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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Children and Family Services Act is amended | ||||||
5 | by changing Section 5 as follows:
| ||||||
6 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
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7 | Sec. 5. Direct child welfare services; Department of | ||||||
8 | Children and Family
Services. To provide direct child welfare | ||||||
9 | services when not available
through other public or private | ||||||
10 | child care or program facilities.
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11 | (a) For purposes of this Section:
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12 | (1) "Children" means persons found within the State who | ||||||
13 | are under the
age of 18 years. The term also includes | ||||||
14 | persons under age 19 who:
| ||||||
15 | (A) were committed to the Department pursuant to | ||||||
16 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
17 | 1987, as amended, prior to
the age of 18 and who | ||||||
18 | continue under the jurisdiction of the court; or
| ||||||
19 | (B) were accepted for care, service and training by
| ||||||
20 | the Department prior to the age of 18 and whose best | ||||||
21 | interest in the
discretion of the Department would be | ||||||
22 | served by continuing that care,
service and training | ||||||
23 | because of severe emotional disturbances, physical
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1 | disability, social adjustment or any combination | ||||||
2 | thereof, or because of the
need to complete an | ||||||
3 | educational or vocational training program.
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4 | (2) "Homeless youth" means persons found within the
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5 | State who are under the age of 19, are not in a safe and | ||||||
6 | stable living
situation and cannot be reunited with their | ||||||
7 | families.
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8 | (3) "Child welfare services" means public social | ||||||
9 | services which are
directed toward the accomplishment of | ||||||
10 | the following purposes:
| ||||||
11 | (A) protecting and promoting the health, safety | ||||||
12 | and welfare of
children,
including homeless, dependent | ||||||
13 | or neglected children;
| ||||||
14 | (B) remedying, or assisting in the solution
of | ||||||
15 | problems which may result in, the neglect, abuse, | ||||||
16 | exploitation or
delinquency of children;
| ||||||
17 | (C) preventing the unnecessary separation of | ||||||
18 | children
from their families by identifying family | ||||||
19 | problems, assisting families in
resolving their | ||||||
20 | problems, and preventing the breakup of the family
| ||||||
21 | where the prevention of child removal is desirable and | ||||||
22 | possible when the
child can be cared for at home | ||||||
23 | without endangering the child's health and
safety;
| ||||||
24 | (D) restoring to their families children who have | ||||||
25 | been
removed, by the provision of services to the child | ||||||
26 | and the families when the
child can be cared for at |
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1 | home without endangering the child's health and
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2 | safety;
| ||||||
3 | (E) placing children in suitable adoptive homes, | ||||||
4 | in
cases where restoration to the biological family is | ||||||
5 | not safe, possible or
appropriate;
| ||||||
6 | (F) assuring safe and adequate care of children | ||||||
7 | away from their
homes, in cases where the child cannot | ||||||
8 | be returned home or cannot be placed
for adoption. At | ||||||
9 | the time of placement, the Department shall consider
| ||||||
10 | concurrent planning,
as described in subsection (l-1) | ||||||
11 | of this Section so that permanency may
occur at the | ||||||
12 | earliest opportunity. Consideration should be given so | ||||||
13 | that if
reunification fails or is delayed, the | ||||||
14 | placement made is the best available
placement to | ||||||
15 | provide permanency for the child;
| ||||||
16 | (G) (blank);
| ||||||
17 | (H) (blank); and
| ||||||
18 | (I) placing and maintaining children in facilities | ||||||
19 | that provide
separate living quarters for children | ||||||
20 | under the age of 18 and for children
18 years of age | ||||||
21 | and older, unless a child 18 years of age is in the | ||||||
22 | last
year of high school education or vocational | ||||||
23 | training, in an approved
individual or group treatment | ||||||
24 | program, in a licensed shelter facility,
or secure | ||||||
25 | child care facility.
The Department is not required to | ||||||
26 | place or maintain children:
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1 | (i) who are in a foster home, or
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2 | (ii) who are persons with a developmental | ||||||
3 | disability, as defined in
the Mental
Health and | ||||||
4 | Developmental Disabilities Code, or
| ||||||
5 | (iii) who are female children who are | ||||||
6 | pregnant, pregnant and
parenting or parenting, or
| ||||||
7 | (iv) who are siblings, in facilities that | ||||||
8 | provide separate living quarters for children 18
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9 | years of age and older and for children under 18 | ||||||
10 | years of age.
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11 | (b) Nothing in this Section shall be construed to authorize | ||||||
12 | the
expenditure of public funds for the purpose of performing | ||||||
13 | abortions.
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14 | (c) The Department shall establish and maintain | ||||||
15 | tax-supported child
welfare services and extend and seek to | ||||||
16 | improve voluntary services
throughout the State, to the end | ||||||
17 | that services and care shall be available
on an equal basis | ||||||
18 | throughout the State to children requiring such services.
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19 | (d) The Director may authorize advance disbursements for | ||||||
20 | any new program
initiative to any agency contracting with the | ||||||
21 | Department. As a
prerequisite for an advance disbursement, the | ||||||
22 | contractor must post a
surety bond in the amount of the advance | ||||||
23 | disbursement and have a
purchase of service contract approved | ||||||
24 | by the Department. The Department
may pay up to 2 months | ||||||
25 | operational expenses in advance. The amount of the
advance | ||||||
26 | disbursement shall be prorated over the life of the contract
or |
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1 | the remaining months of the fiscal year, whichever is less, and | ||||||
2 | the
installment amount shall then be deducted from future | ||||||
3 | bills. Advance
disbursement authorizations for new initiatives | ||||||
4 | shall not be made to any
agency after that agency has operated | ||||||
5 | during 2 consecutive fiscal years.
The requirements of this | ||||||
6 | Section concerning advance disbursements shall
not apply with | ||||||
7 | respect to the following: payments to local public agencies
for | ||||||
8 | child day care services as authorized by Section 5a of this | ||||||
9 | Act; and
youth service programs receiving grant funds under | ||||||
10 | Section 17a-4.
| ||||||
11 | (e) (Blank).
| ||||||
12 | (f) (Blank).
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13 | (g) The Department shall establish rules and regulations | ||||||
14 | concerning
its operation of programs designed to meet the goals | ||||||
15 | of child safety and
protection,
family preservation, family | ||||||
16 | reunification, and adoption, including but not
limited to:
| ||||||
17 | (1) adoption;
| ||||||
18 | (2) foster care;
| ||||||
19 | (3) family counseling;
| ||||||
20 | (4) protective services;
| ||||||
21 | (5) (blank);
| ||||||
22 | (6) homemaker service;
| ||||||
23 | (7) return of runaway children;
| ||||||
24 | (8) (blank);
| ||||||
25 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
26 | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile |
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1 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
2 | Assistance and Child Welfare Act of
1980; and
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3 | (10) interstate services.
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4 | Rules and regulations established by the Department shall | ||||||
5 | include
provisions for training Department staff and the staff | ||||||
6 | of Department
grantees, through contracts with other agencies | ||||||
7 | or resources, in alcohol
and drug abuse screening techniques | ||||||
8 | approved by the Department of Human
Services, as a successor to | ||||||
9 | the Department of Alcoholism and Substance Abuse,
for the | ||||||
10 | purpose of identifying children and adults who
should be | ||||||
11 | referred to an alcohol and drug abuse treatment program for
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12 | professional evaluation.
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13 | (h) If the Department finds that there is no appropriate | ||||||
14 | program or
facility within or available to the Department for a | ||||||
15 | ward and that no
licensed private facility has an adequate and | ||||||
16 | appropriate program or none
agrees to accept the ward, the | ||||||
17 | Department shall create an appropriate
individualized, | ||||||
18 | program-oriented plan for such ward. The
plan may be developed | ||||||
19 | within the Department or through purchase of services
by the | ||||||
20 | Department to the extent that it is within its statutory | ||||||
21 | authority
to do.
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22 | (i) Service programs shall be available throughout the | ||||||
23 | State and shall
include but not be limited to the following | ||||||
24 | services:
| ||||||
25 | (1) case management;
| ||||||
26 | (2) homemakers;
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| |||||||
1 | (3) counseling;
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2 | (4) parent education;
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3 | (5) day care; and
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4 | (6) emergency assistance and advocacy.
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5 | In addition, the following services may be made available | ||||||
6 | to assess and
meet the needs of children and families:
| ||||||
7 | (1) comprehensive family-based services;
| ||||||
8 | (2) assessments;
| ||||||
9 | (3) respite care; and
| ||||||
10 | (4) in-home health services.
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11 | The Department shall provide transportation for any of the | ||||||
12 | services it
makes available to children or families or for | ||||||
13 | which it refers children
or families.
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14 | (j) The Department may provide categories of financial | ||||||
15 | assistance and
education assistance grants, and shall
| ||||||
16 | establish rules and regulations concerning the assistance and | ||||||
17 | grants, to
persons who
adopt physically or mentally | ||||||
18 | handicapped, older and other hard-to-place
children who (i) | ||||||
19 | immediately prior to their adoption were legal wards of
the | ||||||
20 | Department
or (ii) were determined eligible for financial | ||||||
21 | assistance with respect to a
prior adoption and who become | ||||||
22 | available for adoption because the
prior adoption has been | ||||||
23 | dissolved and the parental rights of the adoptive
parents have | ||||||
24 | been
terminated or because the child's adoptive parents have | ||||||
25 | died.
The Department may, subject to federal financial | ||||||
26 | participation in the cost, continue to provide financial |
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| |||||||
1 | assistance and education assistance grants for a child who was | ||||||
2 | determined eligible for financial assistance under this | ||||||
3 | subsection (j) in the interim period beginning when the child's | ||||||
4 | adoptive parents died and ending with the finalization of the | ||||||
5 | new adoption of the child by another adoptive parent or | ||||||
6 | parents. The Department may also provide categories of | ||||||
7 | financial
assistance and education assistance grants, and
| ||||||
8 | shall establish rules and regulations for the assistance and | ||||||
9 | grants, to persons
appointed guardian of the person under | ||||||
10 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
11 | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
12 | who were wards of the Department for 12 months immediately
| ||||||
13 | prior to the appointment of the guardian.
| ||||||
14 | The amount of assistance may vary, depending upon the needs | ||||||
15 | of the child
and the adoptive parents,
as set forth in the | ||||||
16 | annual
assistance agreement. Special purpose grants are | ||||||
17 | allowed where the child
requires special service but such costs | ||||||
18 | may not exceed the amounts
which similar services would cost | ||||||
19 | the Department if it were to provide or
secure them as guardian | ||||||
20 | of the child.
