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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 Juvenile Court Act of 1987 is amended by | |||||||||||||||||||||
5 | changing Sections 2-3 and 2-27 as follows:
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6 | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
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7 | Sec. 2-3. Neglected or abused minor.
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8 | (1) Those who are neglected include:
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9 | (a) any minor under 18 years of age who is not | |||||||||||||||||||||
10 | receiving
the proper or necessary support, education as
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11 | required by law, or medical or other remedial care | |||||||||||||||||||||
12 | recognized under
State law as necessary for a minor's | |||||||||||||||||||||
13 | well-being, or other care necessary
for his or her | |||||||||||||||||||||
14 | well-being, including adequate food, clothing and shelter,
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15 | or who is abandoned by his or her parents or other person | |||||||||||||||||||||
16 | responsible for
the minor's welfare, except that a minor | |||||||||||||||||||||
17 | shall not be considered neglected
for the sole reason that | |||||||||||||||||||||
18 | the minor's parent or other person responsible for the
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19 | minor's welfare has left the minor in the care of an adult | |||||||||||||||||||||
20 | relative for any
period of time; or
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21 | (b) any minor under 18 years of age whose environment | |||||||||||||||||||||
22 | is injurious
to his or her welfare; or
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23 | (c) any newborn infant whose blood, urine, or meconium
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1 | contains any amount of a
controlled substance as defined in | ||||||
2 | subsection (f) of Section 102 of the
Illinois Controlled | ||||||
3 | Substances Act, as now or hereafter amended, or a
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4 | metabolite of a controlled substance, with the exception of | ||||||
5 | controlled
substances or metabolites of such substances, | ||||||
6 | the presence of which in the
newborn infant is the result | ||||||
7 | of medical treatment administered to the
mother or the | ||||||
8 | newborn infant; or
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9 | (d) any minor under the age of 14 years whose parent or | ||||||
10 | other person
responsible for the minor's welfare leaves the | ||||||
11 | minor without
supervision for an unreasonable period of | ||||||
12 | time without regard for the mental or
physical health, | ||||||
13 | safety, or welfare of that minor; or
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14 | (e) any minor who has been provided with interim crisis | ||||||
15 | intervention
services under Section 3-5 of this Act and | ||||||
16 | whose parent, guardian, or custodian
refuses to permit the | ||||||
17 | minor to return home unless the minor is an immediate | ||||||
18 | physical danger to himself, herself, or others living in | ||||||
19 | the home.
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20 | Whether the minor was left without regard for the mental or | ||||||
21 | physical health,
safety, or welfare of that minor or the period | ||||||
22 | of time was unreasonable shall
be determined by considering the | ||||||
23 | following factors, including but not limited
to:
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24 | (1) the age of the minor;
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25 | (2) the number of minors left at the location;
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26 | (3) special needs of the minor, including whether the |
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1 | minor is physically
or mentally handicapped, or otherwise | ||||||
2 | in need of ongoing prescribed medical
treatment such as | ||||||
3 | periodic doses of insulin or other medications;
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4 | (4) the duration of time in which the minor was left | ||||||
5 | without supervision;
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6 | (5) the condition and location of the place where the | ||||||
7 | minor was left
without supervision;
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8 | (6) the time of day or night when the minor was left | ||||||
9 | without supervision;
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10 | (7) the weather conditions, including whether the | ||||||
11 | minor was left in a
location with adequate protection from | ||||||
12 | the natural elements such as adequate
heat or light;
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13 | (8) the location of the parent or guardian at the time | ||||||
14 | the minor was left
without supervision, the physical | ||||||
15 | distance the minor was from the parent or
guardian at the | ||||||
16 | time the minor was without supervision;
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17 | (9) whether the minor's movement was restricted, or the | ||||||
18 | minor was
otherwise locked within a room or other | ||||||
19 | structure;
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20 | (10) whether the minor was given a phone number of a | ||||||
21 | person or location to
call in the event of an emergency and | ||||||
22 | whether the minor was capable of making
an emergency call;
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23 | (11) whether there was food and other provision left | ||||||
24 | for the minor;
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25 | (12) whether any of the conduct is attributable to | ||||||
26 | economic hardship or
illness and the parent, guardian or |
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1 | other person having physical custody or
control of the | ||||||
2 | child made a good faith effort to provide for the health | ||||||
3 | and
safety of the minor;
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4 | (13) the age and physical and mental capabilities of | ||||||
5 | the person or persons
who provided supervision for the | ||||||
6 | minor;
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7 | (14) whether the minor was left under the supervision | ||||||
8 | of another person;
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9 | (15) any other factor that would endanger the health | ||||||
10 | and safety of that
particular minor.
