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Public Act 102-0489 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Sections 2-10, 2-23, 2-28, and 2-33 as follows:
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(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
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Sec. 2-10. Temporary custody hearing. At the appearance of | ||||
the
minor before the court at the temporary custody hearing, | ||||
all
witnesses present shall be examined before the court in | ||||
relation to any
matter connected with the allegations made in | ||||
the petition.
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(1) If the court finds that there is not probable cause to | ||||
believe
that the minor is abused, neglected or dependent it | ||||
shall release
the minor and dismiss the petition.
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(2) If the court finds that there is probable cause to | ||||
believe that
the minor is abused, neglected or dependent, the | ||||
court shall state in writing
the factual basis supporting its | ||||
finding and the minor, his or her parent,
guardian, custodian | ||||
and other persons able to give relevant testimony
shall be | ||||
examined before the court. The Department of Children and
| ||||
Family Services shall give testimony concerning indicated | ||||
reports of abuse
and neglect, of which they are aware through | ||||
the central registry,
involving the minor's parent, guardian |
or custodian. After such
testimony, the court may, consistent | ||
with
the health,
safety and best interests of the minor,
enter | ||
an order that the minor shall be released
upon the request of | ||
parent, guardian or custodian if the parent, guardian
or | ||
custodian appears to take custody. If it is determined that a | ||
parent's, guardian's, or custodian's compliance with critical | ||
services mitigates the necessity for removal of the minor from | ||
his or her home, the court may enter an Order of Protection | ||
setting forth reasonable conditions of behavior that a parent, | ||
guardian, or custodian must observe for a specified period of | ||
time, not to exceed 12 months, without a violation; provided, | ||
however, that the 12-month period shall begin anew after any | ||
violation. "Custodian" includes the Department of Children and | ||
Family Services, if it has been given custody of the child, or | ||
any other agency of the State which has been given custody or | ||
wardship of the child. If it is
consistent with the health, | ||
safety and best interests of the
minor, the
court may also | ||
prescribe shelter care and
order that the minor be kept in a | ||
suitable place designated by the court or in
a shelter care | ||
facility designated by the Department of Children and Family
| ||
Services or a licensed child welfare
agency; however, on and | ||
after January 1, 2015 (the effective date of Public Act | ||
98-803) and before January 1, 2017, a minor charged with a
| ||
criminal offense under the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or adjudicated delinquent
shall not be | ||
placed in the custody of or committed to the Department of
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Children and Family Services by any court, except a minor less | ||
than 16
years of age and committed to the Department of | ||
Children and Family Services
under Section 5-710 of this Act | ||
or a minor for whom an independent
basis of
abuse, neglect, or | ||
dependency exists; and on and after January 1, 2017, a minor | ||
charged with a
criminal offense under the Criminal Code of | ||
1961 or the Criminal Code of 2012 or adjudicated delinquent
| ||
shall not be placed in the custody of or committed to the | ||
Department of
Children and Family Services by any court, | ||
except a minor less than 15 years of age and committed to the | ||
Department of Children and Family Services
under Section 5-710 | ||
of this Act or a minor for whom an independent
basis of
abuse, | ||
neglect, or dependency exists.
An independent basis exists | ||
when the allegations or adjudication of abuse, neglect, or | ||
dependency do not arise from the same facts, incident, or | ||
circumstances which give rise to a charge or adjudication of | ||
delinquency.
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In placing the minor, the Department or other
agency | ||
shall, to the extent
compatible with the court's order, comply | ||
with Section 7 of the Children and
Family Services Act.
In | ||
determining
the health, safety and best interests of the minor | ||
to prescribe shelter
care, the court must
find that it is a | ||
matter of immediate and urgent necessity for the safety
and | ||
protection
of the minor or of the person or property of another | ||
that the minor be placed
in a shelter care facility or that he | ||
or she is likely to flee the jurisdiction
of the court, and |
must further find that reasonable efforts have been made or
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that, consistent with the health, safety and best interests of
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the minor, no efforts reasonably can be made to
prevent or | ||
eliminate the necessity of removal of the minor from his or her
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home. The court shall require documentation from the | ||
Department of Children and
Family Services as to the | ||
reasonable efforts that were made to prevent or
eliminate the | ||
necessity of removal of the minor from his or her home or the
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reasons why no efforts reasonably could be made to prevent or | ||
eliminate the
necessity of removal. When a minor is placed in | ||
the home of a relative, the
Department of Children and Family | ||
Services shall complete a preliminary
background review of the | ||
members of the minor's custodian's household in
accordance | ||
with Section 4.3 of the Child Care Act of 1969 within 90 days | ||
of
that placement. If the minor is ordered placed in a shelter | ||
care facility of
the Department of Children and
Family | ||
Services or a licensed child welfare agency, the court shall, | ||
upon
request of the appropriate Department or other agency, | ||
appoint the
Department of Children and Family Services | ||
Guardianship Administrator or
other appropriate agency | ||
executive temporary custodian of the minor and the
court may | ||
enter such other orders related to the temporary custody as it
| ||
deems fit and proper, including the provision of services to | ||
the minor or
his family to ameliorate the causes contributing | ||
to the finding of probable
cause or to the finding of the | ||
existence of immediate and urgent necessity. |
Where the Department of Children and Family Services | ||
Guardianship Administrator is appointed as the executive | ||
temporary custodian, the Department of Children and Family | ||
Services shall file with the court and serve on the parties a | ||
parent-child visiting plan, within 10 days, excluding weekends | ||
and holidays, after the appointment. The parent-child visiting | ||
plan shall set out the time and place of visits, the frequency | ||
of visits, the length of visits, who shall be present at the | ||
visits, and where appropriate, the minor's opportunities to | ||
have telephone and mail communication with the parents. | ||
Where the Department of Children and Family Services | ||
Guardianship Administrator is
appointed as the executive | ||
temporary custodian, and when the child has siblings in care,
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the Department of Children and Family Services shall file with | ||
the court and serve on the
parties a sibling placement and | ||
contact plan within 10 days, excluding weekends and
holidays, | ||
after the appointment. The sibling placement and contact plan | ||
shall set forth
whether the siblings are placed together, and | ||
if they are not placed together, what, if any,
efforts are | ||
being made to place them together. If the Department has | ||
determined that it is
not in a child's best interest to be | ||
placed with a sibling, the Department shall document in
the | ||
sibling placement and contact plan the basis for its | ||
determination. For siblings placed
separately, the sibling | ||
placement and contact plan shall set the time and place for | ||
visits,
the frequency of the visits, the length of visits, who |
shall be present for the visits, and
where appropriate, the | ||
child's opportunities to have contact with their siblings in | ||
addition to
in person contact. If the Department determines it | ||
is not in the best interest of a sibling to
have contact with a | ||
sibling, the Department shall document in the sibling | ||
placement and
contact plan the basis for its determination. | ||
The sibling placement and contact plan shall
specify a date | ||
for development of the Sibling Contact Support Plan, under | ||
subsection (f) of Section 7.4 of the Children and Family | ||
Services Act, and shall remain in effect until the Sibling | ||
Contact Support Plan is developed. | ||
For good cause, the court may waive the requirement to | ||
file the parent-child visiting plan or the sibling placement | ||
and contact plan, or extend the time for filing either plan. | ||
Any party may, by motion, request the court to review the | ||
parent-child visiting plan to determine whether it is | ||
reasonably calculated to expeditiously facilitate the | ||
achievement of the permanency goal. A party may, by motion, | ||
