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1 | AN ACT in relation to parental rights.
| ||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly: | ||||||||||||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as
Parental | ||||||||||||||||||||||||||||||||||
5 | Rights Termination Investigation Agency Act .
| ||||||||||||||||||||||||||||||||||
6 | Section 5. Definition. In this Act, "Agency" means the
| ||||||||||||||||||||||||||||||||||
7 | Parental Rights Termination Investigation Agency established
| ||||||||||||||||||||||||||||||||||
8 | under Section 10.
| ||||||||||||||||||||||||||||||||||
9 | Section 10. Agency established. The Parental Rights
| ||||||||||||||||||||||||||||||||||
10 | Termination Investigation Agency is established in the
| ||||||||||||||||||||||||||||||||||
11 | Executive Branch of the State Government. The Agency shall be
| ||||||||||||||||||||||||||||||||||
12 | under the supervision and direction of a Director appointed
by | ||||||||||||||||||||||||||||||||||
13 | the Governor with the advice and consent of the Senate.
The | ||||||||||||||||||||||||||||||||||
14 | Director shall serve at the pleasure of the Governor. The
| ||||||||||||||||||||||||||||||||||
15 | Director is entitled to an annual salary as set by the
Governor | ||||||||||||||||||||||||||||||||||
16 | from time to time or as set by the Compensation
Review Board, | ||||||||||||||||||||||||||||||||||
17 | whichever is greater. If set by the Governor,
the Director's | ||||||||||||||||||||||||||||||||||
18 | annual salary may not exceed 85% of the
Governor's annual | ||||||||||||||||||||||||||||||||||
19 | salary. The Director, in accordance with
the Personnel Code, | ||||||||||||||||||||||||||||||||||
20 | shall employ and direct personnel as
necessary to carry out the | ||||||||||||||||||||||||||||||||||
21 | purposes of this Act.
| ||||||||||||||||||||||||||||||||||
22 | Section 15. Investigation of cases of termination of
| ||||||||||||||||||||||||||||||||||
23 | parental rights.
| ||||||||||||||||||||||||||||||||||
24 | (a) A person whose parental rights have been terminated
in | ||||||||||||||||||||||||||||||||||
25 | a proceeding under the Juvenile Court Act of 1987 may
request | ||||||||||||||||||||||||||||||||||
26 | the Agency to investigate the circumstances of that
termination | ||||||||||||||||||||||||||||||||||
27 | of parental rights if all of the following
criteria are met: | ||||||||||||||||||||||||||||||||||
28 | (1) The person alleges that his or her parental
rights | ||||||||||||||||||||||||||||||||||
29 | were terminated: (A) as a result of negligence by the
| ||||||||||||||||||||||||||||||||||
30 | Department of Children and Family Services in
|
| |||||||
| |||||||
1 | investigating or prosecuting the case for termination of
| ||||||
2 | the person's parental rights, in that the Department
| ||||||
3 | ignored, or failed to properly investigate, or failed to
| ||||||
4 | bring to the court's attention, evidence mitigating
| ||||||
5 | against termination of those rights; or (B)(i) for a reason | ||||||
6 | or reasons due in substantial part to the person's | ||||||
7 | financial difficulties, (ii) those financial difficulties | ||||||
8 | no longer exist, and (iii) the court that terminated the | ||||||
9 | person's parental rights made no finding that the person | ||||||
10 | had abused the child or children with respect to whom the | ||||||
11 | parental rights were terminated. | ||||||
12 | (2) The person wants his or her parental rights
| ||||||
13 | restored and wants custody of his or her child or
children | ||||||
14 | with respect to whom the parental rights were
terminated. | ||||||
15 | (3) Not more than 3 years have elapsed since the
| ||||||
16 | termination of the person's parental rights. | ||||||
17 | (4) A judgment of adoption has not been entered
with | ||||||
18 | respect to the child with respect to whom the person
wants | ||||||
19 | his or her parental rights restored, nor is there a
| ||||||
20 | petition for adoption pending with respect to the child. | ||||||
21 | (b) As part of an investigation under this Section, the
| ||||||
22 | Agency shall determine whether there is reasonable cause to
| ||||||
23 | believe that the
person's allegations made in accordance with | ||||||
24 | subdivision (a)(1) of this
Section are true. If the Agency
| ||||||
25 | determines that there is such reasonable cause, then upon the
| ||||||
26 | person's request, the Director shall prepare a statement to
be | ||||||
27 | attached to a petition for restoration of parental rights
as | ||||||
28 | provided in Section 2-29.5, 3-30.5, or 4-27.5 of the
Juvenile | ||||||
29 | Court Act of 1987.
