94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0030


 
Introduced 1/26/2005, by Sen. William R. Haine
 
SYNOPSIS AS INTRODUCED:
 		














705 ILCS 405/3-33
  from Ch. 37, par. 803-33








    Amends the Juvenile Court Act of 1987.  Provides that a chronic truant may be subject to a petition as a truant minor in need of supervision, provided that prior to the filing of the petition, a comprehensive community based youth service agency shall have certified that the minor has been referred to that agency for truancy intervention services, and the regional superintendent or Office of Chronic Truant Adjudication shall have certified that truancy intervention services have not resulted in the cessation of chronic truancy after 180 days of the referral for truancy intervention services.  Defines "truancy intervention services" as  services provided by a comprehensive community based youth service agency that are designed to assist the minor's return to an educational program, and includes assessments, counseling, mental health services, shelter, tutoring, and educational advocacy.
















LRB094 03559 RLC 33563 b

















 


 


A BILL FOR









 











SB0030

LRB094 03559 RLC 33563 b






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    AN ACT concerning courts.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Juvenile Court Act of 1987 is amended  by 
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changing Section 3-33 as follows:
 



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    (705 ILCS 405/3-33)  (from Ch. 37, par. 803-33)



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    Sec. 3-33. Truant Minor in Need of Supervision. 

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    (a) Definition.  A
minor who is reported by a regional 
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superintendent of schools,
or except in cities of over 500,000 
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inhabitants, by the Office of Chronic Truant
Adjudication,
as a 
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chronic truant may be subject to a petition as and shall be 
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adjudged a
truant minor in need of supervision, provided that 
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prior to the filing of the petition, a comprehensive community 
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based youth service agency shall have certified that the minor 
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has been referred to that agency for truancy intervention 
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services, and the regional superintendent or Office of Chronic 
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Truant Adjudication shall have certified that truancy 
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intervention services have not resulted in the cessation of 
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chronic truancy after 180 days of the referral for truancy 
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intervention services.

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    (a-1) There is a rebuttable presumption that a chronic 
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truant is a truant
minor in need of supervision.

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    (a-2) There is a rebuttable presumption that school records 
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of a minor's
attendance at school are authentic.

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    (a-3) For purposes of this Section, "chronic truant" means 
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a minor subject to compulsory school attendance and who is 
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absent without valid cause from such attendance for 10% or more 
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of the previous 180 regular attendance days, and has the 
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meaning
ascribed to it in Section 26-2a of the School Code.

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    (a-4) For purposes of this Section, "truancy intervention 
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services" means services provided by a comprehensive community 
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based youth service agency that are designed to assist the 
 


 






SB0030
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minor's return to an educational program, and includes 
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assessments, counseling, mental health services, shelter, 
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tutoring, and educational advocacy.

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    (b) Kinds of dispositional orders.  A minor adjudicated

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found to be a truant minor
in need of supervision may be:


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        (1) committed to the appropriate
regional 
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    superintendent of schools for a multi-disciplinary case 
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    staffing,
individualized
educational plan or service plan, 
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    or referral to comprehensive
community-based youth 
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    services;


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        (2) required to comply with an individualized 
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    educational plan or service
plan as specifically provided 
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    by the appropriate regional superintendent of
schools;


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        (3) ordered to obtain counseling or other supportive 
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    services;


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        (4) subject to a fine in an amount in excess of $5, but 
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    not exceeding
$100, and each day of absence without valid 
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    cause as defined in Section 26-2a
of The School Code is a 
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    separate offense;


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        (5) required to perform some reasonable public service 
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    work such as, but
not limited to, the picking up of litter 
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    in public parks or along public
highways or the maintenance 
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    of public facilities; or


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        (6) subject to having his or her driver's license or 
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    driving privilege
suspended for a period of time as 
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    determined by the court but only until he
or she attains 18 
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    years of age.

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    A dispositional order may include a fine, public service, 
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or
suspension of a driver's license or privilege only if the 
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court has made an
express written finding that a truancy 
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prevention program has been offered by
the school, regional 
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superintendent of schools, or a comprehensive community based 
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youth social service
agency to the truant minor in need of 
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supervision.

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    (c)
Orders entered under this Section may be enforced by 
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contempt
proceedings.

 


 






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(Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97; 
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90-590, eff.
1-1-99; 90-655, eff. 7-30-98.)