 Sections 1, 2, 10, and 15.1 as follows:
24 (750 ILCS 50/1) (from Ch. 40, par. 1501)
25 Sec. 1. Definitions. When used in this Act, unless the
26 context otherwise requires:
27 A. "Child" means a person under legal age subject to
28 adoption under this Act.
29 B. "Related child" means a child subject to adoption
30 where either or both of the adopting parents stands in any of
31 the following relationships to the child by blood or
32 marriage: parent, grand-parent, brother, sister, step-parent,
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1 step-grandparent, step-brother, step-sister, uncle, aunt,
2 great-uncle, great-aunt, or cousin of first degree. A child
3 whose parent has executed a final irrevocable consent to
4 adoption or a final irrevocable surrender for purposes of
5 adoption, or whose parent has had his or her parental rights
6 terminated, is not a related child to that person, unless the
7 consent is determined to be void or is void pursuant to
8 subsection O of Section 10.
9 C. "Agency" for the purpose of this Act means a public
10 child welfare agency or a licensed child welfare agency.
11 D. "Unfit person" means any person whom the court shall
12 find to be unfit to have a child, without regard to the
13 likelihood that the child will be placed for adoption. The
14 grounds of unfitness are any one or more of the following:
15 (a) Abandonment of the child.
16 (a-1) Abandonment of a newborn infant in a
17 hospital.
18 (a-2) Abandonment of a newborn infant in any
19 setting where the evidence suggests that the parent
20 intended to relinquish his or her parental rights.
21 (b) Failure to maintain a reasonable degree of
22 interest, concern or responsibility as to the child's
23 welfare.
24 (c) Desertion of the child for more than 3 months
25 next preceding the commencement of the Adoption
26 proceeding.
27 (d) Substantial neglect of the child if continuous
28 or repeated.
29 (d-1) Substantial neglect, if continuous or
30 repeated, of any child residing in the household which
31 resulted in the death of that child.
32 (e) Extreme or repeated cruelty to the child.
33 (f) Two or more findings of physical abuse to any
34 children under Section 4-8 of the Juvenile Court Act or
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1 Section 2-21 of the Juvenile Court Act of 1987, the most
2 recent of which was determined by the juvenile court
3 hearing the matter to be supported by clear and
4 convincing evidence; a criminal conviction or a finding
5 of not guilty by reason of insanity resulting from the
6 death of any child by physical child abuse; or a finding
7 of physical child abuse resulting from the death of any
8 child under Section 4-8 of the Juvenile Court Act or
9 Section 2-21 of the Juvenile Court Act of 1987.
10 (g) Failure to protect the child from conditions
11 within his environment injurious to the child's welfare.
12 (h) Other neglect of, or misconduct toward the
13 child; provided that in making a finding of unfitness the
14 court hearing the adoption proceeding shall not be bound
15 by any previous finding, order or judgment affecting or
16 determining the rights of the parents toward the child
17 sought to be adopted in any other proceeding except such
18 proceedings terminating parental rights as shall be had
19 under either this Act, the Juvenile Court Act or the
20 Juvenile Court Act of 1987.
21 (i) Depravity. Conviction of any one of the
22 following crimes shall create a presumption that a parent
23 is depraved which can be overcome only by clear and
24 convincing evidence: (1) first degree murder in violation
25 of paragraph 1 or 2 of subsection (a) of Section 9-1 of
26 the Criminal Code of 1961 or conviction of second degree
27 murder in violation of subsection (a) of Section 9-2 of
28 the Criminal Code of 1961 of a parent of the child to be
29 adopted; (2) first degree murder or second degree murder
30 of any child in violation of the Criminal Code of 1961;
31 (3) attempt or conspiracy to commit first degree murder
32 or second degree murder of any child in violation of the
33 Criminal Code of 1961; (4) solicitation to commit murder
34 of any child, solicitation to commit murder of any child
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1 for hire, or solicitation to commit second degree murder
2 of any child in violation of the Criminal Code of 1961;
3 or (5) aggravated criminal sexual assault in violation of
4 Section 12-14(b)(1) of the Criminal Code of 1961.
5 There is a rebuttable presumption that a parent is
6 depraved if the parent has been criminally convicted of
7 at least 3 felonies under the laws of this State or any
8 other state, or under federal law, or the criminal laws
9 of any United States territory; and at least one of these
10 convictions took place within 5 years of the filing of
11 the petition or motion seeking termination of parental
12 rights.
13 There is a rebuttable presumption that a parent is
14 depraved if that parent has been criminally convicted of
15 either first or second degree murder of any person as
16 defined in the Criminal Code of 1961 within 10 years of
17 the filing date of the petition or motion to terminate
18 parental rights.
19 (j) Open and notorious adultery or fornication.