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21 | Any financial assistance provided under this subsection is
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22 | inalienable by assignment, sale, execution, attachment, | ||||||
23 | garnishment, or any
other remedy for recovery or collection of | ||||||
24 | a judgment or debt.
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25 | (j-5) The Department shall not deny or delay the placement | ||||||
26 | of a child for
adoption
if an approved family is available |
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1 | either outside of the Department region
handling the case,
or | ||||||
2 | outside of the State of Illinois.
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3 | (k) The Department shall accept for care and training any | ||||||
4 | child who has
been adjudicated neglected or abused, or | ||||||
5 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
6 | the Juvenile Court Act of 1987.
| ||||||
7 | (l) Before July 1, 2000, the Department may provide, and | ||||||
8 | beginning
July 1, 2000, the Department shall
offer family | ||||||
9 | preservation services, as defined in Section 8.2 of the Abused
| ||||||
10 | and
Neglected Child
Reporting Act, to help families, including | ||||||
11 | adoptive and extended families.
Family preservation
services | ||||||
12 | shall be offered (i) to prevent the
placement
of children in
| ||||||
13 | substitute care when the children can be cared for at home or | ||||||
14 | in the custody of
the person
responsible for the children's | ||||||
15 | welfare,
(ii) to
reunite children with their families, or (iii) | ||||||
16 | to
maintain an adoptive placement. Family preservation | ||||||
17 | services shall only be
offered when doing so will not endanger | ||||||
18 | the children's health or safety. With
respect to children who | ||||||
19 | are in substitute care pursuant to the Juvenile Court
Act of | ||||||
20 | 1987, family preservation services shall not be offered if a | ||||||
21 | goal other
than those of subdivisions (A), (B), or (B-1) of | ||||||
22 | subsection (2) of Section 2-28
of
that Act has been set.
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23 | Nothing in this paragraph shall be construed to create a | ||||||
24 | private right of
action or claim on the part of any individual | ||||||
25 | or child welfare agency.
| ||||||
26 | The Department shall notify the child and his family of the
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1 | Department's
responsibility to offer and provide family | ||||||
2 | preservation services as
identified in the service plan. The | ||||||
3 | child and his family shall be eligible
for services as soon as | ||||||
4 | the report is determined to be "indicated". The
Department may | ||||||
5 | offer services to any child or family with respect to whom a
| ||||||
6 | report of suspected child abuse or neglect has been filed, | ||||||
7 | prior to
concluding its investigation under Section 7.12 of the | ||||||
8 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
9 | or family's willingness to
accept services shall not be | ||||||
10 | considered in the investigation. The
Department may also | ||||||
11 | provide services to any child or family who is the
subject of | ||||||
12 | any report of suspected child abuse or neglect or may refer | ||||||
13 | such
child or family to services available from other agencies | ||||||
14 | in the community,
even if the report is determined to be | ||||||
15 | unfounded, if the conditions in the
child's or family's home | ||||||
16 | are reasonably likely to subject the child or
family to future | ||||||
17 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
18 | services shall be voluntary.
| ||||||
19 | The Department may, at its discretion except for those | ||||||
20 | children also
adjudicated neglected or dependent, accept for | ||||||
21 | care and training any child
who has been adjudicated addicted, | ||||||
22 | as a truant minor in need of
supervision or as a minor | ||||||
23 | requiring authoritative intervention, under the
Juvenile Court | ||||||
24 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
25 | be committed to the Department by any court without the | ||||||
26 | approval of
the Department. A minor charged with a criminal |
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| |||||||
1 | offense under the Criminal
Code of 1961 or adjudicated | ||||||
2 | delinquent shall not be placed in the custody of or
committed | ||||||
3 | to the Department by any court, except a minor less than 15
13
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4 | years
of age committed to the Department under Section 5-710 of | ||||||
5 | the Juvenile Court
Act
of 1987 or a minor for whom an | ||||||
6 | independent basis of abuse, neglect, or dependency exists, | ||||||
7 | which must be defined by departmental rule. An independent | ||||||
8 | basis exists when the allegations or adjudication of abuse, | ||||||
9 | neglect, or dependency do not arise from the same facts, | ||||||
10 | incident, or circumstances which give rise to a charge or | ||||||
11 | adjudication of delinquency .
| ||||||
12 | (l-1) The legislature recognizes that the best interests of | ||||||
13 | the child
require that
the child be placed in the most | ||||||
14 | permanent living arrangement as soon as is
practically
| ||||||
15 | possible. To achieve this goal, the legislature directs the | ||||||
16 | Department of
Children and
Family Services to conduct | ||||||
17 | concurrent planning so that permanency may occur at
the
| ||||||
18 | earliest opportunity. Permanent living arrangements may | ||||||
19 | include prevention of
placement of a child outside the home of | ||||||
20 | the family when the child can be cared
for at
home without | ||||||
21 | endangering the child's health or safety; reunification with | ||||||
22 | the
family,
when safe and appropriate, if temporary placement | ||||||
23 | is necessary; or movement of
the child
toward the most | ||||||
24 | permanent living arrangement and permanent legal status.
| ||||||
25 | When determining reasonable efforts to be made with respect | ||||||
26 | to a child, as
described in this
subsection, and in making such |
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| |||||||
1 | reasonable efforts, the child's health and
safety shall be the
| ||||||
2 | paramount concern.
| ||||||
3 | When a child is placed in foster care, the Department shall | ||||||
4 | ensure and
document that reasonable efforts were made to | ||||||
5 | prevent or eliminate the need to
remove the child from the | ||||||
6 | child's home. The Department must make
reasonable efforts to | ||||||
7 | reunify the family when temporary placement of the child
occurs
| ||||||
8 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
9 | of 1987.
At any time after the dispositional hearing where the | ||||||
10 | Department believes
that further reunification services would | ||||||
11 | be ineffective, it may request a
finding from the court that | ||||||
12 | reasonable efforts are no longer appropriate. The
Department is | ||||||
13 | not required to provide further reunification services after | ||||||
14 | such
a
finding.
| ||||||
15 | A decision to place a child in substitute care shall be | ||||||
16 | made with
considerations of the child's health, safety, and | ||||||
17 | best interests. At the
time of placement, consideration should | ||||||
18 | also be given so that if reunification
fails or is delayed, the | ||||||
19 | placement made is the best available placement to
provide | ||||||
20 | permanency for the child.
| ||||||
21 | The Department shall adopt rules addressing concurrent | ||||||
22 | planning for
reunification and permanency. The Department | ||||||
23 | shall consider the following
factors when determining | ||||||
24 | appropriateness of concurrent planning:
| ||||||
25 | (1) the likelihood of prompt reunification;
| ||||||
26 | (2) the past history of the family;
|
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| |||||||
1 | (3) the barriers to reunification being addressed by | ||||||
2 | the family;
| ||||||
3 | (4) the level of cooperation of the family;
| ||||||
4 | (5) the foster parents' willingness to work with the | ||||||
5 | family to reunite;
| ||||||
6 | (6) the willingness and ability of the foster family to | ||||||
7 | provide an
adoptive
home or long-term placement;
| ||||||
8 | (7) the age of the child;
| ||||||
9 | (8) placement of siblings.
| ||||||
10 | (m) The Department may assume temporary custody of any | ||||||
11 | child if:
| ||||||
12 | (1) it has received a written consent to such temporary | ||||||
13 | custody
signed by the parents of the child or by the parent | ||||||
14 | having custody of the
child if the parents are not living | ||||||
15 | together or by the guardian or
custodian of the child if | ||||||
16 | the child is not in the custody of either
parent, or
| ||||||
17 | (2) the child is found in the State and neither a | ||||||
18 | parent,
guardian nor custodian of the child can be located.
| ||||||
19 | If the child is found in his or her residence without a parent, | ||||||
20 | guardian,
custodian or responsible caretaker, the Department | ||||||
21 | may, instead of removing
the child and assuming temporary | ||||||
22 | custody, place an authorized
representative of the Department | ||||||
23 | in that residence until such time as a
parent, guardian or | ||||||
24 | custodian enters the home and expresses a willingness
and | ||||||
25 | apparent ability to ensure the child's health and safety and | ||||||
26 | resume
permanent
charge of the child, or until a
relative |
| |||||||
| |||||||
1 | enters the home and is willing and able to ensure the child's | ||||||
2 | health
and
safety and assume charge of the
child until a | ||||||
3 | parent, guardian or custodian enters the home and expresses
| ||||||
4 | such willingness and ability to ensure the child's safety and | ||||||
5 | resume
permanent charge. After a caretaker has remained in the | ||||||
6 | home for a period not
to exceed 12 hours, the Department must | ||||||
7 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
8 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
9 | The Department shall have the authority, responsibilities | ||||||
10 | and duties that
a legal custodian of the child would have | ||||||
11 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
12 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
13 | pursuant to an investigation under the Abused and
Neglected | ||||||
14 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
15 | under the Juvenile Court Act of 1987 of a minor in limited | ||||||
16 | custody, the
Department, during the period of temporary custody | ||||||
17 | and before the child
is brought before a judicial officer as | ||||||
18 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||||||
19 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
20 | and duties that a legal custodian of the child
would have under | ||||||
21 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
22 | 1987.
| ||||||
23 | The Department shall ensure that any child taken into | ||||||
24 | custody
is scheduled for an appointment for a medical | ||||||
25 | examination.
| ||||||
26 | A parent, guardian or custodian of a child in the temporary |
| |||||||
| |||||||
1 | custody of the
Department who would have custody of the child | ||||||
2 | if he were not in the
temporary custody of the Department may | ||||||
3 | deliver to the Department a signed
request that the Department | ||||||
4 | surrender the temporary custody of the child.
