Public Act 90-0027 of the 90th General Assembly
Public Act 90-0027
HB0066 Enrolled LRB9000715LDdv
AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is
amended, if and only if the provisions of House Bill 165 of
the 90th General Assembly that are changed by this amendatory
Act of 1997 become law, by changing Sections 5 and 7 and
adding Section 6c as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
(Text of Section before amendment by P.A. 89-507)
Sec. 5. To provide direct child welfare services when
not available through other public or private child care or
program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also
includes persons under age 19 who:
(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
(B) were accepted for care, service and
training by 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 disability, social adjustment
or any combination thereof, or because of the need
to complete an educational or vocational training
program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the welfare of
children, including homeless, dependent or neglected
children;
(B) preventing or remedying, or assisting in
the solution of problems which may result in, the
neglect, abuse, exploitation or delinquency of
children;
(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
where the prevention of child removal is desirable
and possible;
(D) restoring to their families children who
have been removed, by the provision of services to
the child and the families;
(E) placing children in suitable adoptive
homes, in cases where restoration to the biological
family is not possible or appropriate;
(F) assuring adequate care of children away
from their homes, in cases where the child cannot be
returned home or cannot be placed for adoption;
(G) providing supportive services and living
maintenance which contribute to the physical,
emotional and social well-being of children who are
pregnant and unmarried;
(H) providing shelter and independent living
services for homeless youth; and
(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, or in a licensed shelter
facility. The Department is not required to place or
maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting,
or
(iv) who are siblings,
in facilities that provide separate living quarters
for children 18 years of age and older and for
children under 18 years of age.
(b) Nothing in this Section shall be construed to
authorize the expenditure of public funds for the purpose of
performing abortions.
(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.
(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.
(e) For the purpose of insuring effective state-wide
planning, development, and utilization of resources for the
day care of children, operated under various auspices, the
Department is hereby designated to coordinate all day care
activities for children of the State and shall:
(1) Develop on or before December 1, 1977, and
update every year thereafter, a state comprehensive
day-care plan for submission to the Governor which
identifies high-priority areas and groups, relating them
to available resources, and identifying the most
effective approaches to the use of existing day care
services. The State comprehensive day-care plan shall be
made available to the General Assembly following the
Governor's approval of the plan.
The plan shall include methods and procedures for
the development of additional day care resources for
children to meet the goal of reducing short-run and
long-run dependency and to provide necessary enrichment
and stimulation to the education of young children.
Recommendation shall be made for State policy on optimum
use of private and public, local, state and federal
resources, including an estimate of the resources needed
for the licensing and regulation of day care facilities.
A written report shall be submitted to the Governor
and the General Assembly, annually, on April 15, and
shall include an evaluation of developments over the
preceding fiscal year, including cost-benefit analyses of
various arrangements. Beginning with the report in 1990
and every 2 years thereafter, the report shall also
include the following:
(A) An assessment of the child care services,
needs and available resources throughout the State
and an assessment of the adequacy of existing child
care services, including, but not limited to,
services assisted under this Act and under any other
program administered by other State agencies.
(B) A survey of day care facilities to
determine the number of qualified caregivers, as
defined by rule, attracted to vacant positions and
any problems encountered by facilities in attracting
and retaining capable caregivers.
(C) The average wages and salaries and fringe
benefit packages paid to caregivers throughout the
State, computed on a regional basis.
(D) The qualifications of new caregivers hired
at licensed day care facilities during the previous
2 year period.
(E) Recommendations for increasing caregiver
wages and salaries to insure quality care for
children.
(F) Evaluation of the fee structure and income
eligibility for child care subsidized by the State.
The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the
report with the Speaker, the Minority Leader and the
Clerk of the House of Representatives and the President,
the Minority Leader and the Secretary of the Senate and
the Legislative Research Unit, as required by Section 3.1
of the General Assembly Organization Act, and filing such
additional copies with the State Government Report
Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State
Library Act.
(2) Establish policies and procedures for
developing and implementing interagency agreements with
other agencies of the State providing child care services
or reimbursement for such services.
(3) In cooperation with other State agencies,
develop and implement a resource and referral system for
the State of Illinois either within the Department or by
contract with local or regional agencies. Funding for
implementation of this system may be provided through
Department appropriations or other inter-agency funding
arrangements. The resource and referral system shall
provide at least the following services:
(A) assembling and maintaining a data base on
the supply of child care services;
(B) providing information and referrals for
parents;
(C) coordinating the development of new child
care resources;
(D) providing technical assistance and
training to child care service providers; and
(E) recording and analyzing the demand for
child care services.
The Department shall complete implementation of this
resource and referral system in all regions of the State
by January 1, 1992.
(4) Conduct day care planning activities with the
following priorities:
(A) development of voluntary day care
resources wherever possible, with the provision for
grants-in-aid only where demonstrated to be useful
and necessary as incentives or supports;
(B) emphasis on service to children of
recipients of public assistance where such service
will allow training or employment of the parent
toward achieving the goal of independence;
(C) maximum employment of recipients of public
assistance in day care centers and day care homes,
operated in conjunction with short-term work
training programs;
(D) care of children from families in stress
and crises whose members potentially may become, or
are in danger of becoming, non-productive and
dependent;
(E) expansion of family day care facilities
wherever possible;
(F) location of centers in economically
depressed neighborhoods, preferably in multi-service
centers with cooperation of other agencies;
(G) use of existing facilities free of charge
or for reasonable rental wherever possible in lieu
of construction;
(H) development of strategies for assuring a
more complete range of day care options, including
provision of day care services in homes, in schools
or in centers, which will enable a parent or parents
to complete a course of education or obtain or
maintain employment.
Emphasis shall be given to support services which
will help to ensure such parents' graduation from high
school and to services for participants in the Project
Chance program of job training conducted by the Illinois
Department of Public Aid.
(5) Actively stimulate the development of public
and private resources at the local level. It shall also
seek the fullest utilization of federal funds directly or
indirectly available to the Department.
Where appropriate, existing non-governmental agencies or
associations shall be involved in planning by the Department.
(f) The Department, pursuant to a contract with the
Illinois Department of Public Aid, may provide child care
services to former recipients of assistance under The
Illinois Public Aid Code as authorized by Section 9-6.3 of
that Code.
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child protection, family preservation, family
reunification, adoption and youth development, including but
not limited to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) service to unwed mothers;
(6) homemaker service;
(7) return of runaway children;
(8) independent living skills and shelter for
homeless youth;
(9) placement under Section 5-7 of the Juvenile
Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
Juvenile Court Act of 1987 in accordance with the federal
Adoption Assistance and Child Welfare Act of 1980; and
(10) interstate services.
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 to identify children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
(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.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
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.
(j) The Department may provide financial assistance, and
shall establish rules and regulations concerning such
assistance, to persons who adopt physically or mentally
handicapped, older and other hard-to-place children who
immediately prior to their adoption were legal wards of the
Department. The Department may also provide financial
assistance, and shall establish rules and regulations for
such assistance, 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 5-29 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 successor
guardian and for whom the Department has set a goal of
permanent family placement with a foster family.
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, but must be at
least $25 less than the monthly cost of care of the child in
a foster home, 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.
Any financial assistance provided under this subsection
is inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection
of a judgment or debt.
(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.
(l) Before July 1, 2000, the Department may provide, and
beginning July 1, 2000, the Department shall provide, family
preservation services, as determined to be appropriate and in
the child's best interests and when the child will not be in
imminent risk of harm, to any family whose child has been
placed in substitute care, any persons who have adopted a
child and require post-adoption services, or any persons
whose child or children are at risk of being placed outside
their home as documented by an "indicated" report of
suspected child abuse or neglect determined pursuant to the
Abused and Neglected Child Reporting Act. 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.
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 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, 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
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except a minor
less than 13 years of age committed to the Department under
Section 5-23 of the Juvenile Court Act of 1987.
(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
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
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 resume permanent charge
of the child, or until a relative enters the home and is
willing and able to assume charge of the child until a
parent, guardian or custodian enters the home and expresses
such willingness and ability to 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 5-9 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 5-9
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.
(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 or 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.
(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 a child or
foster family concerning a decision following an initial
review by a private child welfare agency. An appeal of a
decision concerning a change in the placement of a child
shall be conducted in an expedited manner.
(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 savings accounts in appropriate financial
institutions ("individual accounts") 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 individual account shall be credited to the account,
unless disbursed in accordance with this subsection.
In disbursing funds from children's individual accounts,
the Department shall:
(1) Establish standards in accordance with State
and federal laws for disbursing money from children's
individual accounts. In all circumstances, the
Department's "Guardianship Administrator" or his or her
designee must approve disbursements from children's
individual accounts. The Department shall be responsible
for keeping complete records of all disbursements for
each individual 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 individual account, as
covered by regulation, to reimburse those costs.
Monthly, disbursements from all children's individual
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) Whenever the Department places a child in a licensed
foster home, group home, child care institution, or in a
relative home, the Department shall provide to the 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, fire
setting, perpetuation of sexual abuse, destructive behavior,
and substance abuse) necessary to care for and safeguard the
child.
(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
subdivision (A)19 of Section 55a of the Civil Administrative
Code of Illinois 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.
(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.
(Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
8-20-95; 89-626, eff. 8-9-96; 90HB165eng with sam01.)
(Text of Section after amendment by P.A. 89-507)
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.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also
includes persons under age 19 who:
(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
(B) were accepted for care, service and
training by 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 disability, social adjustment
or any combination thereof, or because of the need
to complete an educational or vocational training
program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health,
safety and welfare of children, including homeless,
dependent or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(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
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;
(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 safety;
(E) placing children in suitable adoptive
homes, in cases where restoration to the biological
family is not safe, possible or appropriate;
(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 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;
(G) (blank);
(H) (blank); and
(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, or in a licensed shelter
facility. The Department is not required to place or
maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting,
or
(iv) who are siblings,
in facilities that provide separate living quarters
for children 18 years of age and older and for
children under 18 years of age.
(b) Nothing in this Section shall be construed to
authorize the expenditure of public funds for the purpose of
performing abortions.
(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.
(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.
(e) (Blank).
(f) (Blank).
(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:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile
Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
Juvenile Court Act of 1987 in accordance with the federal
Adoption Assistance and Child Welfare Act of 1980; and
(10) interstate services.
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 to identify children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
(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.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
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.
(j) The Department may provide financial assistance, and
shall establish rules and regulations concerning such
assistance, to persons who adopt physically or mentally
handicapped, older and other hard-to-place children who
immediately prior to their adoption were legal wards of the
Department. The Department may also provide financial
assistance, and shall establish rules and regulations for
such assistance, 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 5-29 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 successor
guardian and for whom the Department has set a goal of
permanent family placement with a foster family.
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, but must be at
least $25 less than the monthly cost of care of the child in
a foster home, 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.
Any financial assistance provided under this subsection
is inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection
of a judgment or debt.
(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.
