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90_SB1339eng
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 Engrossed 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 and 8 as follows:
6 (20 ILCS 505/5) (from Ch. 23, par. 5005)
7 Sec. 5. Direct child welfare services; Department of
8 Children and Family Services. To provide direct child welfare
9 services when not available through other public or private
10 child care or program facilities.
11 (a) For purposes of this Section:
12 (1) "Children" means persons found within the State
13 who are under the age of 18 years. The term also
14 includes persons under age 19 who:
15 (A) were committed to the Department pursuant
16 to the Juvenile Court Act or the Juvenile Court Act
17 of 1987, as amended, prior to the age of 18 and who
18 continue under the jurisdiction of the court; or
19 (B) were accepted for care, service and
20 training by the Department prior to the age of 18
21 and whose best interest in the discretion of the
22 Department would be served by continuing that care,
23 service and training because of severe emotional
24 disturbances, physical disability, social adjustment
25 or any combination thereof, or because of the need
26 to complete an educational or vocational training
27 program.
28 (2) "Homeless youth" means persons found within the
29 State who are under the age of 19, are not in a safe and
30 stable living situation and cannot be reunited with their
31 families.
SB1339 Engrossed -2- LRB9011267SMpk
1 (3) "Child welfare services" means public social
2 services which are directed toward the accomplishment of
3 the following purposes:
4 (A) protecting and promoting the health,
5 safety and welfare of children, including homeless,
6 dependent or neglected children;
7 (B) remedying, or assisting in the solution of
8 problems which may result in, the neglect, abuse,
9 exploitation or delinquency of children;
10 (C) preventing the unnecessary separation of
11 children from their families by identifying family
12 problems, assisting families in resolving their
13 problems, and preventing the breakup of the family
14 where the prevention of child removal is desirable
15 and possible when the child can be cared for at home
16 without endangering the child's health and safety;
17 (D) restoring to their families children who
18 have been removed, by the provision of services to
19 the child and the families when the child can be
20 cared for at home without endangering the child's
21 health and safety;
22 (E) placing children in suitable adoptive
23 homes, in cases where restoration to the biological
24 family is not safe, possible or appropriate;
25 (F) assuring safe and adequate care of
26 children away from their homes, in cases where the
27 child cannot be returned home or cannot be placed
28 for adoption. At the time of placement, the
29 Department shall consider concurrent planning, as
30 described in subsection (l-1) of this Section so
31 that permanency may occur at the earliest
32 opportunity. Consideration should be given so that
33 if reunification fails or is delayed, the placement
34 made is the best available placement to provide
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1 permanency for the child;
2 (G) (blank);
3 (H) (blank); and
4 (I) placing and maintaining children in
5 facilities that provide separate living quarters for
6 children under the age of 18 and for children 18
7 years of age and older, unless a child 18 years of
8 age is in the last year of high school education or
9 vocational training, in an approved individual or
10 group treatment program, or in a licensed shelter
11 facility. The Department is not required to place or
12 maintain children:
13 (i) who are in a foster home, or
14 (ii) who are persons with a developmental
15 disability, as defined in the Mental Health and
16 Developmental Disabilities Code, or
17 (iii) who are female children who are
18 pregnant, pregnant and parenting or parenting,
19 or
20 (iv) who are siblings,
21 in facilities that provide separate living quarters
22 for children 18 years of age and older and for
23 children under 18 years of age.
24 (b) Nothing in this Section shall be construed to
25 authorize the expenditure of public funds for the purpose of
26 performing abortions.
27 (c) The Department shall establish and maintain
28 tax-supported child welfare services and extend and seek to
29 improve voluntary services throughout the State, to the end
30 that services and care shall be available on an equal basis
31 throughout the State to children requiring such services.
32 (d) The Director may authorize advance disbursements for
33 any new program initiative to any agency contracting with the
34 Department. As a prerequisite for an advance disbursement,
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1 the contractor must post a surety bond in the amount of the
2 advance disbursement and have a purchase of service contract
3 approved by the Department. The Department may pay up to 2
4 months operational expenses in advance. The amount of the
5 advance disbursement shall be prorated over the life of the
6 contract or the remaining months of the fiscal year,
7 whichever is less, and the installment amount shall then be
8 deducted from future bills. Advance disbursement
9 authorizations for new initiatives shall not be made to any
10 agency after that agency has operated during 2 consecutive
11 fiscal years. The requirements of this Section concerning
12 advance disbursements shall not apply with respect to the
13 following: payments to local public agencies for child day
14 care services as authorized by Section 5a of this Act; and
15 youth service programs receiving grant funds under Section
16 17a-4.
17 (e) (Blank).
18 (f) (Blank).
19 (g) The Department shall establish rules and regulations
20 concerning its operation of programs designed to meet the
21 goals of child safety and protection, family preservation,
22 family reunification, and adoption, including but not limited
23 to:
24 (1) adoption;
25 (2) foster care;
26 (3) family counseling;
27 (4) protective services;
28 (5) (blank);
29 (6) homemaker service;
30 (7) return of runaway children;
31 (8) (blank);
32 (9) placement under Section 5-7 of the Juvenile
33 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
34 Juvenile Court Act of 1987 in accordance with the federal
SB1339 Engrossed -5- LRB9011267SMpk
1 Adoption Assistance and Child Welfare Act of 1980; and
2 (10) interstate services.
3 Rules and regulations established by the Department shall
4 include provisions for training Department staff and the
5 staff of Department grantees, through contracts with other
6 agencies or resources, in alcohol and drug abuse screening
7 techniques to identify children and adults who should be
8 referred to an alcohol and drug abuse treatment program for
9 professional evaluation.
10 (h) If the Department finds that there is no appropriate
11 program or facility within or available to the Department for
12 a ward and that no licensed private facility has an adequate
13 and appropriate program or none agrees to accept the ward,
14 the Department shall create an appropriate individualized,
15 program-oriented plan for such ward. The plan may be
16 developed within the Department or through purchase of
17 services by the Department to the extent that it is within
18 its statutory authority to do.
19 (i) Service programs shall be available throughout the
20 State and shall include but not be limited to the following
21 services:
22 (1) case management;
23 (2) homemakers;
24 (3) counseling;
25 (4) parent education;
26 (5) day care; and
27 (6) emergency assistance and advocacy.
28 In addition, the following services may be made available
29 to assess and meet the needs of children and families:
30 (1) comprehensive family-based services;
31 (2) assessments;
32 (3) respite care; and
33 (4) in-home health services.
34 The Department shall provide transportation for any of
SB1339 Engrossed -6- LRB9011267SMpk
1 the services it makes available to children or families or
2 for which it refers children or families.
3 (j) The Department may provide categories of financial
4 assistance and education assistance grants, and shall
5 establish rules and regulations concerning the assistance and
6 grants, to persons who adopt physically or mentally
7 handicapped, older and other hard-to-place children who (i)
8 immediately prior to their adoption were legal wards of the
9 Department or (ii) were determined eligible for financial
10 assistance with respect to a prior adoption and who become
11 available for adoption because the prior adoption has been
12 dissolved and the parental rights of the adoptive parents
13 have been terminated or because the child's adoptive parents
14 have died. The Department may also provide categories of
15 financial assistance and education assistance grants, and
16 shall establish rules and regulations for the assistance and
17 grants, to persons appointed guardian of the person under
18 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
19 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
20 who were wards of the Department for 12 months immediately
21 prior to the appointment of the successor guardian and for
22 whom the Department has set a goal of permanent family
23 placement with a foster family.
24 The amount of assistance may vary, depending upon the
25 needs of the child and the adoptive parents, as set forth in
26 the annual assistance agreement. Special purpose grants are
27 allowed where the child requires special service but such
28 costs may not exceed the amounts which similar services would
29 cost the Department if it were to provide or secure them as
30 guardian of the child.
31 Any financial assistance provided under this subsection
32 is inalienable by assignment, sale, execution, attachment,
33 garnishment, or any other remedy for recovery or collection
34 of a judgment or debt.
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1 (j-5) The Department shall not deny or delay the
2 placement of a child for adoption if an approved family is
3 available either outside of the Department region handling
4 the case, or outside of the State of Illinois.
5 (k) The Department shall accept for care and training
6 any child who has been adjudicated neglected or abused, or
7 dependent committed to it pursuant to the Juvenile Court Act
8 or the Juvenile Court Act of 1987.
9 (l) Before July 1, 2000, the Department may provide, and
10 beginning July 1, 2000, the Department shall offer family
11 preservation services, as defined in Section 8.2 of the
12 Abused and Neglected Child Reporting Act, to help families,
13 including adoptive and extended families. Family preservation
14 services shall be offered (i) where safe and appropriate, to
15 prevent the placement of children in substitute care when the
16 children can be cared for at home or in the custody of the
17 person responsible for the children's welfare without
18 endangering the children's health or safety, (ii) to reunite
19 children with their families if so placed when reunification
20 is an appropriate goal, or (iii) to maintain an adoptive
21 placement provide, family preservation services, as
22 determined to be appropriate and in the child's best
23 interests and when the child will be safe and not be in
24 imminent risk of harm, to any family whose child has been
25 placed in substitute care, any persons who have adopted a
26 child and require post-adoption services, or any persons
27 whose child or children are at risk of being placed outside
28 their home as documented by an "indicated" report of
29 suspected child abuse or neglect determined pursuant to the
30 Abused and Neglected Child Reporting Act. Nothing in this
31 paragraph shall be construed to create a private right of
32 action or claim on the part of any individual or child
33 welfare agency.
34 The Department shall notify the child and his family of
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1 the Department's responsibility to offer and provide family
2 preservation services as identified in the service plan. The
3 child and his family shall be eligible for services as soon
4 as the report is determined to be "indicated". The
5 Department may offer services to any child or family with
6 respect to whom a report of suspected child abuse or neglect
7 has been filed, prior to concluding its investigation under
8 Section 7.12 of the Abused and Neglected Child Reporting Act.
9 However, the child's or family's willingness to accept
10 services shall not be considered in the investigation. The
11 Department may also provide services to any child or family
12 who is the subject of any report of suspected child abuse or
13 neglect or may refer such child or family to services
14 available from other agencies in the community, even if the
15 report is determined to be unfounded, if the conditions in
16 the child's or family's home are reasonably likely to subject
17 the child or family to future reports of suspected child
18 abuse or neglect. Acceptance of such services shall be
19 voluntary.
20 The Department may, at its discretion except for those
21 children also adjudicated neglected or dependent, accept for
22 care and training any child who has been adjudicated
23 addicted, as a truant minor in need of supervision or as a
24 minor requiring authoritative intervention, under the
25 Juvenile Court Act or the Juvenile Court Act of 1987, but no
26 such child shall be committed to the Department by any court
27 without the approval of the Department. A minor charged with
28 a criminal offense under the Criminal Code of 1961 or
29 adjudicated delinquent shall not be placed in the custody of
30 or committed to the Department by any court, except a minor
31 less than 13 years of age committed to the Department under
32 Section 5-23 of the Juvenile Court Act of 1987.
33 (l-1) The legislature recognizes that the best interests
34 of the child require that the child be placed in the most
SB1339 Engrossed -9- LRB9011267SMpk
1 permanent living arrangement as soon as is practically
2 possible. To achieve this goal, the legislature directs the
3 Department of Children and Family Services to conduct
4 concurrent planning so that permanency may occur at the
5 earliest opportunity. Permanent living arrangements may
6 include prevention of placement of a child outside the home
7 of the family when the child can be cared for at home without
8 endangering the child's health or safety; reunification with
9 the family, when safe and appropriate, if temporary placement
10 is necessary; or movement of the child toward the most
11 permanent living arrangement and permanent legal status.
12 When determining reasonable efforts to be made with
13 respect to a child, as described in this subsection, and in
14 making such reasonable efforts, the child's health and safety
15 shall be the paramount concern.
16 When a child is placed in foster care, the Department
17 shall ensure and document that reasonable efforts were made
18 to prevent or eliminate the need to remove the child from the
19 child's home. The Department must make reasonable efforts to
20 reunify the family when temporary placement of the child
21 occurs unless otherwise required, pursuant to the Juvenile
22 Court Act of 1987 or must request a finding from the court
23 that reasonable efforts are not appropriate or have been
24 unsuccessful. At any time after the dispositional hearing
25 where the Department believes that further reunification
26 services would be ineffective, it may request a finding from
27 the court that reasonable efforts are no longer appropriate.
28 The Department is not required to provide further
29 reunification services after such a finding.
30 A decision to place a child in substitute care shall be
31 made with considerations of the child's health, safety, and
32 best interests. At the time of placement, consideration
33 should also be given so that if reunification fails or is
34 delayed, the placement made is the best available placement
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1 to provide permanency for the child.
2 The Department shall adopt rules addressing concurrent
3 planning for reunification and permanency. The Department
4 shall consider the following factors when determining
5 appropriateness of concurrent planning:
6 (1) the likelihood of prompt reunification;
7 (2) the past history of the family;
8 (3) the barriers to reunification being addressed
9 by the family;
10 (4) the level of cooperation of the family;
11 (5) the foster parents' willingness to work with
12 the family to reunite;
13 (6) the willingness and ability of the foster
14 family to provide an adoptive home or long-term
15 placement;
16 (7) the age of the child;
17 (8) placement of siblings.
18 (m) The Department may assume temporary custody of any
19 child if:
20 (1) it has received a written consent to such
21 temporary custody signed by the parents of the child or
22 by the parent having custody of the child if the parents
23 are not living together or by the guardian or custodian
24 of the child if the child is not in the custody of either
25 parent, or
26 (2) the child is found in the State and neither a
27 parent, guardian nor custodian of the child can be
28 located.
29 If the child is found in his or her residence without a
30 parent, guardian, custodian or responsible caretaker, the
31 Department may, instead of removing the child and assuming
32 temporary custody, place an authorized representative of the
33 Department in that residence until such time as a parent,
34 guardian or custodian enters the home and expresses a
SB1339 Engrossed -11- LRB9011267SMpk
1 willingness and apparent ability to ensure the child's health
2 and safety and resume permanent charge of the child, or until
3 a relative enters the home and is willing and able to ensure
4 the child's health and safety and assume charge of the child
5 until a parent, guardian or custodian enters the home and
6 expresses such willingness and ability to ensure the child's
7 safety and resume permanent charge. After a caretaker has
8 remained in the home for a period not to exceed 12 hours, the
9 Department must follow those procedures outlined in Section
10 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
11 The Department shall have the authority, responsibilities
12 and duties that a legal custodian of the child would have
13 pursuant to subsection (9) of Section 1-3 of the Juvenile
14 Court Act of 1987. Whenever a child is taken into temporary
15 custody pursuant to an investigation under the Abused and
16 Neglected Child Reporting Act, or pursuant to a referral and
17 acceptance under the Juvenile Court Act of 1987 of a minor in
18 limited custody, the Department, during the period of
19 temporary custody and before the child is brought before a
20 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
21 of the Juvenile Court Act of 1987, shall have the authority,
22 responsibilities and duties that a legal custodian of the
23 child would have under subsection (9) of Section 1-3 of the
24 Juvenile Court Act of 1987.
25 The Department shall ensure that any child taken into
26 custody is scheduled for an appointment for a medical
27 examination.
28 A parent, guardian or custodian of a child in the
29 temporary custody of the Department who would have custody of
30 the child if he were not in the temporary custody of the
31 Department may deliver to the Department a signed request
32 that the Department surrender the temporary custody of the
33 child. The Department may retain temporary custody of the
34 child for 10 days after the receipt of the request, during
SB1339 Engrossed -12- LRB9011267SMpk
1 which period the Department may cause to be filed a petition
2 pursuant to the Juvenile Court Act of 1987. If a petition is
3 so filed, the Department shall retain temporary custody of
4 the child until the court orders otherwise. If a petition is
5 not filed within the 10 day period, the child shall be
6 surrendered to the custody of the requesting parent, guardian
7 or custodian not later than the expiration of the 10 day
8 period, at which time the authority and duties of the
9 Department with respect to the temporary custody of the child
10 shall terminate.
11 (n) The Department may place children under 18 years of
12 age in licensed child care facilities when in the opinion of
13 the Department, appropriate services aimed at family
14 preservation have been unsuccessful and cannot ensure the
15 child's health and safety or are unavailable and such
16 placement would be for their best interest. Payment for
17 board, clothing, care, training and supervision of any child
18 placed in a licensed child care facility may be made by the
19 Department, by the parents or guardians of the estates of
20 those children, or by both the Department and the parents or
21 guardians, except that no payments shall be made by the
22 Department for any child placed in a licensed child care
23 facility for board, clothing, care, training and supervision
24 of such a child that exceed the average per capita cost of
25 maintaining and of caring for a child in institutions for
26 dependent or neglected children operated by the Department.
27 However, such restriction on payments does not apply in cases
28 where children require specialized care and treatment for
29 problems of severe emotional disturbance, physical
30 disability, social adjustment, or any combination thereof and
31 suitable facilities for the placement of such children are
32 not available at payment rates within the limitations set
33 forth in this Section. All reimbursements for services
34 delivered shall be absolutely inalienable by assignment,
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1 sale, attachment, garnishment or otherwise.
2 (o) The Department shall establish an administrative
3 review and appeal process for children and families who
4 request or receive child welfare services from the
5 Department. Children who are wards of the Department and are
6 placed by private child welfare agencies, and foster families
7 with whom those children are placed, shall be afforded the
8 same procedural and appeal rights as children and families in
9 the case of placement by the Department, including the right
10 to an initial review of a private agency decision by that
11 agency. The Department shall insure that any private child
12 welfare agency, which accepts wards of the Department for
13 placement, affords those rights to children and foster
14 families. The Department shall accept for administrative
15 review and an appeal hearing a complaint made by (i) a child
16 or foster family concerning a decision following an initial
17 review by a private child welfare agency or (ii) a
18 prospective adoptive parent who alleges a violation of
19 subsection (j-5) of this Section. An appeal of a decision
20 concerning a change in the placement of a child shall be
21 conducted in an expedited manner.
22 (p) There is hereby created the Department of Children
23 and Family Services Emergency Assistance Fund from which the
24 Department may provide special financial assistance to
25 families which are in economic crisis when such assistance is
26 not available through other public or private sources and the
27 assistance is deemed necessary to prevent dissolution of the
28 family unit or to reunite families which have been separated
29 due to child abuse and neglect. The Department shall
30 establish administrative rules specifying the criteria for
31 determining eligibility for and the amount and nature of
32 assistance to be provided. The Department may also enter
33 into written agreements with private and public social
34 service agencies to provide emergency financial services to
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1 families referred by the Department. Special financial
2 assistance payments shall be available to a family no more
3 than once during each fiscal year and the total payments to a
4 family may not exceed $500 during a fiscal year.
5 (q) The Department may receive and use, in their
6 entirety, for the benefit of children any gift, donation or
7 bequest of money or other property which is received on
8 behalf of such children, or any financial benefits to which
9 such children are or may become entitled while under the
10 jurisdiction or care of the Department.
11 The Department shall set up and administer no-cost,
12 interest-bearing savings accounts in appropriate financial
13 institutions ("individual accounts") for children for whom
14 the Department is legally responsible and who have been
15 determined eligible for Veterans' Benefits, Social Security
16 benefits, assistance allotments from the armed forces, court
17 ordered payments, parental voluntary payments, Supplemental
18 Security Income, Railroad Retirement payments, Black Lung
19 benefits, or other miscellaneous payments. Interest earned
20 by each individual account shall be credited to the account,
21 unless disbursed in accordance with this subsection.
22 In disbursing funds from children's individual accounts,
23 the Department shall:
24 (1) Establish standards in accordance with State
25 and federal laws for disbursing money from children's
26 individual accounts. In all circumstances, the
27 Department's "Guardianship Administrator" or his or her
28 designee must approve disbursements from children's
29 individual accounts. The Department shall be responsible
30 for keeping complete records of all disbursements for
31 each individual account for any purpose.
32 (2) Calculate on a monthly basis the amounts paid
33 from State funds for the child's board and care, medical
34 care not covered under Medicaid, and social services; and
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1 utilize funds from the child's individual account, as
2 covered by regulation, to reimburse those costs.
3 Monthly, disbursements from all children's individual
4 accounts, up to 1/12 of $13,000,000, shall be deposited
5 by the Department into the General Revenue Fund and the
6 balance over 1/12 of $13,000,000 into the DCFS Children's
7 Services Fund.
8 (3) Maintain any balance remaining after
9 reimbursing for the child's costs of care, as specified
10 in item (2). The balance shall accumulate in accordance
11 with relevant State and federal laws and shall be
12 disbursed to the child or his or her guardian, or to the
13 issuing agency.
14 (r) The Department shall promulgate regulations
15 encouraging all adoption agencies to voluntarily forward to
16 the Department or its agent names and addresses of all
17 persons who have applied for and have been approved for
18 adoption of a hard-to-place or handicapped child and the
19 names of such children who have not been placed for adoption.
20 A list of such names and addresses shall be maintained by the
21 Department or its agent, and coded lists which maintain the
22 confidentiality of the person seeking to adopt the child and
23 of the child shall be made available, without charge, to
24 every adoption agency in the State to assist the agencies in
25 placing such children for adoption. The Department may
26 delegate to an agent its duty to maintain and make available
27 such lists. The Department shall ensure that such agent
28 maintains the confidentiality of the person seeking to adopt
29 the child and of the child.
30 (s) The Department of Children and Family Services may
31 establish and implement a program to reimburse Department and
32 private child welfare agency foster parents licensed by the
33 Department of Children and Family Services for damages
34 sustained by the foster parents as a result of the malicious
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1 or negligent acts of foster children, as well as providing
2 third party coverage for such foster parents with regard to
3 actions of foster children to other individuals. Such
4 coverage will be secondary to the foster parent liability
5 insurance policy, if applicable. The program shall be funded
6 through appropriations from the General Revenue Fund,
7 specifically designated for such purposes.
8 (t) The Department shall perform home studies and
9 investigations and shall exercise supervision over visitation
10 as ordered by a court pursuant to the Illinois Marriage and
11 Dissolution of Marriage Act or the Adoption Act only if:
12 (1) an order entered by an Illinois court
13 specifically directs the Department to perform such
14 services; and
15 (2) the court has ordered one or both of the
16 parties to the proceeding to reimburse the Department for
17 its reasonable costs for providing such services in
18 accordance with Department rules, or has determined that
19 neither party is financially able to pay.
20 The Department shall provide written notification to the
21 court of the specific arrangements for supervised visitation
22 and projected monthly costs within 60 days of the court
23 order. The Department shall send to the court information
24 related to the costs incurred except in cases where the court
25 has determined the parties are financially unable to pay. The
26 court may order additional periodic reports as appropriate.