The Department | ||||||
5 | may retain temporary custody of the child for 10 days after
the | ||||||
6 | receipt of the request, during which period the Department may | ||||||
7 | cause to
be filed a petition pursuant to the Juvenile Court Act | ||||||
8 | of 1987. If a
petition is so filed, the Department shall retain | ||||||
9 | temporary custody of the
child until the court orders | ||||||
10 | otherwise. If a petition is not filed within
the 10 day period, | ||||||
11 | the child shall be surrendered to the custody of the
requesting | ||||||
12 | parent, guardian or custodian not later than the expiration of
| ||||||
13 | the 10 day period, at which time the authority and duties of | ||||||
14 | the Department
with respect to the temporary custody of the | ||||||
15 | child shall terminate.
| ||||||
16 | (m-1) The Department may place children under 18 years of | ||||||
17 | age in a secure
child care facility licensed by the Department | ||||||
18 | that cares for children who are
in need of secure living | ||||||
19 | arrangements for their health, safety, and well-being
after a | ||||||
20 | determination is made by the facility director and the Director | ||||||
21 | or the
Director's designate prior to admission to the facility | ||||||
22 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
23 | This subsection (m-1) does not apply
to a child who is subject | ||||||
24 | to placement in a correctional facility operated
pursuant to | ||||||
25 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
26 | child is a ward who was placed under the care of the Department |
| |||||||
| |||||||
1 | before being
subject to placement in a correctional facility | ||||||
2 | and a court of competent
jurisdiction has ordered placement of | ||||||
3 | the child in a secure care facility.
| ||||||
4 | (n) The Department may place children under 18 years of age | ||||||
5 | in
licensed child care facilities when in the opinion of the | ||||||
6 | Department,
appropriate services aimed at family preservation | ||||||
7 | have been unsuccessful and
cannot ensure the child's health and | ||||||
8 | safety or are unavailable and such
placement would be for their | ||||||
9 | best interest. Payment
for board, clothing, care, training and | ||||||
10 | supervision of any child placed in
a licensed child care | ||||||
11 | facility may be made by the Department, by the
parents or | ||||||
12 | guardians of the estates of those children, or by both the
| ||||||
13 | Department and the parents or guardians, except that no | ||||||
14 | payments shall be
made by the Department for any child placed | ||||||
15 | in a licensed child care
facility for board, clothing, care, | ||||||
16 | training and supervision of such a
child that exceed the | ||||||
17 | average per capita cost of maintaining and of caring
for a | ||||||
18 | child in institutions for dependent or neglected children | ||||||
19 | operated by
the Department. However, such restriction on | ||||||
20 | payments does not apply in
cases where children require | ||||||
21 | specialized care and treatment for problems of
severe emotional | ||||||
22 | disturbance, physical disability, social adjustment, or
any | ||||||
23 | combination thereof and suitable facilities for the placement | ||||||
24 | of such
children are not available at payment rates within the | ||||||
25 | limitations set
forth in this Section. All reimbursements for | ||||||
26 | services delivered shall be
absolutely inalienable by |
| |||||||
| |||||||
1 | assignment, sale, attachment, garnishment or
otherwise.
| ||||||
2 | (o) The Department shall establish an administrative | ||||||
3 | review and appeal
process for children and families who request | ||||||
4 | or receive child welfare
services from the Department. Children | ||||||
5 | who are wards of the Department and
are placed by private child | ||||||
6 | welfare agencies, and foster families with whom
those children | ||||||
7 | are placed, shall be afforded the same procedural and appeal
| ||||||
8 | rights as children and families in the case of placement by the | ||||||
9 | Department,
including the right to an initial review of a | ||||||
10 | private agency decision by
that agency. The Department shall | ||||||
11 | insure that any private child welfare
agency, which accepts | ||||||
12 | wards of the Department for placement, affords those
rights to | ||||||
13 | children and foster families. The Department shall accept for
| ||||||
14 | administrative review and an appeal hearing a complaint made by | ||||||
15 | (i) a child
or foster family concerning a decision following an | ||||||
16 | initial review by a
private child welfare agency or (ii) a | ||||||
17 | prospective adoptive parent who alleges
a violation of | ||||||
18 | subsection (j-5) of this Section. An appeal of a decision
| ||||||
19 | concerning a change in the placement of a child shall be | ||||||
20 | conducted in an
expedited manner.
| ||||||
21 | (p) There is hereby created the Department of Children and | ||||||
22 | Family
Services Emergency Assistance Fund from which the | ||||||
23 | Department may provide
special financial assistance to | ||||||
24 | families which are in economic crisis when
such assistance is | ||||||
25 | not available through other public or private sources
and the | ||||||
26 | assistance is deemed necessary to prevent dissolution of the |
| |||||||
| |||||||
1 | family
unit or to reunite families which have been separated | ||||||
2 | due to child abuse and
neglect. The Department shall establish | ||||||
3 | administrative rules specifying
the criteria for determining | ||||||
4 | eligibility for and the amount and nature of
assistance to be | ||||||
5 | provided. The Department may also enter into written
agreements | ||||||
6 | with private and public social service agencies to provide
| ||||||
7 | emergency financial services to families referred by the | ||||||
8 | Department.
Special financial assistance payments shall be | ||||||
9 | available to a family no
more than once during each fiscal year | ||||||
10 | and the total payments to a
family may not exceed $500 during a | ||||||
11 | fiscal year.
| ||||||
12 | (q) The Department may receive and use, in their entirety, | ||||||
13 | for the
benefit of children any gift, donation or bequest of | ||||||
14 | money or other
property which is received on behalf of such | ||||||
15 | children, or any financial
benefits to which such children are | ||||||
16 | or may become entitled while under
the jurisdiction or care of | ||||||
17 | the Department.
| ||||||
18 | The Department shall set up and administer no-cost, | ||||||
19 | interest-bearing accounts in appropriate financial | ||||||
20 | institutions
for children for whom the Department is legally | ||||||
21 | responsible and who have been
determined eligible for Veterans' | ||||||
22 | Benefits, Social Security benefits,
assistance allotments from | ||||||
23 | the armed forces, court ordered payments, parental
voluntary | ||||||
24 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
25 | payments, Black Lung benefits, or other miscellaneous | ||||||
26 | payments. Interest
earned by each account shall be credited to |
| |||||||
| |||||||
1 | the account, unless
disbursed in accordance with this | ||||||
2 | subsection.
| ||||||
3 | In disbursing funds from children's accounts, the | ||||||
4 | Department
shall:
| ||||||
5 | (1) Establish standards in accordance with State and | ||||||
6 | federal laws for
disbursing money from children's | ||||||
7 | accounts. In all
circumstances,
the Department's | ||||||
8 | "Guardianship Administrator" or his or her designee must
| ||||||
9 | approve disbursements from children's accounts. The | ||||||
10 | Department
shall be responsible for keeping complete | ||||||
11 | records of all disbursements for each account for any | ||||||
12 | purpose.
| ||||||
13 | (2) Calculate on a monthly basis the amounts paid from | ||||||
14 | State funds for the
child's board and care, medical care | ||||||
15 | not covered under Medicaid, and social
services; and | ||||||
16 | utilize funds from the child's account, as
covered by | ||||||
17 | regulation, to reimburse those costs. Monthly, | ||||||
18 | disbursements from
all children's accounts, up to 1/12 of | ||||||
19 | $13,000,000, shall be
deposited by the Department into the | ||||||
20 | General Revenue Fund and the balance over
1/12 of | ||||||
21 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
22 | (3) Maintain any balance remaining after reimbursing | ||||||
23 | for the child's costs
of care, as specified in item (2). | ||||||
24 | The balance shall accumulate in accordance
with relevant | ||||||
25 | State and federal laws and shall be disbursed to the child | ||||||
26 | or his
or her guardian, or to the issuing agency.
|
| |||||||
| |||||||
1 | (r) The Department shall promulgate regulations | ||||||
2 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
3 | Department or its agent names and
addresses of all persons who | ||||||
4 | have applied for and have been approved for
adoption of a | ||||||
5 | hard-to-place or handicapped child and the names of such
| ||||||
6 | children who have not been placed for adoption. A list of such | ||||||
7 | names and
addresses shall be maintained by the Department or | ||||||
8 | its agent, and coded
lists which maintain the confidentiality | ||||||
9 | of the person seeking to adopt the
child and of the child shall | ||||||
10 | be made available, without charge, to every
adoption agency in | ||||||
11 | the State to assist the agencies in placing such
children for | ||||||
12 | adoption. The Department may delegate to an agent its duty to
| ||||||
13 | maintain and make available such lists. The Department shall | ||||||
14 | ensure that
such agent maintains the confidentiality of the | ||||||
15 | person seeking to adopt the
child and of the child.
| ||||||
16 | (s) The Department of Children and Family Services may | ||||||
17 | establish and
implement a program to reimburse Department and | ||||||
18 | private child welfare
agency foster parents licensed by the | ||||||
19 | Department of Children and Family
Services for damages | ||||||
20 | sustained by the foster parents as a result of the
malicious or | ||||||
21 | negligent acts of foster children, as well as providing third
| ||||||
22 | party coverage for such foster parents with regard to actions | ||||||
23 | of foster
children to other individuals. Such coverage will be | ||||||
24 | secondary to the
foster parent liability insurance policy, if | ||||||
25 | applicable. The program shall
be funded through appropriations | ||||||
26 | from the General Revenue Fund,
specifically designated for such |
| |||||||
| |||||||
1 | purposes.
| ||||||
2 | (t) The Department shall perform home studies and | ||||||
3 | investigations and
shall exercise supervision over visitation | ||||||
4 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
5 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
6 | (1) an order entered by an Illinois court specifically
| ||||||
7 | directs the Department to perform such services; and
| ||||||
8 | (2) the court has ordered one or both of the parties to
| ||||||
9 | the proceeding to reimburse the Department for its | ||||||
10 | reasonable costs for
providing such services in accordance | ||||||
11 | with Department rules, or has
determined that neither party | ||||||
12 | is financially able to pay.