(l) Before July 1, 2000, the Department may provide, and
beginning July 1, 2000, the Department shall provide, family
preservation services, as determined to be appropriate and in
the child's best interests and when the child will be safe
and not be in imminent risk of harm, to any family whose
child has been placed in substitute care, any persons who
have adopted a child and require post-adoption services, or
any persons whose child or children are at risk of being
placed outside their home as documented by an "indicated"
report of suspected child abuse or neglect determined
pursuant to the Abused and Neglected Child Reporting Act.
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.
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 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, 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
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except a minor
less than 13 years of age committed to the Department under
Section 5-23 of the Juvenile Court Act of 1987.
(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.
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 or must request a finding from the court that
reasonable efforts are not appropriate or have been
unsuccessful. 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.
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.
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:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed
by the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with
the family to reunite;
(6) the willingness and ability of the foster
family to provide an adoptive home or long-term
placement;
(7) the age of the child;
(8) placement of siblings.
(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
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
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 5-9 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 5-9
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.
(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.
(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 a child or
foster family concerning a decision following an initial
review by a private child welfare agency. An appeal of a
decision concerning a change in the placement of a child
shall be conducted in an expedited manner.
(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 savings accounts in appropriate financial
institutions ("individual accounts") 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 individual account shall be credited to the account,
unless disbursed in accordance with this subsection.
In disbursing funds from children's individual accounts,
the Department shall:
(1) Establish standards in accordance with State
and federal laws for disbursing money from children's
individual accounts. In all circumstances, the
Department's "Guardianship Administrator" or his or her
designee must approve disbursements from children's
individual accounts. The Department shall be responsible
for keeping complete records of all disbursements for
each individual 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 individual account, as
covered by regulation, to reimburse those costs.
Monthly, disbursements from all children's individual
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) Whenever the Department places a child in a licensed
foster home, group home, child care institution, or in a
relative home, the Department shall provide to the 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, fire
setting, perpetuation of sexual abuse, destructive behavior,
and substance abuse) necessary to care for and safeguard the
child.
(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
subdivision (A)19 of Section 55a of the Civil Administrative
Code of Illinois 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.
(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.
(Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90HB165eng
with sam01.)
(20 ILCS 505/6c new)
Sec. 6c. Parental inquiry. 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.
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place such child, as far as possible, in the care and
custody of some individual holding the same religious belief
as the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(b) In placing a child under this Act, the Department
may place a child with a relative if the Department has
reason to believe that the relative will be able to
adequately provide for the child's safety and welfare. The
Department may not place a child with a relative, with the
exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agency Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult
member of the relative's household for any of the following
offenses under the Criminal Code of 1961:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, and 11-13;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm;
(15) aggravated stalking;
(16) home invasion;
(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal neglect of an elderly or disabled
person;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent,
who (i) is currently related to the child in any of the
following ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
great-uncle, or great-aunt; or (ii) is the spouse of such a
relative; or (iii) is the child's step-father, step-mother,
or adult step-brother or step-sister; "relative" also
includes a person related in any of the foregoing ways to a
sibling of a child, even though the person is not related to
the child, when the child and its sibling are placed together
with that person. A relative with whom a child is placed
pursuant to this subsection may, but is not required to,
apply for licensure as a foster family home pursuant to the
Child Care Act of 1969; provided, however, that as of July 1,
1995, foster care payments shall be made only to licensed
foster family homes pursuant to the terms of Section 5 of
this Act.
(c) In placing a child under this Act, the Department
shall ensure that the child's health, safety, and best
interests are met by giving due, not sole, consideration to
the child's race or ethnic heritage in making a family foster
care placement. The Department shall consider the cultural,
ethnic, or racial background of the child and the capacity of
the prospective foster or adoptive parents to meet the needs
of a child of this background as one of a number of factors
used to determine the best interests of the child. The
Department shall make special efforts for the diligent
recruitment of potential foster and adoptive families that
reflect the ethnic and racial diversity of the children for
whom foster and adoptive homes are needed. "Special efforts"
shall include contacting and working with community
organizations and religious organizations and may include
contracting with those organizations, utilizing local media
and other local resources, and conducting outreach
activities.
(c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection
(l-1) of Section 5, 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.
(d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
(e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96;
90HB165eng with sam01.)
Section 10. The State Mandates Act is amended, if and
only if the provisions of House Bill 165 of the 90th General
Assembly that are changed by this amendatory Act of 1997
become law, by adding Section 8.21 as follows:
(30 ILCS 805/8.21 new)
Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of 1997 (House Bill 66 of the 90th General
Assembly) or by House Bill 165 of the 90th General Assembly.
Section 15. The Child Care Act of 1969 is amended, if
and only if the provisions of House Bill 165 of the 90th
General Assembly that are changed by this amendatory Act of
1997 become law, by changing Section 4.2 as follows:
(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
Sec. 4.2. (a) No applicant may receive a license from
the Department and no person may be employed by a licensed
child care facility who refuses to authorize an investigation
as required by Section 4.1.
(b) No applicant may receive a license from the
Department and no person may be employed by a child care
facility licensed by the Department who has been declared a
sexually dangerous person under "An Act in relation to
sexually dangerous persons, and providing for their
commitment, detention and supervision", approved July 6,
1938, as amended, or convicted of committing or attempting to
commit any of the following offenses stipulated under the
Criminal Code of 1961:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, and 11-13;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) harboring a runaway;
(3.4) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug induced infliction of great bodily harm;
(15) hate crime;
(16) stalking;
(17) aggravated stalking;
(18) threatening public officials;
(19) home invasion;
(20) vehicular invasion;
(21) criminal transmission of HIV;
(22) criminal neglect of an elderly or disabled
person;
(23) child abandonment;
(24) endangering the life or health of a child;
(25) ritual mutilation;
(26) ritualized abuse of a child;
(27) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
(c) In addition to the provisions set forth in
subsection (b), no applicant may receive a license from the
Department to operate a foster family home, and no adult
person may reside in a foster family home licensed by the
Department, who has been convicted of committing or
attempting to commit any of the following offenses stipulated
under the Criminal Code of 1961, the Cannabis Control Act,
and the Illinois Controlled Substances Act:
(I) OFFENSES DIRECTED AGAINST THE PERSON
(A) KIDNAPPING AND RELATED OFFENSES
(1) Unlawful restraint.
(B) BODILY HARM
(2) Felony aggravated assault.
(3) Vehicular endangerment.
(4) Felony domestic battery.
(5) Aggravated battery.
(6) Heinous battery.
(7) Aggravated battery with a firearm.
(8) Aggravated battery of an unborn child.
(9) Aggravated battery of a senior citizen.
(10) Intimidation.
(11) Compelling organization membership of persons.
(12) Abuse and gross neglect of a long term care
facility resident.
(13) Felony violation of an order of protection.
(II) OFFENSES DIRECTED AGAINST PROPERTY
(14) Felony theft.
(15) Robbery.
(16) Armed robbery.
(17) Aggravated robbery.
(18) Vehicular hijacking.
(19) Aggravated vehicular hijacking.
(20) Burglary.
(21) Possession of burglary tools.
(22) Residential burglary.
(23) Criminal fortification of a residence or
building.
(24) Arson.
(25) Aggravated arson.
(26) Possession of explosive or explosive
incendiary devices.
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
(27) Felony unlawful use of weapons.
(28) Aggravated discharge of a firearm.
(29) Reckless discharge of a firearm.
(30) Unlawful use of metal piercing bullets.
(31) Unlawful sale or delivery of firearms on the
premises of any school.
(32) Disarming a police officer.
(33) Obstructing justice.
(34) Concealing or aiding a fugitive.
(35) Armed violence.
(36) Felony contributing to the criminal
delinquency of a juvenile.
(IV) DRUG OFFENSES
(37) Possession of more than 30 grams of cannabis.
(38) Manufacture of more than 10 grams of cannabis.
(39) Cannabis trafficking.
(40) Delivery of cannabis on school grounds.
(41) Unauthorized production of more than 5
cannabis sativa plants.
(42) Calculated criminal cannabis conspiracy.
(43) Unauthorized manufacture or delivery of
controlled substances.
(44) Controlled substance trafficking.
(45) Manufacture, distribution, or advertisement of
look-alike substances.
(46) Calculated criminal drug conspiracy.
(46.5) Streetgang criminal drug conspiracy.
(47) Permitting unlawful use of a building.
(48) Delivery of controlled, counterfeit, or
look-alike substances to persons under age 18, or at
truck stops, rest stops, or safety rest areas, or on
school property.
(49) Using, engaging, or employing persons under 18
to deliver controlled, counterfeit, or look-alike
substances.
(50) Delivery of controlled substances.
(51) Sale or delivery of drug paraphernalia.
(52) Felony possession, sale, or exchange of
instruments adapted for use of a controlled substance or
cannabis by subcutaneous injection.
(d) Notwithstanding subsection (c), the Department may
issue a new foster family home license or may renew an
existing foster family home license of an applicant who was
convicted of an offense described in subsection (c), provided
all of the following requirements are met:
(1) The relevant criminal offense or offenses
occurred more than 10 years prior to the effective date
of application or renewal this amendatory Act of 1997.
(2) The applicant had previously disclosed the
conviction or convictions to the Department for purposes
of a background check.
(3) After the disclosure, the Department either
placed a child in the home or the foster family home
license was issued.
(4) During the background check, the Department had
assessed and waived the conviction in compliance with the
existing statutes and rules in effect at the time of the
waiver.
(5) The applicant meets all other requirements and
qualifications to be licensed as a foster family home
under this Act and the Department's administrative rules.
(6) The applicant has a history of providing a
safe, stable home environment and appears able to
continue to provide a safe, stable home environment.
(Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95;
89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
6-27-96: 90HB165eng with sam01.)
Section 20. The Abused and Neglected Child Reporting Act
is amended by adding Section 4.3 as follows:
(325 ILCS 5/4.3 new)
Sec. 4.3. DCFS duty to report. The Department shall
report the disappearance of any child under its custody or
guardianship to the local law enforcement agency working in
cooperation with the I SEARCH Unit located nearest the last
known whereabouts of the child.
Section 25. The Intergovernmental Missing Child Recovery
Act of 1984 is amended by changing Section 3 as follows:
(325 ILCS 40/3) (from Ch. 23, par. 2253)
Sec. 3. Each I SEARCH unit shall be established to
promote an immediate and effective community response to
missing children and may engage in, but shall not be limited
to, the following activities:
(a) To establish and conduct programs to educate
parents, children and communities in ways to prevent the
abduction of children.
(b) To conduct training programs and distribute
materials providing guidelines for children when dealing with
strangers, casual acquaintances, or non-custodial parents, in
order to avoid abduction or kidnapping situations.
(c) To compile, maintain and make available data upon
the request of law enforcement agencies and other entities
deemed appropriate by the Department to assist enforcement
agencies in recovering missing children, including but not
limited to data regarding the places of shelter commonly used
by runaway children in the geographical area encompassed by
the I SEARCH Unit.