20 (j-1) (Blank). Conviction of any one of the
21 following crimes shall create a presumption of unfitness
22 that may be overcome only by clear and convincing
23 evidence: (1) first degree murder in violation of
24 paragraph 1 or 2 of subsection (a) of Section 9-1 of the
25 Criminal Code of 1961 or conviction of second degree
26 murder in violation of subsection (a) of Section 9-2 of
27 the Criminal Code of 1961 of a parent of the child to be
28 adopted; (2) a criminal conviction of first degree murder
29 or second degree murder of any child in violation of the
30 Criminal Code of 1961; (3) a criminal conviction of
31 attempt or conspiracy to commit first degree murder or
32 second degree murder of any child in violation of the
33 Criminal Code of 1961; (4) a criminal conviction of
34 solicitation to commit murder of any child, solicitation
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1 to commit murder of any child for hire, or solicitation
2 to commit second degree murder of any child in violation
3 of the Criminal Code of 1961; (5) a criminal conviction
4 of accountability for the first or second degree murder
5 of any child in violation of the Criminal Code of 1961;
6 or (6) a criminal conviction of aggravated criminal
7 sexual assault in violation of Section 12-14(b)(1) of the
8 Criminal Code of 1961.
9 (k) Habitual drunkenness or addiction to drugs,
10 other than those prescribed by a physician, for at least
11 one year immediately prior to the commencement of the
12 unfitness proceeding.
13 There is a rebuttable presumption that a parent is
14 unfit under this subsection with respect to any child to
15 which that parent gives birth where there is a confirmed
16 test result that at birth the child's blood, urine, or
17 meconium contained any amount of a controlled substance
18 as defined in subsection (f) of Section 102 of the
19 Illinois Controlled Substances Act or metabolites of such
20 substances, the presence of which in the newborn infant
21 was not the result of medical treatment administered to
22 the mother or the newborn infant; and the biological
23 mother of this child is the biological mother of at least
24 one other child who was adjudicated a neglected minor
25 under subsection (c) of Section 2-3 of the Juvenile Court
26 Act of 1987.
27 (l) Failure to demonstrate a reasonable degree of
28 interest, concern or responsibility as to the welfare of
29 a new born child during the first 30 days after its
30 birth.
31 (m) Failure by a parent to make reasonable efforts
32 to correct the conditions that were the basis for the
33 removal of the child from the parent, or to make
34 reasonable progress toward the return of the child to the
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1 parent within 9 months after an adjudication of neglected
2 or abused minor under Section 2-3 of the Juvenile Court
3 Act of 1987 or dependent minor under Section 2-4 of that
4 Act. If a service plan has been established as required
5 under Section 8.2 of the Abused and Neglected Child
6 Reporting Act to correct the conditions that were the
7 basis for the removal of the child from the parent and if
8 those services were available, then, for purposes of this
9 Act, "failure to make reasonable progress toward the
10 return of the child to the parent" includes the parent's
11 failure to substantially fulfill his or her obligations
12 under the service plan and correct the conditions that
13 brought the child into care within 9 months after the
14 adjudication under Section 2-3 or 2-4 of the Juvenile
15 Court Act of 1987.
16 (m-1) Pursuant to the Juvenile Court Act of 1987, a
17 child has been in foster care for 15 months out of any 22
18 month period which begins on or after the effective date
19 of this amendatory Act of 1998 unless the child's parent
20 can prove by a preponderance of the evidence that it is
21 more likely than not that it will be in the best
22 interests of the child to be returned to the parent
23 within 6 months of the date on which a petition for
24 termination of parental rights is filed under the
25 Juvenile Court Act of 1987. The 15 month time limit is
26 tolled during any period for which there is a court
27 finding that the appointed custodian or guardian failed
28 to make reasonable efforts to reunify the child with his
29 or her family, provided that (i) the finding of no
30 reasonable efforts is made within 60 days of the period
31 when reasonable efforts were not made or (ii) the parent
32 filed a motion requesting a finding of no reasonable
33 efforts within 60 days of the period when reasonable
34 efforts were not made. For purposes of this subdivision
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1 (m-1), the date of entering foster care is the earlier
2 of: (i) the date of a judicial finding at an adjudicatory
3 hearing that the child is an abused, neglected, or
4 dependent minor; or (ii) 60 days after the date on which
5 the child is removed from his or her parent, guardian, or
6 legal custodian.
7 (n) Evidence of intent to forego his or her
8 parental rights, whether or not the child is a ward of
9 the court, (1) as manifested by his or her failure for a
10 period of 12 months: (i) to visit the child, (ii) to
11 communicate with the child or agency, although able to do
12 so and not prevented from doing so by an agency or by
13 court order, or (iii) to maintain contact with or plan
14 for the future of the child, although physically able to
15 do so, or (2) as manifested by the father's failure,
16 where he and the mother of the child were unmarried to
17 each other at the time of the child's birth, (i) to
18 commence legal proceedings to establish his paternity
19 under the Illinois Parentage Act of 1984 or the law of
20 the jurisdiction of the child's birth within 30 days of
21 being informed, pursuant to Section 12a of this Act, that
22 he is the father or the likely father of the child or,
23 after being so informed where the child is not yet born,
24 within 30 days of the child's birth, or (ii) to make a
25 good faith effort to pay a reasonable amount of the
26 expenses related to the birth of the child and to provide
27 a reasonable amount for the financial support of the
28 child, the court to consider in its determination all
29 relevant circumstances, including the financial condition
30 of both parents; provided that the ground for termination
31 provided in this subparagraph (n)(2)(ii) shall only be
32 available where the petition is brought by the mother or
33 the husband of the mother.