27 (u) Whenever the Department places a child in a licensed
28 foster home, group home, child care institution, or in a
29 relative home, the Department shall provide to the caretaker:
30 (1) available detailed information concerning the
31 child's educational and health history, copies of
32 immunization records (including insurance and medical
33 card information), a history of the child's previous
34 placements, if any, and reasons for placement changes
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1 excluding any information that identifies or reveals the
2 location of any previous caretaker;
3 (2) a copy of the child's portion of the client
4 service plan, including any visitation arrangement, and
5 all amendments or revisions to it as related to the
6 child; and
7 (3) information containing details of the child's
8 individualized educational plan when the child is
9 receiving special education services.
10 The caretaker shall be informed of any known social or
11 behavioral information (including, but not limited to,
12 criminal background, fire setting, perpetuation of sexual
13 abuse, destructive behavior, and substance abuse) necessary
14 to care for and safeguard the child.
15 (u-5) Effective July 1, 1995, only foster care
16 placements licensed as foster family homes pursuant to the
17 Child Care Act of 1969 shall be eligible to receive foster
18 care payments from the Department. Relative caregivers who,
19 as of July 1, 1995, were approved pursuant to approved
20 relative placement rules previously promulgated by the
21 Department at 89 Ill. Adm. Code 335 and had submitted an
22 application for licensure as a foster family home may
23 continue to receive foster care payments only until the
24 Department determines that they may be licensed as a foster
25 family home or that their application for licensure is denied
26 or until September 30, 1995, whichever occurs first.
27 (v) The Department shall access criminal history record
28 information as defined in the Illinois Uniform Conviction
29 Information Act and information maintained in the
30 adjudicatory and dispositional record system as defined in
31 subdivision (A)19 of Section 55a of the Civil Administrative
32 Code of Illinois if the Department determines the information
33 is necessary to perform its duties under the Abused and
34 Neglected Child Reporting Act, the Child Care Act of 1969,
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1 and the Children and Family Services Act. The Department
2 shall provide for interactive computerized communication and
3 processing equipment that permits direct on-line
4 communication with the Department of State Police's central
5 criminal history data repository. The Department shall
6 comply with all certification requirements and provide
7 certified operators who have been trained by personnel from
8 the Department of State Police. In addition, one Office of
9 the Inspector General investigator shall have training in the
10 use of the criminal history information access system and
11 have access to the terminal. The Department of Children and
12 Family Services and its employees shall abide by rules and
13 regulations established by the Department of State Police
14 relating to the access and dissemination of this information.
15 (w) Within 120 days of August 20, 1995 (the effective
16 date of Public Act 89-392), the Department shall prepare and
17 submit to the Governor and the General Assembly, a written
18 plan for the development of in-state licensed secure child
19 care facilities that care for children who are in need of
20 secure living arrangements for their health, safety, and
21 well-being. For purposes of this subsection, secure care
22 facility shall mean a facility that is designed and operated
23 to ensure that all entrances and exits from the facility, a
24 building or a distinct part of the building, are under the
25 exclusive control of the staff of the facility, whether or
26 not the child has the freedom of movement within the
27 perimeter of the facility, building, or distinct part of the
28 building. The plan shall include descriptions of the types
29 of facilities that are needed in Illinois; the cost of
30 developing these secure care facilities; the estimated number
31 of placements; the potential cost savings resulting from the
32 movement of children currently out-of-state who are projected
33 to be returned to Illinois; the necessary geographic
34 distribution of these facilities in Illinois; and a proposed
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1 timetable for development of such facilities.
2 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
3 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
4 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
5 revised 10-20-97.)
6 (20 ILCS 505/8) (from Ch. 23, par. 5008)
7 Sec. 8. Scholarships and fee waivers. Each year the
8 Department may select from among the children under care, or
9 children formerly under care who have been adopted or are in
10 the subsidized guardianship program, a maximum of 48 24
11 students, (at least 4 of whom shall be children of veterans),
12 who have completed 4 years in an accredited high school; the
13 children selected who shall be eligible for scholarships and
14 fee waivers which will entitle them to 4 consecutive years of
15 community college, university, or college education.
16 Selection shall be made on the basis of scholastic record,
17 aptitude, and general interest in higher education. In
18 accordance with this Act, tuition scholarships and fee
19 waivers shall be available to such students at any university
20 or college maintained by the State of Illinois. The
21 Department shall provide maintenance and school expenses,
22 except tuition and fees, during the academic years to
23 supplement the students' earnings or other resources so long
24 as they consistently maintain scholastic records which are
25 acceptable to their schools and to the Department. Students
26 may attend other colleges and universities, if scholarships
27 are awarded them, and receive the same benefits for
28 maintenance and other expenses as those students attending
29 any Illinois State community college, university, or college
30 under this Section.
31 (Source: P.A. 84-168.)
32 Section 10. The Child Death Review Team Act is amended
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1 by changing Section 20 as follows:
2 (20 ILCS 515/20)
3 Sec. 20. Reviews of child deaths.
4 (a) Every child death shall be reviewed by the team in
5 the subregion which has primary case management
6 responsibility. The deceased child must be one of the
7 following:
8 (1) A ward of the Department.
9 (2) The subject of an open service case maintained
10 by the Department.
11 (3) The subject of a pending child abuse or neglect
12 investigation.
13 (4) A child who was the subject of an abuse or
14 neglect investigation at any time during the 12 months
15 preceding the child's death.
16 (5) Any other child whose death is reported to the
17 State central register as a result of alleged child abuse
18 or neglect which report is subsequently indicated.
19 A child death review team may, at its discretion, review
20 other sudden, unexpected, or unexplained child deaths.
21 (b) A child death review team's purpose in conducting
22 reviews of child deaths is to do the following:
23 (1) Assist in determining the cause and manner of
24 the child's death, when requested.
25 (2) Evaluate means by which the death might have
26 been prevented.
27 (3) Report its findings to appropriate agencies and
28 make recommendations that may help to reduce the number
29 of child deaths caused by abuse or neglect.
30 (4) Promote continuing education for professionals
31 involved in investigating, treating, and preventing child
32 abuse and neglect as a means of preventing child deaths
33 due to abuse or neglect.
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1 (5) Make specific recommendations to the Director
2 and the Inspector General of the Department concerning
3 the prevention of child deaths due to abuse or neglect
4 and the establishment of protocols for investigating
5 child deaths.
6 (c) A child death review team shall review a child death
7 as soon as practical and not later than 90 days following the
8 completion by the Department of the investigation of the
9 death under the Abused and Neglected Child Reporting Act.
10 When there has been no investigation by the Department, the
11 child death review team shall review a child's death within
12 90 days after obtaining the information necessary to complete
13 the review from the coroner, pathologist, medical examiner,
14 or law enforcement agency, depending on the nature of the
15 case. A child death review team shall meet at least once in
16 each calendar quarter.
17 (d) The Director shall, within 90 days, review and reply
18 to recommendations made by a team under item (5) of
19 subsection (b). The Director shall implement recommendations
20 as feasible and appropriate and shall respond in writing to
21 explain the implementation or nonimplementation of the
22 recommendations.
23 (Source: P.A. 90-239, eff. 7-28-97.)
24 Section 15. The Hospital Licensing Act is amended by
25 changing Section 9 as follows:
26 (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
27 Sec. 9. The Department shall make or cause to be made
28 such inspections and investigations as it deems necessary.
29 Information received by the Department through filed reports,
30 inspection, or as otherwise authorized under this Act shall
31 not be disclosed publicly in such manner as to identify
32 individuals or hospitals, except (i) in a proceeding
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1 involving the denial, suspension, or revocation of a permit
2 to establish a hospital or a proceeding involving the denial,
3 suspension, or revocation of a license to open, conduct,
4 operate, and maintain a hospital, (ii) to the Department of
5 Children and Family Services in the course of a child abuse
6 or neglect investigation conducted by that Department or by
7 the Department of Public Health, or (iii) in other
8 circumstances as may be approved by the Hospital Licensing
9 Board.
10 (Source: Laws 1965, p. 2350.)
11 Section 20. The Abused and Neglected Child Reporting Act
12 is amended by changing Section 8.2 as follows:
13 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
14 Sec. 8.2. If the Child Protective Service Unit
15 determines, following an investigation made pursuant to
16 Section 7.4 of this Act, that there is credible evidence that
17 the child is abused or neglected, the Department shall assess
18 the family's need for services, and, as necessary, develop,
19 with the family, an appropriate service plan for the family's
20 voluntary acceptance or refusal. In any case where there is
21 evidence that the perpetrator of the abuse or neglect is an
22 addict or alcoholic as defined in the Alcoholism and Other
23 Drug Abuse and Dependency Act, the Department, when making
24 referrals for drug or alcohol abuse services, shall make such
25 referrals to facilities licensed by the Department of Human
26 Services or the Department of Public Health. The Department
27 shall comply with Section 8.1 by explaining its lack of legal
28 authority to compel the acceptance of services and may
29 explain its concomitant authority to petition the Circuit
30 court under the Juvenile Court Act of 1987 or refer the case
31 to the local law enforcement authority or State's attorney
32 for criminal prosecution.
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1 For purposes of this Act, the term "family preservation
2 services" refers to all services to help families, including
3 adoptive and extended families. Family preservation services
4 shall be offered, where safe and appropriate, to prevent the
5 placement of children in substitute care when the children
6 can be cared for at home or in the custody of the person
7 responsible for the children's welfare without endangering
8 the children's health or safety, to reunite them with their
9 families if so placed when reunification is an appropriate
10 goal, or to maintain an adoptive placement. The term
11 "homemaker" includes emergency caretakers, homemakers,
12 caretakers, housekeepers and chore services. The term
13 "counseling" includes individual therapy, infant stimulation
14 therapy, family therapy, group therapy, self-help groups,
15 drug and alcohol abuse counseling, vocational counseling and
16 post-adoptive services. The term "day care" includes
17 protective day care and day care to meet educational,
18 prevocational or vocational needs. The term "emergency
19 assistance and advocacy" includes coordinated services to
20 secure emergency cash, food, housing and medical assistance
21 or advocacy for other subsistence and family protective
22 needs.
23 Before July 1, 2000, appropriate family preservation
24 services shall, subject to appropriation, be included in the
25 service plan if the Department has determined that those
26 services will ensure the child's health and safety, are in
27 the child's best interests, and will not place the child in
28 imminent risk of harm. Beginning July 1, 2000, appropriate
29 family preservation services shall be uniformly available
30 throughout the State. The Department shall promptly notify
31 children and families of the Department's responsibility to
32 offer and provide family preservation services as identified
33 in the service plan. Such plans may include but are not
34 limited to: case management services; homemakers; counseling;
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1 parent education; day care; emergency assistance and advocacy
2 assessments; respite care; in-home health care;
3 transportation to obtain any of the above services; and
4 medical assistance. Nothing in this paragraph shall be
5 construed to create a private right of action or claim on the
6 part of any individual or child welfare agency.
7 The Department shall provide a preliminary report to the
8 General Assembly no later than January 1, 1991, in regard to
9 the provision of services authorized pursuant to this
10 Section. The report shall include:
11 (a) the number of families and children served, by
12 type of services;
13 (b) the outcome from the provision of such
14 services, including the number of families which remained
15 intact at least 6 months following the termination of
16 services;
17 (c) the number of families which have been subjects
18 of founded reports of abuse following the termination of
19 services;
20 (d) an analysis of general family circumstances in
21 which family preservation services have been determined
22 to be an effective intervention;
23 (e) information regarding the number of families in
24 need of services but unserved due to budget or program
25 criteria guidelines;
26 (f) an estimate of the time necessary for and the
27 annual cost of statewide implementation of such services;
28 (g) an estimate of the length of time before
29 expansion of these services will be made to include
30 families with children over the age of 6; and
31 (h) recommendations regarding any proposed
32 legislative changes to this program.
33 Each Department field office shall maintain on a local
34 basis directories of services available to children and
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1 families in the local area where the Department office is
2 located.
3 The Department shall refer children and families served
4 pursuant to this Section to private agencies and governmental
5 agencies, where available.
6 Where there are 2 equal proposals from both a
7 not-for-profit and a for-profit agency to provide services,
8 the Department shall give preference to the proposal from the
9 not-for-profit agency.
10 No service plan shall compel any child or parent to
11 engage in any activity or refrain from any activity which is
12 not reasonably related to remedying a condition or conditions
13 that gave rise or which could give rise to any finding of
14 child abuse or neglect.
15 (Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14,
16 eff. 7-1-97; 90-28, eff. 1-1-98.)
17 Section 25. The Vital Records Act is amended by changing
18 Section 8 as follows:
19 (410 ILCS 535/8) (from Ch. 111 1/2, par. 73-8)
20 Sec. 8. Each local registrar shall:
21 (1) Appoint one or more deputies to act for him in his
22 absence or to assist him. Such deputies shall be subject to
23 all rules and regulations governing local registrars.
24 (2) Appoint one or more subregistrars when necessary for
25 the convenience of the people. To become effective, such
26 appointments must be approved by the State Registrar of Vital
27 Records. A subregistrar shall exercise such authority as is
28 given him by the local registrar and is subject to the
29 supervision and control of the State Registrar of Vital
30 Records, and shall be liable to the same penalties as local
31 registrars, as provided in Section 27 of this Act.
32 (3) Administer and enforce the provisions of this Act
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1 and the instructions, rules, and regulations issued
2 hereunder.
3 (4) Require that certificates be completed and filed in
4 accordance with the provisions of this Act and the rules and
5 regulations issued hereunder.
6 (5) Prepare and transmit monthly an accurate copy of
7 each record of live birth, death, and fetal death to the
8 county clerk of his county. He shall also, in the case of a
9 death of a person who was a resident of another county,
10 prepare an additional copy of the death record and transmit
11 it to the county clerk of the county in which such person was
12 a resident. In no case shall the county clerk's copy of a
13 live birth record include the section of the certificate
14 which contains information for health and statistical program
15 use only.
16 (6) (Blank).
17 (7) Prepare, file, and retain for a period of at least
18 10 years in his own office an accurate copy of each record of
19 live birth, death, and fetal death accepted for registration.
20 Only in those instances in which the local registrar is also
21 a full time city, village, incorporated town, public health
22 district, county, or multi-county health officer recognized
23 by the Department may the health and statistical data section
24 of the live birth record be made a part of this copy.
25 (8) Transmit monthly the certificates, reports, or other
26 returns filed with him to the State Registrar of Vital
27 Records, or more frequently when directed to do so by the
28 State Registrar of Vital Records.
29 (8.5) Transmit monthly to the State central register of
30 the Illinois Department of Children and Family Services a
31 copy of all death certificates of persons under 18 years of
32 age who have died within the month.
33 (9) Maintain such records, make such reports, and
34 perform such other duties as may be required by the State
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1 Registrar of Vital Records.
2 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
3 Section 30. The Juvenile Court Act of 1987 is amended
4 by changing Sections 1-2, 1-3, 1-5, 2-13, 2-14, 2-15, 2-16,
5 2-18, 2-21, 2-22, 2-23, 2-27, 2-28, 2-28.1, 2-29, and 2-31
6 and adding Section 2-13.1 as follows:
7 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
8 Sec. 1-2. Purpose and policy.
9 (1) The purpose of this Act is to secure for each minor
10 subject hereto such care and guidance, preferably in his or
11 her own home, as will serve the safety and moral, emotional,
12 mental, and physical welfare of the minor and the best
13 interests of the community; to preserve and strengthen the
14 minor's family ties whenever possible, removing him or her
15 from the custody of his or her parents only when his or her
16 safety or welfare or the protection of the public cannot be
17 adequately safeguarded without removal; if the child is
18 removed from the custody of his or her parent, the Department
19 of Children and Family Services immediately shall consider
20 concurrent planning, as described in Section 5 of the
21 Children and Family Services Act so that permanency may occur
22 at the earliest opportunity; consideration should be given so
23 that if reunification fails or is delayed, the placement made
24 is the best available placement to provide permanency for the
25 child; and, when the minor is removed from his or her own
26 family, to secure for him or her custody, care and discipline
27 as nearly as possible equivalent to that which should be
28 given by his or her parents, and in cases where it should and
29 can properly be done to place the minor in a family home so
30 that he or she may become a member of the family by legal
31 adoption or otherwise. Provided that a ground for unfitness
32 under the Adoption Act can be met, it may be appropriate to
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1 expedite termination of parental rights:
2 (a) when reasonable efforts are inappropriate, or
3 have been provided and were unsuccessful, and there are
4 aggravating circumstances including, but not limited to,
5 those cases in which (i) a child or a sibling of the
6 child was (A) abandoned, (B) tortured, or (C) chronically
7 abused or (ii) the parent is criminally convicted of (A)
8 first degree murder or second degree murder of any child,
9 (B) attempt or conspiracy to commit first degree murder
10 or second degree murder of any child, (C) solicitation to
11 commit murder, solicitation to commit murder for hire, or
12 solicitation to commit second degree murder of any child,
13 or accountability for the first or second degree murder
14 of any child, or (D) aggravated criminal sexual assault
15 in violation of Section 12-14(b)(1) of the Criminal Code
16 of 1961; or
17 (b) when the parental rights of a parent with
18 respect to a sibling of the child have been involuntarily
19 terminated; or
20 (c) in those extreme cases in which the parent's
21 incapacity to care for the child, combined with an
22 extremely poor prognosis for treatment or rehabilitation,
23 justifies expedited termination of parental rights.
24 (2) In all proceedings under this Act the court may
25 direct the course thereof so as promptly to ascertain the
26 jurisdictional facts and fully to gather information bearing
27 upon the current condition and future welfare of persons
28 subject to this Act. This Act shall be administered in a
29 spirit of humane concern, not only for the rights of the
30 parties, but also for the fears and the limits of
31 understanding of all who appear before the court.
32 (3) In all procedures under this Act, the following
33 shall apply:
34 (a) The procedural rights assured to the minor
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1 shall be the rights of adults unless specifically
2 precluded by laws which enhance the protection of such
3 minors.
4 (b) Every child has a right to services necessary
5 to his or her safety and proper development, including
6 health, education and social services.
7 (c) The parents' right to the custody of their
8 child shall not prevail when the court determines that it
9 is contrary to the health, safety, and best interests of
10 the child.
11 (4) This Act shall be liberally construed to carry out
12 the foregoing purpose and policy.
13 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
14 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
15 eff. 8-16-97.)
16 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
17 Sec. 1-3. Definitions. Terms used in this Act, unless
18 the context otherwise requires, have the following meanings
19 ascribed to them:
20 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
21 hearing to determine whether the allegations of a petition
22 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
23 of age is abused, neglected or dependent, or requires
24 authoritative intervention, or addicted, respectively, are
25 supported by a preponderance of the evidence or whether the
26 allegations of a petition under Section 5-13 that a minor is
27 delinquent are proved beyond a reasonable doubt.
28 (2) Adult. "Adult" means a person 21 years of age or
29 older.
30 (3) Agency. "Agency" means a public or private child
31 care facility legally authorized or licensed by this State
32 for placement or institutional care or for both placement and
33 institutional care.
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1 (4) Association. "Association" means any organization,
2 public or private, engaged in welfare functions which include
3 services to or on behalf of children but does not include
4 "agency" as herein defined.
5 (4.05) Best Interests. Whenever a "best interest"
6 determination is required, the following factors shall be
7 considered in the context of the child's age and
8 developmental needs:
9 (a) the physical safety and welfare of the child,
10 including food, shelter, health, and clothing;
11 (b) the development of the child's identity;
12 (c) the child's background and ties, including familial,
13 racial, cultural, and religious;
14 (d) the child's sense of attachments, including:
15 (i) where the child actually feels love,
16 attachment, and a sense of being valued (as opposed to
17 where adults believe the child should feel such love,
18 attachment, and a sense of being valued);
19 (ii) the child's sense of security;
20 (iii) the child's sense of familiarity;
21 (iv) continuity of affection for the child;
22 (v) the least disruptive placement alternative for
23 the child;
24 (e) the child's wishes and long-term goals;
25 (f) the child's community ties, including church,
26 school, and friends;
27 (g) the child's need for permanence which includes the
28 child's need for stability and continuity of relationship
29 with parent figures and with siblings and other relatives
30 permanence for the child;
31 (h) the uniqueness of every family and child;
32 (i) the risks attendant to entering and being in
33 substitute care; and
34 (j) the preferences of the persons available to care for
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1 the child.
2 (4.1) Chronic truant. "Chronic truant" shall have the
3 definition ascribed to it in Section 26-2a of the School
4 Code.
5 (5) Court. "Court" means the circuit court in a session
6 or division assigned to hear proceedings under this Act.
7 (6) Dispositional hearing. "Dispositional hearing" means
8 a hearing to determine whether a minor should be adjudged to
9 be a ward of the court, and to determine what order of
10 disposition should be made in respect to a minor adjudged to
11 be a ward of the court.
12 (7) Emancipated minor. "Emancipated minor" means any
13 minor 16 years of age or over who has been completely or
14 partially emancipated under the "Emancipation of Mature
15 Minors Act", enacted by the Eighty-First General Assembly, or
16 under this Act.
17 (8) Guardianship of the person. "Guardianship of the
18 person" of a minor means the duty and authority to act in the
19 best interests of the minor, subject to residual parental
20 rights and responsibilities, to make important decisions in
21 matters having a permanent effect on the life and development
22 of the minor and to be concerned with his or her general
23 welfare. It includes but is not necessarily limited to:
24 (a) the authority to consent to marriage, to
25 enlistment in the armed forces of the United States, or
26 to a major medical, psychiatric, and surgical treatment;
27 to represent the minor in legal actions; and to make
28 other decisions of substantial legal significance
29 concerning the minor;
30 (b) the authority and duty of reasonable
31 visitation, except to the extent that these have been
32 limited in the best interests of the minor by court
33 order;
34 (c) the rights and responsibilities of legal
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1 custody except where legal custody has been vested in
2 another person or agency; and
3 (d) the power to consent to the adoption of the
4 minor, but only if expressly conferred on the guardian in
5 accordance with Section 2-29, 3-30, 4-27 or 5-31.
6 (9) Legal custody. "Legal custody" means the
7 relationship created by an order of court in the best
8 interests of the minor which imposes on the custodian the
9 responsibility of physical possession of a minor and the duty
10 to protect, train and discipline him and to provide him with
11 food, shelter, education and ordinary medical care, except as
12 these are limited by residual parental rights and
13 responsibilities and the rights and responsibilities of the
14 guardian of the person, if any.
15 (10) Minor. "Minor" means a person under the age of 21
16 years subject to this Act.