(d) To draft and implement plans for the most efficient
use of available resources to publicize and conduct searches
for missing children.
(e) To establish and maintain contacts with other I
SEARCH Units, law enforcement agencies, and the Department in
order to increase the probability of locating and returning
missing children, and to otherwise assist in the recovery and
tracking of missing children.
(f) To coordinate the tracking and recovery of children
under the custody or guardianship of the Department of
Children and Family Services whose disappearance has been
reported and to produce an annual report indicating the
number of children under the custody or guardianship of that
Department who have been reported missing and the number who
have been recovered.
(g) To conduct other activities as may be necessary to
achieve the goals established by this Act.
(Source: P.A. 83-1354.)
Section 30. The Juvenile Court Act of 1987 is amended,
if and only if the provisions of House Bill 165 of the 90th
General Assembly that are changed by this amendatory Act of
1997 become law, by changing Sections 1-2, 1-5, 2-15, 2-16,
2-17, 2-20, 2-21, 2-23, 2-27, 2-28, and 2-28.1 and by adding
Section 2-32 as follows:
(705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
(Text of Section before amendment by P.A. 89-704)
Sec. 1-2. Purpose and policy. (1) The purpose of this
Act is to secure for each minor subject hereto such care and
guidance, preferably in his or her own home, as will serve
the moral, emotional, mental, and physical welfare of the
minor and the best interests of the community; to preserve
and strengthen the minor's family ties whenever possible,
removing him or her from the custody of his or her parents
only when his or her welfare or safety or the protection of
the public cannot be adequately safeguarded without removal;
and, when the minor is removed from his or her own family, to
secure for him or her custody, care and discipline as nearly
as possible equivalent to that which should be given by his
or her parents, and in cases where it should and can properly
be done to place the minor in a family home so that he or she
may become a member of the family by legal adoption or
otherwise.
(2) In all proceedings under this Act the court may
direct the course thereof so as promptly to ascertain the
jurisdictional facts and fully to gather information bearing
upon the current condition and future welfare of persons
subject to this Act. This Act shall be administered in a
spirit of humane concern, not only for the rights of the
parties, but also for the fears and the limits of
understanding of all who appear before the court.
(3) In all procedures under this Act, the following
shall apply:
(a) The procedural rights assured to the minor shall be
the rights of adults unless specifically precluded by laws
which enhance the protection of such minors.
(b) Every child has a right to services necessary to his
or her proper development, including health, education and
social services.
(c) The parents' right to the custody of their child
shall not prevail when the court determines that it is
contrary to the best interests of the child.
(4) This Act shall be liberally construed to carry out
the foregoing purpose and policy.
(Source: P.A. 85-601; 90HB165eng with sam01.)
(Text of Section after amendment by P.A. 89-704)
Sec. 1-2. Purpose and policy.
(1) The purpose of this Act is to secure for each minor
subject hereto such care and guidance, preferably in his or
her own home, as will serve the safety and moral, emotional,
mental, and physical welfare of the minor and the best
interests of the community; to preserve and strengthen the
minor's family ties whenever possible, removing him or her
from the custody of his or her parents only when his or her
safety or welfare or the protection of the public cannot be
adequately safeguarded without removal; if the child is
removed from the custody of his or her parent, the Department
of Children and Family Services immediately shall consider
concurrent planning, as described in Section 5 of the
Children and Family Services Act 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; and, when the minor is removed from his or her own
family, to secure for him or her custody, care and discipline
as nearly as possible equivalent to that which should be
given by his or her parents, and in cases where it should and
can properly be done to place the minor in a family home so
that he or she may become a member of the family by legal
adoption or otherwise. Provided that a ground for unfitness
under the Adoption Act can be met, it may be appropriate to
expedite termination of parental rights:
(a) when reasonable efforts are inappropriate, or have
been provided and were unsuccessful, and there are
aggravating circumstances including, but not limited to,
those cases in which (i) a child or a sibling of the child
was (A) abandoned, (B) tortured, or (C) chronically abused or
(ii) the parent is criminally convicted of (A) first degree
murder or second degree murder of any child, (B) attempt or
conspiracy to commit first degree murder or second degree
murder of any child, (C) solicitation to commit murder,
solicitation to commit murder for hire, or solicitation to
commit second degree murder of any child, or accountability
for the first or second degree murder of any child, or (D)
aggravated criminal sexual assault in violation of Section
12-14(b)(1) of the Criminal Code of 1961; or
(b) when the parental rights of a parent with respect to
a sibling of the child have been involuntarily terminated; or
(c) in those extreme cases in which the parent's
incapacity to care for the child, combined with an extremely
poor prognosis for treatment or rehabilitation, justifies
expedited termination of parental rights.
(2) In all proceedings under this Act the court may
direct the course thereof so as promptly to ascertain the
jurisdictional facts and fully to gather information bearing
upon the current condition and future welfare of persons
subject to this Act. This Act shall be administered in a
spirit of humane concern, not only for the rights of the
parties, but also for the fears and the limits of
understanding of all who appear before the court.
(3) In all procedures under this Act, the following
shall apply:
(a) The procedural rights assured to the minor
shall be the rights of adults unless specifically
precluded by laws which enhance the protection of such
minors.
(b) Every child has a right to services necessary
to his or her safety and proper development, including
health, education and social services.
(c) The parents' right to the custody of their
child shall not prevail when the court determines that it
is contrary to the health, safety, and best interests of
the child.
(4) This Act shall be liberally construed to carry out
the foregoing purpose and policy.
(Source: P.A. 89-704, eff. 1-1-98; 90HB165eng with sam01.)
(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 or 5-22, 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
including 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 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. 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 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 of a minor and the agency
designated by the court or the Department of Children and
Family Services as custodian of the minor who 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 wherein the custody or
status of the minor may be changed. Such notice shall
contain a statement regarding the nature and denomination of
the hearing or proceeding to be held, the change in custody
or status of the minor sought to be obtained at such hearing
or proceeding, and the date, time and place of such hearing
or proceeding. The Department of Children and Family
Services or the licensed child welfare agency that has placed
the minor with the foster parent shall notify the clerk of
the court of the name and address of the current foster
parent. The clerk shall mail the notice by certified mail
marked for delivery to addressee only. The regular return
receipt for certified mail is sufficient proof of service.
Any foster parent 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, 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 5-15 and 5-16, 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 5-22, 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 5-22.
(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
victim 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.
(Source: P.A. 87-759; 88-7; 88-549, eff. 7-3-94; 88-550, eff.
7-3-94; 88-691, eff. 1-24-95; 89-235, eff. 8-4-95; 90HB165eng
with sam01.)
(705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
Sec. 2-15. Summons. (1) When a petition is filed, the
clerk of the court shall issue a summons with a copy of the
petition attached. The summons shall be directed to the
minor's legal guardian or custodian and to each person named
as a respondent in the petition, except that summons need not
be directed to a minor respondent under 8 years of age for
whom the court appoints a guardian ad litem if the guardian
ad litem appears on behalf of the minor in any proceeding
under this Act.
(2) The summons must contain a statement that the minor
or any of the respondents is entitled to have an attorney
present at the hearing on the petition, and that the clerk of
the court should be notified promptly if the minor or any
other respondent desires to be represented by an attorney but
is financially unable to employ counsel.
(3) The summons shall be issued under the seal of the
court, attested in and signed with the name of the clerk of
the court, dated on the day it is issued, and shall require
each respondent to appear and answer the petition on the date
set for the adjudicatory hearing. The summons shall contain a
notice that the parties will not be entitled to further
written notices or publication notices of proceedings in this
case, including the filing of an amended petition or a motion
to terminate parental rights, except as required by Supreme
Court Rule 11.
(4) The summons may be served by any county sheriff,
coroner or probation officer, even though the officer is the
petitioner. The return of the summons with endorsement of
service by the officer is sufficient proof thereof.
(5) Service of a summons and petition shall be made by:
(a) leaving a copy thereof with the person summoned at least
3 days before the time stated therein for appearance; (b)
leaving a copy at his usual place of abode with some person
of the family, of the age of 10 years or upwards, and
informing that person of the contents thereof, provided the
officer or other person making service shall also send a copy
of the summons in a sealed envelope with postage fully
prepaid, addressed to the person summoned at his usual place
of abode, at least 3 days before the time stated therein for
appearance; or (c) leaving a copy thereof with the guardian
or custodian of a minor, at least 3 days before the time
stated therein for appearance. If the guardian or custodian
is an agency of the State of Illinois, proper service may be
made by leaving a copy of the summons and petition with any
administrative employee of such agency designated by such
agency to accept service of summons and petitions. The
certificate of the officer or affidavit of the person that he
has sent the copy pursuant to this Section is sufficient
proof of service.
(6) When a parent or other person, who has signed a
written promise to appear and bring the minor to court or who
has waived or acknowledged service, fails to appear with the
minor on the date set by the court, a bench warrant may be
issued for the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition,
in any proceeding under this Act shall constitute a waiver of
service of summons and submission to the jurisdiction of the
court, except that the filing of a special appearance
authorized under Section 2-301 of the Code of Civil Procedure
does not constitute an appearance under this subsection. A
copy of the summons and petition shall be provided to the
person at the time of his appearance.
(Source: P.A. 86-441; 90HB165eng with sam01.)
(705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
Sec. 2-16. Notice by certified mail or publication.
(1) If service on individuals as provided in Section
2-15 is not made on any respondent within a reasonable time
or if it appears that any respondent resides outside the
State, service may be made by certified mail. In such case
the clerk shall mail the summons and a copy of the petition
to that respondent by certified mail marked for delivery to
addressee only. The court shall not proceed with the
adjudicatory hearing until 5 days after such mailing. The
regular return receipt for certified mail is sufficient proof
of service.