request the court to review the parent-child visiting plan or | ||
the sibling placement and contact plan to determine whether it | ||
is consistent with the minor's best interest. The court may | ||
refer the parties to mediation where available. The frequency, | ||
duration, and locations of visitation shall be measured by the | ||
needs of the child and family, and not by the convenience of | ||
Department personnel. Child development principles shall be | ||
considered by the court in its analysis of how frequent |
visitation should be, how long it should last, where it should | ||
take place, and who should be present. If upon motion of the | ||
party to review either plan and after receiving evidence, the | ||
court determines that the parent-child visiting plan is not | ||
reasonably calculated to expeditiously facilitate the | ||
achievement of the permanency goal or that the restrictions | ||
placed on parent-child contact or sibling placement or contact | ||
are contrary to the child's best interests, the court shall | ||
put in writing the factual basis supporting the determination | ||
and enter specific findings based on the evidence. The court | ||
shall enter an order for the Department to implement changes | ||
to the parent-child visiting plan or sibling placement or | ||
contact plan, consistent with the court's findings. At any | ||
stage of proceeding, any party may by motion request the court | ||
to enter any orders necessary to implement the parent-child | ||
visiting plan, sibling placement or contact plan or | ||
subsequently developed Sibling Contact Support Plan. Nothing | ||
under this subsection (2) shall restrict the court from | ||
granting discretionary authority to the Department to increase | ||
opportunities for additional parent-child contacts or sibling | ||
contacts, without further court orders. Nothing in this | ||
subsection (2) shall restrict the Department from immediately | ||
restricting or terminating parent-child contact or sibling | ||
contacts, without either amending the parent-child visiting | ||
plan or the sibling contact plan or obtaining a court order, | ||
where the Department or its assigns reasonably believe that |
continuation of the contact, as set out in the plan, would be | ||
contrary to the child's health, safety, and welfare. The | ||
Department shall file with the court and serve on the parties | ||
any amendments to the plan within 10 days, excluding weekends | ||
and holidays, of the change of the visitation. | ||
Acceptance of services shall not be considered an | ||
admission of any
allegation in a petition made pursuant to | ||
this Act, nor may a referral of
services be considered as | ||
evidence in any proceeding pursuant to this Act,
except where | ||
the issue is whether the Department has made reasonable
| ||
efforts to reunite the family. In making its findings that it | ||
is
consistent with the health, safety and best
interests of | ||
the minor to prescribe shelter care, the court shall state in
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writing (i) the factual basis supporting its findings | ||
concerning the
immediate and urgent necessity for the | ||
protection of the minor or of the person
or property of another | ||
and (ii) the factual basis supporting its findings that
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reasonable efforts were made to prevent or eliminate the | ||
removal of the minor
from his or her home or that no efforts | ||
reasonably could be made to prevent or
eliminate the removal | ||
of the minor from his or her home. The
parents, guardian, | ||
custodian, temporary custodian and minor shall each be
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furnished a copy of such written findings. The temporary | ||
custodian shall
maintain a copy of the court order and written | ||
findings in the case record
for the child. The order together | ||
with the court's findings of fact in
support thereof shall be |
entered of record in the court.
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Once the court finds that it is a matter of immediate and | ||
urgent necessity
for the protection of the minor that the | ||
minor be placed in a shelter care
facility, the minor shall not | ||
be returned to the parent, custodian or guardian
until the | ||
court finds that such placement is no longer necessary for the
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protection of the minor.
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If the child is placed in the temporary custody of the | ||
Department of
Children
and Family
Services for his or her | ||
protection, the court shall admonish the parents,
guardian,
| ||
custodian or responsible relative that the parents must | ||
cooperate with the
Department of Children and Family Services, | ||
comply
with the terms of the service plans, and correct the | ||
conditions which require
the child to be in care, or risk | ||
termination of their parental
rights. The court shall ensure, | ||
by inquiring in open court of each parent, guardian, custodian | ||
or responsible relative, that the parent, guardian, custodian | ||
or responsible relative has had the opportunity to provide the | ||
Department with all known names, addresses, and telephone | ||
numbers of each of the minor's living maternal and paternal | ||
adult relatives, including, but not limited to, grandparents, | ||
aunts, uncles, and siblings. The court shall advise the | ||
parents, guardian, custodian or responsible relative to inform | ||
the Department if additional information regarding the minor's | ||
adult relatives becomes available.
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(3) If prior to the shelter care hearing for a minor |
described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | ||
unable to serve notice on the
party respondent, the shelter | ||
care hearing may proceed ex parte. A shelter
care order from an | ||
ex parte hearing shall be endorsed with the date and
hour of | ||
issuance and shall be filed with the clerk's office and | ||
entered of
record. The order shall expire after 10 days from | ||
the time it is issued
unless before its expiration it is | ||
renewed, at a hearing upon appearance
of the party respondent, | ||
or upon an affidavit of the moving party as to all
diligent | ||
efforts to notify the party respondent by notice as herein
| ||
prescribed. The notice prescribed shall be in writing and | ||
shall be
personally delivered to the minor or the minor's | ||
attorney and to the last
known address of the other person or | ||
persons entitled to notice. The
notice shall also state the | ||
nature of the allegations, the nature of the
order sought by | ||
the State, including whether temporary custody is sought,
and | ||
the consequences of failure to appear and shall contain a | ||
notice
that the parties will not be entitled to further | ||
written notices or publication
notices of proceedings in this | ||
case, including the filing of an amended
petition or a motion | ||
to terminate parental rights, except as required by
Supreme | ||
Court Rule 11; and shall explain the
right of
the parties and | ||
the procedures to vacate or modify a shelter care order as
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provided in this Section. The notice for a shelter care | ||
hearing shall be
substantially as follows:
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NOTICE TO PARENTS AND CHILDREN
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OF SHELTER CARE HEARING
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On ................ at ........., before the Honorable | ||
................,
(address:) ................., the State | ||
of Illinois will present evidence
(1) that (name of child | ||
or children) ....................... are abused,
neglected | ||
or dependent for the following reasons:
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..............................................
and (2) | ||
whether there is "immediate and urgent necessity" to | ||
remove the child
or children from the responsible | ||
relative.
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YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||
PLACEMENT of the
child or children in foster care until a | ||
trial can be held. A trial may
not be held for up to 90 | ||
days. You will not be entitled to further notices
of | ||
proceedings in this case, including the filing of an | ||
amended petition or a
motion to terminate parental rights.
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At the shelter care hearing, parents have the | ||
following rights:
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1. To ask the court to appoint a lawyer if they | ||
cannot afford one.
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2. To ask the court to continue the hearing to | ||
allow them time to
prepare.
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3. To present evidence concerning:
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a. Whether or not the child or children were | ||
abused, neglected
or dependent.
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b. Whether or not there is "immediate and |
urgent necessity" to remove
the child from home | ||
(including: their ability to care for the child,
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conditions in the home, alternative means of | ||
protecting the child other
than removal).
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c. The best interests of the child.
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4. To cross examine the State's witnesses.