| ||||||
30 | Section 20. Agency's access to information;
| ||||||
31 | confidentiality. | ||||||
32 | (a) For the purpose of conducting investigations
| ||||||
33 | authorized under this Act, the Agency is entitled to access
to | ||||||
34 | the records described in Section 11 of the Abused and
Neglected | ||||||
35 | Child Reporting Act and to the juvenile court
records relating |
| |||||||
| |||||||
1 | to a minor who is or has been the subject of
a proceeding under | ||||||
2 | the Juvenile Court Act of 1987. | ||||||
3 | (b) All records generated from investigations conducted
by | ||||||
4 | the Agency under this Act are confidential and may not be
| ||||||
5 | disclosed except to a court in connection with a proceeding
for | ||||||
6 | the restoration of parental rights under Section 2-29.5,
| ||||||
7 | 3-30.5, or 4-27.5 of the Juvenile Court Act of 1987.
| ||||||
8 | Section 90. The Abused and Neglected Child Reporting Act is | ||||||
9 | amended by changing Section 11.1 as follows:
| ||||||
10 | (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
| ||||||
11 | Sec. 11.1. Access to records.
| ||||||
12 | (a) A person shall have access to the
records described in | ||||||
13 | Section 11 only in furtherance of purposes directly
connected | ||||||
14 | with the administration of this Act or the Intergovernmental | ||||||
15 | Missing
Child Recovery Act of 1984. Those persons and purposes | ||||||
16 | for access include:
| ||||||
17 | (1) Department staff in the furtherance of their | ||||||
18 | responsibilities under
this Act, or for the purpose of | ||||||
19 | completing background investigations on
persons or | ||||||
20 | agencies licensed by the Department or with whom the | ||||||
21 | Department
contracts for the provision of child welfare | ||||||
22 | services.
| ||||||
23 | (2) A law enforcement agency investigating known or | ||||||
24 | suspected child abuse
or neglect, known or suspected | ||||||
25 | involvement with child pornography, known or
suspected | ||||||
26 | criminal sexual assault, known or suspected criminal | ||||||
27 | sexual abuse, or
any other sexual offense when a child is | ||||||
28 | alleged to be involved.
| ||||||
29 | (3) The Department of State Police when administering | ||||||
30 | the provisions of
the Intergovernmental Missing Child | ||||||
31 | Recovery Act of 1984.
| ||||||
32 | (4) A physician who has before him a child whom he | ||||||
33 | reasonably
suspects may be abused or neglected.
| ||||||
34 | (5) A person authorized under Section 5 of this Act to |
| |||||||
| |||||||
1 | place a child
in temporary protective custody when such | ||||||
2 | person requires the
information in the report or record to | ||||||
3 | determine whether to place the
child in temporary | ||||||
4 | protective custody.
| ||||||
5 | (6) A person having the legal responsibility or | ||||||
6 | authorization to
care for, treat, or supervise a child or a | ||||||
7 | parent, guardian, or other
person responsible for the | ||||||
8 | child's welfare who is the subject of a report.
| ||||||
9 | (7) Except in regard to harmful or detrimental | ||||||
10 | information as
provided in Section 7.19, any subject of the | ||||||
11 | report, and if the subject of
the report is a minor, his | ||||||
12 | guardian or guardian ad litem.
| ||||||
13 | (8) A court, upon its finding that access to such | ||||||
14 | records may be
necessary for the determination of an issue | ||||||
15 | before such court; however,
such access shall be limited to | ||||||
16 | in camera inspection, unless the court
determines that | ||||||
17 | public disclosure of the information contained therein
is | ||||||
18 | necessary for the resolution of an issue then pending | ||||||
19 | before it.
| ||||||
20 | (8.1) A probation officer or other authorized | ||||||
21 | representative of a
probation or court services department | ||||||
22 | conducting an investigation ordered
by a court under the | ||||||
23 | Juvenile Court Act of l987.
| ||||||
24 | (9) A grand jury, upon its determination that access to | ||||||
25 | such records
is necessary in the conduct of its official | ||||||
26 | business.