17 (11) Parents. "Parent" means the father or mother of a
18 child and includes any adoptive parent. It also includes the
19 father whose paternity is presumed or has been established
20 under the law of this or another jurisdiction. It does not
21 include a parent whose rights in respect to the minor have
22 been terminated in any manner provided by law.
23 (11.1) "Permanency goal" means a goal set by the court
24 as defined in subdivision (2)(c) of Section 2-28 or
25 subsection (c) of Section 2-28.01 or in counties with a
26 population of 3,000,000 or more, a goal ordered by a judge.
27 (11.2) "Permanency hearing" means a hearing to set the
28 permanency goal and to review and determine (i) the
29 appropriateness of the permanency goal, (ii) the
30 appropriateness of the services contained in the plan and
31 whether those services have been provided, (ii) (iii) whether
32 reasonable efforts have been made by all the parties to the
33 service plan to achieve the goal, and (iii) (iv) whether the
34 plan and goal have been achieved.
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1 (12) Petition. "Petition" means the petition provided
2 for in Section 2-13, 3-15, 4-12 or 5-13, including any
3 supplemental petitions thereunder in Section 3-15, 4-12 or
4 5-13.
5 (13) Residual parental rights and responsibilities.
6 "Residual parental rights and responsibilities" means those
7 rights and responsibilities remaining with the parent after
8 the transfer of legal custody or guardianship of the person,
9 including, but not necessarily limited to, the right to
10 reasonable visitation (which may be limited by the court in
11 the best interests of the minor as provided in subsection
12 (8)(b) of this Section), the right to consent to adoption,
13 the right to determine the minor's religious affiliation, and
14 the responsibility for his support.
15 (14) Shelter. "Shelter" means the temporary care of a
16 minor in physically unrestricting facilities pending court
17 disposition or execution of court order for placement.
18 (15) Station adjustment. "Station adjustment" means the
19 informal handling of an alleged offender by a juvenile police
20 officer.
21 (16) Ward of the court. "Ward of the court" means a
22 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
23 5-22, after a finding of the requisite jurisdictional facts,
24 and thus is subject to the dispositional powers of the court
25 under this Act.
26 (17) Juvenile police officer. "Juvenile police officer"
27 means a sworn police officer who has completed a Basic
28 Recruit Training Course, has been assigned to the position of
29 juvenile police officer by his or her chief law enforcement
30 officer and has completed the necessary juvenile officers
31 training as prescribed by the Illinois Law Enforcement
32 Training Standards Board, or in the case of a State police
33 officer, juvenile officer training approved by the Director
34 of the Department of State Police.
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1 (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; revised
2 11-12-97.)
3 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
4 Sec. 1-5. Rights of parties to proceedings.
5 (1) Except as provided in this Section and paragraph (2)
6 of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
7 subject of the proceeding and his parents, guardian, legal
8 custodian or responsible relative who are parties respondent
9 have the right to be present, to be heard, to present
10 evidence material to the proceedings, to cross-examine
11 witnesses, to examine pertinent court files and records and
12 also, although proceedings under this Act are not intended to
13 be adversary in character, the right to be represented by
14 counsel. At the request of any party financially unable to
15 employ counsel, with the exception of a foster parent
16 permitted to intervene under this Section, the court shall
17 appoint the Public Defender or such other counsel as the case
18 may require. Counsel appointed for the minor and any indigent
19 party shall appear at all stages of the trial court
20 proceeding, and such appointment shall continue through the
21 permanency hearings and termination of parental rights
22 proceedings subject to withdrawal or substitution pursuant to
23 Supreme Court Rules or the Code of Civil Procedure. Following
24 the dispositional hearing, the court may require appointed
25 counsel, other than counsel for the minor or counsel for the
26 guardian ad litem, to withdraw his or her appearance upon
27 failure of the party for whom counsel was appointed under
28 this Section to attend any subsequent proceedings.
29 No hearing on any petition or motion filed under this Act
30 may be commenced unless the minor who is the subject of the
31 proceeding is represented by counsel. Each adult respondent
32 shall be furnished a written "Notice of Rights" at or before
33 the first hearing at which he or she appears.
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1 (1.5) The Department shall maintain a system of response
2 to inquiry made by parents or putative parents as to whether
3 their child is under the custody or guardianship of the
4 Department; and if so, the Department shall direct the
5 parents or putative parents to the appropriate court of
6 jurisdiction, including where inquiry may be made of the
7 clerk of the court regarding the case number and the next
8 scheduled court date of the minor's case. Effective notice
9 and the means of accessing information shall be given to the
10 public on a continuing basis by the Department.
11 (2) (a) Though not appointed guardian or legal custodian
12 or otherwise made a party to the proceeding, any current or
13 previously appointed foster parent or relative caregiver, or
14 representative of an agency or association interested in the
15 minor has the right to be heard by the court, but does not
16 thereby become a party to the proceeding.
17 In addition to the foregoing right to be heard by the
18 court, any current foster parent or relative caregiver of a
19 minor and the agency designated by the court or the
20 Department of Children and Family Services as custodian of
21 the minor who is alleged to be or has been adjudicated an
22 abused or neglected minor under Section 2-3 or a dependent
23 minor under Section 2-4 of this Act has the right to and
24 shall be given adequate notice at all stages of any hearing
25 or proceeding under this Act wherein the custody or status of
26 the minor may be changed. Such notice shall contain a
27 statement regarding the nature and denomination of the
28 hearing or proceeding to be held, any the change in custody
29 or status of the minor sought to be obtained at such hearing
30 or proceeding, and the date, time and place of such hearing
31 or proceeding. The Department of Children and Family
32 Services or the licensed child welfare agency that has placed
33 the minor with the foster parent shall notify the clerk of
34 the court of the name and address of the current foster
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1 parent. This notification shall not constitute a violation
2 of Section 35.3 of the Children and Family Services Act. The
3 clerk shall mail the notice by certified mail marked for
4 delivery to addressee only. The regular return receipt for
5 certified mail is sufficient proof of service.
6 Any foster parent who is denied his or her right to be
7 heard under this Section may bring a mandamus action under
8 Article XIV of the Code of Civil Procedure against the court
9 or any public agency to enforce that right. The mandamus
10 action may be brought immediately upon the denial of those
11 rights but in no event later than 30 days after the foster
12 parent has been denied the right to be heard.
13 (b) If after an adjudication that a minor is abused or
14 neglected as provided under Section 2-21 of this Act and a
15 motion has been made to restore the minor to any parent,
16 guardian, or legal custodian found by the court to have
17 caused the neglect or to have inflicted the abuse on the
18 minor, a foster parent may file a motion to intervene in the
19 proceeding for the sole purpose of requesting that the minor
20 be placed with the foster parent, provided that the foster
21 parent (i) is the current foster parent of the minor or (ii)
22 has previously been a foster parent for the minor for one
23 year or more, has a foster care license or is eligible for a
24 license, and is not the subject of any findings of abuse or
25 neglect of any child. The juvenile court may only enter
26 orders placing a minor with a specific foster parent under
27 this subsection (2)(b) and nothing in this Section shall be
28 construed to confer any jurisdiction or authority on the
29 juvenile court to issue any other orders requiring the
30 appointed guardian or custodian of a minor to place the minor
31 in a designated foster home or facility. This Section is not
32 intended to encompass any matters that are within the scope
33 or determinable under the administrative and appeal process
34 established by rules of the Department of Children and Family
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1 Services under Section 5(o) of the Children and Family
2 Services Act. Nothing in this Section shall relieve the
3 court of its responsibility, under Section 2-14(a) of this
4 Act to act in a just and speedy manner to reunify families
5 where it is the best interests of the minor and the child can
6 be cared for at home without endangering the child's health
7 or safety and, if reunification is not in the best interests
8 of the minor, to find another permanent home for the minor.
9 Nothing in this Section, or in any order issued by the court
10 with respect to the placement of a minor with a foster
11 parent, shall impair the ability of the Department of
12 Children and Family Services, or anyone else authorized under
13 Section 5 of the Abused and Neglected Child Reporting Act, to
14 remove a minor from the home of a foster parent if the
15 Department of Children and Family Services or the person
16 removing the minor has reason to believe that the
17 circumstances or conditions of the minor are such that
18 continuing in the residence or care of the foster parent will
19 jeopardize the child's health and safety or present an
20 imminent risk of harm to that minor's life.
21 (c) If a foster parent has had the minor who is the
22 subject of the proceeding under Article II in his or her home
23 for more than one year on or after July 3, 1994 and if the
24 minor's placement is being terminated from that foster
25 parent's home, that foster parent shall have standing and
26 intervenor status except in those circumstances where the
27 Department of Children and Family Services or anyone else
28 authorized under Section 5 of the Abused and Neglected Child
29 Reporting Act has removed the minor from the foster parent
30 because of a reasonable belief that the circumstances or
31 conditions of the minor are such that continuing in the
32 residence or care of the foster parent will jeopardize the
33 child's health or safety or presents an imminent risk of harm
34 to the minor's life.
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1 (d) The court may grant standing to any foster parent if
2 the court finds that it is in the best interest of the child
3 for the foster parent to have standing and intervenor status.
4 (3) Parties respondent are entitled to notice in
5 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
6 and 4-15 or 5-15 and 5-16, as appropriate. At the first
7 appearance before the court by the minor, his parents,
8 guardian, custodian or responsible relative, the court shall
9 explain the nature of the proceedings and inform the parties
10 of their rights under the first 2 paragraphs of this Section.
11 If the child is alleged to be abused, neglected or
12 dependent, the court shall admonish the parents that if the
13 court declares the child to be a ward of the court and awards
14 custody or guardianship to the Department of Children and
15 Family Services, the parents must cooperate with the
16 Department of Children and Family Services, comply with the
17 terms of the service plans, and correct the conditions that
18 require the child to be in care, or risk termination of their
19 parental rights.
20 Upon an adjudication of wardship of the court under
21 Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
22 parties of their right to appeal therefrom as well as from
23 any other final judgment of the court.
24 When the court finds that a child is an abused,
25 neglected, or dependent minor under Section 2-21, the court
26 shall admonish the parents that the parents must cooperate
27 with the Department of Children and Family Services, comply
28 with the terms of the service plans, and correct the
29 conditions that require the child to be in care, or risk
30 termination of their parental rights.
31 When the court declares a child to be a ward of the court
32 and awards guardianship to the Department of Children and
33 Family Services under Section 2-22, the court shall admonish
34 the parents, guardian, custodian, or responsible relative
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1 that the parents must cooperate with the Department of
2 Children and Family Services, comply with the terms of the
3 service plans, and correct the conditions that require the
4 child to be in care, or risk termination of their parental
5 rights.
6 (4) No sanction may be applied against the minor who is
7 the subject of the proceedings by reason of his refusal or
8 failure to testify in the course of any hearing held prior to
9 final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
10 (5) In the discretion of the court, the minor may be
11 excluded from any part or parts of a dispositional hearing
12 and, with the consent of the parent or parents, guardian,
13 counsel or a guardian ad litem, from any part or parts of an
14 adjudicatory hearing.
15 (6) The general public except for the news media and the
16 victim shall be excluded from any hearing and, except for the
17 persons specified in this Section only persons, including
18 representatives of agencies and associations, who in the
19 opinion of the court have a direct interest in the case or in
20 the work of the court shall be admitted to the hearing.
21 However, the court may, for the minor's safety and protection
22 and for good cause shown, prohibit any person or agency
23 present in court from further disclosing the minor's
24 identity.
25 (7) A party shall not be entitled to exercise the right
26 to a substitution of a judge without cause under subdivision
27 (a)(2) of Section 2-1001 of the Code of Civil Procedure in a
28 proceeding under this Act if the judge is currently assigned
29 to a proceeding involving the alleged abuse, neglect, or
30 dependency of the minor's sibling or half sibling and that
31 judge has made a substantive ruling in the proceeding
32 involving the minor's sibling or half sibling.
33 (Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
34 eff. 1-1-98.)
SB1339 Engrossed -40- LRB9011267SMpk
1 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
2 Sec. 2-13. Petition.
3 (1) Any adult person, any agency or association by its
4 representative may file, or the court on its own motion,
5 consistent with the health, safety and best interests of the
6 minor may direct the filing through the State's Attorney of a
7 petition in respect of a minor under this Act. The petition
8 and all subsequent court documents shall be entitled "In the
9 interest of ...., a minor".
10 (2) The petition shall be verified but the statements
11 may be made upon information and belief. It shall allege
12 that the minor is abused, neglected, or dependent, with
13 citations to the appropriate provisions of this Act, and set
14 forth (a) facts sufficient to bring the minor under Section
15 2-3 or 2-4 and to inform respondents of the cause of action,
16 including, but not limited to, a plain and concise statement
17 of the factual allegations that form the basis for the filing
18 of the petition; (b) the name, age and residence of the
19 minor; (c) the names and residences of his parents; (d) the
20 name and residence of his legal guardian or the person or
21 persons having custody or control of the minor, or of the
22 nearest known relative if no parent or guardian can be found;
23 and (e) if the minor upon whose behalf the petition is
24 brought is sheltered in custody, the date on which such
25 temporary custody was ordered by the court or the date set
26 for a temporary custody hearing. If any of the facts herein
27 required are not known by the petitioner, the petition shall
28 so state.
29 (3) The petition must allege that it is in the best
30 interests of the minor and of the public that he be adjudged
31 a ward of the court and may pray generally for relief
32 available under this Act. The petition need not specify any
33 proposed disposition following adjudication of wardship.
34 (4) If termination of parental rights and appointment of
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1 a guardian of the person with power to consent to adoption of
2 the minor under Section 2-29 is sought, the petition shall so
3 state. If the petition includes this request, the prayer for
4 relief shall clearly and obviously state that the parents
5 could permanently lose their rights as a parent at this
6 hearing.
7 In addition to the foregoing, the petitioner, by motion,
8 may request the termination of parental rights and
9 appointment of a guardian of the person with power to consent
10 to adoption of the minor under Section 2-29 at any time after
11 the entry of a dispositional order under Section 2-22.
12 (4.5) (a) With respect to any minors committed to its
13 care pursuant to this Act, the Department of Children and
14 Family Services shall request the State's Attorney to file a
15 petition or motion for termination of parental rights and
16 appointment of guardian of the person with power to consent
17 to adoption of the minor under Section 2-29 if:
18 (i) a minor has been in foster care, as described
19 in subsection (b), for 15 months of the most recent 22
20 months; or
21 (ii) a minor under the age of 2 years has been
22 previously determined to be abandoned at an adjudicatory
23 hearing; or
24 (iii) the parent is criminally convicted of (A)
25 first degree murder or second degree murder of any child,
26 (B) attempt or conspiracy to commit first degree murder
27 or second degree murder of any child, (C) solicitation to
28 commit murder of any child, solicitation to commit murder
29 for hire of any child, or solicitation to commit second
30 degree murder of any child, (D) aggravated battery,
31 aggravated battery of a child, or felony domestic
32 battery, any of which has resulted in serious injury to
33 the minor or a sibling of the minor, (E) aggravated
34 criminal sexual assault in violation of subdivision
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1 (b)(1) of Section 12-14 of the Criminal Code of 1961, or
2 (F) an offense in any other state the elements of which
3 are similar and bear a substantial relationship to any of
4 the foregoing offenses
5 unless:
6 (i) the child is being cared for by a relative,
7 (ii) the Department has documented in the case plan
8 a compelling reason for determining that filing such
9 petition would not be in the best interests of the child,
10 (iii) the court has found within the preceding 12
11 months that the Department has failed to make reasonable
12 efforts to reunify the child and family, or
13 (iv) paragraph (c) of this subsection (4.5)
14 provides otherwise.
15 (b) For purposes of this subsection, the date of
16 entering foster care is defined as the earlier of:
17 (1) The date of a judicial finding at an
18 adjudicatory hearing that the child is an abused,
19 neglected, or dependent minor; or
20 (2) 60 days after the date on which the child is
21 removed from his or her parent, guardian, or legal
22 custodian.
23 (c) With respect to paragraph (a)(i), the following
24 transition rules shall apply:
25 (1) If the child entered foster care after November
26 19, 1997 and this amendatory Act of 1998 takes effect
27 before the child has been in foster care for 15 months of
28 the preceding 22 months, then the Department shall comply
29 with the requirements of paragraph (a) of this subsection
30 (4.5) for that child as soon as the child has been in
31 foster care for 15 of the preceding 22 months.
32 (2) If the child entered foster care after November
33 19, 1997 and this amendatory Act of 1998 takes effect
34 after the child has been in foster care for 15 of the
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1 preceding 22 months, then the Department shall comply
2 with the requirements of paragraph (a) of this subsection
3 (4.5) for that child within 3 months after the end of the
4 next regular session of the General Assembly.
5 (3) If the child entered foster care prior to
6 November 19, 1997, then the Department shall comply with
7 the requirements of paragraph (a) of this subsection
8 (4.5) for that child in accordance with Department policy
9 or rule.
10 (d) If the State's Attorney determines that the
11 Department's request for filing of a petition or motion
12 conforms to the requirements set forth in subsections (a),
13 (b) and (c) of this subsection (4.5), then the State's
14 Attorney shall file the petition or motion as requested.
15 (5) The court shall liberally allow the petitioner to
16 amend the petition to set forth a cause of action or to add,
17 amend, or supplement factual allegations that form the basis
18 for a cause of action up until 14 days before the
19 adjudicatory hearing. The petitioner may amend the petition
20 after that date and prior to the adjudicatory hearing if the
21 court grants leave to amend upon a showing of good cause. The
22 court may allow amendment of the petition to conform with the
23 evidence at any time prior to ruling. In all cases in which
24 the court has granted leave to amend based on new evidence or
25 new allegations, the court shall permit the respondent an
26 adequate opportunity to prepare a defense to the amended
27 petition.
28 (6) At any time before dismissal of the petition or
29 before final closing and discharge under Section 2-31, one or
30 more motions in the best interests of the minor may be filed.
31 The motion shall specify sufficient facts in support of the
32 relief requested.
33 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
34 P.A. 90-443); 90-28, eff. 1-1-98.)
SB1339 Engrossed -44- LRB9011267SMpk
1 (705 ILCS 405/2-13.1 new)
2 Sec. 2-13.1. Early termination of reasonable efforts.
3 (1) (a) In conjunction with, or at any time subsequent
4 to, the filing of a petition on behalf of a minor in
5 accordance with Section 2-13 of this Act, the State's
6 Attorney, the guardian ad litem, or the Department of
7 Children and Family Services may file a motion requesting a
8 finding that reasonable efforts to reunify that minor with
9 his or her parent or parents are no longer required and are
10 to cease.
11 (b) The court shall grant this motion with respect to a
12 parent of the minor if the court finds after a hearing that
13 the parent has:
14 (i) had his or her parental rights to a sibling of
15 the minor involuntarily terminated; or
16 (ii) been convicted of:
17 (A) first degree or second degree murder of a
18 sibling of the minor;
19 (B) attempt or conspiracy to commit first
20 degree or second degree murder of a sibling of the
21 minor;
22 (C) solicitation to commit murder of a sibling
23 of the minor, solicitation to commit murder for hire
24 of a sibling of the minor, or solicitation to commit
25 second degree murder of a sibling of the minor;
26 (D) aggravated battery, aggravated battery of
27 a child, or felony domestic battery, any of which
28 has resulted in serious bodily injury to the minor
29 or a sibling of the minor; or
30 (E) an offense in any other state the elements
31 of which are similar and bear substantial
32 relationship to any of the foregoing offenses
33 unless the court sets forth in writing a compelling reason
34 why terminating reasonable efforts to reunify the minor with
SB1339 Engrossed -45- LRB9011267SMpk
1 the parent would not be in the best interests of that minor.
2 (c) The court shall also grant this motion with respect
3 to a parent of the minor if:
4 (i) after a hearing it determines that further
5 reunification services would no longer be appropriate,
6 and
7 (ii) a dispositional hearing has already taken
8 place.
9 (2) (a) The court shall hold a permanency hearing within
10 30 days of granting a motion pursuant to this subsection. If
11 an adjudicatory or a dispositional hearing, or both, has not
12 taken place when the court grants a motion pursuant to this
13 Section, then either or both hearings shall be held as needed
14 so that both take place on or before the date a permanency
15 hearing is held pursuant to this subsection.
16 (b) Following a permanency hearing held pursuant to
17 paragraph (a) of this subsection, the appointed custodian or
18 guardian of the minor shall make reasonable efforts to place
19 the child in accordance with the permanency plan and goal set
20 by the court, and to complete the necessary steps to locate
21 and finalize a permanent placement.
22 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
23 Sec. 2-14. Date for Adjudicatory Hearing.
24 (a) Purpose and policy. The legislature recognizes that
25 serious delay in the adjudication of abuse, neglect, or
26 dependency cases can cause grave harm to the minor and the
27 family and that it frustrates the health, safety and best
28 interests of the minor and the effort to establish permanent
29 homes for children in need. The purpose of this Section is
30 to insure that, consistent with the federal Adoption
31 Assistance and Child Welfare Act of 1980, Public Law 96-272,
32 as amended, and the intent of this Act, the State of Illinois
33 will act in a just and speedy manner to determine the best
SB1339 Engrossed -46- LRB9011267SMpk
1 interests of the minor, including providing for the safety of
2 the minor, identifying families in need, reunifying families
3 where the minor can be cared for at home without endangering
4 the minor's health or safety and it is in the best interests
5 of the minor, and, if reunification is not consistent with
6 the health, safety and best interests of the minor, finding
7 another permanent home for the minor.
8 (b) When a petition is filed alleging that the minor is
9 abused, neglected or dependent, an adjudicatory hearing shall
10 be commenced within 90 days of the date of service of process
11 upon the minor, parents, any guardian and any legal
12 custodian, unless an earlier date is required pursuant to
13 Section 2-13.1. Once commenced, subsequent delay in the
14 proceedings may be allowed by the court when necessary to
15 ensure a fair hearing.
16 (c) Upon written motion of a party filed no later than
17 10 days prior to hearing, or upon the court's own motion and
18 only for good cause shown, the Court may continue the hearing
19 for a period not to exceed 30 days, and only if the
20 continuance is consistent with the health, safety and best
21 interests of the minor. When the court grants a continuance,
22 it shall enter specific factual findings to support its
23 order, including factual findings supporting the court's
24 determination that the continuance is in the best interests
25 of the minor. Only one such continuance shall be granted. A
26 period of continuance for good cause as described in this
27 Section shall temporarily suspend as to all parties, for the
28 time of the delay, the period within which a hearing must be
29 held. On the day of the expiration of the delay, the period
30 shall continue at the point at which it was suspended.
