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1 | | AN ACT concerning children.
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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 Identity Protection Act is amended by |
5 | | changing Section 10 as follows: |
6 | | (5 ILCS 179/10)
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7 | | Sec. 10. Prohibited Activities. |
8 | | (a) Beginning July 1, 2010, no person or State or local |
9 | | government agency may do any of the following:
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10 | | (1) Publicly post or publicly display in any manner an |
11 | | individual's social security number.
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12 | | (2) Print an individual's social security number on any |
13 | | card required for the individual to access products or |
14 | | services provided by the person or entity.
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15 | | (3) Require an individual to transmit his or her social |
16 | | security number over the Internet, unless the connection is |
17 | | secure or the social security number is encrypted.
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18 | | (4) Print an individual's social security number on any |
19 | | materials that are mailed to the individual, through the |
20 | | U.S. Postal Service, any private mail service, electronic |
21 | | mail, or any similar method of delivery, unless State or |
22 | | federal law requires the social security number to be on |
23 | | the document to be mailed. Notwithstanding any provision in |
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1 | | this Section to the contrary, social security numbers may |
2 | | be included in applications and forms sent by mail, |
3 | | including, but not limited to, any material mailed in |
4 | | connection with the administration of the Unemployment |
5 | | Insurance Act, any material mailed in connection with any |
6 | | tax administered by the Department of Revenue, and |
7 | | documents sent as part of an application or enrollment |
8 | | process or to establish, amend, or terminate an account, |
9 | | contract, or policy or to confirm the accuracy of the |
10 | | social security number. A social security number that may |
11 | | permissibly be mailed under this Section may not be |
12 | | printed, in whole or in part, on a postcard or other mailer |
13 | | that does not require an envelope or be visible on an |
14 | | envelope without the envelope having been opened.
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15 | | (b) Except as otherwise provided in this Act, beginning |
16 | | July 1, 2010, no person or State or local government agency may |
17 | | do any of the following:
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18 | | (1) Collect, use, or disclose a social security number |
19 | | from an individual, unless (i) required to do so under |
20 | | State or federal law, rules, or regulations, or the |
21 | | collection, use, or disclosure of the social security |
22 | | number is otherwise necessary for the performance of that |
23 | | agency's duties and responsibilities; (ii) the need and |
24 | | purpose for the social security number is documented before |
25 | | collection of the social security number; and (iii) the |
26 | | social security number collected is relevant to the |
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1 | | documented need and purpose.
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2 | | (2) Require an individual to use his or her social |
3 | | security number to access an Internet website.
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4 | | (3) Use the social security number for any purpose |
5 | | other than the purpose for which it was collected.
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6 | | (c) The prohibitions in subsection (b) do not apply in the |
7 | | following circumstances:
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8 | | (1) The disclosure of social security numbers to |
9 | | agents, employees, contractors, or subcontractors of a |
10 | | governmental entity or disclosure by a governmental entity |
11 | | to another governmental entity or its agents, employees, |
12 | | contractors, or subcontractors if disclosure is necessary |
13 | | in order for the entity to perform its duties and |
14 | | responsibilities; and, if disclosing to a contractor or |
15 | | subcontractor, prior to such disclosure, the governmental |
16 | | entity must first receive from the contractor or |
17 | | subcontractor a copy of the contractor's or |
18 | | subcontractor's policy that sets forth how the |
19 | | requirements imposed under this Act on a governmental |
20 | | entity to protect an individual's social security number |
21 | | will be achieved.
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22 | | (2) The disclosure of social security numbers pursuant |
23 | | to a court order, warrant, or subpoena.
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24 | | (3) The collection, use, or disclosure of social |
25 | | security numbers in order to ensure the safety of: State |
26 | | and local government employees; persons committed to |
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1 | | correctional facilities, local jails, and other |
2 | | law-enforcement facilities or retention centers; wards of |
3 | | the State; youth in care as defined in Section 4d of the |
4 | | Children and Family Services Act, and all persons working |
5 | | in or visiting a State or local government agency facility.
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6 | | (4) The collection, use, or disclosure of social |
7 | | security numbers for internal verification or |
8 | | administrative purposes.
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9 | | (5) The disclosure of social security numbers by a |
10 | | State agency to any entity for the collection of delinquent |
11 | | child support or of any State debt or to a governmental |
12 | | agency to assist with an investigation or the prevention of |
13 | | fraud.
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14 | | (6) The collection or use of social security numbers to |
15 | | investigate or prevent fraud, to conduct background |
16 | | checks, to collect a debt, to obtain a credit report from a |
17 | | consumer reporting agency under the federal Fair Credit |
18 | | Reporting Act, to undertake any permissible purpose that is |
19 | | enumerated under the federal Gramm-Leach-Bliley Act, or to |
20 | | locate a missing person, a lost relative, or a person who |
21 | | is due a benefit, such as a pension benefit or an unclaimed |
22 | | property benefit.
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23 | | (d) If any State or local government agency has adopted |
24 | | standards for the collection, use, or disclosure of social |
25 | | security numbers that are stricter than the standards under |
26 | | this Act with respect to the protection of those social |
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1 | | security numbers, then, in the event of any conflict with the |
2 | | provisions of this Act, the stricter standards adopted by the |
3 | | State or local government agency shall control.
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4 | | (Source: P.A. 96-874, eff. 6-1-10; 97-333, eff. 8-12-11.) |
5 | | Section 10. The State Employee Indemnification Act is |
6 | | amended by changing Section 1 as follows: |
7 | | (5 ILCS 350/1) (from Ch. 127, par. 1301)
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8 | | Sec. 1. Definitions. For the purpose of this Act:
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9 | | (a) The term "State" means the State of Illinois, the |
10 | | General
Assembly, the court, or any State office, department, |
11 | | division, bureau,
board, commission, or committee, the |
12 | | governing boards of the public
institutions of higher education |
13 | | created by the State, the Illinois
National Guard, the |
14 | | Comprehensive Health Insurance Board, any poison control
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15 | | center designated under the Poison Control System Act that |
16 | | receives State
funding, or any other agency or instrumentality |
17 | | of the State. It
does not mean any local public entity as that |
18 | | term is defined in Section
1-206 of the Local Governmental and |
19 | | Governmental Employees Tort Immunity
Act or a pension fund.
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20 | | (b) The term "employee" means: any present or former |
21 | | elected or
appointed officer, trustee or employee of the State, |
22 | | or of a pension
fund;
any present or former commissioner or |
23 | | employee of the Executive Ethics
Commission or of the |
24 | | Legislative Ethics Commission; any present or former
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1 | | Executive, Legislative, or Auditor General's Inspector |
2 | | General; any present or
former employee of an Office of an |
3 | | Executive, Legislative, or Auditor General's
Inspector |
4 | | General; any present or former member of the Illinois National
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5 | | Guard
while on active duty; individuals or organizations who |
6 | | contract with the
Department of Corrections, the Department of |
7 | | Juvenile Justice, the Comprehensive Health Insurance Board, or |
8 | | the
Department of Veterans' Affairs to provide services; |
9 | | individuals or
organizations who contract with the Department |
10 | | of Human Services (as
successor to the Department of Mental |
11 | | Health and Developmental
Disabilities) to provide services |
12 | | including but not limited to treatment and
other services for |
13 | | sexually violent persons; individuals or organizations who
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14 | | contract with the Department of
Military
Affairs for youth |
15 | | programs; individuals or
organizations who contract to perform |
16 | | carnival and amusement ride safety
inspections for the |
17 | | Department of Labor; individuals who contract with the Office |
18 | | of the State's Attorneys Appellate Prosecutor to provide legal |
19 | | services, but only when performing duties within the scope of |
20 | | the Office's prosecutorial activities; individual |
21 | | representatives of or
designated organizations authorized to |
22 | | represent the Office of State Long-Term
Ombudsman for the |
23 | | Department on Aging; individual representatives of or
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24 | | organizations designated by the Department on Aging in the |
25 | | performance of their
duties as adult protective services |
26 | | agencies or regional administrative agencies
under the Adult |
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1 | | Protective Services Act; individuals or organizations |
2 | | appointed as members of a review team or the Advisory Council |
3 | | under the Adult Protective Services Act; individuals or |
4 | | organizations who perform
volunteer services for the State |
5 | | where such volunteer relationship is reduced
to writing; |
6 | | individuals who serve on any public entity (whether created by |
7 | | law
or administrative action) described in paragraph (a) of |
8 | | this Section; individuals or not for profit organizations who, |
9 | | either as volunteers, where
such volunteer relationship is |
10 | | reduced to writing, or pursuant to contract,
furnish |
11 | | professional advice or consultation to any agency or |
12 | | instrumentality of
the State; individuals who serve as foster |
13 | | parents for the Department of
Children and Family Services when |
14 | | caring for youth in care as defined in Section 4d of the |
15 | | Children and Family Services Act a Department ward ; individuals |
16 | | who serve as members of an independent team of experts under |
17 | | Brian's Law; and individuals
who serve as arbitrators pursuant |
18 | | to Part 10A of
Article II of the Code of Civil Procedure and |
19 | | the rules of the Supreme Court
implementing Part 10A, each as |
20 | | now or hereafter amended; the term "employee" does not mean an
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21 | | independent contractor except as provided in this Section. The |
22 | | term includes an
individual appointed as an inspector by the |
23 | | Director of State Police when
performing duties within the |
24 | | scope of the activities of a Metropolitan
Enforcement Group or |
25 | | a law enforcement organization established under the
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26 | | Intergovernmental Cooperation Act. An individual who renders |
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1 | | professional
advice and consultation to the State through an |
2 | | organization which qualifies as
an "employee" under the Act is |
3 | | also an employee. The term includes the estate
or personal |
4 | | representative of an employee.
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5 | | (c) The term "pension fund" means a retirement system or |
6 | | pension
fund created under the Illinois Pension Code.
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7 | | (Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; 98-732, |
8 | | eff. 7-16-14; 98-756, eff. 7-16-14 .)
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9 | | Section 15. The Civil Administrative Code of Illinois is |
10 | | amended by changing Section 5-535 as follows:
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11 | | (20 ILCS 5/5-535) (was 20 ILCS 5/6.15)
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12 | | Sec. 5-535. In the Department of Children and Family |
13 | | Services. A Children and Family Services Advisory Council of 21
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14 | | members shall be appointed
by the Governor. The Department of |
15 | | Children and Family Services may involve the participation of |
16 | | additional persons with specialized expertise to assist the |
17 | | Council in specified tasks. The Council shall advise the |
18 | | Department with
respect to
services and programs for |
19 | | individuals under the Department of Children and Family |
20 | | Services' care, which may include, but is not limited to: |
21 | | (1) reviewing the Department of Children and Family |
22 | | Services' monitoring process for child care facilities and |
23 | | child care institutions, as defined in Sections 2.05 and |
24 | | 2.06 of the Child Care Act of 1969; |
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1 | | (2) reviewing monitoring standards to address the |
2 | | quality of life for youth in Department of Children and |
3 | | Family Services' licensed child care facilities; |
4 | | (3) assisting and making recommendations to establish |
5 | | standards for monitoring the safety and well-being of youth |
6 | | placed in Department of Children and Family Services' |
7 | | licensed child care facilities and overseeing the |
8 | | implementation of its recommendations; |
9 | | (4) identifying areas of improvement in the quality of |
10 | | investigations of allegations of child abuse or neglect in |
11 | | Department of Children and Family Services' licensed child |
12 | | care facilities and institutions and transitional living |
13 | | programs; |
14 | | (5) reviewing indicated and unfounded reports selected |
15 | | at random or requested by the Council; |
16 | | (6) reviewing a random sample of comprehensive call |
17 | | data reports on (i) calls made to the Department of |
18 | | Children and Family Services' statewide toll-free |
19 | | telephone number established under Section 9.1a of the |
20 | | Child Care Act of 1969 and (ii) calls made to the central |
21 | | register established under Section 7.7 of the Abused and |
22 | | Neglected Child Reporting Act through the State-wide, |
23 | | toll-free telephone number established under Section 7.6 |
24 | | of the Abused and Neglected Child Reporting Act, including |
25 | | those where investigations were not initiated; and |
26 | | (7) preparing and providing recommendations that |
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1 | | identify areas of needed improvement regarding the |
2 | | investigation of allegations of abuse and neglect to |
3 | | children in Department of Children and Family Services' |
4 | | licensed child care facilities and institutions and |
5 | | transitional living programs, as well as needed changes to |
6 | | existing laws, rules, and procedures of the Department of |
7 | | Children and Family Services, and overseeing |
8 | | implementation of its recommendations. |
9 | | The Council's initial recommendations shall be filed with |
10 | | the General Assembly and made available to the public no later |
11 | | than March 1, 2017. |
12 | | The Department of Children and Family Services shall |
13 | | provide, upon request, all records and information in the |
14 | | Department of Children and Family Services' possession |
15 | | relevant to the Advisory Council's review. All documents, in |
16 | | compliance with applicable privacy laws and redacted where |
17 | | appropriate, concerning reports and investigations of child |
18 | | abuse and neglect made available to members of the Advisory |
19 | | Council and all records generated as a result of the reports |
20 | | shall be confidential and shall not be disclosed, except as |
21 | | specifically authorized by applicable law. It is a Class A |
22 | | misdemeanor to permit, assist, or encourage the unauthorized |
23 | | release of any information contained in reports or records and |
24 | | these reports or records are not subject to the Freedom of |
25 | | Information Act. |
26 | | In
appointing the first Council, 8 members shall be named |
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1 | | to serve 2 years,
and 8 members named to serve 4 years. The |
2 | | member first
appointed under Public Act 83-1538
shall serve for |
3 | | a term of 4
years. All members appointed thereafter
shall be |
4 | | appointed for terms of 4 years. Beginning July 1, 2015, the |
5 | | Advisory Council shall include as appointed members at least |
6 | | one youth from each of the Department of Children and Family |
7 | | Services' regional youth advisory boards established pursuant |
8 | | to Section 5 of the Department of Children and Family Services |
9 | | Statewide Youth Advisory Board Act and at least 2 adult former |
10 | | youth in care as defined in Section 4d of the Children and |
11 | | Family Services Act wards of the Department of Children and |
12 | | Family Services . At its first meeting the Council
shall select |
13 | | a chairperson from among its members and appoint a committee to
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14 | | draft rules of procedure.
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15 | | (Source: P.A. 99-346, eff. 1-1-16 .)
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16 | | Section 20. The Children and Family Services Act is amended |
17 | | by changing Sections 5, 5a, 6b, 7.5, 34.11, 35.1, and 39.3 and |
18 | | by adding Section 4d as follows: |
19 | | (20 ILCS 505/4d new) |
20 | | Sec. 4d. Definition. As used in this Act: |
21 | | "Youth in care" means persons placed in the temporary |
22 | | custody or guardianship of the Department pursuant to the |
23 | | Juvenile Court Act of 1987.
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1 | | (20 ILCS 505/5) (from Ch. 23, par. 5005)
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2 | | Sec. 5. Direct child welfare services; Department of |
3 | | Children and Family
Services. To provide direct child welfare |
4 | | services when not available
through other public or private |
5 | | child care or program facilities.
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6 | | (a) For purposes of this Section:
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7 | | (1) "Children" means persons found within the State who |
8 | | are under the
age of 18 years. The term also includes |
9 | | persons under age 21 who:
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10 | | (A) were committed to the Department pursuant to |
11 | | the
Juvenile Court Act or the Juvenile Court Act of |
12 | | 1987, as amended, prior to
the age of 18 and who |
13 | | continue under the jurisdiction of the court; or
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14 | | (B) were accepted for care, service and training by
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15 | | the Department prior to the age of 18 and whose best |
16 | | interest in the
discretion of the Department would be |
17 | | served by continuing that care,
service and training |
18 | | because of severe emotional disturbances, physical
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19 | | disability, social adjustment or any combination |
20 | | thereof, or because of the
need to complete an |
21 | | educational or vocational training program.
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22 | | (2) "Homeless youth" means persons found within the
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23 | | State who are under the age of 19, are not in a safe and |
24 | | stable living
situation and cannot be reunited with their |
25 | | families.
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26 | | (3) "Child welfare services" means public social |
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1 | | services which are
directed toward the accomplishment of |
2 | | the following purposes:
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3 | | (A) protecting and promoting the health, safety |
4 | | and welfare of
children,
including homeless, dependent |
5 | | or neglected children;
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6 | | (B) remedying, or assisting in the solution
of |
7 | | problems which may result in, the neglect, abuse, |
8 | | exploitation or
delinquency of children;
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9 | | (C) preventing the unnecessary separation of |
10 | | children
from their families by identifying family |
11 | | problems, assisting families in
resolving their |
12 | | problems, and preventing the breakup of the family
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13 | | where the prevention of child removal is desirable and |
14 | | possible when the
child can be cared for at home |
15 | | without endangering the child's health and
safety;
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16 | | (D) restoring to their families children who have |
17 | | been
removed, by the provision of services to the child |
18 | | and the families when the
child can be cared for at |
19 | | home without endangering the child's health and
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20 | | safety;
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21 | | (E) placing children in suitable adoptive homes, |
22 | | in
cases where restoration to the biological family is |
23 | | not safe, possible or
appropriate;
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24 | | (F) assuring safe and adequate care of children |
25 | | away from their
homes, in cases where the child cannot |
26 | | be returned home or cannot be placed
for adoption. At |
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1 | | the time of placement, the Department shall consider
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2 | | concurrent planning,
as described in subsection (l-1) |
3 | | of this Section so that permanency may
occur at the |
4 | | earliest opportunity. Consideration should be given so |
5 | | that if
reunification fails or is delayed, the |
6 | | placement made is the best available
placement to |
7 | | provide permanency for the child;
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8 | | (G) (blank);
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9 | | (H) (blank); and
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10 | | (I) placing and maintaining children in facilities |
11 | | that provide
separate living quarters for children |
12 | | under the age of 18 and for children
18 years of age |
13 | | and older, unless a child 18 years of age is in the |
14 | | last
year of high school education or vocational |
15 | | training, in an approved
individual or group treatment |
16 | | program, in a licensed shelter facility,
or secure |
17 | | child care facility.
The Department is not required to |
18 | | place or maintain children:
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19 | | (i) who are in a foster home, or
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20 | | (ii) who are persons with a developmental |
21 | | disability, as defined in
the Mental
Health and |
22 | | Developmental Disabilities Code, or
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23 | | (iii) who are female children who are |
24 | | pregnant, pregnant and
parenting or parenting, or
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25 | | (iv) who are siblings, in facilities that |
26 | | provide separate living quarters for children 18
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1 | | years of age and older and for children under 18 |
2 | | years of age.
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3 | | (b) Nothing in this Section shall be construed to authorize |
4 | | the
expenditure of public funds for the purpose of performing |
5 | | abortions.
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6 | | (c) The Department shall establish and maintain |
7 | | tax-supported child
welfare services and extend and seek to |
8 | | improve voluntary services
throughout the State, to the end |
9 | | that services and care shall be available
on an equal basis |
10 | | throughout the State to children requiring such services.
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11 | | (d) The Director may authorize advance disbursements for |
12 | | any new program
initiative to any agency contracting with the |
13 | | Department. As a
prerequisite for an advance disbursement, the |
14 | | contractor must post a
surety bond in the amount of the advance |
15 | | disbursement and have a
purchase of service contract approved |
16 | | by the Department. The Department
may pay up to 2 months |
17 | | operational expenses in advance. The amount of the
advance |
18 | | disbursement shall be prorated over the life of the contract
or |
19 | | the remaining months of the fiscal year, whichever is less, and |
20 | | the
installment amount shall then be deducted from future |
21 | | bills. Advance
disbursement authorizations for new initiatives |
22 | | shall not be made to any
agency after that agency has operated |
23 | | during 2 consecutive fiscal years.
The requirements of this |
24 | | Section concerning advance disbursements shall
not apply with |
25 | | respect to the following: payments to local public agencies
for |
26 | | child day care services as authorized by Section 5a of this |
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1 | | Act; and
youth service programs receiving grant funds under |
2 | | Section 17a-4.
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3 | | (e) (Blank).
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4 | | (f) (Blank).
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5 | | (g) The Department shall establish rules and regulations |
6 | | concerning
its operation of programs designed to meet the goals |
7 | | of child safety and
protection,
family preservation, family |
8 | | reunification, and adoption, including but not
limited to:
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9 | | (1) adoption;
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10 | | (2) foster care;
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11 | | (3) family counseling;
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12 | | (4) protective services;
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13 | | (5) (blank);
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14 | | (6) homemaker service;
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15 | | (7) return of runaway children;
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16 | | (8) (blank);
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17 | | (9) placement under Section 5-7 of the Juvenile Court |
18 | | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile |
19 | | Court Act of 1987 in
accordance with the federal Adoption |
20 | | Assistance and Child Welfare Act of
1980; and
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21 | | (10) interstate services.
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22 | | Rules and regulations established by the Department shall |
23 | | include
provisions for training Department staff and the staff |
24 | | of Department
grantees, through contracts with other agencies |
25 | | or resources, in alcohol
and drug abuse screening techniques |
26 | | approved by the Department of Human
Services, as a successor to |
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1 | | the Department of Alcoholism and Substance Abuse,
for the |
2 | | purpose of identifying children and adults who
should be |
3 | | referred to an alcohol and drug abuse treatment program for
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4 | | professional evaluation.
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5 | | (h) If the Department finds that there is no appropriate |
6 | | program or
facility within or available to the Department for a |
7 | | youth in care ward and that no
licensed private facility has an |
8 | | adequate and appropriate program or none
agrees to accept the |
9 | | youth in care ward , the Department shall create an appropriate
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10 | | individualized, program-oriented plan for such youth in care |
11 | | ward . The
plan may be developed within the Department or |
12 | | through purchase of services
by the Department to the extent |
13 | | that it is within its statutory authority
to do.
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14 | | (i) Service programs shall be available throughout the |
15 | | State and shall
include but not be limited to the following |
16 | | services:
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17 | | (1) case management;
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18 | | (2) homemakers;
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19 | | (3) counseling;
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20 | | (4) parent education;
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21 | | (5) day care; and
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22 | | (6) emergency assistance and advocacy.
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23 | | In addition, the following services may be made available |
24 | | to assess and
meet the needs of children and families:
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25 | | (1) comprehensive family-based services;
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26 | | (2) assessments;
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1 | | (3) respite care; and
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2 | | (4) in-home health services.
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3 | | The Department shall provide transportation for any of the |
4 | | services it
makes available to children or families or for |
5 | | which it refers children
or families.
|
6 | | (j) The Department may provide categories of financial |
7 | | assistance and
education assistance grants, and shall
|
8 | | establish rules and regulations concerning the assistance and |
9 | | grants, to
persons who
adopt children with physical or mental |
10 | | disabilities, children who are older, or other hard-to-place
|
11 | | children who (i) immediately prior to their adoption were youth |
12 | | in care legal wards of
the Department
or (ii) were determined |
13 | | eligible for financial assistance with respect to a
prior |
14 | | adoption and who become available for adoption because the
|
15 | | prior adoption has been dissolved and the parental rights of |
16 | | the adoptive
parents have been
terminated or because the |
17 | | child's adoptive parents have died.
The Department may continue |
18 | | to provide financial assistance and education assistance |
19 | | grants for a child who was determined eligible for financial |
20 | | assistance under this subsection (j) in the interim period |
21 | | beginning when the child's adoptive parents died and ending |
22 | | with the finalization of the new adoption of the child by |
23 | | another adoptive parent or parents. The Department may also |
24 | | provide categories of financial
assistance and education |
25 | | assistance grants, and
shall establish rules and regulations |
26 | | for the assistance and grants, to persons
appointed guardian of |
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1 | | the person under Section 5-7 of the Juvenile Court
Act or |
2 | | Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile Court Act of |
3 | | 1987
for children who were youth in care wards of the |
4 | | Department for 12 months immediately
prior to the appointment |
5 | | of the guardian.
|
6 | | The amount of assistance may vary, depending upon the needs |
7 | | of the child
and the adoptive parents,
as set forth in the |
8 | | annual
assistance agreement. Special purpose grants are |
9 | | allowed where the child
requires special service but such costs |
10 | | may not exceed the amounts
which similar services would cost |
11 | | the Department if it were to provide or
secure them as guardian |
12 | | of the child.
|
13 | | Any financial assistance provided under this subsection is
|
14 | | inalienable by assignment, sale, execution, attachment, |
15 | | garnishment, or any
other remedy for recovery or collection of |
16 | | a judgment or debt.
|
17 | | (j-5) The Department shall not deny or delay the placement |
18 | | of a child for
adoption
if an approved family is available |
19 | | either outside of the Department region
handling the case,
or |
20 | | outside of the State of Illinois.
|
21 | | (k) The Department shall accept for care and training any |
22 | | child who has
been adjudicated neglected or abused, or |
23 | | dependent committed to it pursuant
to the Juvenile Court Act or |
24 | | the Juvenile Court Act of 1987.
|
25 | | (l) The Department shall
offer family preservation |
26 | | services, as defined in Section 8.2 of the Abused
and
Neglected |
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1 | | Child
Reporting Act, to help families, including adoptive and |
2 | | extended families.
Family preservation
services shall be |
3 | | offered (i) to prevent the
placement
of children in
substitute |
4 | | care when the children can be cared for at home or in the |
5 | | custody of
the person
responsible for the children's welfare,
|
6 | | (ii) to
reunite children with their families, or (iii) to
|
7 | | maintain an adoptive placement. Family preservation services |
8 | | shall only be
offered when doing so will not endanger the |
9 | | children's health or safety. With
respect to children who are |
10 | | in substitute care pursuant to the Juvenile Court
Act of 1987, |
11 | | family preservation services shall not be offered if a goal |
12 | | other
than those of subdivisions (A), (B), or (B-1) of |
13 | | subsection (2) of Section 2-28
of
that Act has been set.
|
14 | | Nothing in this paragraph shall be construed to create a |
15 | | private right of
action or claim on the part of any individual |
16 | | or child welfare agency, except that when a child is the |
17 | | subject of an action under Article II of the Juvenile Court Act |
18 | | of 1987 and the child's service plan calls for services to |
19 | | facilitate achievement of the permanency goal, the court |
20 | | hearing the action under Article II of the Juvenile Court Act |
21 | | of 1987 may order the Department to provide the services set |
22 | | out in the plan, if those services are not provided with |
23 | | reasonable promptness and if those services are available.
|
24 | | The Department shall notify the child and his family of the
|
25 | | Department's
responsibility to offer and provide family |
26 | | preservation services as
identified in the service plan. The |
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1 | | child and his family shall be eligible
for services as soon as |
2 | | the report is determined to be "indicated". The
Department may |
3 | | offer services to any child or family with respect to whom a
|
4 | | report of suspected child abuse or neglect has been filed, |
5 | | prior to
concluding its investigation under Section 7.12 of the |
6 | | Abused and Neglected
Child Reporting Act. However, the child's |
7 | | or family's willingness to
accept services shall not be |
8 | | considered in the investigation. The
Department may also |
9 | | provide services to any child or family who is the
subject of |
10 | | any report of suspected child abuse or neglect or may refer |
11 | | such
child or family to services available from other agencies |
12 | | in the community,
even if the report is determined to be |
13 | | unfounded, if the conditions in the
child's or family's home |
14 | | are reasonably likely to subject the child or
family to future |
15 | | reports of suspected child abuse or neglect. Acceptance
of such |
16 | | services shall be voluntary. The Department may also provide |
17 | | services to any child or family after completion of a family |
18 | | assessment, as an alternative to an investigation, as provided |
19 | | under the "differential response program" provided for in |
20 | | subsection (a-5) of Section 7.4 of the Abused and Neglected |
21 | | Child Reporting Act.
|
22 | | The Department may, at its discretion except for those |
23 | | children also
adjudicated neglected or dependent, accept for |
24 | | care and training any child
who has been adjudicated addicted, |
25 | | as a truant minor in need of
supervision or as a minor |
26 | | requiring authoritative intervention, under the
Juvenile Court |
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1 | | Act or the Juvenile Court Act of 1987, but no such child
shall |
2 | | be committed to the Department by any court without the |
3 | | approval of
the Department. On and after the effective date of |
4 | | this amendatory Act of the 98th General Assembly and before |
5 | | January 1, 2017, a minor charged with a criminal offense under |
6 | | the Criminal
Code of 1961 or the Criminal Code of 2012 or |
7 | | adjudicated delinquent shall not be placed in the custody of or
|
8 | | committed to the Department by any court, except (i) a minor |
9 | | less than 16 years
of age committed to the Department under |
10 | | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor |
11 | | for whom an independent basis of abuse, neglect, or dependency |
12 | | exists, which must be defined by departmental rule, or (iii) a |
13 | | minor for whom the court has granted a supplemental petition to |
14 | | reinstate wardship pursuant to subsection (2) of Section 2-33 |
15 | | of the Juvenile Court Act of 1987. On and after January 1, |
16 | | 2017, a minor charged with a criminal offense under the |
17 | | Criminal
Code of 1961 or the Criminal Code of 2012 or |
18 | | adjudicated delinquent shall not be placed in the custody of or
|
19 | | committed to the Department by any court, except (i) a minor |
20 | | less than 15 years
of age committed to the Department under |
21 | | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor |
22 | | for whom an independent basis of abuse, neglect, or dependency |
23 | | exists, which must be defined by departmental rule, or (iii) a |
24 | | minor for whom the court has granted a supplemental petition to |
25 | | reinstate wardship pursuant to subsection (2) of Section 2-33 |
26 | | of the Juvenile Court Act of 1987. An independent basis exists |
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1 | | when the allegations or adjudication of abuse, neglect, or |
2 | | dependency do not arise from the same facts, incident, or |
3 | | circumstances which give rise to a charge or adjudication of |
4 | | delinquency.
|
5 | | As soon as is possible after August 7, 2009 (the effective |
6 | | date of Public Act 96-134), the Department shall develop and |
7 | | implement a special program of family preservation services to |
8 | | support intact, foster, and adoptive families who are |
9 | | experiencing extreme hardships due to the difficulty and stress |
10 | | of caring for a child who has been diagnosed with a pervasive |
11 | | developmental disorder if the Department determines that those |
12 | | services are necessary to ensure the health and safety of the |
13 | | child. The Department may offer services to any family whether |
14 | | or not a report has been filed under the Abused and Neglected |
15 | | Child Reporting Act. The Department may refer the child or |
16 | | family to services available from other agencies in the |
17 | | community if the conditions in the child's or family's home are |
18 | | reasonably likely to subject the child or family to future |
19 | | reports of suspected child abuse or neglect. Acceptance of |
20 | | these services shall be voluntary. The Department shall develop |
21 | | and implement a public information campaign to alert health and |
22 | | social service providers and the general public about these |
23 | | special family preservation services. The nature and scope of |
24 | | the services offered and the number of families served under |
25 | | the special program implemented under this paragraph shall be |
26 | | determined by the level of funding that the Department annually |
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1 | | allocates for this purpose. The term "pervasive developmental |
2 | | disorder" under this paragraph means a neurological condition, |
3 | | including but not limited to, Asperger's Syndrome and autism, |
4 | | as defined in the most recent edition of the Diagnostic and |
5 | | Statistical Manual of Mental Disorders of the American |
6 | | Psychiatric Association. |
7 | | (l-1) The legislature recognizes that the best interests of |
8 | | the child
require that
the child be placed in the most |
9 | | permanent living arrangement as soon as is
practically
|
10 | | possible. To achieve this goal, the legislature directs the |
11 | | Department of
Children and
Family Services to conduct |
12 | | concurrent planning so that permanency may occur at
the
|
13 | | earliest opportunity. Permanent living arrangements may |
14 | | include prevention of
placement of a child outside the home of |
15 | | the family when the child can be cared
for at
home without |
16 | | endangering the child's health or safety; reunification with |
17 | | the
family,
when safe and appropriate, if temporary placement |
18 | | is necessary; or movement of
the child
toward the most |
19 | | permanent living arrangement and permanent legal status.
|
20 | | When determining reasonable efforts to be made with respect |
21 | | to a child, as
described in this
subsection, and in making such |
22 | | reasonable efforts, the child's health and
safety shall be the
|
23 | | paramount concern.
|
24 | | When a child is placed in foster care, the Department shall |
25 | | ensure and
document that reasonable efforts were made to |
26 | | prevent or eliminate the need to
remove the child from the |
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1 | | child's home. The Department must make
reasonable efforts to |
2 | | reunify the family when temporary placement of the child
occurs
|
3 | | unless otherwise required, pursuant to the Juvenile Court Act |
4 | | of 1987.
