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| Public Act 098-0249 | ||||
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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 Children and Family Services Act is amended | ||||
by changing Section 5 as follows:
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(20 ILCS 505/5) (from Ch. 23, par. 5005)
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Sec. 5. Direct child welfare services; Department of | ||||
Children and Family
Services. To provide direct child welfare | ||||
services when not available
through other public or private | ||||
child care or program facilities.
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(a) For purposes of this Section:
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(1) "Children" means persons found within the State who | ||||
are under the
age of 18 years. The term also includes | ||||
persons under age 21 who:
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(A) were committed to the Department pursuant to | ||||
the
Juvenile Court Act or the Juvenile Court Act of | ||||
1987, as amended, prior to
the age of 18 and who | ||||
continue under the jurisdiction of the court; or
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(B) were accepted for care, service and training by
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the Department prior to the age of 18 and whose best | ||||
interest in the
discretion of the Department would be | ||||
served by continuing that care,
service and training | ||||
because of severe emotional disturbances, physical
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disability, social adjustment or any combination | ||
thereof, or because of the
need to complete an | ||
educational or vocational training program.
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(2) "Homeless youth" means persons found within the
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State who are under the age of 19, are not in a safe and | ||
stable living
situation and cannot be reunited with their | ||
families.
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(3) "Child welfare services" means public social | ||
services which are
directed toward the accomplishment of | ||
the following purposes:
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(A) protecting and promoting the health, safety | ||
and welfare of
children,
including homeless, dependent | ||
or neglected children;
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(B) remedying, or assisting in the solution
of | ||
problems which may result in, the neglect, abuse, | ||
exploitation or
delinquency of children;
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(C) preventing the unnecessary separation of | ||
children
from their families by identifying family | ||
problems, assisting families in
resolving their | ||
problems, and preventing the breakup of the family
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where the prevention of child removal is desirable and | ||
possible when the
child can be cared for at home | ||
without endangering the child's health and
safety;
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(D) restoring to their families children who have | ||
been
removed, by the provision of services to the child | ||
and the families when the
child can be cared for at | ||
home without endangering the child's health and
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safety;
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(E) placing children in suitable adoptive homes, | ||
in
cases where restoration to the biological family is | ||
not safe, possible or
appropriate;
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(F) assuring safe and adequate care of children | ||
away from their
homes, in cases where the child cannot | ||
be returned home or cannot be placed
for adoption. At | ||
the time of placement, the Department shall consider
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concurrent planning,
as described in subsection (l-1) | ||
of this Section so that permanency may
occur at the | ||
earliest opportunity. Consideration should be given so | ||
that if
reunification fails or is delayed, the | ||
placement made is the best available
placement to | ||
provide permanency for the child;
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(G) (blank);
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(H) (blank); and
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(I) placing and maintaining children in facilities | ||
that provide
separate living quarters for children | ||
under the age of 18 and for children
18 years of age | ||
and older, unless a child 18 years of age is in the | ||
last
year of high school education or vocational | ||
training, in an approved
individual or group treatment | ||
program, in a licensed shelter facility,
or secure | ||
child care facility.
The Department is not required to | ||
place or maintain children:
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(i) who are in a foster home, or
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(ii) who are persons with a developmental | ||
disability, as defined in
the Mental
Health and | ||
Developmental Disabilities Code, or
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(iii) who are female children who are | ||
pregnant, pregnant and
parenting or parenting, or
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(iv) who are siblings, in facilities that | ||
provide separate living quarters for children 18
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years of age and older and for children under 18 | ||
years of age.
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(b) Nothing in this Section shall be construed to authorize | ||
the
expenditure of public funds for the purpose of performing | ||
abortions.
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(c) The Department shall establish and maintain | ||
tax-supported child
welfare services and extend and seek to | ||
improve voluntary services
throughout the State, to the end | ||
that services and care shall be available
on an equal basis | ||
throughout the State to children requiring such services.
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(d) The Director may authorize advance disbursements for | ||
any new program
initiative to any agency contracting with the | ||
Department. As a
prerequisite for an advance disbursement, the | ||
contractor must post a
surety bond in the amount of the advance | ||
disbursement and have a
purchase of service contract approved | ||
by the Department. The Department
may pay up to 2 months | ||
operational expenses in advance. The amount of the
advance | ||
disbursement shall be prorated over the life of the contract
or | ||
the remaining months of the fiscal year, whichever is less, and | ||
the
installment amount shall then be deducted from future | ||
bills. Advance
disbursement authorizations for new initiatives | ||
shall not be made to any
agency after that agency has operated | ||
during 2 consecutive fiscal years.
The requirements of this | ||
Section concerning advance disbursements shall
not apply with | ||
respect to the following: payments to local public agencies
for | ||
child day care services as authorized by Section 5a of this | ||
Act; and
youth service programs receiving grant funds under | ||
Section 17a-4.
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(e) (Blank).
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(f) (Blank).
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(g) The Department shall establish rules and regulations | ||
concerning
its operation of programs designed to meet the goals | ||
of child safety and
protection,
family preservation, family | ||
reunification, and adoption, including but not
limited to:
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(1) adoption;
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(2) foster care;
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(3) family counseling;
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(4) protective services;
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(5) (blank);
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(6) homemaker service;
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(7) return of runaway children;
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(8) (blank);
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(9) placement under Section 5-7 of the Juvenile Court | ||
Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | ||
Court Act of 1987 in
accordance with the federal Adoption | ||
Assistance and Child Welfare Act of
1980; and
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(10) interstate services.
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Rules and regulations established by the Department shall | ||
include
provisions for training Department staff and the staff | ||
of Department
grantees, through contracts with other agencies | ||
or resources, in alcohol
and drug abuse screening techniques | ||
approved by the Department of Human
Services, as a successor to | ||
the Department of Alcoholism and Substance Abuse,
for the | ||
purpose of identifying children and adults who
should be | ||
referred to an alcohol and drug abuse treatment program for
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professional evaluation.
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(h) If the Department finds that there is no appropriate | ||
program or
facility within or available to the Department for a | ||
ward and that no
licensed private facility has an adequate and | ||
appropriate program or none
agrees to accept the ward, the | ||
Department shall create an appropriate
individualized, | ||
program-oriented plan for such ward. The
plan may be developed | ||
within the Department or through purchase of services
by the | ||
Department to the extent that it is within its statutory | ||
authority
to do.
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(i) Service programs shall be available throughout the | ||
State and shall
include but not be limited to the following | ||
services:
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(1) case management;
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(2) homemakers;
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(3) counseling;
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(4) parent education;
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(5) day care; and
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(6) emergency assistance and advocacy.
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In addition, the following services may be made available | ||
to assess and
meet the needs of children and families:
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(1) comprehensive family-based services;
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(2) assessments;
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(3) respite care; and
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(4) in-home health services.
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The Department shall provide transportation for any of the | ||
services it
makes available to children or families or for | ||
which it refers children
or families.
