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92_SB1917enr SB1917 Enrolled 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 1. Findings; validation; application. 5 (a) Public Act 90-456, effective January 1, 1998, was 6 entitled "An Act in relation to criminal law.". It contained 7 provisions amending the Criminal Code of 1961, the Code of 8 Criminal Procedure of 1963, and the Emergency Telephone 9 System Act, all pertaining to the subject of criminal law. 10 It also contained a provision amending subsection (b) of 11 Section 2-14 of the Juvenile Court Act of 1987, relating to 12 the commencement of civil adjudicatory hearings in abuse, 13 neglect, and dependency cases. 14 (b) The Illinois Supreme Court, in People v. Sypien, 15 Docket No. 89265, has ruled that the inclusion of the 16 amendment to the Juvenile Court Act of 1987 violated the 17 single subject clause of the Illinois Constitution (Article 18 IV, Section 8(d)), and that Public Act 90-456 is therefore 19 unconstitutional in its entirety. 20 (c) This Act re-enacts Section 2-14 of the Juvenile 21 Court Act of 1987. The text of that Section includes both 22 the changes made by Public Act 90-456 and changes made by 23 subsequent amendments. In order to avoid confusion with the 24 changes made by subsequent amendments, the Section that is 25 re-enacted in this Act is shown as existing text (i.e., 26 without striking and underscoring). This Act is not intended 27 to supersede any other Public Act that amends the text of the 28 re-enacted Section as set forth in this Act. This Act also 29 amends Section 2-22 of the Juvenile Court Act of 1987. 30 (d) All otherwise lawful actions taken before the 31 effective date of this Act in reliance on or pursuant to 32 Section 2-14 of the Juvenile Court Act of 1987, as set forth SB1917 Enrolled -2- LRB9212180RCcdA 1 in Public Act 90-456 or as subsequently amended, by any 2 officer, employee, or agency of State government or by any 3 other person or entity, are hereby validated. 4 (e) This Act applies to actions or proceedings pending 5 on or after the effective date of Public Act 90-456 (January 6 1, 1998), as well as to actions or proceedings pending on or 7 after the effective date of this Act. 8 Section 5. The Juvenile Court Act of 1987 is amended by 9 re-enacting Section 2-14 and by changing Section 2-22 as 10 follows: 11 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14) 12 Sec. 2-14. Date for Adjudicatory Hearing. 13 (a) Purpose and policy. The legislature recognizes that 14 serious delay in the adjudication of abuse, neglect, or 15 dependency cases can cause grave harm to the minor and the 16 family and that it frustrates the health, safety and best 17 interests of the minor and the effort to establish permanent 18 homes for children in need. The purpose of this Section is 19 to insure that, consistent with the federal Adoption 20 Assistance and Child Welfare Act of 1980, Public Law 96-272, 21 as amended, and the intent of this Act, the State of Illinois 22 will act in a just and speedy manner to determine the best 23 interests of the minor, including providing for the safety of 24 the minor, identifying families in need, reunifying families 25 where the minor can be cared for at home without endangering 26 the minor's health or safety and it is in the best interests 27 of the minor, and, if reunification is not consistent with 28 the health, safety and best interests of the minor, finding 29 another permanent home for the minor. 30 (b) When a petition is filed alleging that the minor is 31 abused, neglected or dependent, an adjudicatory hearing shall 32 be commenced within 90 days of the date of service of process SB1917 Enrolled -3- LRB9212180RCcdA 1 upon the minor, parents, any guardian and any legal 2 custodian, unless an earlier date is required pursuant to 3 Section 2-13.1. Once commenced, subsequent delay in the 4 proceedings may be allowed by the court when necessary to 5 ensure a fair hearing. 6 (c) Upon written motion of a party filed no later than 7 10 days prior to hearing, or upon the court's own motion and 8 only for good cause shown, the Court may continue the hearing 9 for a period not to exceed 30 days, and only if the 10 continuance is consistent with the health, safety and best 11 interests of the minor. When the court grants a continuance, 12 it shall enter specific factual findings to support its 13 order, including factual findings supporting the court's 14 determination that the continuance is in the best interests 15 of the minor. Only one such continuance shall be granted. A 16 period of continuance for good cause as described in this 17 Section shall temporarily suspend as to all parties, for the 18 time of the delay, the period within which a hearing must be 19 held. On the day of the expiration of the delay, the period 20 shall continue at the point at which it was suspended. 21 The term "good cause" as applied in this Section shall be 22 strictly construed and be in accordance with Supreme Court 23 Rule 231 (a) through (f). Neither stipulation by counsel nor 24 the convenience of any party constitutes good cause. If the 25 adjudicatory hearing is not heard within the time limits 26 required by subsection (b) or (c) of this Section, upon 27 motion by any party the petition shall be dismissed without 28 prejudice. 