90th General Assembly
Summary of HB0063
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House Sponsors:

Short description: 
JUV CT-MINOR TESTIFY                                                       

Synopsis of Bill as introduced:
        Amends the  Juvenile  Court  Act  of  1987.    Provides  that  in      
   proceedings  under  Article II (abused, neglected, or dependent minor)      
   of the Juvenile Court Act, the minor shall be given the opportunity to      
   address the court personally or through counsel and to testify on  his      
   or her own behalf.  Provides that it is an absolute right of the minor      
   to  be  present  in  court.   The  court in its discretion, based on a      
   finding of irreparable harm to the minor, may exclude the  minor  from      
   parts of a dispositional hearing and, with the consent of the parents,      
   guardian, counsel, or guardian ad litem, from parts of an adjudicatory      
   hearing.   (Current  law  gives discretion to the court to exclude the      
   minor without a finding of irreparable harm.)  Provides that  previous      
   out-of-court statements made by  the  minor relating to allegations of      
   abuse or neglect  are  presumed  admissible  and  the  requirement  of      
   corroboration  of  the  statement shall be applied liberally.  Deletes      
   provision  that  uncorroborated  statements  not  subject   to   cross      
   examination  are  not sufficient in themselves to support a finding of      
   abuse or neglect.  Effective immediately.                                   
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          705 ILCS 405/2-18                                                    
        Deletes everything.  Amends the Juvenile  Court  Act.   Reinserts      
   the  provisions  of the bill concerning a minor's right to address the      
   court and to be present in court. Effective immediately.                    
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          705 ILCS 405/2-28               from Ch. 37, par. 802-28             
        Amends the  Juvenile  Court  Act.  Provides  that  if  a  minor's      
   permanency   goal  has  not  been  achieved  within  24  months  after      
   adjudication of wardship,  the  public  agency  that  is  the  minor's      
   guardian  or custodian must file a petition to transfer custody of the      
   minor to the minor's parents or to take other action.                       
          FISCAL NOTE, AMENDED (DCFS)                                          
          No fiscal impact will result from HB63, as amended.                  
          JUDICIAL NOTE, AMENDED                                               
          There may be a small increase in judicial workloads; however,        
          the bill would not increase the need for the number of judges.       
          JUDICIAL NOTE, H-AMS 3 & 4                                           
          There may be an increase in judicial workloads; it is not pos-       
          sible to determime impact on the need for judges.                    
          STATE MANDATES FISCAL NOTE, H-AM 4                                   
          HB 63, amended by H-am 4, fails to create a State mandate.           
          HOME RULE NOTE, H-AM 4                                               
          HB 63, amended by H-am 4, does not preempt home rule authority.      
Last action on Bill: SESSION SINE DIE

   Last action date: 99-01-12

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


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