(2) Where a respondent's usual place of abode is not
known, a diligent inquiry shall be made to ascertain the
respondent's current and last known address. The Department
of Children and Family Services shall adopt rules defining
the requirements for conducting a diligent search to locate
parents of minors in the custody of the Department. If, after
diligent inquiry made at any time within the preceding 12
months, the usual place of abode cannot be reasonably
ascertained, or if respondent is concealing his or her
whereabouts to avoid service of process, petitioner's
attorney shall file an affidavit at the office of the clerk
of court in which the action is pending showing that
respondent on due inquiry cannot be found or is concealing
his or her whereabouts so that process cannot be served. The
affidavit shall state the last known address of the
respondent. The affidavit shall also state what efforts were
made to effectuate service. Within 3 days of receipt of the
affidavit, the clerk shall issue publication service as
provided below. The clerk shall also send a copy thereof by
mail addressed to each respondent listed in the affidavit at
his or her last known address. The clerk of the court as soon
as possible shall cause publication to be made once in a
newspaper of general circulation in the county where the
action is pending. Notice by publication is not required in
any case when the person alleged to have legal custody of the
minor has been served with summons personally or by certified
mail, but the court may not enter any order or judgment
against any person who cannot be served with process other
than by publication unless notice by publication is given or
unless that person appears. When a minor has been sheltered
under Section 2-10 of this Act and summons has not been
served personally or by certified mail within 20 days from
the date of the order of court directing such shelter care,
the clerk of the court shall cause publication. Notice by
publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the named
respondents, if any) and to All Whom It May Concern (if there
is any respondent under that designation):
Take notice that on the .... day of ...., 19.. a
petition was filed under the Juvenile Court Act by .... in
the circuit court of .... county entitled 'In the interest of
...., a minor', and that in .... courtroom at .... on the
.... day of .... at the hour of ...., or as soon thereafter
as this cause may be heard, an adjudicatory hearing will be
held upon the petition to have the child declared to be a
ward of the court under that Act. THE COURT HAS AUTHORITY IN
THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND GUARDIANSHIP
OF THE MINOR, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO
APPOINT A GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU
MAY LOSE ALL PARENTAL RIGHTS TO YOUR CHILD. IF THE PETITION
REQUESTS THE TERMINATION OF YOUR PARENTAL RIGHTS AND THE
APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD. The court has
authority in this proceeding to take from you the custody and
guardianship of the minor. If the petition requests the
termination of your parental rights and the appointment of a
guardian with power to consent to adoption, you may lose all
parental rights to the child. Unless you appear you will not
be entitled to further written notices or publication notices
of the proceedings in this case, including the filing of an
amended petition or a motion to terminate parental rights.
Now, unless you appear at the hearing and show cause
against the petition, the allegations of the petition may
stand admitted as against you and each of you, and an order
or judgment entered.
......................
Clerk
Dated (the date of publication)"
(3) The clerk shall also at the time of the publication
of the notice send a copy thereof by mail to each of the
respondents on account of whom publication is made at his or
her last known address. The certificate of the clerk that he
or she has mailed the notice is evidence thereof. No other
publication notice is required. Every respondent notified by
publication under this Section must appear and answer in open
court at the hearing. The court may not proceed with the
adjudicatory hearing until 10 days after service by
publication on any parent, guardian or legal custodian in the
case of a minor described in Section 2-3 or 2-4.
(4) If it becomes necessary to change the date set for
the hearing in order to comply with Section 2-14 or with this
Section, notice of the resetting of the date must be given,
by certified mail or other reasonable means, to each
respondent who has been served with summons personally or by
certified mail.
(Source: P.A. 88-614, eff. 9-7-94; 90HB165eng with sam01.)
(705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
Sec. 2-17. Guardian ad litem.
(1) Immediately upon the filing of a petition alleging
that the minor is a person described in Sections 2-3 or 2-4
of this Article, the court shall appoint a guardian ad litem
for the minor if:
(a) such petition alleges that the minor is an
abused or neglected child; or
(b) such petition alleges that charges alleging the
commission of any of the sex offenses defined in Article
11 or in Sections 12-13, 12-14, 12-14.1, 12-15 or 12-16
of the Criminal Code of 1961, as amended, have been filed
against a defendant in any court and that such minor is
the alleged victim of the acts of defendant in the
commission of such offense.
Unless the guardian ad litem appointed pursuant to this
paragraph (1) is an attorney at law he shall be represented
in the performance of his duties by counsel. The guardian ad
litem shall represent the best interests of the minor and
shall present recommendations to the court consistent with
that duty.
(2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if
(a) no parent, guardian, custodian or relative of
the minor appears at the first or any subsequent hearing
of the case;
(b) the petition prays for the appointment of a
guardian with power to consent to adoption; or
(c) the petition for which the minor is before the
court resulted from a report made pursuant to the Abused
and Neglected Child Reporting Act.
(3) The court may appoint a guardian ad litem for the
minor whenever it finds that there may be a conflict of
interest between the minor and his parents or other custodian
or that it is otherwise in the minor's best interest to do
so.
(4) Unless the guardian ad litem is an attorney, he
shall be represented by counsel.
(5) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and charged to
the parents of the minor, to the extent they are able to pay.
If the parents are unable to pay those fees, they shall be
paid from the general fund of the county.
Whenever the petition alleges that the minor is neglected
or abused because of physical abuse inflicted by the parent
or guardian the guardian ad litem must have at least one face
to face interview with the minor before the beginning of the
adjudicatory hearing.
(6) A guardian ad litem appointed under this Section,
shall receive copies of any and all classified reports of
child abuse and neglect made under the Abused and Neglected
Child Reporting Act in which the minor who is the subject of
a report under the Abused and Neglected Child Reporting Act,
is also the minor for whom the guardian ad litem is appointed
under this Section.
(7) In counties with a population less than 3,000,000,
The appointed guardian ad litem shall remain the child's
guardian ad litem throughout the entire juvenile trial court
proceedings, including permanency hearings and termination of
parental rights proceedings, unless there is a substitution
entered by order of the court.
(8) In counties with a population of less than
3,000,000, The guardian ad litem or an agent of the guardian
ad litem shall have a minimum of one 2 in-person contact
contacts with the minor and one contact with one of the
current foster parents or caregivers caregiver prior to the
adjudicatory hearing, and at least one additional in-person
contact with the child and one contact with one of the
current foster parents or caregivers after the adjudicatory
hearing but caregiver prior to the first each permanency
hearing and one additional in-person contact with the child
and one contact with one of the current foster parents or
caregivers each subsequent year. For good cause shown, the
judge may excuse face-to-face interviews required in this
subsection.
(9) In counties with a population of 100,000 or more but
less than 3,000,000, each guardian ad litem must successfully
complete a training program approved by the Department of
Children and Family Services. The Department of Children and
Family Services shall provide training materials and
documents to guardians ad litem who are not mandated to
attend the training program. The Department of Children and
Family Services shall develop and distribute to all guardians
ad litem a bibliography containing information including but
not limited to the juvenile court process, termination of
parental rights, child development, medical aspects of child
abuse, and the child's need for safety and permanence.
(Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96; 90HB165eng with sam01.)
(705 ILCS 405/2-20) (from Ch. 37, par. 802-20)
Sec. 2-20. Continuance under supervision.
(1) The court may enter an order of continuance under
supervision (a) upon an admission or stipulation by the
appropriate respondent or minor respondent of the facts
supporting the petition and before proceeding to findings and
adjudication, or after hearing the evidence at the
adjudicatory hearing but before noting in the minutes of
proceeding a finding of whether or not the minor is abused,
neglected or dependent; and (b) in the absence of objection
made in open court by the minor, his parent, guardian,
custodian, responsible relative, defense attorney or the
State's Attorney.
(2) If the minor, his parent, guardian, custodian,
responsible relative, defense attorney or the State's
Attorney, objects in open court to any such continuance and
insists upon proceeding to findings and adjudication, the
court shall so proceed.
(3) Nothing in this Section limits the power of the
court to order a continuance of the hearing for the
production of additional evidence or for any other proper
reason.
(4) When a hearing where a minor is alleged to be
abused, neglected or dependent is continued pursuant to this
Section, the court may permit the minor to remain in his home
if the court determines and makes written factual findings
that the minor can be cared for at home when consistent with
the minor's without endangering his or her health, or safety,
and that it is in the minor's best interests to do so,
subject to such conditions concerning his conduct and
supervision as the court may require by order.
(5) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that such
condition of supervision has not been fulfilled the court may
proceed to findings and adjudication and disposition. The
filing of a petition for violation of a condition of the
continuance under supervision shall toll the period of
continuance under supervision until the final determination
of the charge, and the term of the continuance under
supervision shall not run until the hearing and disposition
of the petition for violation; provided where the petition
alleges conduct that does not constitute a criminal offense,
the hearing must be held within 15 days of the filing of the
petition unless a delay in such hearing has been occasioned
by the minor, in which case the delay shall continue the
tolling of the period of continuance under supervision for
the period of such delay.
(Source: P.A. 88-7; 90HB165eng with sam01.)
(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
(Text of Section before amendment by P.A. 89-704)
Sec. 2-21. Findings and adjudication.
(1) After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent.
If it finds that the minor is not such a person, the court
shall order the petition dismissed and the minor discharged.
The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.
If the court finds that the minor is abused, neglected,
or dependent, the court shall then determine and put in
writing the factual basis supporting the determination of
whether the abuse, neglect, or dependency is the result of
physical abuse to the minor inflicted by a parent, guardian,
or legal custodian. That finding shall appear in the order
of the court.
(2) If the court determines and puts in writing the
factual basis supporting the determination that the minor is
either abused or neglected or dependent, the court shall then
set a time not later than 30 days after the entry of the
finding for a dispositional hearing to be conducted under
Section 2-22 at which hearing the court shall determine
whether it is in the best interests of the minor and the
public that he be made a ward of the court. To assist the
court in making this and other determinations at the
dispositional hearing, the court may order that an
investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history
and condition, family situation and background, economic
status, education, occupation, history of delinquency or
criminality, personal habits, and any other information that
may be helpful to the court. The dispositional hearing may
be continued once for a period not to exceed 30 days if the
court finds that such continuance is necessary to complete
the dispositional report.
(3) The time limits of this Section may be waived only
by consent of all parties and approval by the court, as
determined to be in the best interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be
held within 90 days of July 1, 1991.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 90HB165eng with sam01.)
(Text of Section after amendment by P.A. 89-704)
Sec. 2-21. Findings and adjudication.
(1) The court shall state for the record the manner in
which the parties received service of process and shall note
whether the return or returns of service, postal return
receipt or receipts for notice by certified mail, or
certificate or certificates of publication have been filed in
the court record. The court shall enter any appropriate
orders of default against any parent who has been properly
served in any manner and fails to appear.
No further service of process as defined in Sections 2-15
and 2-16 is required in any subsequent proceeding for a
parent who was properly served in any manner, except as
required by Supreme Court Rule 11.
The caseworker shall testify about the diligent search
conducted for the parent.
After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent.
If it finds that the minor is not such a person, the court
shall order the petition dismissed and the minor discharged.
The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.
If the court finds that the minor is abused, neglected,
or dependent, the court shall then determine and put in
writing the factual basis supporting the determination of
whether the abuse, neglect, or dependency is the result of
physical abuse to the minor inflicted by a parent, guardian,
or legal custodian. That finding shall appear in the order
of the court.
If the court finds that the child has been abused,
neglected or dependent, the court shall admonish the parents
that they must cooperate with the Department of Children and
Family Services, comply with the terms of the service plan,
and correct the conditions that require the child to be in
care, or risk termination of parental rights.
(2) If the court determines and puts in writing the
factual basis supporting the determination that the minor is
either abused or neglected or dependent, the court shall then
set a time not later than 30 days after the entry of the
finding for a dispositional hearing to be conducted under
Section 2-22 at which hearing the court shall determine
whether it is consistent with the health, safety and best
interests of the minor and the public that he be made a ward
of the court. To assist the court in making this and other
determinations at the dispositional hearing, the court may
order that an investigation be conducted and a dispositional
report be prepared concerning the minor's physical and mental
history and condition, family situation and background,
economic status, education, occupation, history of
delinquency or criminality, personal habits, and any other
information that may be helpful to the court. The
dispositional hearing may be continued once for a period not
to exceed 30 days if the court finds that such continuance is
necessary to complete the dispositional report.
