|
Rep. Mary E. Flowers
Filed: 3/30/2016
| | 09900HB0114ham003 | | LRB099 03699 SLF 46841 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 114
|
2 | | AMENDMENT NO. ______. Amend House Bill 114, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
|
5 | | "Section 5. The Juvenile Court Act of 1987 is amended by |
6 | | changing Section 5-745 as follows:
|
7 | | (705 ILCS 405/5-745)
|
8 | | Sec. 5-745. Court review.
|
9 | | (1) The court may require any legal custodian or guardian |
10 | | of the person
appointed under this Act, including the |
11 | | Department of Juvenile Justice for youth committed under |
12 | | Section 5-750 of this Act, to report periodically to the court |
13 | | or may cite him
or her into court and require him or her, or his |
14 | | or her agency, to make a full
and accurate report of
his or her |
15 | | or its doings in behalf of the minor, including efforts to |
16 | | secure post-release placement of the youth after release from |
|
| | 09900HB0114ham003 | - 2 - | LRB099 03699 SLF 46841 a |
|
|
1 | | the Department's facilities. The legal custodian or
guardian,
|
2 | | within 10 days after the citation, shall make the report, |
3 | | either in writing
verified by affidavit or orally under oath in |
4 | | open court, or otherwise as the
court directs. Upon the hearing |
5 | | of the report the court may remove the legal
custodian or |
6 | | guardian and appoint another in his or her stead or restore the
|
7 | | minor to
the custody of his or her parents or former guardian |
8 | | or legal custodian.
|
9 | | (2) A guardian or legal custodian appointed by the court |
10 | | under this
Act shall file updated case plans with the court |
11 | | every 6 months. Every agency
which has guardianship of a child |
12 | | shall file a supplemental petition for court
review, or review |
13 | | by an administrative body appointed or approved by the court
|
14 | | and further order within 18 months of the sentencing order and |
15 | | each 18 months
thereafter. The petition shall state facts |
16 | | relative to the child's present
condition of physical, mental |
17 | | and emotional health as well as facts relative to
his or her |
18 | | present custodial or foster care. The petition shall be set for
|
19 | | hearing
and the clerk shall mail 10 days notice of the hearing |
20 | | by certified mail,
return receipt requested, to the person or |
21 | | agency having the physical custody
of the child, the minor and |
22 | | other interested parties unless a
written waiver of notice is |
23 | | filed with the petition.
|
24 | | If the minor is in the custody of the Illinois Department |
25 | | of Children and Family Services, pursuant to an order entered |
26 | | under this Article, the court shall conduct permanency hearings |
|
| | 09900HB0114ham003 | - 3 - | LRB099 03699 SLF 46841 a |
|
|
1 | | as set out in subsections (1), (2), and (3) of Section 2-28 of |
2 | | Article II of this Act. |
3 | | Rights of wards of the court under this Act are enforceable |
4 | | against any
public agency by complaints for relief by mandamus |
5 | | filed in any proceedings
brought under this Act.
|
6 | | (3) The minor or any person interested in the minor may |
7 | | apply to the court
for a change in custody of the minor and the |
8 | | appointment of a new custodian or
guardian of the person or for |
9 | | the restoration of the minor to the custody of
his or her |
10 | | parents or former guardian or custodian. In the event that the
|
11 | | minor has
attained 18 years of age and the guardian or |
12 | | custodian petitions the court for
an order terminating his or |
13 | | her guardianship or custody, guardianship or legal
custody
|
14 | | shall terminate automatically 30 days after the receipt of the |
15 | | petition unless
the
court orders otherwise. No legal custodian |
16 | | or guardian of the person may be
removed without his or her |
17 | | consent until given notice and an opportunity to be
heard by |
18 | | the court.
|
19 | | (4) If the minor is committed to the Department of Juvenile |
20 | | Justice under Section 5-750 of this Act, the Department shall |
21 | | notify the court in writing of the occurrence of any of the |
22 | | following: |
23 | | (a) a critical incident involving a youth committed to |
24 | | the Department; as used in this paragraph (a), "critical |
25 | | incident" means any incident that involves a serious risk |
26 | | to the life, health, or well-being of the youth and |
|
| | 09900HB0114ham003 | - 4 - | LRB099 03699 SLF 46841 a |
|
|
1 | | includes, but is not limited to, an accident or suicide |
2 | | attempt resulting in serious bodily harm or |
3 | | hospitalization, psychiatric hospitalization, alleged or |
4 | | suspected abuse, or escape or attempted escape from |
5 | | custody, filed within 10 days of the occurrence; |
6 | | (b) a youth who has been released by the Prisoner |
7 | | Review Board but remains in a Department facility solely |
8 | | because the youth does not have an approved aftercare |
9 | | release host site, filed within 10 days of the occurrence; |
10 | | (c) a youth, except a youth who has been adjudicated a |
11 | | habitual or violent juvenile offender under Section 5-815 |
12 | | or 5-820 of this Act or committed for first degree murder, |
13 | | who has been held in a Department facility for over one |
14 | | consecutive year; or |
15 | | (d) if a report has been filed under paragraph (c) of |
16 | | this subsection, a supplemental report shall be filed every |
17 | | 6 months thereafter. |
18 | | The notification required by this subsection (4) shall contain |
19 | | a brief description of the incident or situation and a summary |
20 | | of the youth's current physical, mental, and emotional health |
21 | | and the actions the Department took in response to the incident |
22 | | or to identify an aftercare release host site, as applicable. |
23 | | Upon receipt of the notification, the court may require the |
24 | | Department to make a full report under subsection (1) of this |
25 | | Section. |
26 | | (5) With respect to any report required to be filed with |
|
| | 09900HB0114ham003 | - 5 - | LRB099 03699 SLF 46841 a |
|
|
1 | | the court under this Section, the Independent Juvenile |
2 | | Ombudsman shall provide a copy to the minor's court appointed |
3 | | guardian ad litem, if the Department has received written |
4 | | notice of the appointment, and to the minor's attorney, if the |
5 | | Department has received written notice of representation from |
6 | | the attorney. If the Department has a record that a guardian |
7 | | has been appointed for the minor and a record of the last known |
8 | | address of the minor's court appointed guardian, the |
9 | | Independent Juvenile Ombudsman shall send a notice to the |
10 | | guardian that the report is available and will be provided by |
11 | | the Independent Juvenile Ombudsman upon request. If the |
12 | | Department has no record regarding the appointment of a |
13 | | guardian for the minor, and the Department's records include |
14 | | the last known addresses of the minor's parents, the |
15 | | Independent Juvenile Ombudsman shall send a notice to the |
16 | | parents that the report is available and will be provided by |
17 | | the Independent Juvenile Ombudsman upon request. |
18 | | (Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)".
|