At any time after the dispositional hearing where the |
5 | | Department believes
that further reunification services would |
6 | | be ineffective, it may request a
finding from the court that |
7 | | reasonable efforts are no longer appropriate. The
Department is |
8 | | not required to provide further reunification services after |
9 | | such
a
finding.
|
10 | | A decision to place a child in substitute care shall be |
11 | | made with
considerations of the child's health, safety, and |
12 | | best interests. At the
time of placement, consideration should |
13 | | also be given so that if reunification
fails or is delayed, the |
14 | | placement made is the best available placement to
provide |
15 | | permanency for the child.
|
16 | | The Department shall adopt rules addressing concurrent |
17 | | planning for
reunification and permanency. The Department |
18 | | shall consider the following
factors when determining |
19 | | appropriateness of concurrent planning:
|
20 | | (1) the likelihood of prompt reunification;
|
21 | | (2) the past history of the family;
|
22 | | (3) the barriers to reunification being addressed by |
23 | | the family;
|
24 | | (4) the level of cooperation of the family;
|
25 | | (5) the foster parents' willingness to work with the |
26 | | family to reunite;
|
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1 | | (6) the willingness and ability of the foster family to |
2 | | provide an
adoptive
home or long-term placement;
|
3 | | (7) the age of the child;
|
4 | | (8) placement of siblings.
|
5 | | (m) The Department may assume temporary custody of any |
6 | | child if:
|
7 | | (1) it has received a written consent to such temporary |
8 | | custody
signed by the parents of the child or by the parent |
9 | | having custody of the
child if the parents are not living |
10 | | together or by the guardian or
custodian of the child if |
11 | | the child is not in the custody of either
parent, or
|
12 | | (2) the child is found in the State and neither a |
13 | | parent,
guardian nor custodian of the child can be located.
|
14 | | If the child is found in his or her residence without a parent, |
15 | | guardian,
custodian or responsible caretaker, the Department |
16 | | may, instead of removing
the child and assuming temporary |
17 | | custody, place an authorized
representative of the Department |
18 | | in that residence until such time as a
parent, guardian or |
19 | | custodian enters the home and expresses a willingness
and |
20 | | apparent ability to ensure the child's health and safety and |
21 | | resume
permanent
charge of the child, or until a
relative |
22 | | enters the home and is willing and able to ensure the child's |
23 | | health
and
safety and assume charge of the
child until a |
24 | | parent, guardian or custodian enters the home and expresses
|
25 | | such willingness and ability to ensure the child's safety and |
26 | | resume
permanent charge. After a caretaker has remained in the |
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1 | | home for a period not
to exceed 12 hours, the Department must |
2 | | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or |
3 | | 5-415 of the Juvenile Court Act
of 1987.
|
4 | | The Department shall have the authority, responsibilities |
5 | | and duties that
a legal custodian of the child would have |
6 | | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court |
7 | | Act of 1987. Whenever a child is taken
into temporary custody |
8 | | pursuant to an investigation under the Abused and
Neglected |
9 | | Child Reporting Act, or pursuant to a referral and acceptance
|
10 | | under the Juvenile Court Act of 1987 of a minor in limited |
11 | | custody, the
Department, during the period of temporary custody |
12 | | and before the child
is brought before a judicial officer as |
13 | | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile |
14 | | Court Act of 1987, shall have
the authority, responsibilities |
15 | | and duties that a legal custodian of the child
would have under |
16 | | subsection (9) of Section 1-3 of the Juvenile Court Act of
|
17 | | 1987.
|
18 | | The Department shall ensure that any child taken into |
19 | | custody
is scheduled for an appointment for a medical |
20 | | examination.
|
21 | | A parent, guardian or custodian of a child in the temporary |
22 | | custody of the
Department who would have custody of the child |
23 | | if he were not in the
temporary custody of the Department may |
24 | | deliver to the Department a signed
request that the Department |
25 | | surrender the temporary custody of the child.
The Department |
26 | | may retain temporary custody of the child for 10 days after
the |
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1 | | receipt of the request, during which period the Department may |
2 | | cause to
be filed a petition pursuant to the Juvenile Court Act |
3 | | of 1987. If a
petition is so filed, the Department shall retain |
4 | | temporary custody of the
child until the court orders |
5 | | otherwise. If a petition is not filed within
the 10 day period, |
6 | | the child shall be surrendered to the custody of the
requesting |
7 | | parent, guardian or custodian not later than the expiration of
|
8 | | the 10 day period, at which time the authority and duties of |
9 | | the Department
with respect to the temporary custody of the |
10 | | child shall terminate.
|
11 | | (m-1) The Department may place children under 18 years of |
12 | | age in a secure
child care facility licensed by the Department |
13 | | that cares for children who are
in need of secure living |
14 | | arrangements for their health, safety, and well-being
after a |
15 | | determination is made by the facility director and the Director |
16 | | or the
Director's designate prior to admission to the facility |
17 | | subject to Section
2-27.1 of the Juvenile Court Act of 1987. |
18 | | This subsection (m-1) does not apply
to a child who is subject |
19 | | to placement in a correctional facility operated
pursuant to |
20 | | Section 3-15-2 of the Unified Code of Corrections, unless the
|
21 | | child is a youth in care ward who was placed in under the care |
22 | | of the Department before being
subject to placement in a |
23 | | correctional facility and a court of competent
jurisdiction has |
24 | | ordered placement of the child in a secure care facility.
|
25 | | (n) The Department may place children under 18 years of age |
26 | | in
licensed child care facilities when in the opinion of the |
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1 | | Department,
appropriate services aimed at family preservation |
2 | | have been unsuccessful and
cannot ensure the child's health and |
3 | | safety or are unavailable and such
placement would be for their |
4 | | best interest. Payment
for board, clothing, care, training and |
5 | | supervision of any child placed in
a licensed child care |
6 | | facility may be made by the Department, by the
parents or |
7 | | guardians of the estates of those children, or by both the
|
8 | | Department and the parents or guardians, except that no |
9 | | payments shall be
made by the Department for any child placed |
10 | | in a licensed child care
facility for board, clothing, care, |
11 | | training and supervision of such a
child that exceed the |
12 | | average per capita cost of maintaining and of caring
for a |
13 | | child in institutions for dependent or neglected children |
14 | | operated by
the Department. However, such restriction on |
15 | | payments does not apply in
cases where children require |
16 | | specialized care and treatment for problems of
severe emotional |
17 | | disturbance, physical disability, social adjustment, or
any |
18 | | combination thereof and suitable facilities for the placement |
19 | | of such
children are not available at payment rates within the |
20 | | limitations set
forth in this Section. All reimbursements for |
21 | | services delivered shall be
absolutely inalienable by |
22 | | assignment, sale, attachment, garnishment or
otherwise.
|
23 | | (n-1) The Department shall provide or authorize child |
24 | | welfare services, aimed at assisting minors to achieve |
25 | | sustainable self-sufficiency as independent adults, for any |
26 | | minor eligible for the reinstatement of wardship pursuant to |
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1 | | subsection (2) of Section 2-33 of the Juvenile Court Act of |
2 | | 1987, whether or not such reinstatement is sought or allowed, |
3 | | provided that the minor consents to such services and has not |
4 | | yet attained the age of 21. The Department shall have |
5 | | responsibility for the development and delivery of services |
6 | | under this Section. An eligible youth may access services under |
7 | | this Section through the Department of Children and Family |
8 | | Services or by referral from the Department of Human Services. |
9 | | Youth participating in services under this Section shall |
10 | | cooperate with the assigned case manager in developing an |
11 | | agreement identifying the services to be provided and how the |
12 | | youth will increase skills to achieve self-sufficiency. A |
13 | | homeless shelter is not considered appropriate housing for any |
14 | | youth receiving child welfare services under this Section. The |
15 | | Department shall continue child welfare services under this |
16 | | Section to any eligible minor until the minor becomes 21 years |
17 | | of age, no longer consents to participate, or achieves |
18 | | self-sufficiency as identified in the minor's service plan. The |
19 | | Department of Children and Family Services shall create clear, |
20 | | readable notice of the rights of former foster youth to child |
21 | | welfare services under this Section and how such services may |
22 | | be obtained. The Department of Children and Family Services and |
23 | | the Department of Human Services shall disseminate this |
24 | | information statewide. The Department shall adopt regulations |
25 | | describing services intended to assist minors in achieving |
26 | | sustainable self-sufficiency as independent adults. |
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1 | | (o) The Department shall establish an administrative |
2 | | review and appeal
process for children and families who request |
3 | | or receive child welfare
services from the Department. Youth in |
4 | | care who Children who are wards of the Department and
are |
5 | | placed by private child welfare agencies, and foster families |
6 | | with whom
those youth children are placed, shall be afforded |
7 | | the same procedural and appeal
rights as children and families |
8 | | in the case of placement by the Department,
including the right |
9 | | to an initial review of a private agency decision by
that |
10 | | agency. The Department shall ensure insure that any private |
11 | | child welfare
agency, which accepts youth in care wards of the |
12 | | Department for placement, affords those
rights to children and |
13 | | foster families. The Department shall accept for
|
14 | | administrative review and an appeal hearing a complaint made by |
15 | | (i) a child
or foster family concerning a decision following an |
16 | | initial review by a
private child welfare agency or (ii) a |
17 | | prospective adoptive parent who alleges
a violation of |
18 | | subsection (j-5) of this Section. An appeal of a decision
|
19 | | concerning a change in the placement of a child shall be |
20 | | conducted in an
expedited manner. A court determination that a |
21 | | current foster home placement is necessary and appropriate |
22 | | under Section 2-28 of the Juvenile Court Act of 1987 does not |
23 | | constitute a judicial determination on the merits of an |
24 | | administrative appeal, filed by a former foster parent, |
25 | | involving a change of placement decision.
|
26 | | (p) There is hereby created the Department of Children and |
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1 | | Family
Services Emergency Assistance Fund from which the |
2 | | Department may provide
special financial assistance to |
3 | | families which are in economic crisis when
such assistance is |
4 | | not available through other public or private sources
and the |
5 | | assistance is deemed necessary to prevent dissolution of the |
6 | | family
unit or to reunite families which have been separated |
7 | | due to child abuse and
neglect. The Department shall establish |
8 | | administrative rules specifying
the criteria for determining |
9 | | eligibility for and the amount and nature of
assistance to be |
10 | | provided. The Department may also enter into written
agreements |
11 | | with private and public social service agencies to provide
|
12 | | emergency financial services to families referred by the |
13 | | Department.
Special financial assistance payments shall be |
14 | | available to a family no
more than once during each fiscal year |
15 | | and the total payments to a
family may not exceed $500 during a |
16 | | fiscal year.
|
17 | | (q) The Department may receive and use, in their entirety, |
18 | | for the
benefit of children any gift, donation or bequest of |
19 | | money or other
property which is received on behalf of such |
20 | | children, or any financial
benefits to which such children are |
21 | | or may become entitled while under
the jurisdiction or care of |
22 | | the Department.
|
23 | | The Department shall set up and administer no-cost, |
24 | | interest-bearing accounts in appropriate financial |
25 | | institutions
for children for whom the Department is legally |
26 | | responsible and who have been
determined eligible for Veterans' |
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1 | | Benefits, Social Security benefits,
assistance allotments from |
2 | | the armed forces, court ordered payments, parental
voluntary |
3 | | payments, Supplemental Security Income, Railroad Retirement
|
4 | | payments, Black Lung benefits, or other miscellaneous |
5 | | payments. Interest
earned by each account shall be credited to |
6 | | the account, unless
disbursed in accordance with this |
7 | | subsection.
|
8 | | In disbursing funds from children's accounts, the |
9 | | Department
shall:
|
10 | | (1) Establish standards in accordance with State and |
11 | | federal laws for
disbursing money from children's |
12 | | accounts. In all
circumstances,
the Department's |
13 | | "Guardianship Administrator" or his or her designee must
|
14 | | approve disbursements from children's accounts. The |
15 | | Department
shall be responsible for keeping complete |
16 | | records of all disbursements for each account for any |
17 | | purpose.
|
18 | | (2) Calculate on a monthly basis the amounts paid from |
19 | | State funds for the
child's board and care, medical care |
20 | | not covered under Medicaid, and social
services; and |
21 | | utilize funds from the child's account, as
covered by |
22 | | regulation, to reimburse those costs. Monthly, |
23 | | disbursements from
all children's accounts, up to 1/12 of |
24 | | $13,000,000, shall be
deposited by the Department into the |
25 | | General Revenue Fund and the balance over
1/12 of |
26 | | $13,000,000 into the DCFS Children's Services Fund.
|
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1 | | (3) Maintain any balance remaining after reimbursing |
2 | | for the child's costs
of care, as specified in item (2). |
3 | | The balance shall accumulate in accordance
with relevant |
4 | | State and federal laws and shall be disbursed to the child |
5 | | or his
or her guardian, or to the issuing agency.
|
6 | | (r) The Department shall promulgate regulations |
7 | | encouraging all adoption
agencies to voluntarily forward to the |
8 | | Department or its agent names and
addresses of all persons who |
9 | | have applied for and have been approved for
adoption of a |
10 | | hard-to-place child or child with a disability and the names of |
11 | | such
children who have not been placed for adoption. A list of |
12 | | such names and
addresses shall be maintained by the Department |
13 | | or its agent, and coded
lists which maintain the |
14 | | confidentiality of the person seeking to adopt the
child and of |
15 | | the child shall be made available, without charge, to every
|
16 | | adoption agency in the State to assist the agencies in placing |
17 | | such
children for adoption. The Department may delegate to an |
18 | | agent its duty to
maintain and make available such lists. The |
19 | | Department shall ensure that
such agent maintains the |
20 | | confidentiality of the person seeking to adopt the
child and of |
21 | | the child.
|
22 | | (s) The Department of Children and Family Services may |
23 | | establish and
implement a program to reimburse Department and |
24 | | private child welfare
agency foster parents licensed by the |
25 | | Department of Children and Family
Services for damages |
26 | | sustained by the foster parents as a result of the
malicious or |
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1 | | negligent acts of foster children, as well as providing third
|
2 | | party coverage for such foster parents with regard to actions |
3 | | of foster
children to other individuals. Such coverage will be |
4 | | secondary to the
foster parent liability insurance policy, if |
5 | | applicable. The program shall
be funded through appropriations |
6 | | from the General Revenue Fund,
specifically designated for such |
7 | | purposes.
|
8 | | (t) The Department shall perform home studies and |
9 | | investigations and
shall exercise supervision over visitation |
10 | | as ordered by a court pursuant
to the Illinois Marriage and |
11 | | Dissolution of Marriage Act or the Adoption
Act only if:
|
12 | | (1) an order entered by an Illinois court specifically
|
13 | | directs the Department to perform such services; and
|
14 | | (2) the court has ordered one or both of the parties to
|
15 | | the proceeding to reimburse the Department for its |
16 | | reasonable costs for
providing such services in accordance |
17 | | with Department rules, or has
determined that neither party |
18 | | is financially able to pay.
|
19 | | The Department shall provide written notification to the |
20 | | court of the
specific arrangements for supervised visitation |
21 | | and projected monthly costs
within 60 days of the court order. |
22 | | The Department shall send to the court
information related to |
23 | | the costs incurred except in cases where the court
has |
24 | | determined the parties are financially unable to pay. The court |
25 | | may
order additional periodic reports as appropriate.
|
26 | | (u) In addition to other information that must be provided, |
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1 | | whenever the Department places a child with a prospective |
2 | | adoptive parent or parents or in a licensed foster home,
group |
3 | | home, child care institution, or in a relative home, the |
4 | | Department
shall provide to the prospective adoptive parent or |
5 | | parents or other caretaker:
|
6 | | (1) available detailed information concerning the |
7 | | child's educational
and health history, copies of |
8 | | immunization records (including insurance
and medical card |
9 | | information), a history of the child's previous |
10 | | placements,
if any, and reasons for placement changes |
11 | | excluding any information that
identifies or reveals the |
12 | | location of any previous caretaker;
|
13 | | (2) a copy of the child's portion of the client service |
14 | | plan, including
any visitation arrangement, and all |
15 | | amendments or revisions to it as
related to the child; and
|
16 | | (3) information containing details of the child's |
17 | | individualized
educational plan when the child is |
18 | | receiving special education services.
|
19 | | The caretaker shall be informed of any known social or |
20 | | behavioral
information (including, but not limited to, |
21 | | criminal background, fire
setting, perpetuation of
sexual |
22 | | abuse, destructive behavior, and substance abuse) necessary to |
23 | | care
for and safeguard the children to be placed or currently |
24 | | in the home. The Department may prepare a written summary of |
25 | | the information required by this paragraph, which may be |
26 | | provided to the foster or prospective adoptive parent in |
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1 | | advance of a placement. The foster or prospective adoptive |
2 | | parent may review the supporting documents in the child's file |
3 | | in the presence of casework staff. In the case of an emergency |
4 | | placement, casework staff shall at least provide known |
5 | | information verbally, if necessary, and must subsequently |
6 | | provide the information in writing as required by this |
7 | | subsection.
|
8 | | The information described in this subsection shall be |
9 | | provided in writing. In the case of emergency placements when |
10 | | time does not allow prior review, preparation, and collection |
11 | | of written information, the Department shall provide such |
12 | | information as it becomes available. Within 10 business days |
13 | | after placement, the Department shall obtain from the |
14 | | prospective adoptive parent or parents or other caretaker a |
15 | | signed verification of receipt of the information provided. |
16 | | Within 10 business days after placement, the Department shall |
17 | | provide to the child's guardian ad litem a copy of the |
18 | | information provided to the prospective adoptive parent or |
19 | | parents or other caretaker. The information provided to the |
20 | | prospective adoptive parent or parents or other caretaker shall |
21 | | be reviewed and approved regarding accuracy at the supervisory |
22 | | level.
|
23 | | (u-5) Effective July 1, 1995, only foster care placements |
24 | | licensed as
foster family homes pursuant to the Child Care Act |
25 | | of 1969 shall be eligible to
receive foster care payments from |
26 | | the Department.
Relative caregivers who, as of July 1, 1995, |
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1 | | were approved pursuant to approved
relative placement rules |
2 | | previously promulgated by the Department at 89 Ill.
Adm. Code |
3 | | 335 and had submitted an application for licensure as a foster |
4 | | family
home may continue to receive foster care payments only |
5 | | until the Department
determines that they may be licensed as a |
6 | | foster family home or that their
application for licensure is |
7 | | denied or until September 30, 1995, whichever
occurs first.
|
8 | | (v) The Department shall access criminal history record |
9 | | information
as defined in the Illinois Uniform Conviction |
10 | | Information Act and information
maintained in the adjudicatory |
11 | | and dispositional record system as defined in
Section 2605-355 |
12 | | of the
Department of State Police Law (20 ILCS 2605/2605-355)
|
13 | | if the Department determines the information is necessary to |
14 | | perform its duties
under the Abused and Neglected Child |
15 | | Reporting Act, the Child Care Act of 1969,
and the Children and |
16 | | Family Services Act. The Department shall provide for
|
17 | | interactive computerized communication and processing |
18 | | equipment that permits
direct on-line communication with the |
19 | | Department of State Police's central
criminal history data |
20 | | repository. The Department shall comply with all
certification |
21 | | requirements and provide certified operators who have been
|
22 | | trained by personnel from the Department of State Police. In |
23 | | addition, one
Office of the Inspector General investigator |
24 | | shall have training in the use of
the criminal history |
25 | | information access system and have
access to the terminal. The |
26 | | Department of Children and Family Services and its
employees |
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1 | | shall abide by rules and regulations established by the |
2 | | Department of
State Police relating to the access and |
3 | | dissemination of
this information.
|
4 | | (v-1) Prior to final approval for placement of a child, the |
5 | | Department shall conduct a criminal records background check of |
6 | | the prospective foster or adoptive parent, including |
7 | | fingerprint-based checks of national crime information |
8 | | databases. Final approval for placement shall not be granted if |
9 | | the record check reveals a felony conviction for child abuse or |
10 | | neglect, for spousal abuse, for a crime against children, or |
11 | | for a crime involving violence, including rape, sexual assault, |
12 | | or homicide, but not including other physical assault or |
13 | | battery, or if there is a felony conviction for physical |
14 | | assault, battery, or a drug-related offense committed within |
15 | | the past 5 years. |
16 | | (v-2) Prior to final approval for placement of a child, the |
17 | | Department shall check its child abuse and neglect registry for |
18 | | information concerning prospective foster and adoptive |
19 | | parents, and any adult living in the home. If any prospective |
20 | | foster or adoptive parent or other adult living in the home has |
21 | | resided in another state in the preceding 5 years, the |
22 | | Department shall request a check of that other state's child |
23 | | abuse and neglect registry.
|
24 | | (w) Within 120 days of August 20, 1995 (the effective date |
25 | | of Public Act
89-392), the Department shall prepare and submit |
26 | | to the Governor and the
General Assembly, a written plan for |
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1 | | the development of in-state licensed
secure child care |
2 | | facilities that care for children who are in need of secure
|
3 | | living
arrangements for their health, safety, and well-being. |
4 | | For purposes of this
subsection, secure care facility shall |
5 | | mean a facility that is designed and
operated to ensure that |
6 | | all entrances and exits from the facility, a building
or a |
7 | | distinct part of the building, are under the exclusive control |
8 | | of the
staff of the facility, whether or not the child has the |
9 | | freedom of movement
within the perimeter of the facility, |
10 | | building, or distinct part of the
building. The plan shall |
11 | | include descriptions of the types of facilities that
are needed |
12 | | in Illinois; the cost of developing these secure care |
13 | | facilities;
the estimated number of placements; the potential |
14 | | cost savings resulting from
the movement of children currently |
15 | | out-of-state who are projected to be
returned to Illinois; the |
16 | | necessary geographic distribution of these
facilities in |
17 | | Illinois; and a proposed timetable for development of such
|
18 | | facilities. |
19 | | (x) The Department shall conduct annual credit history |
20 | | checks to determine the financial history of children placed |
21 | | under its guardianship pursuant to the Juvenile Court Act of |
22 | | 1987. The Department shall conduct such credit checks starting |
23 | | when a youth in care ward turns 12 years old and each year |
24 | | thereafter for the duration of the guardianship as terminated |
25 | | pursuant to the Juvenile Court Act of 1987. The Department |
26 | | shall determine if financial exploitation of the child's |
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1 | | personal information has occurred. If financial exploitation |
2 | | appears to have taken place or is presently ongoing, the |
3 | | Department shall notify the proper law enforcement agency, the |
4 | | proper State's Attorney, or the Attorney General. |
5 | | (y) Beginning on the effective date of this amendatory Act |
6 | | of the 96th General Assembly, a child with a disability who |
7 | | receives residential and educational services from the |
8 | | Department shall be eligible to receive transition services in |
9 | | accordance with Article 14 of the School Code from the age of |
10 | | 14.5 through age 21, inclusive, notwithstanding the child's |
11 | | residential services arrangement. For purposes of this |
12 | | subsection, "child with a disability" means a child with a |
13 | | disability as defined by the federal Individuals with |
14 | | Disabilities Education Improvement Act of 2004. |
15 | | (z) The Department shall access criminal history record |
16 | | information as defined as "background information" in this |
17 | | subsection and criminal history record information as defined |
18 | | in the Illinois Uniform Conviction Information Act for each |
19 | | Department employee or Department applicant. Each Department |
20 | | employee or Department applicant shall submit his or her |
21 | | fingerprints to the Department of State Police in the form and |
22 | | manner prescribed by the Department of State Police. These |
23 | | fingerprints shall be checked against the fingerprint records |
24 | | now and hereafter filed in the Department of State Police and |
25 | | the Federal Bureau of Investigation criminal history records |
26 | | databases. The Department of State Police shall charge a fee |
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1 | | for conducting the criminal history record check, which shall |
2 | | be deposited into the State Police Services Fund and shall not |
3 | | exceed the actual cost of the record check. The Department of |
4 | | State Police shall furnish, pursuant to positive |
5 | | identification, all Illinois conviction information to the |
6 | | Department of Children and Family Services. |
7 | | For purposes of this subsection: |
8 | | "Background information" means all of the following: |
9 | | (i) Upon the request of the Department of Children and |
10 | | Family Services, conviction information obtained from the |
11 | | Department of State Police as a result of a |
12 | | fingerprint-based criminal history records check of the |
13 | | Illinois criminal history records database and the Federal |
14 | | Bureau of Investigation criminal history records database |
15 | | concerning a Department employee or Department applicant. |
16 | | (ii) Information obtained by the Department of |
17 | | Children and Family Services after performing a check of |
18 | | the Department of State Police's Sex Offender Database, as |
19 | | authorized by Section 120 of the Sex Offender Community |
20 | | Notification Law, concerning a Department employee or |
21 | | Department applicant. |
22 | | (iii) Information obtained by the Department of |
23 | | Children and Family Services after performing a check of |
24 | | the Child Abuse and Neglect Tracking System (CANTS) |
25 | | operated and maintained by the Department. |
26 | | "Department employee" means a full-time or temporary |
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1 | | employee coded or certified within the State of Illinois |
2 | | Personnel System. |
3 | | "Department applicant" means an individual who has |
4 | | conditional Department full-time or part-time work, a |
5 | | contractor, an individual used to replace or supplement staff, |
6 | | an academic intern, a volunteer in Department offices or on |
7 | | Department contracts, a work-study student, an individual or |
8 | | entity licensed by the Department, or an unlicensed service |
9 | | provider who works as a condition of a contract or an agreement |
10 | | and whose work may bring the unlicensed service provider into |
11 | | contact with Department clients or client records. |
12 | | (Source: P.A. 98-249, eff. 1-1-14; 98-570, eff. 8-27-13; |
13 | | 98-756, eff. 7-16-14; 98-803, eff. 1-1-15; 99-143, eff. |
14 | | 7-27-15.)
|
15 | | (20 ILCS 505/5a) (from Ch. 23, par. 5005a)
|
16 | | Sec. 5a.
Reimbursable services for which the Department of |
17 | | Children and
Family Services shall pay 100% of the reasonable |
18 | | cost pursuant to a written
contract negotiated between the |
19 | | Department and the agency furnishing the
services (which shall |
20 | | include but not be limited to the determination of
reasonable |
21 | | cost, the services being purchased and the duration of the
|
22 | | agreement) include, but are not limited to:
|
23 | | SERVICE ACTIVITIES
|
24 | | Adjunctive Therapy;
|
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1 | | Supervision and Consultation;
|
2 | | Inspection and Monitoring for purposes of issuing
|
3 | | licenses;
|
4 | | Determination of Children who are eligible
|
5 | | for federal or other reimbursement;
|
6 | | Postage and Shipping;
|
7 | | Outside Printing, Artwork, etc.;
|
8 | | Subscriptions and Reference Publications;
|
9 | | Management and General Expense.
|
10 | | Reimbursement of administrative costs other than inspection |
11 | | and monitoring
for purposes of issuing licenses may not exceed |
12 | | 20% of the costs
for other services.
|
13 | | The Department may offer services to any child or family |
14 | | with respect to whom a report of suspected child abuse or |
15 | | neglect has been called in to the hotline after completion of a |
16 | | family assessment as provided under subsection (a-5) of Section |
17 | | 7.4 of the Abused and Neglected Child Reporting Act and the |
18 | | Department has determined that services are needed to address |
19 | | the safety of the child and other family members and the risk |
20 | | of subsequent maltreatment. Acceptance of such services shall |
21 | | be voluntary. |
22 | | All Object Expenses, Service Activities and Administrative
|
23 | | Costs are allowable.
|
24 | | If a survey instrument is used in the rate setting process:
|
25 | | (a) with respect to any day care centers, it shall be |
26 | | limited to those
agencies which receive reimbursement from |
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1 | | the State;
|
2 | | (b) the cost survey instrument shall be promulgated by |
3 | | rule;
|
4 | | (c) any requirements of the respondents shall be |
5 | | promulgated by rule;
|
6 | | (d) all screens, limits or other tests of |
7 | | reasonableness, allowability
and reimbursability shall be |
8 | | promulgated by rule;
|
9 | | (e) adjustments may be made by the Department to rates |
10 | | when it determines
that reported wage and salary levels are |
11 | | insufficient to attract capable
caregivers in sufficient |
12 | | numbers.
|
13 | | The Department of Children and Family Services may pay 100% |
14 | | of the
reasonable costs of research and valuation
focused |
15 | | exclusively on services to youth in care wards of the |
16 | | Department . Such research projects must be approved, in |
17 | | advance, by
the Director of the Department.
|
18 | | In addition to reimbursements otherwise provided for in |
19 | | this Section,
the Department of Human Services shall, in |
20 | | accordance with annual written
agreements, make
advance |
21 | | quarterly disbursements to local public agencies for child day |
22 | | care
services with funds appropriated from the Local Effort Day |
23 | | Care Fund.
|
24 | | Neither the Department of Children and Family Services nor |
25 | | the
Department of Human Services shall pay or approve |
26 | | reimbursement for
day care in a facility which is operating |
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1 | | without a valid license or permit,
except in the case of day |
2 | | care homes or day care centers which are exempt from
the |
3 | | licensing requirements of the "Child Care Act of 1969".
|
4 | | (Source: P.A. 96-760, eff. 1-1-10.)
|
5 | | (20 ILCS 505/6b) (from Ch. 23, par. 5006b)
|
6 | | Sec. 6b. Case tracking system.
|
7 | | (1) The Department shall establish and
operate a case |
8 | | tracking system which shall be designed to monitor and evaluate
|
9 | | family preservation, family reunification and placement |
10 | | services.
|
11 | | (2) The Department shall establish and operate the case |
12 | | tracking system
for the Department clients for whom the |
13 | | Department is providing or paying
for such services. The |
14 | | Department shall work with the courts in the
development
of a |
15 | | cooperative case tracking system.
|
16 | | (3) The Department shall determine the basic elements and |
17 | | access and provide
for records of the case tracking system to |
18 | | not be open to the general public.
|
19 | | (4) The Department shall use the case tracking system to
|
20 | | determine whether any child reported to the Department under
|
21 | | Section 3.5 of the Intergovernmental Missing Child Recovery Act |
22 | | of 1984 matches
a youth in care Department ward and whether |
23 | | that child had been abandoned within the previous
2 months.
|
24 | | (Source: P.A. 89-213, eff. 1-1-96.)
|
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1 | | (20 ILCS 505/7.5)
|
2 | | Sec. 7.5. Notice of post-adoption reunion services. |
3 | | (a) For purposes of this Section, "post-adoption reunion |
4 | | services" means services provided by the Department to |
5 | | facilitate contact between adoptees and their siblings when one |
6 | | or more is still in the Department's care or adopted elsewhere, |
7 | | with the notarized consent of the adoptive parents of a minor |
8 | | child, when such contact has been established to be necessary |
9 | | to the adoptee's best interests and when all involved parties, |
10 | | including the adoptive parent of a child under 21 years of age, |
11 | | have provided written consent for such contact. |
12 | | (b) The Department shall provide to all adoptive parents of |
13 | | children receiving monthly adoption assistance under |
14 | | subsection (j) of Section 5 of this Act a notice that includes |
15 | | a description of the Department's post-adoption reunion |
16 | | services and an explanation of how to access those services. |
17 | | The notice to adoptive parents shall be provided at least once |
18 | | per year until such time as the adoption assistance payments |
19 | | cease. |
20 | | The Department shall also provide to all youth in care |
21 | | wards of the Department , within 30 days after their 18th |
22 | | birthday, the notice described in this Section.
|
23 | | (c) The Department shall adopt a rule regarding the |
24 | | provision of search and reunion services to youth in care wards |
25 | | and former youth in care wards .
|
26 | | (Source: P.A. 94-1010, eff. 10-1-06.)
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1 | | (20 ILCS 505/34.11)
|
2 | | Sec. 34.11. Lou Jones Grandparent Child Care Program.
|
3 | | (a) The General Assembly finds and declares the following:
|
4 | | (1) An increasing number of children under the age of |
5 | | 18, including many
children who would otherwise be at risk |
6 | | of abuse or neglect, are in the care of
a grandparent or |
7 | | other nonparent relative.
|
8 | | (2) The principal causes of this increase include |
9 | | parental substance
abuse, chronic illness, child abuse, |
10 | | mental illness, military deployment, poverty, |
11 | | homelessness, deportation, and death, as well as concerted
|
12 | | efforts by families and by the child welfare service system |
13 | | to keep children
with relatives whenever possible.
|
14 | | (3) Grandparents and older relatives providing primary |
15 | | care for at-risk
children may experience unique resultant |
16 | | problems, such as financial stress due
to limited incomes, |
17 | | emotional difficulties dealing with the loss of the child's
|
18 | | parents or the child's unique behaviors, and decreased |
19 | | physical stamina coupled
with a much higher incidence of |
20 | | chronic illness.
|
21 | | (4) Many children being raised by nonparent relatives |
22 | | experience one or a
combination of emotional, behavioral, |
23 | | psychological, academic, or medical
problems, especially |
24 | | those born to a substance-abusing mother or at risk of
|
25 | | child abuse, neglect, or abandonment.
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1 | | (5) Grandparents and other relatives providing primary |
2 | | care for children
lack appropriate information about the |
3 | | issues of kinship care, the special
needs (both physical |
4 | | and psychological) of children born to a substance-abusing
|
5 | | mother or at risk of child abuse, neglect, or abandonment, |
6 | | and the support
resources currently available to them.
|
7 | | (6) An increasing number of grandparents and other |
8 | | relatives age 60 or older are adopting or becoming the |
9 | | subsidized guardians of children placed in their care by |
10 | | the Department. Some of these children will experience the |
11 | | death of their adoptive parent or guardian before reaching |
12 | | the age of 18. For most of these children, no legal plan |
13 | | has been made for the child's future care and custody in |
14 | | the event of the caregiver's death or incapacity. |
15 | | (7) Grandparents and other relatives providing primary |
16 | | care for children lack appropriate information about |
17 | | future care and custody planning for children in their |
18 | | care. They also lack access to resources that may assist |
19 | | them in developing future legal care and custody plans for |
20 | | children in their legal custody.
|
21 | | (b) The Department may establish an informational and |
22 | | educational program
for grandparents and other relatives who |
23 | | provide primary care for children who
are at risk of child |
24 | | abuse, neglect, or abandonment or who were born to
|
25 | | substance-abusing mothers. As a part of the program, the |
26 | | Department may
develop, publish, and distribute an |
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1 | | informational brochure for grandparents and
other relatives |
2 | | who provide primary care for children who are at risk of child
|
3 | | abuse, neglect, or abandonment or who were born to |
4 | | substance-abusing mothers.