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11 | A minor shall not be considered neglected for the sole | ||||||
12 | reason that the
minor has been relinquished in accordance with | ||||||
13 | the Abandoned Newborn Infant
Protection Act.
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14 | (2) Those who are abused include any minor under 18 years | ||||||
15 | of age whose
parent or immediate family member, or any person | ||||||
16 | responsible
for the minor's welfare, or any person who is in | ||||||
17 | the same family or household
as the minor, or any individual | ||||||
18 | residing in the same home as the minor, or
a paramour of the | ||||||
19 | minor's parent:
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20 | (i) inflicts, causes to be inflicted, or allows to be | ||||||
21 | inflicted upon
such minor physical injury, by other than | ||||||
22 | accidental means, which causes death,
disfigurement, | ||||||
23 | impairment of physical or emotional health, or loss or
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24 | impairment of any bodily function;
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25 | (ii) creates a substantial risk of physical injury to | ||||||
26 | such minor by
other than accidental means which would be |
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1 | likely to cause death,
disfigurement, impairment of | ||||||
2 | emotional health, or loss or impairment of any
bodily | ||||||
3 | function;
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4 | (iii) commits or allows to be committed any sex offense | ||||||
5 | against such
minor, as such sex offenses are defined in the | ||||||
6 | Criminal Code of 1961, as
amended, and extending those | ||||||
7 | definitions of sex offenses to include minors
under 18 | ||||||
8 | years of age;
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9 | (iv) commits or allows to be committed an act or acts | ||||||
10 | of torture upon
such minor; or
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11 | (v) inflicts excessive corporal punishment.
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12 | A minor shall not be considered abused for the sole reason | ||||||
13 | that the minor
has been relinquished in accordance with the | ||||||
14 | Abandoned Newborn Infant
Protection Act.
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15 | (2.5) Those who are abused include any minor under 18 years | ||||||
16 | of age whose
parent or other person
responsible for the minor's | ||||||
17 | welfare has been convicted 2 or more times of the offense of | ||||||
18 | participation in methamphetamine manufacturing as defined in | ||||||
19 | Section 15 of the Methamphetamine Control and Community | ||||||
20 | Protection Act. | ||||||
21 | (3) This Section does not apply to a minor who would be | ||||||
22 | included
herein solely for the purpose of qualifying for | ||||||
23 | financial assistance for
himself, his parents, guardian or | ||||||
24 | custodian.
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25 | (Source: P.A. 95-443, eff. 1-1-08.)
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1 | (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
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2 | (Text of Section after amendment by P.A. 95-642 )
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3 | Sec. 2-27. Placement; legal custody or guardianship.