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(j) The Department may provide categories of financial | ||
assistance and
education assistance grants, and shall
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establish rules and regulations concerning the assistance and | ||
grants, to
persons who
adopt physically or mentally | ||
handicapped, older and other hard-to-place
children who (i) | ||
immediately prior to their adoption were legal wards of
the | ||
Department
or (ii) were determined eligible for financial | ||
assistance with respect to a
prior adoption and who become | ||
available for adoption because the
prior adoption has been | ||
dissolved and the parental rights of the adoptive
parents have | ||
been
terminated or because the child's adoptive parents have | ||
died.
The Department may continue to provide financial | ||
assistance and education assistance grants for a child who was | ||
determined eligible for financial assistance under this | ||
subsection (j) in the interim period beginning when the child's | ||
adoptive parents died and ending with the finalization of the | ||
new adoption of the child by another adoptive parent or | ||
parents. The Department may also provide categories of | ||
financial
assistance and education assistance grants, and
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shall establish rules and regulations for the assistance and | ||
grants, to persons
appointed guardian of the person under | ||
Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||
4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||
who were wards of the Department for 12 months immediately
| ||
prior to the appointment of the guardian.
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The amount of assistance may vary, depending upon the needs | ||
of the child
and the adoptive parents,
as set forth in the | ||
annual
assistance agreement. Special purpose grants are | ||
allowed where the child
requires special service but such costs | ||
may not exceed the amounts
which similar services would cost | ||
the Department if it were to provide or
secure them as guardian | ||
of the child.
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Any financial assistance provided under this subsection is
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inalienable by assignment, sale, execution, attachment, | ||
garnishment, or any
other remedy for recovery or collection of | ||
a judgment or debt.
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(j-5) The Department shall not deny or delay the placement | ||
of a child for
adoption
if an approved family is available | ||
either outside of the Department region
handling the case,
or | ||
outside of the State of Illinois.
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(k) The Department shall accept for care and training any | ||
child who has
been adjudicated neglected or abused, or | ||
dependent committed to it pursuant
to the Juvenile Court Act or | ||
the Juvenile Court Act of 1987.
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(l) The Department shall
offer family preservation | ||
services, as defined in Section 8.2 of the Abused
and
Neglected | ||
Child
Reporting Act, to help families, including adoptive and | ||
extended families.
Family preservation
services shall be | ||
offered (i) to prevent the
placement
of children in
substitute | ||
care when the children can be cared for at home or in the | ||
custody of
the person
responsible for the children's welfare,
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(ii) to
reunite children with their families, or (iii) to
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maintain an adoptive placement. Family preservation services | ||
shall only be
offered when doing so will not endanger the | ||
children's health or safety. With
respect to children who are | ||
in substitute care pursuant to the Juvenile Court
Act of 1987, | ||
family preservation services shall not be offered if a goal | ||
other
than those of subdivisions (A), (B), or (B-1) of | ||
subsection (2) of Section 2-28
of
that Act has been set.
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Nothing in this paragraph shall be construed to create a | ||
private right of
action or claim on the part of any individual | ||
or child welfare agency, except that when a child is the | ||
subject of an action under Article II of the Juvenile Court Act | ||
of 1987 and the child's service plan calls for services to | ||
facilitate achievement of the permanency goal, the court | ||
hearing the action under Article II of the Juvenile Court Act | ||
of 1987 may order the Department to provide the services set | ||
out in the plan, if those services are not provided with | ||
reasonable promptness and if those services are available.
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The Department shall notify the child and his family of the
| ||
Department's
responsibility to offer and provide family | ||
preservation services as
identified in the service plan. The | ||
child and his family shall be eligible
for services as soon as | ||
the report is determined to be "indicated". The
Department may | ||
offer services to any child or family with respect to whom a
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report of suspected child abuse or neglect has been filed, | ||
prior to
concluding its investigation under Section 7.12 of the | ||
Abused and Neglected
Child Reporting Act. However, the child's | ||
or family's willingness to
accept services shall not be | ||
considered in the investigation. The
Department may also | ||
provide services to any child or family who is the
subject of | ||
any report of suspected child abuse or neglect or may refer | ||
such
child or family to services available from other agencies | ||
in the community,
even if the report is determined to be | ||
unfounded, if the conditions in the
child's or family's home | ||
are reasonably likely to subject the child or
family to future | ||
reports of suspected child abuse or neglect. Acceptance
of such | ||
services shall be voluntary. The Department may also provide | ||
services to any child or family after completion of a family | ||
assessment, as an alternative to an investigation, as provided | ||
under the "differential response program" provided for in | ||
subsection (a-5) of Section 7.4 of the Abused and Neglected | ||
Child Reporting Act.
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The Department may, at its discretion except for those | ||
children also
adjudicated neglected or dependent, accept for | ||
care and training any child
who has been adjudicated addicted, | ||
as a truant minor in need of
supervision or as a minor | ||
requiring authoritative intervention, under the
Juvenile Court | ||
Act or the Juvenile Court Act of 1987, but no such child
shall | ||
be committed to the Department by any court without the | ||
approval of
the Department. 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 by any court, except | ||
(i) a minor less than 15 years
of age committed to the | ||
Department under Section 5-710 of the Juvenile Court
Act
of | ||
1987, (ii) a minor for whom an independent basis of abuse, | ||
neglect, or dependency exists, which must be defined by | ||
departmental rule, or (iii) a minor for whom the court has | ||
granted a supplemental petition to reinstate wardship pursuant | ||
to subsection (2) of Section 2-33 of the Juvenile Court Act of | ||
1987. 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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As soon as is possible after August 7, 2009 (the effective | ||
date of Public Act 96-134), the Department shall develop and | ||
implement a special program of family preservation services to | ||
support intact, foster, and adoptive families who are | ||
experiencing extreme hardships due to the difficulty and stress | ||
of caring for a child who has been diagnosed with a pervasive | ||
developmental disorder if the Department determines that those | ||
services are necessary to ensure the health and safety of the | ||
child. The Department may offer services to any family whether | ||
or not a report has been filed under the Abused and Neglected | ||
Child Reporting Act. The Department may refer the child or | ||
family to services available from other agencies in the | ||
community if the conditions in the child's or family's home are | ||
reasonably likely to subject the child or family to future | ||
reports of suspected child abuse or neglect. Acceptance of | ||
these services shall be voluntary. The Department shall develop | ||
and implement a public information campaign to alert health and | ||
social service providers and the general public about these | ||
special family preservation services. The nature and scope of | ||
the services offered and the number of families served under | ||
the special program implemented under this paragraph shall be | ||
determined by the level of funding that the Department annually | ||
allocates for this purpose. The term "pervasive developmental | ||
disorder" under this paragraph means a neurological condition, | ||
including but not limited to, Asperger's Syndrome and autism, | ||
as defined in the most recent edition of the Diagnostic and | ||
Statistical Manual of Mental Disorders of the American | ||
Psychiatric Association. | ||
(l-1) The legislature recognizes that the best interests of | ||
the child
require that
the child be placed in the most | ||
permanent living arrangement as soon as is
practically
| ||
possible. To achieve this goal, the legislature directs the | ||
Department of
Children and
Family Services to conduct | ||
concurrent planning so that permanency may occur at
the
| ||
earliest opportunity. Permanent living arrangements may | ||
include prevention of
placement of a child outside the home of | ||
the family when the child can be cared
for at
home without | ||
endangering the child's health or safety; reunification with | ||
the
family,
when safe and appropriate, if temporary placement | ||
is necessary; or movement of
the child
toward the most | ||
permanent living arrangement and permanent legal status.
