Sen. James F. Clayborne Jr.
Filed: 4/27/2007
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1 | AMENDMENT TO HOUSE BILL 616
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2 | AMENDMENT NO. ______. Amend House Bill 616 on page 11, | ||||||
3 | after line 19, by inserting the following:
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4 | "Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Sections 2-10, 2-13, and 2-25 as follows:
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6 | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
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7 | Sec. 2-10. Temporary custody hearing. At the appearance of | ||||||
8 | the
minor before the court at the temporary custody hearing, | ||||||
9 | all
witnesses present shall be examined before the court in | ||||||
10 | relation to any
matter connected with the allegations made in | ||||||
11 | the petition.
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12 | (1) If the court finds that there is not probable cause to | ||||||
13 | believe
that the minor is abused, neglected or dependent it | ||||||
14 | shall release
the minor and dismiss the petition.
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15 | (2) If the court finds that there is probable cause to | ||||||
16 | believe that
the minor is abused, neglected or dependent, the |
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1 | court shall state in writing
the factual basis supporting its | ||||||
2 | finding and the minor, his or her parent,
guardian, custodian | ||||||
3 | and other persons able to give relevant testimony
shall be | ||||||
4 | examined before the court. The Department of Children and
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5 | Family Services shall give testimony concerning indicated | ||||||
6 | reports of abuse
and neglect, of which they are aware of | ||||||
7 | through the central registry,
involving the minor's parent, | ||||||
8 | guardian or custodian. After such
testimony, the court may, | ||||||
9 | consistent with
the health,
safety and best interests of the | ||||||
10 | minor,
enter an order that the minor shall be released
upon the | ||||||
11 | request of parent, guardian or custodian if the parent, | ||||||
12 | guardian
or custodian appears to take custody. If it is | ||||||
13 | determined that a parent's, guardian's, or custodian's | ||||||
14 | compliance with critical services mitigates the necessity for | ||||||
15 | removal of the minor from his or her home, the court may enter | ||||||
16 | an Order of Protection setting forth reasonable conditions of | ||||||
17 | behavior that a parent, guardian, or custodian must observe for | ||||||
18 | a specified period of time, not to exceed 12 months, without a | ||||||
19 | violation; provided, however, that the 12-month period shall | ||||||
20 | begin anew after any violation. Custodian shall include any | ||||||
21 | agency of
the State which has been given custody or wardship of | ||||||
22 | the child. If it is
consistent with the health, safety and best | ||||||
23 | interests of the
minor, the
court may also prescribe shelter | ||||||
24 | care and
order that the minor be kept in a suitable place | ||||||
25 | designated by the court or in
a shelter care facility | ||||||
26 | designated by the Department of Children and Family
Services or |
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1 | a licensed child welfare
agency; however, a minor charged with | ||||||
2 | a
criminal offense under the Criminal Code of 1961 or | ||||||
3 | adjudicated delinquent
shall not be placed in the custody of or | ||||||
4 | committed to the Department of
Children and Family Services by | ||||||
5 | any court, except a minor less than 13
years of age and | ||||||
6 | committed to the Department of Children and Family Services
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7 | under Section 5-710 of this Act or a minor for whom an | ||||||
8 | independent
basis of
abuse, neglect, or dependency exists, | ||||||
9 | which must be defined by departmental
rule.
In placing the | ||||||
10 | minor, the Department or other
agency shall, to the extent
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11 | compatible with the court's order, comply with Section 7 of the | ||||||
12 | Children and
Family Services Act.
In determining
the health, | ||||||
13 | safety and best interests of the minor to prescribe shelter
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14 | care, the court must
find that it is a matter of immediate and | ||||||
15 | urgent necessity for the safety
and protection
of the minor or | ||||||
16 | of the person or property of another that the minor be placed
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17 | in a shelter care facility or that he or she is likely to flee | ||||||
18 | the jurisdiction
of the court, and must further find that | ||||||
19 | reasonable efforts have been made or
that, consistent with the | ||||||
20 | health, safety and best interests of
the minor, no efforts | ||||||
21 | reasonably can be made to
prevent or eliminate the necessity of | ||||||
22 | removal of the minor from his or her
home. The court shall | ||||||
23 | require documentation from the Department of Children and
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24 | Family Services as to the reasonable efforts that were made to | ||||||
25 | prevent or
eliminate the necessity of removal of the minor from | ||||||
26 | his or her home or the
reasons why no efforts reasonably could |
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1 | be made to prevent or eliminate the
necessity of removal. When | ||||||
2 | a minor is placed in the home of a relative, the
Department of | ||||||
3 | Children and Family Services shall complete a preliminary
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4 | background review of the members of the minor's custodian's | ||||||
5 | household in
accordance with Section 4.3 of the Child Care Act | ||||||
6 | of 1969 within 90 days of
that placement. If the minor is | ||||||
7 | ordered placed in a shelter care facility of
the Department of | ||||||
8 | Children and
Family Services or a licensed child welfare | ||||||
9 | agency, the court shall, upon
request of the appropriate | ||||||
10 | Department or other agency, appoint the
Department of Children | ||||||
11 | and Family Services Guardianship Administrator or
other | ||||||
12 | appropriate agency executive temporary custodian of the minor | ||||||
13 | and the
court may enter such other orders related to the | ||||||
14 | temporary custody as it
deems fit and proper, including the | ||||||
15 | provision of services to the minor or
his family to ameliorate | ||||||
16 | the causes contributing to the finding of probable
cause or to | ||||||
17 | the finding of the existence of immediate and urgent necessity.