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The Notice for rehearings shall be substantially as | ||
follows:
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NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
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TO REHEARING ON TEMPORARY CUSTODY
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If you were not present at and did not have adequate | ||
notice of the
Shelter Care Hearing at which temporary | ||
custody of ............... was
awarded to | ||
................, you have the right to request a full | ||
rehearing
on whether the State should have temporary | ||
custody of ................. To
request this rehearing, | ||
you must file with the Clerk of the Juvenile Court
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(address): ........................, in person or by | ||
mailing a statement
(affidavit) setting forth the | ||
following:
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1. That you were not present at the shelter care | ||
hearing.
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2. That you did not get adequate notice | ||
(explaining how the notice
was inadequate).
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3. Your signature.
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4. Signature must be notarized.
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The rehearing should be scheduled within 48 hours of | ||
your filing this
affidavit.
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At the rehearing, your rights are the same as at the | ||
initial shelter care
hearing. The enclosed notice explains | ||
those rights.
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At the Shelter Care Hearing, children have the | ||
following rights:
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1. To have a guardian ad litem appointed.
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2. To be declared competent as a witness and to | ||
present testimony
concerning:
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a. Whether they are abused, neglected or | ||
dependent.
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b. Whether there is "immediate and urgent | ||
necessity" to be
removed from home.
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c. Their best interests.
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3. To cross examine witnesses for other parties.
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4. To obtain an explanation of any proceedings and | ||
orders of the
court.
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(4) If the parent, guardian, legal custodian, responsible | ||
relative,
minor age 8 or over, or counsel of the minor did not | ||
have actual notice of
or was not present at the shelter care | ||
hearing, he or she may file an
affidavit setting forth these | ||
facts, and the clerk shall set the matter for
rehearing not | ||
later than 48 hours, excluding Sundays and legal holidays,
| ||
after the filing of the affidavit. At the rehearing, the court |
shall
proceed in the same manner as upon the original hearing.
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(5) Only when there is reasonable cause to believe that | ||
the minor
taken into custody is a person described in | ||
subsection (3) of Section
5-105 may the minor be
kept or | ||
detained in a detention home or county or municipal jail. This
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Section shall in no way be construed to limit subsection (6).
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(6) No minor under 16 years of age may be confined in a | ||
jail or place
ordinarily used for the confinement of prisoners | ||
in a police station. Minors
under 18 years of age must be kept | ||
separate from confined adults and may
not at any time be kept | ||
in the same cell, room, or yard with adults confined
pursuant | ||
to the criminal law.
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(7) If the minor is not brought before a judicial officer | ||
within the
time period as specified in Section 2-9, the minor | ||
must immediately be
released from custody.
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(8) If neither the parent, guardian or custodian appears | ||
within 24
hours to take custody of a minor released upon | ||
request pursuant to
subsection (2) of this Section, then the | ||
clerk of the court shall set the
matter for rehearing not later | ||
than 7 days after the original order and
shall issue a summons | ||
directed to the parent, guardian or custodian to
appear. At | ||
the same time the probation department shall prepare a report
| ||
on the minor. If a parent, guardian or custodian does not | ||
appear at such
rehearing, the judge may enter an order | ||
prescribing that the minor be kept
in a suitable place | ||
designated by the Department of Children and Family
Services |
or a licensed child welfare agency.
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(9) Notwithstanding any other provision of this
Section | ||
any interested party, including the State, the temporary
| ||
custodian, an agency providing services to the minor or family | ||
under a
service plan pursuant to Section 8.2 of the Abused and | ||
Neglected Child
Reporting Act, foster parent, or any of their | ||
representatives, on notice
to all parties entitled to notice, | ||
may file a motion that it is in the best
interests of the minor | ||
to modify or vacate a
temporary custody order on any of the | ||
following grounds:
| ||
(a) It is no longer a matter of immediate and urgent | ||
necessity that the
minor remain in shelter care; or
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(b) There is a material change in the circumstances of | ||
the natural
family from which the minor was removed and | ||
the child can be cared for at
home without endangering the | ||
child's health or safety; or
| ||
(c) A person not a party to the alleged abuse, neglect | ||
or dependency,
including a parent, relative or legal | ||
guardian, is capable of assuming
temporary custody of the | ||
minor; or
| ||
(d) Services provided by the Department of Children | ||
and Family Services
or a child welfare agency or other | ||
service provider have been successful in
eliminating the | ||
need for temporary custody and the child can be cared for | ||
at
home without endangering the child's health or safety.
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In ruling on the motion, the court shall determine whether |
it is consistent
with the health, safety and best interests of | ||
the minor to modify
or vacate a temporary custody order. If the
| ||
minor is being restored to the custody of a parent, legal | ||
custodian, or guardian who lives
outside of Illinois, and an | ||
Interstate Compact has been requested and refused, the court | ||
may order the
Department of Children and Family Services to | ||
arrange for an assessment of the minor's
proposed living | ||
arrangement and for ongoing monitoring of the health, safety, | ||
and best
interest of the minor and compliance with any order of | ||
protective supervision entered in
accordance with Section 2-20 | ||
or 2-25.
| ||
The clerk shall set the matter for hearing not later than | ||
14 days after
such motion is filed. In the event that the court | ||
modifies or vacates a
temporary custody order but does not | ||
vacate its finding of probable cause,
the court may order that | ||
appropriate services be continued or initiated in
behalf of | ||
the minor and his or her family.
| ||
(10) When the court finds or has found that there is | ||
probable cause to
believe a minor is an abused minor as | ||
described in subsection (2) of Section
2-3
and that there is an | ||
immediate and urgent necessity for the abused minor to be
| ||
placed in shelter care, immediate and urgent necessity shall | ||
be presumed for
any other minor residing in the same household | ||
as the abused minor provided:
| ||
(a) Such other minor is the subject of an abuse or | ||
neglect petition
pending before the court; and
|
(b) A party to the petition is seeking shelter care | ||
for such other minor.
| ||
Once the presumption of immediate and urgent necessity has | ||
been raised, the
burden of demonstrating the lack of immediate | ||
and urgent necessity shall be on
any party that is opposing | ||
shelter care for the other minor.
| ||
(11) The changes made to this Section by Public Act 98-61 | ||
apply to a minor who has been
arrested or taken into custody on | ||
or after January 1, 2014 (the effective date
of Public Act | ||
98-61). | ||
(12) After the court has placed a minor in the care of a | ||
temporary custodian pursuant to this Section, any party may | ||
file a motion requesting the court to grant the temporary | ||
custodian the authority to serve as a surrogate decision maker | ||
for the minor under the Health Care Surrogate Act for purposes | ||
of making decisions pursuant to paragraph (1) of subsection | ||
(b) of Section 20 of the Health Care Surrogate Act. The court | ||
may grant the motion if it determines by clear and convincing | ||
evidence that it is in the best interests of the minor to grant | ||
the temporary custodian such authority. In making its | ||
determination, the court shall weigh the following factors in | ||
addition to considering the best interests factors listed in | ||
subsection (4.05) of Section 1-3 of this Act: | ||
(a) the efforts to identify and locate the respondents | ||
and adult family members of the minor and the results of | ||
those efforts; |
(b) the efforts to engage the respondents and adult | ||
family members of the minor in decision making on behalf | ||
of the minor; | ||
(c) the length of time the efforts in paragraphs (a) | ||
and (b) have been ongoing; | ||
(d) the relationship between the respondents and adult | ||
family members and the minor; | ||
(e) medical testimony regarding the extent to which | ||
the minor is suffering and the impact of a delay in | ||
decision-making on the minor; and | ||
(f) any other factor the court deems relevant. | ||
If the Department of Children and Family Services is the | ||
temporary custodian of the minor, in addition to the | ||
requirements of paragraph (1) of subsection (b) of Section 20 | ||
of the Health Care Surrogate Act, the Department shall follow | ||
its rules and procedures in exercising authority granted under | ||
this subsection. | ||
(Source: P.A. 99-625, eff. 1-1-17; 99-642, eff. 7-28-16; | ||
100-159, eff. 8-18-17; 100-863, eff. 8-14-18; 100-959, eff. | ||
1-1-19 .)
