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Public Act 099-0664
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| HB0114 Enrolled | LRB099 03699 RLC 23711 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 Section 5-745 as follows:
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(705 ILCS 405/5-745)
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Sec. 5-745. Court review.
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(1) The court may require any legal custodian or guardian |
of the person
appointed under this Act, including the |
Department of Juvenile Justice for youth committed under |
Section 5-750 of this Act, to report periodically to the court |
or may cite him
or her into court and require him or her, or his |
or her agency, to make a full
and accurate report of
his or her |
or its doings in behalf of the minor, including efforts to |
secure post-release placement of the youth after release from |
the Department's facilities. The legal custodian or
guardian,
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within 10 days after the 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 the report the court may remove the legal
custodian or |
guardian and appoint another in his or her stead or restore the
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minor to
the custody of his or her parents or former guardian |
or legal custodian.
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(2) If the Department of Children and Family Services is |
appointed legal custodian or guardian of a minor under this |
Act, the Department of Children and Family Services A guardian |
or legal custodian appointed by the court under this
Act shall |
file updated case plans with the court every 6 months. Every |
agency
which has guardianship of a child shall file a |
supplemental petition for court
review, or review by an |
administrative body appointed or approved by the court
and |
further order within 18 months of the sentencing order and each |
18 months
thereafter. The petition shall state facts relative |
to the child's present
condition of physical, mental and |
emotional health as well as facts relative to
his or her |
present custodial or foster care. The petition shall be set for
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hearing
and the clerk shall mail 10 days notice of the hearing |
by certified mail,
return receipt requested, to the person or |
agency having the physical custody
of the child, the minor and |
other interested parties unless a
written waiver of notice is |
filed with the petition.
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If the minor is in the custody of the Illinois Department |
of Children and Family Services, pursuant to an order entered |
under this Article, the court shall conduct permanency hearings |
as set out in subsections (1), (2), and (3) of Section 2-28 of |
Article II of this Act. |
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) 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 or her |
parents or former guardian or custodian. In the event that the
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minor has
attained 18 years of age and the guardian or |
custodian petitions the court for
an order terminating his or |
her guardianship or custody, guardianship or legal
custody
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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 or her |
consent until given notice and an opportunity to be
heard by |
the court.
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(4) If the minor is committed to the Department of Juvenile |
Justice under Section 5-750 of this Act, the Department shall |
notify the court in writing of the occurrence of any of the |
following: |
(a) a critical incident involving a youth committed to |
the Department; as used in this paragraph (a), "critical |
incident" means any incident that involves a serious risk |
to the life, health, or well-being of the youth and |
includes, but is not limited to, an accident or suicide |
attempt resulting in serious bodily harm or |
hospitalization, psychiatric hospitalization, alleged or |
suspected abuse, or escape or attempted escape from |
custody, filed within 10 days of the occurrence; |
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(b) a youth who has been released by the Prisoner |
Review Board but remains in a Department facility solely |
because the youth does not have an approved aftercare |
release host site, filed within 10 days of the occurrence; |
(c) a youth, except a youth who has been adjudicated a |
habitual or violent juvenile offender under Section 5-815 |
or 5-820 of this Act or committed for first degree murder, |
who has been held in a Department facility for over one |
consecutive year; or |
(d) if a report has been filed under paragraph (c) of |
this subsection, a supplemental report shall be filed every |
6 months thereafter. |
The notification required by this subsection (4) shall contain |
a brief description of the incident or situation and a summary |
of the youth's current physical, mental, and emotional health |
and the actions the Department took in response to the incident |
or to identify an aftercare release host site, as applicable. |
Upon receipt of the notification, the court may require the |
Department to make a full report under subsection (1) of this |
Section. |
(5) With respect to any report required to be filed with |
the court under this Section, the Independent Juvenile |
Ombudsman shall provide a copy to the minor's court appointed |
guardian ad litem, if the Department has received written |
notice of the appointment, and to the minor's attorney, if the |
Department has received written notice of representation from |
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the attorney. If the Department has a record that a guardian |
has been appointed for the minor and a record of the last known |
address of the minor's court appointed guardian, the |
Independent Juvenile Ombudsman shall send a notice to the |
guardian that the report is available and will be provided by |
the Independent Juvenile Ombudsman upon request. If the |
Department has no record regarding the appointment of a |
guardian for the minor, and the Department's records include |
the last known addresses of the minor's parents, the |
Independent Juvenile Ombudsman shall send a notice to the |
parents that the report is available and will be provided by |
the Independent Juvenile Ombudsman upon request. |
(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)
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