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When determining reasonable efforts to be made with respect | ||
to a child, as
described in this
subsection, and in making such | ||
reasonable efforts, the child's health and
safety shall be the
| ||
paramount concern.
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When a child is placed in foster care, the Department shall | ||
ensure and
document that reasonable efforts were made to | ||
prevent or eliminate the need to
remove the child from the | ||
child's home. The Department must make
reasonable efforts to | ||
reunify the family when temporary placement of the child
occurs
| ||
unless otherwise required, pursuant to the Juvenile Court Act | ||
of 1987.
At any time after the dispositional hearing where the | ||
Department believes
that further reunification services would | ||
be ineffective, it may request a
finding from the court that | ||
reasonable efforts are no longer appropriate. The
Department is | ||
not required to provide further reunification services after | ||
such
a
finding.
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A decision to place a child in substitute care shall be | ||
made with
considerations of the child's health, safety, and | ||
best interests. At the
time of placement, consideration should | ||
also be given so that if reunification
fails or is delayed, the | ||
placement made is the best available placement to
provide | ||
permanency for the child.
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The Department shall adopt rules addressing concurrent | ||
planning for
reunification and permanency. The Department | ||
shall consider the following
factors when determining | ||
appropriateness of concurrent planning:
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(1) the likelihood of prompt reunification;
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(2) the past history of the family;
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(3) the barriers to reunification being addressed by | ||
the family;
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(4) the level of cooperation of the family;
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(5) the foster parents' willingness to work with the | ||
family to reunite;
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(6) the willingness and ability of the foster family to | ||
provide an
adoptive
home or long-term placement;
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(7) the age of the child;
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(8) placement of siblings.
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(m) The Department may assume temporary custody of any | ||
child if:
| ||
(1) it has received a written consent to such temporary | ||
custody
signed by the parents of the child or by the parent | ||
having custody of the
child if the parents are not living | ||
together or by the guardian or
custodian of the child if | ||
the child is not in the custody of either
parent, or
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(2) the child is found in the State and neither a | ||
parent,
guardian nor custodian of the child can be located.
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If the child is found in his or her residence without a parent, | ||
guardian,
custodian or responsible caretaker, the Department | ||
may, instead of removing
the child and assuming temporary | ||
custody, place an authorized
representative of the Department | ||
in that residence until such time as a
parent, guardian or | ||
custodian enters the home and expresses a willingness
and | ||
apparent ability to ensure the child's health and safety and | ||
resume
permanent
charge of the child, or until a
relative | ||
enters the home and is willing and able to ensure the child's | ||
health
and
safety and assume charge of the
child until a | ||
parent, guardian or custodian enters the home and expresses
| ||
such willingness and ability to ensure the child's safety and | ||
resume
permanent charge. After a caretaker has remained in the | ||
home for a period not
to exceed 12 hours, the Department must | ||
follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||
5-415 of the Juvenile Court Act
of 1987.
| ||
The Department shall have the authority, responsibilities | ||
and duties that
a legal custodian of the child would have | ||
pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||
Act of 1987. Whenever a child is taken
into temporary custody | ||
pursuant to an investigation under the Abused and
Neglected | ||
Child Reporting Act, or pursuant to a referral and acceptance
| ||
under the Juvenile Court Act of 1987 of a minor in limited | ||
custody, the
Department, during the period of temporary custody | ||
and before the child
is brought before a judicial officer as | ||
required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||
Court Act of 1987, shall have
the authority, responsibilities | ||
and duties that a legal custodian of the child
would have under | ||
subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||
1987.
| ||
The Department shall ensure that any child taken into | ||
custody
is scheduled for an appointment for a medical | ||
examination.
| ||
A parent, guardian or custodian of a child in the temporary | ||
custody of the
Department who would have custody of the child | ||
if he were not in the
temporary custody of the Department may | ||
deliver to the Department a signed
request that the Department | ||
surrender the temporary custody of the child.
The Department | ||
may retain temporary custody of the child for 10 days after
the | ||
receipt of the request, during which period the Department may | ||
cause to
be filed a petition pursuant to the Juvenile Court Act | ||
of 1987. If a
petition is so filed, the Department shall retain | ||
temporary custody of the
child until the court orders | ||
otherwise. If a petition is not filed within
the 10 day period, | ||
the child shall be surrendered to the custody of the
requesting | ||
parent, guardian or custodian not later than the expiration of
| ||
the 10 day period, at which time the authority and duties of | ||
the Department
with respect to the temporary custody of the | ||
child shall terminate.
| ||
(m-1) The Department may place children under 18 years of | ||
age in a secure
child care facility licensed by the Department | ||
that cares for children who are
in need of secure living | ||
arrangements for their health, safety, and well-being
after a | ||
determination is made by the facility director and the Director | ||
or the
Director's designate prior to admission to the facility | ||
subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||
This subsection (m-1) does not apply
to a child who is subject | ||
to placement in a correctional facility operated
pursuant to | ||
Section 3-15-2 of the Unified Code of Corrections, unless the
| ||
child is a ward who was placed under the care of the Department | ||
before being
subject to placement in a correctional facility | ||
and a court of competent
jurisdiction has ordered placement of | ||
the child in a secure care facility.
| ||
(n) The Department may place children under 18 years of age | ||
in
licensed child care facilities when in the opinion of the | ||
Department,
appropriate services aimed at family preservation | ||
have been unsuccessful and
cannot ensure the child's health and | ||
safety or are unavailable and such
placement would be for their | ||
best interest. Payment
for board, clothing, care, training and | ||
supervision of any child placed in
a licensed child care | ||
facility may be made by the Department, by the
parents or | ||
guardians of the estates of those children, or by both the
| ||
Department and the parents or guardians, except that no | ||
payments shall be
made by the Department for any child placed | ||
in a licensed child care
facility for board, clothing, care, | ||
training and supervision of such a
child that exceed the | ||
average per capita cost of maintaining and of caring
for a | ||
child in institutions for dependent or neglected children | ||
operated by
the Department. However, such restriction on | ||
payments does not apply in
cases where children require | ||
specialized care and treatment for problems of
severe emotional | ||
disturbance, physical disability, social adjustment, or
any | ||
combination thereof and suitable facilities for the placement | ||
of such
children are not available at payment rates within the | ||
limitations set
forth in this Section. All reimbursements for | ||
services delivered shall be
absolutely inalienable by | ||
assignment, sale, attachment, garnishment or
otherwise.