| ||
(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| ||
Sec. 2-23. Kinds of dispositional orders.
| ||
(1) The following kinds of orders of disposition may be | ||
made in respect of
wards of the court:
| ||
(a) A minor found to be neglected or abused under
|
Section 2-3 or dependent under Section 2-4 may be (1) | ||
continued in the
custody of his or her parents,
guardian | ||
or legal custodian; (2) placed in accordance with Section | ||
2-27;
(3) restored to the custody of the parent, parents, | ||
guardian, or legal
custodian, provided the court shall | ||
order the parent, parents, guardian, or
legal custodian to | ||
cooperate with the Department of Children and Family
| ||
Services and comply with the terms of an after-care plan | ||
or risk the loss of
custody of the child and the possible | ||
termination of their parental rights;
or
(4) ordered | ||
partially or completely emancipated in accordance with
the | ||
provisions of the Emancipation of Minors Act.
| ||
If the minor is being restored to the custody of a | ||
parent, legal custodian, or guardian who lives
outside of | ||
Illinois, and an Interstate Compact has been requested and | ||
refused, the court may order the
Department of Children | ||
and Family Services to arrange for an assessment of the | ||
minor's
proposed living arrangement and for ongoing | ||
monitoring of the health, safety, and best
interest of the | ||
minor and compliance with any order of protective | ||
supervision entered in
accordance with Section 2-24. | ||
However, in any case in which a minor is found by the | ||
court to be
neglected or abused under Section 2-3 of this | ||
Act, custody of the minor
shall not be restored to any | ||
parent, guardian or legal custodian whose acts
or | ||
omissions or both have been identified, pursuant to |
subsection (1) of
Section 2-21, as forming the basis for | ||
the court's finding of abuse or
neglect, until such time
| ||
as a
hearing is held on the issue of the best interests of | ||
the minor and the fitness
of such parent, guardian or | ||
legal custodian to care for the minor without
endangering | ||
the minor's health or safety, and the court
enters an | ||
order that such parent, guardian or legal custodian is fit | ||
to care
for the minor.
| ||
(b) A minor found to be dependent under
Section 2-4 | ||
may be (1) placed in accordance with Section 2-27 or (2)
| ||
ordered partially or completely emancipated in accordance | ||
with the
provisions of the Emancipation of Minors Act.
| ||
However, in any case in which a minor is found by the | ||
court to be
dependent under Section 2-4 of this Act, | ||
custody of the minor shall not be
restored to
any parent, | ||
guardian or legal custodian whose acts or omissions or | ||
both have
been identified, pursuant to subsection (1) of | ||
Section 2-21, as forming the
basis for the court's finding | ||
of dependency, until such
time as a hearing is
held on the | ||
issue of the fitness of such parent, guardian or legal
| ||
custodian to care for the minor without endangering the | ||
minor's health or
safety, and the court enters an order | ||
that such
parent, guardian or legal custodian is fit to | ||
care for the minor.
| ||
(b-1) A minor between the ages of 18 and 21 may be | ||
placed pursuant to Section 2-27 of this Act if (1) the |
court has granted a supplemental petition to reinstate | ||
wardship of the minor pursuant to subsection (2) of | ||
Section 2-33, (2) the court has adjudicated the minor a | ||
ward of the court, permitted the minor to return home | ||
under an order of protection, and subsequently made a | ||
finding that it is in the minor's best interest to vacate | ||
the order of protection and commit the minor to the | ||
Department of Children and Family Services for care and | ||
service, or (3) the court returned the minor to the | ||
custody of the respondent under Section 2-4b of this Act | ||
without terminating the proceedings under Section 2-31 of | ||
this Act, and subsequently made a finding that it is in the | ||
minor's best interest to commit the minor to the | ||
Department of Children and Family Services for care and | ||
services. | ||
(c) When the court awards guardianship to the | ||
Department of Children and
Family Services, the court | ||
shall order the parents to cooperate with the
Department | ||
of Children and Family Services, comply with the terms of | ||
the
service plans, and correct the conditions that require | ||
the child to be in care,
or risk termination of their | ||
parental rights.
| ||
(2) Any order of disposition may provide for protective | ||
supervision
under Section 2-24 and may include an order of | ||
protection under Section 2-25.
| ||
Unless the order of disposition expressly so provides, it |
does
not operate to close proceedings on the pending petition, | ||
but is subject
to modification, not inconsistent with Section | ||
2-28, until final closing and discharge of the proceedings | ||
under
Section 2-31.
| ||
(3) The court also shall enter any other orders necessary | ||
to fulfill the
service plan, including, but not limited to, | ||
(i) orders requiring parties to
cooperate with services, (ii) | ||
restraining orders controlling the conduct of any
party likely | ||
to frustrate the achievement of the goal, and (iii) visiting
| ||
orders. When the child is placed separately from a sibling, | ||
the
court shall review the Sibling Contact Support Plan | ||
developed under subsection (f) of Section 7.4 of the Children | ||
and Family Services Act, if applicable. If the Department has | ||
not convened a meeting to develop a Sibling
Contact Support | ||
Plan, or if the court finds that the existing Plan is not in | ||
the child's best
interest, the court may enter an order | ||
requiring the Department to develop and implement
a Sibling | ||
Contact Support Plan under subsection (f) of Section 7.4 of | ||
the Children and Family Services Act or order mediation. | ||
Unless otherwise specifically authorized by law, the court is | ||
not
empowered under this subsection (3) to order specific | ||
placements, specific
services, or specific service
providers | ||
to be included in the plan. If, after receiving evidence, the | ||
court determines that the services contained in the plan are | ||
not reasonably calculated to facilitate achievement of the | ||
permanency goal, the court shall put in writing the factual |
basis supporting the determination and enter specific findings | ||
based on the evidence. The court also shall enter an order for | ||
the Department to develop and implement a new service plan or | ||
to implement changes to the current service plan consistent | ||
with the court's findings. The new service plan shall be filed | ||
with the court and served on all parties within 45 days after | ||
the date of the order. The court shall continue the matter | ||
until the new service plan is filed. Except as authorized by | ||
subsection (3.5) of this Section or authorized by law, the | ||
court is not empowered under this Section to order specific | ||
placements, specific services, or specific service providers | ||
to be included in the service plan.