The information provided under the |
5 | | program authorized by this Section may
include, but is not |
6 | | limited to the following:
|
7 | | (1) The most prevalent causes of kinship care, |
8 | | especially the risk of
(i) substance exposure, (ii) child |
9 | | abuse, neglect, or abandonment, (iii) chronic illness, |
10 | | (iv) mental illness, (v) military deployment, or (vi) |
11 | | death.
|
12 | | (2) The problems experienced by children being raised |
13 | | by nonparent
caregivers.
|
14 | | (3) The problems experienced by grandparents and other |
15 | | nonparent relatives
providing primary care for children |
16 | | who have special needs.
|
17 | | (4) The legal system as it relates to children and |
18 | | their nonparent primary
caregivers.
|
19 | | (5) The benefits available to children and their |
20 | | nonparent primary
caregivers.
|
21 | | (6) A list of support groups and resources located |
22 | | throughout the State.
|
23 | | The brochure may be distributed through hospitals, public |
24 | | health nurses,
child protective services, medical professional |
25 | | offices, elementary and
secondary schools, senior citizen |
26 | | centers, public libraries, community action
agencies selected |
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1 | | by the Department, and the Department of Human Services.
|
2 | | The Kinship Navigator established under the Kinship |
3 | | Navigator Act shall coordinate the grandparent child care |
4 | | program under this Section with the programs and services |
5 | | established and administered by the Department of Human |
6 | | Services under the Kinship Navigator Act. |
7 | | (c) In addition to other provisions of this Section, the |
8 | | Department shall establish a program of information, social |
9 | | work services, and legal services for any person age 60 or over |
10 | | and any other person who may be in need of a future legal care |
11 | | and custody plan who adopt, have adopted, take guardianship of, |
12 | | or have taken guardianship of children previously in the |
13 | | Department's custody. This program shall also assist families |
14 | | of deceased adoptive parents and guardians. As part of the |
15 | | program, the Department shall:
|
16 | | (1) Develop a protocol for identification of persons |
17 | | age 60 or over and others who may be in need of future care |
18 | | and custody plans, including ill caregivers, who are |
19 | | adoptive parents, prospective adoptive parents, guardians, |
20 | | or prospective guardians of children who are or have been |
21 | | in Department custody.
|
22 | | (2) Provide outreach to caregivers before and after |
23 | | adoption and guardianship, and to the families of deceased |
24 | | caregivers, regarding Illinois legal options for future |
25 | | care and custody of children.
|
26 | | (3) Provide training for Department and private agency |
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1 | | staff on methods of assisting caregivers before and after |
2 | | adoption and guardianship, and the families of older and |
3 | | ill caregivers, who wish to make future care and custody |
4 | | plans for children who have been youth in care wards of the |
5 | | Department and who are or will be adopted by or are or will |
6 | | be placed in the guardianship of those caregivers become |
7 | | wards of those caregivers .
|
8 | | (4) Ensure that all caregivers age 60 or over who will |
9 | | adopt or will become guardians of former youth in care |
10 | | children previously in Department custody have |
11 | | specifically designated future caregivers for children in |
12 | | their care. The Department shall document this |
13 | | designation, and the Department shall also document |
14 | | acceptance of this responsibility by any future caregiver. |
15 | | Documentation of future care designation shall be included |
16 | | in each child's case file and adoption or guardianship |
17 | | subsidy files as applicable to the child.
|
18 | | (5) Ensure that any designated future caregiver and the |
19 | | family of a deceased caregiver have information on the |
20 | | financial needs of the child and future resources that may |
21 | | be available to support the child, including any adoption |
22 | | assistance and subsidized guardianship for which the child |
23 | | is or may be eligible.
|
24 | | (6) With respect to programs of social work and legal |
25 | | services:
|
26 | | (i) Provide contracted social work services to |
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1 | | older and ill caregivers, and the families of deceased |
2 | | caregivers, including those who will or have adopted or |
3 | | will take or have taken guardianship of children |
4 | | previously in Department custody. Social work services |
5 | | to caregivers will have the goal of securing a future |
6 | | care and custody plan for children in their care. Such |
7 | | services will include providing information to the |
8 | | caregivers and families on standby guardianship, |
9 | | guardianship, standby adoption, and adoption. The |
10 | | Department will assist the caregiver in developing a |
11 | | plan for the child if the caregiver becomes |
12 | | incapacitated or terminally ill, or dies while the |
13 | | child is a minor. The Department shall develop a form |
14 | | to document the information given to caregivers and to |
15 | | document plans for future custody, in addition to the |
16 | | documentation described in subsection (b) (4). This |
17 | | form shall be included in each child's case file and |
18 | | adoption or guardianship subsidy files as applicable |
19 | | to the child.
|
20 | | (ii) Through a program of contracted legal |
21 | | services, assist older and ill caregivers, and the |
22 | | families of deceased caregivers, with the goal of |
23 | | securing court-ordered future care and custody plans |
24 | | for children in their care. Court-ordered future care |
25 | | and custody plans may include: standby guardianship, |
26 | | successor guardianship, standby adoption, and |
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1 | | successor adoption. The program will also study ways in |
2 | | which to provide timely and cost-effective legal |
3 | | services to older and ill caregivers, and to families |
4 | | of deceased caregivers in order to ensure permanency |
5 | | for children in their care.
|
6 | | (7) Ensure that future caregivers designated by |
7 | | adoptive parents or guardians, and the families of deceased |
8 | | caregivers, understand their rights and potential |
9 | | responsibilities and shall be able to provide adequate |
10 | | support and education for children who may become their |
11 | | legal responsibility.
|
12 | | (8) Ensure that future caregivers designated by |
13 | | adoptive parents and guardians, and the families of |
14 | | deceased caregivers, understand the problems of children |
15 | | who have experienced multiple caregivers and who may have |
16 | | experienced abuse, neglect, or abandonment or may have been |
17 | | born to substance-abusing mothers.
|
18 | | (9) Ensure that future caregivers designated by |
19 | | adoptive parents and guardians, and the families of |
20 | | deceased caregivers, understand the problems experienced |
21 | | by older and ill caregivers of children, including children |
22 | | with special needs, such as financial stress due to limited |
23 | | income and increased financial responsibility, emotional |
24 | | difficulties associated with the loss of a child's parent |
25 | | or the child's unique behaviors, the special needs of a |
26 | | child who may come into their custody or whose parent or |
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1 | | guardian is already deceased, and decreased physical |
2 | | stamina and a higher rate of chronic illness and other |
3 | | health concerns.
|
4 | | (10) Provide additional services as needed to families |
5 | | in which a designated caregiver appointed by the court or a |
6 | | caregiver designated in a will or other legal document |
7 | | cannot or will not fulfill the responsibilities as adoptive |
8 | | parent, guardian, or legal custodian of the child.
|
9 | | (d) The Department shall consult with the Department on |
10 | | Aging and any other agency it deems appropriate as the |
11 | | Department develops the program required by subsection (c).
|
12 | | (e) Rulemaking authority to implement Public Act 95-1040, |
13 | | if any, is conditioned on the rules being adopted in accordance |
14 | | with all provisions of the Illinois Administrative Procedure |
15 | | Act and all rules and procedures of the Joint Committee on |
16 | | Administrative Rules; any purported rule not so adopted, for |
17 | | whatever reason, is unauthorized.
|
18 | | (Source: P.A. 95-1040, eff. 3-25-09; 96-276, eff. 8-11-09; |
19 | | 96-1000, eff. 7-2-10.)
|
20 | | (20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
|
21 | | Sec. 35.1. The case and clinical records of patients in |
22 | | Department
supervised facilities, youth in care wards of the |
23 | | Department , children receiving or
applying for child welfare |
24 | | services, persons receiving or applying for
other services of |
25 | | the Department, and Department reports of injury or abuse to
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1 | | children shall not be open to the general public. Such case and |
2 | | clinical
records and reports or the information contained |
3 | | therein shall be disclosed by
the Director of the Department
to |
4 | | juvenile authorities
when necessary for the discharge of their |
5 | | official duties
who request information concerning the minor
|
6 | | and who
certify in writing that the information will not be |
7 | | disclosed to any other
party except as provided under law or |
8 | | order of court. For purposes of this
Section, "juvenile |
9 | | authorities" means: (i) a judge of
the circuit court and |
10 | | members of the staff of the court designated by the
judge; (ii) |
11 | | parties to the proceedings under the Juvenile Court Act of 1987 |
12 | | and
their attorneys; (iii) probation
officers and court |
13 | | appointed advocates for the juvenile authorized by the judge
|
14 | | hearing the case; (iv) any individual, public or private agency |
15 | | having custody
of the child pursuant to court order or pursuant |
16 | | to placement of the child by the Department; (v) any |
17 | | individual, public or private
agency providing education, |
18 | | medical or mental health service to the child when
the |
19 | | requested information is needed to determine the appropriate |
20 | | service or
treatment for the minor; (vi) any potential |
21 | | placement provider when such
release
is authorized by the court |
22 | | for the limited purpose of determining the
appropriateness of |
23 | | the potential placement; (vii) law enforcement officers and
|
24 | | prosecutors;
(viii) adult and juvenile prisoner review boards; |
25 | | (ix) authorized military
personnel; (x)
individuals authorized |
26 | | by court; (xi) the Illinois General Assembly or
any committee
|
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1 | | or commission thereof. This Section does not apply
to
the |
2 | | Department's fiscal records, other records of a purely |
3 | | administrative
nature, or any forms, documents or other records |
4 | | required of facilities subject
to licensure by the Department |
5 | | except as may otherwise be provided under the
Child Care Act of |
6 | | 1969. Notwithstanding any other provision of this Section, upon |
7 | | request, a guardian ad litem or attorney appointed to represent |
8 | | a child who is the subject of an action pursuant to Article II |
9 | | of the Juvenile Court Act of 1987 may obtain a copy of foster |
10 | | home licensing records, including all information related to |
11 | | licensing complaints and investigations, regarding a home in |
12 | | which the child is placed or regarding a home in which the |
13 | | Department plans to place the child. Any information contained |
14 | | in foster home licensing records that is protected from |
15 | | disclosure by federal or State law may be obtained only in |
16 | | compliance with that law. Nothing in this Section restricts the |
17 | | authority of a court to order release of licensing records for |
18 | | purposes of discovery or as otherwise authorized by law.
|
19 | | Nothing contained in this Act prevents the sharing or |
20 | | disclosure of
information or records relating or pertaining to |
21 | | juveniles subject to the
provisions of the Serious Habitual |
22 | | Offender Comprehensive Action Program when
that information is |
23 | | used to assist in the early identification and treatment of
|
24 | | habitual juvenile offenders.
|
25 | | Nothing contained in this Act prevents the sharing or |
26 | | disclosure of
information or records relating or pertaining to |
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1 | | the death of a minor under the
care of or receiving services |
2 | | from the Department and under the jurisdiction of
the juvenile |
3 | | court with the juvenile court, the State's Attorney, and the
|
4 | | minor's attorney.
|
5 | | Nothing contained in this Section prohibits or prevents any |
6 | | individual
dealing with or providing services to a minor from |
7 | | sharing information with
another individual dealing with or |
8 | | providing services to a minor for the
purpose of coordinating |
9 | | efforts on behalf of the minor. The sharing of such
information |
10 | | is only for the purpose stated herein and is to be consistent |
11 | | with
the intent and purpose of the confidentiality provisions |
12 | | of the Juvenile Court
Act of 1987. This provision does not |
13 | | abrogate any recognized privilege.
Sharing information does |
14 | | not include copying of records, reports or case files
unless |
15 | | authorized herein.
|
16 | | Nothing in this Section prohibits or prevents the |
17 | | re-disclosure of records,
reports,
or other information that |
18 | | reveals malfeasance or nonfeasance on the part of the
|
19 | | Department, its employees, or its agents. Nothing in this |
20 | | Section prohibits
or prevents
the Department or a party in a |
21 | | proceeding under the Juvenile Court Act of 1987
from copying |
22 | | records, reports, or case files for the purpose of sharing |
23 | | those
documents with other parties to the litigation.
|
24 | | (Source: P.A. 99-779, eff. 1-1-17 .)
|
25 | | (20 ILCS 505/39.3) |
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1 | | Sec. 39.3. Suggestion boxes. The Department must place in |
2 | | each residential treatment center that accepts youth in care |
3 | | wards of the Department a locked suggestion box into which |
4 | | residents may place comments and concerns to be addressed by |
5 | | the Department. Only employees of the Department shall have |
6 | | access to the contents of the locked suggestion boxes. An |
7 | | employee of the Department must check the locked suggestion |
8 | | boxes at least once per week.
|
9 | | (Source: P.A. 99-342, eff. 8-11-15.) |
10 | | Section 25. The Child Death Review Team Act is amended by |
11 | | changing Section 20 as follows:
|
12 | | (20 ILCS 515/20)
|
13 | | Sec. 20. Reviews of child deaths.
|
14 | | (a) Every child death shall be reviewed by the team in the |
15 | | subregion which
has
primary case management responsibility. |
16 | | The deceased child must be one of the
following:
|
17 | | (1) A youth in care ward of the Department .
|
18 | | (2) The subject of an open service case maintained by |
19 | | the Department.
|
20 | | (3) The subject of a pending child abuse or neglect |
21 | | investigation.
|
22 | | (4) A child who was the subject of an abuse or neglect |
23 | | investigation at
any time
during the 12 months preceding |
24 | | the child's death.
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1 | | (5) Any other child whose death is reported to the |
2 | | State central
register as a result of alleged child abuse |
3 | | or neglect which report is
subsequently indicated.
|
4 | | A child death review team may, at its discretion, review |
5 | | other sudden,
unexpected, or unexplained child deaths, and |
6 | | cases of serious or fatal injuries to a child identified under |
7 | | the Children's
Advocacy Center Act.
|
8 | | (b) A child death review team's purpose in conducting |
9 | | reviews of child
deaths
is to do the following:
|
10 | | (1) Assist in determining the cause and manner of the |
11 | | child's death, when
requested.
|
12 | | (2) Evaluate means by which the death might have been |
13 | | prevented.
|
14 | | (3) Report its findings to appropriate agencies and |
15 | | make recommendations
that may help to reduce the number of |
16 | | child deaths caused by abuse or neglect.
|
17 | | (4) Promote continuing education for professionals |
18 | | involved in
investigating, treating, and preventing child |
19 | | abuse and neglect as a means of
preventing child deaths due |
20 | | to abuse or neglect.
|
21 | | (5) Make specific recommendations to the Director and |
22 | | the Inspector
General of the Department concerning the |
23 | | prevention of child deaths due to
abuse or neglect and the |
24 | | establishment of protocols for investigating child
deaths.
|
25 | | (c) A child death review team shall review a child death as |
26 | | soon as
practical and not later than
90 days following
the
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1 | | completion by the Department of the investigation of the death |
2 | | under the
Abused and Neglected Child Reporting Act. When there |
3 | | has been no investigation
by the Department, the child death |
4 | | review team shall review a child's death
within 90 days after |
5 | | obtaining the information necessary to complete the review
from |
6 | | the coroner, pathologist, medical examiner, or law enforcement |
7 | | agency,
depending on the nature of the case. A child death
|
8 | | review
team shall meet at
least once in
each calendar quarter.
|
9 | | (d) The Director shall, within 90 days, review and reply to |
10 | | recommendations
made by a team under
item (5) of
subsection |
11 | | (b). With respect to each recommendation made by a team, the |
12 | | Director shall submit his or her reply both to the chairperson |
13 | | of that team and to the chairperson of the Executive Council. |
14 | | The Director's reply to each recommendation must include a |
15 | | statement as to whether the Director intends to implement the |
16 | | recommendation. |
17 | | The Director shall implement recommendations as feasible |
18 | | and
appropriate and shall respond in writing to explain the |
19 | | implementation or
nonimplementation of the recommendations. |
20 | | (e) Within 90 days after the Director submits a reply with |
21 | | respect to a recommendation as required by subsection (d), the |
22 | | Director must submit an additional report that sets forth in |
23 | | detail the way, if any, in which the Director will implement |
24 | | the recommendation and the schedule for implementing the |
25 | | recommendation. The Director shall submit this report to the |
26 | | chairperson of the team that made the recommendation and to the |
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1 | | chairperson of the Executive Council. |
2 | | (f) Within 180 days after the Director submits a report |
3 | | under subsection (e) concerning the implementation of a |
4 | | recommendation, the Director shall submit a further report to |
5 | | the chairperson of the team that made the recommendation and to |
6 | | the chairperson of the Executive Council. This report shall set |
7 | | forth the specific changes in the Department's policies and |
8 | | procedures that have been made in response to the |
9 | | recommendation.
|
10 | | (Source: P.A. 95-405, eff. 6-1-08; 95-527, eff. 6-1-08; 95-876, |
11 | | eff. 8-21-08; 96-328, eff. 8-11-09.)
|
12 | | Section 30. The Administration of Psychotropic Medications |
13 | | to Children Act is amended by changing Section 10 as follows: |
14 | | (20 ILCS 535/10)
|
15 | | Sec. 10. Failure to comply with Department rules. The |
16 | | Department must establish and maintain rules designed to ensure |
17 | | compliance with any rules promulgated pursuant to Section 5 of |
18 | | this Act. Such rules shall include, but are not limited to, the |
19 | | following: |
20 | | (a) Standards and procedures for notifying physicians, |
21 | | residential treatment facilities, and psychiatric hospitals |
22 | | when they have violated any rule enacted or maintained pursuant |
23 | | to Section 5 of this Act. |
24 | | (b) Standards and procedures for issuing written warnings |
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1 | | to physicians, residential treatment facilities, and |
2 | | psychiatric hospitals when they have violated any rule enacted |
3 | | or maintained pursuant to Section 5 of this Act. |
4 | | (c) Standards and procedures for notifying the Department |
5 | | of Financial and Professional Regulation when a physician has |
6 | | repeatedly violated any rule enacted or maintained pursuant to |
7 | | Section 5 of this Act after having received a written warning |
8 | | on one or more occasions. This subsection is not intended to |
9 | | limit the Department's authority to make a report to the |
10 | | Department of Financial and Professional Regulation when a |
11 | | physician has violated a rule and has not received a written |
12 | | warning when the Department determines it is in the minor's and |
13 | | society's interest to make the report. |
14 | | (d) Standards and procedures for notifying the Department |
15 | | of Public Health when any facility licensed by that Department |
16 | | has repeatedly violated any rule enacted or maintained pursuant |
17 | | to Section 5 of this Act after having received a written |
18 | | warning on one or more occasions. This subsection is not |
19 | | intended to limit the Department's authority to make a report |
20 | | to the Department of Public Health when a facility has violated |
21 | | a rule and has not received a written warning when the |
22 | | Department determines it is in the minor's and society's |
23 | | interest to make the report. |
24 | | (e) Standards and procedures for notifying the guardian ad |
25 | | litem appointed pursuant to Section 2-17 of the Juvenile Court |
26 | | Act of 1987, of a youth in care as defined in Section 4d of the |
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1 | | Children and Family Services Act ward who has been administered |
2 | | psychotropic medication in violation of any rule enacted or |
3 | | maintained pursuant to Section 5 of this Act, where the |
4 | | guardian ad litem has requested notification and provides the |
5 | | Department with documentation verifying that pursuant to the |
6 | | Mental Health and Developmental Disabilities Confidentiality |
7 | | Act, the court has entered an order granting the guardian ad |
8 | | litem authority to receive and review this information. |
9 | | (f) Standards and procedures for notifying the |
10 | | Department's licensing division when a residential facility or |
11 | | group home licensed by the Department has repeatedly violated |
12 | | any rule enacted or maintained pursuant to Section 5 of this |
13 | | Act.
|
14 | | (Source: P.A. 97-245, eff. 8-4-11.) |
15 | | Section 35. The Mental Health and Developmental |
16 | | Disabilities Administrative Act is amended by changing Section |
17 | | 69 as follows:
|
18 | | (20 ILCS 1705/69)
|
19 | | Sec. 69.
Joint planning by the Department of Human Services |
20 | | and the
Department of Children and Family Services. The purpose |
21 | | of this Section is to
mandate that joint planning occur between |
22 | | the Department of Children and Family
Services and the |
23 | | Department of Human Services to ensure that the 2 agencies
|
24 | | coordinate their activities and effectively work together to |
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1 | | provide youth in care as defined in Section 4d of the Children |
2 | | and Family Services Act who have wards with
developmental |
3 | | disabilities for whom the Department of Children and Family
|
4 | | Services is legally responsible a smooth transition to adult |
5 | | living upon
reaching the age of 21. The Department of Children |
6 | | and Family Services and the
Department of Human Services shall |
7 | | execute an interagency agreement by January
1, 1998 that |
8 | | outlines the terms of the coordination process. The Departments
|
9 | | shall consult with private providers of services to children in |
10 | | formulating the
interagency agreement.
|
11 | | (Source: P.A. 90-512, eff. 8-22-97; 90-655, eff. 7-30-98.)
|
12 | | Section 40. The State Finance Act is amended by changing |
13 | | Sections 16 and 24.5 as follows:
|
14 | | (30 ILCS 105/16) (from Ch. 127, par. 152)
|
15 | | Sec. 16.
The item "travel" when used in an appropriation |
16 | | act, shall
include any expenditure directly incident to |
17 | | official travel by State
officers, commission members and |
18 | | employees , or by wards or charges of the
State , or youth in |
19 | | care as defined in Section 4d of the Children and Family |
20 | | Services Act , involving reimbursement to travelers, or direct |
21 | | payment to private
agencies providing transportation or |
22 | | related services.
Through June 30, 1994, the item "travel" may |
23 | | also include any
expenditure to, or approved by, the Department |
24 | | of Central Management
Services for video conferencing.
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1 | | (Source: P.A. 87-817.)
|
2 | | (30 ILCS 105/24.5) (from Ch. 127, par. 160.5)
|
3 | | Sec. 24.5. "Awards and grants" includes payments for: |
4 | | Awards and
indemnities, pensions and annuities (other than |
5 | | amounts payable for personal
services as defined in Section |
6 | | 14); shared revenue payments or grants to
local governments or |
7 | | to quasi-public agencies; and gratuitous payments to,
or |
8 | | charges incurred for the direct benefit of, natural persons who |
9 | | are not
wards of the State or youth in care as defined in |
10 | | Section 4d of the Children and Family Services Act . Payments to |
11 | | any local government as reimbursement for
costs incurred by it |
12 | | in performing an activity for which it is specifically
by |
13 | | statute made an agent of the State shall be chargeable to and |
14 | | classified
under the same item or account as though such costs |
15 | | were incurred directly
by the State.
|
16 | | (Source: P.A. 82-325.)
|
17 | | Section 45. The Counties Code is amended by changing |
18 | | Section 3-3013 as follows:
|
19 | | (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
|
20 | | Sec. 3-3013. Preliminary investigations; blood and urine |
21 | | analysis;
summoning jury; reports. Every coroner, whenever, as |
22 | | soon as he knows or is
informed that the dead body of any |
23 | | person is found, or lying within his
county, whose death is |
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1 | | suspected of being:
|
2 | | (a) A sudden or violent death, whether apparently |
3 | | suicidal,
homicidal or accidental, including but not |
4 | | limited to deaths apparently
caused or contributed to by |
5 | | thermal, traumatic, chemical, electrical or
radiational |
6 | | injury, or a complication of any of them, or by drowning or
|
7 | | suffocation, or as a result of domestic violence as defined |
8 | | in the Illinois
Domestic
Violence Act of 1986;
|
9 | | (b) A maternal or fetal death due to abortion, or any |
10 | | death due to a
sex crime or a crime against nature;
|
11 | | (c) A death where the circumstances are suspicious, |
12 | | obscure,
mysterious or otherwise unexplained or where, in |
13 | | the written opinion of
the attending physician, the cause |
14 | | of death is not determined;
|
15 | | (d) A death where addiction to alcohol or to any drug |
16 | | may have been
a contributory cause; or
|
17 | | (e) A death where the decedent was not attended by a |
18 | | licensed
physician;
|
19 | | shall go to the place where the dead body is, and take charge |
20 | | of the
same and shall make a preliminary investigation into the |
21 | | circumstances
of the death. In the case of death without |
22 | | attendance by a licensed
physician the body may be moved with |
23 | | the coroner's consent from the
place of death to a mortuary in |
24 | | the same county. Coroners in their
discretion shall notify such |
25 | | physician as is designated in accordance
with Section 3-3014 to |
26 | | attempt to ascertain the cause of death, either by
autopsy or |
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1 | | otherwise.
|
2 | | In cases of accidental death involving a motor vehicle in |
3 | | which the
decedent was (1) the operator or a suspected operator |
4 | | of a motor
vehicle, or (2) a pedestrian 16 years of age or |
5 | | older, the coroner shall
require that a blood specimen of at |
6 | | least 30 cc., and if medically
possible a urine specimen of at |
7 | | least 30 cc. or as much as possible up
to 30 cc., be withdrawn |
8 | | from the body of the decedent in a timely fashion after
the |
9 | | accident causing his death, by such physician as has been |
10 | | designated
in accordance with Section 3-3014, or by the coroner |
11 | | or deputy coroner or
a qualified person designated by such |
12 | | physician, coroner, or deputy coroner. If the county
does not |
13 | | maintain laboratory facilities for making such analysis, the
|
14 | | blood and urine so drawn shall be sent to the Department of |
15 | | State Police or any other accredited or State-certified |
16 | | laboratory
for analysis of the alcohol, carbon monoxide, and |
17 | | dangerous or
narcotic drug content of such blood and urine |
18 | | specimens. Each specimen
submitted shall be accompanied by |
19 | | pertinent information concerning the
decedent upon a form |
20 | | prescribed by such laboratory. Any
person drawing blood and |
21 | | urine and any person making any examination of
the blood and |
22 | | urine under the terms of this Division shall be immune from all
|
23 | | liability, civil or criminal, that might otherwise be incurred |
24 | | or
imposed.
|
25 | | In all other cases coming within the jurisdiction of the |
26 | | coroner and
referred to in subparagraphs (a) through (e) above, |
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1 | | blood, and whenever
possible, urine samples shall be analyzed |
2 | | for the presence of alcohol
and other drugs. When the coroner |
3 | | suspects that drugs may have been
involved in the death, either |
4 | | directly or indirectly, a toxicological
examination shall be |
5 | | performed which may include analyses of blood, urine,
bile, |
6 | | gastric contents and other tissues. When the coroner suspects
a |
7 | | death is due to toxic substances, other than drugs, the coroner |
8 | | shall
consult with the toxicologist prior to collection of |
9 | | samples. Information
submitted to the toxicologist shall |
10 | | include information as to height,
weight, age, sex and race of |
11 | | the decedent as well as medical history,
medications used by |
12 | | and the manner of death of decedent.
|
13 | | When the coroner or medical examiner finds that the cause |
14 | | of death is due to homicidal means, the coroner or medical |
15 | | examiner shall cause blood and buccal specimens (tissue may be |
16 | | submitted if no uncontaminated blood or buccal specimen can be |
17 | | obtained), whenever possible, to be withdrawn from the body of |
18 | | the decedent in a timely fashion. For proper preservation of |
19 | | the specimens, collected blood and buccal specimens shall be |
20 | | dried and tissue specimens shall be frozen if available |
21 | | equipment exists. As soon as possible, but no later than 30 |
22 | | days after the collection of the specimens, the coroner or |
23 | | medical examiner shall release those specimens to the police |
24 | | agency responsible for investigating the death. As soon as |
25 | | possible, but no later than 30 days after the receipt from the |
26 | | coroner or medical examiner, the police agency shall submit the |
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1 | | specimens using the agency case number to a National DNA Index |
2 | | System (NDIS) participating laboratory within this State, such |
3 | | as the Illinois Department of State Police, Division of |
4 | | Forensic Services, for analysis and categorizing into genetic |
5 | | marker groupings. The results of the analysis and categorizing |
6 | | into genetic marker groupings shall be provided to the Illinois |
7 | | Department of State Police and shall be maintained by the |
8 | | Illinois Department of State Police in the State central |
9 | | repository in the same manner, and subject to the same |
10 | | conditions, as provided in Section 5-4-3 of the Unified Code of |
11 | | Corrections. The requirements of this paragraph are in addition |
12 | | to any other findings, specimens, or information that the |
13 | | coroner or medical examiner is required to provide during the |
14 | | conduct of a criminal investigation.
|
15 | | In all counties, in cases of apparent
suicide, homicide, or |
16 | | accidental death or in other cases, within the
discretion of |
17 | | the coroner, the coroner may summon 8 persons of lawful age
|
18 | | from those persons drawn for petit jurors in the county. The |
19 | | summons shall
command these persons to present themselves |
20 | | personally at such a place and
time as the coroner shall |
21 | | determine, and may be in any form which the
coroner shall |
22 | | determine and may incorporate any reasonable form of request
|
23 | | for acknowledgement which the coroner deems practical and |
24 | | provides a
reliable proof of service. The summons may be served |
25 | | by first class mail.
From the 8 persons so summoned, the |
26 | | coroner shall select 6 to serve as the
jury for the inquest. |
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1 | | Inquests may be continued from time
to time, as the coroner may |
2 | | deem necessary. The 6 jurors selected in
a given case may view |
3 | | the body of the deceased.
