State of Illinois
92^nd General Assembly
Legislation

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92_SB1917eng

 
SB1917 Engrossed                              LRB9212180RCcdA

 1        AN ACT in relation to minors.

 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 2-22 as follows:

 6        (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
 7        Sec. 2-22. Dispositional hearing; evidence; continuance.
 8        (1)  At   the  dispositional  hearing,  the  court  shall
 9    determine whether it is in the best interests  of  the  minor
10    and  the  public that he be made a ward of the court, and, if
11    he is to be made  a  ward  of  the  court,  the  court  shall
12    determine  the  proper  disposition  best serving the health,
13    safety and interests of the minor and the public.  The  court
14    also  shall  consider  the permanency goal set for the minor,
15    the nature of the service plan for the minor and the services
16    delivered and to be delivered under the  plan.  All  evidence
17    helpful  in  determining  these questions, including oral and
18    written reports, may be admitted and may be  relied  upon  to
19    the  extent of its probative value, even though not competent
20    for the purposes of the adjudicatory hearing.
21        (2)  Once all parties  respondent  have  been  served  in
22    compliance with Sections 2-15 and 2-16, no further service or
23    notice  must  be  given  to  a party prior to proceeding to a
24    dispositional hearing.  Notice  in  compliance  with  Supreme
25    Court  Rule  11 must be given to all parties-respondent prior
26    to proceeding to a dispositional hearing.  Before  making  an
27    order  of  disposition  the  court  shall  advise the State's
28    Attorney, the parents,  guardian,  custodian  or  responsible
29    relative  or  their  counsel  of the factual contents and the
30    conclusions of the reports prepared for the use of the  court
31    and  considered  by  it,  and  afford  fair  opportunity,  if
 
SB1917 Engrossed            -2-               LRB9212180RCcdA
 1    requested,  to controvert them. The court may order, however,
 2    that the  documents  containing  such  reports  need  not  be
 3    submitted  to  inspection,  or  that  sources of confidential
 4    information need not be disclosed except to the attorneys for
 5    the parties. Factual  contents,  conclusions,  documents  and
 6    sources disclosed by the court under this paragraph shall not
 7    be  further  disclosed  without  the  express approval of the
 8    court pursuant to an in camera hearing.
 9        (3)  A record of a prior  continuance  under  supervision
10    under  Section  2-20,  whether  successfully  completed  with
11    regard  to  the  child's health, safety and best interest, or
12    not, is admissible at the dispositional hearing.
13        (4)  On its own motion or that of the State's Attorney, a
14    parent, guardian, custodian, responsible relative or counsel,
15    the court may adjourn the hearing for a reasonable period  to
16    receive  reports  or  other  evidence,  if the adjournment is
17    consistent with the health, safety and best interests of  the
18    minor,  but in no event shall continuances be granted so that
19    the dispositional hearing occurs more than 6 months after the
20    initial removal  of  a  minor  from  his  or  her  home.   In
21    scheduling  investigations and hearings, the court shall give
22    priority to proceedings in which a  minor  has  been  removed
23    from  his or her home before an order of disposition has been
24    made.
25        (5)  Unless already set by the court, at  the  conclusion
26    of  the  dispositional  hearing, the court shall set the date
27    for the first  permanency  hearing,  to  be  conducted  under
28    subsection  (2)  of  Section  2-28,  which shall be held: (a)
29    within 12 months from the date temporary custody  was  taken,
30    (b)  if  the  parental  rights  of  both  parents  have  been
31    terminated  in  accordance  with  the  procedure described in
32    subsection (5)  of  Section  2-21,  within  30  days  of  the
33    termination  of parental rights and appointment of a guardian
34    with power to consent to adoption, or (c) in accordance  with
 
SB1917 Engrossed            -3-               LRB9212180RCcdA
 1    subsection (2) of Section 2-13.1.
 2        (6)  When  the court declares a child to be a ward of the
 3    court and awards guardianship to the Department  of  Children
 4    and  Family  Services,  (a)  the  court  shall  admonish  the
 5    parents, guardian, custodian or responsible relative that the
 6    parents  must  cooperate  with the Department of Children and
 7    Family Services, comply with the terms of the service  plans,
 8    and  correct  the conditions which require the child to be in
 9    care, or risk  termination  of  their  parental  rights;  and
10    (b)  the  court shall inquire of the parties of any intent to
11    proceed with termination of parental rights of a parent:
12             (A)  whose identity still remains unknown;
13             (B)  whose whereabouts remain unknown; or
14             (C)  who was found in default  at  the  adjudicatory
15        hearing  and  has not obtained an order setting aside the
16        default in accordance with Section 2-1301 of the Code  of
17        Civil Procedure.
18    (Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87,
19    eff. 9-1-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98.)

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.

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