| ||
(3.5) If, after reviewing the evidence, including evidence | ||
from the Department, the court determines that the minor's | ||
current or planned placement is not necessary or appropriate | ||
to facilitate achievement of the permanency goal, the court | ||
shall put in writing the factual basis supporting its | ||
determination and enter specific findings based on the | ||
evidence. If the court finds that the minor's current or | ||
planned placement is not necessary or appropriate, the court | ||
may enter an order directing the Department to implement a | ||
recommendation by the minor's treating clinician or a | ||
clinician contracted by the Department to evaluate the minor | ||
or a recommendation made by the Department. If the Department | ||
places a minor in a placement under an order entered under this | ||
subsection (3.5), the Department has the authority to remove |
the minor from that placement when a change in circumstances | ||
necessitates the removal to protect the minor's health, | ||
safety, and best interest. If the Department determines | ||
removal is necessary, the Department shall notify the parties | ||
of the planned placement change in writing no later than 10 | ||
days prior to the implementation of its determination unless | ||
remaining in the placement poses an imminent risk of harm to | ||
the minor, in which case the Department shall notify the | ||
parties of the placement change in writing immediately | ||
following the implementation of its decision. The Department | ||
shall notify others of the decision to change the minor's | ||
placement as required by Department rule. | ||
(4) In addition to any other order of disposition, the | ||
court may order
any minor adjudicated neglected with respect | ||
to his or her own injurious
behavior to make restitution, in | ||
monetary or non-monetary form, under the
terms and conditions | ||
of Section 5-5-6 of the Unified Code of Corrections,
except | ||
that the "presentence hearing" referred to therein shall be | ||
the
dispositional hearing for purposes of this Section. The | ||
parent, guardian
or legal custodian of the minor may pay some | ||
or all of such restitution on
the minor's behalf.
| ||
(5) Any order for disposition where the minor is committed | ||
or placed in
accordance with Section 2-27 shall provide for | ||
the parents or guardian of
the estate of such minor to pay to | ||
the legal custodian or guardian of the
person of the minor such | ||
sums as are determined by the custodian or guardian
of the |
person of the minor as necessary for the minor's needs. Such | ||
payments
may not exceed the maximum amounts provided for by | ||
Section 9.1 of the
Children and Family Services Act.
| ||
(6) Whenever the order of disposition requires the minor | ||
to attend
school or participate in a program of training, the | ||
truant officer or
designated school official shall regularly | ||
report to the court if the minor
is a chronic or habitual | ||
truant under Section 26-2a of the School Code.
| ||
(7) The court may terminate the parental rights of a | ||
parent at the initial
dispositional hearing if all of the | ||
conditions in subsection (5) of Section
2-21 are met.
| ||
(Source: P.A. 100-45, eff. 8-11-17; 100-978, eff. 8-19-18; | ||
101-79, eff. 7-12-19.)
| ||
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| ||
Sec. 2-28. Court review.
| ||
(1) The court may require any legal custodian or guardian | ||
of the person
appointed under this Act to report periodically | ||
to the court or may cite
him into court and require him or his | ||
agency, to make a full and
accurate report of his or its doings | ||
in behalf of the minor. The
custodian or guardian, within 10 | ||
days after such citation, or earlier if the court determines | ||
it to be necessary to protect the health, safety, or welfare of | ||
the minor, shall make
the report, either in writing verified | ||
by affidavit or orally under oath
in open court, or otherwise | ||
as the court directs. Upon the hearing of
the report the court |
may remove the custodian or guardian and appoint
another in | ||
his stead or restore the minor to the custody of his parents
or | ||
former guardian or custodian. However, custody of the minor | ||
shall
not be restored to any parent, guardian or legal | ||
custodian in any case
in which the minor is found to be | ||
neglected or abused under Section 2-3 or
dependent under | ||
Section 2-4 of this
Act, unless the minor can be cared for at | ||
home without endangering the
minor's health or safety and it | ||
is in the best interests of the minor, and
if such neglect,
| ||
abuse, or dependency is found by the court under paragraph (1)
| ||
of Section 2-21 of
this Act to have come about due to the acts | ||
or omissions or both of such
parent, guardian
or legal | ||
custodian, until such time as an investigation is made as | ||
provided in
paragraph (5) and a hearing is held on the issue of | ||
the fitness of such parent,
guardian or legal custodian to | ||
care for the minor and the court enters an order
that such | ||
parent, guardian or legal custodian is fit to care for the | ||
minor.
| ||
(1.5) The public agency that is the custodian or guardian | ||
of the minor shall file a written report with the court no | ||
later than 15 days after a minor in the agency's care remains: | ||
(1) in a shelter placement beyond 30 days; | ||
(2) in a psychiatric hospital past the time when the | ||
minor is clinically ready for discharge or beyond medical | ||
necessity for the minor's health; or | ||
(3) in a detention center or Department of Juvenile |
Justice facility solely because the public agency cannot | ||
find an appropriate placement for the minor. | ||
The report shall explain the steps the agency is taking to | ||
ensure the minor is placed appropriately, how the minor's | ||
needs are being met in the minor's shelter placement, and if a | ||
future placement has been identified by the Department, why | ||
the anticipated placement is appropriate for the needs of the | ||
minor and the anticipated placement date. | ||
(1.6) Within 35 days after placing a child in its care in a | ||
qualified residential treatment program, as defined by the | ||
federal Social Security Act, the Department of Children and | ||
Family Services shall file a written report with the court and | ||
send copies of the report to all parties. Within 20 days of the | ||
filing of the report, the court shall hold a hearing to | ||
consider the Department's report and determine whether | ||
placement of the child in a qualified residential treatment | ||
program provides the most effective and appropriate level of | ||
care for the child in the least restrictive environment and if | ||
the placement is consistent with the short-term and long-term | ||
goals for the child, as specified in the permanency plan for | ||
the child. The court shall approve or disapprove the | ||
placement. If applicable, the requirements of Sections 2-27.1 | ||
and 2-27.2 must also be met.
The Department's written report | ||
and the court's written determination shall be included in and | ||
made part of the case plan for the child. If the child remains | ||
placed in a qualified residential treatment program, the |
Department shall submit evidence at each status and permanency | ||
hearing: | ||
(1) demonstrating that on-going assessment of the | ||
strengths and needs of the child continues to support the | ||
determination that the child's needs cannot be met through | ||
placement in a foster family home, that the placement | ||
provides the most effective and appropriate level of care | ||
for the child in the least restrictive, appropriate | ||
environment, and that the placement is consistent with the | ||
short-term and long-term permanency goal for the child, as | ||
specified in the permanency plan for the child; | ||
(2) documenting the specific treatment or service | ||
needs that should be met for the child in the placement and | ||
the length of time the child is expected to need the | ||
treatment or services; and | ||
(3) the efforts made by the agency to prepare the | ||
child to return home or to be placed with a fit and willing | ||
relative, a legal guardian, or an adoptive parent, or in a | ||
foster family home. | ||
(2) The first permanency hearing shall be
conducted by the | ||
judge. Subsequent permanency hearings may be
heard by a judge | ||
or by hearing officers appointed or approved by the court in
| ||
the manner set forth in Section 2-28.1 of this Act.
The initial | ||
hearing shall be held (a) within 12 months from the date
| ||
temporary
custody was taken, regardless of whether an | ||
adjudication or dispositional hearing has been completed |
within that time frame, (b) if the parental rights of both | ||
parents have been
terminated in accordance with the procedure | ||
described in subsection (5) of
Section 2-21, within
30 days of | ||
the order for termination of parental rights and appointment | ||
of
a guardian with power to consent to adoption, or (c) in | ||
accordance with
subsection
(2) of Section 2-13.1. Subsequent | ||
permanency hearings
shall be held every 6 months
or more | ||
frequently if necessary in the court's determination following | ||
the
initial permanency hearing, in accordance with the | ||
standards set forth in this
Section, until the court | ||
determines that the plan and goal have been achieved.