34 Contact or communication by a parent with his or her
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1 child that does not demonstrate affection and concern
2 does not constitute reasonable contact and planning under
3 subdivision (n). In the absence of evidence to the
4 contrary, the ability to visit, communicate, maintain
5 contact, pay expenses and plan for the future shall be
6 presumed. The subjective intent of the parent, whether
7 expressed or otherwise, unsupported by evidence of the
8 foregoing parental acts manifesting that intent, shall
9 not preclude a determination that the parent has intended
10 to forego his or her parental rights. In making this
11 determination, the court may consider but shall not
12 require a showing of diligent efforts by an authorized
13 agency to encourage the parent to perform the acts
14 specified in subdivision (n).
15 It shall be an affirmative defense to any allegation
16 under paragraph (2) of this subsection that the father's
17 failure was due to circumstances beyond his control or to
18 impediments created by the mother or any other person
19 having legal custody. Proof of that fact need only be by
20 a preponderance of the evidence.
21 (o) Repeated or continuous failure by the parents,
22 although physically and financially able, to provide the
23 child with adequate food, clothing, or shelter.
24 (p) Inability to discharge parental
25 responsibilities supported by competent evidence from a
26 psychiatrist, licensed clinical social worker, or
27 clinical psychologist of mental impairment, mental
28 illness or mental retardation as defined in Section 1-116
29 of the Mental Health and Developmental Disabilities Code,
30 or developmental disability as defined in Section 1-106
31 of that Code, and there is sufficient justification to
32 believe that the inability to discharge parental
33 responsibilities shall extend beyond a reasonable time
34 period. However, this subdivision (p) shall not be
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1 construed so as to permit a licensed clinical social
2 worker to conduct any medical diagnosis to determine
3 mental illness or mental impairment.
4 (q) The parent has been criminally convicted of
5 aggravated battery, heinous battery, or attempted murder
6 of any child A finding of physical abuse of the child
7 under Section 4-8 of the Juvenile Court Act or Section
8 2-21 of the Juvenile Court Act of 1987 and a criminal
9 conviction of aggravated battery of the child.
10 (r) The child is in the temporary custody or
11 guardianship of the Department of Children and Family
12 Services, the parent is incarcerated as a result of
13 criminal conviction at the time the petition or motion
14 for termination of parental rights is filed, prior to
15 incarceration the parent had little or no contact with
16 the child or provided little or no support for the child,
17 and the parent's incarceration will prevent the parent
18 from discharging his or her parental responsibilities for
19 the child for a period in excess of 2 years after the
20 filing of the petition or motion for termination of
21 parental rights.
22 (s) The child is in the temporary custody or
23 guardianship of the Department of Children and Family
24 Services, the parent is incarcerated at the time the
25 petition or motion for termination of parental rights is
26 filed, the parent has been repeatedly incarcerated as a
27 result of criminal convictions, and the parent's repeated
28 incarceration has prevented the parent from discharging
29 his or her parental responsibilities for the child.
30 (t) (r) A finding that at birth the child's blood,
31 or urine, or meconium contained any amount of a
32 controlled substance as defined in subsection (f) of
33 Section 102 of the Illinois Controlled Substances Act, or
34 a metabolite of a controlled substance, with the
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1 exception of controlled substances or metabolites of such
2 substances, the presence of which in the newborn infant
3 was the result of medical treatment administered to the
4 mother or the newborn infant, and that the biological
5 mother of this child is the biological mother of at least
6 one other child who was adjudicated a neglected minor
7 under subsection (c) of Section 2-3 of the Juvenile Court
8 Act of 1987, after which the biological mother had the
9 opportunity to enroll in and participate in a clinically
10 appropriate substance abuse drug counseling, treatment,
11 and rehabilitation program.
12 E. "Parent" means the father or mother of a legitimate
13 or illegitimate child. For the purpose of this Act, a person
14 who has executed a final and irrevocable consent to adoption
15 or a final and irrevocable surrender for purposes of
16 adoption, or whose parental rights have been terminated by a
17 court, is not a parent of the child who was the subject of
18 the consent or surrender, unless the consent is void pursuant
19 to subsection O of Section 10.
20 F. A person is available for adoption when the person
21 is:
22 (a) a child who has been surrendered for adoption
23 to an agency and to whose adoption the agency has
24 thereafter consented;
25 (b) a child to whose adoption a person authorized
26 by law, other than his parents, has consented, or to
27 whose adoption no consent is required pursuant to Section
28 8 of this Act;
29 (c) a child who is in the custody of persons who
30 intend to adopt him through placement made by his
31 parents;
32 (c-1) a child for whom a parent has signed a
33 specific consent pursuant to subsection O of Section 10;
34 or
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1 (d) an adult who meets the conditions set forth in
2 Section 3 of this Act.
3 A person who would otherwise be available for adoption
4 shall not be deemed unavailable for adoption solely by reason
5 of his or her death.