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18 | Where the Department of Children and Family Services | ||||||
19 | Guardianship Administrator is appointed as the executive | ||||||
20 | temporary custodian, the Department of Children and Family | ||||||
21 | Services shall file with the court and serve on the parties a | ||||||
22 | parent-child visiting plan, within 10 days, excluding weekends | ||||||
23 | and holidays, after the appointment. The parent-child visiting | ||||||
24 | plan shall set out the time and place of visits, the frequency | ||||||
25 | of visits, the length of visits, who shall be present at the | ||||||
26 | visits, and where appropriate, the minor's opportunities to |
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1 | have telephone and mail communication with the parents. For | ||||||
2 | good cause, the court may waive the requirement to file the | ||||||
3 | parent-child visiting plan or extend the time for filing the | ||||||
4 | parent-child visiting plan. Any party may, by motion, request | ||||||
5 | the court to review the parent-child visiting plan to determine | ||||||
6 | whether it is reasonably calculated to expeditiously | ||||||
7 | facilitate the achievement of the permanency goal and is | ||||||
8 | consistent with the minor's best interest. The frequency, | ||||||
9 | duration, and locations of visitation shall be measured by the | ||||||
10 | needs of the child and family, and not by the convenience of | ||||||
11 | Department personnel. Child development principles shall be | ||||||
12 | considered by the court in its analysis of how frequent | ||||||
13 | visitation should be, how long it should last, where it should | ||||||
14 | take place, and who should be present. If upon motion of the | ||||||
15 | party to review the plan and after receiving evidence, the | ||||||
16 | court determines that the parent-child visiting plan is not | ||||||
17 | reasonably calculated to expeditiously facilitate the | ||||||
18 | achievement of the permanency goal or that the restrictions | ||||||
19 | placed on parent-child contact are contrary to the child's best | ||||||
20 | interests, the court shall put in writing the factual basis | ||||||
21 | supporting the determination and enter specific findings based | ||||||
22 | on the evidence. The court shall enter an order for the | ||||||
23 | Department to implement changes to the parent-child visiting | ||||||
24 | plan, consistent with the court's findings. At any stage of | ||||||
25 | proceeding, any party may by motion request the court to enter | ||||||
26 | any orders necessary to implement the parent-child visiting |
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1 | plan. Nothing under this subsection (2) shall restrict the | ||||||
2 | court from granting discretionary authority to the Department | ||||||
3 | to increase opportunities for additional parent-child | ||||||
4 | contacts, without further court orders. Nothing in this | ||||||
5 | subsection (2) shall restrict the Department from immediately | ||||||
6 | restricting or terminating parent-child contact, without | ||||||
7 | either amending the parent-child visiting plan or obtaining a | ||||||
8 | court order, where the Department or its assigns reasonably | ||||||
9 | believe that continuation of parent-child contact, as set out | ||||||
10 | in the parent-child visiting plan, would be contrary to the | ||||||
11 | child's health, safety, and welfare. The Department shall file | ||||||
12 | with the court and serve on the parties any amendments to the | ||||||
13 | visitation plan within 10 days, excluding weekends and | ||||||
14 | holidays, of the change of the visitation. Any party may, by | ||||||
15 | motion, request the court to review the parent-child visiting | ||||||
16 | plan to determine whether the parent-child visiting plan is | ||||||
17 | reasonably calculated to expeditiously facilitate the | ||||||
18 | achievement of the permanency goal, and is consistent with the | ||||||
19 | minor's health, safety, and best interest.