(3) The time limits of this Section may be waived only
by consent of all parties and approval by the court, as
determined to be consistent with the health, safety and best
interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be
held within 90 days of July 1, 1991.
(5) The court may terminate the parental rights of a
parent at the initial dispositional hearing if all of the
following conditions are met:
(i) the original or amended petition contains a
request for termination of parental rights and
appointment of a guardian with power to consent to
adoption; and
(ii) the court has found by a preponderance of
evidence, introduced or stipulated to at an adjudicatory
hearing, that the child comes under the jurisdiction of
the court as an abused, neglected, or dependent minor
under Section 2-18; and
(iii) the court finds, on the basis of clear and
convincing evidence admitted at the adjudicatory hearing
that the parent is an unfit person under subdivision D of
Section 1 of the Adoption Act; and
(iv) the court determines in accordance with the
rules of evidence for dispositional proceedings, that:
(A) it is in the best interest of the minor
and public that the child be made a ward of the
court;
(A-5) reasonable efforts under subsection
(l-1) of Section 5 of the Children and Family
Services Act are inappropriate or such efforts were
made and were unsuccessful; and
(B) termination of parental rights and
appointment of a guardian with power to consent to
adoption is in the best interest of the child
pursuant to Section 2-29.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 89-704, eff. 1-1-98; 90HB165eng with sam01.)
(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
Sec. 2-23. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be
made in respect of wards of the court:
(a) A minor under 18 years of age found to be
neglected or abused under Section 2-3 may be (1)
continued in the custody of his or her parents, guardian
or legal custodian; (2) placed in accordance with Section
2-27; or (3) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation of
Mature Minors Act.
However, in any case in which a minor is found by
the court to be neglected or abused under Section 2-3 of
this Act, custody of the minor shall not be restored to
any parent, guardian or legal custodian found by the
court to have caused the neglect or to have inflicted the
abuse on the minor, unless it is in the best interests of
the minor, until such time as a hearing is held on the
issue of the best interests of the minor and the fitness
of such parent, guardian or legal custodian to care for
the minor without endangering the minor's health or
safety, and the court enters an order that such parent,
guardian or legal custodian is fit to care for the minor.
(b) A minor under 18 years of age found to be
dependent under Section 2-4 may be (1) placed in
accordance with Section 2-27 or (2) ordered partially or
completely emancipated in accordance with the provisions
of the Emancipation of Mature Minors Act.
However, in any case in which a minor is found by
the court to be dependent under Section 2-4 of this Act
and the court has made a further finding under paragraph
(2) of Section 2-21 that such dependency is the result of
physical abuse, custody of the minor shall not be
restored to any parent, guardian or legal custodian found
by the court to have inflicted physical abuse on the
minor until such time as a hearing is held on the issue
of the fitness of such parent, guardian or legal
custodian to care for the minor without endangering the
minor's health or safety, and the court enters an order
that such parent, guardian or legal custodian is fit to
care for the minor.
(c) When the court awards guardianship to the
Department of Children and Family Services, the court
shall order the parents to cooperate with the Department
of Children and Family Services, comply with the terms of
the service plans, and correct the conditions
combinations that require the child to be in care, or
risk termination of their parental rights.
(d) 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 the possible termination of their parental
rights.
(2) Any order of disposition may provide for protective
supervision under Section 2-24 and may include an order of
protection under Section 2-25.
Unless the order of disposition expressly so provides, it
does not operate to close proceedings on the pending
petition, but is subject to modification, not inconsistent
with Section 2-28, until final closing and discharge of the
proceedings under Section 2-31.
(3) The court also shall enter any other orders
necessary to fulfill the service plan, including, but not
limited to, (i) orders requiring parties to cooperate with
services, (ii) restraining orders controlling the conduct of
any party likely to frustrate the achievement of the goal,
and (iii) visiting orders. Unless otherwise specifically
authorized by law, the court is not empowered under this
subsection (3) to order specific placements, specific
services, or specific service providers to be included in the
plan. If the court concludes that the Department of Children
and Family Services has abused its discretion in setting the
current service plan or permanency goal for the minor, the
court shall enter specific findings in writing based on the
evidence and shall enter an order for the Department to
develop and implement a new permanency goal and service plan
consistent with the court's findings. The new service plan
shall be filed with the court and served on all parties. The
court shall continue the matter until the new service plan is
filed.
(4) In addition to any other order of disposition, the
court may order any minor adjudicated neglected with respect
to his or her own injurious behavior to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentence hearing" referred to therein shall be
the dispositional hearing for purposes of this Section. The
parent, guardian or legal custodian of the minor may pay some
or all of such restitution on the minor's behalf.
(5) Any order for disposition where the minor is
committed or placed in accordance with Section 2-27 shall
provide for the parents or guardian of the estate of such
minor to pay to the legal custodian or guardian of the person
of the minor such sums as are determined by the custodian or
guardian of the person of the minor as necessary for the
minor's needs. Such payments may not exceed the maximum
amounts provided for by Section 9.1 of the Children and
Family Services Act.
(6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) The court may terminate the parental rights of a
parent at the initial dispositional hearing if all of the
conditions in subsection (5) of Section 2-21 are met.
(Source: P.A. 88-7; 88-487; 88-670, eff. 12-2-94; 89-17, eff.
5-31-95; 89-235, eff. 8-4-95; 90HB165eng with sam01.)
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
Sec. 2-27. Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the
factual basis supporting the determination of whether the
parents, guardian, or legal custodian of a minor adjudged a
ward of the court are unfit or are unable, for some reason
other than financial circumstances alone, to care for,
protect, train or discipline the minor or are unwilling to do
so, and that the health, safety, and best interest of the
minor will be jeopardized if the minor remains in the custody
of his parents, guardian or custodian, the court may at this
hearing and at any later point:
(a) place him in the custody of a suitable relative
or other person as legal custodian or guardian;
(b) place him under the guardianship of a probation
officer;
(c) commit him to an agency for care or placement,
except an institution under the authority of the
Department of Corrections or of the Department of
Children and Family Services;
(d) commit him to the Department of Children and
Family Services for care and service; however, a minor
charged with a criminal offense under the Criminal Code
of 1961 or adjudicated delinquent shall not be placed in
the custody of or committed to the Department of Children
and Family Services by any court, except a minor less
than 13 years of age and committed to the Department of
Children and Family Services under Section 5-23 of this
Act. The Department shall be given due notice of the
pendency of the action and the Guardianship Administrator
of the Department of Children and Family Services shall
be appointed guardian of the person of the minor.
Whenever the Department seeks to discharge a minor from
its care and service, the Guardianship Administrator
shall petition the court for an order terminating
guardianship. The Guardianship Administrator may
designate one or more other officers of the Department,
appointed as Department officers by administrative order
of the Department Director, authorized to affix the
signature of the Guardianship Administrator to documents
affecting the guardian-ward relationship of children for
whom he has been appointed guardian at such times as he
is unable to perform the duties of his office. The
signature authorization shall include but not be limited
to matters of consent of marriage, enlistment in the
armed forces, legal proceedings, adoption, major medical
and surgical treatment and application for driver's
license. Signature authorizations made pursuant to the
provisions of this paragraph shall be filed with the
Secretary of State and the Secretary of State shall
provide upon payment of the customary fee, certified
copies of the authorization to any court or individual
who requests a copy.
(1.5) In making a determination under this Section, the
court shall also consider whether, based on health, safety,
and the best interests of the minor,
(a) appropriate services aimed at family
preservation and family reunification have been
unsuccessful in rectifying the conditions that have led
to a finding of unfitness or inability to care for,
protect, train, or discipline the minor, or
(b) no family preservation or family reunification
services would be appropriate,
and if the petition or amended petition contained an
allegation that the parent is an unfit person as defined in
subdivision (D) of Section 1 of the Adoption Act, and the
order of adjudication recites that parental unfitness was
established by clear and convincing evidence, the court
shall, when appropriate and in the best interest of the
minor, enter an order terminating parental rights and
appointing a guardian with power to consent to adoption in
accordance with Section 2-29.
When making a placement, the court, wherever possible,
shall require the Department of Children and Family Services
to select a person holding the same religious belief as that
of the minor or a private agency controlled by persons of
like religious faith of the minor and shall require the
Department to otherwise comply with Section 7 of the Children
and Family Services Act in placing the child. In addition,
whenever alternative plans for placement are available, the
court shall ascertain and consider, to the extent appropriate
in the particular case, the views and preferences of the
minor.
(2) When a minor is placed with a suitable relative or
other person pursuant to item (a) of subsection (1), the
court shall appoint him the legal custodian or guardian of
the person of the minor. When a minor is committed to any
agency, the court shall appoint the proper officer or
representative thereof as legal custodian or guardian of the
person of the minor. Legal custodians and guardians of the
person of the minor have the respective rights and duties set
forth in subsection (9) of Section 1-3 except as otherwise
provided by order of court; but no guardian of the person may
consent to adoption of the minor unless that authority is
conferred upon him in accordance with Section 2-29. An agency
whose representative is appointed guardian of the person or
legal custodian of the minor may place him in any child care
facility, but the facility must be licensed under the Child
Care Act of 1969 or have been approved by the Department of
Children and Family Services as meeting the standards
established for such licensing. No agency may place a minor
adjudicated under Sections 2-3 or 2-4 in a child care
facility unless the placement is in compliance with the rules
and regulations for placement under this Section promulgated
by the Department of Children and Family Services under
Section 5 of the Children and Family Services Act. Like
authority and restrictions shall be conferred by the court
upon any probation officer who has been appointed guardian of
the person of a minor.
(3) No placement by any probation officer or agency
whose representative is appointed guardian of the person or
legal custodian of a minor may be made in any out of State
child care facility unless it complies with the Interstate
Compact on the Placement of Children. Placement with a
parent, however, is not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal
custodian or guardian of the person a certified copy of the
order of court, as proof of his authority. No other process
is necessary as authority for the keeping of the minor.
(5) Custody or guardianship granted under this Section
continues until the court otherwise directs, but not after
the minor reaches the age of 19 years except as set forth in
Section 2-31.
(6) At the dispositional hearing, the court shall
consider whether it is appropriate for a motion to be filed
to terminate parental rights and appoint a guardian with
power to consent to adoption with regard to a parent:
(A) whose identity still remains unknown;
(B) whose whereabouts remain unknown;
(C) who was found in default at the adjudicatory
hearing and has not obtained an order setting aside the
default in accordance with Section 2-1301 of the Code of
Civil Procedure.