6 G. The singular includes the plural and the plural
7 includes the singular and the "male" includes the "female",
8 as the context of this Act may require.
9 H. "Adoption disruption" occurs when an adoptive
10 placement does not prove successful and it becomes necessary
11 for the child to be removed from placement before the
12 adoption is finalized.
13 I. "Foreign placing agency" is an agency or individual
14 operating in a country or territory outside the United States
15 that is authorized by its country to place children for
16 adoption either directly with families in the United States
17 or through United States based international agencies.
18 J. "Immediate relatives" means the biological parents,
19 the parents of the biological parents and siblings of the
20 biological parents.
21 K. "Intercountry adoption" is a process by which a child
22 from a country other than the United States is adopted.
23 L. "Intercountry Adoption Coordinator" is a staff person
24 of the Department of Children and Family Services appointed
25 by the Director to coordinate the provision of services by
26 the public and private sector to prospective parents of
27 foreign-born children.
28 M. "Interstate Compact on the Placement of Children" is
29 a law enacted by most states for the purpose of establishing
30 uniform procedures for handling the interstate placement of
31 children in foster homes, adoptive homes, or other child care
32 facilities.
33 N. "Non-Compact state" means a state that has not
34 enacted the Interstate Compact on the Placement of Children.
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1 O. "Preadoption requirements" are any conditions
2 established by the laws or regulations of the Federal
3 Government or of each state that must be met prior to the
4 placement of a child in an adoptive home.
5 P. "Abused child" means a child whose parent or
6 immediate family member, or any person responsible for the
7 child's welfare, or any individual residing in the same home
8 as the child, or a paramour of the child's parent:
9 (a) inflicts, causes to be inflicted, or allows to
10 be inflicted upon the child physical injury, by other
11 than accidental means, that causes death, disfigurement,
12 impairment of physical or emotional health, or loss or
13 impairment of any bodily function;
14 (b) creates a substantial risk of physical injury
15 to the child by other than accidental means which would
16 be likely to cause death, disfigurement, impairment of
17 physical or emotional health, or loss or impairment of
18 any bodily function;
19 (c) commits or allows to be committed any sex
20 offense against the child, as sex offenses are defined in
21 the Criminal Code of 1961 and extending those definitions
22 of sex offenses to include children under 18 years of
23 age;
24 (d) commits or allows to be committed an act or
25 acts of torture upon the child; or
26 (e) inflicts excessive corporal punishment.
27 Q. "Neglected child" means any child whose parent or
28 other person responsible for the child's welfare withholds or
29 denies nourishment or medically indicated treatment including
30 food or care denied solely on the basis of the present or
31 anticipated mental or physical impairment as determined by a
32 physician acting alone or in consultation with other
33 physicians or otherwise does not provide the proper or
34 necessary support, education as required by law, or medical
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1 or other remedial care recognized under State law as
2 necessary for a child's well-being, or other care necessary
3 for his or her well-being, including adequate food, clothing
4 and shelter; or who is abandoned by his or her parents or
5 other person responsible for the child's welfare.
6 A child shall not be considered neglected or abused for
7 the sole reason that the child's parent or other person
8 responsible for his or her welfare depends upon spiritual
9 means through prayer alone for the treatment or cure of
10 disease or remedial care as provided under Section 4 of the
11 Abused and Neglected Child Reporting Act.
12 R. "Putative father" means a man who may be a child's
13 father, but who (1) is not married to the child's mother on
14 or before the date that the child was or is to be born and
15 (2) has not established paternity of the child in a court
16 proceeding before the filing of a petition for the adoption
17 of the child. The term includes a male who is less than 18
18 years of age. "Putative father" does not mean a man who is
19 the child's father as a result of criminal sexual abuse or
20 assault as defined under Article 12 of the Criminal Code of
21 1961.
22 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
23 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
24 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
25 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
26 6-25-97; 90-443, eff. 8-16-97; revised 11-26-97.)
27 (750 ILCS 50/2) (from Ch. 40, par. 1502)
28 Sec. 2. Who may adopt a child. A. Any of the following
29 persons, who is under no legal disability (except the
30 minority specified in sub-paragraph (b) and who has resided
31 in the State of Illinois continuously for a period of at
32 least 6 months immediately preceding the commencement of an
33 adoption proceeding, or any member of the armed forces of the
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1 United States who has been domiciled in the State of Illinois
2 for 90 days, may institute such proceeding:
3 (a) A reputable person of legal age and of either sex,
4 provided that if such person is married and has not been
5 living separate and apart from his or her spouse for 12
6 months or longer, his or her spouse shall be a party to the
7 adoption proceeding, including a husband or wife desiring to
8 adopt a child of the other spouse, in all of which cases the
9 adoption shall be by both spouses jointly;
10 (b) A minor, by leave of court upon good cause shown.
11 B. The residence requirement specified in paragraph A of
12 this Section shall not apply to an adoption of a related
13 child or to an adoption of a child placed by an agency.