| ||
(n-1) The Department shall provide or authorize child | ||
welfare services, aimed at assisting minors to achieve | ||
sustainable self-sufficiency as independent adults, for any | ||
minor eligible for the reinstatement of wardship pursuant to | ||
subsection (2) of Section 2-33 of the Juvenile Court Act of | ||
1987, whether or not such reinstatement is sought or allowed, | ||
provided that the minor consents to such services and has not | ||
yet attained the age of 21. The Department shall have | ||
responsibility for the development and delivery of services | ||
under this Section. An eligible youth may access services under | ||
this Section through the Department of Children and Family | ||
Services or by referral from the Department of Human Services. | ||
Youth participating in services under this Section shall | ||
cooperate with the assigned case manager in developing an | ||
agreement identifying the services to be provided and how the | ||
youth will increase skills to achieve self-sufficiency. A | ||
homeless shelter is not considered appropriate housing for any | ||
youth receiving child welfare services under this Section. The | ||
Department shall continue child welfare services under this | ||
Section to any eligible minor until the minor becomes 21 years | ||
of age, no longer consents to participate, or achieves | ||
self-sufficiency as identified in the minor's service plan. The | ||
Department of Children and Family Services shall create clear, | ||
readable notice of the rights of former foster youth to child | ||
welfare services under this Section and how such services may | ||
be obtained. The Department of Children and Family Services and | ||
the Department of Human Services shall disseminate this | ||
information statewide. The Department shall adopt regulations | ||
describing services intended to assist minors in achieving | ||
sustainable self-sufficiency as independent adults. | ||
(o) The Department shall establish an administrative | ||
review and appeal
process for children and families who request | ||
or receive child welfare
services from the Department. Children | ||
who are wards of the Department and
are placed by private child | ||
welfare agencies, and foster families with whom
those children | ||
are placed, shall be afforded the same procedural and appeal
| ||
rights as children and families in the case of placement by the | ||
Department,
including the right to an initial review of a | ||
private agency decision by
that agency. The Department shall | ||
insure that any private child welfare
agency, which accepts | ||
wards of the Department for placement, affords those
rights to | ||
children and foster families. The Department shall accept for
| ||
administrative review and an appeal hearing a complaint made by | ||
(i) a child
or foster family concerning a decision following an | ||
initial review by a
private child welfare agency or (ii) a | ||
prospective adoptive parent who alleges
a violation of | ||
subsection (j-5) of this Section. An appeal of a decision
| ||
concerning a change in the placement of a child shall be | ||
conducted in an
expedited manner. A court determination that a | ||
current foster home placement is necessary and appropriate | ||
under Section 2-28 of the Juvenile Court Act of 1987 does not | ||
constitute a judicial determination on the merits of an | ||
administrative appeal, filed by a former foster parent, | ||
involving a change of placement decision.
| ||
(p) There is hereby created the Department of Children and | ||
Family
Services Emergency Assistance Fund from which the | ||
Department may provide
special financial assistance to | ||
families which are in economic crisis when
such assistance is | ||
not available through other public or private sources
and the | ||
assistance is deemed necessary to prevent dissolution of the | ||
family
unit or to reunite families which have been separated | ||
due to child abuse and
neglect. The Department shall establish | ||
administrative rules specifying
the criteria for determining | ||
eligibility for and the amount and nature of
assistance to be | ||
provided. The Department may also enter into written
agreements | ||
with private and public social service agencies to provide
| ||
emergency financial services to families referred by the | ||
Department.
Special financial assistance payments shall be | ||
available to a family no
more than once during each fiscal year | ||
and the total payments to a
family may not exceed $500 during a | ||
fiscal year.
| ||
(q) The Department may receive and use, in their entirety, | ||
for the
benefit of children any gift, donation or bequest of | ||
money or other
property which is received on behalf of such | ||
children, or any financial
benefits to which such children are | ||
or may become entitled while under
the jurisdiction or care of | ||
the Department.
| ||
The Department shall set up and administer no-cost, | ||
interest-bearing accounts in appropriate financial | ||
institutions
for children for whom the Department is legally | ||
responsible and who have been
determined eligible for Veterans' | ||
Benefits, Social Security benefits,
assistance allotments from | ||
the armed forces, court ordered payments, parental
voluntary | ||
payments, Supplemental Security Income, Railroad Retirement
| ||
payments, Black Lung benefits, or other miscellaneous | ||
payments. Interest
earned by each account shall be credited to | ||
the account, unless
disbursed in accordance with this | ||
subsection.
| ||
In disbursing funds from children's accounts, the | ||
Department
shall:
| ||
(1) Establish standards in accordance with State and | ||
federal laws for
disbursing money from children's | ||
accounts. In all
circumstances,
the Department's | ||
"Guardianship Administrator" or his or her designee must
| ||
approve disbursements from children's accounts. The | ||
Department
shall be responsible for keeping complete | ||
records of all disbursements for each account for any | ||
purpose.
| ||
(2) Calculate on a monthly basis the amounts paid from | ||
State funds for the
child's board and care, medical care | ||
not covered under Medicaid, and social
services; and | ||
utilize funds from the child's account, as
covered by | ||
regulation, to reimburse those costs. Monthly, | ||
disbursements from
all children's accounts, up to 1/12 of | ||
$13,000,000, shall be
deposited by the Department into the | ||
General Revenue Fund and the balance over
1/12 of | ||
$13,000,000 into the DCFS Children's Services Fund.
| ||
(3) Maintain any balance remaining after reimbursing | ||
for the child's costs
of care, as specified in item (2). | ||
The balance shall accumulate in accordance
with relevant | ||
State and federal laws and shall be disbursed to the child | ||
or his
or her guardian, or to the issuing agency.
| ||
(r) The Department shall promulgate regulations | ||
encouraging all adoption
agencies to voluntarily forward to the | ||
Department or its agent names and
addresses of all persons who | ||
have applied for and have been approved for
adoption of a | ||
hard-to-place or handicapped child and the names of such
| ||
children who have not been placed for adoption. A list of such | ||
names and
addresses shall be maintained by the Department or | ||
its agent, and coded
lists which maintain the confidentiality | ||
of the person seeking to adopt the
child and of the child shall | ||
be made available, without charge, to every
adoption agency in | ||
the State to assist the agencies in placing such
children for | ||
adoption. The Department may delegate to an agent its duty to
| ||
maintain and make available such lists. The Department shall | ||
ensure that
such agent maintains the confidentiality of the | ||
person seeking to adopt the
child and of the child.
| ||
(s) The Department of Children and Family Services may | ||
establish and
implement a program to reimburse Department and | ||
private child welfare
agency foster parents licensed by the | ||
Department of Children and Family
Services for damages | ||
sustained by the foster parents as a result of the
malicious or | ||
negligent acts of foster children, as well as providing third
| ||
party coverage for such foster parents with regard to actions | ||
of foster
children to other individuals. Such coverage will be | ||
secondary to the
foster parent liability insurance policy, if | ||
applicable. The program shall
be funded through appropriations | ||
from the General Revenue Fund,
specifically designated for such | ||
purposes.
| ||
(t) The Department shall perform home studies and | ||
investigations and
shall exercise supervision over visitation | ||
as ordered by a court pursuant
to the Illinois Marriage and | ||
Dissolution of Marriage Act or the Adoption
Act only if:
| ||
(1) an order entered by an Illinois court specifically
| ||
directs the Department to perform such services; and
| ||
(2) the court has ordered one or both of the parties to
| ||
the proceeding to reimburse the Department for its | ||
reasonable costs for
providing such services in accordance | ||
with Department rules, or has
determined that neither party | ||
is financially able to pay.