Once the | ||
plan and goal have been achieved, if the minor remains in | ||
substitute
care, the case shall be reviewed at least every 6 | ||
months thereafter, subject to
the provisions of this Section, | ||
unless the minor is placed in the guardianship
of a suitable | ||
relative or other person and the court determines that further
| ||
monitoring by the court does not further the health, safety or | ||
best interest of
the child and that this is a stable permanent | ||
placement.
The permanency hearings must occur within the time | ||
frames set forth in this
subsection and may not be delayed in | ||
anticipation of a report from any source or due to the agency's | ||
failure to timely file its written report (this
written report | ||
means the one required under the next paragraph and does not
| ||
mean the service plan also referred to in that paragraph).
| ||
The public agency that is the custodian or guardian of the | ||
minor, or another
agency responsible for the minor's care, |
shall ensure that all parties to the
permanency hearings are | ||
provided a copy of the most recent
service plan prepared | ||
within the prior 6 months
at least 14 days in advance of the | ||
hearing. If not contained in the agency's service plan, the
| ||
agency shall also include a report setting forth (i) any | ||
special
physical, psychological, educational, medical, | ||
emotional, or other needs of the
minor or his or her family | ||
that are relevant to a permanency or placement
determination | ||
and (ii) for any minor age 16 or over, a written description of
| ||
the programs and services that will enable the minor to | ||
prepare for independent
living. If not contained in the | ||
agency's service plan, the agency's report shall specify if a | ||
minor is placed in a licensed child care facility under a | ||
corrective plan by the Department due to concerns impacting | ||
the minor's safety and well-being. The report shall explain | ||
the steps the Department is taking to ensure the safety and | ||
well-being of the minor and that the minor's needs are met in | ||
the facility. The agency's written report must detail what | ||
progress or lack of
progress the parent has made in correcting | ||
the conditions requiring the child
to be in care; whether the | ||
child can be returned home without jeopardizing the
child's | ||
health, safety, and welfare, and if not, what permanency goal | ||
is
recommended to be in the best interests of the child, and | ||
why the other
permanency goals are not appropriate. The | ||
caseworker must appear and testify
at the permanency hearing. | ||
If a permanency hearing has not previously been
scheduled by |
the court, the moving party shall move for the setting of a
| ||
permanency hearing and the entry of an order within the time | ||
frames set forth
in this subsection.
| ||
At the permanency hearing, the court shall determine the | ||
future status
of the child. The court shall set one of the | ||
following permanency goals:
| ||
(A) The minor will be returned home by a specific date | ||
within 5
months.
| ||
(B) The minor will be in short-term care with a
| ||
continued goal to return home within a period not to | ||
exceed one
year, where the progress of the parent or | ||
parents is substantial giving
particular consideration to | ||
the age and individual needs of the minor.
| ||
(B-1) The minor will be in short-term care with a | ||
continued goal to return
home pending a status hearing. | ||
When the court finds that a parent has not made
reasonable | ||
efforts or reasonable progress to date, the court shall | ||
identify
what actions the parent and the Department must | ||
take in order to justify a
finding of reasonable efforts | ||
or reasonable progress and shall set a status
hearing to | ||
be held not earlier than 9 months from the date of | ||
adjudication nor
later than 11 months from the date of | ||
adjudication during which the parent's
progress will again | ||
be reviewed.
| ||
(C) The minor will be in substitute care pending court
| ||
determination on termination of parental rights.
|
(D) Adoption, provided that parental rights have been | ||
terminated or
relinquished.
| ||
(E) The guardianship of the minor will be transferred | ||
to an individual or
couple on a permanent basis provided | ||
that goals (A) through (D) have
been ruled out.
| ||
(F) The minor over age 15 will be in substitute care | ||
pending
independence. In selecting this permanency goal, | ||
the Department of Children and Family Services may provide | ||
services to enable reunification and to strengthen the | ||
minor's connections with family, fictive kin, and other | ||
responsible adults, provided the services are in the | ||
minor's best interest. The services shall be documented in | ||
the service plan.
| ||
(G) The minor will be in substitute care because he or | ||
she cannot be
provided for in a home environment due to | ||
developmental
disabilities or mental illness or because he | ||
or she is a danger to self or
others, provided that goals | ||
(A) through (D) have been ruled out.
| ||
In selecting any permanency goal, the court shall indicate | ||
in writing the
reasons the goal was selected and why the | ||
preceding goals were ruled out.
Where the court has selected a | ||
permanency goal other than (A), (B), or (B-1),
the
Department | ||
of Children and Family Services shall not provide further
| ||
reunification services, except as provided in paragraph (F) of | ||
this subsection (2), but shall provide services
consistent | ||
with the goal
selected.
|
(H) Notwithstanding any other provision in this | ||
Section, the court may select the goal of continuing | ||
foster care as a permanency goal if: | ||
(1) The Department of Children and Family Services | ||
has custody and guardianship of the minor; | ||
(2) The court has ruled out all other permanency | ||
goals based on the child's best interest;
| ||
(3) The court has found compelling reasons, based | ||
on written documentation reviewed by the court, to | ||
place the minor in continuing foster care. Compelling | ||
reasons include:
| ||
(a) the child does not wish to be adopted or to | ||
be placed in the guardianship of his or her | ||
relative or foster care placement;
| ||
(b) the child exhibits an extreme level of | ||
need such that the removal of the child from his or | ||
her placement would be detrimental to the child; | ||
or
| ||
(c) the child who is the subject of the | ||
permanency hearing has existing close and strong | ||
bonds with a sibling, and achievement of another | ||
permanency goal would substantially interfere with | ||
the subject child's sibling relationship, taking | ||
into consideration the nature and extent of the | ||
relationship, and whether ongoing contact is in | ||
the subject child's best interest, including |
long-term emotional interest, as compared with the | ||
legal and emotional benefit of permanence;
| ||
(4) The child has lived with the relative or | ||
foster parent for at least one year; and
| ||
(5) The relative or foster parent currently caring | ||
for the child is willing and capable of providing the | ||
child with a stable and permanent environment. | ||
The court shall set a
permanency
goal that is in the best | ||
interest of the child. In determining that goal, the court | ||
shall consult with the minor in an age-appropriate manner | ||
regarding the proposed permanency or transition plan for the | ||
minor. The court's determination
shall include the following | ||
factors:
| ||
(1) Age of the child.
| ||
(2) Options available for permanence, including both | ||
out-of-state and in-state placement options.
| ||
(3) Current placement of the child and the intent of | ||
the family regarding
adoption.
| ||
(4) Emotional, physical, and mental status or | ||
condition of the child.
| ||
(5) Types of services previously offered and whether | ||
or not
the services were successful and, if not | ||
successful, the reasons the services
failed.
| ||
(6) Availability of services currently needed and | ||
whether the services
exist.
| ||
(7) Status of siblings of the minor.
|
The court shall consider (i) the permanency goal contained | ||
in the service
plan, (ii) the appropriateness of the
services | ||
contained in the plan and whether those services have been
| ||
provided, (iii) whether reasonable efforts have been made by | ||
all
the parties to the service plan to achieve the goal, and | ||
(iv) whether the plan
and goal have been achieved. All | ||
evidence
relevant to determining these questions, including | ||
oral and written reports,
may be admitted and may be relied on | ||
to the extent of their probative value.