14 (Source: P.A. 83-62.)
15 (750 ILCS 50/10) (from Ch. 40, par. 1512)
16 Sec. 10. Forms of consent and surrender; execution and
17 acknowledgment thereof.)
18 A. The form of consent required for the adoption of a
19 born child shall be substantially as follows:
20 FINAL AND IRREVOCABLE CONSENT TO ADOPTION
21 I, ...., (relationship, e.g., mother, father, relative,
22 guardian) of ...., a ..male child, state:
23 That such child was born on .... at ....
24 That I reside at ...., County of .... and State of ....
25 That I am of the age of .... years.
26 That I hereby enter my appearance in this proceeding and
27 waive service of summons on me.
28 That I do hereby consent and agree to the adoption of
29 such child.
30 That I wish to and understand that by signing this
31 consent I do irrevocably and permanently give up all custody
32 and other parental rights I have to such child.
33 That I understand such child will be placed for adoption
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1 and that I cannot under any circumstances, after signing this
2 document, change my mind and revoke or cancel this consent or
3 obtain or recover custody or any other rights over such
4 child. That I have read and understand the above and I am
5 signing it as my free and voluntary act.
6 Dated this .... day of ...., 19....
7 If under Section 8 the consent of more than one person is
8 required, then each such person shall execute a separate
9 consent.
10 B. The form of consent required for the adoption of an
11 unborn child shall be substantially as follows:
12 CONSENT TO ADOPTION OF UNBORN CHILD
13 I, ...., state:
14 That I am the father of a child expected to be born on or
15 about .... to .... (name of mother).
16 That I reside at .... County of ...., and State of .....
17 That I am of the age of .... years.
18 That I hereby enter my appearance in such adoption
19 proceeding and waive service of summons on me.
20 That I do hereby consent and agree to the adoption of
21 such child, and that I have not previously executed a consent
22 or surrender with respect to such child.
23 That I wish to and do understand that by signing this
24 consent I do irrevocably and permanently give up all custody
25 and other parental rights I have to such child, except that I
26 have the right to revoke this consent by giving written
27 notice of my revocation not later than 72 hours after the
28 birth of the child.
29 That I understand such child will be placed for adoption
30 and that, except as hereinabove provided, I cannot under any
31 circumstances, after signing this document, change my mind
32 and revoke or cancel this consent or obtain or recover
33 custody or any other rights over such child.
34 That I have read and understand the above and I am
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1 signing it as my free and voluntary act.
2 Dated this .... day of ...., 19...
3 ........................
4 C. The form of surrender to any agency given by a parent
5 of a born child who is to be subsequently placed for adoption
6 shall be substantially as follows and shall contain such
7 other facts and statements as the particular agency shall
8 require.
9 FINAL AND IRREVOCABLE SURRENDER
10 FOR PURPOSES OF ADOPTION
11 I, .... (relationship, e.g., mother, father, relative,
12 guardian) of ...., a ..male child, state:
13 That such child was born on ...., at .....
14 That I reside at ...., County of ...., and State of .....
15 That I am of the age of .... years.
16 That I do hereby surrender and entrust the entire custody
17 and control of such child to the .... (the "Agency"), a
18 (public) (licensed) child welfare agency with its principal
19 office in the City of ...., County of .... and State of ....,
20 for the purpose of enabling it to care for and supervise the
21 care of such child, to place such child for adoption and to
22 consent to the legal adoption of such child.
23 That I hereby grant to the Agency full power and
24 authority to place such child with any person or persons it
25 may in its sole discretion select to become the adopting
26 parent or parents and to consent to the legal adoption of
27 such child by such person or persons; and to take any and all
28 measures which, in the judgment of the Agency, may be for the
29 best interests of such child, including authorizing medical,
30 surgical and dental care and treatment including inoculation
31 and anaesthesia for such child.
32 That I wish to and understand that by signing this
33 surrender I do irrevocably and permanently give up all
34 custody and other parental rights I have to such child.
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1 That I understand I cannot under any circumstances, after
2 signing this surrender, change my mind and revoke or cancel
3 this surrender or obtain or recover custody or any other
4 rights over such child.
5 That I have read and understand the above and I am
6 signing it as my free and voluntary act.
7 Dated this .... day of ...., 19...
8 ........................
9 D. The form of surrender to an agency given by a parent
10 of an unborn child who is to be subsequently placed for
11 adoption shall be substantially as follows and shall contain
12 such other facts and statements as the particular agency
13 shall require.
14 SURRENDER OF UNBORN CHILD FOR
15 PURPOSES OF ADOPTION
16 I, .... (father), state:
17 That I am the father of a child expected to be born on or
18 about .... to .... (name of mother).
19 That I reside at ...., County of ...., and State of .....
20 That I am of the age of .... years.
21 That I do hereby surrender and entrust the entire custody
22 and control of such child to the .... (the "Agency"), a
23 (public) (licensed) child welfare agency with its principal
24 office in the City of ...., County of .... and State of
25 ...., for the purpose of enabling it to care for and
26 supervise the care of such child, to place such child for
27 adoption and to consent to the legal adoption of such child,
28 and that I have not previously executed a consent or
29 surrender with respect to such child.