| ||
The Department shall provide written notification to the | ||
court of the
specific arrangements for supervised visitation | ||
and projected monthly costs
within 60 days of the court order. | ||
The Department shall send to the court
information related to | ||
the costs incurred except in cases where the court
has | ||
determined the parties are financially unable to pay. The court | ||
may
order additional periodic reports as appropriate.
| ||
(u) In addition to other information that must be provided, | ||
whenever the Department places a child with a prospective | ||
adoptive parent or parents or in a licensed foster home,
group | ||
home, child care institution, or in a relative home, the | ||
Department
shall provide to the prospective adoptive parent or | ||
parents or other caretaker:
| ||
(1) available detailed information concerning the | ||
child's educational
and health history, copies of | ||
immunization records (including insurance
and medical card | ||
information), a history of the child's previous | ||
placements,
if any, and reasons for placement changes | ||
excluding any information that
identifies or reveals the | ||
location of any previous caretaker;
| ||
(2) a copy of the child's portion of the client service | ||
plan, including
any visitation arrangement, and all | ||
amendments or revisions to it as
related to the child; and
| ||
(3) information containing details of the child's | ||
individualized
educational plan when the child is | ||
receiving special education services.
| ||
The caretaker shall be informed of any known social or | ||
behavioral
information (including, but not limited to, | ||
criminal background, fire
setting, perpetuation of
sexual | ||
abuse, destructive behavior, and substance abuse) necessary to | ||
care
for and safeguard the children to be placed or currently | ||
in the home. The Department may prepare a written summary of | ||
the information required by this paragraph, which may be | ||
provided to the foster or prospective adoptive parent in | ||
advance of a placement. The foster or prospective adoptive | ||
parent may review the supporting documents in the child's file | ||
in the presence of casework staff. In the case of an emergency | ||
placement, casework staff shall at least provide known | ||
information verbally, if necessary, and must subsequently | ||
provide the information in writing as required by this | ||
subsection.
| ||
The information described in this subsection shall be | ||
provided in writing. In the case of emergency placements when | ||
time does not allow prior review, preparation, and collection | ||
of written information, the Department shall provide such | ||
information as it becomes available. Within 10 business days | ||
after placement, the Department shall obtain from the | ||
prospective adoptive parent or parents or other caretaker a | ||
signed verification of receipt of the information provided. | ||
Within 10 business days after placement, the Department shall | ||
provide to the child's guardian ad litem a copy of the | ||
information provided to the prospective adoptive parent or | ||
parents or other caretaker. The information provided to the | ||
prospective adoptive parent or parents or other caretaker shall | ||
be reviewed and approved regarding accuracy at the supervisory | ||
level.
| ||
(u-5) Effective July 1, 1995, only foster care placements | ||
licensed as
foster family homes pursuant to the Child Care Act | ||
of 1969 shall be eligible to
receive foster care payments from | ||
the Department.
Relative caregivers who, as of July 1, 1995, | ||
were approved pursuant to approved
relative placement rules | ||
previously promulgated by the Department at 89 Ill.
Adm. Code | ||
335 and had submitted an application for licensure as a foster | ||
family
home may continue to receive foster care payments only | ||
until the Department
determines that they may be licensed as a | ||
foster family home or that their
application for licensure is | ||
denied or until September 30, 1995, whichever
occurs first.
| ||
(v) The Department shall access criminal history record | ||
information
as defined in the Illinois Uniform Conviction | ||
Information Act and information
maintained in the adjudicatory | ||
and dispositional record system as defined in
Section 2605-355 | ||
of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||
if the Department determines the information is necessary to | ||
perform its duties
under the Abused and Neglected Child | ||
Reporting Act, the Child Care Act of 1969,
and the Children and | ||
Family Services Act. The Department shall provide for
| ||
interactive computerized communication and processing | ||
equipment that permits
direct on-line communication with the | ||
Department of State Police's central
criminal history data | ||
repository. The Department shall comply with all
certification | ||
requirements and provide certified operators who have been
| ||
trained by personnel from the Department of State Police. In | ||
addition, one
Office of the Inspector General investigator | ||
shall have training in the use of
the criminal history | ||
information access system and have
access to the terminal. The | ||
Department of Children and Family Services and its
employees | ||
shall abide by rules and regulations established by the | ||
Department of
State Police relating to the access and | ||
dissemination of
this information.
| ||
(v-1) Prior to final approval for placement of a child, the | ||
Department shall conduct a criminal records background check of | ||
the prospective foster or adoptive parent, including | ||
fingerprint-based checks of national crime information | ||
databases. Final approval for placement shall not be granted if | ||
the record check reveals a felony conviction for child abuse or | ||
neglect, for spousal abuse, for a crime against children, or | ||
for a crime involving violence, including rape, sexual assault, | ||
or homicide, but not including other physical assault or | ||
battery, or if there is a felony conviction for physical | ||
assault, battery, or a drug-related offense committed within | ||
the past 5 years. | ||
(v-2) Prior to final approval for placement of a child, the | ||
Department shall check its child abuse and neglect registry for | ||
information concerning prospective foster and adoptive | ||
parents, and any adult living in the home. If any prospective | ||
foster or adoptive parent or other adult living in the home has | ||
resided in another state in the preceding 5 years, the | ||
Department shall request a check of that other state's child | ||
abuse and neglect registry.