Notice to a parent for whom an order of default has been
entered on the petition for wardship and has not been set
aside shall be provided in accordance with Sections 2-15 and
2-16. If a parent's identity or whereabouts are unknown, and
a diligent inquiry for such parent has been made at any time
within the preceding 12 months, no further inquiry is
required to support notice by publication.
If the court determines such a motion to be appropriate,
it may order the motion to be filed. The court, upon motion,
may enter an order terminating parental rights upon
appropriate finding and appoint a guardian with power to
consent to adoption in accordance with this subsection before
or at the first permanency hearing.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96;
90HB165eng with sam01.)
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or
guardian of the person appointed under this Act to report
periodically to the court or may cite him into court and
require him or his agency, to make a full and accurate report
of his or its doings in behalf of the minor. The custodian
or guardian, within 10 days after such citation, shall make
the report, either in writing verified by affidavit or orally
under oath in open court, or otherwise as the court directs.
Upon the hearing of the report the court may remove the
custodian or guardian and appoint another in his stead or
restore the minor to the custody of his parents or former
guardian or custodian. However, custody of the minor shall
not be restored to any parent, guardian or legal custodian in
any case in which the minor is found to be neglected or
abused under Section 2-3 of this Act, unless the minor can be
cared for at home without endangering the minor's health or
safety and it is in the best interests of the minor, and if
such neglect or abuse is found by the court under paragraph
(2) of Section 2-21 of this Act to be the result of physical
abuse inflicted on the minor by such parent, guardian or
legal custodian, until such time as an investigation is made
as provided in paragraph (5) and a hearing is held on the
issue of the fitness of such parent, guardian or legal
custodian to care for the minor and the court enters an order
that such parent, guardian or legal custodian is fit to care
for the minor.
(2) In counties under 3,000,000 population, permanency
hearings shall be conducted by the judge court. In counties
with a population of 3,000,000 or more, the first permanency
hearing shall be conducted by a judge. Subsequent permanency
hearings may be heard by a judge or by hearing officers
appointed or approved by the court in the manner set forth in
Section 2-28.1 of this Act. The initial hearing shall be
held within 12 months from the date temporary custody was
taken. Subsequent permanency hearings shall be held every 6
months or more frequently if necessary in the court's
determination following the initial permanency hearing, in
accordance with the standards set forth in this Section,
until the court determines that the plan and goal have been
achieved. Once the plan and goal have been achieved, if the
minor remains in substitute care, the case shall be reviewed
at least every 6 months thereafter, subject to the provisions
of this Section, unless the minor is placed in the
guardianship of a suitable relative or other person and the
court determines that further monitoring by the court does
not further the health, safety or best interest of the child
and that this is a stable permanent placement. The permanency
hearings must occur within the time frames set forth in this
subsection and may not be delayed in anticipation of a report
from any source on or due to the agency's failure to timely
file its written report (this written report means the one
required under the next paragraph and does not mean the
service plan also referred to in that paragraph).
The public agency that is the custodian or guardian of
the minor, or another agency responsible for the minor's
care, shall ensure that all parties to the permanency
hearings are provided a copy of the most recent service plan
prepared within the prior 6 months at least 14 days in
advance of the hearing. If not contained in the 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 progress the parent has
made in correcting the conditions requiring the child to be
in care; whether the child can be returned home without
jeopardizing the child's health, safety, and welfare, and if
not, what permanency goal is recommended to be in the best
interests of the child, and why the other permanency goals
are not appropriate explain why the child cannot be returned
home without jeopardizing the child's health, safety and
welfare and why termination of parental rights or private
guardianship is not in the best interests of the child. The
caseworker must appear and testify at the permanency hearing.
If a permanency review hearing has not previously been
scheduled by the court, the moving party shall move for the
setting of a permanency hearing and the entry of an order
within the time frames set forth in this subsection.
At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific
date within 5 months.
(B) The minor will be in short-term care with a
continued goal to return home within a period not to
exceed one year, where the progress of the parent or
parents is substantial giving particular consideration to
considering the age and individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made
reasonable efforts or reasonable progress to date, the
court shall identify what actions the parent and the
Department must take in order to justify a finding of
reasonable efforts or reasonable progress and shall set a
status hearing to be held not earlier than 9 months from
the date of adjudication nor later than 11 months from
the date of adjudication during which the parent's
progress will again be reviewed.
(C) The minor will be in substitute care pending
court determination on termination of parental rights.
(D) Adoption, provided that parental rights have
been terminated or relinquished.
(E) The guardianship of the minor will be
transferred to an individual or couple on a permanent
basis provided that goals (A) through (D) have been ruled
out.
(F) The minor over age 12 will be in substitute
care pending independence.
(G) The minor will be in substitute care because he
or she cannot be provided for in a home environment due
to developmental disabilities or mental illness or
because he or she is a danger to self or others, provided
that goals (A) through (D) have been ruled out.
In selecting any permanency goal, the court shall
indicate in writing the reasons the goal was selected and why
the preceding goals were ruled out. Where the court has
selected a permanency goal other than (A), (B), or (B-1), the
Department of Children and Family Services shall not provide
further reunification services, but shall provide services
consistent with the goal selected.
The court shall consider the following factors when
setting the permanency goal:
(1) Age of the child.
(2) Options available for permanence.
(3) Current placement of the child and the intent
of the family regarding adoption.
(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and
whether or not the services were successful and, if not
successful, the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
The court shall consider review (i) the appropriateness
of the permanency goal contained in the service plan, (ii)
the appropriateness of the services contained in the plan and
whether those services have been provided, (iii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iv) whether the plan
and goal have been achieved. All evidence relevant to
determining these questions, including oral and written
reports, may be admitted and may be relied on to the extent
of their probative value.
If the goal has been achieved, the court shall enter
orders that are necessary to conform the minor's legal
custody and status to those findings.
If, after receiving evidence, the court determines that
the services contained in the plan are not reasonably
calculated to facilitate achievement of the permanency goal,
the court shall put in writing the factual basis supporting
the determination and enter specific findings based on the
evidence. The court also shall enter an order for the
Department to develop and implement a new service plan or to
implement changes to the current service plan consistent with
the court's findings. The new service plan shall be filed
with the court and served on all parties within 45 days of
the date of the order. The court shall continue the matter
until the new service plan is filed. 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.
A guardian or custodian appointed by the court pursuant
to this Act shall file updated case plans with the court
every 6 months until the permanency goal set by the court has
been achieved.
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.
(3) Following the permanency hearing, the court shall
enter a written order that includes the determinations
required under subsection (2) of Section 2-28, and sets forth
the following an order setting forth the following
determinations in writing:
(a) The future status of the minor, including the
permanency goal, and any order necessary to conform the
minor's legal custody and status to such determination;
or
(b) if the permanency goal of the minor cannot be
achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short term placement,
and the following determinations:
(i) (Blank).
(ii) Whether the services required by the
court and by any service plan prepared within the
prior 6 months have been provided and (A) if so,
whether the services were reasonably calculated to
facilitate the achievement of the permanency goal or
(B) if not provided, why the services were not
provided.
(iii) Whether the minor's placement is
necessary, and appropriate to the plan and goal,
recognizing the right of minors to the least
restrictive (most family-like) setting available and
in close proximity to the parents' home consistent
with the health, safety, best interest and special
needs of the minor and, if the minor is placed
out-of-State, whether the out-of-State placement
continues to be appropriate and consistent with the
health, safety, and best interest of the minor.
(iv) (Blank).
(v) (Blank).
When a motion is before the court seeking termination of
parental rights of a parent in accordance with Section
2-27.5, the court shall enter an order terminating parental
rights and appointing a guardian with power to consent to
adoption with regard to the parent identified in the motion.
Any order entered pursuant to this subsection (3) shall
be immediately appealable as a matter of right under Supreme
Court Rule 304(b)(1).
(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and
the appointment of a new custodian or guardian of the person
or for the restoration of the minor to the custody of his
parents or former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The State's Attorney 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 and the Department of Children and
Family Services must approve the appointment of a
guardian under this Section.
(b) the State's Attorney may file a motion to
terminate parental rights of any parent who has failed to
make reasonable efforts to correct the conditions which
led to the removal of the child or reasonable progress
toward the return of the child, as defined in subdivision
(D)(m) of Section 1 of the Adoption Act or for whom any
other unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption
Act exists.
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 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 or abuse is found
by the court under paragraph (2) of Section 2-21 of this Act
to be the result of physical abuse inflicted on the minor by
such parent, guardian or legal custodian, until such time as
an investigation is made as provided in paragraph (4) 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 terminating his
guardianship or custody, guardianship or custody shall
terminate automatically 30 days after the receipt of the
petition unless the court orders otherwise. No legal
custodian or guardian of the person may be removed without
his consent until given notice and an opportunity to be heard
by the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and
Family Services and comply with the terms of an after-care
plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also
enter an order of protective supervision in accordance with
Section 2-24.
(5) Whenever a parent, guardian, or legal custodian
files a motion for restoration of custody of the minor, and
the minor was adjudicated neglected or abused as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would
indicate the likelihood of any further physical abuse to the
minor. Evidence of such criminal convictions shall be taken
into account in determining whether the minor can be cared
for at home without endangering his or her health or safety
and fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision
thereof shall co-operate with the agent of the court in
providing any information sought in the investigation.
(b) The information derived from the investigation
and any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to
the hearing on fitness and the movant shall have an
opportunity at the hearing to refute the information or
contest its significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 1-10 of this
Act.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
eff. 8-9-96; 90HB165eng with sam01.)
(705 ILCS 405/2-28.1)
Sec. 2-28.1. Permanency hearings; before hearing
officers.
(a) The chief judge of the circuit court may appoint
hearing officers to conduct the permanency hearings set forth
in subsection (2) of Section 2-28 of this Act, in accordance
with the provisions of this Section. The hearing officers
shall be attorneys with at least 3 years experience in child
abuse and neglect or permanency planning, and in counties
with a population of 3,000,000 or more, admitted to practice
for at least 7 years. Once trained by the court, hearing
officers shall be authorized to do the following:
(1) Conduct a fair and impartial hearing.
(2) Summon and compel the attendance of witnesses.
(3) Administer the oath or affirmation and take
testimony under oath or affirmation.
(4) Require the production of evidence relevant to
the permanency hearing to be conducted. That evidence
may include, but need not be limited to case plans,
social histories, medical and psychological evaluations,
child placement histories, visitation records, and other
documents and writings applicable to those items.
(5) Rule on the admissibility of evidence using the
standard applied at a dispositional hearing under Section
2-22 of this Act.
(6) When necessary, cause notices to be issued
requiring parties, the public agency that is custodian or
guardian of the minor, or another agency responsible for
the minor's care to appear either before the hearing
officer or in court.
(7) Analyze the evidence presented to the hearing
officer and prepare written recommended orders, including
findings of fact, based on the evidence.
(8) Prior to the hearing, conduct any pre-hearings
that may be necessary.
(9) Conduct in camera interviews with children when
requested by a child or the child's guardian ad litem.
