HB4496eng 98TH GENERAL ASSEMBLY

HB4496 Engrossed LRB098 19356 RLC 54509 b

AN ACT concerning courts.

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

Section 5. The Juvenile Court Act of 1987 is amended by changing Section 5-745 as follows:

(705 ILCS 405/5-745)

Sec. 5-745. Court review.

(1) The court may require any legal custodian or guardian of the person appointed under this Act, including the Department of Juvenile Justice for youth committed under Section 5-750 of this Act, to report periodically to the court or may cite him or her into court and require him or her, or his or her agency, to make a full and accurate report of his or her or its doings in behalf of the minor, including efforts to secure post-release placement of the youth after release from the Department's facilities. The legal custodian or guardian, within 10 days after the citation, shall make the report, either in writing verified by affidavit or orally under oath in open court, or otherwise as the court directs. Upon the hearing of the report the court may remove the legal custodian or guardian and appoint another in his or her stead or restore the minor to the custody of his or her parents or former guardian or legal custodian.

(1.5) The Department of Juvenile Justice shall file a critical incident report with the court within 10 days of the occurrence of a critical incident involving a youth committed to the Department. "Critical incident" means an incident that involves a serious risk to the life, health, or wellbeing of the youth, including, but not limited to, an accident or suicide attempt resulting in serious bodily harm or hospitalization, psychiatric hospitalization, alleged or suspected abuse, or escape or attempted escape from custody. The report shall contain a brief description of the incident, a summary of the actions the Department took as a result of the incident, and relevant information regarding the youth's current physical, mental, and emotional health. Upon receipt of the critical incident report, the court shall review the report and may require the Department to make a full report under subsection (1) of this Section.

(2) A guardian or legal custodian appointed by the court under this Act shall file updated case plans with the court every 6 months. Every agency which has guardianship of a child shall file a supplemental petition for court review, or review by an administrative body appointed or approved by the court and further order within 18 months of the sentencing order and each 18 months thereafter. The petition shall state facts relative to the child's present condition of physical, mental and emotional health as well as facts relative to his or her present custodial or foster care. The petition shall be set for hearing and the clerk shall mail 10 days notice of the hearing by certified mail, return receipt requested, to the person or agency having the physical custody of the child, the minor and other interested parties unless a written waiver of notice is filed with the petition.

If the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under this Article, the court shall conduct permanency hearings as set out in subsections (1), (2), and (3) of Section 2-28 of Article II of this Act.

Rights of wards of the court under this Act are enforceable against any public agency by complaints for relief by mandamus filed in any proceedings brought under this Act.

(2.1) The following provisions apply if the minor is in the physical custody of the Department of Juvenile Justice. The Department of Juvenile Justice shall file updated case plans with the court every 6 months. The plan shall also be provided to the minor's court appointed guardian ad litem, when the Department has received written notice of the appointment and a copy of the order making the appointment. When the court record includes the last known addresses for the minor's parents and guardian, the Department shall send a notice to the parents or guardian that the plan is available and the Department shall provide the plan to the parents or guardian upon request. On or before January 1, 2015, the Department of Juvenile Justice shall adopt final rules setting out the information to be contained in the case plan. The rules shall require that the information in the case plan is sufficient to assist the court in determining whether the minor's incarceration is consistent with the goals under Section 5-101 of this Act. The rules shall ensure that the materials and information contained in the plan do not violate the minor's federal and State rights to privacy and confidentiality and shall establish procedures whereby these rights may be expressly waived in writing by the minor or the minor's guardian or parent if waiver is authorized by law. Upon receipt of the plan, the court shall review the case plan and determine whether a hearing would serve the minor's best interests. The guardian ad litem, parent, or guardian of the minor may request that the court conduct a hearing. When the court has set a hearing on the case plan, the clerk shall mail notice of the hearing to the Director of Juvenile Justice and the minor's guardian ad litem at least 10 days prior to the hearing and when the court record includes their last known addresses, to the minor's parents and guardian. If the minor does not have an attorney or guardian ad litem appointed, the court may appoint an attorney or guardian ad litem, or both, for the minor. In conducting hearings under this Section, the court may take testimony of witnesses and order that the minor participate in the hearing by way of teleconferencing or audio-visual communication, if this communication technology is available. If after receiving evidence, the court determines that the services contained in the plan are not reasonably calculated to prepare the minor for a successful reentry into the community, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. The court also shall enter an order for the Department to develop and implement a new case plan or to implement changes to the current case plan consistent with the court's findings. The new case plan shall be filed with the court and served on all parties within 45 days of the date of the order. The court shall continue the matter until the new case plan is filed. Unless otherwise specifically authorized by law, the court may not under this subsection (2.1) order specific placements, specific services, or specific service providers to be included in the plan.

(3) The minor or any person interested in the minor may apply to the court for a change in custody of the minor and the appointment of a new custodian or guardian of the person or for the restoration of the minor to the custody of his or her parents or former guardian or custodian. In the event that the minor has attained 18 years of age and the guardian or custodian petitions the court for an order terminating his or her guardianship or custody, guardianship or legal custody shall terminate automatically 30 days after the receipt of the petition unless the court orders otherwise. No legal custodian or guardian of the person may be removed without his or her consent until given notice and an opportunity to be heard by the court.

(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)