If at any continuation of an inquest |
4 | | one or more of the original jurors
shall be unable to continue |
5 | | to serve, the coroner shall fill the vacancy or
vacancies. A |
6 | | juror serving pursuant to this paragraph shall receive
|
7 | | compensation from the county at the same rate as the rate of |
8 | | compensation
that is paid to petit or grand jurors in the |
9 | | county. The coroner shall
furnish to each juror without fee at |
10 | | the time of his discharge a
certificate of the number of days |
11 | | in attendance at an inquest, and, upon
being presented with |
12 | | such certificate, the county treasurer shall pay to
the juror |
13 | | the sum provided for his services.
|
14 | | In counties which have a jury commission, in cases of |
15 | | apparent suicide or
homicide or of accidental death, the |
16 | | coroner may conduct an inquest. The jury commission shall |
17 | | provide
at least 8 jurors to the coroner, from whom the coroner |
18 | | shall select any 6
to serve as the jury for the inquest. |
19 | | Inquests may be continued from time
to time as the coroner may |
20 | | deem necessary. The 6 jurors originally chosen
in a given case |
21 | | may view the body of the deceased. If at any continuation
of an |
22 | | inquest one or more of the 6 jurors originally chosen shall be |
23 | | unable
to continue to serve, the coroner shall fill the vacancy |
24 | | or vacancies. At
the coroner's discretion, additional jurors to |
25 | | fill such vacancies shall be
supplied by the jury commission. A |
26 | | juror serving pursuant to this
paragraph in such county shall |
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1 | | receive compensation from the county at the
same rate as the |
2 | | rate of compensation that is paid to petit or grand jurors
in |
3 | | the county.
|
4 | | In every case in which a fire is determined to be
a
|
5 | | contributing factor in a death, the coroner shall report the |
6 | | death to the
Office of the State Fire Marshal. The coroner |
7 | | shall provide a copy of the death certificate (i) within 30 |
8 | | days after filing the permanent death certificate and (ii) in a |
9 | | manner that is agreed upon by the coroner and the State Fire |
10 | | Marshal. |
11 | | In every case in which a drug overdose is determined to be |
12 | | the cause or a contributing factor in the death, the coroner or |
13 | | medical examiner shall report the death to the Department of |
14 | | Public Health. The Department of Public Health shall adopt |
15 | | rules regarding specific information that must be reported in |
16 | | the event of such a death. If possible, the coroner shall |
17 | | report the cause of the overdose. As used in this Section, |
18 | | "overdose" has the same meaning as it does in Section 414 of |
19 | | the Illinois Controlled Substances Act. The Department of |
20 | | Public Health shall issue a semiannual report to the General |
21 | | Assembly summarizing the reports received. The Department |
22 | | shall also provide on its website a monthly report of overdose |
23 | | death figures organized by location, age, and any other |
24 | | factors, the Department deems appropriate. |
25 | | In addition, in every case in which domestic violence is |
26 | | determined to be
a
contributing factor in a death, the coroner |
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1 | | shall report the death to the
Department of State Police.
|
2 | | All deaths in State institutions and all deaths of wards of |
3 | | the State or youth in care as defined in Section 4d of the |
4 | | Children and Family Services Act in
private care facilities or |
5 | | in programs funded by the Department of Human
Services under |
6 | | its powers relating to mental health and developmental
|
7 | | disabilities or alcoholism and substance
abuse or funded by the |
8 | | Department of Children and Family Services shall
be reported to |
9 | | the coroner of the county in which the facility is
located. If |
10 | | the coroner has reason to believe that an investigation is
|
11 | | needed to determine whether the death was caused by |
12 | | maltreatment or
negligent care of the ward of the State or |
13 | | youth in care as defined in Section 4d of the Children and |
14 | | Family Services Act , the coroner may conduct a
preliminary |
15 | | investigation of the circumstances of such death as in cases of
|
16 | | death under circumstances set forth in paragraphs (a) through |
17 | | (e) of this
Section.
|
18 | | (Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, |
19 | | eff. 7-28-16.)
|
20 | | Section 50. The School Code is amended by changing Section |
21 | | 14-8.02a as follows:
|
22 | | (105 ILCS 5/14-8.02a)
|
23 | | Sec. 14-8.02a. Impartial due process hearing; civil |
24 | | action.
|
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1 | | (a) This Section
shall apply to all impartial due process |
2 | | hearings requested on or after July
1, 2005. Impartial due |
3 | | process hearings requested before July 1, 2005 shall be |
4 | | governed by the rules described in Public Act 89-652. |
5 | | (a-5) For purposes of this Section and Section 14-8.02b of |
6 | | this Code, days shall be computed in accordance with Section |
7 | | 1.11 of the Statute on Statutes.
|
8 | | (b) The State Board of Education shall establish an |
9 | | impartial due process
hearing system in accordance with this
|
10 | | Section and may, with the advice and approval of the Advisory |
11 | | Council on
Education of Children with Disabilities, promulgate |
12 | | rules and regulations
consistent with this Section to establish |
13 | | the rules and procedures for due process hearings.
|
14 | | (c) (Blank).
|
15 | | (d) (Blank).
|
16 | | (e) (Blank).
|
17 | | (f) An impartial due process hearing shall be convened upon |
18 | | the request of a
parent, student if at least 18 years of age or |
19 | | emancipated, or a
school district. A school district shall
make |
20 | | a request in writing to the State Board of Education and |
21 | | promptly mail a
copy of the request to the parents or student |
22 | | (if at least 18 years of age or emancipated) at the parent's or |
23 | | student's last
known address. A request made by the parent or |
24 | | student shall be made in writing to the superintendent of the |
25 | | school district where the student resides. The superintendent |
26 | | shall forward the request to the State Board of Education |
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1 | | within 5 days after receipt of the request. The request shall |
2 | | be filed no more than 2 years following the date the person or |
3 | | school district knew or should have known of the event or |
4 | | events forming the basis for the request. The request shall, at |
5 | | a minimum, contain all of the following: |
6 | | (1) The name of the student, the address of the |
7 | | student's residence, and the name of the school the student |
8 | | is attending. |
9 | | (2) In the case of homeless children (as defined under |
10 | | the federal McKinney-Vento Homeless Assistance Act (42 |
11 | | U.S.C. 11434a(2)), available contact information for the |
12 | | student and the name of the school the student is |
13 | | attending. |
14 | | (3) A description of the nature of the problem relating |
15 | | to the actual or proposed placement, identification, |
16 | | services, or evaluation of the student, including facts |
17 | | relating to the problem. |
18 | | (4) A proposed resolution of the problem to the extent |
19 | | known and available to the party at the time. |
20 | | (f-5) Within 3 days after receipt of the hearing request,
|
21 | | the State Board of
Education shall appoint a due process |
22 | | hearing officer using a rotating
appointment system and shall |
23 | | notify the hearing officer of his or her
appointment. |
24 | | For a school district other than a school district located |
25 | | in a municipality having a population exceeding 500,000, a |
26 | | hearing officer who is a current resident of the school |
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1 | | district, special
education cooperative, or other public |
2 | | entity involved in the hearing shall recuse himself or herself. |
3 | | A hearing officer who is a former employee of the school |
4 | | district, special education cooperative, or other public |
5 | | entity involved in the hearing shall immediately disclose the |
6 | | former employment to the parties and shall recuse himself or |
7 | | herself, unless the parties otherwise agree in writing. A
|
8 | | hearing officer having a personal or professional interest that |
9 | | may conflict
with his or her objectivity in the hearing shall |
10 | | disclose the conflict to the parties and shall recuse himself |
11 | | or herself unless the parties otherwise agree in writing. For |
12 | | purposes of this subsection
an assigned hearing officer shall |
13 | | be considered to have a conflict of interest
if, at any time |
14 | | prior to the issuance of his or her written decision, he or she
|
15 | | knows or should know that he or she may receive remuneration |
16 | | from a party
to the hearing within 3 years following the |
17 | | conclusion of the due process
hearing. |
18 | | A party to a due process hearing shall be permitted one |
19 | | substitution
of hearing officer as a matter of right, in |
20 | | accordance with procedures
established by the rules adopted by |
21 | | the State Board of Education under this
Section. The State |
22 | | Board of Education shall randomly select and appoint
another |
23 | | hearing officer within 3 days after receiving notice that the |
24 | | appointed
hearing officer is ineligible to serve or upon |
25 | | receiving a proper request for
substitution of hearing officer. |
26 | | If a party withdraws its request for a due
process hearing |
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1 | | after a hearing officer has been appointed, that hearing
|
2 | | officer shall retain jurisdiction over a subsequent hearing |
3 | | that involves the
same parties and is requested within one year |
4 | | from the date of withdrawal of
the previous request, unless |
5 | | that hearing
officer is unavailable.
|
6 | | Any party may raise
facts that constitute a conflict of |
7 | | interest for the hearing officer at any
time before or during |
8 | | the hearing and may move for recusal.
|
9 | | (g) Impartial due process hearings shall be conducted |
10 | | pursuant to this
Section and any rules and regulations |
11 | | promulgated by the State Board of Education
consistent with |
12 | | this Section and other governing laws and regulations. The |
13 | | hearing shall address only those issues properly raised in the |
14 | | hearing request under subsection (f) of this Section or, if |
15 | | applicable, in the amended hearing request under subsection |
16 | | (g-15) of this Section. The
hearing shall be closed to the |
17 | | public unless the parents request
that the hearing be open to |
18 | | the public. The parents involved in
the hearing shall have the |
19 | | right to have the student who is the subject of the
hearing |
20 | | present. The hearing shall be held at a time and place which |
21 | | are
reasonably convenient to the parties involved. Upon the |
22 | | request of
a party, the hearing officer shall hold the hearing |
23 | | at a location neutral to
the parties if the hearing officer |
24 | | determines that there is no cost for
securing the use of the |
25 | | neutral location. Once appointed, the impartial due
process |
26 | | hearing officer shall not communicate with the State Board of |
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1 | | Education
or its employees concerning the
hearing, except that, |
2 | | where circumstances require, communications for
administrative |
3 | | purposes that do not deal with substantive or procedural |
4 | | matters
or issues on the merits are authorized, provided that |
5 | | the hearing officer
promptly notifies all parties of the |
6 | | substance of the communication as a matter
of record. |
7 | | (g-5) Unless the school district has previously provided |
8 | | prior written notice to the parent or student (if at least 18 |
9 | | years of age or emancipated) regarding the subject matter of |
10 | | the hearing request, the school district shall, within 10 days |
11 | | after receiving a hearing request initiated by a parent or |
12 | | student (if at least 18 years of age or emancipated), provide a |
13 | | written response to the request that shall include all of the |
14 | | following: |
15 | | (1) An explanation of why the school district proposed |
16 | | or refused to take the action or actions described in the |
17 | | hearing request. |
18 | | (2) A description of other options the IEP team |
19 | | considered and the reasons why those options were rejected. |
20 | | (3) A description of each evaluation procedure, |
21 | | assessment, record, report, or other evidence the school |
22 | | district used as the basis for the proposed or refused |
23 | | action or actions. |
24 | | (4) A description of the factors that are or were |
25 | | relevant to the school district's proposed or refused |
26 | | action or actions. |
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1 | | (g-10) When the hearing request has been initiated by a |
2 | | school district, within 10 days after receiving the request, |
3 | | the parent or student (if at least 18 years of age or |
4 | | emancipated) shall provide the school district with a response |
5 | | that specifically addresses the issues raised in the school |
6 | | district's hearing request. The parent's or student's response |
7 | | shall be provided in writing, unless he or she is illiterate or |
8 | | has a disability that prevents him or her from providing a |
9 | | written response. The parent's or student's response may be |
10 | | provided in his or her native language, if other than English. |
11 | | In the event that illiteracy or another disabling condition |
12 | | prevents the parent or student from providing a written |
13 | | response, the school district shall assist the parent or |
14 | | student in providing the written response. |
15 | | (g-15) Within 15 days after receiving notice of the hearing |
16 | | request, the non-requesting party may challenge the |
17 | | sufficiency of the request by submitting its challenge in |
18 | | writing to the hearing officer. Within 5 days after receiving |
19 | | the challenge to the sufficiency of the request, the hearing |
20 | | officer shall issue a determination of the challenge in writing |
21 | | to the parties. In the event that the hearing officer upholds |
22 | | the challenge, the party who requested the hearing may, with |
23 | | the consent of the non-requesting party or hearing officer, |
24 | | file an amended request. Amendments are permissible for the |
25 | | purpose of raising issues beyond those in the initial hearing |
26 | | request. In addition, the party who requested the hearing may |
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1 | | amend the request once as a matter of right by filing the |
2 | | amended request within 5 days after filing the initial request. |
3 | | An amended request, other than an amended request as a matter |
4 | | of right, shall be filed by the date determined by the hearing |
5 | | officer, but in no event any later than 5 days prior to the |
6 | | date of the hearing. If an amended request, other than an |
7 | | amended request as a matter of right, raises issues that were |
8 | | not part of the initial request, the applicable timeline for a |
9 | | hearing, including the timeline under subsection (g-20) of this |
10 | | Section, shall recommence. |
11 | | (g-20) Within 15 days after receiving a request for a |
12 | | hearing from a parent or student (if at least 18 years of age |
13 | | or emancipated) or, in the event that the school district |
14 | | requests a hearing, within 15 days after initiating the |
15 | | request, the school district shall convene a resolution meeting |
16 | | with the parent and relevant members of the IEP team who have |
17 | | specific knowledge of the facts contained in the request for |
18 | | the purpose of resolving the problem that resulted in the |
19 | | request. The resolution meeting shall include a representative |
20 | | of the school district who has decision-making authority on |
21 | | behalf of the school district. Unless the parent is accompanied |
22 | | by an attorney at the resolution meeting, the school district |
23 | | may not include an attorney representing the school district. |
24 | | The resolution meeting may not be waived unless agreed to |
25 | | in writing by the school district and the parent or student (if |
26 | | at least 18 years of age or emancipated) or the parent or |
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1 | | student (if at least 18 years of age or emancipated) and the |
2 | | school district agree in writing to utilize mediation in place |
3 | | of the resolution meeting. If either party fails to cooperate |
4 | | in the scheduling or convening of the resolution meeting, the |
5 | | hearing officer may order an extension of the timeline for |
6 | | completion of the resolution meeting or, upon the motion of a |
7 | | party and at least 7 days after ordering the non-cooperating |
8 | | party to cooperate, order the dismissal of the hearing request |
9 | | or the granting of all relief set forth in the request, as |
10 | | appropriate. |
11 | | In the event that the school district and the parent or |
12 | | student (if at least 18 years of age or emancipated) agree to a |
13 | | resolution of the problem that resulted in the hearing request, |
14 | | the terms of the resolution shall be committed to writing and |
15 | | signed by the parent or student (if at least 18 years of age or |
16 | | emancipated) and the representative of the school district with |
17 | | decision-making authority. The agreement shall be legally |
18 | | binding and shall be enforceable in any State or federal court |
19 | | of competent jurisdiction. In the event that the parties |
20 | | utilize the resolution meeting process, the process shall |
21 | | continue until no later than the 30th day following the receipt |
22 | | of the hearing request by the non-requesting party (or as |
23 | | properly extended by order of the hearing officer) to resolve |
24 | | the issues underlying the request, at which time the timeline |
25 | | for completion of the impartial due process hearing shall |
26 | | commence. The State Board of Education may, by rule, establish |
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1 | | additional procedures for the conduct of resolution meetings. |
2 | | (g-25) If mutually agreed to in writing, the parties to a |
3 | | hearing request may request State-sponsored mediation as a |
4 | | substitute for the resolution process described in subsection |
5 | | (g-20) of this Section or may utilize mediation at the close of |
6 | | the resolution process if all issues underlying the hearing |
7 | | request have not been resolved through the resolution process. |
8 | | (g-30) If mutually agreed to in writing, the parties to a |
9 | | hearing request may waive the resolution process described in |
10 | | subsection (g-20) of this Section. Upon signing a written |
11 | | agreement to waive the resolution process, the parties shall be |
12 | | required to forward the written waiver to the hearing officer |
13 | | appointed to the case within 2 business days following the |
14 | | signing of the waiver by the parties. The timeline for the |
15 | | impartial due process hearing shall commence on the date of the |
16 | | signing of the waiver by the parties. |
17 | | (g-35) The timeline for completing the impartial due |
18 | | process hearing, as set forth in subsection (h) of this |
19 | | Section, shall be initiated upon the occurrence of any one of |
20 | | the following events: |
21 | | (1) The unsuccessful completion of the resolution |
22 | | process as described in subsection (g-20) of this Section. |
23 | | (2) The mutual agreement of the parties to waive the |
24 | | resolution process as described in subsection (g-25) or |
25 | | (g-30) of this Section.
|
26 | | (g-40) The hearing officer shall convene a prehearing |
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1 | | conference no later than 14
days before the scheduled date for |
2 | | the due process hearing for the general
purpose of aiding in |
3 | | the fair, orderly, and expeditious conduct of the hearing.
The |
4 | | hearing officer shall provide the parties with written notice |
5 | | of the
prehearing conference at least 7 days in advance of the |
6 | | conference. The
written notice shall require the parties to |
7 | | notify the hearing officer by a
date certain whether they |
8 | | intend to participate in the prehearing conference.
The hearing |
9 | | officer may conduct the prehearing conference in person or by
|
10 | | telephone. Each party shall at the prehearing conference (1) |
11 | | disclose whether
it is represented by legal counsel or intends |
12 | | to retain legal counsel; (2) clarify
matters it believes to be |
13 | | in dispute in the case and the specific relief
being sought; |
14 | | (3) disclose whether there are any additional evaluations for |
15 | | the student
that it intends to
introduce into the
hearing |
16 | | record that have not been previously disclosed to the other |
17 | | parties;
(4) disclose a list of all documents it intends to |
18 | | introduce into the hearing record,
including the date and a |
19 | | brief description of each document; and (5) disclose the names
|
20 | | of all witnesses it intends to call to testify at the hearing. |
21 | | The hearing
officer shall specify the order of presentation to |
22 | | be used at the hearing. If
the
prehearing conference is held by |
23 | | telephone, the parties shall transmit the
information required |
24 | | in this paragraph in such a manner that it is available to
all |
25 | | parties at the time of the prehearing conference. The State |
26 | | Board of
Education may, by
rule, establish additional |
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1 | | procedures for the conduct of prehearing
conferences.
|
2 | | (g-45) The
impartial due process hearing officer shall not |
3 | | initiate or participate in any
ex parte communications with the |
4 | | parties, except to arrange the date, time,
and location of the |
5 | | prehearing conference, due process hearing, or other status |
6 | | conferences convened at the discretion of the hearing officer
|
7 | | and to
receive confirmation of whether a party intends to |
8 | | participate in the
prehearing conference. |
9 | | (g-50) The parties shall disclose and provide to each other
|
10 | | any evidence which they intend to submit into the hearing |
11 | | record no later than
5 days before the hearing. Any party to a |
12 | | hearing has the right to prohibit
the introduction of any |
13 | | evidence at the hearing that has not been disclosed to
that |
14 | | party at least 5 days before the hearing. The party requesting |
15 | | a hearing shall not be permitted at the hearing to raise issues |
16 | | that were not raised in the party's initial or amended request, |
17 | | unless otherwise permitted in this Section.
|
18 | | (g-55) All reasonable efforts must be made by the parties |
19 | | to present their respective cases at the hearing within a |
20 | | cumulative period of 7 days. When scheduling hearing dates, the |
21 | | hearing officer shall schedule the final day of the hearing no |
22 | | more than 30 calendar days after the first day of the hearing |
23 | | unless good cause is shown. This subsection (g-55) shall not be |
24 | | applied in a manner that (i) denies any party to the hearing a |
25 | | fair and reasonable allocation of time and opportunity to |
26 | | present its case in its entirety or (ii) deprives any party to |
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1 | | the hearing of the safeguards accorded under the federal |
2 | | Individuals with Disabilities Education Improvement Act of |
3 | | 2004 (Public Law 108-446), regulations promulgated under the |
4 | | Individuals with Disabilities Education Improvement Act of |
5 | | 2004, or any other applicable law. The school district shall |
6 | | present evidence that the special education needs
of the child |
7 | | have been appropriately identified and that the special |
8 | | education
program and related services proposed to meet the |
9 | | needs of the child are
adequate, appropriate, and available. |
10 | | Any party to the hearing shall have the
right to (1) be |
11 | | represented
by counsel and be accompanied and advised by |
12 | | individuals with special knowledge
or training with respect to |
13 | | the problems of children with disabilities, at the
party's own |
14 | | expense; (2) present evidence and confront and cross-examine
|
15 | | witnesses; (3) move for the exclusion of witnesses from the |
16 | | hearing until they
are called to testify, provided, however, |
17 | | that this provision may not be
invoked to exclude the |
18 | | individual designated by a party to assist that party or
its |
19 | | representative in the presentation of the case; (4) obtain a |
20 | | written or
electronic verbatim record of
the proceedings within |
21 | | 30 days of receipt of a written request from the parents
by the |
22 | | school district; and (5) obtain a written decision, including |
23 | | findings
of fact and conclusions of law, within 10 days after |
24 | | the conclusion of the
hearing.
If at issue, the school district |
25 | | shall present evidence that it has
properly identified and |
26 | | evaluated the nature and
severity of the student's suspected or |
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1 | | identified disability and that, if the
student has been or |
2 | | should have been determined eligible for special education
and |
3 | | related services, that it is providing or has offered a free |
4 | | appropriate
public education to the student in the least |
5 | | restrictive environment,
consistent with
procedural safeguards |
6 | | and in accordance with an individualized educational
program.
|
7 | | At any time prior to the conclusion of the hearing, the |
8 | | impartial due
process hearing officer shall have the authority |
9 | | to require additional
information and order independent |
10 | | evaluations for the
student at the expense of the school |
11 | | district. The State Board of Education
and the school district |
12 | | shall share equally the costs of providing a written or
|
13 | | electronic verbatim record of the proceedings. Any party may |
14 | | request that the
due process hearing officer issue a subpoena |
15 | | to compel the testimony of
witnesses or the production of |
16 | | documents relevant to the
resolution of the hearing. Whenever a |
17 | | person refuses to comply with any
subpoena issued under this |
18 | | Section, the circuit court of the county in which
that hearing |
19 | | is pending, on application of the impartial hearing officer or |
20 | | the
party requesting the issuance of the subpoena, may compel |
21 | | compliance through
the contempt powers of
the court in the same |
22 | | manner as if the requirements of a subpoena issued by the
court |
23 | | had been disobeyed.
|
24 | | (h) The impartial hearing officer shall issue a written |
25 | | decision, including
findings of fact and conclusions of law, |
26 | | within 10 days after the
conclusion of the hearing and send by |
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1 | | certified mail a copy of the decision to the parents
or student |
2 | | (if the student requests the hearing), the school
district, the |
3 | | director of special education, legal representatives of the
|
4 | | parties, and the State Board of Education. Unless the hearing |
5 | | officer has
granted specific extensions of time at the request |
6 | | of a party, a final
decision, including the clarification of a |
7 | | decision requested under this
subsection, shall be reached and |
8 | | mailed to the parties named above not later
than 45 days after |
9 | | the initiation of the timeline for conducting the hearing, as |
10 | | described in subsection (g-35) of this Section. The
decision |
11 | | shall specify the educational and related services that shall |
12 | | be
provided to the student in accordance with the student's |
13 | | needs and the timeline for which the school district shall |
14 | | submit evidence to the State Board of Education to demonstrate |
15 | | compliance with the hearing officer's decision in the event |
16 | | that the decision orders the school district to undertake |
17 | | corrective action.
The hearing officer shall retain |
18 | | jurisdiction for the sole purpose of
considering a request for |
19 | | clarification of the final decision submitted in
writing by a |
20 | | party to the impartial hearing officer within 5 days after |
21 | | receipt
of the decision.
A copy of the request for |
22 | | clarification shall specify the portions of the
decision for |
23 | | which clarification is sought and shall be mailed to all |
24 | | parties
of record and to the State Board of Education. The |
25 | | request shall
operate to stay implementation of those portions |
26 | | of the decision for which
clarification is sought, pending |
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1 | | action on the request by the hearing officer,
unless the |
2 | | parties otherwise agree. The hearing officer shall issue a
|
3 | | clarification of the specified portion of the decision or issue |
4 | | a partial or
full denial of the request in writing within 10 |
5 | | days of receipt of the request
and mail copies to all parties |
6 | | to whom the decision was mailed. This
subsection does not |
7 | | permit a party to request, or authorize a hearing officer
to |
8 | | entertain, reconsideration of the decision itself. The statute |
9 | | of
limitations for seeking review of the decision shall be |
10 | | tolled from the date
the request is submitted until the date |
11 | | the hearing officer acts upon the
request. The hearing |
12 | | officer's decision shall be binding upon the school district
|
13 | | and the parents unless a civil action is commenced.
|
14 | | (i) Any party to an impartial due process hearing aggrieved |
15 | | by the final
written decision of the impartial due process |
16 | | hearing officer shall have the
right to commence a civil action |
17 | | with respect to the issues presented in the
impartial due |
18 | | process hearing. That civil action shall be brought in any
|
19 | | court of competent jurisdiction within
120 days after a copy of |
20 | | the
decision of the impartial due process hearing officer is |
21 | | mailed to the party as
provided in
subsection (h). The civil |
22 | | action authorized by this subsection shall not be
exclusive of |
23 | | any rights or causes of action otherwise
available. The |
24 | | commencement of a civil action under this subsection shall
|
25 | | operate as a supersedeas. In any action brought under this |
26 | | subsection the
Court shall receive the records of the impartial |
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1 | | due process hearing, shall
hear additional evidence at the |
2 | | request of a party, and, basing its decision on
the |
3 | | preponderance of the evidence, shall grant such relief as the |
4 | | court
determines is appropriate. In any instance where a school |
5 | | district willfully
disregards applicable regulations or |
6 | | statutes regarding a child covered by this
Article, and which |
7 | | disregard has been detrimental to the child, the school
|
8 | | district shall be liable for any reasonable attorney's fees |
9 | | incurred by the
parent in connection with proceedings under |
10 | | this Section.
|
11 | | (j) During the pendency of any administrative or judicial |
12 | | proceeding
conducted
pursuant to this Section, including |
13 | | mediation (if the school district or other public entity |
14 | | voluntarily agrees to participate in mediation), unless the |
15 | | school district and the
parents or student (if at least 18 |
16 | | years of age or emancipated) otherwise agree, the student shall |
17 | | remain in
his or her present educational placement and continue |
18 | | in his or her present
eligibility status and special education |
19 | | and related services, if any. If mediation fails to resolve the |
20 | | dispute between the parties, the parent (or student if 18 years |
21 | | of age or older or emancipated) shall have 10 days after the |
22 | | mediation concludes to file a request for a due process hearing |
23 | | in order to continue to invoke the "stay-put" provisions of |
24 | | this subsection (j). If applying for initial admission to the
|
25 | | school district, the student shall, with the consent of the |
26 | | parents (if the student is not at least 18 years of age or |
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1 | | emancipated), be placed in the school district program until |
2 | | all such proceedings
have been completed. The costs for any |
3 | | special education and related services
or placement incurred |
4 | | following 60 school days after the initial request for
|
5 | | evaluation shall be borne by the school district if the |
6 | | services or placement
is in accordance with the final |
7 | | determination as to the special education and
related services |
8 | | or placement that must be provided to the child, provided that
|
9 | | during that 60 day period there have been no delays caused by |
10 | | the child's
parent.
|
11 | | (k) Whenever the parents of a child of the type described |
12 | | in
Section 14-1.02 are not known, are unavailable, or the child |
13 | | is a youth in care as defined in Section 4d of the Children and |
14 | | Family Services Act ward of the
State , a person shall be |
15 | | assigned to serve as surrogate parent for the child in
matters |
16 | | relating to the identification, evaluation, and educational |
17 | | placement
of the child and the provision of a free appropriate |
18 | | public education to the
child. Persons shall be assigned as |
19 | | surrogate parents by the State
Superintendent of Education. The |
20 | | State Board of Education shall promulgate
rules and regulations |
21 | | establishing qualifications of those persons and their
|
22 | | responsibilities and the procedures to be followed in making |
23 | | assignments of
persons as surrogate parents.
Surrogate parents |
24 | | shall not be employees of the school district, an agency
|
25 | | created by joint agreement under Section 10-22.31, an agency |
26 | | involved in the
education or care of the student, or the State |
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1 | | Board of Education.
Services of any person assigned as |
2 | | surrogate parent shall terminate if the
parent
becomes |
3 | | available unless otherwise requested by the parents. The |
4 | | assignment of a person as surrogate parent at no time
|
5 | | supersedes, terminates, or suspends the parents' legal |
6 | | authority
relative to the child. Any person participating in |
7 | | good faith as surrogate
parent on behalf of the child before |
8 | | school officials or a hearing officer
shall have immunity from |
9 | | civil or criminal liability that otherwise might
result by |
10 | | reason of that participation, except in cases of willful and
|
11 | | wanton misconduct.
|
12 | | (l) At all stages of the hearing the hearing officer shall |
13 | | require that
interpreters be made available by the school |
14 | | district for persons who are deaf
or for persons whose normally |
15 | | spoken language is other than English.
|
16 | | (m) If any provision of this Section or its application to |
17 | | any person or
circumstance is held invalid, the invalidity of |
18 | | that provision or application
does not affect other provisions |
19 | | or applications of the Section that can be
given effect without |
20 | | the invalid application or provision, and to this end the
|
21 | | provisions of this Section are severable, unless otherwise |
22 | | provided by this
Section.
|
23 | | (Source: P.A. 98-383, eff. 8-16-13.)
|
24 | | Section 55. The Child Care Act of 1969 is amended by |
25 | | changing Sections 2.31 and 7.3 and by adding Section 2.01b as |
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1 | | follows: |
2 | | (225 ILCS 10/2.01b new) |
3 | | Sec. 2.01b. Youth in care. "Youth in care" has the meaning |
4 | | ascribed to that term in Section 4d of the Children and Family |
5 | | Services Act. |
6 | | (225 ILCS 10/2.31) |
7 | | Sec. 2.31. Secondary placement. "Secondary placement" |
8 | | means a placement, including but not limited to the placement |
9 | | of a youth in care ward of the Department , that occurs after a |
10 | | placement disruption or adoption dissolution. "Secondary |
11 | | placement" does not mean secondary placements arising due to |
12 | | the death of the adoptive parent of the child.
|
13 | | (Source: P.A. 99-49, eff. 7-15-15.)
|
14 | | (225 ILCS 10/7.3)
|
15 | | Sec. 7.3. Children placed by private child welfare agency.
|
16 | | (a) Before placing a child who is a youth in care ward of |
17 | | the Department in a foster
family
home, a private child welfare |
18 | | agency must ascertain (i) whether any other
children who
are |
19 | | youth in care wards of the Department have been placed in that |
20 | | home and (ii) whether
every such
child who has been placed in |
21 | | that home continues to reside in that home, unless
the child
|
22 | | has been transferred to another placement or is no longer a |
23 | | youth in care ward of the
Department . The
agency must keep a |
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1 | | record of every other child welfare agency that has placed
such |
2 | | a
child in that foster family home; the record must include the |
3 | | name and
telephone number
of a contact person at each such |
4 | | agency.
|
5 | | (b) At least once every 30 days, a private child welfare |
6 | | agency that places youth in care
wards
of the Department in |
7 | | foster family homes must make a site visit to every such
home
|
8 | | where it has placed a youth in care ward . The purpose of the |
9 | | site visit is to verify that the
child
continues to reside in |
10 | | that home and to verify the child's safety and
well-being. The |
11 | | agency must document the verification in
its
records. If a |
12 | | private child welfare agency fails to comply with the
|
13 | | requirements of this
subsection, the Department must suspend |
14 | | all payments to the agency until the
agency
complies.
|
15 | | (c) The Department must periodically (but no less often |
16 | | than once every 6
months) review the child placement records of |
17 | | each private child welfare agency
that
places youth in care |
18 | | wards of the Department .
|
19 | | (d) If a child placed in a foster family home is missing, |
20 | | the foster parent
must
promptly report that fact to the |
21 | | Department or to the child welfare agency that
placed the
child |
22 | | in the home. If the foster parent fails to make such a report, |
23 | | the
Department shall
put the home on hold for the placement of |
24 | | other children and initiate
corrective action that may include |
25 | | revocation of
the foster parent's license to operate the foster |
26 | | family home.
A foster parent who knowingly and willfully fails |
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1 | | to report a missing foster
child under this subsection is |
2 | | guilty of a Class A misdemeanor.
|
3 | | (e) If a private child welfare agency determines that a |
4 | | youth in care ward of the
Department
whom it has placed in a |
5 | | foster family home no longer resides in that home, the
agency
|
6 | | must promptly report that fact to the Department. If the agency |
7 | | fails to make
such a
report, the Department shall
put the |
8 | | agency on hold for the placement of other children and initiate
|
9 | | corrective action that may include revocation of the agency's |
10 | | license.
|
11 | | (f) When a child is missing from a foster home, the |
12 | | Department or private
agency in charge of case management shall |
13 | | report regularly to the foster parent
concerning efforts to |
14 | | locate the missing child.
|
15 | | (g) The Department must strive to account for the status |
16 | | and whereabouts of
every
one of its youth in care wards who it |
17 | | determines is not residing in the authorized placement
in
which |
18 | | he or she was placed.
|
19 | | (Source: P.A. 93-343, eff. 7-24-03.)
|
20 | | Section 60. The Early Intervention Services System Act is |
21 | | amended by changing Section 12 as follows:
|
22 | | (325 ILCS 20/12) (from Ch. 23, par. 4162)
|
23 | | Sec. 12. Procedural safeguards. The lead agency shall adopt |
24 | | procedural safeguards that meet federal
requirements and |
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1 | | ensure effective implementation of the safeguards
for families
|
2 | | by each
public agency involved in the provision of early |
3 | | intervention
services under this Act.
|
4 | | The procedural safeguards shall provide, at a minimum, the |
5 | | following:
|
6 | | (a) The timely administrative resolution of
State |
7 | | complaints, due process hearings, and mediations as |
8 | | defined by administrative rule.
|
9 | | (b) The right to confidentiality of personally |
10 | | identifiable information.
|
11 | | (c) The opportunity for parents and a guardian to |
12 | | examine and receive
copies of records relating to |
13 | | evaluations and assessments, screening, eligibility
|
14 | | determinations, and the development and implementation of |
15 | | the
Individualized Family Service Plan provision of early |
16 | | intervention services, individual complaints involving the |
17 | | child, or any part of the child's early intervention |
18 | | record.
|
19 | | (d) Procedures to protect the rights of the eligible |
20 | | infant or toddler
whenever the parents or guardians of the |
21 | | child are not known or unavailable
or the child is a youth |
22 | | in care as defined in Section 4d of the Children and Family |
23 | | Services Act ward of the State , including the assignment of |
24 | | an
individual (who shall not be an employee of the State |
25 | | agency or local
agency providing services) to act as a |
26 | | surrogate for the parents or guardian. The regional intake |
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1 | | entity must make reasonable efforts to ensure the |
2 | | assignment of a surrogate parent not more than 30 days |
3 | | after a public agency determines that the child needs a |
4 | | surrogate parent.
|
5 | | (e) Timely written prior notice to the parents or |
6 | | guardian of the
eligible infant or toddler whenever the |
7 | | State agency or public or private
service provider proposes |
8 | | to initiate or change or refuses to initiate or
change the |
9 | | identification, evaluation, placement, or the provision of
|
10 | | appropriate early intervention services to the eligible |
11 | | infant or toddler.
|
12 | | (f) Written prior notice to fully inform the parents or |
13 | | guardians, in
their native language or mode of |
14 | | communication used by the parent, unless clearly not |
15 | | feasible to do so, in a comprehensible manner, of these |
16 | | procedural
safeguards.
|
17 | | (g) During the pendency of any State complaint |
18 | | procedure, due process hearing, or mediation involving a
|
19 | | complaint, unless the State agency and the parents or |
20 | | guardian otherwise
agree, the child shall continue to |
21 | | receive the appropriate early
intervention services |
22 | | currently being provided, or in the case of an
application |
23 | | for initial services, the child shall receive the services |
24 | | not in
dispute.
|
25 | | (Source: P.A. 98-41, eff. 6-28-13; 98-802, eff. 8-1-14.)
|
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1 | | Section 65. The High Risk Youth Career Development Act is |
2 | | amended by changing Section 1 as follows:
|
3 | | (325 ILCS 25/1) (from Ch. 23, par. 6551)
|
4 | | Sec. 1. The Department of Human Services (acting as |
5 | | successor to the
Illinois Department of Public Aid under the |
6 | | Department of Human Services
Act), in cooperation with
the |
7 | | Department of Commerce and Economic Opportunity, the Illinois |
8 | | State Board
of Education, the Department of Children and Family |
9 | | Services, the
Department of Employment Services and other |
10 | | appropriate State and local
agencies, may establish and |
11 | | administer, on an experimental basis and
subject to |
12 | | appropriation, community-based programs providing
|
13 | | comprehensive, long-term intervention strategies to increase |
14 | | future
employability and career development among high risk |
15 | | youth.