31 The term "good cause" as applied in this Section shall be
32 strictly construed and be in accordance with Supreme Court
33 Rule 231 (a) through (f). Neither stipulation by counsel nor
34 the convenience of any party constitutes good cause. If the
SB1339 Engrossed -47- LRB9011267SMpk
1 adjudicatory hearing is not heard within the time limits
2 required by subsection (b) or (c) of this Section, upon
3 motion by any party the petition shall be dismissed without
4 prejudice.
5 (d) The time limits of this Section may be waived only
6 by consent of all parties and approval by the court.
7 (e) For all cases filed before July 1, 1991, an
8 adjudicatory hearing must, be held within 180 days of July 1,
9 1991.
10 (Source: P.A. 88-7; 90-28, eff. 1-1-98; 90-456, eff. 1-1-98;
11 revised 11-17-97.)
12 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
13 Sec. 2-15. Summons.
14 (1) When a petition is filed, the clerk of the court
15 shall issue a summons with a copy of the petition attached.
16 The summons shall be directed to the minor's legal guardian
17 or custodian and to each person named as a respondent in the
18 petition, except that summons need not be directed to a minor
19 respondent under 8 years of age for whom the court appoints a
20 guardian ad litem if the guardian ad litem appears on behalf
21 of the minor in any proceeding under this Act.
22 (2) The summons must contain a statement that the minor
23 or any of the respondents is entitled to have an attorney
24 present at the hearing on the petition, and that the clerk of
25 the court should be notified promptly if the minor or any
26 other respondent desires to be represented by an attorney but
27 is financially unable to employ counsel.
28 (3) The summons shall be issued under the seal of the
29 court, attested in and signed with the name of the clerk of
30 the court, dated on the day it is issued, and shall require
31 each respondent to appear and answer the petition on the date
32 set for the adjudicatory hearing. The summons shall contain
33 a notice that the parties will not be entitled to further
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1 written notices or publication notices of proceedings in this
2 case, including the filing of an amended petition or a motion
3 to terminate parental rights, except as required by Supreme
4 Court Rule 11.
5 (4) The summons may be served by any county sheriff,
6 coroner or probation officer, even though the officer is the
7 petitioner. The return of the summons with endorsement of
8 service by the officer is sufficient proof thereof.
9 (5) Service of a summons and petition shall be made by:
10 (a) leaving a copy thereof with the person summoned at least
11 3 days before the time stated therein for appearance; (b)
12 leaving a copy at his usual place of abode with some person
13 of the family, of the age of 10 years or upwards, and
14 informing that person of the contents thereof, provided the
15 officer or other person making service shall also send a copy
16 of the summons in a sealed envelope with postage fully
17 prepaid, addressed to the person summoned at his usual place
18 of abode, at least 3 days before the time stated therein for
19 appearance; or (c) leaving a copy thereof with the guardian
20 or custodian of a minor, at least 3 days before the time
21 stated therein for appearance. If the guardian or custodian
22 is an agency of the State of Illinois, proper service may be
23 made by leaving a copy of the summons and petition with any
24 administrative employee of such agency designated by such
25 agency to accept service of summons and petitions. The
26 certificate of the officer or affidavit of the person that he
27 has sent the copy pursuant to this Section is sufficient
28 proof of service.
29 (6) When a parent or other person, who has signed a
30 written promise to appear and bring the minor to court or who
31 has waived or acknowledged service, fails to appear with the
32 minor on the date set by the court, a bench warrant may be
33 issued for the parent or other person, the minor, or both.
34 (7) The appearance of the minor's legal guardian or
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1 custodian, or a person named as a respondent in a petition,
2 in any proceeding under this Act shall constitute a waiver of
3 service of summons and submission to the jurisdiction of the
4 court, except that the filing of a special appearance
5 authorized under Section 2-301 of the Code of Civil Procedure
6 does not constitute an appearance under this subsection. A
7 copy of the summons and petition shall be provided to the
8 person at the time of his appearance.
9 (8) 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 2-16.
18 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
19 (705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
20 Sec. 2-16. Notice by certified mail or publication.
21 (1) If service on individuals as provided in Section
22 2-15 is not made on any respondent within a reasonable time
23 or if it appears that any respondent resides outside the
24 State, service may be made by certified mail. In such case
25 the clerk shall mail the summons and a copy of the petition
26 to that respondent by certified mail marked for delivery to
27 addressee only. The court shall not proceed with the
28 adjudicatory hearing until 5 days after such mailing. The
29 regular return receipt for certified mail is sufficient proof
30 of service.
31 (2) Where a respondent's usual place of abode is not
32 known, a diligent inquiry shall be made to ascertain the
33 respondent's current and last known address. The Department
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1 of Children and Family Services shall adopt rules defining
2 the requirements for conducting a diligent search to locate
3 parents of minors in the custody of the Department. If, after
4 diligent inquiry made at any time within the preceding 12
5 months, the usual place of abode cannot be reasonably
6 ascertained, or if respondent is concealing his or her
7 whereabouts to avoid service of process, petitioner's
8 attorney shall file an affidavit at the office of the clerk
9 of court in which the action is pending showing that
10 respondent on due inquiry cannot be found or is concealing
11 his or her whereabouts so that process cannot be served. The
12 affidavit shall state the last known address of the
13 respondent. The affidavit shall also state what efforts were
14 made to effectuate service. Within 3 days of receipt of the
15 affidavit, the clerk shall issue publication service as
16 provided below. The clerk shall also send a copy thereof by
17 mail addressed to each respondent listed in the affidavit at
18 his or her last known address. The clerk of the court as soon
19 as possible shall cause publication to be made once in a
20 newspaper of general circulation in the county where the
21 action is pending. Notice by publication is not required in
22 any case when the person alleged to have legal custody of the
23 minor has been served with summons personally or by certified
24 mail, but the court may not enter any order or judgment
25 against any person who cannot be served with process other
26 than by publication unless notice by publication is given or
27 unless that person appears. When a minor has been sheltered
28 under Section 2-10 of this Act and summons has not been
29 served personally or by certified mail within 20 days from
30 the date of the order of court directing such shelter care,
31 the clerk of the court shall cause publication. Notice by
32 publication shall be substantially as follows:
33 "A, B, C, D, (here giving the names of the named
34 respondents, if any) and to All Whom It May Concern (if there
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1 is any respondent under that designation):
2 Take notice that on the .... day of ...., 19.. a
3 petition was filed under the Juvenile Court Act by .... in
4 the circuit court of .... county entitled 'In the interest of
5 ...., a minor', and that in .... courtroom at .... on the
6 .... day of .... at the hour of ...., or as soon thereafter
7 as this cause may be heard, an adjudicatory hearing will be
8 held upon the petition to have the child declared to be a
9 ward of the court under that Act. THE COURT HAS AUTHORITY IN
10 THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND GUARDIANSHIP
11 OF THE MINOR, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO
12 APPOINT A GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU
13 MAY LOSE ALL PARENTAL RIGHTS TO YOUR CHILD. IF THE PETITION
14 REQUESTS THE TERMINATION OF YOUR PARENTAL RIGHTS AND THE
15 APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
16 YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD. Unless you
17 appear you will not be entitled to further written notices or
18 publication notices of the proceedings in this case,
19 including the filing of an amended petition or a motion to
20 terminate parental rights.
21 Now, unless you appear at the hearing and show cause
22 against the petition, the allegations of the petition may
23 stand admitted as against you and each of you, and an order
24 or judgment entered.
25 ......................
26 Clerk
27 Dated (the date of publication)"
28 (3) The clerk shall also at the time of the publication
29 of the notice send a copy thereof by mail to each of the
30 respondents on account of whom publication is made at his or
31 her last known address. The certificate of the clerk that he
32 or she has mailed the notice is evidence thereof. No other
33 publication notice is required. Every respondent notified by
34 publication under this Section must appear and answer in open
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1 court at the hearing. The court may not proceed with the
2 adjudicatory hearing until 10 days after service by
3 publication on any parent, guardian or legal custodian in the
4 case of a minor described in Section 2-3 or 2-4.
5 (4) If it becomes necessary to change the date set for
6 the hearing in order to comply with Section 2-14 or with this
7 Section, notice of the resetting of the date must be given,
8 by certified mail or other reasonable means, to each
9 respondent who has been served with summons personally or by
10 certified mail.
11 (5) Notice to a parent who has appeared or been served
12 with summons personally or by certified mail, and for whom an
13 order of default has been entered on the petition for
14 wardship and has not been set aside shall be provided in
15 accordance with Supreme Court Rule 11. Notice to a parent
16 who was served by publication and for whom an order of
17 default has been entered on the petition for wardship and has
18 not been set aside shall be provided in accordance with this
19 Section and Section 2-15.
20 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
21 (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
22 Sec. 2-18. Evidence.
23 (1) At the adjudicatory hearing, the court shall first
24 consider only the question whether the minor is abused,
25 neglected or dependent. The standard of proof and the rules
26 of evidence in the nature of civil proceedings in this State
27 are applicable to proceedings under this Article. If the
28 petition also seeks the appointment of a guardian of the
29 person with power to consent to adoption of the minor under
30 Section 2-29, the court may also consider legally admissible
31 evidence at the adjudicatory hearing that one or more grounds
32 of unfitness exists under subdivision D of Section 1 of the
33 Adoption Act.
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1 (2) In any hearing under this Act, the following shall
2 constitute prima facie evidence of abuse or neglect, as the
3 case may be:
4 (a) proof that a minor has a medical diagnosis of
5 battered child syndrome is prima facie evidence of abuse;
6 (b) proof that a minor has a medical diagnosis of
7 failure to thrive syndrome is prima facie evidence of
8 neglect;
9 (c) proof that a minor has a medical diagnosis of
10 fetal alcohol syndrome is prima facie evidence of
11 neglect;
12 (d) proof that a minor has a medical diagnosis at
13 birth of withdrawal symptoms from narcotics or
14 barbiturates is prima facie evidence of neglect;
15 (e) proof of injuries sustained by a minor or of
16 the condition of a minor of such a nature as would
17 ordinarily not be sustained or exist except by reason of
18 the acts or omissions of the parent, custodian or
19 guardian of such minor shall be prima facie evidence of
20 abuse or neglect, as the case may be;
21 (f) proof that a parent, custodian or guardian of a
22 minor repeatedly used a drug, to the extent that it has
23 or would ordinarily have the effect of producing in the
24 user a substantial state of stupor, unconsciousness,
25 intoxication, hallucination, disorientation or
26 incompetence, or a substantial impairment of judgment, or
27 a substantial manifestation of irrationality, shall be
28 prima facie evidence of neglect;
29 (g) proof that a parent, custodian, or guardian of
30 a minor repeatedly used a controlled substance, as
31 defined in subsection (f) of Section 102 of the Illinois
32 Controlled Substances Act, in the presence of the minor
33 or a sibling of the minor is prima facie evidence of
34 neglect. "Repeated use", for the purpose of this
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1 subsection, means more than one use of a controlled
2 substance as defined in subsection (f) of Section 102 of
3 the Illinois Controlled Substances Act;
4 (h) proof that a newborn infant's blood, urine, or
5 meconium contains any amount of a controlled substance as
6 defined in subsection (f) of Section 102 of the Illinois
7 Controlled Substances Act, or a metabolite of a
8 controlled substance, with the exception of controlled
9 substances or metabolites of those substances, the
10 presence of which is the result of medical treatment
11 administered to the mother or the newborn, is prime facie
12 evidence of neglect.
13 (3) In any hearing under this Act, proof of the abuse,
14 neglect or dependency of one minor shall be admissible
15 evidence on the issue of the abuse, neglect or dependency of
16 any other minor for whom the respondent is responsible.
17 (4) (a) Any writing, record, photograph or x-ray of any
18 hospital or public or private agency, whether in the form of
19 an entry in a book or otherwise, made as a memorandum or
20 record of any condition, act, transaction, occurrence or
21 event relating to a minor in an abuse, neglect or dependency
22 proceeding, shall be admissible in evidence as proof of that
23 condition, act, transaction, occurrence or event, if the
24 court finds that the document was made in the regular course
25 of the business of the hospital or agency and that it was in
26 the regular course of such business to make it, at the time
27 of the act, transaction, occurrence or event, or within a
28 reasonable time thereafter. A certification by the head or
29 responsible employee of the hospital or agency that the
30 writing, record, photograph or x-ray is the full and complete
31 record of the condition, act, transaction, occurrence or
32 event and that it satisfies the conditions of this paragraph
33 shall be prima facie evidence of the facts contained in such
34 certification. A certification by someone other than the
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1 head of the hospital or agency shall be accompanied by a
2 photocopy of a delegation of authority signed by both the
3 head of the hospital or agency and by such other employee.
4 All other circumstances of the making of the memorandum,
5 record, photograph or x-ray, including lack of personal
6 knowledge of the maker, may be proved to affect the weight to
7 be accorded such evidence, but shall not affect its
8 admissibility.
9 (b) Any indicated report filed pursuant to the Abused
10 and Neglected Child Reporting Act shall be admissible in
11 evidence.
12 (c) Previous statements made by the minor relating to
13 any allegations of abuse or neglect shall be admissible in
14 evidence. However, no such statement, if uncorroborated and
15 not subject to cross-examination, shall be sufficient in
16 itself to support a finding of abuse or neglect.
17 (d) There shall be a rebuttable presumption that a minor
18 is competent to testify in abuse or neglect proceedings. The
19 court shall determine how much weight to give to the minor's
20 testimony, and may allow the minor to testify in chambers
21 with only the court, the court reporter and attorneys for the
22 parties present.
23 (e) The privileged character of communication between
24 any professional person and patient or client, except
25 privilege between attorney and client, shall not apply to
26 proceedings subject to this Article.
27 (f) Proof of the impairment of emotional health or
28 impairment of mental or emotional condition as a result of
29 the failure of the respondent to exercise a minimum degree of
30 care toward a minor may include competent opinion or expert
31 testimony, and may include proof that such impairment
32 lessened during a period when the minor was in the care,
33 custody or supervision of a person or agency other than the
34 respondent.
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1 (5) In any hearing under this Act alleging neglect for
2 failure to provide education as required by law under
3 subsection (1) of Section 2-3, proof that a minor under 13
4 years of age who is subject to compulsory school attendance
5 under the School Code is a chronic truant as defined under
6 the School Code shall be prima facie evidence of neglect by
7 the parent or guardian in any hearing under this Act and
8 proof that a minor who is 13 years of age or older who is
9 subject to compulsory school attendance under the School Code
10 is a chronic truant shall raise a rebuttable presumption of
11 neglect by the parent or guardian. This subsection (5) shall
12 not apply in counties with 2,000,000 or more inhabitants.
13 (6) In any hearing under this Act, the court may take
14 judicial notice of prior sworn testimony or evidence
15 introduced in prior proceedings involving the same minor if
16 (a) the parties were either represented by counsel at such
17 prior proceedings or the right to counsel was knowingly
18 waived and (b) the taking of judicial notice would not result
19 in admitting hearsay evidence at a hearing where it would
20 otherwise be prohibited.
21 (Source: P.A. 88-343; 89-704, eff. 8-16-97 (changed from
22 1-1-98 by P.A. 90-443).)
23 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
24 Sec. 2-21. Findings and adjudication.
25 (1) The court shall state for the record the manner in
26 which the parties received service of process and shall note
27 whether the return or returns of service, postal return
28 receipt or receipts for notice by certified mail, or
29 certificate or certificates of publication have been filed in
30 the court record. The court shall enter any appropriate
31 orders of default against any parent who has been properly
32 served in any manner and fails to appear.
33 No further service of process as defined in Sections 2-15
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1 and 2-16 is required in any subsequent proceeding for a
2 parent who was properly served in any manner, except as
3 required by Supreme Court Rule 11.
4 The caseworker shall testify about the diligent search
5 conducted for the parent.
6 After hearing the evidence the court shall determine
7 whether or not the minor is abused, neglected, or dependent.
8 If it finds that the minor is not such a person, the court
9 shall order the petition dismissed and the minor discharged.
10 The court's determination of whether the minor is abused,
11 neglected, or dependent shall be stated in writing with the
12 factual basis supporting that determination.
13 If the court finds that the minor is abused, neglected,
14 or dependent, the court shall then determine and put in
15 writing the factual basis supporting that the determination,
16 and specify, to the extent possible, the acts or omissions or
17 both of each parent, guardian, or legal custodian that form
18 the basis of the court's findings of whether the abuse,
19 neglect, or dependency is the result of physical abuse to the
20 minor inflicted by a parent, guardian, or legal custodian.
21 That finding shall appear in the order of the court.
22 If the court finds that the child has been abused,
23 neglected or dependent, the court shall admonish the parents
24 that they must cooperate with the Department of Children and
25 Family Services, comply with the terms of the service plan,
26 and correct the conditions that require the child to be in
27 care, or risk termination of parental rights.
28 If the court determines that a person has inflicted
29 physical or sexual abuse upon a minor, the court shall report
30 that determination to the Department of State Police, which
31 shall include that information in its report to the President
32 of the school board for a school district that requests a
33 criminal background investigation of that person as required
34 under Section 10-21.9 or 34-18.5 of the School Code.
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1 (2) If, pursuant to subsection (1) of this Section, the
2 court determines and puts in writing the factual basis
3 supporting the determination that the minor is either abused
4 or neglected or dependent, the court shall then set a time
5 not later than 30 days after the entry of the finding for a
6 dispositional hearing (unless an earlier date is required
7 pursuant to Section 2-13.1) to be conducted under Section
8 2-22 at which hearing the court shall determine whether it is
9 consistent with the health, safety and best interests of the
10 minor and the public that he be made a ward of the court. To
11 assist the court in making this and other determinations at
12 the dispositional hearing, the court may order that an
13 investigation be conducted and a dispositional report be
14 prepared concerning the minor's physical and mental history
15 and condition, family situation and background, economic
16 status, education, occupation, history of delinquency or
17 criminality, personal habits, and any other information that
18 may be helpful to the court. The dispositional hearing may
19 be continued once for a period not to exceed 30 days if the
20 court finds that such continuance is necessary to complete
21 the dispositional report.
22 (3) The time limits of this Section may be waived only
23 by consent of all parties and approval by the court, as
24 determined to be consistent with the health, safety and best
25 interests of the minor.
26 (4) For all cases adjudicated prior to July 1, 1991, for
27 which no dispositional hearing has been held prior to that
28 date, a dispositional hearing under Section 2-22 shall be
29 held within 90 days of July 1, 1991.
30 (5) The court may terminate the parental rights of a
31 parent at the initial dispositional hearing if all of the
32 following conditions are met:
33 (i) the original or amended petition contains a
34 request for termination of parental rights and
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1 appointment of a guardian with power to consent to
2 adoption; and
3 (ii) the court has found by a preponderance of
4 evidence, introduced or stipulated to at an adjudicatory
5 hearing, that the child comes under the jurisdiction of
6 the court as an abused, neglected, or dependent minor
7 under Section 2-18; and
8 (iii) the court finds, on the basis of clear and
9 convincing evidence admitted at the adjudicatory hearing
10 that the parent is an unfit person under subdivision D of
11 Section 1 of the Adoption Act; and
12 (iv) the court determines in accordance with the
13 rules of evidence for dispositional proceedings, that:
14 (A) it is in the best interest of the minor
15 and public that the child be made a ward of the
16 court;
17 (A-5) reasonable efforts under subsection
18 (l-1) of Section 5 of the Children and Family
19 Services Act are inappropriate or such efforts were
20 made and were unsuccessful; and
21 (B) termination of parental rights and
22 appointment of a guardian with power to consent to
23 adoption is in the best interest of the child
24 pursuant to Section 2-29.
25 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
26 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
27 eff. 8-16-97; 90-566, eff. 1-2-98.)
28 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
29 Sec. 2-22. Dispositional hearing; evidence; continuance.
30 (1) At the dispositional hearing, the court shall
31 determine whether it is in the best interests of the minor
32 and the public that he be made a ward of the court, and, if
33 he is to be made a ward of the court, the court shall
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1 determine the proper disposition best serving the health,
2 safety and interests of the minor and the public. The court
3 also shall consider the permanency goal set for the minor,
4 the nature of the service plan for the minor and the services
5 delivered and to be delivered under the plan. All evidence
6 helpful in determining these questions, including oral and
7 written reports, may be admitted and may be relied upon to
8 the extent of its probative value, even though not competent
9 for the purposes of the adjudicatory hearing.
10 (2) Notice in compliance with Supreme Court Rule 11 must
11 be given to all parties-respondent prior to proceeding to a
12 dispositional hearing. Before making an order of disposition
13 the court shall advise the State's Attorney, the parents,
14 guardian, custodian or responsible relative or their counsel
15 of the factual contents and the conclusions of the reports
16 prepared for the use of the court and considered by it, and
17 afford fair opportunity, if requested, to controvert them.
18 The court may order, however, that the documents containing
19 such reports need not be submitted to inspection, or that
20 sources of confidential information need not be disclosed
21 except to the attorneys for the parties. Factual contents,
22 conclusions, documents and sources disclosed by the court
23 under this paragraph shall not be further disclosed without
24 the express approval of the court pursuant to an in camera
25 hearing.
26 (3) A record of a prior continuance under supervision
27 under Section 2-20, whether successfully completed with
28 regard to the child's health, safety and best interest, or
29 not, is admissible at the dispositional hearing.
30 (4) On its own motion or that of the State's Attorney, a
31 parent, guardian, custodian, responsible relative or counsel,
32 the court may adjourn the hearing for a reasonable period to
33 receive reports or other evidence, if the adjournment is
34 consistent with the health, safety and best interests of the
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1 minor, but in no event shall continuances be granted so that
2 the dispositional hearing occurs more than 6 months after the
3 initial removal of a minor from his or her home. In
4 scheduling investigations and hearings, the court shall give
5 priority to proceedings in which a minor has been removed
6 from his or her home before an order of disposition has been
7 made.
8 (5) Unless already set by the court, at the conclusion
9 of the dispositional hearing, the court shall set the date
10 for the first permanency hearing, to be conducted under
11 subsection (2) of Section 2-28 or subsection (c) of Section
12 2-28.01, which shall be held: (a) within 12 months from the
13 date temporary custody was taken, (b) if the parental rights
14 of both parents have been terminated in accordance with the
15 procedure described in subsection (5) of Section 2-21, within
16 30 days of the termination of parental rights and appointment
17 of a guardian with power to consent to adoption, or (c) in
18 accordance with subsection (2) of Section 2-13.1 no later
19 than 12 months after the minor is taken into temporary
20 custody or in counties with a population over 3,000,000, no
21 later than 12 months after the minor is taken into temporary
22 custody.