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20 | Acceptance of services shall not be considered an admission | ||||||
21 | of any
allegation in a petition made pursuant to this Act, nor | ||||||
22 | may a referral of
services be considered as evidence in any | ||||||
23 | proceeding pursuant to this Act,
except where the issue is | ||||||
24 | whether the Department has made reasonable
efforts to reunite | ||||||
25 | the family. In making its findings that it is
consistent with | ||||||
26 | the health, safety and best
interests of the minor to prescribe |
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1 | shelter care, the court shall state in
writing (i) the factual | ||||||
2 | basis supporting its findings concerning the
immediate and | ||||||
3 | urgent necessity for the protection of the minor or of the | ||||||
4 | person
or property of another and (ii) the factual basis | ||||||
5 | supporting its findings that
reasonable efforts were made to | ||||||
6 | prevent or eliminate the removal of the minor
from his or her | ||||||
7 | home or that no efforts reasonably could be made to prevent or
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8 | eliminate the removal of the minor from his or her home. The
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9 | parents, guardian, custodian, temporary custodian and minor | ||||||
10 | shall each be
furnished a copy of such written findings. The | ||||||
11 | temporary custodian shall
maintain a copy of the court order | ||||||
12 | and written findings in the case record
for the child. The | ||||||
13 | order together with the court's findings of fact in
support | ||||||
14 | thereof shall be entered of record in the court.
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15 | Once the court finds that it is a matter of immediate and | ||||||
16 | urgent necessity
for the protection of the minor that the minor | ||||||
17 | be placed in a shelter care
facility, the minor shall not be | ||||||
18 | returned to the parent, custodian or guardian
until the court | ||||||
19 | finds that such placement is no longer necessary for the
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20 | protection of the minor.
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21 | If the child is placed in the temporary custody of the | ||||||
22 | Department of
Children
and Family
Services for his or her | ||||||
23 | protection, the court shall admonish the parents,
guardian,
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24 | custodian or responsible relative that the parents must | ||||||
25 | cooperate with the
Department of Children and Family Services, | ||||||
26 | comply
with the terms of the service plans, and correct the |
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1 | conditions which require
the child to be in care, or risk | ||||||
2 | termination of their parental
rights.
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3 | (3) If prior to the shelter care hearing for a minor | ||||||
4 | described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | ||||||
5 | unable to serve notice on the
party respondent, the shelter | ||||||
6 | care hearing may proceed ex-parte. A shelter
care order from an | ||||||
7 | ex-parte hearing shall be endorsed with the date and
hour of | ||||||
8 | issuance and shall be filed with the clerk's office and entered | ||||||
9 | of
record. The order shall expire after 10 days from the time | ||||||
10 | it is issued
unless before its expiration it is renewed, at a | ||||||
11 | hearing upon appearance
of the party respondent, or upon an | ||||||
12 | affidavit of the moving party as to all
diligent efforts to | ||||||
13 | notify the party respondent by notice as herein
prescribed. The | ||||||
14 | notice prescribed shall be in writing and shall be
personally | ||||||
15 | delivered to the minor or the minor's attorney and to the last
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16 | known address of the other person or persons entitled to | ||||||
17 | notice. The
notice shall also state the nature of the | ||||||
18 | allegations, the nature of the
order sought by the State, | ||||||
19 | including whether temporary custody is sought,
and the | ||||||
20 | consequences of failure to appear and shall contain a notice
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21 | that the parties will not be entitled to further written | ||||||
22 | notices or publication
notices of proceedings in this case, | ||||||
23 | including the filing of an amended
petition or a motion to | ||||||
24 | terminate parental rights, except as required by
Supreme Court | ||||||
25 | Rule 11; and shall explain the
right of
the parties and the | ||||||
26 | procedures to vacate or modify a shelter care order as
provided |
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1 | in this Section. The notice for a shelter care hearing shall be
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2 | substantially as follows:
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3 | NOTICE TO PARENTS AND CHILDREN
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4 | OF SHELTER CARE HEARING
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5 | On ................ at ........., before the Honorable | ||||||
6 | ................,
(address:) ................., the State | ||||||
7 | of Illinois will present evidence
(1) that (name of child | ||||||
8 | or children) ....................... are abused,
neglected | ||||||
9 | or dependent for the following reasons:
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10 | ..............................................
and (2) | ||||||
11 | whether
that there is "immediate and urgent necessity" to | ||||||
12 | remove the child
or children from the responsible relative.
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13 | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||||||
14 | PLACEMENT of the
child or children in foster care until a | ||||||
15 | trial can be held. A trial may
not be held for up to 90 | ||||||
16 | days. You will not be entitled to further notices
of | ||||||
17 | proceedings in this case, including the filing of an | ||||||
18 | amended petition or a
motion to terminate parental rights.
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19 | At the shelter care hearing, parents have the following | ||||||
20 | rights:
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21 | 1. To ask the court to appoint a lawyer if they | ||||||
22 | cannot afford one.
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23 | 2. To ask the court to continue the hearing to | ||||||
24 | allow them time to
prepare.
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25 | 3. To present evidence concerning:
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26 | a. Whether or not the child or children were |
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1 | abused, neglected
or dependent.