| ||||||
27 | (10) Any person authorized by the Director, in writing, | ||||||
28 | for audit or
bona fide research purposes.
| ||||||
29 | (11) Law enforcement agencies, coroners or medical | ||||||
30 | examiners,
physicians, courts, school superintendents and | ||||||
31 | child welfare agencies
in other states who are responsible | ||||||
32 | for child abuse or neglect
investigations or background | ||||||
33 | investigations.
| ||||||
34 | (12) The Department of Professional Regulation, the | ||||||
35 | State Board of
Education and school superintendents in | ||||||
36 | Illinois, who may use or disclose
information from the |
| |||||||
| |||||||
1 | records as they deem necessary to conduct
investigations or | ||||||
2 | take disciplinary action, as provided by law.
| ||||||
3 | (13) A coroner or medical examiner who has reason to
| ||||||
4 | believe that a child has died as the result of abuse or | ||||||
5 | neglect.
| ||||||
6 | (14) The Director of a State-operated facility when an | ||||||
7 | employee of that
facility is the perpetrator in an | ||||||
8 | indicated report.
| ||||||
9 | (15) The operator of a licensed child care facility or | ||||||
10 | a facility licensed
by the Department of Human Services (as | ||||||
11 | successor to the Department of
Alcoholism and Substance | ||||||
12 | Abuse) in which children reside
when a current or | ||||||
13 | prospective employee of that facility is the perpetrator in
| ||||||
14 | an indicated child abuse or neglect report, pursuant to | ||||||
15 | Section 4.3 of the
Child Care Act of 1969.
| ||||||
16 | (16) Members of a multidisciplinary team in the | ||||||
17 | furtherance of its
responsibilities under subsection (b) | ||||||
18 | of Section 7.1. All reports
concerning child abuse and | ||||||
19 | neglect made available to members of such
| ||||||
20 | multidisciplinary teams and all records generated as a | ||||||
21 | result of such
reports shall be confidential and shall not | ||||||
22 | be disclosed, except as
specifically authorized by this Act | ||||||
23 | or other applicable law. It is a Class
A misdemeanor to | ||||||
24 | permit, assist or encourage the unauthorized release of
any | ||||||
25 | information contained in such reports or records. Nothing | ||||||
26 | contained in
this Section prevents the sharing of reports | ||||||
27 | or records relating or pertaining
to the death of a minor | ||||||
28 | under the care of or receiving services from the
Department | ||||||
29 | of Children and Family Services and under the jurisdiction | ||||||
30 | of the
juvenile court with the juvenile court, the State's | ||||||
31 | Attorney, and the minor's
attorney.
| ||||||
32 | (17) The Department of Human Services, as provided
in | ||||||
33 | Section 17 of the Disabled Persons Rehabilitation Act.
| ||||||
34 | (18) Any other agency or investigative body, including | ||||||
35 | the Department of
Public Health and a local board of | ||||||
36 | health, authorized by State law to
conduct an investigation |
| |||||||
| |||||||
1 | into the quality of care provided to children in
hospitals | ||||||
2 | and other State regulated care facilities. The access to | ||||||
3 | and
release of information from such records shall be | ||||||
4 | subject to the approval
of the Director of the Department | ||||||
5 | or his designee.
| ||||||
6 | (19) The person appointed, under Section 2-17 of the | ||||||
7 | Juvenile Court
Act of 1987, as the guardian ad litem of a | ||||||
8 | minor who is the subject of a
report or
records under this | ||||||
9 | Act.
| ||||||
10 | (20) The Department of Human Services, as provided in | ||||||
11 | Section 10 of the
Early
Intervention Services System Act, | ||||||
12 | and the operator of a facility providing
early
intervention | ||||||
13 | services pursuant to that Act, for the purpose of | ||||||
14 | determining
whether a
current or prospective employee who | ||||||
15 | provides or may provide direct services
under that
Act is | ||||||
16 | the perpetrator in an indicated report of child abuse or | ||||||
17 | neglect filed
under this Act. | ||||||
18 | (21) The Parental Rights Termination Investigation | ||||||
19 | Agency, established under the Parental Rights Termination | ||||||
20 | Investigation Agency Act, for the purpose of conducting | ||||||
21 | investigations authorized under that Act.
| ||||||
22 | (b) Nothing contained in this Act prevents the sharing or
| ||||||
23 | disclosure of information or records relating or pertaining to | ||||||
24 | juveniles
subject to the provisions of the Serious Habitual | ||||||
25 | Offender Comprehensive
Action Program when that information is | ||||||
26 | used to assist in the early
identification and treatment of | ||||||
27 | habitual juvenile offenders.