23 (6) When the court declares a child to be a ward of the
24 court and awards guardianship to the Department of Children
25 and Family Services, (a) the court shall admonish the
26 parents, guardian, custodian or responsible relative that the
27 parents must cooperate with the Department of Children and
28 Family Services, comply with the terms of the service plans,
29 and correct the conditions which require the child to be in
30 care, or risk termination of their parental rights; and.
31 (b) the court shall inquire of the parties of any intent to
32 proceed with termination of parental rights of a parent:
33 (A) whose identity still remains unknown;
34 (B) whose whereabouts remain unknown; or
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1 (C) who was found in default at the adjudicatory
2 hearing and has not obtained an order setting aside the
3 default in accordance with Section 2-1301 of the Code of
4 Civil Procedure.
5 (Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87,
6 eff. 9-1-97; revised 11-12-97.)
7 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
8 Sec. 2-23. Kinds of dispositional orders.
9 (1) The following kinds of orders of disposition may be
10 made in respect of wards of the court:
11 (a) A minor under 18 years of age found to be
12 neglected or abused under Section 2-3 may be (1)
13 continued in the custody of his or her parents, guardian
14 or legal custodian; (2) placed in accordance with Section
15 2-27; or (3) ordered partially or completely emancipated
16 in accordance with the provisions of the Emancipation of
17 Mature Minors Act.
18 However, in any case in which a minor is found by
19 the court to be neglected or abused under Section 2-3 of
20 this Act, custody of the minor shall not be restored to
21 any parent, guardian or legal custodian whose acts or
22 omissions or both have been identified, pursuant to
23 subsection (1) of Section 2-21, as forming the basis for
24 the court's finding of abuse or neglect found by the
25 court to have caused the neglect or to have inflicted the
26 abuse on the minor, unless it is in the best interests of
27 the minor, until such time as a hearing is held on the
28 issue of the best interests of the minor and the fitness
29 of such parent, guardian or legal custodian to care for
30 the minor without endangering the minor's health or
31 safety, and the court enters an order that such parent,
32 guardian or legal custodian is fit to care for the minor.
33 (b) A minor under 18 years of age found to be
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1 dependent under Section 2-4 may be (1) placed in
2 accordance with Section 2-27 or (2) ordered partially or
3 completely emancipated in accordance with the provisions
4 of the Emancipation of Mature Minors Act.
5 However, in any case in which a minor is found by
6 the court to be dependent under Section 2-4 of this Act
7 and the court has made a further finding under paragraph
8 (2) of Section 2-21 that such dependency is the result of
9 physical abuse, custody of the minor shall not be
10 restored to any parent, guardian or legal custodian whose
11 acts or omissions or both have been identified, pursuant
12 to subsection (1) of Section 2-21, as forming the basis
13 for the court's finding of dependency, found by the court
14 to have inflicted physical abuse on the minor until such
15 time as a hearing is held on the issue of the fitness of
16 such parent, guardian or legal custodian to care for the
17 minor without endangering the minor's health or safety,
18 and the court enters an order that such parent, guardian
19 or legal custodian is fit to care for the minor.
20 (c) When the court awards guardianship to the
21 Department of Children and Family Services, the court
22 shall order the parents to cooperate with the Department
23 of Children and Family Services, comply with the terms of
24 the service plans, and correct the conditions that
25 require the child to be in care, or risk termination of
26 their parental rights.
27 (d) When the court orders a child restored to the
28 custody of the parent or parents, the court shall order
29 the parent or parents to cooperate with the Department of
30 Children and Family Services and comply with the terms of
31 an after-care plan, or risk the loss of custody of the
32 child and the possible termination of their parental
33 rights.
34 (2) Any order of disposition may provide for protective
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1 supervision under Section 2-24 and may include an order of
2 protection under Section 2-25.
3 Unless the order of disposition expressly so provides, it
4 does not operate to close proceedings on the pending
5 petition, but is subject to modification, not inconsistent
6 with Section 2-28 or 2-28.01, whichever is applicable, until
7 final closing and discharge of the proceedings under Section
8 2-31.
9 (3) The court also shall enter any other orders
10 necessary to fulfill the service plan, including, but not
11 limited to, (i) orders requiring parties to cooperate with
12 services, (ii) restraining orders controlling the conduct of
13 any party likely to frustrate the achievement of the goal,
14 and (iii) visiting orders. Unless otherwise specifically
15 authorized by law, the court is not empowered under this
16 subsection (3) to order specific placements, specific
17 services, or specific service providers to be included in the
18 plan. If the court concludes that the Department of Children
19 and Family Services has abused its discretion in setting the
20 current service plan or permanency goal for the minor, the
21 court shall enter specific findings in writing based on the
22 evidence and shall enter an order for the Department to
23 develop and implement a new permanency goal and service plan
24 consistent with the court's findings. The new service plan
25 shall be filed with the court and served on all parties. The
26 court shall continue the matter until the new service plan is
27 filed.
28 (4) In addition to any other order of disposition, the
29 court may order any minor adjudicated neglected with respect
30 to his or her own injurious behavior to make restitution, in
31 monetary or non-monetary form, under the terms and conditions
32 of Section 5-5-6 of the Unified Code of Corrections, except
33 that the "presentence hearing" referred to therein shall be
34 the dispositional hearing for purposes of this Section. The
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1 parent, guardian or legal custodian of the minor may pay some
2 or all of such restitution on the minor's behalf.
3 (5) Any order for disposition where the minor is
4 committed or placed in accordance with Section 2-27 shall
5 provide for the parents or guardian of the estate of such
6 minor to pay to the legal custodian or guardian of the person
7 of the minor such sums as are determined by the custodian or
8 guardian of the person of the minor as necessary for the
9 minor's needs. Such payments may not exceed the maximum
10 amounts provided for by Section 9.1 of the Children and
11 Family Services Act.
12 (6) Whenever the order of disposition requires the minor
13 to attend school or participate in a program of training, the
14 truant officer or designated school official shall regularly
15 report to the court if the minor is a chronic or habitual
16 truant under Section 26-2a of the School Code.
17 (7) The court may terminate the parental rights of a
18 parent at the initial dispositional hearing if all of the
19 conditions in subsection (5) of Section 2-21 are met.
20 (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95;
21 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised 11-12-97.)
22 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
23 Sec. 2-27. Placement; legal custody or guardianship.
24 (1) If the court determines and puts in writing the
25 factual basis supporting the determination of whether the
26 parents, guardian, or legal custodian of a minor adjudged a
27 ward of the court are unfit or are unable, for some reason
28 other than financial circumstances alone, to care for,
29 protect, train or discipline the minor or are unwilling to do
30 so, and that the health, safety, and best interest of the
31 minor will be jeopardized if the minor remains in the custody
32 of his or her parents, guardian or custodian, the court may
33 at this hearing and at any later point:
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1 (a) place the minor in the custody of a suitable
2 relative or other person as legal custodian or guardian;
3 (a-5) with the approval of the Department of
4 Children and Family Services, place the minor in the
5 subsidized guardianship of a suitable relative or other
6 person as legal guardian; "subsidized guardianship" means
7 a private guardianship arrangement for children for whom
8 the permanency goals of return home and adoption have
9 been ruled out and who meet the qualifications for
10 subsidized guardianship as defined by the Department of
11 Children and Family Services in administrative rules;
12 (b) place the minor under the guardianship of a
13 probation officer;
14 (c) commit the minor to an agency for care or
15 placement, except an institution under the authority of
16 the Department of Corrections or of the Department of
17 Children and Family Services;
18 (d) commit the minor to the Department of Children
19 and Family Services for care and service; however, a
20 minor charged with a criminal offense under the Criminal
21 Code of 1961 or adjudicated delinquent shall not be
22 placed in the custody of or committed to the Department
23 of Children and Family Services by any court, except a
24 minor less than 13 years of age and committed to the
25 Department of Children and Family Services under Section
26 5-23 of this Act. The Department shall be given due
27 notice of the pendency of the action and the Guardianship
28 Administrator of the Department of Children and Family
29 Services shall be appointed guardian of the person of the
30 minor. Whenever the Department seeks to discharge a minor
31 from its care and service, the Guardianship Administrator
32 shall petition the court for an order terminating
33 guardianship. The Guardianship Administrator may
34 designate one or more other officers of the Department,
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1 appointed as Department officers by administrative order
2 of the Department Director, authorized to affix the
3 signature of the Guardianship Administrator to documents
4 affecting the guardian-ward relationship of children for
5 whom he or she has been appointed guardian at such times
6 as he or she is unable to perform the duties of his or
7 her office. The signature authorization shall include but
8 not be limited to matters of consent of marriage,
9 enlistment in the armed forces, legal proceedings,
10 adoption, major medical and surgical treatment and
11 application for driver's license. Signature
12 authorizations made pursuant to the provisions of this
13 paragraph shall be filed with the Secretary of State and
14 the Secretary of State shall provide upon payment of the
15 customary fee, certified copies of the authorization to
16 any court or individual who requests a copy.
17 (1.5) In making a determination under this Section, the
18 court shall also consider whether, based on health, safety,
19 and the best interests of the minor,
20 (a) appropriate services aimed at family
21 preservation and family reunification have been
22 unsuccessful in rectifying the conditions that have led
23 to a finding of unfitness or inability to care for,
24 protect, train, or discipline the minor, or
25 (b) no family preservation or family reunification
26 services would be appropriate,
27 and if the petition or amended petition contained an
28 allegation that the parent is an unfit person as defined in
29 subdivision (D) of Section 1 of the Adoption Act, and the
30 order of adjudication recites that parental unfitness was
31 established by clear and convincing evidence, the court
32 shall, when appropriate and in the best interest of the
33 minor, enter an order terminating parental rights and
34 appointing a guardian with power to consent to adoption in
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1 accordance with Section 2-29.
2 When making a placement, the court, wherever possible,
3 shall require the Department of Children and Family Services
4 to select a person holding the same religious belief as that
5 of the minor or a private agency controlled by persons of
6 like religious faith of the minor and shall require the
7 Department to otherwise comply with Section 7 of the Children
8 and Family Services Act in placing the child. In addition,
9 whenever alternative plans for placement are available, the
10 court shall ascertain and consider, to the extent appropriate
11 in the particular case, the views and preferences of the
12 minor.
13 (2) When a minor is placed with a suitable relative or
14 other person pursuant to item (a) of subsection (1), the
15 court shall appoint him or her the legal custodian or
16 guardian of the person of the minor. When a minor is
17 committed to any agency, the court shall appoint the proper
18 officer or representative thereof as legal custodian or
19 guardian of the person of the minor. Legal custodians and
20 guardians of the person of the minor have the respective
21 rights and duties set forth in subsection (9) of Section 1-3
22 except as otherwise provided by order of court; but no
23 guardian of the person may consent to adoption of the minor
24 unless that authority is conferred upon him or her in
25 accordance with Section 2-29. An agency whose representative
26 is appointed guardian of the person or legal custodian of the
27 minor may place the minor in any child care facility, but the
28 facility must be licensed under the Child Care Act of 1969 or
29 have been approved by the Department of Children and Family
30 Services as meeting the standards established for such
31 licensing. No agency may place a minor adjudicated under
32 Sections 2-3 or 2-4 in a child care facility unless the
33 placement is in compliance with the rules and regulations for
34 placement under this Section promulgated by the Department of
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1 Children and Family Services under Section 5 of the Children
2 and Family Services Act. Like authority and restrictions
3 shall be conferred by the court upon any probation officer
4 who has been appointed guardian of the person of a minor.
5 (3) No placement by any probation officer or agency
6 whose representative is appointed guardian of the person or
7 legal custodian of a minor may be made in any out of State
8 child care facility unless it complies with the Interstate
9 Compact on the Placement of Children. Placement with a
10 parent, however, is not subject to that Interstate Compact.
11 (4) The clerk of the court shall issue to the legal
12 custodian or guardian of the person a certified copy of the
13 order of court, as proof of his authority. No other process
14 is necessary as authority for the keeping of the minor.
15 (5) Custody or guardianship granted under this Section
16 continues until the court otherwise directs, but not after
17 the minor reaches the age of 19 years except as set forth in
18 Section 2-31.
19 (6) (Blank). At the dispositional hearing, the court
20 shall consider whether it is appropriate for a motion to be
21 filed to terminate parental rights and appoint a guardian
22 with power to consent to adoption with regard to a parent:
23 (A) whose identity still remains unknown;
24 (B) whose whereabouts remain unknown;
25 (C) who was found in default at the adjudicatory
26 hearing and has not obtained an order setting aside the
27 default in accordance with Section 2-1301 of the Code of
28 Civil Procedure.
29 Notice to a parent for whom an order of default has been
30 entered on the petition for wardship and has not been set
31 aside shall be provided in accordance with Sections 2-15 and
32 2-16. If a parent's identity or whereabouts are unknown, and
33 a diligent inquiry for such parent has been made at any time
34 within the preceding 12 months, no further inquiry is
SB1339 Engrossed -70- LRB9011267SMpk
1 required to support notice by publication.
2 If the court determines such a motion to be appropriate,
3 it may order the motion to be filed. The court, upon motion,
4 may enter an order terminating parental rights upon
5 appropriate finding and appoint a guardian with power to
6 consent to adoption in accordance with this subsection before
7 or at the first permanency hearing.
8 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff.
9 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
10 8-22-97; revised 11-17-97.)
11 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
12 Sec. 2-28. Court review in counties with a population
13 under 3,000,000.
14 (0.5) This Section applies in counties with a population
15 under 3,000,000.
16 (1) The court may require any legal custodian or
17 guardian of the person appointed under this Act to report
18 periodically to the court or may cite him into court and
19 require him or his agency, to make a full and accurate report
20 of his or its doings in behalf of the minor. The custodian
21 or guardian, within 10 days after such citation, shall make
22 the report, either in writing verified by affidavit or orally
23 under oath in open court, or otherwise as the court directs.
24 Upon the hearing of the report the court may remove the
25 custodian or guardian and appoint another in his stead or
26 restore the minor to the custody of his parents or former
27 guardian or custodian. However, custody of the minor shall
28 not be restored to any parent, guardian or legal custodian in
29 any case in which the minor is found to be neglected or
30 abused under Section 2-3 or dependent under Section 2-4 of
31 this Act, unless the minor can be cared for at home without
32 endangering the minor's health or safety and it is in the
33 best interests of the minor, and if such neglect, or abuse,
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1 or dependency is found by the court under paragraph (1) (2)
2 of Section 2-21 of this Act to have come about due to the
3 acts or omissions or both of be the result of physical abuse
4 inflicted on the minor by such parent, guardian or legal
5 custodian, until such time as an investigation is made as
6 provided in paragraph (5) and a hearing is held on the issue
7 of the fitness of such parent, guardian or legal custodian to
8 care for the minor and the court enters an order that such
9 parent, guardian or legal custodian is fit to care for the
10 minor.
11 (2) In counties under 3,000,000 population, The first
12 permanency hearing hearings shall be conducted by the judge.
13 In counties with a population of 3,000,000 or more, the first
14 permanency hearing shall be conducted by a judge. Subsequent
15 permanency hearings may be heard by a judge or by hearing
16 officers appointed or approved by the court in the manner set
17 forth in Section 2-28.1 of this Act. The initial hearing
18 shall be held (a) within 12 months from the date temporary
19 custody was taken, (b) if the parental rights of both parents
20 have been terminated in accordance with the procedure
21 described in subsection (5) of Section 2-21, within 30 days
22 of the order for termination of parental rights and
23 appointment of a guardian with power to consent to adoption,
24 or (c) in accordance with subsection (2) of Section 2-13.1.
25 Subsequent permanency hearings shall be held every 6 months
26 or more frequently if necessary in the court's determination
27 following the initial permanency hearing, in accordance with
28 the standards set forth in this Section, until the court
29 determines that the plan and goal have been achieved. Once
30 the plan and goal have been achieved, if the minor remains in
31 substitute care, the case shall be reviewed at least every 6
32 months thereafter, subject to the provisions of this Section,
33 unless the minor is placed in the guardianship of a suitable
34 relative or other person and the court determines that
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1 further monitoring by the court does not further the health,
2 safety or best interest of the child and that this is a
3 stable permanent placement. The permanency hearings must
4 occur within the time frames set forth in this subsection and
5 may not be delayed in anticipation of a report from any
6 source on or due to the agency's failure to timely file its
7 written report (this written report means the one required
8 under the next paragraph and does not mean the service plan
9 also referred to in that paragraph).
10 The public agency that is the custodian or guardian of
11 the minor, or another agency responsible for the minor's
12 care, shall ensure that all parties to the permanency
13 hearings are provided a copy of the most recent service plan
14 prepared within the prior 6 months at least 14 days in
15 advance of the hearing. If not contained in the plan, the
16 agency shall also include a report setting forth (i) any
17 special physical, psychological, educational, medical,
18 emotional, or other needs of the minor or his or her family
19 that are relevant to a permanency or placement determination
20 and (ii) for any minor age 16 or over, a written description
21 of the programs and services that will enable the minor to
22 prepare for independent living. The agency's written report
23 must detail what progress or lack of progress the parent has
24 made in correcting the conditions requiring the child to be
25 in care; whether the child can be returned home without
26 jeopardizing the child's health, safety, and welfare, and if
27 not, what permanency goal is recommended to be in the best
28 interests of the child, and why the other permanency goals
29 are not appropriate. The caseworker must appear and testify
30 at the permanency hearing. If a permanency hearing has not
31 previously been scheduled by the court, the moving party
32 shall move for the setting of a permanency hearing and the
33 entry of an order within the time frames set forth in this
34 subsection.
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1 At the permanency hearing, the court shall determine the
2 future status of the child. The court shall set one of the
3 following permanency goals:
4 (A) The minor will be returned home by a specific
5 date within 5 months.
6 (B) The minor will be in short-term care with a
7 continued goal to return home within a period not to
8 exceed one year, where the progress of the parent or
9 parents is substantial giving particular consideration to
10 the age and individual needs of the minor.
11 (B-1) The minor will be in short-term care with a
12 continued goal to return home pending a status hearing.
13 When the court finds that a parent has not made
14 reasonable efforts or reasonable progress to date, the
15 court shall identify what actions the parent and the
16 Department must take in order to justify a finding of
17 reasonable efforts or reasonable progress and shall set a
18 status hearing to be held not earlier than 9 months from
19 the date of adjudication nor later than 11 months from
20 the date of adjudication during which the parent's
21 progress will again be reviewed.
22 (C) The minor will be in substitute care pending
23 court determination on termination of parental rights.
24 (D) Adoption, provided that parental rights have
25 been terminated or relinquished.
26 (E) The guardianship of the minor will be
27 transferred to an individual or couple on a permanent
28 basis provided that goals (A) through (D) have been ruled
29 out.
30 (F) The minor over age 12 will be in substitute
31 care pending independence.
32 (G) The minor will be in substitute care because he
33 or she cannot be provided for in a home environment due
34 to developmental disabilities or mental illness or
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1 because he or she is a danger to self or others, provided
2 that goals (A) through (D) have been ruled out.
3 In selecting any permanency goal, the court shall
4 indicate in writing the reasons the goal was selected and why
5 the preceding goals were ruled out. Where the court has
6 selected a permanency goal other than (A), (B), or (B-1), the
7 Department of Children and Family Services shall not provide
8 further reunification services, but shall provide services
9 consistent with the goal selected.
10 The court shall set a consider the following factors when
11 setting the permanency goal that is in the best interest of
12 the child. The court's determination shall include the
13 following factors:
14 (1) Age of the child.
15 (2) Options available for permanence.
16 (3) Current placement of the child and the intent
17 of the family regarding adoption.
18 (4) Emotional, physical, and mental status or
19 condition of the child.
20 (5) Types of services previously offered and
21 whether or not the services were successful and, if not
22 successful, the reasons the services failed.
23 (6) Availability of services currently needed and
24 whether the services exist.
25 (7) Status of siblings of the minor.
26 The court shall consider (i) the permanency goal
27 contained in the service plan, (ii) the appropriateness of
28 the services contained in the plan and whether those services
29 have been provided, (iii) whether reasonable efforts have
30 been made by all the parties to the service plan to achieve
31 the goal, and (iv) whether the plan and goal have been
32 achieved. All evidence relevant to determining these
33 questions, including oral and written reports, may be
34 admitted and may be relied on to the extent of their
SB1339 Engrossed -75- LRB9011267SMpk
1 probative value.
2 If the goal has been achieved, the court shall enter
3 orders that are necessary to conform the minor's legal
4 custody and status to those findings.
5 If, after receiving evidence, the court determines that
6 the services contained in the plan are not reasonably
7 calculated to facilitate achievement of the permanency goal,
8 the court shall put in writing the factual basis supporting
9 the determination and enter specific findings based on the
10 evidence. The court also shall enter an order for the
11 Department to develop and implement a new service plan or to
12 implement changes to the current service plan consistent with
13 the court's findings. The new service plan shall be filed
14 with the court and served on all parties within 45 days of
15 the date of the order. The court shall continue the matter
16 until the new service plan is filed. Unless otherwise
17 specifically authorized by law, the court is not empowered
18 under this subsection (2) or under subsection (3) to order
19 specific placements, specific services, or specific service
20 providers to be included in the plan.
21 A guardian or custodian appointed by the court pursuant
22 to this Act shall file updated case plans with the court
23 every 6 months.
24 Rights of wards of the court under this Act are
25 enforceable against any public agency by complaints for
26 relief by mandamus filed in any proceedings brought under
27 this Act.
28 (3) Following the permanency hearing, the court shall
29 enter a written order that includes the determinations
30 required under subsection (2) of this Section 2-28, and sets
31 forth the following:
32 (a) The future status of the minor, including the
33 permanency goal, and any order necessary to conform the
34 minor's legal custody and status to such determination;
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1 or
2 (b) If the permanency goal of the minor cannot be
3 achieved immediately, the specific reasons for continuing
4 the minor in the care of the Department of Children and
5 Family Services or other agency for short term placement,
6 and the following determinations:
7 (i) (Blank).
8 (ii) Whether the services required by the
9 court and by any service plan prepared within the
10 prior 6 months have been provided and (A) if so,
11 whether the services were reasonably calculated to
12 facilitate the achievement of the permanency goal or
13 (B) if not provided, why the services were not
14 provided.
15 (iii) Whether the minor's placement is
16 necessary, and appropriate to the plan and goal,
17 recognizing the right of minors to the least
18 restrictive (most family-like) setting available and
19 in close proximity to the parents' home consistent
20 with the health, safety, best interest and special
21 needs of the minor and, if the minor is placed
22 out-of-State, whether the out-of-State placement
23 continues to be appropriate and consistent with the
24 health, safety, and best interest of the minor.