| ||||||
13 | The Department shall provide written notification to the | ||||||
14 | court of the
specific arrangements for supervised visitation | ||||||
15 | and projected monthly costs
within 60 days of the court order. | ||||||
16 | The Department shall send to the court
information related to | ||||||
17 | the costs incurred except in cases where the court
has | ||||||
18 | determined the parties are financially unable to pay. The court | ||||||
19 | may
order additional periodic reports as appropriate.
| ||||||
20 | (u) In addition to other information that must be provided, | ||||||
21 | whenever the Department places a child with a prospective | ||||||
22 | adoptive parent or parents or in a licensed foster home,
group | ||||||
23 | home, child care institution, or in a relative home, the | ||||||
24 | Department
shall provide to the prospective adoptive parent or | ||||||
25 | parents or other caretaker:
| ||||||
26 | (1) available detailed information concerning the |
| |||||||
| |||||||
1 | child's educational
and health history, copies of | ||||||
2 | immunization records (including insurance
and medical card | ||||||
3 | information), a history of the child's previous | ||||||
4 | placements,
if any, and reasons for placement changes | ||||||
5 | excluding any information that
identifies or reveals the | ||||||
6 | location of any previous caretaker;
| ||||||
7 | (2) a copy of the child's portion of the client service | ||||||
8 | plan, including
any visitation arrangement, and all | ||||||
9 | amendments or revisions to it as
related to the child; and
| ||||||
10 | (3) information containing details of the child's | ||||||
11 | individualized
educational plan when the child is | ||||||
12 | receiving special education services.
| ||||||
13 | The caretaker shall be informed of any known social or | ||||||
14 | behavioral
information (including, but not limited to, | ||||||
15 | criminal background, fire
setting, perpetuation of
sexual | ||||||
16 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
17 | care
for and safeguard the children to be placed or currently | ||||||
18 | in the home. The Department may prepare a written summary of | ||||||
19 | the information required by this paragraph, which may be | ||||||
20 | provided to the foster or prospective adoptive parent in | ||||||
21 | advance of a placement. The foster or prospective adoptive | ||||||
22 | parent may review the supporting documents in the child's file | ||||||
23 | in the presence of casework staff. In the case of an emergency | ||||||
24 | placement, casework staff shall at least provide known | ||||||
25 | information verbally, if necessary, and must subsequently | ||||||
26 | provide the information in writing as required by this |
| |||||||
| |||||||
1 | subsection.
| ||||||
2 | The information described in this subsection shall be | ||||||
3 | provided in writing. In the case of emergency placements when | ||||||
4 | time does not allow prior review, preparation, and collection | ||||||
5 | of written information, the Department shall provide such | ||||||
6 | information as it becomes available. Within 10 business days | ||||||
7 | after placement, the Department shall obtain from the | ||||||
8 | prospective adoptive parent or parents or other caretaker a | ||||||
9 | signed verification of receipt of the information provided. | ||||||
10 | Within 10 business days after placement, the Department shall | ||||||
11 | provide to the child's guardian ad litem a copy of the | ||||||
12 | information provided to the prospective adoptive parent or | ||||||
13 | parents or other caretaker. The information provided to the | ||||||
14 | prospective adoptive parent or parents or other caretaker shall | ||||||
15 | be reviewed and approved regarding accuracy at the supervisory | ||||||
16 | level.
| ||||||
17 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
18 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
19 | of 1969 shall be eligible to
receive foster care payments from | ||||||
20 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
21 | were approved pursuant to approved
relative placement rules | ||||||
22 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
23 | 335 and had submitted an application for licensure as a foster | ||||||
24 | family
home may continue to receive foster care payments only | ||||||
25 | until the Department
determines that they may be licensed as a | ||||||
26 | foster family home or that their
application for licensure is |
| |||||||
| |||||||
1 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
2 | (v) The Department shall access criminal history record | ||||||
3 | information
as defined in the Illinois Uniform Conviction | ||||||
4 | Information Act and information
maintained in the adjudicatory | ||||||
5 | and dispositional record system as defined in
Section 2605-355 | ||||||
6 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
7 | if the Department determines the information is necessary to | ||||||
8 | perform its duties
under the Abused and Neglected Child | ||||||
9 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
10 | Family Services Act. The Department shall provide for
| ||||||
11 | interactive computerized communication and processing | ||||||
12 | equipment that permits
direct on-line communication with the | ||||||
13 | Department of State Police's central
criminal history data | ||||||
14 | repository. The Department shall comply with all
certification | ||||||
15 | requirements and provide certified operators who have been
| ||||||
16 | trained by personnel from the Department of State Police. In | ||||||
17 | addition, one
Office of the Inspector General investigator | ||||||
18 | shall have training in the use of
the criminal history | ||||||
19 | information access system and have
access to the terminal. The | ||||||
20 | Department of Children and Family Services and its
employees | ||||||
21 | shall abide by rules and regulations established by the | ||||||
22 | Department of
State Police relating to the access and | ||||||
23 | dissemination of
this information.
| ||||||
24 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
25 | of Public Act
89-392), the Department shall prepare and submit | ||||||
26 | to the Governor and the
General Assembly, a written plan for |
| |||||||
| |||||||
1 | the development of in-state licensed
secure child care | ||||||
2 | facilities that care for children who are in need of secure
| ||||||
3 | living
arrangements for their health, safety, and well-being. | ||||||
4 | For purposes of this
subsection, secure care facility shall | ||||||
5 | mean a facility that is designed and
operated to ensure that | ||||||
6 | all entrances and exits from the facility, a building
or a | ||||||
7 | distinct part of the building, are under the exclusive control | ||||||
8 | of the
staff of the facility, whether or not the child has the | ||||||
9 | freedom of movement
within the perimeter of the facility, | ||||||
10 | building, or distinct part of the
building. The plan shall | ||||||
11 | include descriptions of the types of facilities that
are needed | ||||||
12 | in Illinois; the cost of developing these secure care | ||||||
13 | facilities;
the estimated number of placements; the potential | ||||||
14 | cost savings resulting from
the movement of children currently | ||||||
15 | out-of-state who are projected to be
returned to Illinois; the | ||||||
16 | necessary geographic distribution of these
facilities in | ||||||
17 | Illinois; and a proposed timetable for development of such
| ||||||
18 | facilities.
| ||||||
19 | (Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06.)
| ||||||
20 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
21 | changing Sections 2-10, 2-27, and 5-710 as follows:
| ||||||
22 | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| ||||||
23 | Sec. 2-10. Temporary custody hearing. At the appearance of | ||||||
24 | the
minor before the court at the temporary custody hearing, |
| |||||||
| |||||||
1 | all
witnesses present shall be examined before the court in | ||||||
2 | relation to any
matter connected with the allegations made in | ||||||
3 | the petition.
| ||||||
4 | (1) If the court finds that there is not probable cause to | ||||||
5 | believe
that the minor is abused, neglected or dependent it | ||||||
6 | shall release
the minor and dismiss the petition.
| ||||||
7 | (2) If the court finds that there is probable cause to | ||||||
8 | believe that
the minor is abused, neglected or dependent, the | ||||||
9 | court shall state in writing
the factual basis supporting its | ||||||
10 | finding and the minor, his or her parent,
guardian, custodian | ||||||
11 | and other persons able to give relevant testimony
shall be | ||||||
12 | examined before the court. The Department of Children and
| ||||||
13 | Family Services shall give testimony concerning indicated | ||||||
14 | reports of abuse
and neglect, of which they are aware of | ||||||
15 | through the central registry,
involving the minor's parent, | ||||||
16 | guardian or custodian. After such
testimony, the court may, | ||||||
17 | consistent with
the health,
safety and best interests of the | ||||||
18 | minor,
enter an order that the minor shall be released
upon the | ||||||
19 | request of parent, guardian or custodian if the parent, | ||||||
20 | guardian
or custodian appears to take custody. Custodian shall | ||||||
21 | include any agency of
the State which has been given custody or | ||||||
22 | wardship of the child. If it is
consistent with the health, | ||||||
23 | safety and best interests of the
minor, the
court may also | ||||||
24 | prescribe shelter care and
order that the minor be kept in a | ||||||
25 | suitable place designated by the court or in
a shelter care | ||||||
26 | facility designated by the Department of Children and Family
|
| |||||||
| |||||||
1 | Services or a licensed child welfare
agency; however, a minor | ||||||
2 | charged with a
criminal offense under the Criminal Code of 1961 | ||||||
3 | or adjudicated delinquent
shall not be placed in the custody of | ||||||
4 | or committed to the Department of
Children and Family Services | ||||||
5 | by any court, except a minor less than 15
13
years of age and | ||||||
6 | committed to the Department of Children and Family Services
| ||||||
7 | under Section 5-710 of this Act or a minor for whom an | ||||||
8 | independent
basis of
abuse, neglect, or dependency exists .
,
An | ||||||
9 | independent basis exists when the allegations or adjudication | ||||||
10 | of abuse, neglect, or dependency do not arise from the same | ||||||
11 | facts, incident, or circumstances which give rise to a charge | ||||||
12 | or adjudication of delinquency
which must be defined by | ||||||
13 | departmental
rule .
| ||||||
14 | In placing the minor, the Department or other
agency shall, | ||||||
15 | to the extent
compatible with the court's order, comply with | ||||||
16 | Section 7 of the Children and
Family Services Act.