The Department of Human Services, and the other |
16 | | cooperating
agencies, shall
establish provisions for community |
17 | | involvement in the design, development,
implementation and |
18 | | administration of these programs. The programs
may provide the |
19 | | following services: teaching of basic literacy and
remedial |
20 | | reading and writing; vocational training programs which are
|
21 | | realistic in terms of producing lifelong skills necessary for |
22 | | career
development; and supportive services including |
23 | | transportation and child
care during the training period and |
24 | | for up to one year after placement in a
job. The programs shall |
25 | | be targeted to high risk youth residing in the
geographic areas |
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1 | | served by the respective programs. "High risk" means that
a |
2 | | person is at least 16 years of age but not yet 21 years of age |
3 | | and
possesses one or more of the following characteristics:
|
4 | | (1) has a Has low income;
|
5 | | (2) is Is a member of a minority;
|
6 | | (3) is Is illiterate;
|
7 | | (4) is Is a school dropout drop out ;
|
8 | | (5) is Is homeless;
|
9 | | (6) is Is a person with a disability;
|
10 | | (7) is Is a parent; or
|
11 | | (8) is Is a youth in care as defined in Section 4d of the |
12 | | Children and Family Services Act ward of the State .
|
13 | | The Department of Human Services
and other cooperating |
14 | | State agencies
shall promulgate rules and
regulations, |
15 | | pursuant to the Illinois Administrative Procedure Act, for the
|
16 | | implementation of this Act, including procedures and standards |
17 | | for
determining whether a person possesses any of the |
18 | | characteristics specified
in this Section.
|
19 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
20 | | Section 70. The Safeguard Our Children Act is amended by |
21 | | changing Section 10 as follows: |
22 | | (325 ILCS 58/10)
|
23 | | Sec. 10. Duty to report. Any child or person in the care of |
24 | | the Department who is placed in a residential facility under |
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1 | | contract with the Department pursuant to the Children and |
2 | | Family Services Act shall be reported as missing to the local |
3 | | law enforcement agency within whose jurisdiction the facility |
4 | | is located, if: |
5 | | (1) there is no contact between an employee of the |
6 | | residential facility and the child or person within a |
7 | | period of 12 hours; and |
8 | | (2) the child or person is absent from the residential |
9 | | facility without prior approval. |
10 | | The operator of the residential facility shall inform the |
11 | | child's or person's caseworker that the child or person has |
12 | | been reported as missing to the appropriate local law |
13 | | enforcement agency. The operator of the residential facility |
14 | | shall also report the child or person as missing to the |
15 | | National Center for Missing and Exploited Children and shall |
16 | | make a subsequent telephone notification to the sheriff of the |
17 | | county in which the residential facility is located. |
18 | | The operator of the residential facility making the missing |
19 | | person persons report to the local law enforcement agency |
20 | | within whose jurisdiction the facility is located shall report |
21 | | that the missing person is a youth in care as defined in |
22 | | Section 4d of the Children and Family Services Act ward of the |
23 | | Department and shall inform the law enforcement agency taking |
24 | | the report to include the following statement within the |
25 | | missing persons report, in the field of the Law Enforcement |
26 | | Agencies Data System (LEADS) known as "Miscellaneous": |
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1 | | "This individual is a youth in the care ward of the |
2 | | Illinois Department of Children and Family Services (DCFS) |
3 | | and, regardless of age, shall be released only to the |
4 | | custody of DCFS. Contact the 24-hour hotline: |
5 | | 866.503.0184."
|
6 | | (Source: P.A. 99-351, eff. 1-1-16 .) |
7 | | Section 75. The Mental Health and Developmental |
8 | | Disabilities Code is amended by changing Section 3-503 as |
9 | | follows:
|
10 | | (405 ILCS 5/3-503) (from Ch. 91 1/2, par. 3-503)
|
11 | | Sec. 3-503. Admission on application of parent or guardian.
|
12 | | (a) Any minor may be admitted to a mental health
facility |
13 | | for inpatient treatment upon application to the facility
|
14 | | director, if the facility director finds that the minor
has a |
15 | | mental illness or emotional disturbance of such severity that
|
16 | | hospitalization is necessary and that the minor is likely to |
17 | | benefit
from inpatient treatment. Except in cases of admission |
18 | | under
Section 3-504, prior to admission, a psychiatrist, |
19 | | clinical social worker, clinical professional counselor, or
|
20 | | clinical psychologist who has personally examined the minor |
21 | | shall state in
writing that the minor meets the standard for |
22 | | admission. The statement shall
set forth in detail the reasons |
23 | | for that conclusion and shall indicate what
alternatives to |
24 | | hospitalization have been explored.
|
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1 | | (b) The application may be executed by a parent or guardian |
2 | | or, in
the absence of a parent or guardian, by a person in loco |
3 | | parentis.
Application may be made for a minor who is a youth in |
4 | | care as defined in Section 4d of the Children and Family |
5 | | Services Act ward of the State by the
Department of Children |
6 | | and Family Services or by the Department of
Corrections.
|
7 | | (Source: P.A. 95-804, eff. 8-12-08.)
|
8 | | Section 80. The Juvenile Court Act of 1987 is amended by |
9 | | changing Sections 2-10, 3-12, 3-21, 3-24, 4-9, 4-18, 4-21, |
10 | | 5-615, and 5-715 as follows:
|
11 | | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
|
12 | | Sec. 2-10. Temporary custody hearing. At the appearance of |
13 | | the
minor before the court at the temporary custody hearing, |
14 | | all
witnesses present shall be examined before the court in |
15 | | relation to any
matter connected with the allegations made in |
16 | | the petition.
|
17 | | (1) If the court finds that there is not probable cause to |
18 | | believe
that the minor is abused, neglected or dependent it |
19 | | shall release
the minor and dismiss the petition.
|
20 | | (2) If the court finds that there is probable cause to |
21 | | believe that
the minor is abused, neglected or dependent, the |
22 | | court shall state in writing
the factual basis supporting its |
23 | | finding and the minor, his or her parent,
guardian, custodian |
24 | | and other persons able to give relevant testimony
shall be |
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1 | | examined before the court. The Department of Children and
|
2 | | Family Services shall give testimony concerning indicated |
3 | | reports of abuse
and neglect, of which they are aware of |
4 | | through the central registry,
involving the minor's parent, |
5 | | guardian or custodian. After such
testimony, the court may, |
6 | | consistent with
the health,
safety and best interests of the |
7 | | minor,
enter an order that the minor shall be released
upon the |
8 | | request of parent, guardian or custodian if the parent, |
9 | | guardian
or custodian appears to take custody. If it is |
10 | | determined that a parent's, guardian's, or custodian's |
11 | | compliance with critical services mitigates the necessity for |
12 | | removal of the minor from his or her home, the court may enter |
13 | | an Order of Protection setting forth reasonable conditions of |
14 | | behavior that a parent, guardian, or custodian must observe for |
15 | | a specified period of time, not to exceed 12 months, without a |
16 | | violation; provided, however, that the 12-month period shall |
17 | | begin anew after any violation. "Custodian" includes the |
18 | | Department of Children and Family Services, if it has been |
19 | | given custody of the child, or any other agency of the State |
20 | | which has been given custody or wardship of the child. |
21 | | Custodian shall include any agency of
the State which has been |
22 | | given custody or wardship of the child. If it is
consistent |
23 | | with the health, safety and best interests of the
minor, the
|
24 | | court may also prescribe shelter care and
order that the minor |
25 | | be kept in a suitable place designated by the court or in
a |
26 | | shelter care facility designated by the Department of Children |
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1 | | and Family
Services or a licensed child welfare
agency; |
2 | | however, on and after January 1, 2015 (the effective date of |
3 | | Public Act 98-803) and before January 1, 2017, a minor charged |
4 | | with a
criminal offense under the Criminal Code of 1961 or the |
5 | | Criminal Code of 2012 or adjudicated delinquent
shall not be |
6 | | placed in the custody of or committed to the Department of
|
7 | | Children and Family Services by any court, except a minor less |
8 | | than 16
years of age and committed to the Department of |
9 | | Children and Family Services
under Section 5-710 of this Act or |
10 | | a minor for whom an independent
basis of
abuse, neglect, or |
11 | | dependency exists; and on and after January 1, 2017, a minor |
12 | | charged with a
criminal offense under the Criminal Code of 1961 |
13 | | or the Criminal Code of 2012 or adjudicated delinquent
shall |
14 | | not be placed in the custody of or committed to the Department |
15 | | of
Children and Family Services by any court, except a minor |
16 | | less than 15 years of age and committed to the Department of |
17 | | Children and Family Services
under Section 5-710 of this Act or |
18 | | a minor for whom an independent
basis of
abuse, neglect, or |
19 | | dependency exists.
An independent basis exists when the |
20 | | allegations or adjudication of abuse, neglect, or dependency do |
21 | | not arise from the same facts, incident, or circumstances which |
22 | | give rise to a charge or adjudication of delinquency.
|
23 | | In placing the minor, the Department or other
agency shall, |
24 | | to the extent
compatible with the court's order, comply with |
25 | | Section 7 of the Children and
Family Services Act.
In |
26 | | determining
the health, safety and best interests of the minor |
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1 | | to prescribe shelter
care, the court must
find that it is a |
2 | | matter of immediate and urgent necessity for the safety
and |
3 | | protection
of the minor or of the person or property of another |
4 | | that the minor be placed
in a shelter care facility or that he |
5 | | or she is likely to flee the jurisdiction
of the court, and |
6 | | must further find that reasonable efforts have been made or
|
7 | | that, consistent with the health, safety and best interests of
|
8 | | the minor, no efforts reasonably can be made to
prevent or |
9 | | eliminate the necessity of removal of the minor from his or her
|
10 | | home. The court shall require documentation from the Department |
11 | | of Children and
Family Services as to the reasonable efforts |
12 | | that were made to prevent or
eliminate the necessity of removal |
13 | | of the minor from his or her home or the
reasons why no efforts |
14 | | reasonably could be made to prevent or eliminate the
necessity |
15 | | of removal. When a minor is placed in the home of a relative, |
16 | | the
Department of Children and Family Services shall complete a |
17 | | preliminary
background review of the members of the minor's |
18 | | custodian's household in
accordance with Section 4.3 of the |
19 | | Child Care Act of 1969 within 90 days of
that placement. If the |
20 | | minor is ordered placed in a shelter care facility of
the |
21 | | Department of Children and
Family Services or a licensed child |
22 | | welfare agency, the court shall, upon
request of the |
23 | | appropriate Department or other agency, appoint the
Department |
24 | | of Children and Family Services Guardianship Administrator or
|
25 | | other appropriate agency executive temporary custodian of the |
26 | | minor and the
court may enter such other orders related to the |
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1 | | temporary custody as it
deems fit and proper, including the |
2 | | provision of services to the minor or
his family to ameliorate |
3 | | the causes contributing to the finding of probable
cause or to |
4 | | the finding of the existence of immediate and urgent necessity. |
5 | | Where the Department of Children and Family Services |
6 | | Guardianship Administrator is appointed as the executive |
7 | | temporary custodian, the Department of Children and Family |
8 | | Services shall file with the court and serve on the parties a |
9 | | parent-child visiting plan, within 10 days, excluding weekends |
10 | | and holidays, after the appointment. The parent-child visiting |
11 | | plan shall set out the time and place of visits, the frequency |
12 | | of visits, the length of visits, who shall be present at the |
13 | | visits, and where appropriate, the minor's opportunities to |
14 | | have telephone and mail communication with the parents. |
15 | | Where the Department of Children and Family Services |
16 | | Guardianship Administrator is
appointed as the executive |
17 | | temporary custodian, and when the child has siblings in care,
|
18 | | the Department of Children and Family Services shall file with |
19 | | the court and serve on the
parties a sibling placement and |
20 | | contact plan within 10 days, excluding weekends and
holidays, |
21 | | after the appointment. The sibling placement and contact plan |
22 | | shall set forth
whether the siblings are placed together, and |
23 | | if they are not placed together, what, if any,
efforts are |
24 | | being made to place them together. If the Department has |
25 | | determined that it is
not in a child's best interest to be |
26 | | placed with a sibling, the Department shall document in
the |
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1 | | sibling placement and contact plan the basis for its |
2 | | determination. For siblings placed
separately, the sibling |
3 | | placement and contact plan shall set the time and place for |
4 | | visits,
the frequency of the visits, the length of visits, who |
5 | | shall be present for the visits, and
where appropriate, the |
6 | | child's opportunities to have contact with their siblings in |
7 | | addition to
in person contact. If the Department determines it |
8 | | is not in the best interest of a sibling to
have contact with a |
9 | | sibling, the Department shall document in the sibling placement |
10 | | and
contact plan the basis for its determination. The sibling |
11 | | placement and contact plan shall
specify a date for development |
12 | | of the Sibling Contact Support Plan, under subsection (f) of |
13 | | Section 7.4 of the Children and Family Services Act, and shall |
14 | | remain in effect until the Sibling Contact Support Plan is |
15 | | developed. |
16 | | For good cause, the court may waive the requirement to file |
17 | | the parent-child visiting plan or the sibling placement and |
18 | | contact plan, or extend the time for filing either plan. Any |
19 | | party may, by motion, request the court to review the |
20 | | parent-child visiting plan to determine whether it is |
21 | | reasonably calculated to expeditiously facilitate the |
22 | | achievement of the permanency goal. A party may, by motion, |
23 | | request the court to review the parent-child visiting plan or |
24 | | the sibling placement and contact plan to determine whether it |
25 | | is consistent with the minor's best interest. The court may |
26 | | refer the parties to mediation where available. The frequency, |
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1 | | duration, and locations of visitation shall be measured by the |
2 | | needs of the child and family, and not by the convenience of |
3 | | Department personnel. Child development principles shall be |
4 | | considered by the court in its analysis of how frequent |
5 | | visitation should be, how long it should last, where it should |
6 | | take place, and who should be present. If upon motion of the |
7 | | party to review either plan and after receiving evidence, the |
8 | | court determines that the parent-child visiting plan is not |
9 | | reasonably calculated to expeditiously facilitate the |
10 | | achievement of the permanency goal or that the restrictions |
11 | | placed on parent-child contact or sibling placement or contact |
12 | | are contrary to the child's best interests, the court shall put |
13 | | in writing the factual basis supporting the determination and |
14 | | enter specific findings based on the evidence. The court shall |
15 | | enter an order for the Department to implement changes to the |
16 | | parent-child visiting plan or sibling placement or contact |
17 | | plan, consistent with the court's findings. At any stage of |
18 | | proceeding, any party may by motion request the court to enter |
19 | | any orders necessary to implement the parent-child visiting |
20 | | plan, sibling placement or contact plan or subsequently |
21 | | developed Sibling Contact Support Plan. Nothing under this |
22 | | subsection (2) shall restrict the court from granting |
23 | | discretionary authority to the Department to increase |
24 | | opportunities for additional parent-child contacts or sibling |
25 | | contacts, without further court orders. Nothing in this |
26 | | subsection (2) shall restrict the Department from immediately |
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1 | | restricting or terminating parent-child contact or sibling |
2 | | contacts, without either amending the parent-child visiting |
3 | | plan or the sibling contact plan or obtaining a court order, |
4 | | where the Department or its assigns reasonably believe that |
5 | | continuation of the contact, as set out in the plan, would be |
6 | | contrary to the child's health, safety, and welfare. The |
7 | | Department shall file with the court and serve on the parties |
8 | | any amendments to the plan within 10 days, excluding weekends |
9 | | and holidays, of the change of the visitation. |
10 | | Acceptance of services shall not be considered an admission |
11 | | of any
allegation in a petition made pursuant to this Act, nor |
12 | | may a referral of
services be considered as evidence in any |
13 | | proceeding pursuant to this Act,
except where the issue is |
14 | | whether the Department has made reasonable
efforts to reunite |
15 | | the family. In making its findings that it is
consistent with |
16 | | the health, safety and best
interests of the minor to prescribe |
17 | | shelter care, the court shall state in
writing (i) the factual |
18 | | basis supporting its findings concerning the
immediate and |
19 | | urgent necessity for the protection of the minor or of the |
20 | | person
or property of another and (ii) the factual basis |
21 | | supporting its findings that
reasonable efforts were made to |
22 | | prevent or eliminate the removal of the minor
from his or her |
23 | | home or that no efforts reasonably could be made to prevent or
|
24 | | eliminate the removal of the minor from his or her home. The
|
25 | | parents, guardian, custodian, temporary custodian and minor |
26 | | shall each be
furnished a copy of such written findings. The |
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1 | | temporary custodian shall
maintain a copy of the court order |
2 | | and written findings in the case record
for the child. The |
3 | | order together with the court's findings of fact in
support |
4 | | thereof shall be entered of record in the court.
|
5 | | Once the court finds that it is a matter of immediate and |
6 | | urgent necessity
for the protection of the minor that the minor |
7 | | be placed in a shelter care
facility, the minor shall not be |
8 | | returned to the parent, custodian or guardian
until the court |
9 | | finds that such placement is no longer necessary for the
|
10 | | protection of the minor.
|
11 | | If the child is placed in the temporary custody of the |
12 | | Department of
Children
and Family
Services for his or her |
13 | | protection, the court shall admonish the parents,
guardian,
|
14 | | custodian or responsible relative that the parents must |
15 | | cooperate with the
Department of Children and Family Services, |
16 | | comply
with the terms of the service plans, and correct the |
17 | | conditions which require
the child to be in care, or risk |
18 | | termination of their parental
rights. The court shall ensure, |
19 | | by inquiring in open court of each parent, guardian, custodian |
20 | | or responsible relative, that the parent, guardian, custodian |
21 | | or responsible relative has had the opportunity to provide the |
22 | | Department with all known names, addresses, and telephone |
23 | | numbers of each of the minor's living maternal and paternal |
24 | | adult relatives, including, but not limited to, grandparents, |
25 | | aunts, uncles, and siblings. The court shall advise the |
26 | | parents, guardian, custodian or responsible relative to inform |
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1 | | the Department if additional information regarding the minor's |
2 | | adult relatives becomes available.
|
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
|
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
|
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
|
2 | | substantially as follows:
|
3 | | NOTICE TO PARENTS AND CHILDREN
|
4 | | OF SHELTER CARE HEARING
|
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:
|
10 | | ..............................................
and (2) |
11 | | whether there is "immediate and urgent necessity" to remove |
12 | | the child
or children from the responsible relative.
|
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.
|
19 | | At the shelter care hearing, parents have the following |
20 | | rights:
|
21 | | 1. To ask the court to appoint a lawyer if they |
22 | | cannot afford one.
|
23 | | 2. To ask the court to continue the hearing to |
24 | | allow them time to
prepare.
|
25 | | 3. To present evidence concerning:
|
26 | | a. Whether or not the child or children were |
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1 | | abused, neglected
or dependent.
|
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,
|
5 | | conditions in the home, alternative means of |
6 | | protecting the child other
than removal).
|
7 | | c. The best interests of the child.
|
8 | | 4. To cross examine the State's witnesses.
|
9 | | The Notice for rehearings shall be substantially as |
10 | | follows:
|
11 | | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
|
12 | | TO REHEARING ON TEMPORARY CUSTODY
|
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
|
20 | | (address): ........................, in person or by |
21 | | mailing a statement
(affidavit) setting forth the |
22 | | following:
|
23 | | 1. That you were not present at the shelter care |
24 | | hearing.
|
25 | | 2. That you did not get adequate notice (explaining |
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1 | | how the notice
was inadequate).
|
2 | | 3. Your signature.
|
3 | | 4. Signature must be notarized.
|
4 | | The rehearing should be scheduled within 48 hours of |
5 | | your filing this
affidavit.
|
6 | | At the rehearing, your rights are the same as at the |
7 | | initial shelter care
hearing. The enclosed notice explains |
8 | | those rights.
|
9 | | At the Shelter Care Hearing, children have the |
10 | | following rights:
|
11 | | 1. To have a guardian ad litem appointed.
|
12 | | 2. To be declared competent as a witness and to |
13 | | present testimony
concerning:
|
14 | | a. Whether they are abused, neglected or |
15 | | dependent.
|
16 | | b. Whether there is "immediate and urgent |
17 | | necessity" to be
removed from home.
|
18 | | c. Their best interests.
|
19 | | 3. To cross examine witnesses for other parties.
|
20 | | 4. To obtain an explanation of any proceedings and |
21 | | orders of the
court.
|
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,
|
2 | | after the filing of the affidavit. At the rehearing, the court |
3 | | shall
proceed in the same manner as upon the original hearing.
|
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).
|
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 18 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.
|
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.
|
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.
|
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.
|
26 | | (11) The changes made to this Section by Public Act 98-61 |
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1 | | apply to a minor who has been
arrested or taken into custody on |
2 | | or after January 1, 2014 (the effective date
of Public Act |
3 | | 98-61). |
4 | | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 98-803, |
5 | | eff. 1-1-15; 99-625, eff. 1-1-17; 99-642, eff. 7-28-16 .)
|
6 | | (705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
|
7 | | Sec. 3-12. Shelter care hearing. At the appearance of the
|
8 | | minor before the court at the shelter care hearing, all
|
9 | | witnesses present shall be examined before the court in |
10 | | relation to any
matter connected with the allegations made in |
11 | | the petition.
|
12 | | (1) If the court finds that there is not probable cause to |
13 | | believe
that the minor is a person requiring authoritative |
14 | | intervention, it shall
release the minor and dismiss the |
15 | | petition.
|
16 | | (2) If the court finds that there is probable cause to |
17 | | believe that the
minor is a person requiring authoritative |
18 | | intervention, the minor, his or
her parent, guardian, custodian |
19 | | and other persons able to give relevant
testimony shall be |
20 | | examined before the court. After such testimony, the
court may |
21 | | enter an order that the minor shall be released upon the |
22 | | request
of a parent, guardian or custodian if the parent, |
23 | | guardian or custodian
appears to take custody. "Custodian" |
24 | | includes the Department of Children and Family Services, if it |
25 | | has been given custody of the child, or any other agency of the |
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1 | | State which has been given custody or wardship of the child. |
2 | | Custodian shall include any agency of the State
which has been |
3 | | given custody or wardship of the child. The Court shall require
|
4 | | documentation by representatives of the Department of Children |
5 | | and Family
Services or the probation department as to the |
6 | | reasonable efforts that were
made to prevent or eliminate the |
7 | | necessity of removal of the minor from his
or her home, and |
8 | | shall consider the testimony of any person as to those
|
9 | | reasonable efforts. If the court finds that it is a
matter of |
10 | | immediate and urgent necessity for the protection of the minor
|
11 | | or of the person or property of another that the minor be
|
12 | | placed in a shelter care facility, or that he or she is likely |
13 | | to flee the
jurisdiction of the court, and further finds that |
14 | | reasonable efforts have
been made or good cause has been shown |
15 | | why reasonable efforts cannot
prevent or eliminate the |
16 | | necessity of removal of the minor from his or her
home, the |
17 | | court may prescribe shelter care and order that the minor be |
18 | | kept
in a suitable place designated by the court or in a |
19 | | shelter care facility
designated by the Department of Children |
20 | | and Family Services or a licensed
child welfare agency; |
21 | | otherwise it shall release the minor from custody.
If the court |
22 | | prescribes shelter care, then in placing the minor, the
|
23 | | Department or other agency shall, to the extent
compatible with |
24 | | the court's order, comply with Section 7 of the Children and
|
25 | | Family Services Act. If
the minor is ordered placed in a |
26 | | shelter care facility of the Department of
Children and Family |
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1 | | Services or a licensed child welfare agency, the court
shall, |
2 | | upon request of the Department or other agency, appoint the
|
3 | | Department of Children and Family Services Guardianship |
4 | | Administrator or
other appropriate agency executive temporary |
5 | | custodian of the minor and the
court may enter such other |
6 | | orders related to the temporary custody as it
deems fit and |
7 | | proper, including the provision of services to the minor or
his |
8 | | family to ameliorate the causes contributing to the finding of |
9 | | probable
cause or to the finding of the existence of immediate |
10 | | and urgent necessity.
Acceptance of services shall not be |
11 | | considered an admission of any
allegation in a petition made |
12 | | pursuant to this Act, nor may a referral of
services be |
13 | | considered as evidence in any proceeding pursuant to this Act,
|
14 | | except where the issue is whether the Department has made |
15 | | reasonable
efforts to reunite the family. In making its |
16 | | findings that reasonable
efforts have been made or that good |
17 | | cause has been shown why reasonable
efforts cannot prevent or |
18 | | eliminate the necessity of removal of the minor
from his or her |
19 | | home, the court shall state in writing its findings
concerning |
20 | | the nature of the services that were offered or the efforts |
21 | | that
were made to prevent removal of the child and the apparent |
22 | | reasons that such
services or efforts could not prevent the |
23 | | need for removal. The parents,
guardian, custodian, temporary |
24 | | custodian and minor shall each be furnished
a copy of such |
25 | | written findings. The temporary custodian shall maintain a
copy |
26 | | of the court order and written findings in the case record for |
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1 | | the
child.
|
2 | | The order together with the court's findings of fact and |
3 | | support thereof
shall be entered of record in the court.
|
4 | | Once the court finds that it is a matter of immediate and |
5 | | urgent necessity
for the protection of the minor that the minor |
6 | | be placed in a shelter care
facility, the minor shall not be |
7 | | returned to the parent, custodian or guardian
until the court |
8 | | finds that such placement is no longer necessary for the
|
9 | | protection of the minor.
|
10 | | (3) If prior to the shelter care hearing for a minor |
11 | | described in
Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is |
12 | | unable to serve notice on the
party respondent, the shelter |
13 | | care hearing may proceed ex parte. A shelter
care order from an |
14 | | ex parte hearing shall be endorsed with the date and
hour of |
15 | | issuance and shall be filed with the clerk's office and entered |
16 | | of
record. The order shall expire after 10 days from the time |
17 | | it is issued
unless before its expiration it is renewed, at a |
18 | | hearing upon appearance
of the party respondent, or upon an |
19 | | affidavit of the moving party as to all
diligent efforts to |
20 | | notify the party respondent by notice as herein
prescribed. The |
21 | | notice prescribed shall be in writing and shall be
personally |
22 | | delivered to the minor or the minor's attorney and to the last
|
23 | | known address of the other person or persons entitled to |
24 | | notice. The
notice shall also state the nature of the |
25 | | allegations, the nature of the
order sought by the State, |
26 | | including whether temporary custody is sought,
and the |
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1 | | consequences of failure to appear; and shall explain the right |
2 | | of
the parties and the procedures to vacate or modify a shelter |
3 | | care order as
provided in this Section. The notice for a |
4 | | shelter care hearing shall be
substantially as follows:
|
5 | | NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
|
6 | | On ................ at ........., before the Honorable
|
7 | | ................, (address:) ................., the State of |
8 | | Illinois will
present evidence (1) that (name of child or |
9 | | children)
....................... are abused, neglected or |
10 | | dependent for the following reasons:
|
11 | | .............................................................
|
12 | | and (2) that there is "immediate and urgent necessity" to |
13 | | remove the child
or children from the responsible relative.
|
14 | | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN |
15 | | PLACEMENT of the
child or children in foster care until a trial |
16 | | can be held. A trial may
not be held for up to 90 days.
|
17 | | At the shelter care hearing, parents have the following |
18 | | rights:
|
19 | | 1. To ask the court to appoint a lawyer if they cannot |
20 | | afford one.
|
21 | | 2. To ask the court to continue the hearing to allow |
22 | | them time to prepare.
|
23 | | 3. To present evidence concerning:
|
24 | | a. Whether or not the child or children were |
25 | | abused, neglected or dependent.
|
26 | | b. Whether or not there is "immediate and urgent |
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1 | | necessity" to remove
the child from home (including: |
2 | | their ability to care for the child,
conditions in the |
3 | | home, alternative means of protecting the child
other |
4 | | than removal).
|
5 | | c. The best interests of the child.
|
6 | | 4. To cross examine the State's witnesses.
|
7 | | The Notice for rehearings shall be substantially as |
8 | | follows:
|
9 | | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
|
10 | | TO REHEARING ON TEMPORARY CUSTODY
|
11 | | If you were not present at and did not have adequate notice |
12 | | of the
Shelter Care Hearing at which temporary custody of |
13 | | ............... was
awarded to ................, you have the |
14 | | right to request a full rehearing
on whether the State should |
15 | | have temporary custody of ................. To
request this |
16 | | rehearing, you must file with the Clerk of the Juvenile Court
|
17 | | (address): ........................, in person or by mailing a |
18 | | statement
(affidavit) setting forth the following:
|
19 | | 1. That you were not present at the shelter care |
20 | | hearing.
|
21 | | 2. That you did not get adequate notice (explaining how |
22 | | the notice
was inadequate).
|
23 | | 3. Your signature.
|
24 | | 4. Signature must be notarized.
|
25 | | The rehearing should be scheduled within one day of your |
26 | | filing this
affidavit.
|
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1 | | At the rehearing, your rights are the same as at the |
2 | | initial shelter care
hearing. The enclosed notice explains |
3 | | those rights.
|
4 | | At the Shelter Care Hearing, children have the following |
5 | | rights:
|
6 | | 1. To have a guardian ad litem appointed.
|
7 | | 2. To be declared competent as a witness and to present |
8 | | testimony
concerning:
|
9 | | a. Whether they are abused, neglected or |
10 | | dependent.
|
11 | | b. Whether there is "immediate and urgent |
12 | | necessity" to be
removed from home.
|
13 | | c. Their best interests.
|
14 | | 3. To cross examine witnesses for other parties.
|
15 | | 4. To obtain an explanation of any proceedings and |
16 | | orders of the court.
|
17 | | (4) If the parent, guardian, legal custodian, responsible |
18 | | relative, or
counsel of the minor did not have actual notice of |
19 | | or was not present at
the shelter care hearing, he or she may |
20 | | file an affidavit setting forth
these facts, and the clerk |
21 | | shall set the matter for rehearing not later
than 48 hours, |
22 | | excluding Sundays and legal holidays, after the filing of
the |
23 | | affidavit. At the rehearing, the court shall proceed in the |
24 | | same manner
as upon the original hearing.
|
25 | | (5) Only when there is reasonable cause to believe that the |
26 | | minor taken
into custody is a person described in subsection |
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1 | | (3) of Section 5-105 may the minor
be kept or
detained in a |
2 | | detention home or county or municipal jail. This Section
shall |
3 | | in no way be construed to limit subsection (6).
|
4 | | (6) No minor under 16 years of age may be confined in a |
5 | | jail or place
ordinarily used for the confinement of prisoners |
6 | | in a police station. Minors
under 18 years of age must be kept |
7 | | separate from confined adults and may
not at any time be kept |
8 | | in the same cell, room, or yard with adults confined
pursuant |
9 | | to the criminal law.
|
10 | | (7) If the minor is not brought before a judicial officer |
11 | | within the
time period specified in Section 3-11, the minor |
12 | | must immediately be
released from custody.
|
13 | | (8) If neither the parent, guardian or custodian appears |
14 | | within 24
hours to take custody of a minor released upon |
15 | | request pursuant to
subsection (2) of this Section, then the |
16 | | clerk of the court shall set the
matter for rehearing not later |
17 | | than 7 days after the original order and
shall issue a summons |
18 | | directed to the parent, guardian or custodian to
appear. At the |
19 | | same time the probation department shall prepare a report
on |
20 | | the minor. If a parent, guardian or custodian does not appear |
21 | | at such
rehearing, the judge may enter an order prescribing |
22 | | that the minor be kept
in a suitable place designated by the |
23 | | Department of Children and Family
Services or a licensed child |
24 | | welfare agency.
|
25 | | (9) Notwithstanding any other provision of this Section, |
26 | | any interested
party, including the State, the temporary |
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1 | | custodian, an agency providing
services to the minor or family |
2 | | under a service plan pursuant to Section
8.2 of the Abused and |
3 | | Neglected Child Reporting Act, foster parent, or any
of their |
4 | | representatives, on notice to all parties entitled to notice, |
5 | | may
file a motion to modify or vacate a temporary custody order |
6 | | on any of the
following grounds:
|
7 | | (a) It is no longer a matter of immediate and urgent |
8 | | necessity that the
minor remain in shelter care; or
|
9 | | (b) There is a material change in the circumstances of |
10 | | the natural
family from which the minor was removed; or
|
11 | | (c) A person, including a parent, relative or legal |
12 | | guardian, is
capable of assuming temporary custody of the |
13 | | minor; or
|
14 | | (d) Services provided by the Department of Children and |
15 | | Family Services
or a child welfare agency or other service |
16 | | provider have been successful in
eliminating the need for |
17 | | temporary custody.
|
18 | | The clerk shall set the matter for hearing not later than |
19 | | 14 days after
such motion is filed. In the event that the court |
20 | | modifies or vacates a
temporary custody order but does not |
21 | | vacate its finding of probable cause,
the court may order that |
22 | | appropriate services be continued or initiated in
behalf of the |
23 | | minor and his or her family.
|
24 | | (10) The changes made to this Section by Public Act 98-61 |
25 | | apply to a minor who has been
arrested or taken into custody on |
26 | | or after January 1, 2014 (the effective date
of Public Act |
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1 | | 98-61). |
2 | | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-642, |
3 | | eff. 7-28-16.)
|
4 | | (705 ILCS 405/3-21) (from Ch. 37, par. 803-21)
|
5 | | Sec. 3-21. Continuance under supervision.
|
6 | | (1) The court may enter an
order of continuance under |
7 | | supervision (a) upon an admission or stipulation
by the |
8 | | appropriate respondent or minor respondent of the facts |
9 | | supporting
the petition and before proceeding to findings and |
10 | | adjudication, or after
hearing the evidence at the adjudicatory |
11 | | hearing but before noting in the
minutes of proceedings a |
12 | | finding of whether or not the minor is a person
requiring |
13 | | authoritative intervention; and (b) in the absence of objection
|
14 | | made in open court by the minor, his parent, guardian, |
15 | | custodian,
responsible relative, defense attorney or the |
16 | | State's Attorney.
|
17 | | (2) If the minor, his parent, guardian, custodian, |
18 | | responsible
relative, defense attorney or State's Attorney, |
19 | | objects in open court to
any such continuance and insists upon |
20 | | proceeding to findings and
adjudication, the court shall so |
21 | | proceed.
|
22 | | (3) Nothing in this Section limits the power of the court |
23 | | to order a
continuance of the hearing for the production of |
24 | | additional evidence or
for any other proper reason.
|
25 | | (4) When a hearing where a minor is alleged to be a minor |
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1 | | requiring
authoritative intervention is continued pursuant to |
2 | | this Section, the court
may permit the minor to remain in his |
3 | | home subject to such conditions
concerning his conduct and |
4 | | supervision as the court may require by order.
