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92_HB2626eng HB2626 Engrossed LRB9202271RCcd 1 AN ACT concerning juveniles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Juvenile Court Act of 1987 is amended by 5 changing Section 5-501 as follows: 6 (705 ILCS 405/5-501) 7 Sec. 5-501. Detention or shelter care hearing. At the 8 appearance of the minor before the court at the detention or 9 shelter care hearing, the court shall receive all relevant 10 information and evidence, including affidavits concerning the 11 allegations made in the petition. Evidence used by the court 12 in its findings or stated in or offered in connection with 13 this Section may be by way of proffer based on reliable 14 information offered by the State or minor. All evidence 15 shall be admissible if it is relevant and reliable regardless 16 of whether it would be admissible under the rules of evidence 17 applicable at a trial. No hearing may be held unless the 18 minor is represented by counsel. 19 (1) If the court finds that there is not probable cause 20 to believe that the minor is a delinquent minor it shall 21 release the minor and dismiss the petition. 22 (2) If the court finds that there is probable cause to 23 believe that the minor is a delinquent minor, the minor, his 24 or her parent, guardian, custodian and other persons able to 25 give relevant testimony may be examined before the court. 26 The court may also consider any evidence by way of proffer 27 based upon reliable information offered by the State or the 28 minor. All evidence, including affidavits, shall be 29 admissible if it is relevant and reliable regardless of 30 whether it would be admissible under the rules of evidence 31 applicable at trial. After such evidence is presented, the HB2626 Engrossed -2- LRB9202271RCcd 1 court may enter an order that the minor shall be released 2 upon the request of a parent, guardian or legal custodian if 3 the parent, guardian or custodian appears to take custody. 4 If the court finds that it is a matter of immediate and 5 urgent necessity for the protection of the minor or of the 6 person or property of another that the minor be detained or 7 placed in a shelter care facility or that he or she is likely 8 to flee the jurisdiction of the court, the court may 9 prescribe detention or shelter care and order that the minor 10 be kept in a suitable place designated by the court or in a 11 shelter care facility designated by the Department of 12 Children and Family Services or a licensed child welfare 13 agency; otherwise the courtitshall release the minor from 14 custody. If the court prescribes shelter care, then in 15 placing the minor, the Department or other agency shall, to 16 the extent compatible with the court's order, comply with 17 Section 7 of the Children and Family Services Act. In making 18 the determination of the existence of immediate and urgent 19 necessity, the court shall consider among other matters: (a) 20 the nature and seriousness of the alleged offense; (b) the 21 minor's record of delinquency offenses, including whether the 22 minor has delinquency cases pending; (c) the minor's record 23 of willful failure to appear following the issuance of a 24 summons or warrant; (d) the availability of non-custodial 25 alternatives, including the presence of a parent, guardian or 26 other responsible relative able and willing to provide 27 supervision and care for the minor and to assure his or her 28 compliance with a summons. If the minor is ordered placed in 29 a shelter care facility of a licensed child welfare agency, 30 the court shall, upon request of the agency, appoint the 31 appropriate agency executive temporary custodian of the minor 32 and the court may enter such other orders related to the 33 temporary custody of the minor as it deems fit and proper. 34 The order together with the court's findings of fact in HB2626 Engrossed -3- LRB9202271RCcd 1 support of the order shall be entered of record in the court. 2 Once the court finds that it is a matter of immediate and 3 urgent necessity for the protection of the minor that the 4 minor be placed in a shelter care facility, the minor shall 5 not be returned to the parent, custodian or guardian until 6 the court finds that the placement is no longer necessary for 7 the protection of the minor. 8 (3) Only when there is reasonable cause to believe that 9 the minor taken into custody is a delinquent minor may the 10 minor be kept or detained in a facility authorized for 11 juvenile detention. This Section shall in no way be 12 construed to limit subsection (4). 13 (4) Minors 12 years of age or older must be kept 14 separate from confined adults and may not at any time be kept 15 in the same cell, room or yard with confined adults. This 16 paragraph (4): 17 (a) shall only apply to confinement pending an 18 adjudicatory hearing and shall not exceed 40 hours, 19 excluding Saturdays, Sundays, and court designated 20 holidays. To accept or hold minors during this time 21 period, county jails shall comply with all monitoring 22 standards for juvenile detention homes promulgated by the 23 Department of Corrections and training standards approved 24 by the Illinois Law Enforcement Training Standards Board. 25 (b) To accept or hold minors, 12 years of age or 26 older, after the time period prescribed in clause (a) of 27 subsection (4) of this Section but not exceeding 7 days 28 including Saturdays, Sundays, and holidays, pending an 29 adjudicatory hearing, county jails shall comply with all 30 temporary detention standards promulgated by the 31 Department of Corrections and training standards approved 32 by the Illinois Law Enforcement Training Standards Board. 33 (c) To accept or hold minors 12 years of age or 34 older, after the time period prescribed in clause (a) and HB2626 Engrossed -4- LRB9202271RCcd 1 (b), of this subsection county jails shall comply with 2 all programmatic and training standards for juvenile 3 detention homes promulgated by the Department of 4 Corrections. 5 (5) If the minor is not brought before a judicial 6 officer within the time period as specified in Section 5-415 7 the minor must immediately be released from custody. 8 (6) If neither the parent, guardian or legal custodian 9 appears within 24 hours to take custody of a minor released 10 from detention or shelter care, then the clerk of the court 11 shall set the matter for rehearing not later than 7 days 12 after the original order and shall issue a summons directed 13 to the parent, guardian or legal custodian to appear. At the 14 same time the probation department shall prepare a report on 15 the minor. If a parent, guardian or legal custodian does not 16 appear at such rehearing, the judge may enter an order 17 prescribing that the minor be kept in a suitable place 18 designated by the Department of Human Services or a licensed 19 child welfare agency. The time during which a minor is in 20 custody after being released upon the request of a parent, 21 guardian or legal custodian shall be considered as time spent 22 in detention for purposes of scheduling the trial. 23 (7) Any party, including the State, the temporary 24 custodian, an agency providing services to the minor or 25 family under a service plan pursuant to Section 8.2 of the 26 Abused and Neglected Child Reporting Act, foster parent, or 27 any of their representatives, may file a motion to modify or 28 vacate a temporary custody order or vacate a detention or 29 shelter care order on any of the following grounds: 30 (a) It is no longer a matter of immediate and 31 urgent necessity that the minor remain in detention or 32 shelter care; or 33 (b) There is a material change in the circumstances 34 of the natural family from which the minor was removed; HB2626 Engrossed -5- LRB9202271RCcd 1 or 2 (c) A person, including a parent, relative or legal 3 guardian, is capable of assuming temporary custody of the 4 minor; or 5 (d) Services provided by the Department of Children 6 and Family Services or a child welfare agency or other 7 service provider have been successful in eliminating the 8 need for temporary custody. 9 The clerk shall set the matter for hearing not later than 10 14 days after such motion is filed. In the event that the 11 court modifies or vacates a temporary order but does not 12 vacate its finding of probable cause, the court may order 13 that appropriate services be continued or initiated in behalf 14 of the minor and his or her family. 15 (8) Whenever a petition has been filed under Section 16 5-520 the court can, at any time prior to trial or 17 sentencing, order that the minor be placed in detention or a 18 shelter care facility after the court conducts a hearing and 19 finds that the conduct and behavior of the minor may endanger 20 the health, person, welfare, or property of himself or others 21 or that the circumstances of his or her home environment may 22 endanger his or her health, person, welfare or property. 23 (Source: P.A. 90-590, eff. 1-1-99.)