| ||||||
28 | (c) To the extent that persons or agencies are given access | ||||||
29 | to
information pursuant to this Section, those persons or | ||||||
30 | agencies may give this
information to and
receive this | ||||||
31 | information from each other in order to facilitate an
| ||||||
32 | investigation
conducted by those persons or agencies.
| ||||||
33 | (Source: P.A. 93-147, eff. 1-1-04.)
| ||||||
34 | Section 95. The Juvenile Court Act of 1987 is amended by | ||||||
35 | changing Section 1-8 and adding Sections 2-29.5, 3-30.5, and |
| |||||||
| |||||||
1 | 4-27.5 as follows:
| ||||||
2 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
3 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
4 | court records.
| ||||||
5 | (A) Inspection and copying of juvenile court records | ||||||
6 | relating to a minor
who is the subject of a proceeding under | ||||||
7 | this Act shall be restricted to the
following:
| ||||||
8 | (1) The minor who is the subject of record, his | ||||||
9 | parents, guardian
and counsel.
| ||||||
10 | (2) Law enforcement officers and law enforcement | ||||||
11 | agencies when such
information is essential to executing an | ||||||
12 | arrest or search warrant or other
compulsory process, or to | ||||||
13 | conducting an ongoing investigation
or relating to a minor | ||||||
14 | who
has been adjudicated delinquent and there has been a | ||||||
15 | previous finding that
the act which constitutes the | ||||||
16 | previous offense was committed in furtherance
of criminal | ||||||
17 | activities by a criminal street gang.
| ||||||
18 | Before July 1, 1994, for the purposes of this Section, | ||||||
19 | "criminal street
gang" means any ongoing
organization, | ||||||
20 | association, or group of 3 or more persons, whether formal | ||||||
21 | or
informal, having as one of its primary activities the | ||||||
22 | commission of one or
more criminal acts and that has a | ||||||
23 | common name or common identifying sign,
symbol or specific | ||||||
24 | color apparel displayed, and whose members individually
or | ||||||
25 | collectively engage in or have engaged in a pattern of | ||||||
26 | criminal activity.
| ||||||
27 | Beginning July 1, 1994, for purposes of this Section, | ||||||
28 | "criminal street
gang" has the meaning ascribed to it in | ||||||
29 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
30 | Prevention Act.
| ||||||
31 | (3) Judges, hearing officers, prosecutors, probation | ||||||
32 | officers, social
workers or other
individuals assigned by | ||||||
33 | the court to conduct a pre-adjudication or
predisposition | ||||||
34 | investigation, and individuals responsible for supervising
| ||||||
35 | or providing temporary or permanent care and custody for |
| |||||||
| |||||||
1 | minors pursuant
to the order of the juvenile court when | ||||||
2 | essential to performing their
responsibilities.
| ||||||
3 | (4) Judges, prosecutors and probation officers:
| ||||||
4 | (a) in the course of a trial when institution of | ||||||
5 | criminal proceedings
has been permitted or required | ||||||
6 | under Section 5-805; or
| ||||||
7 | (b) when criminal proceedings have been permitted
| ||||||
8 | or
required under Section 5-805 and a minor is the | ||||||
9 | subject of a
proceeding to
determine the amount of | ||||||
10 | bail; or
| ||||||
11 | (c) when criminal proceedings have been permitted
| ||||||
12 | or
required under Section 5-805 and a minor is the | ||||||
13 | subject of a
pre-trial
investigation, pre-sentence | ||||||
14 | investigation or fitness hearing, or
proceedings on an | ||||||
15 | application for probation; or
| ||||||
16 | (d) when a minor becomes 17 years of age or older, | ||||||
17 | and is the subject
of criminal proceedings, including a | ||||||
18 | hearing to determine the amount of
bail, a pre-trial | ||||||
19 | investigation, a pre-sentence investigation, a fitness
| ||||||
20 | hearing, or proceedings on an application for | ||||||
21 | probation.
| ||||||
22 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
23 | (6) Authorized military personnel.
| ||||||
24 | (7) Victims, their subrogees and legal | ||||||
25 | representatives; however, such
persons shall have access | ||||||
26 | only to the name and address of the minor and
information | ||||||
27 | pertaining to the disposition or alternative adjustment | ||||||
28 | plan
of the juvenile court.
