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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 5-410 and 5-740 as follows:
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6 | (705 ILCS 405/5-410)
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7 | Sec. 5-410. Non-secure custody or detention.
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8 | (1) Any minor arrested or taken into custody pursuant to | |||||||||||||||||||||
9 | this Act who
requires care away from his or her home but who | |||||||||||||||||||||
10 | does not require physical
restriction shall be given temporary | |||||||||||||||||||||
11 | care in a foster family home or other
shelter facility | |||||||||||||||||||||
12 | designated by the court.
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13 | (2) (a) Any minor 10 years of age or older arrested
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14 | pursuant to this Act where there is probable cause to believe | |||||||||||||||||||||
15 | that the minor
is a delinquent minor and that
(i) secured | |||||||||||||||||||||
16 | custody is a matter of immediate and urgent necessity for the
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17 | protection of the minor or of the person or property of | |||||||||||||||||||||
18 | another, (ii) the minor
is likely to flee the jurisdiction of | |||||||||||||||||||||
19 | the court, or (iii) the minor was taken
into custody under a | |||||||||||||||||||||
20 | warrant, may be kept or detained in an authorized
detention | |||||||||||||||||||||
21 | facility. No minor under 12 years of age shall be detained in a
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22 | county jail or a municipal lockup for more than 6 hours.
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23 | (3) For any minor determined to need care away from home in |
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1 | foster care, shelter care, or detention, the court shall order, | ||||||
2 | in accordance with subsections (1) and (2) of this Section, | ||||||
3 | consistent with the health, safety, and best interests of the | ||||||
4 | minor, the removal because the minor's home cannot provide the | ||||||
5 | quality of care and level of support and supervision the minor | ||||||
6 | needs at the time. Removal from the home is in the minor's and | ||||||
7 | community's best interest for any of the following reasons: (i) | ||||||
8 | the minor is without the care necessary for the minor's well | ||||||
9 | being through no fault or lack of concern by a parent, | ||||||
10 | guardian, custodian, or other person, (ii) the minor has no | ||||||
11 | parent, guardian, custodian, or other person able to return the | ||||||
12 | minor to the court when required, or (iii) for the protection | ||||||
13 | of the minor. | ||||||
14 | (4) For any minor determined to need care away from home in | ||||||
15 | foster care, shelter care, or detention, the court, in | ||||||
16 | accordance with subsections (1) and (2) of this Section, shall | ||||||
17 | further find that reasonable efforts have been made or that, | ||||||
18 | consistent with the health, safety, and best interests of the | ||||||
19 | minor, no efforts reasonably can be made to prevent or | ||||||
20 | eliminate the necessity of removal of the minor from his or her | ||||||
21 | home. The court shall require documentation from the Probation | ||||||
22 | Department as to the reasonable efforts that were made to | ||||||
23 | prevent or eliminate the necessity of removal of the minor from | ||||||
24 | his or her home or the reasons why no efforts reasonably could | ||||||
25 | be made to prevent or eliminate the necessity of removal. | ||||||
26 | In making its findings that it is consistent with the |
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1 | health, safety, and best interests of the minor to prescribe | ||||||
2 | shelter care, the court shall state in writing: (i) the factual | ||||||
3 | basis supporting its findings concerning the immediate and | ||||||
4 | urgent necessity for the protection of the minor or of the | ||||||
5 | person or property of another, (ii) the factual basis for the | ||||||
6 | finding of the minor's and community's best interests, and | ||||||
7 | (iii) the factual basis supporting its findings that reasonable | ||||||
8 | efforts were made to prevent or eliminate the removal of the | ||||||
9 | minor from his or her home or that no efforts reasonably could | ||||||
10 | be made to prevent or eliminate the removal of the minor from | ||||||
11 | his or her home. | ||||||
12 | Once the court finds that it is a matter of immediate and | ||||||
13 | urgent necessity for the protection of the minor that the minor | ||||||
14 | be placed in a shelter care facility, detention center, or | ||||||
15 | foster care, the minor shall not be returned to the parent, | ||||||
16 | custodian, or guardian until the court finds that such | ||||||
17 | placement is no longer necessary for the protection of the | ||||||
18 | minor. | ||||||
19 | (b) The written authorization of the probation officer or | ||||||
20 | detention officer
(or other public officer designated by the | ||||||
21 | court in a county having
3,000,000 or more inhabitants) | ||||||
22 | constitutes authority for the superintendent of
any juvenile | ||||||
23 | detention home to detain and keep a minor for up to 40 hours,
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24 | excluding Saturdays, Sundays and court-designated holidays. | ||||||
25 | These
records shall be available to the same persons and | ||||||
26 | pursuant to the same
conditions as are law enforcement records |
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1 | as provided in Section 5-905.