30 That I hereby grant to the Agency full power and
31 authority to place such child with any person or persons it
32 may in its sole discretion select to become the adopting
33 parent or parents and to consent to the legal adoption of
34 such child by such person or persons; and to take any and all
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1 measures which, in the judgment of the Agency, may be for the
2 best interests of such child, including authorizing medical,
3 surgical and dental care and treatment, including inoculation
4 and anaesthesia for such child.
5 That I wish to and understand that by signing this
6 surrender I do irrevocably and permanently give up all
7 custody and other parental rights I have to such child.
8 That I understand I cannot under any circumstances, after
9 signing this surrender, change my mind and revoke or cancel
10 this surrender or obtain or recover custody or any other
11 rights over such child, except that I have the right to
12 revoke this surrender by giving written notice of my
13 revocation not later than 72 hours after the birth of such
14 child.
15 That I have read and understand the above and I am
16 signing it as my free and voluntary act.
17 Dated this .... day of ...., 19...
18 ........................
19 E. The form of consent required from the parents for the
20 adoption of an adult, when such adult elects to obtain such
21 consent, shall be substantially as follows:
22 CONSENT
23 I, ...., (father) (mother) of ...., an adult, state:
24 That I reside at ...., County of .... and State of .....
25 That I do hereby consent and agree to the adoption of
26 such adult by .... and .....
27 Dated this .... day of .......... 19
28 F. The form of consent required for the adoption of a
29 child of the age of 14 years or upwards, or of an adult, to
30 be given by such person, shall be substantially as follows:
31 CONSENT
32 I, ...., state:
33 That I reside at ...., County of .... and State of .....
34 That I am of the age of .... years. That I consent and
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1 agree to my adoption by .... and .....
2 Dated this .... day of ......., 19...
3 ........................
4 G. The form of consent given by an agency to the
5 adoption by specified persons of a child previously
6 surrendered to it shall set forth that the agency has the
7 authority to execute such consent. The form of consent given
8 by a guardian of the person of a child sought to be adopted,
9 appointed by a court of competent jurisdiction, shall set
10 forth the facts of such appointment and the authority of the
11 guardian to execute such consent.
12 H. A consent (other than that given by an agency, or
13 guardian of the person of the child sought to be adopted
14 appointed by a court of competent jurisdiction) shall be
15 acknowledged by a parent before the presiding judge of the
16 court in which the petition for adoption has been, or is to
17 be filed or before any other judge or hearing officer
18 designated or subsequently approved by the court, or the
19 circuit clerk if so authorized by the presiding judge or,
20 except as otherwise provided in this Act, before a
21 representative of the Department of Children and Family
22 Services or a licensed child welfare agency, or before social
23 service personnel under the jurisdiction of a court of
24 competent jurisdiction, or before social service personnel of
25 the Cook County Department of Supportive Services designated
26 by the presiding judge.
27 I. A surrender, or any other document equivalent to a
28 surrender, by which a child is surrendered to an agency shall
29 be acknowledged by the person signing such surrender, or
30 other document, before a judge or hearing officer or the
31 clerk of any court of record, either in this State or any
32 other state of the United States, or before a representative
33 of an agency or before any other person designated or
34 approved by the presiding judge of the court in which the
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1 petition for adoption has been, or is to be, filed.
2 J. The form of the certificate of acknowledgment for a
3 consent, a surrender, or any other document equivalent to a
4 surrender, shall be substantially as follows:
5 STATE OF ....)
6 ) SS.
7 COUNTY OF ...)
8 I, .... (Name of judge or other person), .... (official
9 title, name and location of court or status or position of
10 other person), certify that ...., personally known to me to
11 be the same person whose name is subscribed to the foregoing
12 (consent) (surrender), appeared before me this day in person
13 and acknowledged that (she) (he) signed and delivered such
14 (consent) (surrender) as (her) (his) free and voluntary act,
15 for the specified purpose.
16 I have fully explained that by signing such (consent)
17 (surrender) (she) (he) is irrevocably relinquishing all
18 parental rights to such child or adult and (she) (he) has
19 stated that such is (her) (his) intention and desire.
20 Dated 19
21 Signature
22 K. When the execution of a consent or a surrender is
23 acknowledged before someone other than a judge or the clerk
24 of a court of record, such other person shall have his
25 signature on the certificate acknowledged before a notary
26 public, in form substantially as follows:
27 STATE OF ....)
28 ) SS.
29 COUNTY OF ...)
30 I, a Notary Public, in and for the County of ......, in
31 the State of ......, certify that ...., personally known to
32 me to be the same person whose name is subscribed to the
33 foregoing certificate of acknowledgment, appeared before me
34 in person and acknowledged that (she) (he) signed such
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1 certificate as (her) (his) free and voluntary act and that
2 the statements made in the certificate are true.