29 (d) The time limits of this Section may be waived only 30 by consent of all parties and approval by the court. 31 (e) For all cases filed before July 1, 1991, an 32 adjudicatory hearing must be held within 180 days of July 1, 33 1991. 34 (Source: P.A. 90-28, eff. 1-1-98; 90-456, eff. 1-1-98; SB1917 Enrolled -4- LRB9212180RCcdA 1 90-608, eff. 6-30-98; 90-655, eff. 7-30-98.) 2 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22) 3 Sec. 2-22. Dispositional hearing; evidence; continuance. 4 (1) At the dispositional hearing, the court shall 5 determine whether it is in the best interests of the minor 6 and the public that he be made a ward of the court, and, if 7 he is to be made a ward of the court, the court shall 8 determine the proper disposition best serving the health, 9 safety and interests of the minor and the public. The court 10 also shall consider the permanency goal set for the minor, 11 the nature of the service plan for the minor and the services 12 delivered and to be delivered under the plan. All evidence 13 helpful in determining these questions, including oral and 14 written reports, may be admitted and may be relied upon to 15 the extent of its probative value, even though not competent 16 for the purposes of the adjudicatory hearing. 17 (2) Once all parties respondent have been served in 18 compliance with Sections 2-15 and 2-16, no further service or 19 notice must be given to a party prior to proceeding to a 20 dispositional hearing.Notice in compliance with Supreme21Court Rule 11 must be given to all parties-respondent prior22to proceeding to a dispositional hearing.Before making an 23 order of disposition the court shall advise the State's 24 Attorney, the parents, guardian, custodian or responsible 25 relative or their counsel of the factual contents and the 26 conclusions of the reports prepared for the use of the court 27 and considered by it, and afford fair opportunity, if 28 requested, to controvert them. The court may order, however, 29 that the documents containing such reports need not be 30 submitted to inspection, or that sources of confidential 31 information need not be disclosed except to the attorneys for 32 the parties. Factual contents, conclusions, documents and 33 sources disclosed by the court under this paragraph shall not SB1917 Enrolled -5- LRB9212180RCcdA 1 be further disclosed without the express approval of the 2 court pursuant to an in camera hearing. 3 (3) A record of a prior continuance under supervision 4 under Section 2-20, whether successfully completed with 5 regard to the child's health, safety and best interest, or 6 not, is admissible at the dispositional hearing. 7 (4) On its own motion or that of the State's Attorney, a 8 parent, guardian, custodian, responsible relative or counsel, 9 the court may adjourn the hearing for a reasonable period to 10 receive reports or other evidence, if the adjournment is 11 consistent with the health, safety and best interests of the 12 minor, but in no event shall continuances be granted so that 13 the dispositional hearing occurs more than 6 months after the 14 initial removal of a minor from his or her home. In 15 scheduling investigations and hearings, the court shall give 16 priority to proceedings in which a minor has been removed 17 from his or her home before an order of disposition has been 18 made. 19 (5) Unless already set by the court, at the conclusion 20 of the dispositional hearing, the court shall set the date 21 for the first permanency hearing, to be conducted under 22 subsection (2) of Section 2-28, which shall be held: (a) 23 within 12 months from the date temporary custody was taken, 24 (b) if the parental rights of both parents have been 25 terminated in accordance with the procedure described in 26 subsection (5) of Section 2-21, within 30 days of the 27 termination of parental rights and appointment of a guardian 28 with power to consent to adoption, or (c) in accordance with 29 subsection (2) of Section 2-13.1. 30 (6) When the court declares a child to be a ward of the 31 court and awards guardianship to the Department of Children 32 and Family Services, (a) the court shall admonish the 33 parents, guardian, custodian or responsible relative that the 34 parents must cooperate with the Department of Children and SB1917 Enrolled -6- LRB9212180RCcdA 1 Family Services, comply with the terms of the service plans, 2 and correct the conditions which require the child to be in 3 care, or risk termination of their parental rights; and 4 (b) the court shall inquire of the parties of any intent to 5 proceed with termination of parental rights of a parent: 6 (A) whose identity still remains unknown; 7 (B) whose whereabouts remain unknown; or 8 (C) who was found in default at the adjudicatory 9 hearing and has not obtained an order setting aside the 10 default in accordance with Section 2-1301 of the Code of 11 Civil Procedure. 12 (Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87, 13 eff. 9-1-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.