| ||
The court shall make findings as to whether, in violation | ||
of Section 8.2 of the Abused and Neglected Child Reporting | ||
Act, any portion of the service plan compels a child or parent | ||
to engage in any activity or refrain from any activity that is | ||
not reasonably related to remedying a condition or conditions | ||
that gave rise or which could give rise to any finding of child | ||
abuse or neglect. The services contained in the service plan | ||
shall include services reasonably related to remedy the | ||
conditions that gave rise to removal of the child from the home | ||
of his or her parents, guardian, or legal custodian or that the | ||
court has found must be remedied prior to returning the child | ||
home. Any tasks the court requires of the parents, guardian, | ||
or legal custodian or child prior to returning the child home, | ||
must be reasonably related to remedying a condition or | ||
conditions that gave rise to or which could give rise to any | ||
finding of child abuse or neglect. | ||
If the permanency goal is to return home, the court shall |
make findings that identify any problems that are causing | ||
continued placement of the children away from the home and | ||
identify what outcomes would be considered a resolution to | ||
these problems. The court shall explain to the parents that | ||
these findings are based on the information that the court has | ||
at that time and may be revised, should additional evidence be | ||
presented to the court. | ||
The court shall review the Sibling Contact Support Plan | ||
developed or modified under subsection (f) of Section 7.4 of | ||
the Children and Family Services Act, if applicable. If the | ||
Department has not convened a meeting to
develop or modify a | ||
Sibling Contact Support Plan, or if the court finds that the | ||
existing Plan
is not in the child's best interest, the court | ||
may enter an order requiring the Department to
develop, modify | ||
or implement a Sibling Contact Support Plan, or order | ||
mediation. | ||
If the goal has been achieved, the court shall enter | ||
orders that are
necessary to conform the minor's legal custody | ||
and status to those findings.
| ||
If, after receiving evidence, the court determines that | ||
the services
contained in the plan are not reasonably | ||
calculated to facilitate achievement
of the permanency goal, | ||
the court shall put in writing the factual basis
supporting | ||
the determination and enter specific findings based on the | ||
evidence.
The court also shall enter an order for the | ||
Department to develop and
implement a new service plan or to |
implement changes to the current service
plan consistent with | ||
the court's findings. The new service plan shall be filed
with | ||
the court and served on all parties within 45 days of the date | ||
of the
order. The court shall continue the matter until the new | ||
service plan is
filed. Except as authorized by subsection | ||
(2.5) of this Section and as otherwise specifically authorized | ||
by law, the court is not empowered under this Section to order | ||
specific placements, specific services, or specific service | ||
providers to be included in the service plan.
| ||
A guardian or custodian appointed by the court pursuant to | ||
this Act shall
file updated case plans with the court every 6 | ||
months.
| ||
Rights of wards of the court under this Act are | ||
enforceable against
any public agency by complaints for relief | ||
by mandamus filed in any
proceedings brought under this Act.
| ||
(2.5) If, after reviewing the evidence, including evidence | ||
from the Department, the court determines that the minor's | ||
current or planned placement is not necessary or appropriate | ||
to facilitate achievement of the permanency goal, the court | ||
shall put in writing the factual basis supporting its | ||
determination and enter specific findings based on the | ||
evidence. If the court finds that the minor's current or | ||
planned placement is not necessary or appropriate, the court | ||
may enter an order directing the Department to implement a | ||
recommendation by the minor's treating clinician or a | ||
clinician contracted by the Department to evaluate the minor |
or a recommendation made by the Department. If the Department | ||
places a minor in a placement under an order entered under this | ||
subsection (2.5), the Department has the authority to remove | ||
the minor from that placement when a change in circumstances | ||
necessitates the removal to protect the minor's health, | ||
safety, and best interest. If the Department determines | ||
removal is necessary, the Department shall notify the parties | ||
of the planned placement change in writing no later than 10 | ||
days prior to the implementation of its determination unless | ||
remaining in the placement poses an imminent risk of harm to | ||
the minor, in which case the Department shall notify the | ||
parties of the placement change in writing immediately | ||
following the implementation of its decision. The Department | ||
shall notify others of the decision to change the minor's | ||
placement as required by Department rule. | ||
(3) Following the permanency hearing, the court shall | ||
enter a written order
that includes the determinations | ||
required under subsection (2) of this
Section and sets forth | ||
the following:
| ||
(a) The future status of the minor, including the | ||
permanency goal, and
any order necessary to conform the | ||
minor's legal custody and status to such
determination; or
| ||
(b) If the permanency goal of the minor cannot be | ||
achieved immediately,
the specific reasons for continuing | ||
the minor in the care of the Department of
Children and | ||
Family Services or other agency for short term placement, |
and the
following determinations:
| ||
(i) (Blank).
| ||
(ii) Whether the services required by the court
| ||
and by any service plan prepared within the prior 6 | ||
months
have been provided and (A) if so, whether the | ||
services were reasonably
calculated to facilitate the | ||
achievement of the permanency goal or (B) if not
| ||
provided, why the services were not provided.
| ||
(iii) Whether the minor's current or planned | ||
placement is necessary, and appropriate to the
plan | ||
and goal, recognizing the right of minors to the least | ||
restrictive (most
family-like) setting available and | ||
in close proximity to the parents' home
consistent | ||
with the health, safety, best interest and special | ||
needs of the
minor and, if the minor is placed | ||
out-of-state, whether the out-of-state
placement | ||
continues to be appropriate and consistent with the | ||
health, safety,
and best interest of the minor.
| ||
(iv) (Blank).
| ||
(v) (Blank).
| ||
(4) The minor or any person interested in the minor may | ||
apply to the
court for a change in custody of the minor and the | ||
appointment of a new
custodian or guardian of the person or for | ||
the restoration of the minor
to the custody of his parents or | ||
former guardian or custodian.
| ||
When return home is not selected as the permanency goal:
|
(a) The Department, the minor, or the current
foster | ||
parent or relative
caregiver seeking private guardianship | ||
may file a motion for private
guardianship of the minor. | ||
Appointment of a guardian under this Section
requires | ||
approval of the court.
| ||
(b) The State's Attorney may file a motion to | ||
terminate parental rights of
any parent who has failed to | ||
make reasonable efforts to correct the conditions
which | ||
led to the removal of the child or reasonable progress | ||
toward the return
of the child, as defined in subdivision | ||
(D)(m) of Section 1 of the Adoption Act
or for whom any | ||
other unfitness ground for terminating parental rights as
| ||
defined in subdivision (D) of Section 1 of the Adoption | ||
Act exists. | ||
When parental rights have been terminated for a | ||
minimum of 3 years and the child who is the subject of the | ||
permanency hearing is 13 years old or older and is not | ||
currently placed in a placement likely to achieve | ||
permanency, the Department of
Children and Family Services | ||
shall make reasonable efforts to locate parents whose | ||
rights have been terminated, except when the Court | ||
determines that those efforts would be futile or | ||
inconsistent with the subject child's best interests. The | ||
Department of
Children and Family Services shall assess | ||
the appropriateness of the parent whose rights have been | ||
terminated, and shall, as appropriate, foster and support |
connections between the parent whose rights have been | ||
terminated and the youth. The Department of
Children and | ||
Family Services shall document its determinations and | ||
efforts to foster connections in the child's case plan.