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2 | b. Whether or not there is "immediate and | ||||||
3 | urgent necessity" to remove
the child from home | ||||||
4 | (including: their ability to care for the child,
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5 | conditions in the home, alternative means of | ||||||
6 | protecting the child other
than removal).
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7 | c. The best interests of the child.
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8 | 4. To cross examine the State's witnesses.
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9 | The Notice for rehearings shall be substantially as | ||||||
10 | follows:
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11 | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
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12 | TO REHEARING ON TEMPORARY CUSTODY
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13 | If you were not present at and did not have adequate | ||||||
14 | notice of the
Shelter Care Hearing at which temporary | ||||||
15 | custody of ............... was
awarded to | ||||||
16 | ................, you have the right to request a full | ||||||
17 | rehearing
on whether the State should have temporary | ||||||
18 | custody of ................. To
request this rehearing, | ||||||
19 | you must file with the Clerk of the Juvenile Court
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20 | (address): ........................, in person or by | ||||||
21 | mailing a statement
(affidavit) setting forth the | ||||||
22 | following:
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23 | 1. That you were not present at the shelter care | ||||||
24 | hearing.
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25 | 2. That you did not get adequate notice (explaining |
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1 | how the notice
was inadequate).
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2 | 3. Your signature.
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3 | 4. Signature must be notarized.
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4 | The rehearing should be scheduled within 48 hours of | ||||||
5 | your filing this
affidavit.
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6 | At the rehearing, your rights are the same as at the | ||||||
7 | initial shelter care
hearing. The enclosed notice explains | ||||||
8 | those rights.
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9 | At the Shelter Care Hearing, children have the | ||||||
10 | following rights:
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11 | 1. To have a guardian ad litem appointed.
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12 | 2. To be declared competent as a witness and to | ||||||
13 | present testimony
concerning:
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14 | a. Whether they are abused, neglected or | ||||||
15 | dependent.
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16 | b. Whether there is "immediate and urgent | ||||||
17 | necessity" to be
removed from home.
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18 | c. Their best interests.
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19 | 3. To cross examine witnesses for other parties.
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20 | 4. To obtain an explanation of any proceedings and | ||||||
21 | orders of the
court.
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22 | (4) If the parent, guardian, legal custodian, responsible | ||||||
23 | relative,
minor age 8 or over, or counsel of the minor did not | ||||||
24 | have actual notice of
or was not present at the shelter care | ||||||
25 | hearing, he or she may file an
affidavit setting forth these | ||||||
26 | facts, and the clerk shall set the matter for
rehearing not |
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1 | later than 48 hours, excluding Sundays and legal holidays,
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2 | after the filing of the affidavit. At the rehearing, the court | ||||||
3 | shall
proceed in the same manner as upon the original hearing.
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4 | (5) Only when there is reasonable cause to believe that the | ||||||
5 | minor
taken into custody is a person described in subsection | ||||||
6 | (3) of Section
5-105 may the minor be
kept or detained in a | ||||||
7 | detention home or county or municipal jail. This
Section shall | ||||||
8 | in no way be construed to limit subsection (6).
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9 | (6) No minor under 16 years of age may be confined in a | ||||||
10 | jail or place
ordinarily used for the confinement of prisoners | ||||||
11 | in a police station. Minors
under 17 years of age must be kept | ||||||
12 | separate from confined adults and may
not at any time be kept | ||||||
13 | in the same cell, room, or yard with adults confined
pursuant | ||||||
14 | to the criminal law.
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15 | (7) If the minor is not brought before a judicial officer | ||||||
16 | within the
time period as specified in Section 2-9, the minor | ||||||
17 | must immediately be
released from custody.
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18 | (8) If neither the parent, guardian or custodian appears | ||||||
19 | within 24
hours to take custody of a minor released upon | ||||||
20 | request pursuant to
subsection (2) of this Section, then the | ||||||
21 | clerk of the court shall set the
matter for rehearing not later | ||||||
22 | than 7 days after the original order and
shall issue a summons | ||||||
23 | directed to the parent, guardian or custodian to
appear. At the | ||||||
24 | same time the probation department shall prepare a report
on | ||||||
25 | the minor. If a parent, guardian or custodian does not appear | ||||||
26 | at such
rehearing, the judge may enter an order prescribing |
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1 | that the minor be kept
in a suitable place designated by the | ||||||
2 | Department of Children and Family
Services or a licensed child | ||||||
3 | welfare agency.