| ||
(w) Within 120 days of August 20, 1995 (the effective date | ||
of Public Act
89-392), the Department shall prepare and submit | ||
to the Governor and the
General Assembly, a written plan for | ||
the development of in-state licensed
secure child care | ||
facilities that care for children who are in need of secure
| ||
living
arrangements for their health, safety, and well-being. | ||
For purposes of this
subsection, secure care facility shall | ||
mean a facility that is designed and
operated to ensure that | ||
all entrances and exits from the facility, a building
or a | ||
distinct part of the building, are under the exclusive control | ||
of the
staff of the facility, whether or not the child has the | ||
freedom of movement
within the perimeter of the facility, | ||
building, or distinct part of the
building. The plan shall | ||
include descriptions of the types of facilities that
are needed | ||
in Illinois; the cost of developing these secure care | ||
facilities;
the estimated number of placements; the potential | ||
cost savings resulting from
the movement of children currently | ||
out-of-state who are projected to be
returned to Illinois; the | ||
necessary geographic distribution of these
facilities in | ||
Illinois; and a proposed timetable for development of such
| ||
facilities. | ||
(x) The Department shall conduct annual credit history | ||
checks to determine the financial history of children placed | ||
under its guardianship pursuant to the Juvenile Court Act of | ||
1987. The Department shall conduct such credit checks starting | ||
when a ward turns 12 years old and each year thereafter for the | ||
duration of the guardianship as terminated pursuant to the | ||
Juvenile Court Act of 1987. The Department shall determine if | ||
financial exploitation of the child's personal information has | ||
occurred. If financial exploitation appears to have taken place | ||
or is presently ongoing, the Department shall notify the proper | ||
law enforcement agency, the proper State's Attorney, or the | ||
Attorney General. | ||
(y) Beginning on the effective date of this amendatory Act | ||
of the 96th General Assembly, a child with a disability who | ||
receives residential and educational services from the | ||
Department shall be eligible to receive transition services in | ||
accordance with Article 14 of the School Code from the age of | ||
14.5 through age 21, inclusive, notwithstanding the child's | ||
residential services arrangement. For purposes of this | ||
subsection, "child with a disability" means a child with a | ||
disability as defined by the federal Individuals with | ||
Disabilities Education Improvement Act of 2004. | ||
(Source: P.A. 96-134, eff. 8-7-09; 96-581, eff. 1-1-10; 96-600, | ||
eff. 8-21-09; 96-619, eff. 1-1-10; 96-760, eff. 1-1-10; | ||
96-1000, eff. 7-2-10; 96-1189, eff. 7-22-10; 97-1150, eff. | ||
1-25-13.) | ||
Section 10. The Juvenile Court Act of 1987 is amended by | ||
changing Sections 1-3 and 1-5 as follows:
| ||
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
| ||
Sec. 1-3. Definitions. Terms used in this Act, unless the | ||
context
otherwise requires, have the following meanings | ||
ascribed to them:
| ||
(1) "Adjudicatory hearing" means a hearing to
determine | ||
whether the allegations of a petition under Section 2-13, 3-15 | ||
or
4-12 that a minor under 18 years of age is abused, neglected | ||
or dependent, or
requires authoritative intervention, or | ||
addicted, respectively, are supported
by a preponderance of the | ||
evidence or whether the allegations of a petition
under Section | ||
5-520 that a minor is delinquent are proved beyond a reasonable
| ||
doubt.
| ||
(2) "Adult" means a person 21 years of age or older.
| ||
(3) "Agency" means a public or private child care facility
| ||
legally authorized or licensed by this State for placement or | ||
institutional
care or for both placement and institutional | ||
care.
| ||
(4) "Association" means any organization, public or
| ||
private, engaged in welfare functions which include services to | ||
or on behalf of
children but does not include "agency" as | ||
herein defined.
| ||
(4.05) Whenever a "best interest" determination is
| ||
required, the following factors shall be considered in the | ||
context of the
child's age and developmental needs:
| ||
(a) the physical safety and welfare of the child, | ||
including food, shelter,
health, and clothing;
| ||
(b) the development of the child's identity;
| ||
(c) the child's background and ties, including | ||
familial,
cultural, and religious;
| ||
(d) the child's sense of attachments, including:
| ||
(i) where the child actually feels love, | ||
attachment, and a sense of
being valued (as opposed to | ||
where adults believe the child should
feel such love, | ||
attachment, and a sense of being valued);
| ||
(ii) the child's sense of security;
| ||
(iii) the child's sense of familiarity;
| ||
(iv) continuity of affection for the child;
| ||
(v) the least disruptive placement alternative for | ||
the child;
| ||
(e) the child's wishes and long-term goals;
| ||
(f) the child's community ties, including church, | ||
school, and friends;
| ||
(g) the child's need for permanence which includes the | ||
child's need for
stability and continuity of relationships | ||
with parent figures and with siblings
and other relatives;
| ||
(h) the uniqueness of every family and child;
| ||
(i) the risks attendant to entering and being in | ||
substitute care; and
| ||
(j) the preferences of the persons available to care | ||
for the child.
| ||
(4.1) "Chronic truant" shall have the definition
ascribed | ||
to it in Section 26-2a of the School Code.
| ||
(5) "Court" means the circuit court in a session or | ||
division
assigned to hear proceedings under this Act.
| ||
(6) "Dispositional hearing" means a hearing to
determine | ||
whether a minor should be adjudged to be a ward of the court, | ||
and to
determine what order of disposition should be made in | ||
respect to a minor
adjudged to be a ward of the court.
| ||
(7) "Emancipated minor" means any minor 16 years of age or | ||
over who has
been completely or partially emancipated under the | ||
Emancipation of
Minors Act or
under this Act.
| ||
(7.05) "Foster parent" includes a relative caregiver | ||
selected by the Department of Children and Family Services to | ||
provide care for the minor. | ||
(8) "Guardianship of the person" of a minor
means the duty | ||
and authority to act in the best interests of the minor, | ||
subject
to residual parental rights and responsibilities, to | ||
make important decisions
in matters having a permanent effect | ||
on the life and development of the minor
and to be concerned | ||
with his or her general welfare. It includes but is not
| ||
necessarily limited to:
| ||
(a) the authority to consent to marriage, to enlistment | ||
in the armed
forces of the United States, or to a major | ||
medical, psychiatric, and
surgical treatment; to represent | ||
the minor in legal actions; and to make
other decisions of | ||
substantial legal significance concerning the minor;
| ||
(b) the authority and duty of reasonable visitation, | ||
except to the
extent that these have been limited in the | ||
best interests of the minor by
court order;
| ||
(c) the rights and responsibilities of legal custody | ||
except where legal
custody has been vested in another | ||
person or agency; and
| ||
(d) the power to consent to the adoption of the minor, | ||
but only if
expressly conferred on the guardian in | ||
accordance with Section 2-29, 3-30, or
4-27.
| ||
(9) "Legal custody" means the relationship created by an
| ||
order of court in the best interests of the minor which imposes | ||
on the
custodian the responsibility of physical possession of a | ||
minor and the duty to
protect, train and discipline him and to | ||
provide him with food, shelter,
education and ordinary medical | ||
care, except as these are limited by residual
parental rights | ||
and responsibilities and the rights and responsibilities of the
| ||
guardian of the person, if any.
| ||
(9.1) "Mentally capable adult relative" means a person 21 | ||
years of age or older who is not suffering from a mental | ||
illness that prevents him or her from providing the care | ||
necessary to safeguard the physical safety and welfare of a | ||
minor who is left in that person's care by the parent or | ||
parents or other person responsible for the minor's welfare. | ||
(10) "Minor" means a person under the age of 21 years | ||
subject to
this Act.
| ||
(11) "Parent" means the father or mother of a child and
| ||
includes any adoptive parent. It also includes a man (i)
whose | ||
paternity
is presumed or has been established under the law of | ||
this or another
jurisdiction or (ii) who has registered with | ||
the Putative Father Registry in
accordance with Section 12.1 of | ||
the Adoption Act and whose paternity has not
been ruled out | ||
under the law of this or another jurisdiction. It does not
| ||
include a
parent whose rights in respect to the
minor have been | ||
terminated in any manner provided by law. It does not include a | ||
person who has been or could be determined to be a parent under | ||
the Illinois Parentage Act of 1984, or similar parentage law in | ||
any other state, if that person has been convicted of or pled | ||
nolo contendere to a crime that resulted in the conception of | ||
the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11, | ||
12-13, 12-14, 12-14.1, subsection (a) or (b) (but not | ||
subsection (c)) of Section 11-1.50 or 12-15, or subsection (a), | ||
(b), (c), (e), or (f) (but not subsection (d)) of Section | ||
11-1.60 or 12-16 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or similar statute in another jurisdiction unless | ||
upon motion of any party, other than the offender, to the | ||
juvenile court proceedings the court finds it is in the child's | ||
best interest to deem the offender a parent for purposes of the | ||
juvenile court proceedings.