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4 | (1) If the court determines and puts in writing the factual | ||||||
5 | basis supporting
the determination of whether the parents, | ||||||
6 | guardian, or legal custodian of a
minor adjudged a ward of the | ||||||
7 | court are unfit or are unable, for some reason
other than | ||||||
8 | financial circumstances alone, to care for, protect, train or
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9 | discipline the minor or are unwilling to do so, and that the
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10 | health, safety, and best
interest of the minor will be | ||||||
11 | jeopardized if the minor remains in the custody
of his or her | ||||||
12 | parents, guardian or
custodian, the court may at this hearing | ||||||
13 | and at any later point:
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14 | (a) place the minor in the custody of a suitable | ||||||
15 | relative or other person
as
legal custodian or guardian;
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16 | (a-5) with the approval of the Department of Children | ||||||
17 | and Family
Services, place the minor in the subsidized | ||||||
18 | guardianship of a suitable relative
or
other person as | ||||||
19 | legal guardian; "subsidized guardianship" means a private
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20 | guardianship arrangement for children for whom the | ||||||
21 | permanency goals of return
home and adoption have been | ||||||
22 | ruled out and who meet the qualifications for
subsidized | ||||||
23 | guardianship as defined by the Department of Children and | ||||||
24 | Family
Services in administrative rules;
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25 | (b) place the minor under the guardianship of a | ||||||
26 | probation officer;
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1 | (c) commit the minor to an agency for care or | ||||||
2 | placement, except an
institution under the authority of the | ||||||
3 | Department of Corrections or of
the Department of Children | ||||||
4 | and Family Services;
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5 | (d) commit the minor to the Department of Children and | ||||||
6 | Family Services for
care and service; however, a minor | ||||||
7 | charged with a criminal offense under the
Criminal Code of | ||||||
8 | 1961 or adjudicated delinquent shall not be placed in the
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9 | custody of or committed to the Department of Children and | ||||||
10 | Family Services by
any court, except a minor less than 15 | ||||||
11 | years of age and committed to the
Department of Children | ||||||
12 | and Family Services under Section 5-710 of this Act or a | ||||||
13 | minor for whom an independent basis of abuse, neglect, or | ||||||
14 | dependency exists. An independent basis exists when the | ||||||
15 | allegations or adjudication of abuse, neglect, or | ||||||
16 | dependency do not arise from the same facts, incident, or | ||||||
17 | circumstances which give rise to a charge or adjudication | ||||||
18 | of delinquency. The
Department shall be given due notice of | ||||||
19 | the pendency of the action and the
Guardianship | ||||||
20 | Administrator of the Department of Children and Family | ||||||
21 | Services
shall be appointed guardian of the person of the | ||||||
22 | minor. Whenever the Department
seeks to discharge a minor | ||||||
23 | from its care and service, the Guardianship
Administrator | ||||||
24 | shall petition the court for an
order terminating | ||||||
25 | guardianship. The Guardianship Administrator may
designate | ||||||
26 | one or more other officers of the Department, appointed as
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1 | Department officers by administrative order of the | ||||||
2 | Department Director,
authorized to affix the signature of | ||||||
3 | the Guardianship Administrator to
documents affecting the | ||||||
4 | guardian-ward relationship of children for whom
he or she | ||||||
5 | has been appointed guardian at such times as he or she is | ||||||
6 | unable to
perform
the duties of his or her office. The | ||||||
7 | signature authorization shall include but
not be limited to | ||||||
8 | matters of consent of marriage, enlistment in the
armed | ||||||
9 | forces, legal proceedings, adoption, major medical and | ||||||
10 | surgical
treatment and application for driver's license. | ||||||
11 | Signature authorizations
made pursuant to the provisions | ||||||
12 | of this paragraph shall be filed with
the Secretary of | ||||||
13 | State and the Secretary of State shall provide upon
payment | ||||||
14 | of the customary fee, certified copies of the authorization | ||||||
15 | to
any court or individual who requests a copy.
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16 | (1.5) In making a determination under this Section, the | ||||||
17 | court shall also
consider
whether, based on health, safety, and | ||||||
18 | the best interests of the minor,
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19 | (a) appropriate services aimed
at family preservation | ||||||
20 | and family reunification have been unsuccessful in
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21 | rectifying the conditions that have led to a finding of | ||||||
22 | unfitness or inability
to care for, protect, train, or | ||||||
23 | discipline the minor, or
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24 | (b) no family preservation or family reunification
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25 | services would be appropriate,
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26 | and if the petition or amended petition
contained an allegation |
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1 | that the
parent is an unfit
person as defined in subdivision | ||||||
2 | (D) of Section 1 of the Adoption Act, and the
order of
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3 | adjudication
recites that parental unfitness was established | ||||||
4 | by clear and convincing
evidence, the court
shall, when | ||||||
5 | appropriate and in the best interest of the minor, enter an
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6 | order terminating parental rights and
appointing a guardian | ||||||
7 | with
power to
consent to adoption in accordance with Section | ||||||
8 | 2-29.