25 (iv) (Blank).
26 (v) (Blank).
27 Any order entered pursuant to this subsection (3) shall
28 be immediately appealable as a matter of right under Supreme
29 Court Rule 304(b)(1).
30 (4) The minor or any person interested in the minor may
31 apply to the court for a change in custody of the minor and
32 the appointment of a new custodian or guardian of the person
33 or for the restoration of the minor to the custody of his
34 parents or former guardian or custodian.
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1 When return home is not selected as the permanency goal:
2 (a) The Department, the minor, State's Attorney or
3 the current foster parent or relative caregiver seeking
4 private guardianship may file a motion for private
5 guardianship of the minor. Appointment of a guardian
6 under this Section requires approval of the court and the
7 Department of Children and Family Services.
8 (b) The State's Attorney may file a motion to
9 terminate parental rights of any parent who has failed to
10 make reasonable efforts to correct the conditions which
11 led to the removal of the child or reasonable progress
12 toward the return of the child, as defined in subdivision
13 (D)(m) of Section 1 of the Adoption Act or for whom any
14 other unfitness ground for terminating parental rights as
15 defined in subdivision (D) of Section 1 of the Adoption
16 Act exists.
17 Custody of the minor shall not be restored to any parent,
18 guardian or legal custodian in any case in which the minor is
19 found to be neglected or abused under Section 2-3 or
20 dependent under Section 2-4 of this Act, unless the minor can
21 be cared for at home without endangering his or her health or
22 safety and it is in the best interest of the minor, and if
23 such neglect, or abuse, or dependency is found by the court
24 under paragraph (1) (2) of Section 2-21 of this Act to have
25 come about due to the acts or omissions or both of be the
26 result of physical abuse inflicted on the minor by such
27 parent, guardian or legal custodian, until such time as an
28 investigation is made as provided in paragraph (4) and a
29 hearing is held on the issue of the health, safety and best
30 interest of the minor and the fitness of such parent,
31 guardian or legal custodian to care for the minor and the
32 court enters an order that such parent, guardian or legal
33 custodian is fit to care for the minor. In the event that
34 the minor has attained 18 years of age and the guardian or
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1 custodian petitions the court for an order terminating his
2 guardianship or custody, guardianship or custody shall
3 terminate automatically 30 days after the receipt of the
4 petition unless the court orders otherwise. No legal
5 custodian or guardian of the person may be removed without
6 his consent until given notice and an opportunity to be heard
7 by the court.
8 When the court orders a child restored to the custody of
9 the parent or parents, the court shall order the parent or
10 parents to cooperate with the Department of Children and
11 Family Services and comply with the terms of an after-care
12 plan, or risk the loss of custody of the child and possible
13 termination of their parental rights. The court may also
14 enter an order of protective supervision in accordance with
15 Section 2-24.
16 (5) Whenever a parent, guardian, or legal custodian
17 files a motion for restoration of custody of the minor, and
18 the minor was adjudicated neglected, or abused, or dependent
19 as a result of physical abuse, the court shall cause to be
20 made an investigation as to whether the movant has ever been
21 charged with or convicted of any criminal offense which would
22 indicate the likelihood of any further physical abuse to the
23 minor. Evidence of such criminal convictions shall be taken
24 into account in determining whether the minor can be cared
25 for at home without endangering his or her health or safety
26 and fitness of the parent, guardian, or legal custodian.
27 (a) Any agency of this State or any subdivision
28 thereof shall co-operate with the agent of the court in
29 providing any information sought in the investigation.
30 (b) The information derived from the investigation
31 and any conclusions or recommendations derived from the
32 information shall be provided to the parent, guardian, or
33 legal custodian seeking restoration of custody prior to
34 the hearing on fitness and the movant shall have an
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1 opportunity at the hearing to refute the information or
2 contest its significance.
3 (c) All information obtained from any investigation
4 shall be confidential as provided in Section 1-10 of this
5 Act.
6 (Source: P.A. 89-17, eff. 5-31-95; 89-21, eff. 7-1-95;
7 89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98;
8 90-87, eff. 9-1-97; revised 11-12-97.)
9 (705 ILCS 405/2-28.1)
10 Sec. 2-28.1. Permanency hearings; before hearing
11 officers.
12 (a) The chief judge of the circuit court may appoint
13 hearing officers to conduct the permanency hearings set forth
14 in subsection (2) of Section 2-28 or subsection (c) of
15 Section 2-28.01 of this Act, in accordance with the
16 provisions of this Section. The hearing officers shall be
17 attorneys with at least 3 years experience in child abuse and
18 neglect or permanency planning and in counties with a
19 population of 3,000,000 or more, any hearing officer
20 appointed after September 1, 1997, must be an attorney
21 admitted to practice for at least 7 years. Once trained by
22 the court, hearing officers shall be authorized to do the
23 following:
24 (1) Conduct a fair and impartial hearing.
25 (2) Summon and compel the attendance of witnesses.
26 (3) Administer the oath or affirmation and take
27 testimony under oath or affirmation.
28 (4) Require the production of evidence relevant to
29 the permanency hearing to be conducted. That evidence
30 may include, but need not be limited to case plans,
31 social histories, medical and psychological evaluations,
32 child placement histories, visitation records, and other
33 documents and writings applicable to those items.
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1 (5) Rule on the admissibility of evidence using the
2 standard applied at a dispositional hearing under Section
3 2-22 of this Act.
4 (6) When necessary, cause notices to be issued
5 requiring parties, the public agency that is custodian or
6 guardian of the minor, or another agency responsible for
7 the minor's care to appear either before the hearing
8 officer or in court.
9 (7) Analyze the evidence presented to the hearing
10 officer and prepare written recommended orders, including
11 findings of fact, based on the evidence.
12 (8) Prior to the hearing, conduct any pre-hearings
13 that may be necessary.
14 (9) Conduct in camera interviews with children when
15 requested by a child or the child's guardian ad litem.
16 In counties with a population of 3,000,000 or more, hearing
17 officers shall also be authorized to do the following:
18 (i) (1) (10) Accept specific consents for adoption
19 or surrenders of parental rights from a parent or
20 parents.
21 (ii) (2) (11) Conduct hearings on the progress made
22 toward the permanency goal set for the minor.
23 (iii) (3) (12) Perform other duties as assigned by
24 the court.
25 (b) The hearing officer shall consider evidence and
26 conduct the permanency hearings as set forth in subsections
27 (2) and (3) of Section 2-28 or subsection (c) of Section
28 2-28.01 of this Act in accordance with the standards set
29 forth therein. The hearing officer shall assure that a
30 verbatim record of the proceedings is made and retained for a
31 period of 12 months or until the next permanency hearing,
32 whichever date is later, and shall direct to the clerk of the
33 court all documents and evidence to be made part of the court
34 file. The hearing officer shall inform the participants of
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1 their individual rights and responsibilities. The hearing
2 officer shall identify the issues to be reviewed under
3 subsection (2) of Section 2-28 or subsection (c) of Section
4 2-28.01, consider all relevant facts, and receive or request
5 any additional information necessary to make recommendations
6 to the court.
7 If a party fails to appear at the hearing, the hearing
8 officer may proceed to the permanency hearing with the
9 parties present at the hearing. The hearing officer shall
10 specifically note for the court the absence of any parties.
11 If all parties are present at the permanency hearing, and the
12 parties and the Department are in agreement that the service
13 plan and permanency goal are appropriate or are in agreement
14 that the permanency goal for the child has been achieved, the
15 hearing officer shall prepare a recommended order, including
16 findings of fact, to be submitted to the court, and all
17 parties and the Department shall sign the recommended order
18 at the time of the hearing. The recommended order will then
19 be submitted to the court for its immediate consideration and
20 the entry of an appropriate order.
21 The court may enter an order consistent with the
22 recommended order without further hearing or notice to the
23 parties, may refer the matter to the hearing officer for
24 further proceedings, or may hold such additional hearings as
25 the court deems necessary. All parties present at the
26 hearing and the Department shall be tendered a copy of the
27 court's order at the conclusion of the hearing.
28 (c) If one or more parties are not present at the
29 permanency hearing, or any party or the Department of
30 Children and Family Services objects to the hearing officer's
31 recommended order, including any findings of fact, the
32 hearing officer shall set the matter for a judicial
33 determination within 30 days of the permanency hearing for
34 the entry of the recommended order or for receipt of the
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1 parties' objections. Any objections shall be in writing and
2 identify the specific findings or recommendations that are
3 contested, the basis for the objections, and the evidence or
4 applicable law supporting the objection. The recommended
5 order and its contents may not be disclosed to anyone other
6 than the parties and the Department or other agency unless
7 otherwise specifically ordered by a judge of the court.
8 Following the receipt of objections consistent with this
9 subsection from any party or the Department of Children and
10 Family Services to the hearing officer's recommended orders,
11 the court shall make a judicial determination of those
12 portions of the order to which objections were made, and
13 shall enter an appropriate order. The court may refuse to
14 review any objections that fail to meet the requirements of
15 this subsection.
16 (d) The following are judicial functions and shall be
17 performed only by a circuit judge or associate judge:
18 (1) Review of the recommended orders of the hearing
19 officer and entry of orders the court deems appropriate.
20 (2) Conduct of judicial hearings on all pre-hearing
21 motions and other matters that require a court order and
22 entry of orders as the court deems appropriate.
23 (3) Conduct of judicial determinations on all
24 matters in which the parties or the Department of
25 Children and Family Services disagree with the hearing
26 officer's recommended orders under subsection (3).
27 (4) Issuance of rules to show cause, conduct of
28 contempt proceedings, and imposition of appropriate
29 sanctions or relief.
30 (Source: P.A. 89-17, eff. 5-31-95; 90-27, eff. 1-1-98; 90-28,
31 eff. 1-1-98; 90-87, eff. 9-1-97; revised 11-12-97.)
32 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
33 Sec. 2-29. Adoption; appointment of guardian with power
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1 to consent.
2 (1) With leave of the court, a minor who is the subject
3 of an abuse, neglect, or dependency petition under this Act
4 may be the subject of a petition for adoption under the
5 Adoption Act.
6 (1.1) The parent or parents of a child in whose interest
7 a petition under Section 2-13 of this Act is pending may, in
8 the manner required by the Adoption Act, (a) surrender him or
9 her for adoption to an agency legally authorized or licensed
10 to place children for adoption, (b) consent to his or her
11 adoption, or (c) consent to his or her adoption by a
12 specified person or persons. Nothing in this Section requires
13 that the parent or parents execute the surrender, consent, or
14 consent to adoption by a specified person in open court.
15 (2) If a petition or motion alleges and the court finds
16 that it is in the best interest of the minor that parental
17 rights be terminated and the petition or motion requests that
18 a guardian of the person be appointed and authorized to
19 consent to the adoption of the minor, the court, with the
20 consent of the parents, if living, or after finding, based
21 upon clear and convincing evidence, that a parent is an unfit
22 person as defined in Section 1 of the Adoption Act, may
23 terminate parental rights and empower the guardian of the
24 person of the minor, in the order appointing him or her as
25 such guardian, to appear in court where any proceedings for
26 the adoption of the minor may at any time be pending and to
27 consent to the adoption. Such consent is sufficient to
28 authorize the court in the adoption proceedings to enter a
29 proper order or judgment of adoption without further notice
30 to, or consent by, the parents of the minor. An order so
31 empowering the guardian to consent to adoption deprives the
32 parents of the minor of all legal rights as respects the
33 minor and relieves them of all parental responsibility for
34 him or her, and frees the minor from all obligations of
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1 maintenance and obedience to his or her natural parents.
2 If the minor is over 14 years of age, the court may, in
3 its discretion, consider the wishes of the minor in
4 determining whether the best interests of the minor would be
5 promoted by the finding of the unfitness of a non-consenting
6 parent.
7 (2.1) 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
15 Sections 2-15 and 2-16.
16 (3) Parental consent to the order terminating parental
17 rights and authorizing the guardian of the person to consent
18 to adoption of the minor shall be made in open court whenever
19 possible and otherwise must be in writing and signed in the
20 form provided in the Adoption Act, but no names of
21 petitioners for adoption need be included.
22 (4) A finding of the unfitness of a parent must be made
23 in compliance with the Adoption Act, without regard to the
24 likelihood that the child will be placed for adoption, and be
25 based upon clear and convincing evidence. Provisions of the
26 Adoption Act relating to minor parents and to mentally ill or
27 mentally deficient parents apply to proceedings under this
28 Section and any findings with respect to such parents shall
29 be based upon clear and convincing evidence.
30 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
31 P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97.)
32 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
33 Sec. 2-31. Duration of wardship and discharge of
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1 proceedings.
2 (1) All proceedings under this Act in respect of any
3 minor for whom a petition was filed after the effective date
4 of this amendatory Act of 1991 automatically terminate upon
5 his attaining the age of 19 years, except that a court may
6 continue the wardship of a minor until age 21 for good cause
7 when there is satisfactory evidence presented to the court
8 and the court makes written factual findings that the health,
9 safety, and best interest of the minor and the public require
10 the continuation of the wardship.
11 (2) Whenever the court determines, and makes written
12 factual findings, that health, safety, and the best interests
13 of the minor and the public no longer require the wardship of
14 the court, the court shall order the wardship terminated and
15 all proceedings under this Act respecting that minor finally
16 closed and discharged. The court may at the same time
17 continue or terminate any custodianship or guardianship
18 theretofore ordered but the termination must be made in
19 compliance with Section 2-28 or 2-28.01, whichever is
20 applicable.
21 (3) The wardship of the minor and any custodianship or
22 guardianship respecting the minor for whom a petition was
23 filed after the effective date of this amendatory Act of 1991
24 automatically terminates when he attains the age of 19 years
25 except as set forth in subsection (1) of this Section. The
26 clerk of the court shall at that time record all proceedings
27 under this Act as finally closed and discharged for that
28 reason.
29 (Source: P.A. 90-28, eff. 1-1-98; revised 11-12-97.)
30 (705 ILCS 405/2-28.01 rep.)
31 Section 32. The Juvenile Court Act of 1987 is amended by
32 repealing Section 2-28.01.
SB1339 Engrossed -86- LRB9011267SMpk
1 Section 35. The Mental Health and Developmental
2 Disabilities Confidentiality Act is amended by changing
3 Sections 7.1 and 10 as follows:
4 (740 ILCS 110/7.1)
5 Sec. 7.1. Interagency disclosures.
6 (a) Nothing in this Act shall be construed to prevent
7 the interagency disclosure of the name, social security
8 number, and information concerning services rendered,
9 currently being rendered, or proposed to be rendered
10 regarding a recipient of services. This disclosure may be
11 made only between agencies or departments of the State
12 including, but not limited to: (i) the Department of Human
13 Services, (ii) the Department of Public Aid, (iii) the
14 Department of Public Health, and (iv) the State Board of
15 Education, and (v) the Department of Children and Family
16 Services for the purpose of a diligent search for a missing
17 parent pursuant to Sections 2-15 and 2-16 of the Juvenile
18 Court Act of 1987 if the Department of Children and Family
19 Services has reason to believe the parent is residing in a
20 mental health facility, when one or more agencies or
21 departments of the State have entered into a prior
22 interagency agreement, memorandum of understanding, or
23 similar agreement to jointly provide or cooperate in the
24 provision of or funding of mental health or developmental
25 disabilities services.
26 The Department of Children and Family Services shall not
27 redisclose the information received under this Section other
28 than for purposes of service provision or as necessary for
29 proceedings under the Juvenile Court Act of 1987.
30 (b) This Section applies to, but is not limited to,
31 interagency disclosures under interagency agreements entered
32 into in compliance with the Early Intervention Services
33 System Act.
SB1339 Engrossed -87- LRB9011267SMpk
1 (c) Information disclosed under this Section shall be
2 for the limited purpose of coordinating State efforts in
3 providing efficient interagency service systems and avoiding
4 duplication of interagency services.
5 (d) Information disclosed under this Section shall be
6 limited to the recipient's name, address, social security
7 number or other individually assigned identifying number, or
8 information generally descriptive of services rendered or to
9 be rendered. The disclosure of individual clinical or
10 treatment records or other confidential information is not
11 authorized by this Section.
12 (Source: P.A. 88-484; 89-507, eff. 7-1-97.)
13 (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
14 (Text of Section WITH the changes made by P.A. 89-7,
15 which has been held unconstitutional)
16 Sec. 10. Disclosure in civil, criminal, and other
17 proceedings.
18 (a) Except as provided herein, in any civil, criminal,
19 administrative, or legislative proceeding, or in any
20 proceeding preliminary thereto, a recipient, and a therapist
21 on behalf and in the interest of a recipient, has the
22 privilege to refuse to disclose and to prevent the disclosure
23 of the recipient's record or communications.
24 (1) Records and communications may be disclosed in
25 a civil, criminal or administrative proceeding in which
26 the recipient introduces his mental condition or any
27 aspect of his services received for such condition as an
28 element of his claim or defense, if and only to the
29 extent the court in which the proceedings have been
30 brought, or, in the case of an administrative proceeding,
31 the court to which an appeal or other action for review
32 of an administrative determination may be taken, finds,
33 after in camera examination of testimony or other
SB1339 Engrossed -88- LRB9011267SMpk
1 evidence, that it is relevant, probative, not unduly
2 prejudicial or inflammatory, and otherwise clearly
3 admissible; that other satisfactory evidence is
4 demonstrably unsatisfactory as evidence of the facts
5 sought to be established by such evidence; and that
6 disclosure is more important to the interests of
7 substantial justice than protection from injury to the
8 therapist-recipient relationship or to the recipient or
9 other whom disclosure is likely to harm. Except in a
10 criminal proceeding in which the recipient, who is
11 accused in that proceeding, raises the defense of
12 insanity, no record or communication between a therapist
13 and a recipient shall be deemed relevant for purposes of
14 this subsection, except the fact of treatment, the cost
15 of services and the ultimate diagnosis unless the party
16 seeking disclosure of the communication clearly
17 establishes in the trial court a compelling need for its
18 production. However, for purposes of this Act, in any
19 action brought or defended under the Illinois Marriage
20 and Dissolution of Marriage Act, or in any action in
21 which pain and suffering is an element of the claim,
22 mental condition shall not be deemed to be introduced
23 merely by making such claim and shall be deemed to be
24 introduced only if the recipient or a witness on his
25 behalf first testifies concerning the record or
26 communication.
27 (2) Records or communications may be disclosed in a
28 civil proceeding after the recipient's death when the
29 recipient's physical or mental condition has been
30 introduced as an element of a claim or defense by any
31 party claiming or defending through or as a beneficiary
32 of the recipient, provided the court finds, after in
33 camera examination of the evidence, that it is relevant,
34 probative, and otherwise clearly admissible; that other
SB1339 Engrossed -89- LRB9011267SMpk
1 satisfactory evidence is not available regarding the
2 facts sought to be established by such evidence; and that
3 disclosure is more important to the interests of
4 substantial justice than protection from any injury which
5 disclosure is likely to cause.
6 (3) In the event of a claim made or an action filed
7 by a recipient, or, following the recipient's death, by
8 any party claiming as a beneficiary of the recipient for
9 injury caused in the course of providing services to that
10 recipient, the therapist may testify as to pertinent
11 records or communications in any administrative, judicial
12 or discovery proceeding for the purpose of preparing and
13 presenting a defense against the claim or action.
14 (3.1) A therapist has the right to communicate at
15 any time and in any fashion with his or her own counsel
16 or professional liability insurance carrier, or both,
17 concerning any care or treatment he or she provided, or
18 assisted in providing, to any patient.
19 (3.2) A therapist has the right to communicate at
20 any time and in any fashion with his or her present or
21 former employer, principal, partner, professional
22 corporation, or professional liability insurance carrier,
23 or counsel for any of those entities, concerning any care
24 or treatment he or she provided, or assisted in
25 providing, to any patient within the scope of his or her
26 employment, affiliation, or other agency with the
27 employer, principal, partner, or professional
28 corporation.
29 (4) Records and communications made to or by a
30 therapist in the course of examination ordered by a court
31 for good cause shown may, if otherwise relevant and
32 admissible, be disclosed in a civil, criminal, or
33 administrative proceeding in which the recipient is a
34 party or in appropriate pretrial proceedings, provided
SB1339 Engrossed -90- LRB9011267SMpk
1 such court has found that the recipient has been as
2 adequately and as effectively as possible informed before
3 submitting to such examination that such records and
4 communications would not be considered confidential or
5 privileged. Such records and communications shall be
6 admissible only as to issues involving the recipient's
7 physical or mental condition and only to the extent that
8 these are germane to such proceedings.
9 (5) Records and communications may be disclosed in
10 a proceeding under the Probate Act of 1975, to determine
11 a recipient's competency or need for guardianship,
12 provided that the disclosure is made only with respect to
13 that issue.
14 (6) Records and communications may be disclosed
15 when such are made during treatment which the recipient
16 is ordered to undergo to render him fit to stand trial on
17 a criminal charge, provided that the disclosure is made
18 only with respect to the issue of fitness to stand trial.
19 (7) Records and communications of the recipient may
20 be disclosed in any civil or administrative proceeding
21 involving the validity of or benefits under a life,
22 accident, health or disability insurance policy or
23 certificate, or Health Care Service Plan Contract,
24 insuring the recipient, but only if and to the extent
25 that the recipient's mental condition, or treatment or
26 services in connection therewith, is a material element
27 of any claim or defense of any party, provided that
28 information sought or disclosed shall not be redisclosed
29 except in connection with the proceeding in which
30 disclosure is made.
31 (8) Records or communications may be disclosed when
32 such are relevant to a matter in issue in any action
33 brought under this Act and proceedings preliminary
34 thereto, provided that any information so disclosed shall
SB1339 Engrossed -91- LRB9011267SMpk
1 not be utilized for any other purpose nor be redisclosed
2 except in connection with such action or preliminary
3 proceedings.
4 (9) Records and communications of the recipient may
5 be disclosed in investigations of and trials for homicide
6 when the disclosure relates directly to the fact or
7 immediate circumstances of the homicide.
8 (10) Records and communications of a deceased
9 recipient may be disclosed to a coroner conducting a
10 preliminary investigation into the recipient's death
11 under Section 3-3013 of the Counties Code. However,
12 records and communications of the deceased recipient
13 disclosed in an investigation shall be limited solely to
14 the deceased recipient's records and communications
15 relating to the factual circumstances of the incident
16 being investigated in a mental health facility.