| ||
(11.1) "Permanency goal" means a goal set by the court as | ||
defined in
subdivision (2) of Section 2-28.
| ||
(11.2) "Permanency hearing" means a hearing to set the | ||
permanency goal and
to review and determine (i) the | ||
appropriateness of the services contained in
the plan and | ||
whether those services have been provided, (ii) whether | ||
reasonable
efforts have been made by all the parties to the | ||
service plan to achieve the
goal, and (iii) whether the plan | ||
and goal have been achieved.
| ||
(12) "Petition" means the petition provided for in Section
| ||
2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | ||
thereunder
in Section 3-15, 4-12 or 5-520.
| ||
(12.1) "Physically capable adult relative" means a person | ||
21 years of age or older who does not have a severe physical | ||
disability or medical condition, or is not suffering from | ||
alcoholism or drug addiction, that prevents him or her from | ||
providing the care necessary to safeguard the physical safety | ||
and welfare of a minor who is left in that person's care by the | ||
parent or parents or other person responsible for the minor's | ||
welfare. | ||
(12.2) "Post Permanency Sibling Contact Agreement" has the | ||
meaning ascribed to the term in Section 7.4 of the Children and | ||
Family Services Act. | ||
(13) "Residual parental
rights and responsibilities" means | ||
those rights and responsibilities remaining
with the parent | ||
after the transfer of legal custody or guardianship of the
| ||
person, including, but not necessarily limited to, the right to | ||
reasonable
visitation (which may be limited by the court in the | ||
best interests of the
minor as provided in subsection (8)(b) of | ||
this Section), the right to consent
to adoption, the right to | ||
determine the minor's religious affiliation, and the
| ||
responsibility for his support.
| ||
(14) "Shelter" means the temporary care of a minor in
| ||
physically unrestricting facilities pending court disposition | ||
or execution of
court order for placement.
| ||
(14.1) "Sibling Contact Support Plan" has the meaning | ||
ascribed to the term in Section 7.4 of the Children and Family | ||
Services Act. | ||
(15) "Station adjustment" means the informal
handling of an | ||
alleged offender by a juvenile police officer.
| ||
(16) "Ward of the court" means a minor who is so
adjudged | ||
under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
| ||
requisite jurisdictional facts, and thus is subject to the | ||
dispositional powers
of the court under this Act.
| ||
(17) "Juvenile police officer" means a sworn
police officer | ||
who has completed a Basic Recruit Training Course, has been
| ||
assigned to the position of juvenile police officer by his or | ||
her chief law
enforcement officer and has completed the | ||
necessary juvenile officers training
as prescribed by the | ||
Illinois Law Enforcement Training Standards Board, or in
the | ||
case of a State police officer, juvenile officer
training | ||
approved by the Director of the Department of State Police.
| ||
(18) "Secure child care facility" means any child care | ||
facility licensed
by the Department of Children and Family | ||
Services to provide secure living
arrangements for children | ||
under 18 years of age who are subject to placement in
| ||
facilities under the Children and Family Services Act and who | ||
are not subject
to placement in facilities for whom standards | ||
are established by the Department
of Corrections under Section | ||
3-15-2 of the Unified Code of Corrections.
"Secure child care | ||
facility" also means a
facility that is designed and operated | ||
to ensure that all entrances and
exits
from the facility, a | ||
building, or a distinct part of the building are under the
| ||
exclusive control of the staff of the facility, whether or not | ||
the child has
the freedom of movement within the perimeter of | ||
the facility, building, or
distinct part of the building.
| ||
(Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11; | ||
97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13.)
| ||
(705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
| ||
Sec. 1-5. Rights of parties to proceedings.
| ||
(1) Except as provided in this Section and paragraph (2) of | ||
Sections
2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is the | ||
subject of the
proceeding
and his parents, guardian, legal | ||
custodian or responsible relative who are
parties respondent | ||
have the right to be present, to be heard, to present
evidence | ||
material to the proceedings, to cross-examine witnesses, to
| ||
examine pertinent court files and records and also, although | ||
proceedings
under this Act are not intended to be adversary in | ||
character, the right to
be represented by counsel. At the | ||
request of any party financially unable
to employ counsel, with | ||
the exception of a foster parent permitted to
intervene under | ||
this Section, the court shall appoint the Public Defender or
| ||
such other counsel as the case may require.
Counsel appointed | ||
for the minor and any indigent party shall appear at all
stages | ||
of the trial court proceeding, and such appointment shall | ||
continue
through the permanency hearings and
termination of | ||
parental rights proceedings subject to withdrawal or
| ||
substitution pursuant to Supreme Court Rules or the Code of | ||
Civil Procedure.
Following the dispositional hearing, the | ||
court may require appointed counsel,
other than counsel for the | ||
minor or counsel for the guardian ad litem,
to withdraw his or | ||
her appearance upon failure of the party for whom counsel
was | ||
appointed under this Section to attend any subsequent | ||
proceedings.
| ||
No hearing on any petition or motion filed under this Act | ||
may be
commenced unless
the minor who is the subject of the | ||
proceeding is represented by counsel.
Notwithstanding the | ||
preceding sentence, if a guardian ad litem has been
appointed | ||
for the minor under Section 2-17 of this
Act and the guardian | ||
ad litem is a licensed attorney at law of this State, or
in the | ||
event that a court appointed special advocate has been | ||
appointed as
guardian ad litem and counsel has been appointed | ||
to represent the court
appointed special advocate, the
court | ||
may not require the appointment of counsel to represent the
| ||
minor unless the court finds that the minor's interests are in | ||
conflict with
what the guardian ad litem determines to be in | ||
the best interest of the
minor. Each
adult respondent shall be | ||
furnished a written "Notice of Rights" at
or before the first | ||
hearing at which he or she appears.
| ||
(1.5) The Department shall maintain
a system of response to | ||
inquiry made by parents or putative
parents as to whether their | ||
child is under the custody or guardianship of the
Department; | ||
and if so, the Department shall direct the parents or putative
| ||
parents to the appropriate court of jurisdiction, including | ||
where inquiry may
be made of the clerk of the court regarding | ||
the case number and the next
scheduled court date of the | ||
minor's case.