In counties with a population of 3,000,000 or more,
hearing officers shall also be authorized to do the
following:
(10) Accept specific consents for adoption or
surrenders of parental rights from a parent or parents.
(11) Conduct hearings on the progress made toward
the permanency goal set for the minor.
(12) Perform other duties as assigned by the court.
(b) The hearing officer shall consider evidence and
conduct the permanency hearings as set forth in subsections
(2) and (3) of Section 2-28 of this Act in accordance with
the standards set forth therein. The hearing officer shall
assure that a verbatim record of the proceedings is made and
retained for a period of 12 months or until the next
permanency hearing, whichever date is later, and shall direct
to the clerk of the court preserve all documents and evidence
to be made a part of the court file for the record. The
hearing officer shall inform the participants of their
individual rights and responsibilities. The hearing officer
shall identify the issues to be reviewed under subsection (2)
of Section 2-28, consider all relevant facts, and receive or
request any additional information necessary to make
recommendations to the court. If a party fails to appear at
the hearing, the hearing officer may proceed to the
permanency hearing with the parties present at the hearing.
The hearing officer shall specifically note for the court the
absence of any parties. If all parties are present at the
permanency hearing, and the parties and the Department are in
agreement that the service plan and permanency goal are
appropriate or are in agreement that the permanency goal for
the child has been achieved, the hearing officer shall
prepare a recommended order, including findings of fact, to
be submitted to the court, and all parties and the Department
shall sign the recommended order at the time of the hearing.
The recommended order will then be submitted to the court for
its immediate consideration and the entry of an appropriate
order.
The court may enter an order consistent with the
recommended order without further hearing or notice to the
parties, may refer the matter to the hearing officer for
further proceedings, or may hold such additional hearings as
the court deems necessary. All parties present at the
hearing and the Department shall be tendered a copy of the
court's order at the conclusion of the hearing.
(c) If one or more parties are not present at the
permanency hearing, or any party or the Department of
Children and Family Services objects to the hearing officer's
recommended order, including any findings of fact, the
hearing officer shall set the matter for a judicial
determination within 30 days of the permanency hearing for
the entry of the recommended order or for receipt of the
parties' objections. Any objections shall identify the
specific findings or recommendations that are contested, the
basis for the objections, and the evidence or applicable law
supporting the objection. The hearing officer shall mail a
copy of the recommended order to any non-attending parties,
together with a notice of the date and place of the judicial
determination and the right of the parties to present at that
time objections consistent with this subsection. The
recommended order and its contents may not be disclosed to
anyone other than the parties and the Department or other
agency unless otherwise specifically ordered by a judge of
the court.
Following the receipt of objections consistent with this
subsection from any party or the Department of Children and
Family Services to the hearing officer's recommended orders,
the court shall make a judicial determination of those
portions of the order to which objections were made, and
shall enter an appropriate order. The court may refuse to
review any objections that fail to meet the requirements of
this subsection.
(d) The following are judicial functions and shall be
performed only by a circuit judge or associate judge:
(1) Review of the recommended orders of the hearing
officer and entry of orders the court deems appropriate.
(2) Conduct of judicial hearings on all pre-hearing
motions and other matters that require a court order and
entry of orders as the court deems appropriate.
(3) Conduct of judicial determinations on all
matters in which the parties or the Department of
Children and Family Services disagree with the hearing
officer's recommended orders under subsection (3).
(4) Issuance of rules to show cause, conduct of
contempt proceedings, and imposition of appropriate
sanctions or relief.
(Source: P.A. 89-17, eff. 5-31-95; 90HB165eng with sam01.)
(705 ILCS 405/2-32 new)
Sec. 2-32. Time limit for relief from final order. A
petition for relief from a final order entered in a
proceeding under this Act, after 30 days from the entry
thereof under the provisions of Section 2-1401 of the Code of
Civil Procedure or otherwise, must be filed not later than
one year after the entry of the order or judgment.
(705 ILCS 405/2-27.5 rep.)
Section 35. The Juvenile Court Act of 1987 is amended,
if and only if the provisions of House Bill 165 of the 90th
General Assembly that are changed by this amendatory Act of
1997 become law, by repealing Section 2-27.5 that was added
by House Bill 165 of the 90th General Assembly.
Section 40. The Code of Civil Procedure is amended, if
an only if the provisions of House Bill 165 of the 90th
General Assembly that are changed by this amendatory Act of
1997 become law, by changing Section 2-1401 as follows:
(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
Sec. 2-1401. Relief from judgments. (a) Relief from
final orders and judgments, after 30 days from the entry
thereof, may be had upon petition as provided in this
Section. Writs of error coram nobis and coram vobis, bills of
review and bills in the nature of bills of review are
abolished. All relief heretofore obtainable and the grounds
for such relief heretofore available, whether by any of the
foregoing remedies or otherwise, shall be available in every
case, by proceedings hereunder, regardless of the nature of
the order or judgment from which relief is sought or of the
proceedings in which it was entered. There shall be no
distinction between actions and other proceedings, statutory
or otherwise, as to availability of relief, grounds for
relief or the relief obtainable.
(b) The petition must be filed in the same proceeding in
which the order or judgment was entered but is not a
continuation thereof. The petition must be supported by
affidavit or other appropriate showing as to matters not of
record. All parties to the petition shall be notified as
provided by rule.
(c) Except as provided in Section 20b of the Adoption
Act and Section 3-32 of the Juvenile Court Act of 1987, the
petition must be filed not later than 2 years after the entry
of the order or judgment. Time during which the person
seeking relief is under legal disability or duress or the
ground for relief is fraudulently concealed shall be excluded
in computing the period of 2 years.
(d) The filing of a petition under this Section does not
affect the order or judgment, or suspend its operation.
(e) Unless lack of jurisdiction affirmatively appears
from the record proper, the vacation or modification of an
order or judgment pursuant to the provisions of this Section
does not affect the right, title or interest in or to any
real or personal property of any person, not a party to the
original action, acquired for value after the entry of the
order or judgment but before the filing of the petition, nor
affect any right of any person not a party to the original
action under any certificate of sale issued before the filing
of the petition, pursuant to a sale based on the order or
judgment.
(f) Nothing contained in this Section affects any
existing right to relief from a void order or judgment, or to
employ any existing method to procure that relief.
(Source: P.A. 88-550, eff. 7-3-94.)
Section 45. The Adoption Act is amended, if and only if
the provisions of House Bill 165 of the 90th General Assembly
that are changed by this amendatory Act of 1997 become law,
by changing Section 1 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
(Text of Section before amendment by P.A. 89-704)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption
where either or both of the adopting parents stands in any of
the following relationships to the child by blood or
marriage: parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following:
(a) Abandonment of the child.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months
next preceding the commencement of the Adoption
proceeding.
(d) Substantial neglect of the child if continuous
or repeated.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987, the most
recent of which was determined by the juvenile court
hearing the matter to be supported by clear and
convincing evidence; a criminal conviction resulting from
the death of any child by physical child abuse; or a
finding of physical child abuse resulting from the death
of any child under Section 4-8 of the Juvenile Court Act
or Section 2-21 of the Juvenile Court Act of 1987.
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the
child; provided that in making a finding of unfitness the
court hearing the adoption proceeding shall not be bound
by any previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity.
(j) Open and notorious adultery or fornication.
(j-1) Conviction of first degree murder in
violation of paragraph 1 or 2 of subsection (a) of
Section 9-1 of the Criminal Code of 1961 or conviction of
second degree murder in violation of subsection (a) of
Section 9-2 of the Criminal Code of 1961 of a parent of
the child to be adopted shall create a presumption of
unfitness that may be overcome only by clear and
convincing evidence.
(k) Habitual drunkenness or addiction to drugs,
other than those prescribed by a physician, for at least
one year immediately prior to the commencement of the
unfitness proceeding.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of
a new born child during the first 30 days after its
birth.
(m) Failure by a parent to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or to make
reasonable progress toward the return of the child to the
parent within 9 months after an adjudication of neglected
or abused minor under Section 2-3 of the Juvenile Court
Act of 1987 or dependent minor under Section 2-4 of that
Act. If a service plan has been established as required
under Section 8.2 of the Abused and Neglected Child
Reporting Act to correct the conditions that were the
basis for the removal of the child from the parent and if
those services were available, then, for purposes of this
Act, "failure to make reasonable progress toward the
return of the child to the parent" includes the parent's
failure to substantially fulfill his or her obligations
under the complete that service plan and correct the
conditions that brought the child into care within 9
months after the adjudication under Section 2-3 or 2-4 of
the Juvenile Court Act of 1987.
(n) Evidence of intent to forego his or her
parental rights, whether or not the child is a ward of
the court, (1) as manifested by his or her failure for a
period of 12 months: (i) to visit the child, (ii) to
communicate with the child or agency, although able to do
so and not prevented from doing so by an agency or by
court order, or (iii) to maintain contact with or plan
for the future of the child, although physically able to
do so, or (2) as manifested by the father's failure,
where he and the mother of the child were unmarried to
each other at the time of the child's birth, (i) to
commence legal proceedings to establish his paternity
under the Illinois Parentage Act of 1984 or the law of
the jurisdiction of the child's birth within 30 days of
being informed, pursuant to Section 12a of this Act, that
he is the father or the likely father of the child or,
after being so informed where the child is not yet born,
within 30 days of the child's birth, or (ii) to make a
good faith effort to pay a reasonable amount of the
expenses related to the birth of the child and to provide
a reasonable amount for the financial support of the
child, the court to consider in its determination all
relevant circumstances, including the financial condition
of both parents; provided that the ground for termination
provided in this subparagraph (n)(2)(ii) shall only be
available where the petition is brought by the mother or
the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern
does not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall
not preclude a determination that the parent has intended
to forego his or her parental rights. In making this
determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by
a preponderance of the evidence.
(o) repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) inability to discharge parental
responsibilities supported by competent evidence from a
psychiatrist, licensed clinical social worker, or
clinical psychologist of mental impairment, mental
illness or mental retardation as defined in Section 1-116
of the Mental Health and Developmental Disabilities Code,
or developmental disability as defined in Section 1-106
of that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be
construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) a finding of physical abuse of the child under
Section 4-8 of the Juvenile Court Act or Section 2-21 of
the Juvenile Court Act of 1987 and a criminal conviction
of aggravated battery of the child.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. For the purpose of this Act, a person
who has executed a final and irrevocable consent to adoption
or a final and irrevocable surrender for purposes of
adoption, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of
the consent or surrender.
F. A person is available for adoption when the person
is:
(a) a child who has been surrendered for adoption
to an agency and to whose adoption the agency has
thereafter consented;
(b) a child to whose adoption a person authorized
by law, other than his parents, has consented, or to
whose adoption no consent is required pursuant to Section
8 of this Act;
(c) a child who is in the custody of persons who
intend to adopt him through placement made by his
parents; or
(d) an adult who meets the conditions set forth in
Section 3 of this Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural
includes the singular and the "male" includes the "female",
as the context of this Act may require.