In | ||||||
17 | determining
the health, safety and best interests of the minor | ||||||
18 | to prescribe shelter
care, the court must
find that it is a | ||||||
19 | matter of immediate and urgent necessity for the safety
and | ||||||
20 | protection
of the minor or of the person or property of another | ||||||
21 | that the minor be placed
in a shelter care facility or that he | ||||||
22 | or she is likely to flee the jurisdiction
of the court, and | ||||||
23 | must further find that reasonable efforts have been made or
| ||||||
24 | that, consistent with the health, safety and best interests of
| ||||||
25 | the minor, no efforts reasonably can be made to
prevent or | ||||||
26 | eliminate the necessity of removal of the minor from his or her
|
| |||||||
| |||||||
1 | home. The court shall require documentation from the Department | ||||||
2 | of Children and
Family Services as to the reasonable efforts | ||||||
3 | that were made to prevent or
eliminate the necessity of removal | ||||||
4 | of the minor from his or her home or the
reasons why no efforts | ||||||
5 | reasonably could be made to prevent or eliminate the
necessity | ||||||
6 | of removal. When a minor is placed in the home of a relative, | ||||||
7 | the
Department of Children and Family Services shall complete a | ||||||
8 | preliminary
background review of the members of the minor's | ||||||
9 | custodian's household in
accordance with Section 4.3 of the | ||||||
10 | Child Care Act of 1969 within 90 days of
that placement. If the | ||||||
11 | minor is ordered placed in a shelter care facility of
the | ||||||
12 | Department of Children and
Family Services or a licensed child | ||||||
13 | welfare agency, the court shall, upon
request of the | ||||||
14 | appropriate Department or other agency, appoint the
Department | ||||||
15 | of Children and Family Services Guardianship Administrator or
| ||||||
16 | other appropriate agency executive temporary custodian of the | ||||||
17 | minor and the
court may enter such other orders related to the | ||||||
18 | temporary custody as it
deems fit and proper, including the | ||||||
19 | provision of services to the minor or
his family to ameliorate | ||||||
20 | the causes contributing to the finding of probable
cause or to | ||||||
21 | the finding of the existence of immediate and urgent necessity.
| ||||||
22 | Where the Department of Children and Family Services | ||||||
23 | Guardianship Administrator is appointed as the executive | ||||||
24 | temporary custodian, the Department of Children and Family | ||||||
25 | Services shall file with the court and serve on the parties a | ||||||
26 | parent-child visiting plan, within 10 days, excluding weekends |
| |||||||
| |||||||
1 | and holidays, after the appointment. The parent-child visiting | ||||||
2 | plan shall set out the time and place of visits, the frequency | ||||||
3 | of visits, the length of visits, who shall be present at the | ||||||
4 | visits, and where appropriate, the minor's opportunities to | ||||||
5 | have telephone and mail communication with the parents. For | ||||||
6 | good cause, the court may waive the requirement to file the | ||||||
7 | parent-child visiting plan or extend the time for filing the | ||||||
8 | parent-child visiting plan. Any party may, by motion, request | ||||||
9 | the court to review the parent-child visiting plan to determine | ||||||
10 | whether it is reasonably calculated to expeditiously | ||||||
11 | facilitate the achievement of the permanency goal and is | ||||||
12 | consistent with the minor's best interest. The frequency, | ||||||
13 | duration, and locations of visitation shall be measured by the | ||||||
14 | needs of the child and family, and not by the convenience of | ||||||
15 | Department personnel. Child development principles shall be | ||||||
16 | considered by the court in its analysis of how frequent | ||||||
17 | visitation should be, how long it should last, where it should | ||||||
18 | take place, and who should be present. If upon motion of the | ||||||
19 | party to review the plan and after receiving evidence, the | ||||||
20 | court determines that the parent-child visiting plan is not | ||||||
21 | reasonably calculated to expeditiously facilitate the | ||||||
22 | achievement of the permanency goal or that the restrictions | ||||||
23 | placed on parent-child contact are contrary to the child's best | ||||||
24 | interests, the court shall put in writing the factual basis | ||||||
25 | supporting the determination and enter specific findings based | ||||||
26 | on the evidence. The court shall enter an order for the |
| |||||||
| |||||||
1 | Department to implement changes to the parent-child visiting | ||||||
2 | plan, consistent with the court's findings. At any stage of | ||||||
3 | proceeding, any party may by motion request the court to enter | ||||||
4 | any orders necessary to implement the parent-child visiting | ||||||
5 | plan. Nothing under this subsection (2) shall restrict the | ||||||
6 | court from granting discretionary authority to the Department | ||||||
7 | to increase opportunities for additional parent-child | ||||||
8 | contacts, without further court orders. Nothing in this | ||||||
9 | subsection (2) shall restrict the Department from immediately | ||||||
10 | restricting or terminating parent-child contact, without | ||||||
11 | either amending the parent-child visiting plan or obtaining a | ||||||
12 | court order, where the Department or its assigns reasonably | ||||||
13 | believe that continuation of parent-child contact, as set out | ||||||
14 | in the parent-child visiting plan, would be contrary to the | ||||||
15 | child's health, safety, and welfare. The Department shall file | ||||||
16 | with the court and serve on the parties any amendments to the | ||||||
17 | visitation plan within 10 days, excluding weekends and | ||||||
18 | holidays, of the change of the visitation. Any party may, by | ||||||
19 | motion, request the court to review the parent-child visiting | ||||||
20 | plan to determine whether the parent-child visiting plan is | ||||||
21 | reasonably calculated to expeditiously facilitate the | ||||||
22 | achievement of the permanency goal, and is consistent with the | ||||||
23 | minor's health, safety, and best interest.
| ||||||
24 | Acceptance of services shall not be considered an admission | ||||||
25 | of any
allegation in a petition made pursuant to this Act, nor | ||||||
26 | may a referral of
services be considered as evidence in any |
| |||||||
| |||||||
1 | proceeding pursuant to this Act,
except where the issue is | ||||||
2 | whether the Department has made reasonable
efforts to reunite | ||||||
3 | the family. In making its findings that it is
consistent with | ||||||
4 | the health, safety and best
interests of the minor to prescribe | ||||||
5 | shelter care, the court shall state in
writing (i) the factual | ||||||
6 | basis supporting its findings concerning the
immediate and | ||||||
7 | urgent necessity for the protection of the minor or of the | ||||||
8 | person
or property of another and (ii) the factual basis | ||||||
9 | supporting its findings that
reasonable efforts were made to | ||||||
10 | prevent or eliminate the removal of the minor
from his or her | ||||||
11 | home or that no efforts reasonably could be made to prevent or
| ||||||
12 | eliminate the removal of the minor from his or her home. The
| ||||||
13 | parents, guardian, custodian, temporary custodian and minor | ||||||
14 | shall each be
furnished a copy of such written findings. The | ||||||
15 | temporary custodian shall
maintain a copy of the court order | ||||||
16 | and written findings in the case record
for the child. The | ||||||
17 | order together with the court's findings of fact in
support | ||||||
18 | thereof shall be entered of record in the court.
| ||||||
19 | Once the court finds that it is a matter of immediate and | ||||||
20 | urgent necessity
for the protection of the minor that the minor | ||||||
21 | be placed in a shelter care
facility, the minor shall not be | ||||||
22 | returned to the parent, custodian or guardian
until the court | ||||||
23 | finds that such placement is no longer necessary for the
| ||||||
24 | protection of the minor.
| ||||||
25 | If the child is placed in the temporary custody of the | ||||||
26 | Department of
Children
and Family
Services for his or her |
| |||||||
| |||||||
1 | protection, the court shall admonish the parents,
guardian,
| ||||||
2 | custodian or responsible relative that the parents must | ||||||
3 | cooperate with the
Department of Children and Family Services, | ||||||
4 | comply
with the terms of the service plans, and correct the | ||||||
5 | conditions which require
the child to be in care, or risk | ||||||
6 | termination of their parental
rights.
| ||||||
7 | (3) If prior to the shelter care hearing for a minor | ||||||
8 | described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | ||||||
9 | unable to serve notice on the
party respondent, the shelter | ||||||
10 | care hearing may proceed ex-parte. A shelter
care order from an | ||||||
11 | ex-parte hearing shall be endorsed with the date and
hour of | ||||||
12 | issuance and shall be filed with the clerk's office and entered | ||||||
13 | of
record. The order shall expire after 10 days from the time | ||||||
14 | it is issued
unless before its expiration it is renewed, at a | ||||||
15 | hearing upon appearance
of the party respondent, or upon an | ||||||
16 | affidavit of the moving party as to all
diligent efforts to | ||||||
17 | notify the party respondent by notice as herein
prescribed. The | ||||||
18 | notice prescribed shall be in writing and shall be
personally | ||||||
19 | delivered to the minor or the minor's attorney and to the last
| ||||||
20 | known address of the other person or persons entitled to | ||||||
21 | notice. The
notice shall also state the nature of the | ||||||
22 | allegations, the nature of the
order sought by the State, | ||||||
23 | including whether temporary custody is sought,
and the | ||||||
24 | consequences of failure to appear and shall contain a notice
| ||||||
25 | that the parties will not be entitled to further written | ||||||
26 | notices or publication
notices of proceedings in this case, |
| |||||||
| |||||||
1 | including the filing of an amended
petition or a motion to | ||||||
2 | terminate parental rights, except as required by
Supreme Court | ||||||
3 | Rule 11; and shall explain the
right of
the parties and the | ||||||
4 | procedures to vacate or modify a shelter care order as
provided | ||||||
5 | in this Section. The notice for a shelter care hearing shall be
| ||||||
6 | substantially as follows:
| ||||||
7 | NOTICE TO PARENTS AND CHILDREN
| ||||||
8 | OF SHELTER CARE HEARING
| ||||||
9 | On ................ at ........., before the Honorable | ||||||
10 | ................,
(address:) ................., the State | ||||||
11 | of Illinois will present evidence
(1) that (name of child | ||||||
12 | or children) ....................... are abused,
neglected | ||||||
13 | or dependent for the following reasons:
| ||||||
14 | ..............................................
and (2) | ||||||
15 | that there is "immediate and urgent necessity" to remove | ||||||
16 | the child
or children from the responsible relative.
| ||||||
17 | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||||||
18 | PLACEMENT of the
child or children in foster care until a | ||||||
19 | trial can be held. A trial may
not be held for up to 90 | ||||||
20 | days. You will not be entitled to further notices
of | ||||||
21 | proceedings in this case, including the filing of an | ||||||
22 | amended petition or a
motion to terminate parental rights.