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9 | When making a placement, the court, wherever possible, | ||||||
10 | shall
require the Department of Children and Family Services to | ||||||
11 | select a person
holding the same religious belief as that of | ||||||
12 | the minor or a private agency
controlled by persons of like | ||||||
13 | religious faith of the minor and shall require
the Department | ||||||
14 | to otherwise comply with Section 7 of the Children and Family
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15 | Services Act in placing the child. In addition, whenever | ||||||
16 | alternative plans for
placement are available, the court shall | ||||||
17 | ascertain and consider, to the extent
appropriate in the | ||||||
18 | particular case, the views and preferences of the minor.
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19 | (1.6) If the court determines that the parent, legal | ||||||
20 | guardian, or custodian of a minor has been convicted 2 or more | ||||||
21 | times for the offense of participation in methamphetamine | ||||||
22 | manufacturing as defined in Section 15 of the Methamphetamine | ||||||
23 | Control and Community Protection Act, the court shall | ||||||
24 | automatically terminate such parent, legal guardian, or | ||||||
25 | custodian's rights in relation to the minor and place the minor | ||||||
26 | with a suitable relative or other
person or commit the minor to |
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1 | an agency for care or placement as provided in subsection (1). | ||||||
2 | (2) When a minor is placed with a suitable relative or | ||||||
3 | other
person pursuant to item (a) of subsection (1),
the court | ||||||
4 | shall appoint him or her the legal custodian or guardian of the
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5 | person of the minor. When a minor is committed to any agency, | ||||||
6 | the court
shall appoint the proper officer or representative | ||||||
7 | thereof as legal
custodian or guardian of the person of the | ||||||
8 | minor. Legal custodians and
guardians of the person of the | ||||||
9 | minor have the respective rights and duties set
forth in | ||||||
10 | subsection (9) of Section 1-3 except as otherwise provided by | ||||||
11 | order
of court; but no guardian of the person may consent to | ||||||
12 | adoption of the
minor unless that authority is conferred upon | ||||||
13 | him or her in accordance with
Section 2-29. An agency whose | ||||||
14 | representative is appointed guardian of the
person or legal | ||||||
15 | custodian of the minor may place the minor in any child care
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16 | facility, but the facility must be licensed under the Child | ||||||
17 | Care Act of
1969 or have been approved by the Department of | ||||||
18 | Children and Family Services
as meeting the standards | ||||||
19 | established for such licensing. No agency may
place a minor | ||||||
20 | adjudicated under Sections 2-3 or 2-4 in a child care facility
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21 | unless the placement is in compliance with the rules and | ||||||
22 | regulations
for placement under this Section promulgated by the | ||||||
23 | Department of Children
and Family Services under Section 5 of | ||||||
24 | the Children and Family Services
Act. Like authority and | ||||||
25 | restrictions shall be conferred by the court upon
any probation | ||||||
26 | officer who has been appointed guardian of the person of a |
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1 | minor.
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2 | (3) No placement by any probation officer or agency whose | ||||||
3 | representative
is appointed guardian of the person or legal | ||||||
4 | custodian of a minor may be
made in any out of State child care | ||||||
5 | facility unless it complies with the
Interstate Compact on the | ||||||
6 | Placement of Children. Placement with a parent,
however, is not | ||||||
7 | subject to that Interstate Compact.
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8 | (4) The clerk of the court shall issue to the legal | ||||||
9 | custodian or
guardian of the person a certified copy of the | ||||||
10 | order of court, as proof
of his authority. No other process is | ||||||
11 | necessary as authority for the
keeping of the minor.
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12 | (5) Custody or guardianship granted under this Section | ||||||
13 | continues until
the court otherwise directs, but not after the | ||||||
14 | minor reaches the age
of 19 years except as set forth in | ||||||
15 | Section 2-31.
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16 | (6) (Blank).
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17 | (Source: P.A. 95-642, eff. 6-1-08.)
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