3 Dated ......... 19...
4 Signature ...................... Notary Public
5 (official seal)
6 There shall be attached a certificate of magistracy, or
7 other comparable proof of office of the notary public
8 satisfactory to the court, to a consent signed and
9 acknowledged in another state.
10 L. A surrender or consent executed and acknowledged
11 outside of this State, either in accordance with the law of
12 this State or in accordance with the law of the place where
13 executed, is valid.
14 M. Where a consent or a surrender is signed in a foreign
15 country, the execution of such consent shall be acknowledged
16 or affirmed in a manner conformable to the law and procedure
17 of such country.
18 N. If the person signing a consent or surrender is in
19 the military service of the United States, the execution of
20 such consent or surrender may be acknowledged before a
21 commissioned officer and the signature of such officer on
22 such certificate shall be verified or acknowledged before a
23 notary public or by such other procedure as is then in effect
24 for such division or branch of the armed forces.
25 O. (1) The parent or parents of a child in whose
26 interests a petition under Section 2-13 of the Juvenile Court
27 Act of 1987 is pending may, with the approval of the
28 designated representative of the Department of Children and
29 Family Services, execute a consent to adoption by a specified
30 person or persons:
31 (a) in whose physical custody the child has resided
32 for at least one year; or
33 (b) in whose physical custody at least one sibling
34 of the child who is the subject of this consent has
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1 resided for at least one year, and the child who is the
2 subject of this consent is currently residing in this
3 foster home; or
4 (c) in whose physical custody a child under one
5 year of age has resided for at least 3 months.
6 A consent under this subsection O shall be acknowledged by a
7 parent pursuant to subsection H and subsection K of this
8 Section.
9 (2) The consent to adoption by a specified person or
10 persons shall have the caption of the proceeding in which it
11 is to be filed and shall be substantially as follows:
12 FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
13 A SPECIFIED PERSON OR PERSONS
14 I, ......................................, the
15 .................. (mother or father) of a ....male child,
16 state:
17 1. My child ............................ (name of
18 child) was born on (date) ............, ...... at
19 .................... Hospital in ................ County,
20 State of .............. .
21 2. I reside at ......................, County of
22 ............. and State of ............. .
23 3. I, ..........................., am .... years
24 old.
25 4. I enter my appearance in this action to adopt my
26 child by the person or persons specified herein by me and
27 waive service of summons on me in this action only.
28 5. I consent to the adoption of my child by
29 ............................. (specified person or
30 persons) only.
31 6. I wish to sign this consent and I understand
32 that by signing this consent I irrevocably and
33 permanently give up all parental rights I have to my
34 child if my child is adopted by
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1 ............................. (specified person or
2 persons).
3 7. I understand my child will be adopted by
4 ............................. (specified person or
5 persons) only and that I cannot under any circumstances,
6 after signing this document, change my mind and revoke or
7 cancel this consent or obtain or recover custody or any
8 other rights over my child if
9 ............................ (specified person or
10 persons) adopt my child.
11 8. I understand that this consent to adoption is
12 valid only if the petition to adopt is filed within one
13 year from the date that I sign it and that if
14 ....................... (specified person or persons),
15 for any reason, cannot or will not file a petition to
16 adopt my child within that one year period or if their
17 adoption petition is denied, then this consent will be
18 void. I have the right to notice of any other proceeding
19 that could affect my parental rights, except for the
20 proceeding for ............. (specified person or
21 persons) to adopt my child.
22 9. I have read and understand the above and I am
23 signing it as my free and voluntary act.
24 Dated this ..... day of ....., .......
25 .............................................
26 Signature of parent
27 (3) If the parent consents to an adoption by 2 specified
28 persons, then the form shall contain 2 additional paragraphs
29 in substantially the following form:
30 10. If ............... (specified persons) get a
31 divorce before the petition to adopt my child is granted,
32 then .......... (specified person) shall adopt my child.
33 I understand that I cannot change my mind and revoke this
34 consent or obtain or recover custody over my child if
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1 ............. (specified persons) divorce and
2 ............. (specified person) adopts my child. I
3 understand that I cannot change my mind and revoke this
4 consent or obtain or recover custody over my child if
5 ................. (specified persons) divorce after the
6 adoption is final. I understand that this consent to
7 adoption has no effect on who will get custody of my
8 child if they divorce after the adoption is final.
9 11. I understand that if either ...............
10 (specified persons) dies before the petition to adopt my
11 child is granted, then the surviving person can adopt my
12 child. I understand that I cannot change my mind and
13 revoke this consent or obtain or recover custody over my
14 child if the surviving person adopts my child.
15 A consent to adoption by specified persons on this form
16 shall have no effect on a court's determination of custody or
17 visitation under the Illinois Marriage and Dissolution of
18 Marriage Act if the marriage of the specified persons is
19 dissolved after the adoption is final.
20 (4) The form of the certificate of acknowledgement for a
21 Final and Irrevocable Consent for Adoption by a Specified
22 Person or Persons shall be substantially as follows:
23 STATE OF..............)
24 ) SS.