H. "Adoption disruption" occurs when an adoptive
placement does not prove successful and it becomes necessary
for the child to be removed from placement before the
adoption is finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States
or through United States based international agencies.
J. "Immediate relatives" means the biological parents,
the parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person
of the Department of Children and Family Services appointed
by the Director to coordinate the provision of services by
the public and private sector to prospective parents of
foreign-born children.
M. "Interstate Compact on the Placement of Children" is
a law enacted by most states for the purpose of establishing
uniform procedures for handling the interstate placement of
children in foster homes, adoptive homes, or other child care
facilities.
N. "Non-Compact state" means a state that has not
enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met prior to the
placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or
immediate family member, or any person responsible for the
child's welfare, or any individual residing in the same home
as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to
be inflicted upon the child physical injury, by other
than accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury
to the child by other than accidental means which would
be likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of
any bodily function;
(c) commits or allows to be committed any sex
offense against the child, as sex offenses are defined in
the Criminal Code of 1961 and extending those definitions
of sex offenses to include children under 18 years of
age;
(d) commits or allows to be committed an act or
acts of torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or
other person responsible for the child's welfare withholds or
denies nourishment or medically indicated treatment including
food or care denied solely on the basis of the present or
anticipated mental or physical impairment as determined by a
physician acting alone or in consultation with other
physicians or otherwise does not provide the proper or
necessary support, education as required by law, or medical
or other remedial care recognized under State law as
necessary for a child's well-being, or other care necessary
for his or her well-being, including adequate food, clothing
and shelter; or who is abandoned by his or her parents or
other person responsible for the child's welfare.
A child shall not be considered neglected or abused for
the sole reason that the child's parent or other person
responsible for his or her welfare depends upon spiritual
means through prayer alone for the treatment or cure of
disease or remedial care as provided under Section 4 of the
Abused and Neglected Child Reporting Act.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on
or before the date that the child was or is to be born and
(2) has not established paternity of the child in a court
proceeding before the filing of a petition for the adoption
of the child. The term includes a male who is less than 18
years of age.
(Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
1-24-95; 89-235, eff. 8-4-95; 90HB165eng with sam01.)
(Text of Section after amendment by P.A. 89-704)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption
where either or both of the adopting parents stands in any of
the following relationships to the child by blood or
marriage: parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to
subsection O of Section 10.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a
hospital.
(a-2) Abandonment of a newborn infant in any
setting where the evidence suggests that the parent
intended to relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months
next preceding the commencement of the Adoption
proceeding.
(d) Substantial neglect of the child if continuous
or repeated.
(d-1) Substantial neglect, if continuous or
repeated, of any child residing in the household which
resulted in the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987, the most
recent of which was determined by the juvenile court
hearing the matter to be supported by clear and
convincing evidence; a criminal conviction or a finding
of not guilty by reason of insanity resulting from the
death of any child by physical child abuse; or a finding
of physical child abuse resulting from the death of any
child under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987.
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the
child; provided that in making a finding of unfitness the
court hearing the adoption proceeding shall not be bound
by any previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity.
(j) Open and notorious adultery or fornication.
(j-1) Conviction of any one of the following crimes
shall create a presumption of unfitness that may be
overcome only by clear and convincing evidence: (1) first
degree murder in violation of paragraph 1 or 2 of
subsection (a) of Section 9-1 of the Criminal Code of
1961 or conviction of second degree murder in violation
of subsection (a) of Section 9-2 of the Criminal Code of
1961 of a parent of the child to be adopted; (2) a
criminal conviction of first degree murder or second
degree murder of any child in violation of the Criminal
Code of 1961; (3) a criminal conviction of attempt or
conspiracy to commit first degree murder or second degree
murder of any child in violation of the Criminal Code of
1961; (4) a criminal conviction of solicitation to commit
murder of any child, solicitation to commit murder of any
child for hire, or solicitation to commit second degree
murder of any child in violation of the Criminal Code of
1961; (5) a criminal conviction of accountability for the
first or second degree murder of any child in violation
of the Criminal Code of 1961; or (6) a criminal
conviction of aggravated criminal sexual assault in
violation of Section 12-14(b)(1) of the Criminal Code of
1961.
(k) Habitual drunkenness or addiction to drugs,
other than those prescribed by a physician, for at least
one year immediately prior to the commencement of the
unfitness proceeding.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of
a new born child during the first 30 days after its
birth.
(m) Failure by a parent to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or to make
reasonable progress toward the return of the child to the
parent within 9 months after an adjudication of neglected
or abused minor under Section 2-3 of the Juvenile Court
Act of 1987 or dependent minor under Section 2-4 of that
Act. If a service plan has been established as required
under Section 8.2 of the Abused and Neglected Child
Reporting Act to correct the conditions that were the
basis for the removal of the child from the parent and if
those services were available, then, for purposes of this
Act, "failure to make reasonable progress toward the
return of the child to the parent" includes the parent's
failure to substantially fulfill his or her obligations
under the complete that service plan and correct the
conditions that brought the child into care within 9
months after the adjudication under Section 2-3 or 2-4 of
the Juvenile Court Act of 1987.
(n) Evidence of intent to forego his or her
parental rights, whether or not the child is a ward of
the court, (1) as manifested by his or her failure for a
period of 12 months: (i) to visit the child, (ii) to
communicate with the child or agency, although able to do
so and not prevented from doing so by an agency or by
court order, or (iii) to maintain contact with or plan
for the future of the child, although physically able to
do so, or (2) as manifested by the father's failure,
where he and the mother of the child were unmarried to
each other at the time of the child's birth, (i) to
commence legal proceedings to establish his paternity
under the Illinois Parentage Act of 1984 or the law of
the jurisdiction of the child's birth within 30 days of
being informed, pursuant to Section 12a of this Act, that
he is the father or the likely father of the child or,
after being so informed where the child is not yet born,
within 30 days of the child's birth, or (ii) to make a
good faith effort to pay a reasonable amount of the
expenses related to the birth of the child and to provide
a reasonable amount for the financial support of the
child, the court to consider in its determination all
relevant circumstances, including the financial condition
of both parents; provided that the ground for termination
provided in this subparagraph (n)(2)(ii) shall only be
available where the petition is brought by the mother or
the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern
does not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall
not preclude a determination that the parent has intended
to forego his or her parental rights. In making this
determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by
a preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental
responsibilities supported by competent evidence from a
psychiatrist, licensed clinical social worker, or
clinical psychologist of mental impairment, mental
illness or mental retardation as defined in Section 1-116
of the Mental Health and Developmental Disabilities Code,
or developmental disability as defined in Section 1-106
of that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be
construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) A finding of physical abuse of the child under
Section 4-8 of the Juvenile Court Act or Section 2-21 of
the Juvenile Court Act of 1987 and a criminal conviction
of aggravated battery of the child.
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion
for termination of parental rights is filed, prior to
incarceration the parent had little or no contact with
the child or provided little or no support for the child,
and the parent's incarceration will prevent the parent
from discharging his or her parental responsibilities for
the child for a period in excess of 2 years after the
filing of the petition or motion for termination of
parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. For the purpose of this Act, a person
who has executed a final and irrevocable consent to adoption
or a final and irrevocable surrender for purposes of
adoption, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of
the consent or surrender, unless the consent is void pursuant
to subsection O of Section 10.
F. A person is available for adoption when the person
is:
(a) a child who has been surrendered for adoption
to an agency and to whose adoption the agency has
thereafter consented;
(b) a child to whose adoption a person authorized
by law, other than his parents, has consented, or to
whose adoption no consent is required pursuant to Section
8 of this Act;
(c) a child who is in the custody of persons who
intend to adopt him through placement made by his
parents;
(c-1) a child for whom a parent has signed a
specific consent pursuant to subsection O of Section 10;
or
(d) an adult who meets the conditions set forth in
Section 3 of this Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural
includes the singular and the "male" includes the "female",
as the context of this Act may require.
H. "Adoption disruption" occurs when an adoptive
placement does not prove successful and it becomes necessary
for the child to be removed from placement before the
adoption is finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States
or through United States based international agencies.
J. "Immediate relatives" means the biological parents,
the parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person
of the Department of Children and Family Services appointed
by the Director to coordinate the provision of services by
the public and private sector to prospective parents of
foreign-born children.
M. "Interstate Compact on the Placement of Children" is
a law enacted by most states for the purpose of establishing
uniform procedures for handling the interstate placement of
children in foster homes, adoptive homes, or other child care
facilities.
N. "Non-Compact state" means a state that has not
enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met prior to the
placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or
immediate family member, or any person responsible for the
child's welfare, or any individual residing in the same home
as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to
be inflicted upon the child physical injury, by other
than accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury
to the child by other than accidental means which would
be likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of
any bodily function;
(c) commits or allows to be committed any sex
offense against the child, as sex offenses are defined in
the Criminal Code of 1961 and extending those definitions
of sex offenses to include children under 18 years of
age;
(d) commits or allows to be committed an act or
acts of torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or
other person responsible for the child's welfare withholds or
denies nourishment or medically indicated treatment including
food or care denied solely on the basis of the present or
anticipated mental or physical impairment as determined by a
physician acting alone or in consultation with other
physicians or otherwise does not provide the proper or
necessary support, education as required by law, or medical
or other remedial care recognized under State law as
necessary for a child's well-being, or other care necessary
for his or her well-being, including adequate food, clothing
and shelter; or who is abandoned by his or her parents or
other person responsible for the child's welfare.
A child shall not be considered neglected or abused for
the sole reason that the child's parent or other person
responsible for his or her welfare depends upon spiritual
means through prayer alone for the treatment or cure of
disease or remedial care as provided under Section 4 of the
Abused and Neglected Child Reporting Act.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on
or before the date that the child was or is to be born and
(2) has not established paternity of the child in a court
proceeding before the filing of a petition for the adoption
of the child. The term includes a male who is less than 18
years of age.
(Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98; 90HB165eng
with sam01.)
Section 90. Severability. If any Section, sentence,
clause, or provision of this Act or any application thereof
to any person or circumstance is for any reason held invalid
or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of the
other provisions or applications of this Act which can be
given effect without the invalid or unconstitutional
application or provision, and to this end the provisions of
this Act are declared to be severable.
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Section takes effect
upon becoming law. The changes to subdivision (D)(m) of
Section 1 of the Adoption Act take effect upon becoming law,
but in no event earlier than the effective date of the
changes to that subdivision made by House Bill 165 of the
90th General Assembly. All other changes made by this
amendatory Act of 1997 (House Bill 66 of the 90th General
Assembly) take effect upon becoming law, but in no event
earlier than the effective date of the changes made by House
Bill 165 of the 90th General Assembly (other than Section 99
and the changes to subdivision (D)(m) of Section 1 of the
Adoption Act made by House Bill 165 of the 90th General
Assembly).