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2 | (b-4) The consultation required by subsection (b-5) shall | ||||||
3 | not be applicable
if the probation officer or detention officer | ||||||
4 | (or other public officer
designated
by the court in a
county | ||||||
5 | having 3,000,000 or more inhabitants) utilizes a scorable | ||||||
6 | detention
screening instrument, which has been developed with | ||||||
7 | input by the State's
Attorney, to
determine whether a minor | ||||||
8 | should be detained, however, subsection (b-5) shall
still be | ||||||
9 | applicable where no such screening instrument is used or where | ||||||
10 | the
probation officer, detention officer (or other public | ||||||
11 | officer designated by the
court in a county
having 3,000,000 or | ||||||
12 | more inhabitants) deviates from the screening instrument.
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13 | (b-5) Subject to the provisions of subsection (b-4), if a | ||||||
14 | probation officer
or detention officer
(or other public officer | ||||||
15 | designated by
the court in a county having 3,000,000 or more | ||||||
16 | inhabitants) does not intend to
detain a minor for an offense | ||||||
17 | which constitutes one of the following offenses
he or she shall | ||||||
18 | consult with the State's Attorney's Office prior to the release
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19 | of the minor: first degree murder, second degree murder, | ||||||
20 | involuntary
manslaughter, criminal sexual assault, aggravated | ||||||
21 | criminal sexual assault,
aggravated battery with a firearm, | ||||||
22 | aggravated or heinous battery involving
permanent disability | ||||||
23 | or disfigurement or great bodily harm, robbery, aggravated
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24 | robbery, armed robbery, vehicular hijacking, aggravated | ||||||
25 | vehicular hijacking,
vehicular invasion, arson, aggravated | ||||||
26 | arson, kidnapping, aggravated kidnapping,
home invasion, |
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1 | burglary, or residential burglary.
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2 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
3 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
4 | lockup for more than 12 hours, unless
the offense is a crime of | ||||||
5 | violence in which case the minor may be detained up
to 24 | ||||||
6 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
7 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
8 | Alcoholism and Other Drug Abuse and
Dependency Act.
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9 | (i) The
period of detention is deemed to have begun | ||||||
10 | once the minor has been placed in a
locked room or cell or | ||||||
11 | handcuffed to a stationary object in a building housing
a | ||||||
12 | county jail or municipal lockup. Time spent transporting a | ||||||
13 | minor is not
considered to be time in detention or secure | ||||||
14 | custody.
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15 | (ii) Any minor so
confined shall be under periodic | ||||||
16 | supervision and shall not be permitted to come
into or | ||||||
17 | remain in contact with adults in custody in the building.
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18 | (iii) Upon
placement in secure custody in a jail or | ||||||
19 | lockup, the
minor shall be informed of the purpose of the | ||||||
20 | detention, the time it is
expected to last and the fact | ||||||
21 | that it cannot exceed the time specified under
this Act.
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22 | (iv) A log shall
be kept which shows the offense which | ||||||
23 | is the basis for the detention, the
reasons and | ||||||
24 | circumstances for the decision to detain and the length of | ||||||
25 | time the
minor was in detention.
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26 | (v) Violation of the time limit on detention
in a |
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1 | county jail or municipal lockup shall not, in and of | ||||||
2 | itself, render
inadmissible evidence obtained as a result | ||||||
3 | of the violation of this
time limit. Minors under 17 years | ||||||
4 | of age shall be kept separate from confined
adults and may | ||||||
5 | not at any time be kept in the same cell, room or yard with
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6 | adults confined pursuant to criminal law. Persons 17 years | ||||||
7 | of age and older
who have a petition of delinquency filed | ||||||
8 | against them may be
confined in an
adult detention | ||||||
9 | facility.