17 (11) Records and communications of a recipient
18 shall be disclosed in a proceeding where a petition or
19 motion is filed under the Juvenile Court Act of 1987 and
20 the recipient is named as a parent, guardian, or legal
21 custodian of a minor who is the subject of a petition for
22 wardship as described in Section 2-3 of that Act or a
23 minor who is the subject of a petition for wardship as
24 described in Section 2-4 of that Act alleging the minor
25 is abused, neglected, or dependent or the recipient is
26 named as a parent of a child who is the subject of a
27 petition, supplemental petition, or motion to appoint a
28 guardian with the power to consent to adoption under
29 Section 2-29 of the Juvenile Court Act of 1987.
30 (b) Before a disclosure is made under subsection (a),
31 any party to the proceeding or any other interested person
32 may request an in camera review of the record or
33 communications to be disclosed. The court or agency
34 conducting the proceeding may hold an in camera review on its
SB1339 Engrossed -92- LRB9011267SMpk
1 own motion, except that this provision does not apply to
2 paragraph (3.1) of subsection (a) (regarding consultations
3 between a therapist and his or her own counsel or
4 professional liability insurance carrier) or paragraph (3.2)
5 of subsection (a) (regarding consultations between a
6 therapist and his or her employer, principal, partner,
7 professional corporation, or professional liability insurance
8 carrier, or counsel for any of those entities). When,
9 contrary to the express wish of the recipient, the therapist
10 asserts a privilege on behalf and in the interest of a
11 recipient, the court may require that the therapist, in an in
12 camera hearing, establish that disclosure is not in the best
13 interest of the recipient. The court or agency may prevent
14 disclosure or limit disclosure to the extent that other
15 admissible evidence is sufficient to establish the facts in
16 issue, except that a court may not prevent or limit
17 disclosures between a therapist and his or her own counsel or
18 between a therapist and his or her employer, principal,
19 partner, professional corporation, or professional liability
20 insurance carrier, or counsel for any of those entities. The
21 court or agency may enter such orders as may be necessary in
22 order to protect the confidentiality, privacy, and safety of
23 the recipient or of other persons. Any order to disclose or
24 to not disclose shall be considered a final order for
25 purposes of appeal and shall be subject to interlocutory
26 appeal.
27 (c) A recipient's records and communications may be
28 disclosed to a duly authorized committee, commission or
29 subcommittee of the General Assembly which possesses subpoena
30 and hearing powers, upon a written request approved by a
31 majority vote of the committee, commission or subcommittee
32 members. The committee, commission or subcommittee may
33 request records only for the purposes of investigating or
34 studying possible violations of recipient rights. The
SB1339 Engrossed -93- LRB9011267SMpk
1 request shall state the purpose for which disclosure is
2 sought.
3 The facility shall notify the recipient, or his guardian,
4 and therapist in writing of any disclosure request under this
5 subsection within 5 business days after such request. Such
6 notification shall also inform the recipient, or guardian,
7 and therapist of their right to object to the disclosure
8 within 10 business days after receipt of the notification and
9 shall include the name, address and telephone number of the
10 committee, commission or subcommittee member or staff person
11 with whom an objection shall be filed. If no objection has
12 been filed within 15 business days after the request for
13 disclosure, the facility shall disclose the records and
14 communications to the committee, commission or subcommittee.
15 If an objection has been filed within 15 business days after
16 the request for disclosure, the facility shall disclose the
17 records and communications only after the committee,
18 commission or subcommittee has permitted the recipient,
19 guardian or therapist to present his objection in person
20 before it and has renewed its request for disclosure by a
21 majority vote of its members.
22 Disclosure under this subsection shall not occur until
23 all personally identifiable data of the recipient and
24 provider are removed from the records and communications.
25 Disclosure under this subsection shall not occur in any
26 public proceeding.
27 (d) No party to any proceeding described under
28 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
29 of this Section, nor his or her attorney, shall serve a
30 subpoena seeking to obtain access to records or
31 communications under this Act unless the subpoena is
32 accompanied by a written order issued by a judge, authorizing
33 the disclosure of the records or the issuance of the
34 subpoena. No person shall comply with a subpoena for records
SB1339 Engrossed -94- LRB9011267SMpk
1 or communications under this Act, unless the subpoena is
2 accompanied by a written order authorizing the issuance of
3 the subpoena or the disclosure of the records.
4 This amendatory Act of 1995 applies to causes of action
5 filed on or after its effective date.
6 (Source: P.A. 89-7, eff. 3-9-95.)
7 (Text of Section WITHOUT the changes made by P.A. 89-7,
8 which has been held unconstitutional)
9 Sec. 10. (a) Except as provided herein, in any civil,
10 criminal, administrative, or legislative proceeding, or in
11 any proceeding preliminary thereto, a recipient, and a
12 therapist on behalf and in the interest of a recipient, has
13 the privilege to refuse to disclose and to prevent the
14 disclosure of the recipient's record or communications.
15 (1) Records and communications may be disclosed in
16 a civil, criminal or administrative proceeding in which
17 the recipient introduces his mental condition or any
18 aspect of his services received for such condition as an
19 element of his claim or defense, if and only to the
20 extent the court in which the proceedings have been
21 brought, or, in the case of an administrative proceeding,
22 the court to which an appeal or other action for review
23 of an administrative determination may be taken, finds,
24 after in camera examination of testimony or other
25 evidence, that it is relevant, probative, not unduly
26 prejudicial or inflammatory, and otherwise clearly
27 admissible; that other satisfactory evidence is
28 demonstrably unsatisfactory as evidence of the facts
29 sought to be established by such evidence; and that
30 disclosure is more important to the interests of
31 substantial justice than protection from injury to the
32 therapist-recipient relationship or to the recipient or
33 other whom disclosure is likely to harm. Except in a
34 criminal proceeding in which the recipient, who is
SB1339 Engrossed -95- LRB9011267SMpk
1 accused in that proceeding, raises the defense of
2 insanity, no record or communication between a therapist
3 and a recipient shall be deemed relevant for purposes of
4 this subsection, except the fact of treatment, the cost
5 of services and the ultimate diagnosis unless the party
6 seeking disclosure of the communication clearly
7 establishes in the trial court a compelling need for its
8 production. However, for purposes of this Act, in any
9 action brought or defended under the Illinois Marriage
10 and Dissolution of Marriage Act, or in any action in
11 which pain and suffering is an element of the claim,
12 mental condition shall not be deemed to be introduced
13 merely by making such claim and shall be deemed to be
14 introduced only if the recipient or a witness on his
15 behalf first testifies concerning the record or
16 communication.
17 (2) Records or communications may be disclosed in a
18 civil proceeding after the recipient's death when the
19 recipient's physical or mental condition has been
20 introduced as an element of a claim or defense by any
21 party claiming or defending through or as a beneficiary
22 of the recipient, provided the court finds, after in
23 camera examination of the evidence, that it is relevant,
24 probative, and otherwise clearly admissible; that other
25 satisfactory evidence is not available regarding the
26 facts sought to be established by such evidence; and that
27 disclosure is more important to the interests of
28 substantial justice than protection from any injury which
29 disclosure is likely to cause.
30 (3) In the event of a claim made or an action filed
31 by a recipient, or, following the recipient's death, by
32 any party claiming as a beneficiary of the recipient for
33 injury caused in the course of providing services to such
34 recipient, the therapist and other persons whose actions
SB1339 Engrossed -96- LRB9011267SMpk
1 are alleged to have been the cause of injury may disclose
2 pertinent records and communications to an attorney or
3 attorneys engaged to render advice about and to provide
4 representation in connection with such matter and to
5 persons working under the supervision of such attorney or
6 attorneys, and may testify as to such records or
7 communication in any administrative, judicial or
8 discovery proceeding for the purpose of preparing and
9 presenting a defense against such claim or action.
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
SB1339 Engrossed -97- LRB9011267SMpk
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
SB1339 Engrossed -98- LRB9011267SMpk
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. When, contrary to the express wish of the
17 recipient, the therapist asserts a privilege on behalf and in
18 the interest of a recipient, the court may require that the
19 therapist, in an in camera hearing, establish that disclosure
20 is not in the best interest of the recipient. The court or
21 agency may prevent disclosure or limit disclosure to the
22 extent that other admissible evidence is sufficient to
23 establish the facts in issue. The court or agency may enter
24 such orders as may be necessary in order to protect the
25 confidentiality, privacy, and safety of the recipient or of
26 other persons. Any order to disclose or to not disclose
27 shall be considered a final order for purposes of appeal and
28 shall be subject to interlocutory appeal.
29 (c) A recipient's records and communications may be
30 disclosed to a duly authorized committee, commission or
31 subcommittee of the General Assembly which possesses subpoena
32 and hearing powers, upon a written request approved by a
33 majority vote of the committee, commission or subcommittee
34 members. The committee, commission or subcommittee may
SB1339 Engrossed -99- LRB9011267SMpk
1 request records only for the purposes of investigating or
2 studying possible violations of recipient rights. The
3 request shall state the purpose for which disclosure is
4 sought.
5 The facility shall notify the recipient, or his guardian,
6 and therapist in writing of any disclosure request under this
7 subsection within 5 business days after such request. Such
8 notification shall also inform the recipient, or guardian,
9 and therapist of their right to object to the disclosure
10 within 10 business days after receipt of the notification and
11 shall include the name, address and telephone number of the
12 committee, commission or subcommittee member or staff person
13 with whom an objection shall be filed. If no objection has
14 been filed within 15 business days after the request for
15 disclosure, the facility shall disclose the records and
16 communications to the committee, commission or subcommittee.
17 If an objection has been filed within 15 business days after
18 the request for disclosure, the facility shall disclose the
19 records and communications only after the committee,
20 commission or subcommittee has permitted the recipient,
21 guardian or therapist to present his objection in person
22 before it and has renewed its request for disclosure by a
23 majority vote of its members.
24 Disclosure under this subsection shall not occur until
25 all personally identifiable data of the recipient and
26 provider are removed from the records and communications.
27 Disclosure under this subsection shall not occur in any
28 public proceeding.
29 (d) No party to any proceeding described under
30 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
31 of this Section, nor his or her attorney, shall serve a
32 subpoena seeking to obtain access to records or
33 communications under this Act unless the subpoena is
34 accompanied by a written order issued by a judge, authorizing
SB1339 Engrossed -100- LRB9011267SMpk
1 the disclosure of the records or the issuance of the
2 subpoena. No person shall comply with a subpoena for records
3 or communications under this Act, unless the subpoena is
4 accompanied by a written order authorizing the issuance of
5 the subpoena or the disclosure of the records.
6 (Source: P.A. 86-1417; 87-124; 87-556; 87-895.)
7 Section 40. The Adoption Act is amended by changing
8 Sections 1 and 10 as follows:
9 (750 ILCS 50/1) (from Ch. 40, par. 1501)
10 Sec. 1. Definitions. When used in this Act, unless the
11 context otherwise requires:
12 A. "Child" means a person under legal age subject to
13 adoption under this Act.
14 B. "Related child" means a child subject to adoption
15 where either or both of the adopting parents stands in any of
16 the following relationships to the child by blood or
17 marriage: parent, grand-parent, brother, sister, step-parent,
18 step-grandparent, step-brother, step-sister, uncle, aunt,
19 great-uncle, great-aunt, or cousin of first degree. A child
20 whose parent has executed a final irrevocable consent to
21 adoption or a final irrevocable surrender for purposes of
22 adoption, or whose parent has had his or her parental rights
23 terminated, is not a related child to that person, unless the
24 consent is determined to be void or is void pursuant to
25 subsection O of Section 10.
26 C. "Agency" for the purpose of this Act means a public
27 child welfare agency or a licensed child welfare agency.
28 D. "Unfit person" means any person whom the court shall
29 find to be unfit to have a child, without regard to the
30 likelihood that the child will be placed for adoption. The
31 grounds of unfitness are any one or more of the following:
32 (a) Abandonment of the child.
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1 (a-1) Abandonment of a newborn infant in a
2 hospital.
3 (a-2) Abandonment of a newborn infant in any
4 setting where the evidence suggests that the parent
5 intended to relinquish his or her parental rights.
6 (b) Failure to maintain a reasonable degree of
7 interest, concern or responsibility as to the child's
8 welfare.
9 (c) Desertion of the child for more than 3 months
10 next preceding the commencement of the Adoption
11 proceeding.
12 (d) Substantial neglect of the child if continuous
13 or repeated.
14 (d-1) Substantial neglect, if continuous or
15 repeated, of any child residing in the household which
16 resulted in the death of that child.
17 (e) Extreme or repeated cruelty to the child.
18 (f) Two or more findings of physical abuse to any
19 children under Section 4-8 of the Juvenile Court Act or
20 Section 2-21 of the Juvenile Court Act of 1987, the most
21 recent of which was determined by the juvenile court
22 hearing the matter to be supported by clear and
23 convincing evidence; a criminal conviction or a finding
24 of not guilty by reason of insanity resulting from the
25 death of any child by physical child abuse; or a finding
26 of physical child abuse resulting from the death of any
27 child under Section 4-8 of the Juvenile Court Act or
28 Section 2-21 of the Juvenile Court Act of 1987.
29 (g) Failure to protect the child from conditions
30 within his environment injurious to the child's welfare.
31 (h) Other neglect of, or misconduct toward the
32 child; provided that in making a finding of unfitness the
33 court hearing the adoption proceeding shall not be bound
34 by any previous finding, order or judgment affecting or
SB1339 Engrossed -102- LRB9011267SMpk
1 determining the rights of the parents toward the child
2 sought to be adopted in any other proceeding except such
3 proceedings terminating parental rights as shall be had
4 under either this Act, the Juvenile Court Act or the
5 Juvenile Court Act of 1987.
6 (i) Depravity. Conviction of any one of the
7 following crimes shall create a presumption that a parent
8 is depraved which can be overcome only by clear and
9 convincing evidence: (1) first degree murder in violation
10 of paragraph 1 or 2 of subsection (a) of Section 9-1 of
11 the Criminal Code of 1961 or conviction of second degree
12 murder in violation of subsection (a) of Section 9-2 of
13 the Criminal Code of 1961 of a parent of the child to be
14 adopted; (2) a criminal conviction of first degree murder
15 or second degree murder of any child in violation of the
16 Criminal Code of 1961; (3) a criminal conviction of
17 attempt or conspiracy to commit first degree murder or
18 second degree murder of any child in violation of the
19 Criminal Code of 1961; (4) a criminal conviction of
20 solicitation to commit murder of any child, solicitation
21 to commit murder of any child for hire, or solicitation
22 to commit second degree murder of any child in violation
23 of the Criminal Code of 1961; or (5) a criminal
24 conviction of aggravated criminal sexual assault in
25 violation of Section 12-14(b)(1) of the Criminal Code of
26 1961.
27 There is a rebuttable presumption that a parent is
28 depraved if the parent has been criminally convicted of
29 at least 3 felonies under the laws of this State or any
30 other state, or under federal law, or the criminal laws
31 of any United States territory; and at least one of these
32 convictions took place within 5 years of the filing of
33 the petition or motion seeking termination of parental
34 rights.
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1 There is a rebuttable presumption that a parent is
2 depraved if that parent has been criminally convicted of
3 either first or second degree murder of any person as
4 defined in the Criminal Code of 1961 within 10 years of
5 the filing date of the petition or motion to terminate
6 parental rights.
7 (j) Open and notorious adultery or fornication.
8 (j-1) (Blank). Conviction of any one of the
9 following crimes shall create a presumption of unfitness
10 that may be overcome only by clear and convincing
11 evidence: (1) first degree murder in violation of
12 paragraph 1 or 2 of subsection (a) of Section 9-1 of the
13 Criminal Code of 1961 or conviction of second degree
14 murder in violation of subsection (a) of Section 9-2 of
15 the Criminal Code of 1961 of a parent of the child to be
16 adopted; (2) a criminal conviction of first degree murder
17 or second degree murder of any child in violation of the
18 Criminal Code of 1961; (3) a criminal conviction of
19 attempt or conspiracy to commit first degree murder or
20 second degree murder of any child in violation of the
21 Criminal Code of 1961; (4) a criminal conviction of
22 solicitation to commit murder of any child, solicitation
23 to commit murder of any child for hire, or solicitation
24 to commit second degree murder of any child in violation
25 of the Criminal Code of 1961; (5) a criminal conviction
26 of accountability for the first or second degree murder
27 of any child in violation of the Criminal Code of 1961;
28 or (6) a criminal conviction of aggravated criminal
29 sexual assault in violation of Section 12-14(b)(1) of the
30 Criminal Code of 1961.
31 (k) Habitual drunkenness or addiction to drugs,
32 other than those prescribed by a physician, for at least
33 one year immediately prior to the commencement of the
34 unfitness proceeding.
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1 There is a rebuttable presumption that a parent is
2 unfit under this subsection with respect to any child to
3 which that parent gives birth where there is a confirmed
4 test result that at birth the child's blood, urine, or
5 meconium contained any amount of a controlled substance
6 as defined in subsection (f) of Section 102 of the
7 Illinois Controlled Substances Act or metabolites of such
8 substances, the presence of which in the newborn infant
9 was not the result of medical treatment administered to
10 the mother or the newborn infant; and the biological
11 mother of this child is the biological mother of at least
12 one other child who was adjudicated a neglected minor
13 under subsection (c) of Section 2-3 of the Juvenile Court
14 Act of 1987.
15 (l) Failure to demonstrate a reasonable degree of
16 interest, concern or responsibility as to the welfare of
17 a new born child during the first 30 days after its
18 birth.
19 (m) Failure by a parent to make reasonable efforts
20 to correct the conditions that were the basis for the
21 removal of the child from the parent, or to make
22 reasonable progress toward the return of the child to the
23 parent within 9 months after an adjudication of neglected
24 or abused minor under Section 2-3 of the Juvenile Court
25 Act of 1987 or dependent minor under Section 2-4 of that
26 Act. If a service plan has been established as required
27 under Section 8.2 of the Abused and Neglected Child
28 Reporting Act to correct the conditions that were the
29 basis for the removal of the child from the parent and if
30 those services were available, then, for purposes of this
31 Act, "failure to make reasonable progress toward the
32 return of the child to the parent" includes the parent's
33 failure to substantially fulfill his or her obligations
34 under the service plan and correct the conditions that
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1 brought the child into care within 9 months after the
2 adjudication under Section 2-3 or 2-4 of the Juvenile
3 Court Act of 1987.
4 (n) Evidence of intent to forego his or her
5 parental rights, whether or not the child is a ward of
6 the court, (1) as manifested by his or her failure for a
7 period of 12 months: (i) to visit the child, (ii) to
8 communicate with the child or agency, although able to do
9 so and not prevented from doing so by an agency or by
10 court order, or (iii) to maintain contact with or plan
11 for the future of the child, although physically able to
12 do so, or (2) as manifested by the father's failure,
13 where he and the mother of the child were unmarried to
14 each other at the time of the child's birth, (i) to
15 commence legal proceedings to establish his paternity
16 under the Illinois Parentage Act of 1984 or the law of
17 the jurisdiction of the child's birth within 30 days of
18 being informed, pursuant to Section 12a of this Act, that
19 he is the father or the likely father of the child or,
20 after being so informed where the child is not yet born,
21 within 30 days of the child's birth, or (ii) to make a
22 good faith effort to pay a reasonable amount of the
23 expenses related to the birth of the child and to provide
24 a reasonable amount for the financial support of the
25 child, the court to consider in its determination all
26 relevant circumstances, including the financial condition
27 of both parents; provided that the ground for termination
28 provided in this subparagraph (n)(2)(ii) shall only be
29 available where the petition is brought by the mother or
30 the husband of the mother.
31 Contact or communication by a parent with his or her
32 child that does not demonstrate affection and concern
33 does not constitute reasonable contact and planning under
34 subdivision (n). In the absence of evidence to the
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1 contrary, the ability to visit, communicate, maintain
2 contact, pay expenses and plan for the future shall be
3 presumed. The subjective intent of the parent, whether
4 expressed or otherwise, unsupported by evidence of the
5 foregoing parental acts manifesting that intent, shall
6 not preclude a determination that the parent has intended
7 to forego his or her parental rights. In making this
8 determination, the court may consider but shall not
9 require a showing of diligent efforts by an authorized
10 agency to encourage the parent to perform the acts
11 specified in subdivision (n).
12 It shall be an affirmative defense to any allegation
13 under paragraph (2) of this subsection that the father's
14 failure was due to circumstances beyond his control or to
15 impediments created by the mother or any other person
16 having legal custody. Proof of that fact need only be by
17 a preponderance of the evidence.
18 (o) Repeated or continuous failure by the parents,
19 although physically and financially able, to provide the
20 child with adequate food, clothing, or shelter.
21 (p) Inability to discharge parental
22 responsibilities supported by competent evidence from a
23 psychiatrist, licensed clinical social worker, or
24 clinical psychologist of mental impairment, mental
25 illness or mental retardation as defined in Section 1-116
26 of the Mental Health and Developmental Disabilities Code,
27 or developmental disability as defined in Section 1-106
28 of that Code, and there is sufficient justification to
29 believe that the inability to discharge parental
30 responsibilities shall extend beyond a reasonable time
31 period. However, this subdivision (p) shall not be
32 construed so as to permit a licensed clinical social
33 worker to conduct any medical diagnosis to determine
34 mental illness or mental impairment.
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1 (q) The parent has been criminally convicted of
2 aggravated battery, heinous battery, or attempted murder
3 of any child A finding of physical abuse of the child
4 under Section 4-8 of the Juvenile Court Act or Section
5 2-21 of the Juvenile Court Act of 1987 and a criminal
6 conviction of aggravated battery of the child.
7 (r) The child is in the temporary custody or
8 guardianship of the Department of Children and Family
9 Services, the parent is incarcerated as a result of
10 criminal conviction at the time the petition or motion
11 for termination of parental rights is filed, prior to
12 incarceration the parent had little or no contact with
13 the child or provided little or no support for the child,
14 and the parent's incarceration will prevent the parent
15 from discharging his or her parental responsibilities for
16 the child for a period in excess of 2 years after the
17 filing of the petition or motion for termination of
18 parental rights.
19 (s) The child is in the temporary custody or
20 guardianship of the Department of Children and Family
21 Services, the parent is incarcerated at the time the
22 petition or motion for termination of parental rights is
23 filed, the parent has been repeatedly incarcerated as a
24 result of criminal convictions, and the parent's repeated
25 incarceration has prevented the parent from discharging
26 his or her parental responsibilities for the child.
