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Public Act 096-1375
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| HB4825 Enrolled | LRB096 16457 RLC 31727 b |
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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 2-28 and 2-34 as follows:
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(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
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Sec. 2-28. Court review.
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(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, 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
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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
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dependent under Section 2-4 of this
Act, unless the minor can |
be cared for at home without endangering the
minor's health or |
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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
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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.
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(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
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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
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temporary
custody was taken, (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
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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 |
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goal have been achieved, if the minor remains in substitute
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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
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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
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mean the service plan also referred to in that paragraph).
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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 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. The |
agency's written report must detail what progress or lack of
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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
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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.
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At the permanency hearing, the court shall determine the |
future status
of the child. The court shall set one of the |
following permanency goals:
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(A) The minor will be returned home by a specific date |
within 5
months.
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(B) The minor will be in short-term care with a
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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.
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(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 |
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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.
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(C) The minor will be in substitute care pending court
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determination on termination of parental rights.
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(D) Adoption, provided that parental rights have been |
terminated or
relinquished.
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(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.
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(F) The minor over age 15 will be in substitute care |
pending
independence.
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(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.
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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
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reunification services, but shall provide services
consistent |
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with the goal
selected.
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(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;
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(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:
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(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;
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(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
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(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 |
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long-term emotional interest, as compared with the |
legal and emotional benefit of permanence;
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(4) The child has lived with the relative or foster |
parent for at least one year; and
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(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:
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(1) Age of the child.
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(2) Options available for permanence, including both |
out-of-State and in-State placement options.
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(3) Current placement of the child and the intent of |
the family regarding
adoption.
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(4) Emotional, physical, and mental status or |
condition of the child.
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(5) Types of services previously offered and whether or |
not
the services were successful and, if not successful, |
the reasons the services
failed.
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(6) Availability of services currently needed and |
whether the services
exist.
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(7) Status of siblings of the minor.
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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
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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
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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.
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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 |
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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. |
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.
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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
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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. |
Unless otherwise specifically authorized by law, the court is |
not
empowered under this subsection (2) or under subsection (3) |
to order specific
placements, specific services, or specific |
service providers to be included in
the plan.
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A guardian or custodian appointed by the court pursuant to |
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this Act shall
file updated case plans with the court every 6 |
months.
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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.
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(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:
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(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
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(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:
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(i) (Blank).
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(ii) Whether the services required by the court
and |
by any service plan prepared within the prior 6 months
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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
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provided, why the services were not provided.
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(iii) Whether the minor's placement is necessary, |
and appropriate to the
plan and goal, recognizing the |
right of minors to the least restrictive (most
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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.
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(iv) (Blank).
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(v) (Blank).
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(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.
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When return home is not selected as the permanency goal:
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(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.
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(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 |
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unfitness ground for terminating parental rights as
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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.
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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) |
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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
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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. In |
the event that the minor has attained 18 years
of age and the |
guardian or custodian petitions the court for an order
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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.
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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
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protective supervision in accordance with Section 2-24.
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(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 |
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physical abuse,
the court shall cause to be
made an |
investigation as to whether the movant has ever been charged
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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.
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(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.
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(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
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significance.
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(c) All information obtained from any investigation |
shall be confidential
as provided in Section 5-150 of this |
Act.
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(Source: P.A. 95-10, eff. 6-30-07; 95-182, eff. 8-14-07; |
95-876, eff. 8-21-08; 96-600, eff. 8-21-09.)