In making a determination whether to confine a | ||||||
10 | person 17 years of age or
older
who has a petition of | ||||||
11 | delinquency filed against the person, these factors,
among | ||||||
12 | other matters, shall be considered:
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13 | (A) The age of the person;
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14 | (B) Any previous delinquent or criminal history of | ||||||
15 | the person;
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16 | (C) Any previous abuse or neglect history of the | ||||||
17 | person; and
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18 | (D) Any mental health or educational history of the | ||||||
19 | person, or both.
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20 | (d) (i) If a minor 12 years of age or older is confined in a | ||||||
21 | county jail
in a
county with a population below 3,000,000 | ||||||
22 | inhabitants, then the minor's
confinement shall be implemented | ||||||
23 | in such a manner that there will be no contact
by sight, sound | ||||||
24 | or otherwise between the minor and adult prisoners. Minors
12 | ||||||
25 | years of age or older must be kept separate from confined | ||||||
26 | adults and may not
at any time
be kept in the same cell, room, |
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1 | or yard with confined adults. This paragraph
(d)(i) shall only | ||||||
2 | apply to confinement pending an adjudicatory hearing and
shall | ||||||
3 | not exceed 40 hours, excluding Saturdays, Sundays and court | ||||||
4 | designated
holidays. To accept or hold minors during this time | ||||||
5 | period, county jails shall
comply with all monitoring standards | ||||||
6 | promulgated by the Department of
Corrections and training | ||||||
7 | standards approved by the Illinois Law Enforcement
Training | ||||||
8 | Standards Board.
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9 | (ii) To accept or hold minors, 12 years of age or older, | ||||||
10 | after the time
period
prescribed in paragraph (d)(i) of this | ||||||
11 | subsection (2) of this Section but not
exceeding 7 days | ||||||
12 | including Saturdays, Sundays and holidays pending an
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13 | adjudicatory hearing, county jails shall comply with all | ||||||
14 | temporary detention
standards promulgated by the Department of | ||||||
15 | Corrections and training standards
approved by the Illinois Law | ||||||
16 | Enforcement Training Standards Board.
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17 | (iii) To accept or hold minors 12 years of age or older, | ||||||
18 | after the time
period prescribed in paragraphs (d)(i) and | ||||||
19 | (d)(ii) of this subsection (2) of
this
Section, county jails | ||||||
20 | shall comply with all programmatic and training standards
for | ||||||
21 | juvenile detention homes promulgated by the Department of | ||||||
22 | Corrections.
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23 | (e) When a minor who is at least 15 years of age is | ||||||
24 | prosecuted under the
criminal laws of this State,
the court may | ||||||
25 | enter an order directing that the juvenile be confined
in the | ||||||
26 | county jail. However, any juvenile confined in the county jail |
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1 | under
this provision shall be separated from adults who are | ||||||
2 | confined in the county
jail in such a manner that there will be | ||||||
3 | no contact by sight, sound or
otherwise between the juvenile | ||||||
4 | and adult prisoners.
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5 | (f) For purposes of appearing in a physical lineup, the | ||||||
6 | minor may be taken
to a county jail or municipal lockup under | ||||||
7 | the direct and constant supervision
of a juvenile police | ||||||
8 | officer. During such time as is necessary to conduct a
lineup, | ||||||
9 | and while supervised by a juvenile police officer, the sight | ||||||
10 | and sound
separation provisions shall not apply.
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11 | (g) For purposes of processing a minor, the minor may be | ||||||
12 | taken to a County
Jail or municipal lockup under the direct and | ||||||
13 | constant supervision of a law
enforcement officer or | ||||||
14 | correctional officer. During such time as is necessary
to | ||||||
15 | process the minor, and while supervised by a law enforcement | ||||||
16 | officer or
correctional officer, the sight and sound separation | ||||||
17 | provisions shall not
apply.
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18 | (3) If the probation officer or State's Attorney (or such | ||||||
19 | other public
officer designated by the court in a county having | ||||||
20 | 3,000,000 or more
inhabitants) determines that the minor may be | ||||||
21 | a delinquent minor as described
in subsection (3) of Section | ||||||
22 | 5-105, and should be retained in custody but does
not require
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23 | physical restriction, the minor may be placed in non-secure | ||||||
24 | custody for up to
40 hours pending a detention hearing.