Effective notice and the means of accessing | ||
information shall be given to the
public on a continuing basis
| ||
by the
Department.
| ||
(2) (a) Though not appointed guardian or legal custodian or | ||
otherwise made
a party to the proceeding, any current or | ||
previously appointed foster parent
or relative caregiver, or | ||
representative of an agency or association
interested in the | ||
minor has
the right to be heard by the court, but does not | ||
thereby become a party
to the proceeding.
| ||
In addition to the foregoing right to be heard by the | ||
court, any current
foster parent or relative caregiver of a | ||
minor and the agency designated
by the court or the
Department | ||
of Children and Family Services as custodian of the minor who
| ||
is alleged to be or has been adjudicated an abused or neglected | ||
minor under
Section 2-3 or a
dependent minor under Section 2-4 | ||
of this Act has the right to and shall be
given adequate notice | ||
at all stages of any hearing or proceeding under this
Act.
| ||
Any foster parent or relative caregiver who is denied his | ||
or her
right to be heard under this
Section may bring a | ||
mandamus action under Article XIV of the Code of Civil
| ||
Procedure against the court or any public agency to enforce | ||
that right. The
mandamus action may be brought immediately upon | ||
the denial of those rights but
in no event later than 30 days | ||
after the foster parent has been denied the
right to be heard.
| ||
(b) If after an adjudication that a minor is abused or | ||
neglected as provided
under Section 2-21 of this Act and a | ||
motion has been
made to restore the
minor to any parent, | ||
guardian, or legal custodian found by the court to have
caused | ||
the neglect or to have inflicted the abuse on the minor, a | ||
foster parent
may file a motion to intervene in the proceeding | ||
for
the sole purpose of
requesting that the minor be placed | ||
with the foster parent, provided that the
foster parent (i) is | ||
the current foster parent of the minor or (ii) has
previously | ||
been a foster parent for the minor for one year or more, has a
| ||
foster care license or is eligible for a license or is not | ||
required to have a license, and is not the subject of any
| ||
findings of abuse or neglect of any child. The juvenile court | ||
may only enter
orders placing a minor with a specific foster | ||
parent under this subsection
(2)(b) and nothing in this Section | ||
shall be construed to confer any
jurisdiction or authority on | ||
the juvenile court to issue any other orders
requiring the | ||
appointed guardian or custodian of a minor to place the minor | ||
in
a designated foster home or facility. This Section is not | ||
intended to
encompass any matters that are within the
scope or | ||
determinable under the administrative and appeal process | ||
established
by rules of the Department of Children and Family | ||
Services under Section
5(o) of the Children and Family Services | ||
Act. Nothing in this Section shall
relieve the court of its | ||
responsibility, under Section 2-14(a) of
this Act to act in a | ||
just and speedy manner to reunify families where it is
the best | ||
interests of the minor and the child can be cared for at home
| ||
without endangering the child's health or safety and, if | ||
reunification is not
in the best
interests of the minor, to | ||
find another permanent home for the minor. Nothing
in this | ||
Section, or in any order issued by the court with respect to | ||
the
placement of a minor with a foster parent, shall impair the | ||
ability of the
Department of Children and Family Services, or | ||
anyone else authorized under
Section 5 of the Abused and | ||
Neglected Child Reporting Act, to remove a minor
from the home | ||
of a foster parent if the Department of Children and Family
| ||
Services or the person removing the minor has reason to believe | ||
that the
circumstances or conditions of the minor are such that | ||
continuing in the
residence or care of the foster parent will | ||
jeopardize the child's health and
safety or present an imminent | ||
risk of harm to that
minor's life.
| ||
(c) If a foster parent has had the minor who is the subject | ||
of the
proceeding under Article II in his or her home for more | ||
than one year on or
after July 3, 1994 and if the minor's
| ||
placement is being terminated from that foster parent's home, | ||
that foster
parent shall have standing and intervenor status | ||
except in those
circumstances where the Department of Children | ||
and Family Services or anyone
else authorized under Section 5 | ||
of the Abused and Neglected Child Reporting Act
has removed the | ||
minor from the foster parent because of a reasonable belief
| ||
that the circumstances or conditions of the minor are such that | ||
continuing in
the residence or care of the foster parent will | ||
jeopardize the child's health
or safety or presents an imminent | ||
risk of harm to
the minor's life.
| ||
(d) The court may grant standing to any foster parent
if | ||
the court finds that it is in the best interest of the child | ||
for the foster
parent to have standing and intervenor status.
| ||
(3) Parties respondent are entitled to notice in compliance | ||
with Sections
2-15 and 2-16, 3-17 and 3-18, 4-14 and 4-15 or | ||
5-525 and 5-530, as appropriate.
At the first appearance before | ||
the court by the minor, his
parents, guardian, custodian or | ||
responsible relative, the court shall explain
the nature of the | ||
proceedings and inform the parties of their rights under the
| ||
first 2 paragraphs of this Section.
| ||
If the child is alleged to be abused, neglected or | ||
dependent, the court
shall
admonish the parents that if the | ||
court declares the child to be a ward of the
court and
awards | ||
custody or guardianship to the Department of Children and | ||
Family
Services, the parents must 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.
| ||
Upon an adjudication of wardship of
the court under | ||
Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform
the | ||
parties of their right to appeal therefrom as well as from any | ||
other
final judgment of the court.
| ||
When the court finds that a child is an abused, neglected, | ||
or dependent
minor under
Section 2-21, the court shall admonish | ||
the parents 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 that require the | ||
child to be in care,
or risk termination of
their parental
| ||
rights.
| ||
When the court declares a child to be a ward of the court | ||
and awards
guardianship to the Department of Children and | ||
Family Services under Section
2-22, 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 that require
the child to be in | ||
care, or risk termination of their parental
rights.
| ||
(4) No sanction may be applied against the minor who is the | ||
subject of
the proceedings by reason of his refusal or failure | ||
to testify in the course
of any hearing held prior to final | ||
adjudication under Section 2-22, 3-23, 4-20
or 5-705.
| ||
(5) In the discretion of the court, the minor may be | ||
excluded from any
part or parts of a dispositional hearing and, | ||
with the consent of the parent
or parents, guardian, counsel or | ||
a guardian ad litem, from any part or parts
of an adjudicatory | ||
hearing.
| ||
(6) The general public except for the news media and the | ||
crime victim, as defined in Section 3 of the Rights of Crime | ||
Victims and Witnesses Act, shall be
excluded from any hearing | ||
and, except for the persons specified in this
Section only | ||
persons, including representatives of agencies and
| ||
associations, who in the opinion of the court have a direct | ||
interest in the
case or in the work of the court shall be | ||
admitted to the hearing. However,
the court may, for the | ||
minor's safety and protection and for good cause
shown,
| ||
prohibit any person or agency present in court from further | ||
disclosing the
minor's identity.
Nothing in this subsection (6) | ||
prevents the court from allowing other
juveniles to be present | ||
or to participate in a court session being held
under the | ||
Juvenile Drug Court Treatment Act.
| ||
(7) A party shall not be entitled to exercise the right to | ||
a substitution
of a judge without cause under subdivision | ||
(a)(2) of Section 2-1001 of the Code
of Civil Procedure in a | ||
proceeding under this Act if the judge is currently
assigned to | ||
a proceeding involving the alleged abuse, neglect, or | ||
dependency of
the minor's sibling or half sibling and that | ||
judge has made a substantive
ruling in the proceeding involving | ||
the minor's sibling or half sibling.
| ||
(Source: P.A. 93-539, eff. 8-18-03; 94-271, eff. 1-1-06.)
| ||