| ||||||
29 | (8) Persons engaged in bona fide research, with the | ||||||
30 | permission of the
presiding judge of the juvenile court and | ||||||
31 | the chief executive of the agency
that prepared the | ||||||
32 | particular records; provided that publication of such
| ||||||
33 | research results in no disclosure of a minor's identity and | ||||||
34 | protects the
confidentiality of the record.
| ||||||
35 | (9) The Secretary of State to whom the Clerk of the | ||||||
36 | Court shall report
the disposition of all cases, as |
| |||||||
| |||||||
1 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
2 | However, information reported relative to these offenses | ||||||
3 | shall
be privileged and available only to the Secretary of | ||||||
4 | State, courts, and police
officers.
| ||||||
5 | (10) The administrator of a bonafide substance abuse | ||||||
6 | student
assistance program with the permission of the | ||||||
7 | presiding judge of the
juvenile court.
| ||||||
8 | (11) Mental health professionals on behalf of the | ||||||
9 | Illinois Department of
Corrections or the Department of | ||||||
10 | Human Services or prosecutors who are
evaluating, | ||||||
11 | prosecuting, or investigating a potential or actual | ||||||
12 | petition
brought
under the Sexually Persons Commitment Act | ||||||
13 | relating to a person who is the
subject of
juvenile court | ||||||
14 | records or the respondent to a petition brought under
the
| ||||||
15 | Sexually Violent Persons Commitment Act, who is the subject | ||||||
16 | of juvenile
court records
sought. Any records and any | ||||||
17 | information obtained from those records under this
| ||||||
18 | paragraph (11) may be used only in sexually violent persons | ||||||
19 | commitment
proceedings.
| ||||||
20 | (12) The Parental Rights Termination Investigation | ||||||
21 | Agency, established under the Parental Rights Termination | ||||||
22 | Investigation Agency Act, for the purpose of conducting | ||||||
23 | investigations authorized under that Act.
| ||||||
24 | (B) A minor who is the victim in a juvenile proceeding | ||||||
25 | shall be
provided the same confidentiality regarding | ||||||
26 | disclosure of identity as the
minor who is the subject of | ||||||
27 | record.
| ||||||
28 | (C) Except as otherwise provided in this subsection (C), | ||||||
29 | juvenile court
records shall not be made available to the | ||||||
30 | general public
but may be inspected by representatives of | ||||||
31 | agencies, associations and news
media or other properly | ||||||
32 | interested persons by general or special order of
the court. | ||||||
33 | The State's Attorney, the minor, his parents, guardian and | ||||||
34 | counsel
shall at all times have the right to examine court | ||||||
35 | files and records.
| ||||||
36 | (1) The
court shall allow the general public to have |
| |||||||
| |||||||
1 | access to the name, address, and offense of a minor
who is | ||||||
2 | adjudicated a delinquent minor under this Act under either | ||||||
3 | of the
following circumstances:
| ||||||
4 | (A) The
adjudication of
delinquency was based upon | ||||||
5 | the
minor's
commission of first degree murder, attempt | ||||||
6 | to commit first degree
murder, aggravated criminal | ||||||
7 | sexual assault, or criminal sexual assault; or
| ||||||
8 | (B) The court has made a finding that the minor was | ||||||
9 | at least 13 years of
age
at the time the act was | ||||||
10 | committed and the adjudication of delinquency was | ||||||
11 | based
upon the minor's commission of: (i)
an act in | ||||||
12 | furtherance of the commission of a felony as a member | ||||||
13 | of or on
behalf of a criminal street
gang, (ii) an act | ||||||
14 | involving the use of a firearm in the commission of a
| ||||||
15 | felony, (iii) an act that would be a Class X felony | ||||||
16 | offense
under or
the minor's second or subsequent
Class | ||||||
17 | 2 or greater felony offense under the Cannabis Control | ||||||
18 | Act if committed by an adult,
(iv) an act that would be | ||||||
19 | a second or subsequent offense under Section 402 of
the | ||||||
20 | Illinois Controlled Substances Act if committed by an | ||||||
21 | adult, or (v) an act
that would be an offense under | ||||||
22 | Section 401 of the Illinois Controlled
Substances Act | ||||||
23 | if committed by an adult.