25 COUNTY OF.............)
26 I, .................... (Name of Judge or other person),
27 ..................... (official title, name, and address),
28 certify that ............., personally known to me to be the
29 same person whose name is subscribed to the foregoing Final
30 and Irrevocable Consent for Adoption by a Specified Person or
31 Persons, appeared before me this day in person and
32 acknowledged that (she)(he) signed and delivered the consent
33 as (her)(his) free and voluntary act, for the specified
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1 purpose.
2 I have fully explained that this consent to adoption is
3 valid only if the petition to adopt is filed within one year
4 from the date that it is signed, and that if the specified
5 person or persons, for any reason, cannot or will not adopt
6 the child or if the adoption petition is denied, then this
7 consent will be void. I have fully explained that if the
8 specified person or persons adopt the child, by signing this
9 consent (she)(he) is irrevocably and permanently
10 relinquishing all parental rights to the child, and (she)(he)
11 has stated that such is (her)(his) intention and desire.
12 Dated ............., ........
13 ...............................
14 Signature
15 (5) If a consent to adoption by a specified person or
16 persons is executed in this form, the following provisions
17 shall apply. The consent shall be valid only if that
18 specified person or persons adopt the child. The consent
19 shall be void if:
20 (a) the specified person or persons do not file a
21 petition to adopt the child within one year after the
22 consent is signed; or
23 (b) a court denies the adoption petition; or
24 (c) the Department of Children and Family Services
25 Guardianship Administrator determines that the specified
26 person or persons will not or cannot complete the
27 adoption, or in the best interests of the child should
28 not adopt the child.
29 Within 30 days of the consent becoming void, the
30 Department of Children and Family Services Guardianship
31 Administrator shall make good faith attempts to notify the
32 parent in writing and shall give written notice to the court
33 and all additional parties in writing that the adoption has
34 not occurred or will not occur and that the consent is void.
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1 If the adoption by a specified person or persons does not
2 occur, no proceeding for termination of parental rights shall
3 be brought unless the biological parent who executed the
4 consent to adoption by a specified person or persons has been
5 notified of the proceeding pursuant to Section 7 of this Act
6 or subsection (4) of Section 2-13 of the Juvenile Court Act
7 of 1987. The parent shall not need to take further action to
8 revoke the consent if the specified adoption does not occur,
9 notwithstanding the provisions of Section 11 of this Act.
10 (6) The Department of Children and Family Services is
11 authorized to promulgate rules necessary to implement this
12 subsection O.
13 (7) The Department shall collect and maintain data
14 concerning the efficacy of specific consents. This data
15 shall include the number of specific consents executed and
16 their outcomes, including but not limited to the number of
17 children adopted pursuant to the consents, the number of
18 children for whom adoptions are not completed, and the reason
19 or reasons why the adoptions are not completed.
20 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
21 P.A. 90-443); revised 12-18-97.)
22 (750 ILCS 50/15.1) (from Ch. 40, par. 1519.1)
23 Sec. 15.1. (a) Any person over the age of 18, who has
24 cared for a child for a continuous period of one year or more
25 as a foster parent licensed under the Child Care Act of 1969
26 to operate a foster family home, may apply to the child's
27 guardian with the power to consent to adoption, for such
28 guardian's consent.
29 (b) Such guardian shall give preference and first
30 consideration to that application over all other applications
31 for adoption of the child but the guardian's final decision
32 shall be based on the welfare and best interest of the child.
33 In arriving at this decision, the guardian shall consider all
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1 relevant factors including but not limited to:
2 (1) the wishes of the child;
3 (2) the interaction and interrelationship of the
4 child with the applicant to adopt the child;
5 (3) the child's need for stability and continuity
6 of relationship with parent figures;
7 (4) the wishes of the child's parent as expressed
8 in writing prior to that parent's execution of a consent
9 or surrender for adoption;
10 (5) the child's adjustment to his present home,
11 school and community;
12 (6) the mental and physical health of all
13 individuals involved;
14 (7) the family ties between the child and the
15 applicant to adopt the child and the value of preserving
16 family ties between the child and the child's relatives,
17 including siblings;
18 (8) the background, race, ethnic heritage,
19 behavior, age and living arrangements of the applicant to
20 adopt the child;
21 (9) the criminal background check report presented
22 to the court as part of the investigation required under
23 Section 6 of this Act.
24 (c) The final determination of the propriety of the
25 adoption shall be within the sole discretion of the court,
26 which shall base its decision on the welfare and best
27 interest of the child. In arriving at this decision, the
28 court shall consider all relevant factors including but not
29 limited to the factors in subsection (b).
30 (d) If the court specifically finds that the guardian
31 has abused his discretion by withholding consent to an
32 adoption in violation of the child's welfare and best
33 interests, then the court may grant an adoption, after all of
34 the other provisions of this Act have been complied with,
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1 with or without the consent of the guardian with power to
2 consent to adoption. If the court specifically finds that
3 the guardian has abused his discretion by granting consent to
4 an adoption in violation of the child's welfare and best
5 interests, then the court may deny an adoption even though
6 the guardian with power to consent to adoption has consented
7 to it.
8 (Source: P.A. 87-1129.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.