|
5 | | (5) If a petition is filed charging a violation of a |
6 | | condition of the
continuance under supervision, the court shall |
7 | | conduct a hearing. If the court
finds that such condition of |
8 | | supervision has not been fulfilled the court may
proceed to |
9 | | findings and adjudication and disposition. The filing of a
|
10 | | petition for violation of a condition of the continuance under |
11 | | supervision
shall toll the period of continuance under |
12 | | supervision until the final
determination of the charge, and |
13 | | the term of the continuance under
supervision shall not run |
14 | | until the hearing and disposition of the petition for
|
15 | | violation; provided where the petition alleges conduct that |
16 | | does not constitute
a criminal offense, the hearing must be |
17 | | held within 15 days of the filing
of the petition unless a |
18 | | delay in such hearing has been occasioned by the
minor, in |
19 | | which case the delay shall continue the tolling of the period
|
20 | | of continuance under supervision for the period of such delay.
|
21 | | (6) The court must impose upon a minor under an order of |
22 | | continuance
under
supervision or an order of disposition under |
23 | | this Article III, as a condition
of the order, a fee of $25 for |
24 | | each month or partial month of supervision with
a probation |
25 | | officer. If the court determines the inability of the minor, or
|
26 | | the parent, guardian, or legal custodian of the minor to pay |
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1 | | the fee, the
court may impose a lesser fee. The court may not |
2 | | impose the fee on a minor who
is placed in the guardianship or |
3 | | custody of the Department of Children and Family Services made |
4 | | a ward of the State under this Act. The fee may be imposed only |
5 | | upon
a minor who is actively supervised by the probation and |
6 | | court services
department. The fee must be collected by the |
7 | | clerk of the circuit court. The
clerk of the circuit court must |
8 | | pay all monies collected from this fee to the
county treasurer |
9 | | for deposit into the probation and court services fund under
|
10 | | Section 15.1 of the Probation and Probation Officers Act.
|
11 | | (Source: P.A. 92-329, eff. 8-9-01.)
|
12 | | (705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
|
13 | | Sec. 3-24. Kinds of dispositional orders.
|
14 | | (1) The following kinds of orders of disposition may be |
15 | | made in respect to
wards of the court: A minor found to be |
16 | | requiring authoritative intervention
under Section 3-3 may be |
17 | | (a) committed to the Department of Children and Family
|
18 | | Services, subject to Section 5 of the Children and Family |
19 | | Services Act; (b)
placed under supervision and released to his |
20 | | or her parents, guardian or legal
custodian; (c) placed in |
21 | | accordance with Section 3-28 with or without also
being placed |
22 | | under supervision. Conditions of supervision may be modified or
|
23 | | terminated by the court if it deems that the best interests of |
24 | | the minor and
the public will be served thereby; (d) ordered |
25 | | partially or completely
emancipated in accordance with the |
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1 | | provisions of the Emancipation of
Minors Act; or (e) subject to |
2 | | having his or her driver's license or driving
privilege |
3 | | suspended for such time as determined by the Court but only |
4 | | until he
or she attains 18 years of age.
|
5 | | (2) Any order of disposition may provide for protective |
6 | | supervision
under Section 3-25 and may include an order of |
7 | | protection under Section 3-26.
|
8 | | (3) Unless the order of disposition expressly so provides, |
9 | | it does
not operate to close proceedings on the pending |
10 | | petition, but is subject
to modification until final closing |
11 | | and discharge of the proceedings
under Section 3-32.
|
12 | | (4) In addition to any other order of disposition, the |
13 | | court may order
any person found to be a minor requiring |
14 | | authoritative intervention under
Section 3-3 to make |
15 | | restitution, in monetary or non-monetary form, under
the terms |
16 | | and conditions of Section 5-5-6 of the Unified Code of
|
17 | | Corrections, except that the "presentence hearing" referred to |
18 | | therein
shall be the dispositional hearing for purposes of this |
19 | | Section. The
parent, guardian or legal custodian of the minor |
20 | | may pay some or all of
such restitution on the minor's behalf.
|
21 | | (5) Any order for disposition where the minor is committed |
22 | | or placed in
accordance with Section 3-28 shall provide for the |
23 | | parents or guardian of
the estate of such minor to pay to the |
24 | | legal custodian or guardian of the
person of the minor such |
25 | | sums as are determined by the custodian or guardian
of the |
26 | | person of the minor as necessary for the minor's needs. Such |
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1 | | payments
may not exceed the maximum amounts provided for by |
2 | | Section 9.1 of the
Children and Family Services Act.
|
3 | | (6) Whenever the order of disposition requires the minor to |
4 | | attend
school or participate in a program of training, the |
5 | | truant officer or
designated school official shall regularly |
6 | | report to the court if the minor
is a chronic or habitual |
7 | | truant under Section 26-2a of the School Code.
|
8 | | (7) The court must impose upon a minor under an order of |
9 | | continuance
under supervision or an order of disposition under |
10 | | this Article III, as a
condition of the order, a fee of $25 for |
11 | | each month or partial month of
supervision with a probation |
12 | | officer. If the court determines the inability of
the minor, or |
13 | | the parent, guardian, or legal custodian of the minor to pay |
14 | | the
fee, the court may impose a lesser fee. The court may not |
15 | | impose the fee on a
minor who is placed in the guardianship or |
16 | | custody of the Department of Children and Family Services made |
17 | | a ward of the State under this Act. The fee may be imposed
only |
18 | | upon a minor who is actively supervised by the probation and |
19 | | court
services department. The fee must be collected by the |
20 | | clerk of the circuit
court. The clerk of the circuit court must |
21 | | pay all monies collected from this
fee to the county treasurer |
22 | | for deposit into the probation and court services
fund under |
23 | | Section 15.1 of the Probation and Probation Officers Act.
|
24 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
25 | | (705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
|
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1 | | Sec. 4-9. Shelter care hearing. At the appearance of the
|
2 | | minor before the court at the shelter care hearing, all
|
3 | | witnesses present shall be examined before the court in |
4 | | relation to any
matter connected with the allegations made in |
5 | | the petition.
|
6 | | (1) If the court finds that there is not probable cause to |
7 | | believe that
the minor is addicted, it shall release the minor |
8 | | and dismiss the petition.
|
9 | | (2) If the court finds that there is probable cause to |
10 | | believe that the
minor is addicted, the minor, his or
her |
11 | | parent, guardian, custodian and other persons able to give |
12 | | relevant
testimony shall be examined before the court. After |
13 | | such testimony, the
court may enter an order that the minor |
14 | | shall be released
upon the request of a parent, guardian or |
15 | | custodian if the parent, guardian
or custodian appears to take |
16 | | custody
and agrees to abide by a court order
which requires the |
17 | | minor and his or her parent, guardian, or legal custodian
to
|
18 | | complete an evaluation by an entity licensed by the Department |
19 | | of Human
Services, as the successor to
the Department of |
20 | | Alcoholism and Substance Abuse, and complete
any treatment |
21 | | recommendations indicated by the assessment. "Custodian" |
22 | | includes the Department of Children and Family Services, if it |
23 | | has been given custody of the child, or any other agency of the |
24 | | State which has been given custody or wardship of the child. |
25 | | Custodian shall
include any agency
of the State which has been |
26 | | given custody or wardship of the child.
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1 | | The Court shall require
documentation by representatives |
2 | | of the Department of Children and Family
Services or the |
3 | | probation department as to the reasonable efforts that were
|
4 | | made to prevent or eliminate the necessity of removal of the |
5 | | minor from his
or her home, and shall consider the testimony of |
6 | | any person as to those
reasonable efforts. If the court finds |
7 | | that it is a
matter of immediate and urgent necessity for the |
8 | | protection of the minor
or of the person or property of another |
9 | | that the minor be or
placed in a shelter care facility or that |
10 | | he or she is likely to flee the
jurisdiction of the court, and |
11 | | further, finds that reasonable efforts
have been made or good |
12 | | cause has been shown why reasonable efforts cannot
prevent or |
13 | | eliminate the necessity of removal of the minor from his or her
|
14 | | home, the court may prescribe shelter care
and order that the |
15 | | minor be kept in a suitable place designated by the
court or in |
16 | | a shelter care facility designated by the Department of
|
17 | | Children and Family Services or a licensed child welfare |
18 | | agency, or
in a facility or program licensed by the Department |
19 | | of Human
Services for shelter and treatment services;
otherwise |
20 | | it shall release the minor from custody. If the court |
21 | | prescribes
shelter care, then in placing the minor, the |
22 | | Department or other agency shall,
to the extent compatible with |
23 | | the court's order, comply with Section 7 of the
Children and |
24 | | Family Services Act. If the minor is ordered placed in a |
25 | | shelter
care facility of the Department of Children and Family |
26 | | Services or a licensed
child welfare agency, or in
a facility |
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1 | | or program licensed by the Department of Human
Services for
|
2 | | shelter and treatment
services, the court shall, upon request |
3 | | of the appropriate
Department or other agency, appoint the |
4 | | Department of Children and Family
Services Guardianship |
5 | | Administrator or other appropriate agency executive
temporary |
6 | | custodian of the minor and the court may enter such other |
7 | | orders
related to the temporary custody as it deems fit and |
8 | | proper, including
the provision of services to the minor or his |
9 | | family to ameliorate the
causes contributing to the finding of |
10 | | probable cause or to the finding of
the existence of immediate |
11 | | and urgent necessity. Acceptance of services
shall not be |
12 | | considered an admission of any allegation in a petition made
|
13 | | pursuant to this Act, nor may a referral of services be |
14 | | considered as
evidence in any proceeding pursuant to this Act, |
15 | | except where the issue is
whether the Department has made |
16 | | reasonable efforts to reunite the family.
In making its |
17 | | findings that reasonable efforts have been made or that good
|
18 | | cause has been shown why reasonable efforts cannot prevent or |
19 | | eliminate the
necessity of removal of the minor from his or her |
20 | | home, the court shall
state in writing its findings concerning |
21 | | the nature of the services that
were offered or the efforts |
22 | | that were made to prevent removal of the child
and the apparent |
23 | | reasons that such
services or efforts could not prevent the |
24 | | need for removal. The parents,
guardian, custodian, temporary |
25 | | custodian and minor shall each be furnished
a copy of such |
26 | | written findings. The temporary custodian shall maintain a
copy |
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1 | | of the court order and written findings in the case record for |
2 | | the
child. The order together with the court's findings of fact |
3 | | in support
thereof shall be entered of record in the court.
|
4 | | Once the court finds that it is a matter of immediate and |
5 | | urgent necessity
for the protection of the minor that the minor |
6 | | be placed in a shelter care
facility, the minor shall not be |
7 | | returned to the parent, custodian or guardian
until the court |
8 | | finds that such placement is no longer necessary for the
|
9 | | protection of the minor.
|
10 | | (3) If neither the parent, guardian, legal custodian, |
11 | | responsible
relative nor counsel of the minor has had actual |
12 | | notice of or is present
at the shelter care hearing, he or she |
13 | | may file his or her
affidavit setting forth these facts, and |
14 | | the clerk shall set the matter for
rehearing not later than 24 |
15 | | hours, excluding Sundays and legal holidays,
after the filing |
16 | | of the affidavit. At the rehearing, the court shall
proceed in |
17 | | the same manner as upon the original hearing.
|
18 | | (4) If the minor is not brought before a judicial officer |
19 | | within the
time period as specified in Section 4-8, the minor |
20 | | must immediately be
released from custody.
|
21 | | (5) Only when there is reasonable cause to believe that the |
22 | | minor taken
into custody is a person described in subsection |
23 | | (3) of Section 5-105 may the minor be kept or
detained in a |
24 | | detention home or county or municipal jail. This Section
shall |
25 | | in no way be construed to limit subsection (6).
|
26 | | (6) No minor under 16 years of age may be confined in a |
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1 | | jail or place
ordinarily used for the confinement of prisoners |
2 | | in a police station.
Minors under 18 years of age must be kept |
3 | | separate from confined adults and
may not at any time be kept |
4 | | in the same cell, room or yard with adults
confined pursuant to |
5 | | the criminal law.
|
6 | | (7) If neither the parent, guardian or custodian appears |
7 | | within 24
hours to take custody of a minor released upon |
8 | | request pursuant to
subsection (2) of this Section, then the |
9 | | clerk of the court shall set the
matter for rehearing not later |
10 | | than 7 days after the original order and
shall issue a summons |
11 | | directed to the parent, guardian or custodian to
appear. At the |
12 | | same time the probation department shall prepare a report
on |
13 | | the minor. If a parent, guardian or custodian does not appear |
14 | | at such
rehearing, the judge may enter an order prescribing |
15 | | that the minor be kept
in a suitable place designated by the |
16 | | Department of Children and Family
Services or a licensed child |
17 | | welfare agency.
|
18 | | (8) Any interested party, including the State, the |
19 | | temporary
custodian, an agency providing services to the minor |
20 | | or family under a
service plan pursuant to Section 8.2 of the |
21 | | Abused and Neglected Child
Reporting Act, foster parent, or any |
22 | | of their representatives, may file a
motion to modify or vacate |
23 | | a temporary custody order on any of the following
grounds:
|
24 | | (a) It is no longer a matter of immediate and urgent |
25 | | necessity that the
minor remain in shelter care; or
|
26 | | (b) There is a material change in the circumstances of |
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1 | | the natural
family from which the minor was removed; or
|
2 | | (c) A person, including a parent, relative or legal |
3 | | guardian, is capable
of assuming temporary custody of the |
4 | | minor; or
|
5 | | (d) Services provided by the Department of Children and |
6 | | Family Services
or a child welfare agency or other service |
7 | | provider have been successful in
eliminating the need for |
8 | | temporary custody.
|
9 | | The clerk shall set the matter for hearing not later than |
10 | | 14 days after
such motion is filed. In the event that the court |
11 | | modifies or vacates a
temporary custody order but does not |
12 | | vacate its finding of probable cause,
the court may order that |
13 | | appropriate services be continued or initiated in
behalf of the |
14 | | minor and his or her family.
|
15 | | (9) The changes made to this Section by Public Act 98-61 |
16 | | apply to a minor who has been
arrested or taken into custody on |
17 | | or after January 1, 2014 (the effective date
of Public Act |
18 | | 98-61). |
19 | | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; revised |
20 | | 10-6-16.)
|
21 | | (705 ILCS 405/4-18) (from Ch. 37, par. 804-18)
|
22 | | Sec. 4-18. Continuance under supervision.
|
23 | | (1) The court may enter an
order of continuance under |
24 | | supervision (a) upon an admission or stipulation
by the |
25 | | appropriate respondent or minor respondent of the facts |
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1 | | supporting
the petition and before proceeding to findings and |
2 | | adjudication, or after
hearing the evidence at the adjudicatory |
3 | | hearing but before noting in the
minutes of the proceeding a |
4 | | finding of whether or not the minor is an
addict, and (b) in |
5 | | the absence of objection made in open court by the
minor, his |
6 | | parent, guardian, custodian, responsible relative, defense
|
7 | | attorney or the State's Attorney.
|
8 | | (2) If the minor, his parent, guardian, custodian, |
9 | | responsible
relative, defense attorney or State's Attorney, |
10 | | objects in open court to
any such continuance and insists upon |
11 | | proceeding to findings and
adjudication, the court shall so |
12 | | proceed.
|
13 | | (3) Nothing in this Section limits the power of the court |
14 | | to order a
continuance of the hearing for the production of |
15 | | additional evidence or
for any other proper reason.
|
16 | | (4) When a hearing is continued pursuant to this Section, |
17 | | the court
may permit the minor to remain in his home subject to |
18 | | such conditions
concerning his conduct and supervision as the |
19 | | court may require by order.
|
20 | | (5) If a petition is filed charging a violation of a |
21 | | condition of the
continuance under supervision, the court shall |
22 | | conduct a hearing. If the court
finds that such condition of |
23 | | supervision has not been fulfilled the court may
proceed to |
24 | | findings and adjudication and disposition. The filing of a
|
25 | | petition for violation of a condition of the continuance under |
26 | | supervision
shall toll the period of continuance under |
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1 | | supervision until the final
determination of the charge, and |
2 | | the term of the continuance under
supervision shall not run |
3 | | until the hearing and disposition of the petition for
|
4 | | violation; provided where the petition alleges conduct that |
5 | | does not constitute
a criminal offense, the hearing must be |
6 | | held within 15 days of the filing
of the petition unless a |
7 | | delay in such hearing has been occasioned by the
minor, in |
8 | | which case the delay shall continue the tolling of the period
|
9 | | of continuance under supervision for the period of such delay.
|
10 | | (6) The court must impose upon a minor under an order of |
11 | | continuance
under
supervision or an order of disposition under |
12 | | this Article IV, as a condition
of the order, a fee of $25 for |
13 | | each month or partial month of supervision
with
a probation |
14 | | officer. If the court determines the inability of the minor, or
|
15 | | the parent, guardian, or legal custodian of the minor to pay |
16 | | the fee, the
court may impose a lesser fee. The court may not |
17 | | impose the fee on a minor who
is placed in the guardianship or |
18 | | custody of the Department of Children and Family Services made |
19 | | a ward of the State under this Act. The fee may be imposed only |
20 | | upon
a minor who is actively supervised by the probation and |
21 | | court services
department. The fee must be collected by the |
22 | | clerk of the circuit court. The
clerk of the circuit court must |
23 | | pay all monies collected from this fee to the
county treasurer |
24 | | for deposit into the probation and court services fund under
|
25 | | Section 15.1 of the Probation and Probation Officers Act.
|
26 | | (Source: P.A. 92-329, eff. 8-9-01.)
|
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1 | | (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
|
2 | | Sec. 4-21. Kinds of dispositional orders.
|
3 | | (1) A minor found to be
addicted under Section 4-3 may be |
4 | | (a) committed to the Department of
Children and Family |
5 | | Services, subject to Section 5 of the Children and Family
|
6 | | Services Act; (b) placed
under supervision and released to his |
7 | | or her parents, guardian or legal
custodian; (c) placed in |
8 | | accordance with Section 4-25 with or without also
being placed |
9 | | under supervision. Conditions of supervision may be modified
or |
10 | | terminated by the court if it deems that the best interests of |
11 | | the minor and
the public will be served thereby; (d)
required |
12 | | to attend an approved alcohol or drug abuse treatment or |
13 | | counseling
program
on an inpatient or outpatient basis instead
|
14 | | of or in addition to the disposition otherwise provided for in |
15 | | this
paragraph; (e) ordered partially or completely |
16 | | emancipated in accordance
with the provisions of the |
17 | | Emancipation of Minors Act; or (f)
subject to having his or her |
18 | | driver's license or driving privilege
suspended for such time |
19 | | as determined by the Court but only until he or she
attains 18 |
20 | | years of age. No disposition
under this subsection shall |
21 | | provide for the minor's placement in a secure
facility.
|
22 | | (2) Any order of disposition may provide for protective |
23 | | supervision
under Section 4-22 and may include an order of |
24 | | protection under Section 4-23.
|
25 | | (3) Unless the order of disposition expressly so provides, |
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1 | | it does
not operate to close proceedings on the pending |
2 | | petition, but is subject
to modification until final closing |
3 | | and discharge of the proceedings
under Section 4-29.
|
4 | | (4) In addition to any other order of disposition, the |
5 | | court may
order any minor found to be addicted under this |
6 | | Article as neglected with
respect to his or her own injurious |
7 | | behavior, to
make restitution, in monetary or non-monetary |
8 | | form, under the terms and
conditions of Section 5-5-6 of the |
9 | | Unified Code of
Corrections, except that the "presentence |
10 | | hearing" referred to therein
shall be the dispositional hearing |
11 | | for purposes of this Section. The parent,
guardian or legal |
12 | | custodian of the minor may pay some or all of such
restitution |
13 | | on the minor's behalf.
|
14 | | (5) Any order for disposition where the minor is placed in
|
15 | | accordance with Section 4-25 shall provide for the parents or |
16 | | guardian of
the estate of such minor to pay to the legal |
17 | | custodian or guardian of the
person of the minor such sums as |
18 | | are determined by the custodian or guardian
of the person of |
19 | | the minor as necessary for the minor's needs. Such payments
may |
20 | | not exceed the maximum amounts provided for by Section 9.1 of |
21 | | the
Children and Family Services Act.
|
22 | | (6) Whenever the order of disposition requires the minor to |
23 | | attend
school or participate in a program of training, the |
24 | | truant officer or
designated school official shall regularly |
25 | | report to the court if the minor
is a chronic or habitual |
26 | | truant under Section 26-2a of the School Code.
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1 | | (7) The court must impose upon a minor under an order of |
2 | | continuance
under supervision or an order of disposition under |
3 | | this Article IV, as a
condition of the order, a fee of $25 for |
4 | | each month or partial month of
supervision with a
probation |
5 | | officer. If the court determines the inability of the minor, or |
6 | | the
parent, guardian, or legal custodian of the minor to pay |
7 | | the fee, the court
may impose a lesser fee. The court may not |
8 | | impose the fee on a minor who is placed in the guardianship or |
9 | | custody of the Department of Children and Family Services
made |
10 | | a ward of the State under this Act. The fee may be imposed only |
11 | | upon a
minor who is actively supervised by the probation and |
12 | | court services
department. The fee must be collected by the |
13 | | clerk of the circuit court.
The clerk of the circuit court must |
14 | | pay all monies collected from this fee to
the county treasurer |
15 | | for deposit into the probation and court services fund
under
|
16 | | Section 15.1 of the Probation and Probation Officers Act.
|
17 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
18 | | (705 ILCS 405/5-615)
|
19 | | Sec. 5-615. Continuance under supervision.
|
20 | | (1) The court may enter an order of continuance under |
21 | | supervision for an
offense other than first degree murder, a |
22 | | Class X felony or a forcible felony: |
23 | | (a) upon an admission or stipulation by the appropriate |
24 | | respondent or minor
respondent of the facts supporting the
|
25 | | petition and before the court makes a finding of |
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1 | | delinquency, and in the absence of objection made in open |
2 | | court by the
minor, his or her parent, guardian, or legal |
3 | | custodian, the minor's attorney or
the
State's Attorney; or
|
4 | | (b) upon a finding of delinquency and after considering |
5 | | the circumstances of the offense and the history, |
6 | | character, and condition of the minor, if the court is of |
7 | | the opinion that: |
8 | | (i) the minor is not likely to commit further |
9 | | crimes; |
10 | | (ii) the minor and the public would be best served |
11 | | if the minor were not to receive a criminal record; and |
12 | | (iii) in the best interests of justice an order of |
13 | | continuance under supervision is more appropriate than |
14 | | a sentence otherwise permitted under this Act. |
15 | | (2) (Blank).
|
16 | | (3) Nothing in this Section limits the power of the court |
17 | | to order a
continuance of the hearing for the production of |
18 | | additional evidence or for any
other proper reason.
|
19 | | (4) When a hearing where a minor is alleged to be a |
20 | | delinquent is
continued
pursuant to this Section, the period of |
21 | | continuance under supervision may not
exceed 24 months. The |
22 | | court may terminate a continuance under supervision at
any time |
23 | | if warranted by the conduct of the minor and the ends of |
24 | | justice or vacate the finding of delinquency or both.
|
25 | | (5) When a hearing where a minor is alleged to be |
26 | | delinquent is continued
pursuant to this Section, the court |
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1 | | may, as conditions of the continuance under
supervision, |
2 | | require the minor to do any of the following:
|
3 | | (a) not violate any criminal statute of any |
4 | | jurisdiction;
|
5 | | (b) make a report to and appear in person before any |
6 | | person or agency as
directed by the court;
|
7 | | (c) work or pursue a course of study or vocational |
8 | | training;
|
9 | | (d) undergo medical or psychotherapeutic treatment |
10 | | rendered by a therapist
licensed under the provisions of |
11 | | the Medical Practice Act of 1987, the
Clinical Psychologist |
12 | | Licensing Act, or the Clinical Social Work and Social
Work |
13 | | Practice Act, or an entity licensed by the Department of |
14 | | Human Services as
a successor to the Department of |
15 | | Alcoholism and Substance Abuse, for the
provision of drug |
16 | | addiction and alcoholism treatment;
|
17 | | (e) attend or reside in a facility established for the |
18 | | instruction or
residence of persons on probation;
|
19 | | (f) support his or her dependents, if any;
|
20 | | (g) pay costs;
|
21 | | (h) refrain from possessing a firearm or other |
22 | | dangerous weapon, or an
automobile;
|
23 | | (i) permit the probation officer to visit him or her at |
24 | | his or her home or
elsewhere;
|
25 | | (j) reside with his or her parents or in a foster home;
|
26 | | (k) attend school;
|
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1 | | (k-5) with the consent of the superintendent
of the
|
2 | | facility, attend an educational program at a facility other |
3 | | than the school
in which the
offense was committed if he
or |
4 | | she committed a crime of violence as
defined in
Section 2 |
5 | | of the Crime Victims Compensation Act in a school, on the
|
6 | | real
property
comprising a school, or within 1,000 feet of |
7 | | the real property comprising a
school;
|
8 | | (l) attend a non-residential program for youth;
|
9 | | (m) contribute to his or her own support at home or in |
10 | | a foster home;
|
11 | | (n) perform some reasonable public or community |
12 | | service;
|
13 | | (o) make restitution to the victim, in the same manner |
14 | | and under the same
conditions as provided in subsection (4) |
15 | | of Section 5-710, except that the
"sentencing hearing" |
16 | | referred
to in that Section shall be the adjudicatory |
17 | | hearing for purposes of this
Section;
|
18 | | (p) comply with curfew requirements as designated by |
19 | | the court;
|
20 | | (q) refrain from entering into a designated geographic |
21 | | area except upon
terms as the court finds appropriate. The |
22 | | terms may include consideration of
the purpose of the |
23 | | entry, the time of day, other persons accompanying the
|
24 | | minor, and advance approval by a probation officer;
|
25 | | (r) refrain from having any contact, directly or |
26 | | indirectly, with certain
specified persons or particular |
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1 | | types of persons, including but not limited to
members of |
2 | | street gangs and drug users or dealers;
|
3 | | (r-5) undergo a medical or other procedure to have a |
4 | | tattoo symbolizing
allegiance to a street gang removed from |
5 | | his or her body;
|
6 | | (s) refrain from having in his or her body the presence |
7 | | of any illicit
drug
prohibited by the Cannabis Control Act, |
8 | | the Illinois Controlled Substances
Act, or the |
9 | | Methamphetamine Control and Community Protection Act, |
10 | | unless prescribed by a physician, and submit samples of his |
11 | | or her blood
or urine or both for tests to determine the |
12 | | presence of any illicit drug; or
|
13 | | (t) comply with any other conditions as may be ordered |
14 | | by the court.
|
15 | | (6) A minor whose case is continued under supervision under |
16 | | subsection (5)
shall be given a certificate setting forth the |
17 | | conditions imposed by the court.
Those conditions may be |
18 | | reduced, enlarged, or modified by the court on motion
of the |
19 | | probation officer or on its own motion, or that of the State's |
20 | | Attorney,
or, at the request of the minor after notice and |
21 | | hearing.
|
22 | | (7) If a petition is filed charging a violation of a |
23 | | condition of the
continuance under supervision, the court shall |
24 | | conduct a hearing. If the court
finds that a condition of |
25 | | supervision has not been fulfilled, the court may
proceed to |
26 | | findings, adjudication, and disposition or adjudication and |
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1 | | disposition. The filing of a petition
for violation of a |
2 | | condition of the continuance under supervision shall toll
the |
3 | | period of continuance under supervision until the final |
4 | | determination of
the charge, and the term of the continuance |
5 | | under supervision shall not run
until the hearing and |
6 | | disposition of the petition for violation; provided
where the |
7 | | petition alleges conduct that does not constitute a criminal |
8 | | offense,
the hearing must be held within 30 days of the filing |
9 | | of the petition unless a
delay shall continue the tolling of |
10 | | the period of continuance under supervision
for the period of
|
11 | | the delay.
|
12 | | (8) When a hearing in which a minor is alleged to be a |
13 | | delinquent for
reasons that include a violation of Section |
14 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
15 | | 2012
is continued under this Section, the court shall, as a |
16 | | condition of the
continuance under supervision, require the |
17 | | minor to perform community service
for not less than 30 and not |
18 | | more than 120 hours, if community service is
available in the |
19 | | jurisdiction. The community service shall include, but need
not |
20 | | be limited to, the cleanup and repair of the damage that was |
21 | | caused by the
alleged violation or similar damage to property |
22 | | located in the municipality or
county in which the alleged |
23 | | violation occurred. The condition may be in
addition to any |
24 | | other condition.
|
25 | | (8.5) When a hearing in which a minor is alleged to be a |
26 | | delinquent for
reasons
that include a violation of Section 3.02 |
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1 | | or Section 3.03 of the Humane Care for
Animals Act or paragraph |
2 | | (d) of subsection (1)
of Section
21-1 of the Criminal Code of |
3 | | 1961 or paragraph (4) of subsection (a) of Section 21-1 or the |
4 | | Criminal Code of 2012 is continued under this Section, the |
5 | | court
shall, as a
condition of the continuance under |
6 | | supervision, require the minor to undergo
medical or
|
7 | | psychiatric treatment rendered by a psychiatrist or |
8 | | psychological treatment
rendered by a
clinical psychologist. |
9 | | The condition may be in addition to any other
condition.
|
10 | | (9) When a hearing in which a minor is alleged to be a |
11 | | delinquent is
continued under this Section, the court, before |
12 | | continuing the case, shall make
a finding whether the offense |
13 | | alleged to have been committed either: (i) was
related to or in |
14 | | furtherance of the activities of an organized gang or was
|
15 | | motivated by the minor's membership in or allegiance to an |
16 | | organized gang, or
(ii) is a violation of paragraph (13) of |
17 | | subsection (a) of Section 12-2 or paragraph (2) of subsection |
18 | | (c) of Section 12-2 of the
Criminal Code of 1961 or the |
19 | | Criminal Code of 2012, a violation of any Section of Article 24 |
20 | | of the
Criminal Code of 1961 or the Criminal Code of 2012, or a |
21 | | violation of any statute that involved the unlawful
use of a |
22 | | firearm. If the court determines the question in the |
23 | | affirmative the
court shall, as a condition of the continuance |
24 | | under supervision and as part of
or in addition to any other |
25 | | condition of the supervision,
require the minor to perform |
26 | | community service for not less than 30 hours,
provided that |
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1 | | community service is available in the
jurisdiction and is |
2 | | funded and approved by the county board of the county where
the |
3 | | offense was committed. The community service shall include, but |
4 | | need not
be limited to, the cleanup and repair of any damage |
5 | | caused by an alleged
violation of Section 21-1.3 of the |
6 | | Criminal Code of 1961 or the Criminal Code of 2012 and similar |
7 | | damage to
property located in the municipality or county in |
8 | | which the alleged violation
occurred. When possible and |
9 | | reasonable, the community service shall be
performed in the |
10 | | minor's neighborhood. For the purposes of this Section,
|
11 | | "organized gang" has the meaning ascribed to it in Section 10 |
12 | | of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
|
13 | | (10) The court shall impose upon a minor placed on |
14 | | supervision, as a
condition of the supervision, a fee of $50 |
15 | | for each month of supervision
ordered by the court, unless |
16 | | after determining the inability of the minor
placed on |
17 | | supervision to pay the fee, the court assesses a lesser amount. |
18 | | The
court may not impose the fee on a minor who is placed in the |
19 | | guardianship or custody of the Department of Children and |
20 | | Family Services made a ward of the State under
this Act while |
21 | | the minor is in placement. The fee shall be imposed only upon a
|
22 | | minor who is actively supervised by the probation and court |
23 | | services
department. A court may order the parent, guardian, or |
24 | | legal custodian of the
minor to pay some or all of the fee on |
25 | | the minor's behalf.
|
26 | | (11) If a minor is placed on supervision for a violation of
|
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1 | | subsection (a-7) of Section 1 of the Prevention of Tobacco Use |
2 | | by Minors Act, the
court may, in its discretion, and upon
|
3 | | recommendation by the State's Attorney, order that minor and |
4 | | his or her parents
or legal
guardian to attend a smoker's |
5 | | education or youth diversion program as defined
in that Act if |
6 | | that
program is available in the jurisdiction where the |
7 | | offender resides.