| ||||||
24 | (2) The court
shall allow the general public to have | ||||||
25 | access to the name, address, and offense of a minor who is | ||||||
26 | at least 13 years of age at
the time the offense
is | ||||||
27 | committed and who is convicted, in criminal proceedings
| ||||||
28 | permitted or required under Section 5-4, under either of | ||||||
29 | the following
circumstances:
| ||||||
30 | (A) The minor has been convicted of first degree | ||||||
31 | murder, attempt
to commit first degree
murder, | ||||||
32 | aggravated criminal sexual
assault, or criminal sexual | ||||||
33 | assault,
| ||||||
34 | (B) The court has made a finding that the minor was | ||||||
35 | at least 13 years
of age
at the time the offense was | ||||||
36 | committed and the conviction was based upon the
minor's |
| |||||||
| |||||||
1 | commission of: (i)
an offense in
furtherance of the | ||||||
2 | commission of a felony as a member of or on behalf of a
| ||||||
3 | criminal street gang, (ii) an offense
involving the use | ||||||
4 | of a firearm in the commission of a felony, (iii)
a | ||||||
5 | Class X felony offense under or a second or subsequent | ||||||
6 | Class 2 or
greater felony offense under the Cannabis | ||||||
7 | Control Act, (iv) a
second or subsequent offense under | ||||||
8 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
9 | or (v) an offense under Section 401 of the Illinois
| ||||||
10 | Controlled Substances Act.
| ||||||
11 | (D) Pending or following any adjudication of delinquency | ||||||
12 | for
any offense defined
in Sections 12-13 through 12-16 of the | ||||||
13 | Criminal Code of 1961,
the victim of any such offense shall | ||||||
14 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
15 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
16 | juvenile who is the subject of the adjudication, | ||||||
17 | notwithstanding any other
provision of this Act, shall be | ||||||
18 | treated
as an adult for the purpose of affording such rights to | ||||||
19 | the victim.
| ||||||
20 | (E) Nothing in this Section shall affect the right of a | ||||||
21 | Civil Service
Commission or appointing authority of any state, | ||||||
22 | county or municipality
examining the character and fitness of
| ||||||
23 | an applicant for employment with a law enforcement
agency, | ||||||
24 | correctional institution, or fire department to
ascertain
| ||||||
25 | whether that applicant was ever adjudicated to be a delinquent | ||||||
26 | minor and,
if so, to examine the records of disposition or | ||||||
27 | evidence which were made in
proceedings under this Act.
| ||||||
28 | (F) Following any adjudication of delinquency for a crime | ||||||
29 | which would be
a felony if committed by an adult, or following | ||||||
30 | any adjudication of delinquency
for a violation of Section | ||||||
31 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | ||||||
32 | State's Attorney shall ascertain
whether the minor respondent | ||||||
33 | is enrolled in school and, if so, shall provide
a copy of the | ||||||
34 | dispositional order to the principal or chief administrative
| ||||||
35 | officer of the school. Access to such juvenile records shall be | ||||||
36 | limited
to the principal or chief administrative officer of the |
| |||||||
| |||||||
1 | school and any guidance
counselor designated by him.
| ||||||
2 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
3 | disclosure of information or records relating or pertaining to | ||||||
4 | juveniles
subject to the provisions of the Serious Habitual | ||||||
5 | Offender Comprehensive
Action Program when that information is | ||||||
6 | used to assist in the early
identification and treatment of | ||||||
7 | habitual juvenile offenders.
| ||||||
8 | (H) When a Court hearing a proceeding under Article II of | ||||||
9 | this Act becomes
aware that an earlier proceeding under Article | ||||||
10 | II had been heard in a different
county, that Court shall | ||||||
11 | request, and the Court in which the earlier
proceedings were | ||||||
12 | initiated shall transmit, an authenticated copy of the Court
| ||||||
13 | record, including all documents, petitions, and orders filed | ||||||
14 | therein and the
minute orders, transcript of proceedings, and | ||||||
15 | docket entries of the Court.
| ||||||
16 | (I) The Clerk of the Circuit Court shall report to the | ||||||
17 | Department of
State
Police, in the form and manner required by | ||||||
18 | the Department of State Police, the
final disposition of each | ||||||
19 | minor who has been arrested or taken into custody
before his or | ||||||
20 | her 17th birthday for those offenses required to be reported
| ||||||
21 | under Section 5 of the Criminal Identification Act. Information | ||||||
22 | reported to
the Department under this Section may be maintained | ||||||
23 | with records that the
Department files under Section 2.1 of the | ||||||
24 | Criminal Identification Act.
| ||||||
25 | (Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00, | ||||||
26 | 92-415, eff.