| ||||||
4 | (9) Notwithstanding any other provision of this
Section any | ||||||
5 | interested party, including the State, the temporary
| ||||||
6 | custodian, an agency providing services to the minor or family | ||||||
7 | under a
service plan pursuant to Section 8.2 of the Abused and | ||||||
8 | Neglected Child
Reporting Act, foster parent, or any of their | ||||||
9 | representatives, on notice
to all parties entitled to notice, | ||||||
10 | may file a motion that it is in the best
interests of the minor | ||||||
11 | to modify or vacate a
temporary custody order on any of the | ||||||
12 | following grounds:
| ||||||
13 | (a) It is no longer a matter of immediate and urgent | ||||||
14 | necessity that the
minor remain in shelter care; or
| ||||||
15 | (b) There is a material change in the circumstances of | ||||||
16 | the natural
family from which the minor was removed and the | ||||||
17 | child can be cared for at
home without endangering the | ||||||
18 | child's health or safety; or
| ||||||
19 | (c) A person not a party to the alleged abuse, neglect | ||||||
20 | or dependency,
including a parent, relative or legal | ||||||
21 | guardian, is capable of assuming
temporary custody of the | ||||||
22 | minor; or
| ||||||
23 | (d) Services provided by the Department of Children and | ||||||
24 | Family Services
or a child welfare agency or other service | ||||||
25 | provider have been successful in
eliminating the need for | ||||||
26 | temporary custody and the child can be cared for at
home |
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1 | without endangering the child's health or safety.
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2 | In ruling on the motion, the court shall determine whether | ||||||
3 | it is consistent
with the health, safety and best interests of | ||||||
4 | the minor to modify
or vacate a temporary custody order.
| ||||||
5 | The clerk shall set the matter for hearing not later than | ||||||
6 | 14 days after
such motion is filed. In the event that the court | ||||||
7 | modifies or vacates a
temporary custody order but does not | ||||||
8 | vacate its finding of probable cause,
the court may order that | ||||||
9 | appropriate services be continued or initiated in
behalf of the | ||||||
10 | minor and his or her family.
| ||||||
11 | (10) When the court finds or has found that there is | ||||||
12 | probable cause to
believe a minor is an abused minor as | ||||||
13 | described in subsection (2) of Section
2-3
and that there is an | ||||||
14 | immediate and urgent necessity for the abused minor to be
| ||||||
15 | placed in shelter care, immediate and urgent necessity shall be | ||||||
16 | presumed for
any other minor residing in the same household as | ||||||
17 | the abused minor provided:
| ||||||
18 | (a) Such other minor is the subject of an abuse or | ||||||
19 | neglect petition
pending before the court; and
| ||||||
20 | (b) A party to the petition is seeking shelter care for | ||||||
21 | such other minor.
| ||||||
22 | Once the presumption of immediate and urgent necessity has | ||||||
23 | been raised, the
burden of demonstrating the lack of immediate | ||||||
24 | and urgent necessity shall be on
any party that is opposing | ||||||
25 | shelter care for the other minor.
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26 | (Source: P.A. 94-604, eff. 1-1-06.)
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1 | (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
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2 | Sec. 2-13. Petition.
| ||||||
3 | (1) Any adult person, any agency or association by its
| ||||||
4 | representative may file, or the court on its own motion, | ||||||
5 | consistent with the
health, safety and best interests of the | ||||||
6 | minor may direct the
filing through the State's Attorney of a | ||||||
7 | petition in respect of a minor
under this Act. The petition and | ||||||
8 | all subsequent court documents shall be
entitled "In the | ||||||
9 | interest of ...., a minor".
| ||||||
10 | (2) The petition shall be verified but the statements may | ||||||
11 | be made
upon information and belief. It shall allege that the | ||||||
12 | minor is
abused, neglected, or dependent, with citations to the | ||||||
13 | appropriate
provisions of this Act,
and set forth (a) facts | ||||||
14 | sufficient to bring the minor
under Section 2-3 or 2-4 and to | ||||||
15 | inform respondents of the cause of action,
including, but not | ||||||
16 | limited to, a plain and concise statement of the factual
| ||||||
17 | allegations that form the basis for the filing of the petition; | ||||||
18 | (b) the name,
age and residence of the minor; (c) the names and | ||||||
19 | residences of his parents;
(d) the name and residence of his
| ||||||
20 | legal guardian or the person or persons having custody or | ||||||
21 | control of the
minor, or of the nearest known relative if no | ||||||
22 | parent or guardian can be
found; and (e) if the minor upon | ||||||
23 | whose behalf the petition is brought is
sheltered in custody, | ||||||
24 | the date on which such temporary custody
was ordered by the
| ||||||
25 | court or the date set for a temporary custody hearing. If any |
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| |||||||
1 | of the facts
herein required are not known by the petitioner, | ||||||
2 | the petition shall so
state.