27 (t) (r) A finding that at birth the child's blood,
28 or urine, or meconium contained any amount of a
29 controlled substance as defined in subsection (f) of
30 Section 102 of the Illinois Controlled Substances Act, or
31 a metabolite of a controlled substance, with the
32 exception of controlled substances or metabolites of such
33 substances, the presence of which in the newborn infant
34 was the result of medical treatment administered to the
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1 mother or the newborn infant, and that the biological
2 mother of this child is the biological mother of at least
3 one other child who was adjudicated a neglected minor
4 under subsection (c) of Section 2-3 of the Juvenile Court
5 Act of 1987, after which the biological mother had the
6 opportunity to enroll in and participate in a clinically
7 appropriate substance abuse drug counseling, treatment,
8 and rehabilitation program.
9 E. "Parent" means the father or mother of a legitimate
10 or illegitimate child. For the purpose of this Act, a person
11 who has executed a final and irrevocable consent to adoption
12 or a final and irrevocable surrender for purposes of
13 adoption, or whose parental rights have been terminated by a
14 court, is not a parent of the child who was the subject of
15 the consent or surrender, unless the consent is void pursuant
16 to subsection O of Section 10.
17 F. A person is available for adoption when the person
18 is:
19 (a) a child who has been surrendered for adoption
20 to an agency and to whose adoption the agency has
21 thereafter consented;
22 (b) a child to whose adoption a person authorized
23 by law, other than his parents, has consented, or to
24 whose adoption no consent is required pursuant to Section
25 8 of this Act;
26 (c) a child who is in the custody of persons who
27 intend to adopt him through placement made by his
28 parents;
29 (c-1) a child for whom a parent has signed a
30 specific consent pursuant to subsection O of Section 10;
31 or
32 (d) an adult who meets the conditions set forth in
33 Section 3 of this Act.
34 A person who would otherwise be available for adoption
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1 shall not be deemed unavailable for adoption solely by reason
2 of his or her death.
3 G. The singular includes the plural and the plural
4 includes the singular and the "male" includes the "female",
5 as the context of this Act may require.
6 H. "Adoption disruption" occurs when an adoptive
7 placement does not prove successful and it becomes necessary
8 for the child to be removed from placement before the
9 adoption is finalized.
10 I. "Foreign placing agency" is an agency or individual
11 operating in a country or territory outside the United States
12 that is authorized by its country to place children for
13 adoption either directly with families in the United States
14 or through United States based international agencies.
15 J. "Immediate relatives" means the biological parents,
16 the parents of the biological parents and siblings of the
17 biological parents.
18 K. "Intercountry adoption" is a process by which a child
19 from a country other than the United States is adopted.
20 L. "Intercountry Adoption Coordinator" is a staff person
21 of the Department of Children and Family Services appointed
22 by the Director to coordinate the provision of services by
23 the public and private sector to prospective parents of
24 foreign-born children.
25 M. "Interstate Compact on the Placement of Children" is
26 a law enacted by most states for the purpose of establishing
27 uniform procedures for handling the interstate placement of
28 children in foster homes, adoptive homes, or other child care
29 facilities.
30 N. "Non-Compact state" means a state that has not
31 enacted the Interstate Compact on the Placement of Children.
32 O. "Preadoption requirements" are any conditions
33 established by the laws or regulations of the Federal
34 Government or of each state that must be met prior to the
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1 placement of a child in an adoptive home.
2 P. "Abused child" means a child whose parent or
3 immediate family member, or any person responsible for the
4 child's welfare, or any individual residing in the same home
5 as the child, or a paramour of the child's parent:
6 (a) inflicts, causes to be inflicted, or allows to
7 be inflicted upon the child physical injury, by other
8 than accidental means, that causes death, disfigurement,
9 impairment of physical or emotional health, or loss or
10 impairment of any bodily function;
11 (b) creates a substantial risk of physical injury
12 to the child by other than accidental means which would
13 be likely to cause death, disfigurement, impairment of
14 physical or emotional health, or loss or impairment of
15 any bodily function;
16 (c) commits or allows to be committed any sex
17 offense against the child, as sex offenses are defined in
18 the Criminal Code of 1961 and extending those definitions
19 of sex offenses to include children under 18 years of
20 age;
21 (d) commits or allows to be committed an act or
22 acts of torture upon the child; or
23 (e) inflicts excessive corporal punishment.
24 Q. "Neglected child" means any child whose parent or
25 other person responsible for the child's welfare withholds or
26 denies nourishment or medically indicated treatment including
27 food or care denied solely on the basis of the present or
28 anticipated mental or physical impairment as determined by a
29 physician acting alone or in consultation with other
30 physicians or otherwise does not provide the proper or
31 necessary support, education as required by law, or medical
32 or other remedial care recognized under State law as
33 necessary for a child's well-being, or other care necessary
34 for his or her well-being, including adequate food, clothing
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1 and shelter; or who is abandoned by his or her parents or
2 other person responsible for the child's welfare.
3 A child shall not be considered neglected or abused for
4 the sole reason that the child's parent or other person
5 responsible for his or her welfare depends upon spiritual
6 means through prayer alone for the treatment or cure of
7 disease or remedial care as provided under Section 4 of the
8 Abused and Neglected Child Reporting Act.
9 R. "Putative father" means a man who may be a child's
10 father, but who (1) is not married to the child's mother on
11 or before the date that the child was or is to be born and
12 (2) has not established paternity of the child in a court
13 proceeding before the filing of a petition for the adoption
14 of the child. The term includes a male who is less than 18
15 years of age. "Putative father" does not mean a man who is
16 the child's father as a result of criminal sexual abuse or
17 assault as defined under Article 12 of the Criminal Code of
18 1961.
19 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
20 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
21 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
22 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
23 6-25-97; 90-443, eff. 8-16-97; revised 11-26-97.)
24 (750 ILCS 50/10) (from Ch. 40, par. 1512)
25 Sec. 10. Forms of consent and surrender; execution and
26 acknowledgment thereof.)
27 A. The form of consent required for the adoption of a
28 born child shall be substantially as follows:
29 FINAL AND IRREVOCABLE CONSENT TO ADOPTION
30 I, ...., (relationship, e.g., mother, father, relative,
31 guardian) of ...., a ..male child, state:
32 That such child was born on .... at ....
33 That I reside at ...., County of .... and State of ....
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1 That I am of the age of .... years.
2 That I hereby enter my appearance in this proceeding and
3 waive service of summons on me.
4 That I do hereby consent and agree to the adoption of
5 such child.
6 That I wish to and understand that by signing this
7 consent I do irrevocably and permanently give up all custody
8 and other parental rights I have to such child.
9 That I understand such child will be placed for adoption
10 and that I cannot under any circumstances, after signing this
11 document, change my mind and revoke or cancel this consent or
12 obtain or recover custody or any other rights over such
13 child. That I have read and understand the above and I am
14 signing it as my free and voluntary act.
15 Dated this .... day of ...., 19....
16 If under Section 8 the consent of more than one person is
17 required, then each such person shall execute a separate
18 consent.
19 B. The form of consent required for the adoption of an
20 unborn child shall be substantially as follows:
21 CONSENT TO ADOPTION OF UNBORN CHILD
22 I, ...., state:
23 That I am the father of a child expected to be born on or
24 about .... to .... (name of mother).
25 That I reside at .... County of ...., and State of .....
26 That I am of the age of .... years.
27 That I hereby enter my appearance in such adoption
28 proceeding and waive service of summons on me.
29 That I do hereby consent and agree to the adoption of
30 such child, and that I have not previously executed a consent
31 or surrender with respect to such child.
32 That I wish to and do understand that by signing this
33 consent I do irrevocably and permanently give up all custody
34 and other parental rights I have to such child, except that I
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1 have the right to revoke this consent by giving written
2 notice of my revocation not later than 72 hours after the
3 birth of the child.
4 That I understand such child will be placed for adoption
5 and that, except as hereinabove provided, I cannot under any
6 circumstances, after signing this document, change my mind
7 and revoke or cancel this consent or obtain or recover
8 custody or any other rights over such child.
9 That I have read and understand the above and I am
10 signing it as my free and voluntary act.
11 Dated this .... day of ...., 19...
12 ........................
13 C. The form of surrender to any agency given by a parent
14 of a born child who is to be subsequently placed for adoption
15 shall be substantially as follows and shall contain such
16 other facts and statements as the particular agency shall
17 require.
18 FINAL AND IRREVOCABLE SURRENDER
19 FOR PURPOSES OF ADOPTION
20 I, .... (relationship, e.g., mother, father, relative,
21 guardian) of ...., a ..male child, state:
22 That such child was born on ...., at .....
23 That I reside at ...., County of ...., and State of .....
24 That I am of the age of .... years.
25 That I do hereby surrender and entrust the entire custody
26 and control of such child to the .... (the "Agency"), a
27 (public) (licensed) child welfare agency with its principal
28 office in the City of ...., County of .... and State of ....,
29 for the purpose of enabling it to care for and supervise the
30 care of such child, to place such child for adoption and to
31 consent to the legal adoption of such child.
32 That I hereby grant to the Agency full power and
33 authority to place such child with any person or persons it
34 may in its sole discretion select to become the adopting
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1 parent or parents and to consent to the legal adoption of
2 such child by such person or persons; and to take any and all
3 measures which, in the judgment of the Agency, may be for the
4 best interests of such child, including authorizing medical,
5 surgical and dental care and treatment including inoculation
6 and anaesthesia for such child.
7 That I wish to and understand that by signing this
8 surrender I do irrevocably and permanently give up all
9 custody and other parental rights I have to such child.
10 That I understand I cannot under any circumstances, after
11 signing this surrender, change my mind and revoke or cancel
12 this surrender or obtain or recover custody or any other
13 rights over such child.
14 That I have read and understand the above and I am
15 signing it as my free and voluntary act.
16 Dated this .... day of ...., 19...
17 ........................
18 D. The form of surrender to an agency given by a parent
19 of an unborn child who is to be subsequently placed for
20 adoption shall be substantially as follows and shall contain
21 such other facts and statements as the particular agency
22 shall require.
23 SURRENDER OF UNBORN CHILD FOR
24 PURPOSES OF ADOPTION
25 I, .... (father), state:
26 That I am the father of a child expected to be born on or
27 about .... to .... (name of mother).
28 That I reside at ...., County of ...., and State of .....
29 That I am of the age of .... years.
30 That I do hereby surrender and entrust the entire custody
31 and control of such child to the .... (the "Agency"), a
32 (public) (licensed) child welfare agency with its principal
33 office in the City of ...., County of .... and State of
34 ...., for the purpose of enabling it to care for and
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1 supervise the care of such child, to place such child for
2 adoption and to consent to the legal adoption of such child,
3 and that I have not previously executed a consent or
4 surrender with respect to such child.
5 That I hereby grant to the Agency full power and
6 authority to place such child with any person or persons it
7 may in its sole discretion select to become the adopting
8 parent or parents and to consent to the legal adoption of
9 such child by such person or persons; and to take any and all
10 measures which, in the judgment of the Agency, may be for the
11 best interests of such child, including authorizing medical,
12 surgical and dental care and treatment, including inoculation
13 and anaesthesia for such child.
14 That I wish to and understand that by signing this
15 surrender I do irrevocably and permanently give up all
16 custody and other parental rights I have to such child.
17 That I understand I cannot under any circumstances, after
18 signing this surrender, change my mind and revoke or cancel
19 this surrender or obtain or recover custody or any other
20 rights over such child, except that I have the right to
21 revoke this surrender by giving written notice of my
22 revocation not later than 72 hours after the birth of such
23 child.
24 That I have read and understand the above and I am
25 signing it as my free and voluntary act.
26 Dated this .... day of ...., 19...
27 ........................
28 E. The form of consent required from the parents for the
29 adoption of an adult, when such adult elects to obtain such
30 consent, shall be substantially as follows:
31 CONSENT
32 I, ...., (father) (mother) of ...., an adult, state:
33 That I reside at ...., County of .... and State of .....
34 That I do hereby consent and agree to the adoption of
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1 such adult by .... and .....
2 Dated this .... day of .......... 19
3 F. The form of consent required for the adoption of a
4 child of the age of 14 years or upwards, or of an adult, to
5 be given by such person, shall be substantially as follows:
6 CONSENT
7 I, ...., state:
8 That I reside at ...., County of .... and State of .....
9 That I am of the age of .... years. That I consent and
10 agree to my adoption by .... and .....
11 Dated this .... day of ......., 19...
12 ........................
13 G. The form of consent given by an agency to the
14 adoption by specified persons of a child previously
15 surrendered to it shall set forth that the agency has the
16 authority to execute such consent. The form of consent given
17 by a guardian of the person of a child sought to be adopted,
18 appointed by a court of competent jurisdiction, shall set
19 forth the facts of such appointment and the authority of the
20 guardian to execute such consent.
21 H. A consent (other than that given by an agency, or
22 guardian of the person of the child sought to be adopted
23 appointed by a court of competent jurisdiction) shall be
24 acknowledged by a parent before the presiding judge of the
25 court in which the petition for adoption has been, or is to
26 be filed or before any other judge or hearing officer
27 designated or subsequently approved by the court, or the
28 circuit clerk if so authorized by the presiding judge or,
29 except as otherwise provided in this Act, before a
30 representative of the Department of Children and Family
31 Services or a licensed child welfare agency, or before social
32 service personnel under the jurisdiction of a court of
33 competent jurisdiction, or before social service personnel of
34 the Cook County Department of Supportive Services designated
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1 by the presiding judge.
2 I. A surrender, or any other document equivalent to a
3 surrender, by which a child is surrendered to an agency shall
4 be acknowledged by the person signing such surrender, or
5 other document, before a judge or hearing officer or the
6 clerk of any court of record, either in this State or any
7 other state of the United States, or before a representative
8 of an agency or before any other person designated or
9 approved by the presiding judge of the court in which the
10 petition for adoption has been, or is to be, filed.
11 J. The form of the certificate of acknowledgment for a
12 consent, a surrender, or any other document equivalent to a
13 surrender, shall be substantially as follows:
14 STATE OF ....)
15 ) SS.
16 COUNTY OF ...)
17 I, .... (Name of judge or other person), .... (official
18 title, name and location of court or status or position of
19 other person), certify that ...., personally known to me to
20 be the same person whose name is subscribed to the foregoing
21 (consent) (surrender), appeared before me this day in person
22 and acknowledged that (she) (he) signed and delivered such
23 (consent) (surrender) as (her) (his) free and voluntary act,
24 for the specified purpose.
25 I have fully explained that by signing such (consent)
26 (surrender) (she) (he) is irrevocably relinquishing all
27 parental rights to such child or adult and (she) (he) has
28 stated that such is (her) (his) intention and desire.
29 Dated 19
30 Signature
31 K. When the execution of a consent or a surrender is
32 acknowledged before someone other than a judge or the clerk
33 of a court of record, such other person shall have his
34 signature on the certificate acknowledged before a notary
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1 public, in form substantially as follows:
2 STATE OF ....)
3 ) SS.
4 COUNTY OF ...)
5 I, a Notary Public, in and for the County of ......, in
6 the State of ......, certify that ...., personally known to
7 me to be the same person whose name is subscribed to the
8 foregoing certificate of acknowledgment, appeared before me
9 in person and acknowledged that (she) (he) signed such
10 certificate as (her) (his) free and voluntary act and that
11 the statements made in the certificate are true.
12 Dated ......... 19...
13 Signature ...................... Notary Public
14 (official seal)
15 There shall be attached a certificate of magistracy, or
16 other comparable proof of office of the notary public
17 satisfactory to the court, to a consent signed and
18 acknowledged in another state.
19 L. A surrender or consent executed and acknowledged
20 outside of this State, either in accordance with the law of
21 this State or in accordance with the law of the place where
22 executed, is valid.
23 M. Where a consent or a surrender is signed in a foreign
24 country, the execution of such consent shall be acknowledged
25 or affirmed in a manner conformable to the law and procedure
26 of such country.
27 N. If the person signing a consent or surrender is in
28 the military service of the United States, the execution of
29 such consent or surrender may be acknowledged before a
30 commissioned officer and the signature of such officer on
31 such certificate shall be verified or acknowledged before a
32 notary public or by such other procedure as is then in effect
33 for such division or branch of the armed forces.
34 O. (1) The parent or parents of a child in whose
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1 interests a petition under Section 2-13 of the Juvenile Court
2 Act of 1987 is pending may, with the approval of the
3 designated representative of the Department of Children and
4 Family Services, execute a consent to adoption by a specified
5 person or persons:
6 (a) in whose physical custody the child has resided
7 for at least one year; or
8 (b) in whose physical custody at least one sibling
9 of the child who is the subject of this consent has
10 resided for at least one year, and the child who is the
11 subject of this consent is currently residing in this
12 foster home; or
13 (c) in whose physical custody a child under one
14 year of age has resided for at least 3 months.
15 A consent under this subsection O shall be acknowledged by a
16 parent pursuant to subsection H and subsection K of this
17 Section.
18 (2) The consent to adoption by a specified person or
19 persons shall have the caption of the proceeding in which it
20 is to be filed and shall be substantially as follows:
21 FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
22 A SPECIFIED PERSON OR PERSONS
23 I, ......................................, the
24 .................. (mother or father) of a ....male child,
25 state:
26 1. My child ............................ (name of
27 child) was born on (date) ............, ...... at
28 .................... Hospital in ................ County,
29 State of .............. .
30 2. I reside at ......................, County of
31 ............. and State of ............. .
32 3. I, ..........................., am .... years
33 old.
34 4. I enter my appearance in this action to adopt my
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1 child by the person or persons specified herein by me and
2 waive service of summons on me in this action only.
3 5. I consent to the adoption of my child by
4 ............................. (specified person or
5 persons) only.
6 6. I wish to sign this consent and I understand
7 that by signing this consent I irrevocably and
8 permanently give up all parental rights I have to my
9 child if my child is adopted by
10 ............................. (specified person or
11 persons).
12 7. I understand my child will be adopted by
13 ............................. (specified person or
14 persons) only and that I cannot under any circumstances,
15 after signing this document, change my mind and revoke or
16 cancel this consent or obtain or recover custody or any
17 other rights over my child if
18 ............................ (specified person or
19 persons) adopt my child.
20 8. I understand that this consent to adoption is
21 valid only if the petition to adopt is filed within one
22 year from the date that I sign it and that if
23 ....................... (specified person or persons),
24 for any reason, cannot or will not file a petition to
25 adopt my child within that one year period or if their
26 adoption petition is denied, then this consent will be
27 void. I have the right to notice of any other proceeding
28 that could affect my parental rights, except for the
29 proceeding for ............. (specified person or
30 persons) to adopt my child.
31 9. I have read and understand the above and I am
32 signing it as my free and voluntary act.
33 Dated this ..... day of ....., .......
34 .............................................
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1 Signature of parent
2 (3) If the parent consents to an adoption by 2 specified
3 persons, then the form shall contain 2 additional paragraphs
4 in substantially the following form:
5 10. If ............... (specified persons) get a
6 divorce before the petition to adopt my child is granted,
7 then .......... (specified person) shall adopt my child.
8 I understand that I cannot change my mind and revoke this
9 consent or obtain or recover custody over my child if
10 ............. (specified persons) divorce and
11 ............. (specified person) adopts my child. I
12 understand that I cannot change my mind and revoke this
13 consent or obtain or recover custody over my child if
14 ................. (specified persons) divorce after the
15 adoption is final. I understand that this consent to
16 adoption has no effect on who will get custody of my
17 child if they divorce after the adoption is final.
18 11. I understand that if either ...............
19 (specified persons) dies before the petition to adopt my
20 child is granted, then the surviving person can adopt my
21 child. I understand that I cannot change my mind and
22 revoke this consent or obtain or recover custody over my
23 child if the surviving person adopts my child.
24 A consent to adoption by specified persons on this form
25 shall have no effect on a court's determination of custody or
26 visitation under the Illinois Marriage and Dissolution of
27 Marriage Act if the marriage of the specified persons is
28 dissolved after the adoption is final.
29 (4) The form of the certificate of acknowledgement for a
30 Final and Irrevocable Consent for Adoption by a Specified
31 Person or Persons shall be substantially as follows:
32 STATE OF..............)
33 ) SS.
34 COUNTY OF.............)
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1 I, .................... (Name of Judge or other person),
2 ..................... (official title, name, and address),
3 certify that ............., personally known to me to be the
4 same person whose name is subscribed to the foregoing Final
5 and Irrevocable Consent for Adoption by a Specified Person or
6 Persons, appeared before me this day in person and
7 acknowledged that (she)(he) signed and delivered the consent
8 as (her)(his) free and voluntary act, for the specified
9 purpose.
10 I have fully explained that this consent to adoption is
11 valid only if the petition to adopt is filed within one year
12 from the date that it is signed, and that if the specified
13 person or persons, for any reason, cannot or will not adopt
14 the child or if the adoption petition is denied, then this
15 consent will be void. I have fully explained that if the
16 specified person or persons adopt the child, by signing this
17 consent (she)(he) is irrevocably and permanently
18 relinquishing all parental rights to the child, and (she)(he)
19 has stated that such is (her)(his) intention and desire.
20 Dated ............., ........
21 ...............................
22 Signature
23 (5) If a consent to adoption by a specified person or
24 persons is executed in this form, the following provisions
25 shall apply. The consent shall be valid only if that
26 specified person or persons adopt the child. The consent
27 shall be void if:
28 (a) the specified person or persons do not file a
29 petition to adopt the child within one year after the
30 consent is signed; or
31 (b) a court denies the adoption petition; or
32 (c) the Department of Children and Family Services
33 Guardianship Administrator determines that the specified
34 person or persons will not or cannot complete the
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1 adoption, or in the best interests of the child should
2 not adopt the child.
3 Within 30 days of the consent becoming void, the
4 Department of Children and Family Services Guardianship
5 Administrator shall make good faith attempts to notify the
6 parent in writing and shall give written notice to the court
7 and all additional parties in writing that the adoption has
8 not occurred or will not occur and that the consent is void.
9 If the adoption by a specified person or persons does not
10 occur, no proceeding for termination of parental rights shall
11 be brought unless the biological parent who executed the
12 consent to adoption by a specified person or persons has been
13 notified of the proceeding pursuant to Section 7 of this Act
14 or subsection (4) of Section 2-13 of the Juvenile Court Act
15 of 1987. The parent shall not need to take further action to
16 revoke the consent if the specified adoption does not occur,
17 notwithstanding the provisions of Section 11 of this Act.
18 (6) The Department of Children and Family Services is
19 authorized to promulgate rules necessary to implement this
20 subsection O.
21 (7) The Department shall collect and maintain data
22 concerning the efficacy of specific consents. This data
23 shall include the number of specific consents executed and
24 their outcomes, including but not limited to the number of
25 children adopted pursuant to the consents, the number of
26 children for whom adoptions are not completed, and the reason
27 or reasons why the adoptions are not completed.
28 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
29 P.A. 90-443); revised 12-18-97.)