8-17-01.)
| ||||||
27 | (705 ILCS 405/2-29.5 new)
| ||||||
28 | Sec. 2-29.5. Restoration of parental rights. | ||||||
29 | (a) A person whose parental rights with respect to a minor | ||||||
30 | have been
terminated
by a court under Section 2-29 may file | ||||||
31 | with the court a petition for
restoration of those
parental | ||||||
32 | rights. The parents of a minor may file a joint petition. The
| ||||||
33 | petitioner must
attach to the petition a statement signed by | ||||||
34 | the Director of the Parental
Rights
Termination Investigation
| ||||||
35 | Agency or his or her designee and setting forth, in substance, |
| |||||||
| |||||||
1 | the following:
| ||||||
2 | (1) The Agency has conducted an investigation of the | ||||||
3 | circumstances of the
termination of the petitioner's | ||||||
4 | parental rights as authorized under the
Parental
Rights | ||||||
5 | Termination Investigation Agency Act.
| ||||||
6 | (2) The Agency has determined that there is reasonable | ||||||
7 | cause to believe
that: (A) the petitioner's parental rights | ||||||
8 | were terminated as a result of negligence by the Department | ||||||
9 | of Children and Family Services in investigating or | ||||||
10 | prosecuting the case for termination of the petitioner's | ||||||
11 | parental rights, in that the Department ignored, or failed | ||||||
12 | to properly investigate, or failed to bring to the court's | ||||||
13 | attention, evidence mitigating against termination of the | ||||||
14 | petitioner's parental rights; or (B)(i) the petitioner's | ||||||
15 | parental rights were terminated
for a reason or reasons due | ||||||
16 | in substantial part to the person's financial
| ||||||
17 | difficulties, (ii)
those financial difficulties no longer | ||||||
18 | exist, and (iii) the court that
terminated the person's
| ||||||
19 | parental rights made no finding that the person had abused | ||||||
20 | the child or
children with
respect to whom the parental | ||||||
21 | rights were terminated.
| ||||||
22 | The Director's statement must also include a summary of the | ||||||
23 | Agency's findings
with respect to the investigation.
| ||||||
24 | (b) A petition filed under this Section shall name the | ||||||
25 | guardian of the
person
of the
minor as respondent.
| ||||||
26 | (c) The State shall pay the petitioner's reasonable | ||||||
27 | attorney's fees incurred
in
maintaining an action under this | ||||||
28 | Section.
| ||||||
29 | (d) The court shall conduct a hearing on the petition, at | ||||||
30 | which the
petitioner and
the respondent may present oral or | ||||||
31 | written evidence, or both, on the question
of whether
the | ||||||
32 | petitioner's parental rights should be restored. After hearing | ||||||
33 | the
evidence, the court
shall grant or deny the petition or | ||||||
34 | take other action, based on the evidence,
as it deems
| ||||||
35 | appropriate.
|
| |||||||
| |||||||
1 | (705 ILCS 405/3-30.5 new)
| ||||||
2 | Sec. 3-30.5. Restoration of parental rights.
| ||||||
3 | (a) A person whose parental rights with respect to a minor | ||||||
4 | have been
terminated
by a court under Section 3-30 may file | ||||||
5 | with the court a petition for
restoration of those
parental | ||||||
6 | rights. The parents of a minor may file a joint petition. The
| ||||||
7 | petitioner must
attach to the petition a statement signed by | ||||||
8 | the Director of the Parental
Rights
Termination Investigation
| ||||||
9 | Agency or his or her designee and setting forth, in substance, | ||||||
10 | the following:
| ||||||
11 | (1) The Agency has conducted an investigation of the | ||||||
12 | circumstances of the
termination of the petitioner's | ||||||
13 | parental rights as authorized under the
Parental
Rights | ||||||
14 | Termination Investigation Agency Act.
