Full Text of SB0193 101st General Assembly
SB0193sam001 101ST GENERAL ASSEMBLY | Sen. Laura Fine Filed: 2/20/2019
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| 1 | | AMENDMENT TO SENATE BILL 193
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 193 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Sections 2-31 and 2-33 as follows:
| 6 | | (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
| 7 | | Sec. 2-31. Duration of wardship and discharge of | 8 | | proceedings.
| 9 | | (1) All proceedings under Article II of this Act in respect | 10 | | of any minor for whom a
petition was filed after the effective | 11 | | date of this amendatory Act of 1991
automatically terminate | 12 | | upon his or her attaining the age of 21 19 years , except that
a | 13 | | court may continue the wardship of a minor until age 21 for | 14 | | good cause
when there is satisfactory evidence presented to the | 15 | | court and the court
makes written factual findings that the | 16 | | health, safety, and best
interest of the minor and the public |
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| 1 | | require the continuation of the wardship . A court shall find | 2 | | that it is in the minor's best interest to continue wardship if | 3 | | the Department of Children and Family Services has not made | 4 | | reasonable efforts to ensure that the minor has documents | 5 | | necessary for adult living as provided in Section 35.10 of the | 6 | | Children and Family Services Act.
| 7 | | (2) Whenever the court determines, and makes written | 8 | | factual findings, that
health, safety, and the best interests | 9 | | of the minor and
the public no longer require the wardship of | 10 | | the court, the court shall
order the wardship terminated and | 11 | | all proceedings under this Act respecting
that minor finally | 12 | | closed and discharged. The court may at the same time
continue | 13 | | or terminate any custodianship or guardianship theretofore | 14 | | ordered
but the termination must be made in compliance with | 15 | | Section 2-28. When terminating wardship under this Section, if | 16 | | the minor is over 18, or if wardship is terminated in | 17 | | conjunction with an order partially or completely emancipating | 18 | | the minor in accordance with the Emancipation of Minors Act, | 19 | | the court shall also make specific findings of fact as to the | 20 | | minor's wishes regarding case closure and the manner in which | 21 | | the minor will maintain independence. The minor's lack of | 22 | | cooperation with services provided by the Department of | 23 | | Children and Family Services shall not by itself be considered | 24 | | sufficient evidence that the minor is prepared to live | 25 | | independently and that it is in the best interest of the minor | 26 | | to terminate wardship. It shall not be in the minor's best |
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| 1 | | interest to terminate wardship of a minor over the age of 18 | 2 | | who is in the guardianship of the Department of Children and | 3 | | Family Services if the Department has not made reasonable | 4 | | efforts to ensure that the minor has documents necessary for | 5 | | adult living as provided in Section 35.10 of the Children and | 6 | | Family Services Act.
| 7 | | (3) The wardship of the minor and any custodianship or | 8 | | guardianship
respecting the minor for whom a petition was filed | 9 | | after the effective
date of this amendatory Act of 1991 | 10 | | automatically terminates when he
attains the age of 19 years | 11 | | except as set forth in subsection (1) of this
Section. The | 12 | | clerk of the court shall at that time record all proceedings
| 13 | | under this Act as finally closed and discharged for that | 14 | | reason. The provisions of this subsection (3) become | 15 | | inoperative on and after the effective date of this amendatory | 16 | | Act of the 101st General Assembly.
| 17 | | (4) Notwithstanding any provision of law to the contrary, | 18 | | the changes made by this amendatory Act of the 101st General | 19 | | Assembly apply to all cases that are pending on or after the | 20 | | effective date of this amendatory Act of the 101st General | 21 | | Assembly. | 22 | | (Source: P.A. 100-680, eff. 1-1-19 .)
| 23 | | (705 ILCS 405/2-33)
| 24 | | Sec. 2-33. Supplemental petition to reinstate wardship.
| 25 | | (1) Any time prior to a minor's 18th birthday, pursuant to |
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| 1 | | a supplemental
petition filed under this Section, the court may | 2 | | reinstate wardship and open a
previously closed case when:
| 3 | | (a) wardship and guardianship under the Juvenile Court | 4 | | Act of 1987 was
vacated in
conjunction with the appointment | 5 | | of a private guardian under the Probate Act of
1975;
| 6 | | (b) the minor is not presently a ward of the court | 7 | | under Article II of
this Act nor is there a petition for | 8 | | adjudication of wardship pending on behalf
of the minor; | 9 | | and
| 10 | | (c) it is in the minor's best interest that wardship be | 11 | | reinstated.
| 12 | | (2) Any time prior to a minor's 21st birthday, pursuant to | 13 | | a supplemental petition filed under this Section, the court may | 14 | | reinstate wardship and open a previously closed case when: | 15 | | (a) wardship and guardianship under this Act was | 16 | | vacated pursuant to: | 17 | | (i) an order entered under subsection (2) of | 18 | | Section 2-31 in the case of a minor over the age of 18; | 19 | | (ii) closure of a case under subsection (2) of | 20 | | Section 2-31 in the case of a minor under the age of 18 | 21 | | who has been partially or completely emancipated in | 22 | | accordance with the Emancipation of Minors Act; or | 23 | | (iii) an order entered under subsection (3) of | 24 | | Section 2-31 based on the minor's attaining the age of | 25 | | 19 years before the effective date of this amendatory | 26 | | Act of the 101st General Assembly ; |
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| 1 | | (b) the minor is not presently a ward of the court | 2 | | under Article II of this Act nor is there a petition for | 3 | | adjudication of wardship pending on behalf of the minor; | 4 | | and | 5 | | (c) it is in the minor's best interest that wardship be | 6 | | reinstated. | 7 | | (3) The supplemental petition must be filed in the same | 8 | | proceeding in which
the original adjudication order was | 9 | | entered. Unless excused by court for good
cause shown, the | 10 | | petitioner shall give notice of the time and place of the
| 11 | | hearing on the supplemental petition, in person or by mail, to | 12 | | the minor, if
the
minor is 14 years of age or older, and to the | 13 | | parties to the juvenile court
proceeding.
Notice shall be | 14 | | provided at least 3 court days in advance of the hearing
date.
| 15 | | (4) A minor who is the subject of a petition to reinstate | 16 | | wardship under this Section shall be provided with | 17 | | representation in accordance with Sections 1-5 and 2-17 of this | 18 | | Act. | 19 | | (5) Whenever a minor is committed to the Department of | 20 | | Children and Family Services for care and services following | 21 | | the reinstatement of wardship under this Section, the | 22 | | Department shall: | 23 | | (a) Within 30 days of such commitment, prepare and file | 24 | | with the court a case plan which complies with the federal | 25 | | Adoption Assistance and Child Welfare Act of 1980 and is | 26 | | consistent with the health, safety and best interests of |
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| 1 | | the minor; and | 2 | | (b) Promptly refer the minor for such services as are | 3 | | necessary and consistent with the minor's health, safety | 4 | | and best interests. | 5 | | (Source: P.A. 96-581, eff. 1-1-10.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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