| ||
Custody of the minor shall not be restored to any parent, | ||
guardian or legal
custodian in any case in which the minor is | ||
found to be neglected or abused
under Section 2-3 or dependent | ||
under Section 2-4 of this Act, unless the
minor can be cared | ||
for at home
without endangering his or her health or safety and | ||
it is in the best
interest of the minor,
and if such neglect, | ||
abuse, or dependency is found by the court
under paragraph (1) | ||
of Section 2-21 of this Act to have come
about due to the acts | ||
or omissions or both of such parent, guardian or legal
| ||
custodian, until such time as an investigation is made as | ||
provided in
paragraph (5) and a hearing is held on the issue of | ||
the health,
safety and
best interest of the minor and the | ||
fitness of such
parent, guardian or legal custodian to care | ||
for the minor and the court
enters an order that such parent, | ||
guardian or legal custodian is fit to
care for the minor. If a | ||
motion is filed to modify or
vacate a private guardianship | ||
order and return the child to a parent, guardian, or legal | ||
custodian, the
court may order the Department of Children and | ||
Family Services to assess the minor's current and
proposed | ||
living arrangements and to provide ongoing monitoring of the | ||
health, safety, and best interest
of the minor during the | ||
pendency of the motion to assist the court in making that |
determination. In the event that the minor has attained 18 | ||
years
of age and the guardian or custodian petitions the court | ||
for an order
terminating his guardianship or custody, | ||
guardianship or custody shall
terminate automatically 30 days | ||
after the receipt of the petition unless
the court orders | ||
otherwise. No legal custodian or guardian of the
person may be | ||
removed without his consent until given notice and an
| ||
opportunity to be heard by the court.
| ||
When the court orders a child restored to the custody of | ||
the parent or
parents, the court shall order the parent or | ||
parents to cooperate with the
Department of Children and | ||
Family Services and comply with the terms of an
after-care | ||
plan, or risk the loss of custody of the child and possible
| ||
termination of their parental rights. The court may also enter | ||
an order of
protective supervision in accordance with Section | ||
2-24.
| ||
If the minor is being restored to the custody of a parent, | ||
legal custodian, or guardian who lives
outside of Illinois, | ||
and an Interstate Compact has been requested and refused, the | ||
court may order the
Department of Children and Family Services | ||
to arrange for an assessment of the minor's
proposed living | ||
arrangement and for ongoing monitoring of the health, safety, | ||
and best
interest of the minor and compliance with any order of | ||
protective supervision entered in
accordance with Section | ||
2-24. | ||
(5) Whenever a parent, guardian, or legal custodian files |
a motion for
restoration of custody of the minor, and the minor | ||
was adjudicated
neglected, abused, or dependent as a result of | ||
physical abuse,
the court shall cause to be
made an | ||
investigation as to whether the movant has ever been charged
| ||
with or convicted of any criminal offense which would indicate | ||
the
likelihood of any further physical abuse to the minor. | ||
Evidence of such
criminal convictions shall be taken into | ||
account in determining whether the
minor can be cared for at | ||
home without endangering his or her health or safety
and | ||
fitness of the parent, guardian, or legal custodian.
| ||
(a) Any agency of this State or any subdivision | ||
thereof shall
co-operate with the agent of the court in | ||
providing any information
sought in the investigation.
| ||
(b) The information derived from the investigation and | ||
any
conclusions or recommendations derived from the | ||
information shall be
provided to the parent, guardian, or | ||
legal custodian seeking restoration
of custody prior to | ||
the hearing on fitness and the movant shall have
an | ||
opportunity at the hearing to refute the information or | ||
contest its
significance.
| ||
(c) All information obtained from any investigation | ||
shall be confidential
as provided in Section 5-150 of this | ||
Act.
| ||
(Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17; | ||
100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff. | ||
8-19-18; 101-63, eff. 10-1-19 .)
|
(705 ILCS 405/2-33)
| ||
Sec. 2-33. Supplemental petition to reinstate wardship.
| ||
(1) Any time prior to a minor's 18th birthday, pursuant to | ||
a supplemental
petition filed under this Section, the court | ||
may reinstate wardship and open a
previously closed case when:
| ||
(a) wardship and guardianship under the Juvenile Court | ||
Act of 1987 was
vacated in
conjunction with the | ||
appointment of a private guardian under the Probate Act of
| ||
1975;
| ||
(b) the minor is not presently a ward of the court | ||
under Article II of
this Act nor is there a petition for | ||
adjudication of wardship pending on behalf
of the minor; | ||
and
| ||
(c) it is in the minor's best interest that wardship | ||
be reinstated.
| ||
(2) Any time prior to a minor's 21st birthday, pursuant to | ||
a supplemental petition filed under this Section, the court | ||
may reinstate wardship and open a previously closed case when: | ||
(a) wardship and guardianship under this Act was | ||
vacated pursuant to: | ||
(i) an order entered under subsection (2) of | ||
Section 2-31 in the case of a minor over the age of 18; | ||
(ii) closure of a case under subsection (2) of | ||
Section 2-31 in the case of a minor under the age of 18 | ||
who has been partially or completely emancipated in |
accordance with the Emancipation of Minors Act; or | ||
(iii) an order entered under subsection (3) of | ||
Section 2-31 based on the minor's attaining the age of | ||
19 years before the effective date of this amendatory | ||
Act of the 101st General Assembly; | ||
(b) the minor is not presently a ward of the court | ||
under Article II of this Act nor is there a petition for | ||
adjudication of wardship pending on behalf of the minor; | ||
and | ||
(c) it is in the minor's best interest that wardship | ||
be reinstated. | ||
(3) The supplemental petition must be filed in the same | ||
proceeding in which
the original adjudication order was | ||
entered. Unless excused by court for good
cause shown, the | ||
petitioner shall give notice of the time and place of the
| ||
hearing on the supplemental petition, in person or by mail, to | ||
the minor, if
the
minor is 14 years of age or older, and to the | ||
parties to the juvenile court
proceeding.
Notice shall be | ||
provided at least 3 court days in advance of the hearing
date.
| ||
(3.5) Whenever a petition is filed to reinstate wardship | ||
pursuant to subsection (1), prior to granting the
petition, | ||
the court may order the Department of Children and Family | ||
Services to assess the minor's current
and proposed living | ||
arrangements and to provide ongoing monitoring of the health, | ||
safety, and best interest
of the minor during the pendency of | ||
the petition to assist the court in making that determination. |
(4) A minor who is the subject of a petition to reinstate | ||
wardship under this Section shall be provided with | ||
representation in accordance with Sections 1-5 and 2-17 of | ||
this Act. | ||
(5) Whenever a minor is committed to the Department of | ||
Children and Family Services for care and services following | ||
the reinstatement of wardship under this Section, the | ||
Department shall: | ||
(a) Within 30 days of such commitment, prepare and | ||
file with the court a case plan which complies with the | ||
federal Adoption Assistance and Child Welfare Act of 1980 | ||
and is consistent with the health, safety and best | ||
interests of the minor; and | ||
(b) Promptly refer the minor for such services as are | ||
necessary and consistent with the minor's health, safety | ||
and best interests. | ||
(Source: P.A. 101-78, eff. 7-12-19.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|