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25 | (4) Any minor taken into temporary custody, not requiring | ||||||
26 | secure
detention, may, however, be detained in the home of his |
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1 | or her parent or
guardian subject to such conditions as the | ||||||
2 | court may impose.
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3 | (Source: P.A. 93-255, eff. 1-1-04.)
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4 | (705 ILCS 405/5-740)
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5 | Sec. 5-740. Placement; legal custody or guardianship.
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6 | (1) If the court finds that the parents, guardian, or legal | ||||||
7 | custodian of a
minor adjudged a ward of the court are unfit or | ||||||
8 | are unable, for some reason
other than financial
circumstances | ||||||
9 | alone, to care for, protect, train or discipline the minor or | ||||||
10 | are
unwilling to do so, and that appropriate services aimed at | ||||||
11 | family preservation
and family reunification have been | ||||||
12 | unsuccessful in rectifying the conditions
which have led to a | ||||||
13 | finding of unfitness or inability to care for, protect,
train | ||||||
14 | or discipline the minor, and that it is in the best interest of | ||||||
15 | the minor
to take him or her from the custody of his or her | ||||||
16 | parents, guardian or
custodian, the
court
may:
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17 | (a) place him or her in the custody of a suitable | ||||||
18 | relative or other
person;
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19 | (b) place him or her under the guardianship of a | ||||||
20 | probation officer;
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21 | (c) commit him or her to an agency for care or | ||||||
22 | placement, except an
institution
under the authority of the | ||||||
23 | Department of Corrections or of the Department of
Children | ||||||
24 | and
Family Services;
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25 | (d) commit him or her to some licensed training school |
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1 | or industrial
school; or
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2 | (e) commit him or her to any appropriate institution | ||||||
3 | having among its
purposes the
care of delinquent children, | ||||||
4 | including a child protective facility maintained
by a child | ||||||
5 | protection district serving the county from which | ||||||
6 | commitment is
made, but not including any institution under | ||||||
7 | the authority of the Department
of Corrections or of the | ||||||
8 | Department of Children and Family Services.
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9 | For any minor determined to need care away from home in | ||||||
10 | foster care, shelter care or detention, the court shall order, | ||||||
11 | in accordance with this subsection (1), consistent with the | ||||||
12 | health, safety, and best interests of the minor, the removal | ||||||
13 | because the minor's home cannot provide the quality of care and | ||||||
14 | level of support and supervision the minor needs at the time. | ||||||
15 | Removal from the home is in the minor's and community's best | ||||||
16 | interest for any of the following reasons: (i) the minor is | ||||||
17 | without the care necessary for the minor's well being through | ||||||
18 | no fault or lack of concern by a parent, guardian, custodian, | ||||||
19 | or other person, (ii) the minor has no parent, guardian, | ||||||
20 | custodian, or other person able to return the minor to the | ||||||
21 | court when required, or (iii) for the protection of the minor. | ||||||
22 | For any minor determined to need care away from home in | ||||||
23 | foster care, shelter care, or detention, the court, in | ||||||
24 | accordance with this subsection (1), shall further find that | ||||||
25 | reasonable efforts have been made or that, consistent with the | ||||||
26 | health, safety and best interests of the minor, no efforts |
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1 | reasonably can be made to prevent or eliminate the necessity of | ||||||
2 | removal of the minor from his or her home. The court shall | ||||||
3 | require documentation from the Probation Department as to the | ||||||
4 | reasonable efforts that were made to prevent or eliminate the | ||||||
5 | necessity of removal of the minor from his or her home or the | ||||||
6 | reasons why no efforts reasonably could be made to prevent or | ||||||
7 | eliminate the necessity of removal. | ||||||
8 | In making its findings that it is consistent with the | ||||||
9 | health, safety and best interests of the minor to prescribe | ||||||
10 | shelter care, the court shall state in writing: (i) the factual | ||||||