Attendance at a smoker's education or youth |
8 | | diversion program
shall be time-credited against any community |
9 | | service time imposed for any
first violation of subsection |
10 | | (a-7) of Section 1 of that Act. In addition to any
other
|
11 | | penalty
that the court may impose for a violation of subsection |
12 | | (a-7) of Section 1 of
that Act, the
court, upon request by the |
13 | | State's Attorney, may in its discretion
require
the offender to |
14 | | remit a fee for his or her attendance at a smoker's
education |
15 | | or
youth diversion program.
|
16 | | For purposes of this Section, "smoker's education program" |
17 | | or "youth
diversion program" includes, but is not limited to, a |
18 | | seminar designed to
educate a person on the physical and |
19 | | psychological effects of smoking tobacco
products and the |
20 | | health consequences of smoking tobacco products that can be
|
21 | | conducted with a locality's youth diversion program.
|
22 | | In addition to any other penalty that the court may impose |
23 | | under this
subsection
(11):
|
24 | | (a) If a minor violates subsection (a-7) of Section 1 |
25 | | of the Prevention of
Tobacco Use by Minors Act, the court |
26 | | may
impose a sentence of 15 hours of
community service or a |
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1 | | fine of $25 for a first violation.
|
2 | | (b) A second violation by a minor of subsection (a-7) |
3 | | of Section 1 of that Act
that occurs
within 12 months after |
4 | | the first violation is punishable by a fine of $50 and
25
|
5 | | hours of community service.
|
6 | | (c) A third or subsequent violation by a minor of |
7 | | subsection (a-7) of Section
1 of that Act
that
occurs |
8 | | within 12 months after the first violation is punishable by |
9 | | a $100
fine
and 30 hours of community service.
|
10 | | (d) Any second or subsequent violation not within the |
11 | | 12-month time period
after the first violation is |
12 | | punishable as provided for a first violation.
|
13 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-62, eff. 1-1-14.)
|
14 | | (705 ILCS 405/5-715)
|
15 | | Sec. 5-715. Probation.
|
16 | | (1) The period of probation or conditional discharge shall |
17 | | not exceed 5
years or until the minor has attained the age of |
18 | | 21 years, whichever is less,
except as provided in this Section |
19 | | for a minor who is found to be guilty
for an offense which is |
20 | | first degree murder. The juvenile court may terminate probation |
21 | | or
conditional discharge and discharge the minor at any time if |
22 | | warranted by the
conduct of the minor and the ends of justice; |
23 | | provided, however, that the
period of probation for a minor who |
24 | | is found to be guilty for an offense which
is first degree |
25 | | murder shall be at
least 5 years.
|
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1 | | (1.5) The period of probation for a minor who is found |
2 | | guilty of aggravated criminal sexual assault, criminal sexual |
3 | | assault, or aggravated battery with a firearm shall be at least |
4 | | 36 months. The period of probation for a minor who is found to |
5 | | be guilty of any other Class X felony shall be at least 24 |
6 | | months. The period of probation for a Class 1 or Class 2 |
7 | | forcible felony shall be at least 18 months. Regardless of the |
8 | | length of probation ordered by the court, for all offenses |
9 | | under this paragraph (1.5), the court shall schedule hearings |
10 | | to determine whether it is in the best interest of the minor |
11 | | and public safety to terminate probation after the minimum |
12 | | period of probation has been served. In such a hearing, there |
13 | | shall be a rebuttable presumption that it is in the best |
14 | | interest of the minor and public safety to terminate probation. |
15 | | (2) The court may as a condition of probation or of |
16 | | conditional discharge
require that the minor:
|
17 | | (a) not violate any criminal statute of any |
18 | | jurisdiction;
|
19 | | (b) make a report to and appear in person before any |
20 | | person or agency as
directed by the court;
|
21 | | (c) work or pursue a course of study or vocational |
22 | | training;
|
23 | | (d) undergo medical or psychiatric treatment, rendered |
24 | | by a psychiatrist
or
psychological treatment rendered by a |
25 | | clinical psychologist or social work
services rendered by a |
26 | | clinical social worker, or treatment for drug addiction
or |
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1 | | alcoholism;
|
2 | | (e) attend or reside in a facility established for the |
3 | | instruction or
residence of persons on probation;
|
4 | | (f) support his or her dependents, if any;
|
5 | | (g) refrain from possessing a firearm or other |
6 | | dangerous weapon, or an
automobile;
|
7 | | (h) permit the probation officer to visit him or her at |
8 | | his or her home or
elsewhere;
|
9 | | (i) reside with his or her parents or in a foster home;
|
10 | | (j) attend school;
|
11 | | (j-5) with the consent of the superintendent
of the
|
12 | | facility,
attend an educational program at a facility other |
13 | | than the school
in which the
offense was committed if he
or |
14 | | she committed a crime of violence as
defined in
Section 2 |
15 | | of the Crime Victims Compensation Act in a school, on the
|
16 | | real
property
comprising a school, or within 1,000 feet of |
17 | | the real property comprising a
school;
|
18 | | (k) attend a non-residential program for youth;
|
19 | | (l) make restitution under the terms of subsection (4) |
20 | | of Section 5-710;
|
21 | | (m) contribute to his or her own support at home or in |
22 | | a foster home;
|
23 | | (n) perform some reasonable public or community |
24 | | service;
|
25 | | (o) participate with community corrections programs |
26 | | including unified
delinquency intervention services |
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1 | | administered by the Department of Human
Services
subject to |
2 | | Section 5 of the Children and Family Services Act;
|
3 | | (p) pay costs;
|
4 | | (q) serve a term of home confinement. In addition to |
5 | | any other applicable
condition of probation or conditional |
6 | | discharge, the conditions of home
confinement shall be that |
7 | | the minor:
|
8 | | (i) remain within the interior premises of the |
9 | | place designated for his
or her confinement during the |
10 | | hours designated by the court;
|
11 | | (ii) admit any person or agent designated by the |
12 | | court into the minor's
place of confinement at any time |
13 | | for purposes of verifying the minor's
compliance with |
14 | | the conditions of his or her confinement; and
|
15 | | (iii) use an approved electronic monitoring device |
16 | | if ordered by the
court subject to Article 8A of |
17 | | Chapter V of the Unified Code of Corrections;
|
18 | | (r) refrain from entering into a designated geographic |
19 | | area except upon
terms as the court finds appropriate. The |
20 | | terms may include consideration of
the purpose of the |
21 | | entry, the time of day, other persons accompanying the
|
22 | | minor, and advance approval by a probation officer, if the |
23 | | minor has been
placed on probation, or advance approval by |
24 | | the court, if the minor has been
placed on conditional |
25 | | discharge;
|
26 | | (s) refrain from having any contact, directly or |
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1 | | indirectly, with certain
specified persons or particular |
2 | | types of persons, including but not limited to
members of |
3 | | street gangs and drug users or dealers;
|
4 | | (s-5) undergo a medical or other procedure to have a |
5 | | tattoo symbolizing
allegiance to a street
gang removed from |
6 | | his or her body;
|
7 | | (t) refrain from having in his or her body the presence |
8 | | of any illicit
drug
prohibited by the Cannabis Control Act, |
9 | | the Illinois Controlled Substances
Act, or the |
10 | | Methamphetamine Control and Community Protection Act, |
11 | | unless prescribed
by a physician, and shall submit samples |
12 | | of his or her blood or urine or both
for tests to determine |
13 | | the presence of any illicit drug; or
|
14 | | (u) comply with other conditions as may be ordered by |
15 | | the court.
|
16 | | (3) The court may as a condition of probation or of |
17 | | conditional discharge
require that a minor found guilty on any |
18 | | alcohol, cannabis, methamphetamine, or
controlled substance |
19 | | violation, refrain from acquiring a driver's license
during the |
20 | | period of probation or conditional discharge. If the minor is |
21 | | in
possession of a permit or license, the court may require |
22 | | that the minor refrain
from driving or operating any motor |
23 | | vehicle during the period of probation or
conditional |
24 | | discharge, except as may be necessary in the course of the |
25 | | minor's
lawful
employment.
|
26 | | (3.5) The court shall, as a condition of probation or of |
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1 | | conditional
discharge,
require that a minor found to be guilty |
2 | | and placed on probation for reasons
that include a
violation of |
3 | | Section 3.02 or Section 3.03 of the Humane Care for Animals Act |
4 | | or
paragraph
(4) of subsection (a) of Section 21-1 of the
|
5 | | Criminal Code of 2012 undergo medical or psychiatric treatment |
6 | | rendered by a
psychiatrist or psychological treatment rendered |
7 | | by a clinical psychologist.
The
condition may be in addition to |
8 | | any other condition.
|
9 | | (3.10) The court shall order that a minor placed on |
10 | | probation or
conditional discharge for a sex offense as defined |
11 | | in the Sex Offender
Management Board Act undergo and |
12 | | successfully complete sex offender treatment.
The treatment |
13 | | shall be in conformance with the standards developed under
the |
14 | | Sex Offender Management Board Act and conducted by a treatment |
15 | | provider
approved by the Board. The treatment shall be at the |
16 | | expense of the person
evaluated based upon that person's |
17 | | ability to pay for the treatment.
|
18 | | (4) A minor on probation or conditional discharge shall be |
19 | | given a
certificate setting forth the conditions upon which he |
20 | | or she is being
released.
|
21 | | (5) The court shall impose upon a minor placed on probation |
22 | | or conditional
discharge, as a condition of the probation or |
23 | | conditional discharge, a fee of
$50 for each month of probation |
24 | | or conditional discharge supervision ordered by
the court, |
25 | | unless after determining the inability of the minor placed on
|
26 | | probation or conditional discharge to pay the fee, the court |
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1 | | assesses a lesser
amount. The court may not impose the fee on a |
2 | | minor who is placed in the guardianship or custody of the |
3 | | Department of Children and Family Services made a ward of the
|
4 | | State under this Act while the minor is in placement. The fee |
5 | | shall be
imposed only upon a minor who is actively supervised |
6 | | by the probation and court
services department. The court may |
7 | | order the parent, guardian, or legal
custodian of the minor to |
8 | | pay some or all of the fee on the minor's behalf.
|
9 | | (5.5) Jurisdiction over an offender may be transferred from |
10 | | the
sentencing court to the court of another circuit with the |
11 | | concurrence
of both courts. Further transfers or retransfers of |
12 | | jurisdiction are
also authorized in the same manner. The court |
13 | | to which jurisdiction has
been transferred shall have the same |
14 | | powers as the sentencing court.
The probation department within |
15 | | the circuit to which jurisdiction has
been transferred, or |
16 | | which has agreed to provide supervision, may
impose probation |
17 | | fees upon receiving the transferred offender, as
provided in |
18 | | subsection (i) of Section 5-6-3 of the Unified Code of |
19 | | Corrections. For all transfer cases, as defined in
Section 9b |
20 | | of the Probation and Probation Officers Act, the probation
|
21 | | department from the original sentencing court shall retain all
|
22 | | probation fees collected prior to the transfer. After the |
23 | | transfer, all
probation fees shall be paid to the probation |
24 | | department within the
circuit to which jurisdiction has been |
25 | | transferred. |
26 | | If the transfer case originated in another state and has |
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1 | | been transferred under the Interstate Compact for Juveniles to |
2 | | the jurisdiction of an Illinois circuit court for supervision |
3 | | by an Illinois probation department, probation fees may be |
4 | | imposed only if permitted by the Interstate Commission for |
5 | | Juveniles. |
6 | | (6) The General Assembly finds that in order to protect the |
7 | | public, the
juvenile justice system must compel compliance with |
8 | | the conditions of probation
by responding to violations with |
9 | | swift, certain, and fair punishments and
intermediate |
10 | | sanctions. The Chief Judge of each circuit shall adopt a system
|
11 | | of structured, intermediate sanctions for violations of the |
12 | | terms and
conditions of a sentence of supervision, probation or |
13 | | conditional discharge,
under this
Act.
|
14 | | The court shall provide as a condition of a disposition of |
15 | | probation,
conditional discharge, or supervision, that the |
16 | | probation agency may invoke any
sanction from the list of |
17 | | intermediate sanctions adopted by the chief judge of
the |
18 | | circuit court for violations of the terms and conditions of the |
19 | | sentence of
probation, conditional discharge, or supervision, |
20 | | subject to the provisions of
Section 5-720 of this Act.
|
21 | | (Source: P.A. 98-575, eff. 1-1-14; 99-879, eff. 1-1-17 .)
|
22 | | Section 85. The Unified Code of Corrections is amended by |
23 | | changing Sections 5-5-10, 5-6-3, and 5-6-3.1 as follows:
|
24 | | (730 ILCS 5/5-5-10)
|
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1 | | Sec. 5-5-10. Community service fee. When an offender or
|
2 | | defendant is ordered by the court to perform community service |
3 | | and the
offender is not otherwise assessed a fee for probation |
4 | | services, the court
shall impose a fee of $50
for each month |
5 | | the community service ordered
by the court is
supervised by a |
6 | | probation and court services department, unless after
|
7 | | determining the inability of the person sentenced to community |
8 | | service
to pay the fee, the court assesses a lesser fee. The |
9 | | court may not impose
a fee on a minor who is placed in the |
10 | | guardianship or custody of the Department of Children and |
11 | | Family Services made a ward of the State under the Juvenile
|
12 | | Court Act of 1987 while the minor is in placement. The fee |
13 | | shall be
imposed only on an offender who is actively supervised |
14 | | by the probation and
court services department. The fee shall |
15 | | be collected by the clerk of the
circuit court. The clerk of |
16 | | the circuit court shall pay all monies
collected from this fee |
17 | | to the county treasurer for deposit in the
probation and court |
18 | | services fund under Section 15.1 of the Probation
and Probation |
19 | | Officers Act.
|
20 | | A circuit court may not impose a probation fee in excess of
|
21 | | $25 per month unless: (1) the circuit court has adopted, by
|
22 | | administrative order issued by the chief judge, a standard |
23 | | probation fee
guide determining an offender's ability to pay,
|
24 | | under guidelines developed by the Administrative
Office of the |
25 | | Illinois Courts; and (2) the circuit court has authorized, by
|
26 | | administrative order issued by the chief judge, the creation of |
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1 | | a Crime
Victim's Services Fund, to be administered by the Chief |
2 | | Judge or his or
her designee, for services to crime victims and |
3 | | their families. Of the
amount collected as a probation fee, not |
4 | | to exceed $5 of that fee
collected per month may be used to |
5 | | provide services to crime victims
and their families.
|
6 | | (Source: P.A. 93-475, eff. 8-8-03.)
|
7 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
8 | | Sec. 5-6-3. Conditions of Probation and of Conditional |
9 | | Discharge.
|
10 | | (a) The conditions of probation and of conditional |
11 | | discharge shall be
that the person:
|
12 | | (1) not violate any criminal statute of any |
13 | | jurisdiction;
|
14 | | (2) report to or appear in person before such person or |
15 | | agency as
directed by the court;
|
16 | | (3) refrain from possessing a firearm or other |
17 | | dangerous weapon where the offense is a felony or, if a |
18 | | misdemeanor, the offense involved the intentional or |
19 | | knowing infliction of bodily harm or threat of bodily harm;
|
20 | | (4) not leave the State without the consent of the |
21 | | court or, in
circumstances in which the reason for the |
22 | | absence is of such an emergency
nature that prior consent |
23 | | by the court is not possible, without the prior
|
24 | | notification and approval of the person's probation
|
25 | | officer. Transfer of a person's probation or conditional |
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1 | | discharge
supervision to another state is subject to |
2 | | acceptance by the other state
pursuant to the Interstate |
3 | | Compact for Adult Offender Supervision;
|
4 | | (5) permit the probation officer to visit
him at his |
5 | | home or elsewhere
to the extent necessary to discharge his |
6 | | duties;
|
7 | | (6) perform no less than 30 hours of community service |
8 | | and not more than
120 hours of community service, if |
9 | | community service is available in the
jurisdiction and is |
10 | | funded and approved by the county board where the offense
|
11 | | was committed, where the offense was related to or in |
12 | | furtherance of the
criminal activities of an organized gang |
13 | | and was motivated by the offender's
membership in or |
14 | | allegiance to an organized gang. The community service |
15 | | shall
include, but not be limited to, the cleanup and |
16 | | repair of any damage caused by
a violation of Section |
17 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
18 | | 2012 and similar damage
to property located within the |
19 | | municipality or county in which the violation
occurred. |
20 | | When possible and reasonable, the community service should |
21 | | be
performed in the offender's neighborhood. For purposes |
22 | | of this Section,
"organized gang" has the meaning ascribed |
23 | | to it in Section 10 of the Illinois
Streetgang Terrorism |
24 | | Omnibus Prevention Act;
|
25 | | (7) if he or she is at least 17 years of age and has |
26 | | been sentenced to
probation or conditional discharge for a |
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1 | | misdemeanor or felony in a county of
3,000,000 or more |
2 | | inhabitants and has not been previously convicted of a
|
3 | | misdemeanor or felony, may be required by the sentencing |
4 | | court to attend
educational courses designed to prepare the |
5 | | defendant for a high school diploma
and to work toward a |
6 | | high school diploma or to work toward passing high school |
7 | | equivalency testing or to work toward
completing a |
8 | | vocational training program approved by the court. The |
9 | | person on
probation or conditional discharge must attend a |
10 | | public institution of
education to obtain the educational |
11 | | or vocational training required by this
clause (7). The |
12 | | court shall revoke the probation or conditional discharge |
13 | | of a
person who wilfully fails to comply with this clause |
14 | | (7). The person on
probation or conditional discharge shall |
15 | | be required to pay for the cost of the
educational courses |
16 | | or high school equivalency testing if a fee is charged for |
17 | | those courses or testing. The court shall resentence the |
18 | | offender whose probation or conditional
discharge has been |
19 | | revoked as provided in Section 5-6-4. This clause (7) does
|
20 | | not apply to a person who has a high school diploma or has |
21 | | successfully passed high school equivalency testing. This |
22 | | clause (7) does not apply to a person who is determined by
|
23 | | the court to be a person with a developmental disability or |
24 | | otherwise mentally incapable of
completing the educational |
25 | | or vocational program;
|
26 | | (8) if convicted of possession of a substance |
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1 | | prohibited
by the Cannabis Control Act, the Illinois |
2 | | Controlled Substances Act, or the Methamphetamine Control |
3 | | and Community Protection Act
after a previous conviction or |
4 | | disposition of supervision for possession of a
substance |
5 | | prohibited by the Cannabis Control Act or Illinois |
6 | | Controlled
Substances Act or after a sentence of probation |
7 | | under Section 10 of the
Cannabis
Control Act, Section 410 |
8 | | of the Illinois Controlled Substances Act, or Section 70 of |
9 | | the Methamphetamine Control and Community Protection Act |
10 | | and upon a
finding by the court that the person is |
11 | | addicted, undergo treatment at a
substance abuse program |
12 | | approved by the court;
|
13 | | (8.5) if convicted of a felony sex offense as defined |
14 | | in the Sex
Offender
Management Board Act, the person shall |
15 | | undergo and successfully complete sex
offender treatment |
16 | | by a treatment provider approved by the Board and conducted
|
17 | | in conformance with the standards developed under the Sex
|
18 | | Offender Management Board Act;
|
19 | | (8.6) if convicted of a sex offense as defined in the |
20 | | Sex Offender Management Board Act, refrain from residing at |
21 | | the same address or in the same condominium unit or |
22 | | apartment unit or in the same condominium complex or |
23 | | apartment complex with another person he or she knows or |
24 | | reasonably should know is a convicted sex offender or has |
25 | | been placed on supervision for a sex offense; the |
26 | | provisions of this paragraph do not apply to a person |
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1 | | convicted of a sex offense who is placed in a Department of |
2 | | Corrections licensed transitional housing facility for sex |
3 | | offenders; |
4 | | (8.7) if convicted for an offense committed on or after |
5 | | June 1, 2008 (the effective date of Public Act 95-464) that |
6 | | would qualify the accused as a child sex offender as |
7 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
8 | | 1961 or the Criminal Code of 2012, refrain from |
9 | | communicating with or contacting, by means of the Internet, |
10 | | a person who is not related to the accused and whom the |
11 | | accused reasonably believes to be under 18 years of age; |
12 | | for purposes of this paragraph (8.7), "Internet" has the |
13 | | meaning ascribed to it in Section 16-0.1 of the Criminal |
14 | | Code of 2012; and a person is not related to the accused if |
15 | | the person is not: (i) the spouse, brother, or sister of |
16 | | the accused; (ii) a descendant of the accused; (iii) a |
17 | | first or second cousin of the accused; or (iv) a step-child |
18 | | or adopted child of the accused; |
19 | | (8.8) if convicted for an offense under Section 11-6, |
20 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
21 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
22 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
23 | | or any attempt to commit any of these offenses, committed |
24 | | on or after June 1, 2009 (the effective date of Public Act |
25 | | 95-983): |
26 | | (i) not access or use a computer or any other |
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1 | | device with Internet capability without the prior |
2 | | written approval of the offender's probation officer, |
3 | | except in connection with the offender's employment or |
4 | | search for employment with the prior approval of the |
5 | | offender's probation officer; |
6 | | (ii) submit to periodic unannounced examinations |
7 | | of the offender's computer or any other device with |
8 | | Internet capability by the offender's probation |
9 | | officer, a law enforcement officer, or assigned |
10 | | computer or information technology specialist, |
11 | | including the retrieval and copying of all data from |
12 | | the computer or device and any internal or external |
13 | | peripherals and removal of such information, |
14 | | equipment, or device to conduct a more thorough |
15 | | inspection; |
16 | | (iii) submit to the installation on the offender's |
17 | | computer or device with Internet capability, at the |
18 | | offender's expense, of one or more hardware or software |
19 | | systems to monitor the Internet use; and |
20 | | (iv) submit to any other appropriate restrictions |
21 | | concerning the offender's use of or access to a |
22 | | computer or any other device with Internet capability |
23 | | imposed by the offender's probation officer; |
24 | | (8.9) if convicted of a sex offense as defined in the |
25 | | Sex Offender
Registration Act committed on or after January |
26 | | 1, 2010 (the effective date of Public Act 96-262), refrain |
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1 | | from accessing or using a social networking website as |
2 | | defined in Section 17-0.5 of the Criminal Code of 2012;
|
3 | | (9) if convicted of a felony or of any misdemeanor |
4 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
5 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
6 | | 2012 that was determined, pursuant to Section 112A-11.1 of |
7 | | the Code of Criminal Procedure of 1963, to trigger the |
8 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
9 | | at a time and place
designated by the court, his or her |
10 | | Firearm
Owner's Identification Card and
any and all |
11 | | firearms in
his or her possession. The Court shall return |
12 | | to the Department of State Police Firearm Owner's |
13 | | Identification Card Office the person's Firearm Owner's |
14 | | Identification Card;
|
15 | | (10) if convicted of a sex offense as defined in |
16 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
17 | | offender is a parent or guardian of the person under 18 |
18 | | years of age present in the home and no non-familial minors |
19 | | are present, not participate in a holiday event involving |
20 | | children under 18 years of age, such as distributing candy |
21 | | or other items to children on Halloween, wearing a Santa |
22 | | Claus costume on or preceding Christmas, being employed as |
23 | | a department store Santa Claus, or wearing an Easter Bunny |
24 | | costume on or preceding Easter; |
25 | | (11) if convicted of a sex offense as defined in |
26 | | Section 2 of the Sex Offender Registration Act committed on |
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1 | | or after January 1, 2010 (the effective date of Public Act |
2 | | 96-362) that requires the person to register as a sex |
3 | | offender under that Act, may not knowingly use any computer |
4 | | scrub software on any computer that the sex offender uses; |
5 | | and |
6 | | (12) if convicted of a violation of the Methamphetamine |
7 | | Control and Community Protection Act, the Methamphetamine
|
8 | | Precursor Control Act, or a methamphetamine related |
9 | | offense: |
10 | | (A) prohibited from purchasing, possessing, or |
11 | | having under his or her control any product containing |
12 | | pseudoephedrine unless prescribed by a physician; and |
13 | | (B) prohibited from purchasing, possessing, or |
14 | | having under his or her control any product containing |
15 | | ammonium nitrate. |
16 | | (b) The Court may in addition to other reasonable |
17 | | conditions relating to the
nature of the offense or the |
18 | | rehabilitation of the defendant as determined for
each |
19 | | defendant in the proper discretion of the Court require that |
20 | | the person:
|
21 | | (1) serve a term of periodic imprisonment under Article |
22 | | 7 for a
period not to exceed that specified in paragraph |
23 | | (d) of Section 5-7-1;
|
24 | | (2) pay a fine and costs;
|
25 | | (3) work or pursue a course of study or vocational |
26 | | training;
|
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1 | | (4) undergo medical, psychological or psychiatric |
2 | | treatment; or treatment
for drug addiction or alcoholism;
|
3 | | (5) attend or reside in a facility established for the |
4 | | instruction
or residence of defendants on probation;
|
5 | | (6) support his dependents;
|
6 | | (7) and in addition, if a minor:
|
7 | | (i) reside with his parents or in a foster home;
|
8 | | (ii) attend school;
|
9 | | (iii) attend a non-residential program for youth;
|
10 | | (iv) contribute to his own support at home or in a |
11 | | foster home;
|
12 | | (v) with the consent of the superintendent of the
|
13 | | facility, attend an educational program at a facility |
14 | | other than the school
in which the
offense was |
15 | | committed if he
or she is convicted of a crime of |
16 | | violence as
defined in
Section 2 of the Crime Victims |
17 | | Compensation Act committed in a school, on the
real
|
18 | | property
comprising a school, or within 1,000 feet of |
19 | | the real property comprising a
school;
|
20 | | (8) make restitution as provided in Section 5-5-6 of |
21 | | this Code;
|
22 | | (9) perform some reasonable public or community |
23 | | service;
|
24 | | (10) serve a term of home confinement. In addition to |
25 | | any other
applicable condition of probation or conditional |
26 | | discharge, the
conditions of home confinement shall be that |
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1 | | the offender:
|
2 | | (i) remain within the interior premises of the |
3 | | place designated for
his confinement during the hours |
4 | | designated by the court;
|
5 | | (ii) admit any person or agent designated by the |
6 | | court into the
offender's place of confinement at any |
7 | | time for purposes of verifying
the offender's |
8 | | compliance with the conditions of his confinement; and
|
9 | | (iii) if further deemed necessary by the court or |
10 | | the
Probation or
Court Services Department, be placed |
11 | | on an approved
electronic monitoring device, subject |
12 | | to Article 8A of Chapter V;
|
13 | | (iv) for persons convicted of any alcohol, |
14 | | cannabis or controlled
substance violation who are |
15 | | placed on an approved monitoring device as a
condition |
16 | | of probation or conditional discharge, the court shall |
17 | | impose a
reasonable fee for each day of the use of the |
18 | | device, as established by the
county board in |
19 | | subsection (g) of this Section, unless after |
20 | | determining the
inability of the offender to pay the |
21 | | fee, the court assesses a lesser fee or no
fee as the |
22 | | case may be. This fee shall be imposed in addition to |
23 | | the fees
imposed under subsections (g) and (i) of this |
24 | | Section. The fee shall be
collected by the clerk of the |
25 | | circuit court, except as provided in an administrative |
26 | | order of the Chief Judge of the circuit court. The |
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1 | | clerk of the circuit
court shall pay all monies |
2 | | collected from this fee to the county treasurer
for |
3 | | deposit in the substance abuse services fund under |
4 | | Section 5-1086.1 of
the Counties Code, except as |
5 | | provided in an administrative order of the Chief Judge |
6 | | of the circuit court. |
7 | | The Chief Judge of the circuit court of the county |
8 | | may by administrative order establish a program for |
9 | | electronic monitoring of offenders, in which a vendor |
10 | | supplies and monitors the operation of the electronic |
11 | | monitoring device, and collects the fees on behalf of |
12 | | the county. The program shall include provisions for |
13 | | indigent offenders and the collection of unpaid fees. |
14 | | The program shall not unduly burden the offender and |
15 | | shall be subject to review by the Chief Judge. |
16 | | The Chief Judge of the circuit court may suspend |
17 | | any additional charges or fees for late payment, |
18 | | interest, or damage to any device; and
|
19 | | (v) for persons convicted of offenses other than |
20 | | those referenced in
clause (iv) above and who are |
21 | | placed on an approved monitoring device as a
condition |
22 | | of probation or conditional discharge, the court shall |
23 | | impose
a reasonable fee for each day of the use of the |
24 | | device, as established by the
county board in |
25 | | subsection (g) of this Section, unless after |
26 | | determining the
inability of the defendant to pay the |
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1 | | fee, the court assesses a lesser fee or
no fee as the |
2 | | case may be. This fee shall be imposed in addition to |
3 | | the fees
imposed under subsections (g) and (i) of this |
4 | | Section. The fee
shall be collected by the clerk of the |
5 | | circuit court, except as provided in an administrative |
6 | | order of the Chief Judge of the circuit court. The |
7 | | clerk of the circuit
court shall pay all monies |
8 | | collected from this fee
to the county treasurer who |
9 | | shall use the monies collected to defray the
costs of |
10 | | corrections. The county treasurer shall deposit the |
11 | | fee
collected in the probation and court services fund.
|
12 | | The Chief Judge of the circuit court of the county may |
13 | | by administrative order establish a program for |
14 | | electronic monitoring of offenders, in which a vendor |
15 | | supplies and monitors the operation of the electronic |
16 | | monitoring device, and collects the fees on behalf of |
17 | | the county. The program shall include provisions for |
18 | | indigent offenders and the collection of unpaid fees. |
19 | | The program shall not unduly burden the offender and |
20 | | shall be subject to review by the Chief Judge.
|
21 | | The Chief Judge of the circuit court may suspend |
22 | | any additional charges or fees for late payment, |
23 | | interest, or damage to any device. |
24 | | (11) comply with the terms and conditions of an order |
25 | | of protection issued
by the court pursuant to the Illinois |
26 | | Domestic Violence Act of 1986,
as now or hereafter amended, |
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1 | | or an order of protection issued by the court of
another |
2 | | state, tribe, or United States territory. A copy of the |
3 | | order of
protection shall be
transmitted to the probation |
4 | | officer or agency
having responsibility for the case;
|
5 | | (12) reimburse any "local anti-crime program" as |
6 | | defined in Section 7
of the Anti-Crime Advisory Council Act |
7 | | for any reasonable expenses incurred
by the program on the |
8 | | offender's case, not to exceed the maximum amount of
the |
9 | | fine authorized for the offense for which the defendant was |
10 | | sentenced;
|
11 | | (13) contribute a reasonable sum of money, not to |
12 | | exceed the maximum
amount of the fine authorized for the
|
13 | | offense for which the defendant was sentenced, (i) to a |
14 | | "local anti-crime
program", as defined in Section 7 of the |
15 | | Anti-Crime Advisory Council Act, or (ii) for offenses under |
16 | | the jurisdiction of the Department of Natural Resources, to |
17 | | the fund established by the Department of Natural Resources |
18 | | for the purchase of evidence for investigation purposes and |
19 | | to conduct investigations as outlined in Section 805-105 of |
20 | | the Department of Natural Resources (Conservation) Law;
|
21 | | (14) refrain from entering into a designated |
22 | | geographic area except upon
such terms as the court finds |
23 | | appropriate. Such terms may include
consideration of the |
24 | | purpose of the entry, the time of day, other persons
|
25 | | accompanying the defendant, and advance approval by a
|
26 | | probation officer, if
the defendant has been placed on |
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1 | | probation or advance approval by the
court, if the |
2 | | defendant was placed on conditional discharge;
|
3 | | (15) refrain from having any contact, directly or |
4 | | indirectly, with
certain specified persons or particular |
5 | | types of persons, including but not
limited to members of |
6 | | street gangs and drug users or dealers;
|
7 | | (16) refrain from having in his or her body the |
8 | | presence of any illicit
drug prohibited by the Cannabis |
9 | | Control Act, the Illinois Controlled
Substances Act, or the |
10 | | Methamphetamine Control and Community Protection Act, |
11 | | unless prescribed by a physician, and submit samples of
his |
12 | | or her blood or urine or both for tests to determine the |
13 | | presence of any
illicit drug;
|
14 | | (17) if convicted for an offense committed on or after |
15 | | June 1, 2008 (the effective date of Public Act 95-464) that |
16 | | would qualify the accused as a child sex offender as |
17 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
18 | | 1961 or the Criminal Code of 2012, refrain from |
19 | | communicating with or contacting, by means of the Internet, |
20 | | a person who is related to the accused and whom the accused |
21 | | reasonably believes to be under 18 years of age; for |
22 | | purposes of this paragraph (17), "Internet" has the meaning |
23 | | ascribed to it in Section 16-0.1 of the Criminal Code of |
24 | | 2012; and a person is related to the accused if the person |
25 | | is: (i) the spouse, brother, or sister of the accused; (ii) |
26 | | a descendant of the accused; (iii) a first or second cousin |
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1 | | of the accused; or (iv) a step-child or adopted child of |
2 | | the accused; |
3 | | (18) if convicted for an offense committed on or after |
4 | | June 1, 2009 (the effective date of Public Act 95-983) that |
5 | | would qualify as a sex offense as defined in the Sex |
6 | | Offender Registration Act: |
7 | | (i) not access or use a computer or any other |
8 | | device with Internet capability without the prior |
9 | | written approval of the offender's probation officer, |
10 | | except in connection with the offender's employment or |
11 | | search for employment with the prior approval of the |
12 | | offender's probation officer; |
13 | | (ii) submit to periodic unannounced examinations |
14 | | of the offender's computer or any other device with |
15 | | Internet capability by the offender's probation |
16 | | officer, a law enforcement officer, or assigned |
17 | | computer or information technology specialist, |
18 | | including the retrieval and copying of all data from |
19 | | the computer or device and any internal or external |
20 | | peripherals and removal of such information, |
21 | | equipment, or device to conduct a more thorough |
22 | | inspection; |
23 | | (iii) submit to the installation on the offender's |
24 | | computer or device with Internet capability, at the |
25 | | subject's expense, of one or more hardware or software |
26 | | systems to monitor the Internet use; and |
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1 | | (iv) submit to any other appropriate restrictions |
2 | | concerning the offender's use of or access to a |
3 | | computer or any other device with Internet capability |
4 | | imposed by the offender's probation officer; and |
5 | | (19) refrain from possessing a firearm or other |
6 | | dangerous weapon where the offense is a misdemeanor that |
7 | | did not involve the intentional or knowing infliction of |
8 | | bodily harm or threat of bodily harm. |
9 | | (c) The court may as a condition of probation or of |
10 | | conditional
discharge require that a person under 18 years of |
11 | | age found guilty of any
alcohol, cannabis or controlled |
12 | | substance violation, refrain from acquiring
a driver's license |
13 | | during
the period of probation or conditional discharge. If |
14 | | such person
is in possession of a permit or license, the court |
15 | | may require that
the minor refrain from driving or operating |
16 | | any motor vehicle during the
period of probation or conditional |
17 | | discharge, except as may be necessary in
the course of the |
18 | | minor's lawful employment.
|
19 | | (d) An offender sentenced to probation or to conditional |
20 | | discharge
shall be given a certificate setting forth the |
21 | | conditions thereof.
|
22 | | (e) Except where the offender has committed a fourth or |
23 | | subsequent
violation of subsection (c) of Section 6-303 of the |
24 | | Illinois Vehicle Code,
the court shall not require as a |
25 | | condition of the sentence of
probation or conditional discharge |
26 | | that the offender be committed to a
period of imprisonment in |
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1 | | excess of 6 months.