| ||||||
3 | (3) The petition must allege that it is in the best | ||||||
4 | interests of the
minor and of the public that he be adjudged a | ||||||
5 | ward of the court and may
pray generally for relief available | ||||||
6 | under this Act. The petition need
not specify any proposed | ||||||
7 | disposition following adjudication of wardship. The petition | ||||||
8 | may request that the minor remain in the custody of the parent, | ||||||
9 | guardian, or custodian under an Order of Protection.
| ||||||
10 | (4) If termination of parental rights and appointment of a | ||||||
11 | guardian of the
person with power to consent to adoption of the | ||||||
12 | minor under Section 2-29 is
sought, the petition shall so | ||||||
13 | state. If the petition includes this request,
the prayer for | ||||||
14 | relief shall clearly and obviously state that the parents could
| ||||||
15 | permanently lose their rights as a parent at this hearing.
| ||||||
16 | In addition to the foregoing, the petitioner, by motion, | ||||||
17 | may request the
termination of parental rights and appointment | ||||||
18 | of a guardian of the person with
power to consent to adoption | ||||||
19 | of the minor under Section 2-29 at any time after
the entry of | ||||||
20 | a dispositional order under Section 2-22.
| ||||||
21 | (4.5) (a) With respect to any minors committed to its care | ||||||
22 | pursuant to
this Act, the Department of Children and Family | ||||||
23 | Services shall request the
State's Attorney to file a petition | ||||||
24 | or motion for termination of parental
rights and appointment of | ||||||
25 | guardian of the person with power to consent to
adoption of the | ||||||
26 | minor under Section 2-29 if:
|
| |||||||
| |||||||
1 | (i) a minor has been in foster care, as described in | ||||||
2 | subsection (b), for
15 months of the most recent 22 months; | ||||||
3 | or
| ||||||
4 | (ii) a minor under the age of 2 years has been | ||||||
5 | previously determined to be
abandoned at an adjudicatory | ||||||
6 | hearing; or
| ||||||
7 | (iii) the parent is criminally convicted of (A) first | ||||||
8 | degree murder or
second degree murder of any child, (B) | ||||||
9 | attempt or conspiracy to commit first
degree murder or | ||||||
10 | second degree murder of any child, (C) solicitation to | ||||||
11 | commit
murder of any child, solicitation to commit murder | ||||||
12 | for hire of any child, or
solicitation to
commit second | ||||||
13 | degree murder of any child, (D)
aggravated battery, | ||||||
14 | aggravated battery of a child, or felony domestic battery,
| ||||||
15 | any of which has resulted in serious injury to the minor or | ||||||
16 | a sibling of the
minor, (E) aggravated criminal sexual | ||||||
17 | assault in
violation of subdivision (b)(1) of Section 12-14 | ||||||
18 | of the Criminal Code of 1961,
or
(F) an offense in any | ||||||
19 | other state the elements of which are similar and bear a
| ||||||
20 | substantial relationship to any of the foregoing offenses
| ||||||
21 | unless:
| ||||||
22 | (i) the child
is being cared for by a relative,
| ||||||
23 | (ii) the Department has documented in the
case plan a | ||||||
24 | compelling reason for determining that filing such | ||||||
25 | petition would
not be in the best interests of the child,
| ||||||
26 | (iii) the court has found within the
preceding 12 |
| |||||||
| |||||||
1 | months that the Department has failed to make reasonable | ||||||
2 | efforts
to reunify the child and family, or
| ||||||
3 | (iv) paragraph (c) of this subsection (4.5)
provides | ||||||
4 | otherwise.
| ||||||
5 | (b) For purposes of this subsection, the date of entering | ||||||
6 | foster care is
defined as the earlier of:
| ||||||
7 | (1) The date of a judicial finding at an adjudicatory | ||||||
8 | hearing that the
child is an abused, neglected, or | ||||||
9 | dependent minor; or
| ||||||
10 | (2) 60 days after the date on which the child is | ||||||
11 | removed from his or her
parent, guardian, or legal | ||||||
12 | custodian.
| ||||||
13 | (c) With respect to paragraph (a)(i), the following | ||||||
14 | transition rules shall
apply:
| ||||||
15 | (1) If the child entered foster care after November 19, | ||||||
16 | 1997 and
this amendatory Act of 1998 takes effect before | ||||||
17 | the child has been in
foster care for 15 months of the | ||||||
18 | preceding 22 months, then the Department shall
comply with | ||||||
19 | the requirements of paragraph (a) of this subsection (4.5) | ||||||
20 | for that
child as soon as the child has been in foster care | ||||||
21 | for 15 of the preceding 22
months.
| ||||||
22 | (2) If the child entered foster care after November 19, | ||||||
23 | 1997 and
this amendatory Act of 1998 takes effect after the | ||||||
24 | child has been in foster
care for 15 of the preceding 22 | ||||||
25 | months, then the Department shall comply with
the | ||||||
26 | requirements of paragraph (a) of this subsection (4.5) for |
| |||||||
| |||||||
1 | that child
within 3 months after the end of the next | ||||||
2 | regular session of the General
Assembly.