| ||||||
23 | At the shelter care hearing, parents have the following | ||||||
24 | rights:
| ||||||
25 | 1. To ask the court to appoint a lawyer if they | ||||||
26 | cannot afford one.
|
| |||||||
| |||||||
1 | 2. To ask the court to continue the hearing to | ||||||
2 | allow them time to
prepare.
| ||||||
3 | 3. To present evidence concerning:
| ||||||
4 | a. Whether or not the child or children were | ||||||
5 | abused, neglected
or dependent.
| ||||||
6 | b. Whether or not there is "immediate and | ||||||
7 | urgent necessity" to remove
the child from home | ||||||
8 | (including: their ability to care for the child,
| ||||||
9 | conditions in the home, alternative means of | ||||||
10 | protecting the child other
than removal).
| ||||||
11 | c. The best interests of the child.
| ||||||
12 | 4. To cross examine the State's witnesses.
| ||||||
13 | The Notice for rehearings shall be substantially as | ||||||
14 | follows:
| ||||||
15 | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| ||||||
16 | TO REHEARING ON TEMPORARY CUSTODY
| ||||||
17 | If you were not present at and did not have adequate | ||||||
18 | notice of the
Shelter Care Hearing at which temporary | ||||||
19 | custody of ............... was
awarded to | ||||||
20 | ................, you have the right to request a full | ||||||
21 | rehearing
on whether the State should have temporary | ||||||
22 | custody of ................. To
request this rehearing, | ||||||
23 | you must file with the Clerk of the Juvenile Court
| ||||||
24 | (address): ........................, in person or by | ||||||
25 | mailing a statement
(affidavit) setting forth the |
| |||||||
| |||||||
1 | following:
| ||||||
2 | 1. That you were not present at the shelter care | ||||||
3 | hearing.
| ||||||
4 | 2. That you did not get adequate notice (explaining | ||||||
5 | how the notice
was inadequate).
| ||||||
6 | 3. Your signature.
| ||||||
7 | 4. Signature must be notarized.
| ||||||
8 | The rehearing should be scheduled within 48 hours of | ||||||
9 | your filing this
affidavit.
| ||||||
10 | At the rehearing, your rights are the same as at the | ||||||
11 | initial shelter care
hearing. The enclosed notice explains | ||||||
12 | those rights.
| ||||||
13 | At the Shelter Care Hearing, children have the | ||||||
14 | following rights:
| ||||||
15 | 1. To have a guardian ad litem appointed.
| ||||||
16 | 2. To be declared competent as a witness and to | ||||||
17 | present testimony
concerning:
| ||||||
18 | a. Whether they are abused, neglected or | ||||||
19 | dependent.
| ||||||
20 | b. Whether there is "immediate and urgent | ||||||
21 | necessity" to be
removed from home.
| ||||||
22 | c. Their best interests.
| ||||||
23 | 3. To cross examine witnesses for other parties.
| ||||||
24 | 4. To obtain an explanation of any proceedings and | ||||||
25 | orders of the
court.
| ||||||
26 | (4) If the parent, guardian, legal custodian, responsible |
| |||||||
| |||||||
1 | relative,
minor age 8 or over, or counsel of the minor did not | ||||||
2 | have actual notice of
or was not present at the shelter care | ||||||
3 | hearing, he or she may file an
affidavit setting forth these | ||||||
4 | facts, and the clerk shall set the matter for
rehearing not | ||||||
5 | later than 48 hours, excluding Sundays and legal holidays,
| ||||||
6 | after the filing of the affidavit. At the rehearing, the court | ||||||
7 | shall
proceed in the same manner as upon the original hearing.
| ||||||
8 | (5) Only when there is reasonable cause to believe that the | ||||||
9 | minor
taken into custody is a person described in subsection | ||||||
10 | (3) of Section
5-105 may the minor be
kept or detained in a | ||||||
11 | detention home or county or municipal jail. This
Section shall | ||||||
12 | in no way be construed to limit subsection (6).
| ||||||
13 | (6) No minor under 16 years of age may be confined in a | ||||||
14 | jail or place
ordinarily used for the confinement of prisoners | ||||||
15 | in a police station. Minors
under 17 years of age must be kept | ||||||
16 | separate from confined adults and may
not at any time be kept | ||||||
17 | in the same cell, room, or yard with adults confined
pursuant | ||||||
18 | to the criminal law.
| ||||||
19 | (7) If the minor is not brought before a judicial officer | ||||||
20 | within the
time period as specified in Section 2-9, the minor | ||||||
21 | must immediately be
released from custody.
| ||||||
22 | (8) If neither the parent, guardian or custodian appears | ||||||
23 | within 24
hours to take custody of a minor released upon | ||||||
24 | request pursuant to
subsection (2) of this Section, then the | ||||||
25 | clerk of the court shall set the
matter for rehearing not later | ||||||
26 | than 7 days after the original order and
shall issue a summons |
| |||||||
| |||||||
1 | directed to the parent, guardian or custodian to
appear. At the | ||||||
2 | same time the probation department shall prepare a report
on | ||||||
3 | the minor. If a parent, guardian or custodian does not appear | ||||||
4 | at such
rehearing, the judge may enter an order prescribing | ||||||
5 | that the minor be kept
in a suitable place designated by the | ||||||
6 | Department of Children and Family
Services or a licensed child | ||||||
7 | welfare agency.
| ||||||
8 | (9) Notwithstanding any other provision of this
Section any | ||||||
9 | interested party, including the State, the temporary
| ||||||
10 | custodian, an agency providing services to the minor or family | ||||||
11 | under a
service plan pursuant to Section 8.2 of the Abused and | ||||||
12 | Neglected Child
Reporting Act, foster parent, or any of their | ||||||
13 | representatives, on notice
to all parties entitled to notice, | ||||||
14 | may file a motion that it is in the best
interests of the minor | ||||||
15 | to modify or vacate a
temporary custody order on any of the | ||||||
16 | following grounds:
| ||||||
17 | (a) It is no longer a matter of immediate and urgent | ||||||
18 | necessity that the
minor remain in shelter care; or
| ||||||
19 | (b) There is a material change in the circumstances of | ||||||
20 | the natural
family from which the minor was removed and the | ||||||
21 | child can be cared for at
home without endangering the | ||||||
22 | child's health or safety; or
| ||||||
23 | (c) A person not a party to the alleged abuse, neglect | ||||||
24 | or dependency,
including a parent, relative or legal | ||||||
25 | guardian, is capable of assuming
temporary custody of the | ||||||
26 | minor; or
|
| |||||||
| |||||||
1 | (d) Services provided by the Department of Children and | ||||||
2 | Family Services
or a child welfare agency or other service | ||||||
3 | provider have been successful in
eliminating the need for | ||||||
4 | temporary custody and the child can be cared for at
home | ||||||
5 | without endangering the child's health or safety.
| ||||||
6 | In ruling on the motion, the court shall determine whether | ||||||
7 | it is consistent
with the health, safety and best interests of | ||||||
8 | the minor to modify
or vacate a temporary custody order.
| ||||||
9 | The clerk shall set the matter for hearing not later than | ||||||
10 | 14 days after
such motion is filed. In the event that the court | ||||||
11 | modifies or vacates a
temporary custody order but does not | ||||||
12 | vacate its finding of probable cause,
the court may order that | ||||||
13 | appropriate services be continued or initiated in
behalf of the | ||||||
14 | minor and his or her family.
| ||||||
15 | (10) When the court finds or has found that there is | ||||||
16 | probable cause to
believe a minor is an abused minor as | ||||||
17 | described in subsection (2) of Section
2-3
and that there is an | ||||||
18 | immediate and urgent necessity for the abused minor to be
| ||||||
19 | placed in shelter care, immediate and urgent necessity shall be | ||||||
20 | presumed for
any other minor residing in the same household as | ||||||
21 | the abused minor provided:
| ||||||
22 | (a) Such other minor is the subject of an abuse or | ||||||
23 | neglect petition
pending before the court; and
| ||||||
24 | (b) A party to the petition is seeking shelter care for | ||||||
25 | such other minor.
| ||||||
26 | Once the presumption of immediate and urgent necessity has |
| |||||||
| |||||||
1 | been raised, the
burden of demonstrating the lack of immediate | ||||||
2 | and urgent necessity shall be on
any party that is opposing | ||||||
3 | shelter care for the other minor.
| ||||||
4 | (Source: P.A. 94-604, eff. 1-1-06.)
| ||||||
5 | (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
| ||||||
6 | Sec. 2-27. Placement; legal custody or guardianship.
