Public Act 098-0083
 
SB1213 EnrolledLRB098 02595 RLC 32600 b

    AN ACT concerning the Department of Juvenile Justice.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Employee Indemnification Act is
amended by changing Section 1 as follows:
 
    (5 ILCS 350/1)  (from Ch. 127, par. 1301)
    Sec. 1. Definitions. For the purpose of this Act:
    (a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,
division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher education
created by the State, the Illinois National Guard, the
Comprehensive Health Insurance Board, any poison control
center designated under the Poison Control System Act that
receives State funding, or any other agency or instrumentality
of the State. It does not mean any local public entity as that
term is defined in Section 1-206 of the Local Governmental and
Governmental Employees Tort Immunity Act or a pension fund.
    (b) The term "employee" means any present or former elected
or appointed officer, trustee or employee of the State, or of a
pension fund, any present or former commissioner or employee of
the Executive Ethics Commission or of the Legislative Ethics
Commission, any present or former Executive, Legislative, or
Auditor General's Inspector General, any present or former
employee of an Office of an Executive, Legislative, or Auditor
General's Inspector General, any present or former member of
the Illinois National Guard while on active duty, individuals
or organizations who contract with the Department of
Corrections, the Department of Juvenile Justice, the
Comprehensive Health Insurance Board, or the Department of
Veterans' Affairs to provide services, individuals or
organizations who contract with the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities) to provide services including but
not limited to treatment and other services for sexually
violent persons, individuals or organizations who contract
with the Department of Military Affairs for youth programs,
individuals or organizations who contract to perform carnival
and amusement ride safety inspections for the Department of
Labor, individual representatives of or designated
organizations authorized to represent the Office of State
Long-Term Ombudsman for the Department on Aging, individual
representatives of or organizations designated by the
Department on Aging in the performance of their duties as elder
abuse provider agencies or regional administrative agencies
under the Elder Abuse and Neglect Act, individuals or
organizations who perform volunteer services for the State
where such volunteer relationship is reduced to writing,
individuals who serve on any public entity (whether created by
law or administrative action) described in paragraph (a) of
this Section, individuals or not for profit organizations who,
either as volunteers, where such volunteer relationship is
reduced to writing, or pursuant to contract, furnish
professional advice or consultation to any agency or
instrumentality of the State, individuals who serve as foster
parents for the Department of Children and Family Services when
caring for a Department ward, individuals who serve as members
of an independent team of experts under Brian's Law, and
individuals who serve as arbitrators pursuant to Part 10A of
Article II of the Code of Civil Procedure and the rules of the
Supreme Court implementing Part 10A, each as now or hereafter
amended, but does not mean an independent contractor except as
provided in this Section. The term includes an individual
appointed as an inspector by the Director of State Police when
performing duties within the scope of the activities of a
Metropolitan Enforcement Group or a law enforcement
organization established under the Intergovernmental
Cooperation Act. An individual who renders professional advice
and consultation to the State through an organization which
qualifies as an "employee" under the Act is also an employee.
The term includes the estate or personal representative of an
employee.
    (c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 96-1235, eff. 1-1-11.)
 
    Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 3-28 as follows:
 
    (705 ILCS 405/3-28)  (from Ch. 37, par. 803-28)
    Sec. 3-28. Placement; legal custody or guardianship.
    (1) If the court finds that the parents, guardian or legal
custodian of a minor adjudged a ward of the court are unfit or
are unable, for some reason other than financial circumstances
alone, to care for, protect, train or discipline the minor or
are unwilling to do so, and that appropriate services aimed at
family preservation and family reunification have been
unsuccessful in rectifying the conditions which have led to
such a finding of unfitness or inability to care for, protect,
train or discipline the minor, and that it is in the best
interest of the minor to take him from the custody of his
parents, guardian or custodian, the court may:
        (a) place him in the custody of a suitable relative or
    other person;
        (b) place him under the guardianship of a probation
    officer;
        (c) commit him to an agency for care or placement,
    except an institution under the authority of the Department
    of Juvenile Justice Corrections or of the Department of
    Children and Family Services;
        (d) commit him to some licensed training school or
    industrial school; or
        (e) commit him to any appropriate institution having
    among its purposes the care of delinquent children,
    including a child protective facility maintained by a Child
    Protection District serving the county from which
    commitment is made, but not including any institution under
    the authority of the Department of Juvenile Justice
    Corrections or of the Department of Children and Family
    Services.
    (2) When making such placement, the court, wherever
possible, shall select a person holding the same religious
belief as that of the minor or a private agency controlled by
persons of like religious faith of the minor and shall require
the Department of Children and Family Services to otherwise
comply with Section 7 of the Children and Family Services Act
in placing the child. In addition, whenever alternative plans
for placement are available, the court shall ascertain and
consider, to the extent appropriate in the particular case, the
views and preferences of the minor.
    (3) When a minor is placed with a suitable relative or
other person, the court shall appoint him the legal custodian
or guardian of the person of the minor. When a minor is
committed to any agency, the court shall appoint the proper
officer or representative thereof as legal custodian or
guardian of the person of the minor. Legal custodians and
guardians of the person of the minor have the respective rights
and duties set forth in paragraph (9) of Section 1-3 except as
otherwise provided by order of the court; but no guardian of
the person may consent to adoption of the minor unless that
authority is conferred upon him in accordance with Section
3-30. An agency whose representative is appointed guardian of
the person or legal custodian of the minor may place him in any
child care facility, but such facility must be licensed under
the Child Care Act of 1969 or have been approved by the
Department of Children and Family Services as meeting the
standards established for such licensing. No agency may place
such minor in a child care facility unless such placement is in
compliance with the rules and regulations for placement under
this Section promulgated by the Department of Children and
Family Services under Section 5 of "An Act creating the
Department of Children and Family Services, codifying its
powers and duties, and repealing certain Acts and Sections
herein named". Like authority and restrictions shall be
conferred by the court upon any probation officer who has been
appointed guardian of the person of a minor.
    (4) No placement by any probation officer or agency whose
representative is appointed guardian of the person or legal
custodian of a minor may be made in any out of State child care
facility unless it complies with the Interstate Compact on the
Placement of Children.
    (5) The clerk of the court shall issue to such legal
custodian or guardian of the person a certified copy of the
order of the court, as proof of his authority. No other process
is necessary as authority for the keeping of the minor.
    (6) Custody or guardianship granted hereunder continues
until the court otherwise directs, but not after the minor
reaches the age of 19 years except as set forth in Section
3-32.
(Source: P.A. 89-422.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.