| ||||||
3 | (3) If the child entered foster care prior to November | ||||||
4 | 19, 1997, then the
Department shall comply with the | ||||||
5 | requirements of paragraph (a) of this
subsection (4.5) for | ||||||
6 | that child in accordance with Department policy or rule.
| ||||||
7 | (d) If the State's Attorney determines that the | ||||||
8 | Department's request for
filing of a petition or motion | ||||||
9 | conforms to the requirements set forth in
subdivisions (a), | ||||||
10 | (b), and (c) of this subsection (4.5), then the State's
| ||||||
11 | Attorney shall file the petition or motion as requested.
| ||||||
12 | (5) The court shall liberally allow the petitioner to amend | ||||||
13 | the petition to
set forth a cause of action or to add, amend, | ||||||
14 | or supplement factual allegations
that form the basis for a | ||||||
15 | cause of action up until 14 days before the
adjudicatory | ||||||
16 | hearing. The petitioner may amend the petition after that date
| ||||||
17 | and prior to the adjudicatory hearing if the court grants leave | ||||||
18 | to amend upon a
showing of good cause.
The court may allow | ||||||
19 | amendment of the
petition to conform with the evidence at any | ||||||
20 | time prior to ruling. In all
cases in which the court has | ||||||
21 | granted leave to amend based on new evidence or
new | ||||||
22 | allegations, the court shall permit
the respondent an adequate | ||||||
23 | opportunity to prepare a defense to the amended
petition.
| ||||||
24 | (6) At any time before dismissal of the petition or before | ||||||
25 | final closing
and discharge under Section 2-31, one or more | ||||||
26 | motions in the best interests of
the minor may be filed. The |
| |||||||
| |||||||
1 | motion shall specify sufficient facts in support
of the relief | ||||||
2 | requested.
| ||||||
3 | (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. | ||||||
4 | 90-443);
90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)
| ||||||
5 | (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
| ||||||
6 | Sec. 2-25. Order of protection.
| ||||||
7 | (1) The court may make an order of
protection in assistance | ||||||
8 | of or as a condition of any other order authorized
by this Act. | ||||||
9 | The order of protection shall be based on the health, safety
| ||||||
10 | and best interests of the minor and may set forth reasonable | ||||||
11 | conditions of
behavior to be observed for a specified period. | ||||||
12 | Such an order may require a
person:
| ||||||
13 | (a) to stay away from the home or the minor;
| ||||||
14 | (b) to permit a parent to visit the minor at stated | ||||||
15 | periods;
| ||||||
16 | (c) to abstain from offensive conduct against the | ||||||
17 | minor, his parent or
any person to whom custody of the | ||||||
18 | minor is awarded;
| ||||||
19 | (d) to give proper attention to the care of the home;
| ||||||
20 | (e) to cooperate in good faith with an agency to which | ||||||
21 | custody of a
minor is entrusted by the court or with an | ||||||
22 | agency or association to which
the minor is referred by the | ||||||
23 | court;
| ||||||
24 | (f) to prohibit and prevent any contact whatsoever with | ||||||
25 | the respondent
minor by a specified individual or |
| |||||||
| |||||||
1 | individuals who are alleged in either a
criminal or | ||||||
2 | juvenile proceeding to have caused injury to a respondent
| ||||||
3 | minor or a sibling of a respondent minor;
| ||||||
4 | (g) to refrain from acts of commission or omission that | ||||||
5 | tend to make
the home not a proper place for the minor;
| ||||||
6 | (h) to refrain from contacting the minor and the foster | ||||||
7 | parents in any
manner that is not specified in writing in | ||||||
8 | the case plan.
| ||||||
9 | (2) The court shall enter an order of protection
to | ||||||
10 | prohibit and prevent any contact between a respondent minor
or | ||||||
11 | a sibling of a respondent minor and any person named in a | ||||||
12 | petition
seeking an order of protection who has been convicted | ||||||
13 | of
heinous battery under Section 12-4.1,
aggravated battery of | ||||||
14 | a child under Section 12-4.3, criminal sexual assault
under | ||||||
15 | Section 12-13, aggravated criminal sexual assault under | ||||||
16 | Section
12-14,
predatory criminal sexual assault of a child | ||||||
17 | under Section 12-14.1,
criminal sexual abuse under Section | ||||||
18 | 12-15, or aggravated criminal
sexual abuse under Section 12-16 | ||||||
19 | of the Criminal Code of 1961, or has been
convicted of an | ||||||
20 | offense that resulted in the death of a child, or has
violated | ||||||
21 | a previous order of protection under this Section.