| ||||||
7 | (1) If the court determines and puts in writing the factual | ||||||
8 | basis supporting
the determination of whether the parents, | ||||||
9 | guardian, or legal custodian of a
minor adjudged a ward of the | ||||||
10 | court are unfit or are unable, for some reason
other than | ||||||
11 | financial circumstances alone, to care for, protect, train or
| ||||||
12 | discipline the minor or are unwilling to do so, and that the
| ||||||
13 | health, safety, and best
interest of the minor will be | ||||||
14 | jeopardized if the minor remains in the custody
of his or her | ||||||
15 | parents, guardian or
custodian, the court may at this hearing | ||||||
16 | and at any later point:
| ||||||
17 | (a) place the minor in the custody of a suitable | ||||||
18 | relative or other person
as
legal custodian or guardian;
| ||||||
19 | (a-5) with the approval of the Department of Children | ||||||
20 | and Family
Services, place the minor in the subsidized | ||||||
21 | guardianship of a suitable relative
or
other person as | ||||||
22 | legal guardian; "subsidized guardianship" means a private
| ||||||
23 | guardianship arrangement for children for whom the | ||||||
24 | permanency goals of return
home and adoption have been | ||||||
25 | ruled out and who meet the qualifications for
subsidized |
| |||||||
| |||||||
1 | guardianship as defined by the Department of Children and | ||||||
2 | Family
Services in administrative rules;
| ||||||
3 | (b) place the minor under the guardianship of a | ||||||
4 | probation officer;
| ||||||
5 | (c) commit the minor to an agency for care or | ||||||
6 | placement, except an
institution under the authority of the | ||||||
7 | Department of Corrections or of
the Department of Children | ||||||
8 | and Family Services;
| ||||||
9 | (d) commit the minor to the Department of Children and | ||||||
10 | Family Services for
care and service; however, a minor | ||||||
11 | charged with a criminal offense under the
Criminal Code of | ||||||
12 | 1961 or adjudicated delinquent shall not be placed in the
| ||||||
13 | custody of or committed to the Department of Children and | ||||||
14 | Family Services by
any court, except a minor less than 15
| ||||||
15 | 13 years of age and committed to the
Department of Children | ||||||
16 | and Family Services under Section 5-710 of this Act or a | ||||||
17 | minor for whom an independent basis of abuse, neglect, or | ||||||
18 | dependency exists. An independent basis exists when the | ||||||
19 | allegations or adjudication of abuse, neglect, or | ||||||
20 | dependency do not arise from the same facts, incident, or | ||||||
21 | circumstances which give rise to a charge or adjudication | ||||||
22 | of delinquency . The
Department shall be given due notice of | ||||||
23 | the pendency of the action and the
Guardianship | ||||||
24 | Administrator of the Department of Children and Family | ||||||
25 | Services
shall be appointed guardian of the person of the | ||||||
26 | minor. Whenever the Department
seeks to discharge a minor |
| |||||||
| |||||||
1 | from its care and service, the Guardianship
Administrator | ||||||
2 | shall petition the court for an
order terminating | ||||||
3 | guardianship. The Guardianship Administrator may
designate | ||||||
4 | one or more other officers of the Department, appointed as
| ||||||
5 | Department officers by administrative order of the | ||||||
6 | Department Director,
authorized to affix the signature of | ||||||
7 | the Guardianship Administrator to
documents affecting the | ||||||
8 | guardian-ward relationship of children for whom
he or she | ||||||
9 | has been appointed guardian at such times as he or she is | ||||||
10 | unable to
perform
the duties of his or her office. The | ||||||
11 | signature authorization shall include but
not be limited to | ||||||
12 | matters of consent of marriage, enlistment in the
armed | ||||||
13 | forces, legal proceedings, adoption, major medical and | ||||||
14 | surgical
treatment and application for driver's license. | ||||||
15 | Signature authorizations
made pursuant to the provisions | ||||||
16 | of this paragraph shall be filed with
the Secretary of | ||||||
17 | State and the Secretary of State shall provide upon
payment | ||||||
18 | of the customary fee, certified copies of the authorization | ||||||
19 | to
any court or individual who requests a copy.
| ||||||
20 | (1.5) In making a determination under this Section, the | ||||||
21 | court shall also
consider
whether, based on health, safety, and | ||||||
22 | the best interests of the minor,
| ||||||
23 | (a) appropriate services aimed
at family preservation | ||||||
24 | and family reunification have been unsuccessful in
| ||||||
25 | rectifying the conditions that have led to a finding of | ||||||
26 | unfitness or inability
to care for, protect, train, or |
| |||||||
| |||||||
1 | discipline the minor, or
| ||||||
2 | (b) no family preservation or family reunification
| ||||||
3 | services would be appropriate,
| ||||||
4 | and if the petition or amended petition
contained an allegation | ||||||
5 | that the
parent is an unfit
person as defined in subdivision | ||||||
6 | (D) of Section 1 of the Adoption Act, and the
order of
| ||||||
7 | adjudication
recites that parental unfitness was established | ||||||
8 | by clear and convincing
evidence, the court
shall, when | ||||||
9 | appropriate and in the best interest of the minor, enter an
| ||||||
10 | order terminating parental rights and
appointing a guardian | ||||||
11 | with
power to
consent to adoption in accordance with Section | ||||||
12 | 2-29.
| ||||||
13 | When making a placement, the court, wherever possible, | ||||||
14 | shall
require the Department of Children and Family Services to | ||||||
15 | select a person
holding the same religious belief as that of | ||||||
16 | the minor or a private agency
controlled by persons of like | ||||||
17 | religious faith of the minor and shall require
the Department | ||||||
18 | to otherwise comply with Section 7 of the Children and Family
| ||||||
19 | Services Act in placing the child. In addition, whenever | ||||||
20 | alternative plans for
placement are available, the court shall | ||||||
21 | ascertain and consider, to the extent
appropriate in the | ||||||
22 | particular case, the views and preferences of the minor.
| ||||||
23 | (2) When a minor is placed with a suitable relative or | ||||||
24 | other
person pursuant to item (a) of subsection (1),
the court | ||||||
25 | shall appoint him or her the legal custodian or guardian of the
| ||||||
26 | person of the minor. When a minor is committed to any agency, |
| |||||||
| |||||||
1 | the court
shall appoint the proper officer or representative | ||||||
2 | thereof as legal
custodian or guardian of the person of the | ||||||
3 | minor. Legal custodians and
guardians of the person of the | ||||||
4 | minor have the respective rights and duties set
forth in | ||||||
5 | subsection (9) of Section 1-3 except as otherwise provided by | ||||||
6 | order
of court; but no guardian of the person may consent to | ||||||
7 | adoption of the
minor unless that authority is conferred upon | ||||||
8 | him or her in accordance with
Section 2-29. An agency whose | ||||||
9 | representative is appointed guardian of the
person or legal | ||||||
10 | custodian of the minor may place the minor in any child care
| ||||||
11 | facility, but the facility must be licensed under the Child | ||||||
12 | Care Act of
1969 or have been approved by the Department of | ||||||
13 | Children and Family Services
as meeting the standards | ||||||
14 | established for such licensing. No agency may
place a minor | ||||||
15 | adjudicated under Sections 2-3 or 2-4 in a child care facility
| ||||||
16 | unless the placement is in compliance with the rules and | ||||||
17 | regulations
for placement under this Section promulgated by the | ||||||
18 | Department of Children
and Family Services under Section 5 of | ||||||
19 | the Children and Family Services
Act. Like authority and | ||||||
20 | restrictions shall be conferred by the court upon
any probation | ||||||
21 | officer who has been appointed guardian of the person of a | ||||||
22 | minor.
| ||||||
23 | (3) No placement by any probation officer or agency whose | ||||||
24 | representative
is appointed guardian of the person or legal | ||||||
25 | custodian of a minor may be
made in any out of State child care | ||||||
26 | facility unless it complies with the
Interstate Compact on the |
| |||||||
| |||||||
1 | Placement of Children. Placement with a parent,
however, is not | ||||||
2 | subject to that Interstate Compact.
| ||||||
3 | (4) The clerk of the court shall issue to the legal | ||||||
4 | custodian or
guardian of the person a certified copy of the | ||||||
5 | order of court, as proof
of his authority. No other process is | ||||||
6 | necessary as authority for the
keeping of the minor.
| ||||||
7 | (5) Custody or guardianship granted under this Section | ||||||
8 | continues until
the court otherwise directs, but not after the | ||||||
9 | minor reaches the age
of 19 years except as set forth in | ||||||
10 | Section 2-31.
| ||||||
11 | (6) (Blank).
| ||||||
12 | (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, | ||||||
13 | eff. 8-22-97;
90-590, eff. 1-1-99; 90-608, eff. 6-30-98; | ||||||
14 | 90-655, eff. 7-30-98; 91-357, eff.
7-29-99.)
| ||||||
15 | (705 ILCS 405/5-710)
| ||||||
16 | Sec. 5-710. Kinds of sentencing orders.
| ||||||
17 | (1) The following kinds of sentencing orders may be made in | ||||||
18 | respect of
wards of the court:
| ||||||
19 | (a) Except as provided in Sections 5-805, 5-810, 5-815, | ||||||
20 | a minor who is
found
guilty under Section 5-620 may be:
| ||||||
21 | (i) put on probation or conditional discharge and | ||||||
22 | released to his or her
parents, guardian or legal | ||||||
23 | custodian, provided, however, that any such minor
who | ||||||
24 | is not committed to the Department of Juvenile Justice | ||||||
25 | under
this subsection and who is found to be a |
| |||||||
| |||||||
1 | delinquent for an offense which is
first degree murder, | ||||||
2 | a Class X felony, or a forcible felony shall be placed | ||||||
3 | on
probation;
| ||||||
4 | (ii) placed in accordance with Section 5-740, with | ||||||
5 | or without also being
put on probation or conditional | ||||||
6 | discharge;
| ||||||
7 | (iii) required to undergo a substance abuse | ||||||
8 | assessment conducted by a
licensed provider and | ||||||
9 | participate in the indicated clinical level of care;
| ||||||
10 | (iv) placed in the guardianship of the Department | ||||||
11 | of Children and Family
Services, but only if the | ||||||
12 | delinquent minor is under 15
13 years of age or, | ||||||
13 | pursuant to Article II of this Act, a minor for whom an | ||||||
14 | independent basis of abuse, neglect, or dependency | ||||||
15 | exists. An independent basis exists when the | ||||||
16 | allegations or adjudication of abuse, neglect, or | ||||||
17 | dependency do not arise from the same facts, incident, | ||||||
18 | or circumstances which give rise to a charge or | ||||||
19 | adjudication of delinquency ;
| ||||||
20 | (v) placed in detention for a period not to exceed | ||||||
21 | 30 days, either as
the
exclusive order of disposition | ||||||
22 | or, where appropriate, in conjunction with any
other | ||||||
23 | order of disposition issued under this paragraph, | ||||||
24 | provided that any such
detention shall be in a juvenile | ||||||
25 | detention home and the minor so detained shall
be 10 | ||||||
26 | years of age or older. However, the 30-day limitation |
| |||||||
| |||||||
1 | may be extended by
further order of the court for a | ||||||
2 | minor under age 15
13 committed to the Department
of | ||||||
3 | Children and Family Services if the court finds that | ||||||
4 | the minor is a danger
to himself or others. The minor | ||||||
5 | shall be given credit on the sentencing order
of | ||||||
6 | detention for time spent in detention under Sections | ||||||
7 | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||||||
8 | result of the offense for which the sentencing order | ||||||
9 | was imposed.