| ||||||
15 | (2) The Agency has determined that there is reasonable | ||||||
16 | cause to believe
that: (A) the petitioner's parental rights | ||||||
17 | were terminated as a result of negligence by the Department | ||||||
18 | of Children and Family Services in investigating or | ||||||
19 | prosecuting the case for termination of the petitioner's | ||||||
20 | parental rights, in that the Department ignored, or failed | ||||||
21 | to properly investigate, or failed to bring to the court's | ||||||
22 | attention, evidence mitigating against termination of the | ||||||
23 | petitioner's parental rights; or (B)(i) the petitioner's | ||||||
24 | parental rights were terminated
for a reason or reasons due | ||||||
25 | in substantial part to the person's financial
| ||||||
26 | difficulties, (ii)
those financial difficulties no longer | ||||||
27 | exist, and (iii) the court that
terminated the person's
| ||||||
28 | parental rights made no finding that the person had abused | ||||||
29 | the child or
children with
respect to whom the parental | ||||||
30 | rights were terminated.
| ||||||
31 | The Director's statement must also include a summary of the | ||||||
32 | Agency's findings
with respect to the investigation.
| ||||||
33 | (b) A petition filed under this Section shall name the | ||||||
34 | guardian of the
person
of the
minor as respondent.
| ||||||
35 | (c) The State shall pay the petitioner's reasonable | ||||||
36 | attorney's fees incurred
in
maintaining an action under this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (d) The court shall conduct a hearing on the petition, at | ||||||
3 | which the
petitioner
and
the respondent may present oral or | ||||||
4 | written evidence, or both, on the question
of whether
the | ||||||
5 | petitioner's parental rights should be restored. After hearing | ||||||
6 | the
evidence, the court
shall grant or deny the petition or | ||||||
7 | take other action, based on the evidence,
as it deems
| ||||||
8 | appropriate.
| ||||||
9 | (705 ILCS 405/4-27.5 new)
| ||||||
10 | Sec. 4-27.5. Restoration of parental rights.
| ||||||
11 | (a) A person whose parental rights with respect to a minor | ||||||
12 | have been
terminated
by a court under Section 4-27 may file | ||||||
13 | with the court a petition for
restoration of those
parental | ||||||
14 | rights. The parents of a minor may file a joint petition. The
| ||||||
15 | petitioner must
attach to the petition a statement signed by | ||||||
16 | the Director of the Parental
Rights
Termination Investigation
| ||||||
17 | Agency or his or her designee and setting forth, in substance, | ||||||
18 | the following:
| ||||||
19 | (1) The Agency has conducted an investigation of the | ||||||
20 | circumstances of the
termination of the petitioner's | ||||||
21 | parental rights as authorized under the
Parental
Rights | ||||||
22 | Termination Investigation Agency Act.
| ||||||
23 | (2) The Agency has determined that there is reasonable | ||||||
24 | cause to believe
that: (A) the petitioner's parental rights | ||||||
25 | were terminated as a result of negligence by the Department | ||||||
26 | of Children and Family Services in investigating or | ||||||
27 | prosecuting the case for termination of the petitioner's | ||||||
28 | parental rights, in that the Department ignored, or failed | ||||||
29 | to properly investigate, or failed to bring to the court's | ||||||
30 | attention, evidence mitigating against termination of the | ||||||
31 | petitioner's parental rights; or (B)(i) the petitioner's | ||||||
32 | parental rights were terminated for a reason or reasons due | ||||||
33 | in substantial part to the person's financial
| ||||||
34 | difficulties, (ii)
those financial difficulties no longer | ||||||
35 | exist, and (iii) the court that
terminated the person's
|
| |||||||
| |||||||
1 | parental rights made no finding that the person had abused | ||||||
2 | the child or
children with
respect to whom the parental | ||||||
3 | rights were terminated.
| ||||||
4 | The Director's statement must also include a summary of the | ||||||
5 | Agency's findings
with respect to the investigation.
| ||||||
6 | (b) A petition filed under this Section shall name the | ||||||
7 | guardian of the
person of the
minor as respondent.
| ||||||
8 | (c) The State shall pay the petitioner's reasonable | ||||||
9 | attorney's fees incurred
in
maintaining an action under this | ||||||
10 | Section.
| ||||||
11 | (d) The court shall conduct a hearing on the petition, at | ||||||
12 | which the
petitioner
and
the respondent may present oral or | ||||||
13 | written evidence, or both, on the question
of whether
the | ||||||
14 | petitioner's parental rights should be restored. After hearing | ||||||
15 | the
evidence, the court
shall grant or deny the petition or | ||||||
16 | take other action, based on the evidence,
as it deems
| ||||||
17 | appropriate.
|