| ||||||
22 | (3) When the court issues an order of protection against | ||||||
23 | any person as
provided by this Section, the court shall direct | ||||||
24 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
25 | shall furnish a copy of the order of
protection to the | ||||||
26 | Department of State Police within 24 hours of
receipt, in the |
| |||||||
| |||||||
1 | form and manner required by the Department. The Department
of | ||||||
2 | State Police shall maintain a complete record and index of such | ||||||
3 | orders
of protection and make this data available to all local | ||||||
4 | law enforcement
agencies.
| ||||||
5 | (4) After notice and opportunity for hearing afforded to a | ||||||
6 | person
subject to an order of protection, the order may be | ||||||
7 | modified or extended
for a further specified period or both or | ||||||
8 | may be terminated if the court
finds that the health, safety, | ||||||
9 | and best interests of the minor and the
public will be served
| ||||||
10 | thereby.
| ||||||
11 | (5) An order of protection may be sought at any time during | ||||||
12 | the course
of any proceeding conducted pursuant to this Act if | ||||||
13 | such an order is
consistent with the
health, safety, and best | ||||||
14 | interests of the minor. Any person against whom
an order of | ||||||
15 | protection is sought may retain counsel to represent him at a
| ||||||
16 | hearing, and has rights to be present at the hearing, to be | ||||||
17 | informed prior
to the hearing in writing of the contents of the | ||||||
18 | petition seeking a
protective order and of the date, place and | ||||||
19 | time of such hearing, and to
cross examine witnesses called by | ||||||
20 | the petitioner and to present witnesses
and argument in | ||||||
21 | opposition to the relief sought in the petition.
| ||||||
22 | (6) Diligent efforts shall be made by the petitioner to | ||||||
23 | serve any person
or persons against whom any order of | ||||||
24 | protection is sought with written
notice of the contents of the | ||||||
25 | petition seeking a protective order and
of the date, place and | ||||||
26 | time at which the hearing on the petition is to be
held. When a |
| |||||||
| |||||||
1 | protective order is being sought in conjunction with a
| ||||||
2 | temporary custody hearing, if the court finds that the person | ||||||
3 | against whom
the protective order is being sought has been | ||||||
4 | notified of the hearing or
that diligent efforts have been made | ||||||
5 | to notify such person, the court may
conduct a hearing. If a | ||||||
6 | protective order is sought at any time other than
in | ||||||
7 | conjunction with a temporary custody hearing, the court may
not | ||||||
8 | conduct a hearing on the petition in the absence of the person | ||||||
9 | against
whom the order is sought unless the petitioner has | ||||||
10 | notified such person by
personal service at least 3 days before | ||||||
11 | the hearing or has sent written
notice by first class mail to | ||||||
12 | such person's last known address at least 5
days before the | ||||||
13 | hearing.
| ||||||
14 | (7) A person against whom an order of protection is being | ||||||
15 | sought who is
neither a parent, guardian, legal custodian or | ||||||
16 | responsible relative as
described in Section 1-5 is not a party | ||||||
17 | or respondent as defined in that
Section and shall not be | ||||||
18 | entitled to the rights provided therein.
Such person does not | ||||||
19 | have a right to appointed counsel or to be
present at any | ||||||
20 | hearing other than the hearing in which the order of protection
| ||||||
21 | is being sought or a hearing directly pertaining to that order. | ||||||
22 | Unless the
court orders otherwise, such person does not have a | ||||||
23 | right to inspect the court
file.
| ||||||
24 | (8) All protective orders entered under this Section shall | ||||||
25 | be in
writing. Unless the person against whom the order was | ||||||
26 | obtained was present
in court when the order was issued, the |
| |||||||
| |||||||
1 | sheriff, other law enforcement
official or special process | ||||||
2 | server shall
promptly serve that order upon that person and | ||||||
3 | file proof of such service,
in the manner provided for service | ||||||
4 | of process in civil proceedings. The
person against whom the | ||||||
5 | protective order was obtained may seek a
modification of the | ||||||
6 | order by filing a written motion to modify the order
within 7 | ||||||
7 | days after actual receipt by the person of a copy of the order. | ||||||
8 | Any
modification of the order granted by the court must be | ||||||
9 | determined to be
consistent with the best interests of the | ||||||
10 | minor.
| ||||||
11 | (9) If a petition is filed charging a violation of a | ||||||
12 | condition contained in the
protective order and if the court | ||||||
13 | determines that this violation is of a critical service | ||||||
14 | necessary to the safety and welfare of the minor, the court may | ||||||
15 | proceed to findings and an order for temporary custody.
| ||||||
16 | (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; | ||||||
17 | 90-15, eff.
6-13-97; 90-28, eff. 1-1-98; 90-655, eff. | ||||||
18 | 7-30-98.)".
|