The court may grant credit on a sentencing | ||||||
10 | order of detention entered under a
violation of | ||||||
11 | probation or violation of conditional discharge under | ||||||
12 | Section
5-720 of this Article for time spent in | ||||||
13 | detention before the filing of the
petition
alleging | ||||||
14 | the violation. A minor shall not be deprived of credit | ||||||
15 | for time spent
in detention before the filing of a | ||||||
16 | violation of probation or conditional
discharge | ||||||
17 | alleging the same or related act or acts;
| ||||||
18 | (vi) ordered partially or completely emancipated | ||||||
19 | in accordance with the
provisions of the Emancipation | ||||||
20 | of Minors Act;
| ||||||
21 | (vii) subject to having his or her driver's license | ||||||
22 | or driving
privileges
suspended for such time as | ||||||
23 | determined by the court but only until he or she
| ||||||
24 | attains 18 years of age;
| ||||||
25 | (viii) put on probation or conditional discharge | ||||||
26 | and placed in detention
under Section 3-6039 of the |
| |||||||
| |||||||
1 | Counties Code for a period not to exceed the period
of | ||||||
2 | incarceration permitted by law for adults found guilty | ||||||
3 | of the same offense
or offenses for which the minor was | ||||||
4 | adjudicated delinquent, and in any event no
longer than | ||||||
5 | upon attainment of age 21; this subdivision (viii) | ||||||
6 | notwithstanding
any contrary provision of the law; or
| ||||||
7 | (ix) ordered to undergo a medical or other | ||||||
8 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
9 | street gang removed from his or her body.
| ||||||
10 | (b) A minor found to be guilty may be committed to the | ||||||
11 | Department of
Juvenile Justice under Section 5-750 if the | ||||||
12 | minor is 13 years of age or
older,
provided that the | ||||||
13 | commitment to the Department of Juvenile Justice shall be | ||||||
14 | made only if a term of incarceration is permitted by law | ||||||
15 | for
adults found guilty of the offense for which the minor | ||||||
16 | was adjudicated
delinquent. The time during which a minor | ||||||
17 | is in custody before being released
upon the request of a | ||||||
18 | parent, guardian or legal custodian shall be considered
as | ||||||
19 | time spent in detention.
| ||||||
20 | (c) When a minor is found to be guilty for an offense | ||||||
21 | which is a violation
of the Illinois Controlled Substances | ||||||
22 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
23 | Control and Community Protection Act and made
a ward of the | ||||||
24 | court, the court may enter a disposition order requiring | ||||||
25 | the
minor to undergo assessment,
counseling or treatment in | ||||||
26 | a substance abuse program approved by the Department
of |
| |||||||
| |||||||
1 | Human Services.
| ||||||
2 | (2) Any sentencing order other than commitment to the | ||||||
3 | Department of
Juvenile Justice may provide for protective | ||||||
4 | supervision under
Section 5-725 and may include an order of | ||||||
5 | protection under Section 5-730.
| ||||||
6 | (3) Unless the sentencing order expressly so provides, it | ||||||
7 | does not operate
to close proceedings on the pending petition, | ||||||
8 | but is subject to modification
until final closing and | ||||||
9 | discharge of the proceedings under Section 5-750.
| ||||||
10 | (4) In addition to any other sentence, the court may order | ||||||
11 | any
minor
found to be delinquent to make restitution, in | ||||||
12 | monetary or non-monetary form,
under the terms and conditions | ||||||
13 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
14 | that the "presentencing hearing" referred to in that
Section
| ||||||
15 | shall be
the sentencing hearing for purposes of this Section. | ||||||
16 | The parent, guardian or
legal custodian of the minor may be | ||||||
17 | ordered by the court to pay some or all of
the restitution on | ||||||
18 | the minor's behalf, pursuant to the Parental Responsibility
| ||||||
19 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
20 | victim in seeking restitution in proceedings under this
| ||||||
21 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
22 | Parental
Responsibility Law.
| ||||||
23 | (5) Any sentencing order where the minor is committed or | ||||||
24 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
25 | parents or guardian of the estate of
the minor to pay to the | ||||||
26 | legal custodian or guardian of the person of the minor
such |
| |||||||
| |||||||
1 | sums as are determined by the custodian or guardian of the | ||||||
2 | person of the
minor as necessary for the minor's needs. The | ||||||
3 | payments may not exceed the
maximum amounts provided for by | ||||||
4 | Section 9.1 of the Children and Family Services
Act.
| ||||||
5 | (6) Whenever the sentencing order requires the minor to | ||||||
6 | attend school or
participate in a program of training, the | ||||||
7 | truant officer or designated school
official shall regularly | ||||||
8 | report to the court if the minor is a chronic or
habitual | ||||||
9 | truant under Section 26-2a of the School Code.
| ||||||
10 | (7) In no event shall a guilty minor be committed to the | ||||||
11 | Department of
Juvenile Justice for a period of time in
excess | ||||||
12 | of
that period for which an adult could be committed for the | ||||||
13 | same act.
| ||||||
14 | (8) A minor found to be guilty for reasons that include a | ||||||
15 | violation of
Section 21-1.3 of the Criminal Code of 1961 shall | ||||||
16 | be ordered to perform
community service for not less than 30 | ||||||
17 | and not more than 120 hours, if
community service is available | ||||||
18 | in the jurisdiction. The community service
shall include, but | ||||||
19 | need not be limited to, the cleanup and repair of the damage
| ||||||
20 | that was caused by the violation or similar damage to property | ||||||
21 | located in the
municipality or county in which the violation | ||||||
22 | occurred. The order may be in
addition to any other order | ||||||
23 | authorized by this Section.
| ||||||
24 | (8.5) A minor found to be guilty for reasons that include a | ||||||
25 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
26 | for Animals Act or paragraph (d) of
subsection (1) of
Section |
| |||||||
| |||||||
1 | 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | ||||||
2 | medical or psychiatric treatment rendered by
a
psychiatrist or | ||||||
3 | psychological treatment rendered by a clinical psychologist.
| ||||||
4 | The order
may be in addition to any other order authorized by | ||||||
5 | this Section.
| ||||||
6 | (9) In addition to any other sentencing order, the court | ||||||
7 | shall order any
minor found
to be guilty for an act which would | ||||||
8 | constitute, predatory criminal sexual
assault of a child, | ||||||
9 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
10 | aggravated criminal sexual abuse, or criminal sexual abuse if
| ||||||
11 | committed by an
adult to undergo medical testing to determine | ||||||
12 | whether the defendant has any
sexually transmissible disease | ||||||
13 | including a test for infection with human
immunodeficiency | ||||||
14 | virus (HIV) or any other identified causative agency of
| ||||||
15 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
16 | shall be performed
only by appropriately licensed medical | ||||||
17 | practitioners and may include an
analysis of any bodily fluids | ||||||
18 | as well as an examination of the minor's person.
Except as | ||||||
19 | otherwise provided by law, the results of the test shall be | ||||||
20 | kept
strictly confidential by all medical personnel involved in | ||||||
21 | the testing and must
be personally delivered in a sealed | ||||||
22 | envelope to the judge of the court in which
the sentencing | ||||||
23 | order was entered for the judge's inspection in camera. Acting
| ||||||
24 | in accordance with the best interests of the victim and the | ||||||
25 | public, the judge
shall have the discretion to determine to | ||||||
26 | whom the results of the testing may
be revealed. The court |
| |||||||
| |||||||
1 | shall notify the minor of the results of the test for
infection | ||||||
2 | with the human immunodeficiency virus (HIV). The court shall | ||||||
3 | also
notify the victim if requested by the victim, and if the | ||||||
4 | victim is under the
age of 15 and if requested by the victim's | ||||||
5 | parents or legal guardian, the court
shall notify the victim's | ||||||
6 | parents or the legal guardian, of the results of the
test for | ||||||
7 | infection with the human immunodeficiency virus (HIV). The | ||||||
8 | court
shall provide information on the availability of HIV | ||||||
9 | testing and counseling at
the Department of Public Health | ||||||
10 | facilities to all parties to whom the
results of the testing | ||||||
11 | are revealed. The court shall order that the cost of
any test | ||||||
12 | shall be paid by the county and may be taxed as costs against | ||||||
13 | the
minor.
| ||||||
14 | (10) When a court finds a minor to be guilty the court | ||||||
15 | shall, before
entering a sentencing order under this Section, | ||||||
16 | make a finding whether the
offense committed either: (a) was | ||||||
17 | related to or in furtherance of the criminal
activities of an | ||||||
18 | organized gang or was motivated by the minor's membership in
or | ||||||
19 | allegiance to an organized gang, or (b) involved a violation of
| ||||||
20 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | ||||||
21 | a violation of
any
Section of Article 24 of the Criminal Code | ||||||
22 | of 1961, or a violation of any
statute that involved the | ||||||
23 | wrongful use of a firearm. If the court determines
the question | ||||||
24 | in the affirmative,
and the court does not commit the minor to | ||||||
25 | the Department of Juvenile Justice, the court shall order the | ||||||
26 | minor to perform community service
for not less than 30 hours |
| |||||||
| |||||||
1 | nor more than 120 hours, provided that community
service is | ||||||
2 | available in the jurisdiction and is funded and approved by the
| ||||||
3 | county board of the county where the offense was committed. The | ||||||
4 | community
service shall include, but need not be limited to, | ||||||
5 | the cleanup and repair of
any damage caused by a violation of | ||||||
6 | Section 21-1.3 of the Criminal Code of 1961
and similar damage | ||||||
7 | to property located in the municipality or county in which
the | ||||||
8 | violation occurred. When possible and reasonable, the | ||||||
9 | community service
shall be performed in the minor's | ||||||
10 | neighborhood. This order shall be in
addition to any other | ||||||
11 | order authorized by this Section
except for an order to place | ||||||
12 | the minor in the custody of the Department of
Juvenile Justice. | ||||||
13 | For the purposes of this Section, "organized
gang" has the | ||||||
14 | meaning ascribed to it in Section 10 of the Illinois Streetgang
| ||||||
15 | Terrorism Omnibus Prevention Act.
| ||||||
16 | (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06 .)
|