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(705 ILCS 405/2-34) |
(Section scheduled to be repealed on August 21, 2013) |
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Sec. 2-34. Motion to reinstate parental rights. |
(1) For purposes of this subsection (1), the term "parent" |
refers to the person or persons whose rights were terminated as |
described in paragraph (a) of this subsection; and the term |
"minor" means a person under the age of 21 years subject to |
this Act for whom the Department of Children and Family |
Services Guardianship Administrator is appointed the temporary |
custodian or guardian. |
A motion to reinstate parental rights may be filed only by |
the Department of Children and Family Services regarding any |
minor who is presently a ward of the court under Article II of |
this Act when all the conditions set out in paragraphs (a), |
(b), (c), (d), (e), (f), and (g) of this subsection (1) are |
met: |
(a) while the minor was under the jurisdiction of the |
court under Article II of this Act, the minor's parent or |
parents surrendered the minor for adoption to an agency |
legally authorized to place children for adoption, or the |
minor's parent or parents consented to his or her adoption, |
or the minor's parent or parents consented to his or her |
adoption by a specified person or persons, or the parent or |
parents' rights were terminated pursuant to a finding of |
unfitness pursuant to Section 2-29 of this Act and a |
guardian was appointed with the power to consent to |
adoption pursuant to Section 2-29 of this Act; and |
(b) (i) since the signing of the surrender, the signing |
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of the consent, or the unfitness finding, the minor has |
remained a ward of the Court under Article II of this Act; |
or |
(ii) the minor was made a ward of the Court, the |
minor was placed in the private guardianship of an |
individual or individuals, and after the appointment |
of a private guardian and a new petition alleging |
abuse, neglect, or dependency pursuant to Section 2-3 |
or 2-4 is filed, and the minor is again found by the |
court to be abused, neglected or dependent; or a |
supplemental petition to reinstate wardship is filed |
pursuant to Section 2-33, and the court reinstates |
wardship , the minor was again brought to the attention |
of the Juvenile Court and the private guardianship was |
vacated; or |
(iii) the minor was made a ward of the Court, |
wardship was terminated after the minor was adopted, |
after the adoption a new petition alleging abuse, |
neglect, or dependency pursuant to Section 2-3 or 2-4 |
is filed, and the minor is again found by the court to |
be abused, neglected, or dependent the minor was again |
brought to the attention of the Juvenile Court and made |
a ward of the Court under Article II of this Act, and |
either (i) the adoptive parent or parents are deceased, |
(ii) the adoptive parent or parents signed a surrender |
of parental rights, or (iii) the parental rights of the |
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adoptive parent or parents were terminated; |
(c) the minor is not currently in a placement likely to |
achieve permanency; |
(d) it is in the minor's best interest that parental |
rights be reinstated; |
(e) the parent named in the motion wishes parental |
rights to be reinstated and is currently appropriate to |
have rights reinstated; |
(f) more than 3 years have lapsed since the signing of |
the consent or surrender, or the entry of the order |
appointing a guardian with the power to consent to |
adoption; |
(g) (i) the child is 13 years of age or older or (ii) |
the child is the younger sibling of such child, 13 years of |
age or older, for whom reinstatement of parental rights is |
being sought and the younger sibling independently meets |
the criteria set forth in paragraphs (a) through (h) of |
this subsection; and |
(h) if the court has previously denied a motion to |
reinstate parental rights filed by the Department, there |
has been a substantial change in circumstances following |
the denial of the earlier motion. |
(2) The motion may be filed only by the Department of |
Children and Family Services. Unless excused by the court for |
good cause shown, the movant shall give notice of the time and |
place of the hearing on the motion, in person or by mail, to |
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the parties to the juvenile court proceeding. Notice shall be |
provided at least 14 days in advance of the hearing date. The |
motion shall include the allegations required in subsection (1) |
of this Section. |
(3) Any party may file a motion to dismiss the motion with |
prejudice on the basis that the parent has intentionally acted |
to prevent the child from being adopted, after parental rights |
were terminated or the parent intentionally acted to disrupt |
the child's adoption. If the court finds by a
preponderance of |
the evidence that the parent has intentionally acted to prevent |
the child from being adopted, after parental rights were |
terminated or that the parent intentionally acted
to disrupt |
the child's adoption, the court shall dismiss the petition with |
prejudice. |
(4) The court shall not grant a motion for reinstatement of |
parental rights unless the court finds that the motion is |
supported by clear and convincing evidence. In ruling on a |
motion to reinstate parental rights, the court shall make |
findings consistent with the requirements in subsection (1) of |
this Section. The court shall consider the reasons why the |
child was initially brought to the attention of the court, the |
history of the child's case as it relates to the parent seeking |
reinstatement, and the current circumstances of the parent for |
whom reinstatement of rights is sought. If reinstatement is |
being considered subsequent to a finding of unfitness pursuant |
to Section 2-29 of this Act having been entered with respect to |
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the parent whose rights are being restored, the court in |
determining the minor's best interest shall consider, in |
addition to the factors set forth in paragraph (4.05) of |
Section 1-3 of this Act, the specific grounds upon which the |
unfitness findings were made. Upon the entry of an order |
granting a motion to reinstate parental rights, parental rights |
of the parent named in the order shall be reinstated, any |
previous order appointing a guardian with the power to consent |
to adoption shall be void and with respect to the parent named |
in the order, any consent shall be void. |
(5) If the case is post-disposition, the court, upon the |
entry of an order granting a motion to reinstate parental |
rights, shall schedule the matter for a permanency hearing |
pursuant to Section 2-28 of this Act within 45 days. |
(6) Custody of the minor shall not be restored to the |
parent, except by order of court pursuant to subsection (4) of |
Section 2-28 of this Act. |
(7) In any case involving a child over the age of 13 who |
meets the criteria established in this Section for |
reinstatement of parental rights, the Department of Children |
and Family Services shall conduct an assessment of the child's |
circumstances to assist in future planning for the child, |
including, but not limited to a determination regarding the |
appropriateness of filing a motion to reinstate parental |
rights. |
(8) This Section is repealed 4 years after the effective |