11 | basis supporting its findings concerning the immediate and | ||||||
12 | urgent necessity for the protection of the minor or of the | ||||||
13 | person or property of another, (ii) the factual basis for the | ||||||
14 | finding of the minor's and community's best interests, and | ||||||
15 | (iii) the factual basis supporting its findings that reasonable | ||||||
16 | efforts were made to prevent or eliminate the removal of the | ||||||
17 | minor from his or her home or that no efforts reasonably could | ||||||
18 | be made to prevent or eliminate the removal of the minor from | ||||||
19 | his or her home. | ||||||
20 | Once the court finds that it is a matter of immediate and | ||||||
21 | urgent necessity for the protection of the minor that the minor | ||||||
22 | be placed in a shelter care facility, detention center, or | ||||||
23 | foster care, the minor shall not be returned to the parent, | ||||||
24 | custodian, or guardian until the court finds that such | ||||||
25 | placement is no longer necessary for the protection of the | ||||||
26 | minor. |
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1 | (2) When making such placement, the court, wherever | ||||||
2 | possible, shall select
a person holding the same religious | ||||||
3 | belief as that of the minor or a private
agency controlled by | ||||||
4 | persons of like religious faith of the minor and shall
require | ||||||
5 | the Department of Children and
Family Services to otherwise | ||||||
6 | comply with Section 7 of the Children and Family
Services Act | ||||||
7 | in placing the child. In addition, whenever alternative plans | ||||||
8 | for
placement are available, the court shall ascertain and | ||||||
9 | consider, to the extent
appropriate in the particular case, the | ||||||
10 | views and preferences of the minor.
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11 | (3) When a minor is placed with a suitable relative or | ||||||
12 | other person, the
court shall appoint him or her the legal | ||||||
13 | custodian or guardian of the person of
the
minor. When a minor | ||||||
14 | is committed to any agency, the court shall appoint the
proper | ||||||
15 | officer or representative of the proper officer as legal | ||||||
16 | custodian or
guardian of the
person of the minor. Legal | ||||||
17 | custodians and guardians of the person of the minor
have the | ||||||
18 | respective rights and duties set forth in subsection (9) of
| ||||||
19 | Section 5-105 except as otherwise provided by order of court; | ||||||
20 | but no guardian
of the person may consent to adoption of the | ||||||
21 | minor. An agency whose
representative is appointed guardian of | ||||||
22 | the person or legal custodian of the
minor may place him or her | ||||||
23 | in any child care facility, but the facility must be
licensed | ||||||
24 | under the Child Care Act of 1969 or have been approved by the
| ||||||
25 | Department of Children and Family Services as meeting the | ||||||
26 | standards established
for such licensing. Like authority and |
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1 | restrictions shall be conferred by the
court upon any probation | ||||||
2 | officer who has been appointed guardian of the person
of a | ||||||
3 | minor.
| ||||||
4 | (4) No placement by any probation officer or agency whose | ||||||
5 | representative
is
appointed guardian of the person or legal | ||||||
6 | custodian of a minor may be made in
any out of State
child care | ||||||
7 | facility unless it complies with the Interstate Compact on the
| ||||||
8 | Placement of Children.
| ||||||
9 | (5) The clerk of the court shall issue to the guardian or | ||||||
10 | legal custodian
of the person a certified copy of the order of | ||||||
11 | court, as proof of his or her
authority. No other process is | ||||||
12 | necessary as authority for the keeping of the
minor.
| ||||||
13 | (6) Legal custody or guardianship granted under this | ||||||
14 | Section continues
until the court otherwise directs, but not | ||||||
15 | after the minor reaches the age of
21 years except as set forth | ||||||
16 | in Section 5-750.
| ||||||
17 | (7) Whenever a minor is removed from home and placed in a | ||||||
18 | shelter care facility, detention center, or foster care or | ||||||
19 | other residential placement and the county will be responsible | ||||||
20 | for the costs of such placement under Section 6-7 of this Act, | ||||||
21 | then the Court shall order that the Probation Department shall | ||||||
22 | be responsible for the child's placement, care, and control | ||||||
23 | until such time as the Court finds that such placement is no | ||||||
24 | longer required for the protection of the child. | ||||||
25 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
26 | Section 99. Effective date. This Act takes effect upon |
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| |||||||
1 | becoming law.
|