This 6 month limit shall not include |
2 | | periods of confinement given pursuant to
a sentence of county |
3 | | impact incarceration under Section 5-8-1.2.
|
4 | | Persons committed to imprisonment as a condition of |
5 | | probation or
conditional discharge shall not be committed to |
6 | | the Department of
Corrections.
|
7 | | (f) The court may combine a sentence of periodic |
8 | | imprisonment under
Article 7 or a sentence to a county impact |
9 | | incarceration program under
Article 8 with a sentence of |
10 | | probation or conditional discharge.
|
11 | | (g) An offender sentenced to probation or to conditional |
12 | | discharge and
who during the term of either undergoes mandatory |
13 | | drug or alcohol testing,
or both, or is assigned to be placed |
14 | | on an approved electronic monitoring
device, shall be ordered |
15 | | to pay all costs incidental to such mandatory drug
or alcohol |
16 | | testing, or both, and all costs
incidental to such approved |
17 | | electronic monitoring in accordance with the
defendant's |
18 | | ability to pay those costs. The county board with
the |
19 | | concurrence of the Chief Judge of the judicial
circuit in which |
20 | | the county is located shall establish reasonable fees for
the |
21 | | cost of maintenance, testing, and incidental expenses related |
22 | | to the
mandatory drug or alcohol testing, or both, and all |
23 | | costs incidental to
approved electronic monitoring, involved |
24 | | in a successful probation program
for the county. The |
25 | | concurrence of the Chief Judge shall be in the form of
an |
26 | | administrative order.
The fees shall be collected by the clerk |
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1 | | of the circuit court, except as provided in an administrative |
2 | | order of the Chief Judge of the circuit court. The clerk of
the |
3 | | circuit court shall pay all moneys collected from these fees to |
4 | | the county
treasurer who shall use the moneys collected to |
5 | | defray the costs of
drug testing, alcohol testing, and |
6 | | electronic monitoring.
The county treasurer shall deposit the |
7 | | fees collected in the
county working cash fund under Section |
8 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case |
9 | | may be.
The Chief Judge of the circuit court of the county may |
10 | | by administrative order establish a program for electronic |
11 | | monitoring of offenders, in which a vendor supplies and |
12 | | monitors the operation of the electronic monitoring device, and |
13 | | collects the fees on behalf of the county. The program shall |
14 | | include provisions for indigent offenders and the collection of |
15 | | unpaid fees. The program shall not unduly burden the offender |
16 | | and shall be subject to review by the Chief Judge.
|
17 | | The Chief Judge of the circuit court may suspend any |
18 | | additional charges or fees for late payment, interest, or |
19 | | damage to any device. |
20 | | (h) Jurisdiction over an offender may be transferred from |
21 | | the
sentencing court to the court of another circuit with the |
22 | | concurrence of
both courts. Further transfers or retransfers of
|
23 | | jurisdiction are also
authorized in the same manner. The court |
24 | | to which jurisdiction has been
transferred shall have the same |
25 | | powers as the sentencing court.
The probation department within |
26 | | the circuit to which jurisdiction has been transferred, or |
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1 | | which has agreed to provide supervision, may impose probation |
2 | | fees upon receiving the transferred offender, as provided in |
3 | | subsection (i). For all transfer cases, as defined in Section |
4 | | 9b of the Probation and Probation Officers Act, the probation |
5 | | department from the original sentencing court shall retain all |
6 | | probation fees collected prior to the transfer. After the |
7 | | transfer
all probation fees shall be paid to the probation |
8 | | department within the
circuit to which jurisdiction has been |
9 | | transferred.
|
10 | | (i) The court shall impose upon an offender
sentenced to |
11 | | probation after January 1, 1989 or to conditional discharge
|
12 | | after January 1, 1992 or to community service under the |
13 | | supervision of a
probation or court services department after |
14 | | January 1, 2004, as a condition of such probation or |
15 | | conditional
discharge or supervised community service, a fee of |
16 | | $50
for each month of probation or
conditional
discharge |
17 | | supervision or supervised community service ordered by the |
18 | | court, unless after
determining the inability of the person |
19 | | sentenced to probation or conditional
discharge or supervised |
20 | | community service to pay the
fee, the court assesses a lesser |
21 | | fee. The court may not impose the fee on a
minor who is placed |
22 | | in the guardianship or custody of the Department of Children |
23 | | and Family Services made a ward of the State under the Juvenile |
24 | | Court Act of 1987
while the minor is in placement.
The fee |
25 | | shall be imposed only upon
an offender who is actively |
26 | | supervised by the
probation and court services
department. The |
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1 | | fee shall be collected by the clerk
of the circuit court. The |
2 | | clerk of the circuit court shall pay all monies
collected from |
3 | | this fee to the county treasurer for deposit in the
probation |
4 | | and court services fund under Section 15.1 of the
Probation and |
5 | | Probation Officers Act.
|
6 | | A circuit court may not impose a probation fee under this |
7 | | subsection (i) in excess of $25
per month unless the circuit |
8 | | court has adopted, by administrative
order issued by the chief |
9 | | judge, a standard probation fee guide
determining an offender's |
10 | | ability to pay Of the
amount collected as a probation fee, up |
11 | | to $5 of that fee
collected per month may be used to provide |
12 | | services to crime victims
and their families. |
13 | | The Court may only waive probation fees based on an |
14 | | offender's ability to pay. The probation department may |
15 | | re-evaluate an offender's ability to pay every 6 months, and, |
16 | | with the approval of the Director of Court Services or the |
17 | | Chief Probation Officer, adjust the monthly fee amount. An |
18 | | offender may elect to pay probation fees due in a lump sum.
Any |
19 | | offender that has been assigned to the supervision of a |
20 | | probation department, or has been transferred either under |
21 | | subsection (h) of this Section or under any interstate compact, |
22 | | shall be required to pay probation fees to the department |
23 | | supervising the offender, based on the offender's ability to |
24 | | pay.
|
25 | | This amendatory Act of the 93rd General Assembly deletes |
26 | | the $10 increase in the fee under this subsection that was |
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1 | | imposed by Public Act 93-616. This deletion is intended to |
2 | | control over any other Act of the 93rd General Assembly that |
3 | | retains or incorporates that fee increase. |
4 | | (i-5) In addition to the fees imposed under subsection (i) |
5 | | of this Section, in the case of an offender convicted of a |
6 | | felony sex offense (as defined in the Sex Offender Management |
7 | | Board Act) or an offense that the court or probation department |
8 | | has determined to be sexually motivated (as defined in the Sex |
9 | | Offender Management Board Act), the court or the probation |
10 | | department shall assess additional fees to pay for all costs of |
11 | | treatment, assessment, evaluation for risk and treatment, and |
12 | | monitoring the offender, based on that offender's ability to |
13 | | pay those costs either as they occur or under a payment plan. |
14 | | (j) All fines and costs imposed under this Section for any |
15 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
16 | | Code, or a similar
provision of a local ordinance, and any |
17 | | violation of the Child Passenger
Protection Act, or a similar |
18 | | provision of a local ordinance, shall be
collected and |
19 | | disbursed by the circuit clerk as provided under Section 27.5
|
20 | | of the Clerks of Courts Act.
|
21 | | (k) Any offender who is sentenced to probation or |
22 | | conditional discharge for a felony sex offense as defined in |
23 | | the Sex Offender Management Board Act or any offense that the |
24 | | court or probation department has determined to be sexually |
25 | | motivated as defined in the Sex Offender Management Board Act |
26 | | shall be required to refrain from any contact, directly or |
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|
1 | | indirectly, with any persons specified by the court and shall |
2 | | be available for all evaluations and treatment programs |
3 | | required by the court or the probation department.
|
4 | | (l) The court may order an offender who is sentenced to |
5 | | probation or conditional
discharge for a violation of an order |
6 | | of protection be placed under electronic surveillance as |
7 | | provided in Section 5-8A-7 of this Code. |
8 | | (Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143, |
9 | | eff. 7-27-15; 99-797, eff. 8-12-16.)
|
10 | | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
|
11 | | Sec. 5-6-3.1. Incidents and conditions of supervision.
|
12 | | (a) When a defendant is placed on supervision, the court |
13 | | shall enter
an order for supervision specifying the period of |
14 | | such supervision, and
shall defer further proceedings in the |
15 | | case until the conclusion of the
period.
|
16 | | (b) The period of supervision shall be reasonable under all |
17 | | of the
circumstances of the case, but may not be longer than 2 |
18 | | years, unless the
defendant has failed to pay the assessment |
19 | | required by Section 10.3 of the
Cannabis Control Act,
Section |
20 | | 411.2 of the Illinois Controlled
Substances Act, or Section 80 |
21 | | of the Methamphetamine Control and Community Protection Act, in |
22 | | which case the court may extend supervision beyond 2 years.
|
23 | | Additionally, the court shall order the defendant to perform no |
24 | | less than 30
hours of community service and not more than 120 |
25 | | hours of community service, if
community service is available |
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1 | | in the
jurisdiction and is funded and approved by the county |
2 | | board where the offense
was committed,
when the offense (1) was
|
3 | | related to or in furtherance of the criminal activities of an |
4 | | organized gang or
was motivated by the defendant's membership |
5 | | in or allegiance to an organized
gang; or (2) is a violation of |
6 | | any Section of Article 24 of the Criminal
Code of 1961 or the |
7 | | Criminal Code of 2012 where a disposition of supervision is not |
8 | | prohibited by Section
5-6-1 of this Code.
The
community service |
9 | | shall include, but not be limited to, the cleanup and repair
of |
10 | | any damage caused by violation of Section 21-1.3 of the |
11 | | Criminal Code of
1961 or the Criminal Code of 2012 and similar |
12 | | damages to property located within the municipality or county
|
13 | | in which the violation occurred. Where possible and reasonable, |
14 | | the community
service should be performed in the offender's |
15 | | neighborhood.
|
16 | | For the purposes of this
Section, "organized gang" has the |
17 | | meaning ascribed to it in Section 10 of the
Illinois Streetgang |
18 | | Terrorism Omnibus Prevention Act.
|
19 | | (c) The court may in addition to other reasonable |
20 | | conditions
relating to the nature of the offense or the |
21 | | rehabilitation of the
defendant as determined for each |
22 | | defendant in the proper discretion of
the court require that |
23 | | the person:
|
24 | | (1) make a report to and appear in person before or |
25 | | participate with
the court or such courts, person, or |
26 | | social service agency as directed
by the court in the order |
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1 | | of supervision;
|
2 | | (2) pay a fine and costs;
|
3 | | (3) work or pursue a course of study or vocational |
4 | | training;
|
5 | | (4) undergo medical, psychological or psychiatric |
6 | | treatment; or
treatment for drug addiction or alcoholism;
|
7 | | (5) attend or reside in a facility established for the |
8 | | instruction
or residence of defendants on probation;
|
9 | | (6) support his dependents;
|
10 | | (7) refrain from possessing a firearm or other |
11 | | dangerous weapon;
|
12 | | (8) and in addition, if a minor:
|
13 | | (i) reside with his parents or in a foster home;
|
14 | | (ii) attend school;
|
15 | | (iii) attend a non-residential program for youth;
|
16 | | (iv) contribute to his own support at home or in a |
17 | | foster home; or
|
18 | | (v) with the consent of the superintendent of the
|
19 | | facility, attend an educational program at a facility |
20 | | other than the school
in which the
offense was |
21 | | committed if he
or she is placed on supervision for a |
22 | | crime of violence as
defined in
Section 2 of the Crime |
23 | | Victims Compensation Act committed in a school, on the
|
24 | | real
property
comprising a school, or within 1,000 feet |
25 | | of the real property comprising a
school;
|
26 | | (9) make restitution or reparation in an amount not to |
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1 | | exceed actual
loss or damage to property and pecuniary loss |
2 | | or make restitution under Section
5-5-6 to a domestic |
3 | | violence shelter. The court shall
determine the amount and |
4 | | conditions of payment;
|
5 | | (10) perform some reasonable public or community |
6 | | service;
|
7 | | (11) comply with the terms and conditions of an order |
8 | | of protection
issued by the court pursuant to the Illinois |
9 | | Domestic Violence Act of 1986 or
an order of protection |
10 | | issued by the court of another state, tribe, or United
|
11 | | States territory.
If the court has ordered the defendant to |
12 | | make a report and appear in
person under paragraph (1) of |
13 | | this subsection, a copy of the order of
protection shall be |
14 | | transmitted to the person or agency so designated
by the |
15 | | court;
|
16 | | (12) reimburse any "local anti-crime program" as |
17 | | defined in Section 7 of
the Anti-Crime Advisory Council Act |
18 | | for any reasonable expenses incurred by the
program on the |
19 | | offender's case, not to exceed the maximum amount of the
|
20 | | fine authorized for the offense for which the defendant was |
21 | | sentenced;
|
22 | | (13) contribute a reasonable sum of money, not to
|
23 | | exceed the maximum amount of the fine authorized for the |
24 | | offense for which
the defendant was sentenced, (i) to a |
25 | | "local anti-crime program", as defined
in Section 7 of the |
26 | | Anti-Crime Advisory Council Act, or (ii) for offenses under |
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1 | | the jurisdiction of the Department of Natural Resources, to |
2 | | the fund established by the Department of Natural Resources |
3 | | for the purchase of evidence for investigation purposes and |
4 | | to conduct investigations as outlined in Section 805-105 of |
5 | | the Department of Natural Resources (Conservation) Law;
|
6 | | (14) refrain from entering into a designated |
7 | | geographic area except
upon such terms as the court finds |
8 | | appropriate. Such terms may include
consideration of the |
9 | | purpose of the entry, the time of day, other persons
|
10 | | accompanying the defendant, and advance approval by a |
11 | | probation officer;
|
12 | | (15) refrain from having any contact, directly or |
13 | | indirectly, with
certain specified persons or particular |
14 | | types of person, including but not
limited to members of |
15 | | street gangs and drug users or dealers;
|
16 | | (16) refrain from having in his or her body the |
17 | | presence of any illicit
drug prohibited by the Cannabis |
18 | | Control Act, the Illinois Controlled
Substances Act, or the |
19 | | Methamphetamine Control and Community Protection Act, |
20 | | unless prescribed by a physician, and submit samples of
his |
21 | | or her blood or urine or both for tests to determine the |
22 | | presence of any
illicit drug;
|
23 | | (17) refrain from operating any motor vehicle not |
24 | | equipped with an
ignition interlock device as defined in |
25 | | Section 1-129.1 of the Illinois
Vehicle Code; under this |
26 | | condition the court may allow a defendant who is not
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1 | | self-employed to operate a vehicle owned by the defendant's |
2 | | employer that is
not equipped with an ignition interlock |
3 | | device in the course and scope of the
defendant's |
4 | | employment; and
|
5 | | (18) if placed on supervision for a sex offense as |
6 | | defined in subsection (a-5) of Section 3-1-2 of this Code, |
7 | | unless the offender is a parent or guardian of the person |
8 | | under 18 years of age present in the home and no |
9 | | non-familial minors are present, not participate in a |
10 | | holiday event involving
children
under 18 years of age, |
11 | | such as distributing candy or other items to children on
|
12 | | Halloween,
wearing a Santa Claus costume on or preceding |
13 | | Christmas, being employed as a
department store Santa |
14 | | Claus, or wearing an Easter Bunny costume on or
preceding
|
15 | | Easter. |
16 | | (c-5) If payment of restitution as ordered has not been |
17 | | made, the victim shall file a
petition notifying the sentencing |
18 | | court, any other person to whom restitution is owed, and
the |
19 | | State's Attorney of the status of the ordered restitution |
20 | | payments unpaid at least 90
days before the supervision |
21 | | expiration date. If payment as ordered has not been made, the
|
22 | | court shall hold a review hearing prior to the expiration date, |
23 | | unless the hearing
is voluntarily waived by the defendant with |
24 | | the knowledge that waiver may result in an
extension of the |
25 | | supervision period or in a revocation of supervision. If the |
26 | | court does not
extend supervision, it shall issue a judgment |
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1 | | for the unpaid restitution and direct the clerk
of the circuit |
2 | | court to file and enter the judgment in the judgment and lien |
3 | | docket, without
fee, unless it finds that the victim has |
4 | | recovered a judgment against the
defendant for the amount |
5 | | covered by the restitution order. If the court issues a
|
6 | | judgment for the unpaid restitution, the court shall send to |
7 | | the defendant at his or her last known
address written |
8 | | notification that a civil judgment has been issued for the |
9 | | unpaid
restitution. |
10 | | (d) The court shall defer entering any judgment on the |
11 | | charges
until the conclusion of the supervision.
|
12 | | (e) At the conclusion of the period of supervision, if the |
13 | | court
determines that the defendant has successfully complied |
14 | | with all of the
conditions of supervision, the court shall |
15 | | discharge the defendant and
enter a judgment dismissing the |
16 | | charges.
|
17 | | (f) Discharge and dismissal upon a successful conclusion of |
18 | | a
disposition of supervision shall be deemed without |
19 | | adjudication of guilt
and shall not be termed a conviction for |
20 | | purposes of disqualification or
disabilities imposed by law |
21 | | upon conviction of a crime. Two years after the
discharge and |
22 | | dismissal under this Section, unless the disposition of
|
23 | | supervision was for a violation of Sections 3-707, 3-708, |
24 | | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a |
25 | | similar
provision of a local ordinance, or for a violation of |
26 | | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 |
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1 | | or the Criminal Code of 2012, in which case it shall be 5
years |
2 | | after discharge and dismissal, a person may have his record
of |
3 | | arrest sealed or expunged as may be provided by law. However, |
4 | | any
defendant placed on supervision before January 1, 1980, may |
5 | | move for
sealing or expungement of his arrest record, as |
6 | | provided by law, at any
time after discharge and dismissal |
7 | | under this Section.
A person placed on supervision for a sexual |
8 | | offense committed against a minor
as defined in clause |
9 | | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or |
10 | | for a violation of Section 11-501 of the Illinois Vehicle Code |
11 | | or a
similar provision of a local ordinance
shall not have his |
12 | | or her record of arrest sealed or expunged.
|
13 | | (g) A defendant placed on supervision and who during the |
14 | | period of
supervision undergoes mandatory drug or alcohol |
15 | | testing, or both, or is
assigned to be placed on an approved |
16 | | electronic monitoring device, shall be
ordered to pay the costs |
17 | | incidental to such mandatory drug or alcohol
testing, or both, |
18 | | and costs incidental to such approved electronic
monitoring in |
19 | | accordance with the defendant's ability to pay those costs.
The |
20 | | county board with the concurrence of the Chief Judge of the |
21 | | judicial
circuit in which the county is located shall establish |
22 | | reasonable fees for
the cost of maintenance, testing, and |
23 | | incidental expenses related to the
mandatory drug or alcohol |
24 | | testing, or both, and all costs incidental to
approved |
25 | | electronic monitoring, of all defendants placed on |
26 | | supervision.
The concurrence of the Chief Judge shall be in the |
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1 | | form of an
administrative order.
The fees shall be collected by |
2 | | the clerk of the circuit court, except as provided in an |
3 | | administrative order of the Chief Judge of the circuit court. |
4 | | The clerk of
the circuit court shall pay all moneys collected |
5 | | from these fees to the county
treasurer who shall use the |
6 | | moneys collected to defray the costs of
drug testing, alcohol |
7 | | testing, and electronic monitoring.
The county treasurer shall |
8 | | deposit the fees collected in the
county working cash fund |
9 | | under Section 6-27001 or Section 6-29002 of the
Counties Code, |
10 | | as the case may be.
|
11 | | The Chief Judge of the circuit court of the county may by |
12 | | administrative order establish a program for electronic |
13 | | monitoring of offenders, in which a vendor supplies and |
14 | | monitors the operation of the electronic monitoring device, and |
15 | | collects the fees on behalf of the county. The program shall |
16 | | include provisions for indigent offenders and the collection of |
17 | | unpaid fees. The program shall not unduly burden the offender |
18 | | and shall be subject to review by the Chief Judge. |
19 | | The Chief Judge of the circuit court may suspend any |
20 | | additional charges or fees for late payment, interest, or |
21 | | damage to any device. |
22 | | (h) A disposition of supervision is a final order for the |
23 | | purposes
of appeal.
|
24 | | (i) The court shall impose upon a defendant placed on |
25 | | supervision
after January 1, 1992 or to community service under |
26 | | the supervision of a
probation or court services department |
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1 | | after January 1, 2004, as a condition
of supervision or |
2 | | supervised community service, a fee of $50 for
each month of |
3 | | supervision or supervised community service ordered by the
|
4 | | court, unless after
determining the inability of the person |
5 | | placed on supervision or supervised
community service to pay |
6 | | the
fee, the court assesses a lesser fee. The court may not |
7 | | impose the fee on a
minor who is placed in the guardianship or |
8 | | custody of the Department of Children and Family Services made |
9 | | a ward of the State under the Juvenile Court Act of 1987
while |
10 | | the minor is in placement.
The fee shall be imposed only upon a
|
11 | | defendant who is actively supervised by the
probation and court |
12 | | services
department. The fee shall be collected by the clerk of |
13 | | the circuit court.
The clerk of the circuit court shall pay all |
14 | | monies collected from this fee
to the county treasurer for |
15 | | deposit in the probation and court services
fund pursuant to |
16 | | Section 15.1 of the Probation and
Probation Officers Act.
|
17 | | A circuit court may not impose a probation fee in excess of |
18 | | $25
per month unless the circuit court has adopted, by |
19 | | administrative
order issued by the chief judge, a standard |
20 | | probation fee guide
determining an offender's ability to pay. |
21 | | Of the
amount collected as a probation fee, not to exceed $5 of |
22 | | that fee
collected per month may be used to provide services to |
23 | | crime victims
and their families. |
24 | | The Court may only waive probation fees based on an |
25 | | offender's ability to pay. The probation department may |
26 | | re-evaluate an offender's ability to pay every 6 months, and, |
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1 | | with the approval of the Director of Court Services or the |
2 | | Chief Probation Officer, adjust the monthly fee amount. An |
3 | | offender may elect to pay probation fees due in a lump sum.
Any |
4 | | offender that has been assigned to the supervision of a |
5 | | probation department, or has been transferred either under |
6 | | subsection (h) of this Section or under any interstate compact, |
7 | | shall be required to pay probation fees to the department |
8 | | supervising the offender, based on the offender's ability to |
9 | | pay.
|
10 | | (j) All fines and costs imposed under this Section for any
|
11 | | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
12 | | Code, or a
similar provision of a local ordinance, and any |
13 | | violation of the Child
Passenger Protection Act, or a similar |
14 | | provision of a local ordinance, shall
be collected and |
15 | | disbursed by the circuit clerk as provided under Section
27.5 |
16 | | of the Clerks of Courts Act.
|
17 | | (k) A defendant at least 17 years of age who is placed on |
18 | | supervision
for a misdemeanor in a county of 3,000,000 or more |
19 | | inhabitants
and who has not been previously convicted of a |
20 | | misdemeanor or felony
may as a condition of his or her |
21 | | supervision be required by the court to
attend educational |
22 | | courses designed to prepare the defendant for a high school
|
23 | | diploma and to work toward a high school diploma or to work |
24 | | toward passing high school equivalency testing or to work
|
25 | | toward completing a vocational training program approved by the |
26 | | court. The
defendant placed on supervision must attend a public |
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1 | | institution of education
to obtain the educational or |
2 | | vocational training required by this subsection
(k). The |
3 | | defendant placed on supervision shall be required to pay for |
4 | | the cost
of the educational courses or high school equivalency |
5 | | testing if a fee is charged for those courses
or testing. The |
6 | | court shall revoke the supervision of a person who wilfully |
7 | | fails
to comply with this subsection (k). The court shall |
8 | | resentence the defendant
upon revocation of supervision as |
9 | | provided in Section 5-6-4. This subsection
(k) does not apply |
10 | | to a defendant who has a high school diploma or has
|
11 | | successfully passed high school equivalency testing. This |
12 | | subsection (k) does not apply to a
defendant who is determined |
13 | | by the court to be a person with a developmental disability or
|
14 | | otherwise mentally incapable of completing the
educational or |
15 | | vocational program.
|
16 | | (l) The court shall require a defendant placed on |
17 | | supervision for
possession of a substance
prohibited by the |
18 | | Cannabis Control Act, the Illinois Controlled Substances Act, |
19 | | or the Methamphetamine Control and Community Protection Act
|
20 | | after a previous conviction or disposition of supervision for |
21 | | possession of a
substance prohibited by the Cannabis Control |
22 | | Act, the Illinois Controlled
Substances Act, or the |
23 | | Methamphetamine Control and Community Protection Act or a |
24 | | sentence of probation under Section 10 of the Cannabis
Control |
25 | | Act or Section 410 of the Illinois Controlled Substances Act
|
26 | | and after a finding by the court that the person is addicted, |
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1 | | to undergo
treatment at a substance abuse program approved by |
2 | | the court.
|
3 | | (m) The Secretary of State shall require anyone placed on |
4 | | court supervision
for a
violation of Section 3-707 of the |
5 | | Illinois Vehicle Code or a similar provision
of a local |
6 | | ordinance
to give proof of his or her financial
responsibility |
7 | | as
defined in Section 7-315 of the Illinois Vehicle Code. The |
8 | | proof shall be
maintained by the individual in a manner |
9 | | satisfactory to the Secretary of State
for
a
minimum period of |
10 | | 3 years after the date the proof is first filed.
The proof |
11 | | shall be limited to a single action per arrest and may not be
|
12 | | affected by any post-sentence disposition. The Secretary of |
13 | | State shall
suspend the driver's license of any person
|
14 | | determined by the Secretary to be in violation of this |
15 | | subsection. |
16 | | (n) Any offender placed on supervision for any offense that |
17 | | the court or probation department has determined to be sexually |
18 | | motivated as defined in the Sex Offender Management Board Act |
19 | | shall be required to refrain from any contact, directly or |
20 | | indirectly, with any persons specified by the court and shall |
21 | | be available for all evaluations and treatment programs |
22 | | required by the court or the probation department.
|
23 | | (o) An offender placed on supervision for a sex offense as |
24 | | defined in the Sex Offender
Management Board Act shall refrain |
25 | | from residing at the same address or in the same condominium |
26 | | unit or apartment unit or in the same condominium complex or |
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1 | | apartment complex with another person he or she knows or |
2 | | reasonably should know is a convicted sex offender or has been |
3 | | placed on supervision for a sex offense. The provisions of this |
4 | | subsection (o) do not apply to a person convicted of a sex |
5 | | offense who is placed in a Department of Corrections licensed |
6 | | transitional housing facility for sex offenders. |
7 | | (p) An offender placed on supervision for an offense |
8 | | committed on or after June 1, 2008
(the effective date of |
9 | | Public Act 95-464)
that would qualify the accused as a child |
10 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
11 | | Criminal Code of 1961 or the Criminal Code of 2012 shall |
12 | | refrain from communicating with or contacting, by means of the |
13 | | Internet, a person who is not related to the accused and whom |
14 | | the accused reasonably believes to be under 18 years of age. |
15 | | For purposes of this subsection (p), "Internet" has the meaning |
16 | | ascribed to it in Section 16-0.1 of the Criminal Code of 2012; |
17 | | and a person is not related to the accused if the person is |
18 | | not: (i) the spouse, brother, or sister of the accused; (ii) a |
19 | | descendant of the accused; (iii) a first or second cousin of |
20 | | the accused; or (iv) a step-child or adopted child of the |
21 | | accused.
|
22 | | (q) An offender placed on supervision for an offense |
23 | | committed on or after June 1, 2008
(the effective date of |
24 | | Public Act 95-464)
that would qualify the accused as a child |
25 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
26 | | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so |
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1 | | ordered by the court, refrain from communicating with or |
2 | | contacting, by means of the Internet, a person who is related |
3 | | to the accused and whom the accused reasonably believes to be |
4 | | under 18 years of age. For purposes of this subsection (q), |
5 | | "Internet" has the meaning ascribed to it in Section 16-0.1 of |
6 | | the Criminal Code of 2012; and a person is related to the |
7 | | accused if the person is: (i) the spouse, brother, or sister of |
8 | | the accused; (ii) a descendant of the accused; (iii) a first or |
9 | | second cousin of the accused; or (iv) a step-child or adopted |
10 | | child of the accused.
|
11 | | (r) An offender placed on supervision for an offense under |
12 | | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a |
13 | | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or |
14 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of |
15 | | 2012, or any attempt to commit any of these offenses, committed |
16 | | on or after June 1, 2009 ( the effective date of Public Act |
17 | | 95-983) this amendatory Act of the 95th General Assembly shall: |
18 | | (i) not access or use a computer or any other device |
19 | | with Internet capability without the prior written |
20 | | approval of the court, except in connection with the |
21 | | offender's employment or search for employment with the |
22 | | prior approval of the court; |
23 | | (ii) submit to periodic unannounced examinations of |
24 | | the offender's computer or any other device with Internet |
25 | | capability by the offender's probation officer, a law |
26 | | enforcement officer, or assigned computer or information |
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1 | | technology specialist, including the retrieval and copying |
2 | | of all data from the computer or device and any internal or |
3 | | external peripherals and removal of such information, |
4 | | equipment, or device to conduct a more thorough inspection; |
5 | | (iii) submit to the installation on the offender's |
6 | | computer or device with Internet capability, at the |
7 | | offender's expense, of one or more hardware or software |
8 | | systems to monitor the Internet use; and |
9 | | (iv) submit to any other appropriate restrictions |
10 | | concerning the offender's use of or access to a computer or |
11 | | any other device with Internet capability imposed by the |
12 | | court. |
13 | | (s) An offender placed on supervision for an offense that |
14 | | is a sex offense as defined in Section 2 of the Sex Offender |
15 | | Registration Act that is committed on or after January 1, 2010 |
16 | | (the effective date of Public Act 96-362) that requires the |
17 | | person to register as a sex offender under that Act, may not |
18 | | knowingly use any computer scrub software on any computer that |
19 | | the sex offender uses. |
20 | | (t) An offender placed on supervision for a sex offense as |
21 | | defined in the Sex Offender
Registration Act committed on or |
22 | | after January 1, 2010 (the effective date of Public Act 96-262) |
23 | | shall refrain from accessing or using a social networking |
24 | | website as defined in Section 17-0.5 of the Criminal Code of |
25 | | 2012. |
26 | | (u) Jurisdiction over an offender may be transferred from |
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1 | | the sentencing court to the court of another circuit with the |
2 | | concurrence of both courts. Further transfers or retransfers of |
3 | | jurisdiction are also authorized in the same manner. The court |
4 | | to which jurisdiction has been transferred shall have the same |
5 | | powers as the sentencing court. The probation department within |
6 | | the circuit to which jurisdiction has been transferred may |
7 | | impose probation fees upon receiving the transferred offender, |
8 | | as provided in subsection (i). The probation department from |
9 | | the original sentencing court shall retain all probation fees |
10 | | collected prior to the transfer. |
11 | | (Source: P.A. 98-718, eff. 1-1-15; 98-940, eff. 1-1-15; 99-78, |
12 | | eff. 7-20-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; |
13 | | 99-797, eff. 8-12-16; revised 9-1-16.) |
14 | | Section 90. The Mental Health and Developmental |
15 | | Disabilities Confidentiality Act is amended by changing |
16 | | Section 9 as follows:
|
17 | | (740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
|
18 | | Sec. 9.
In the course of providing services and after the |
19 | | conclusion of the
provision of services, including for the |
20 | | purposes of treatment and care coordination, a therapist, |
21 | | integrated health system, or member of an interdisciplinary |
22 | | team may use, disclose, or re-disclose a record or |
23 | | communications
without consent to:
|
24 | | (1) the therapist's supervisor, a consulting |
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1 | | therapist, members of a
staff team participating in the |
2 | | provision of services, a record custodian, a business |
3 | | associate, an integrated health system, a member of an |
4 | | interdisciplinary team,
or a person acting under the |
5 | | supervision and control of the therapist;
|
6 | | (2) persons conducting a peer review of the services |
7 | | being provided;
|
8 | | (3) the Institute for Juvenile Research and the |
9 | | Institute for the
Study of Developmental Disabilities;
|
10 | | (4) an attorney or advocate consulted by a therapist or |
11 | | agency which
provides services concerning the therapist's |
12 | | or agency's legal rights or
duties in relation to the |
13 | | recipient and the services being provided; and
|
14 | | (5) the Inspector General of the Department of Children |
15 | | and Family
Services when such records or communications are |
16 | | relevant to a pending
investigation authorized by Section |
17 | | 35.5 of the Children and Family Services
Act where:
|
18 | | (A) the recipient was either (i) a parent, foster |
19 | | parent, or caretaker
who is an alleged perpetrator of |
20 | | abuse or neglect or the subject of a
dependency |
21 | | investigation or (ii) a victim of alleged abuse or |
22 | | neglect who was not a youth in care as defined in |
23 | | Section 4d of the Children and Family Services Act |
24 | | non-ward victim of alleged abuse or
neglect , and
|
25 | | (B) available information demonstrates that the |
26 | | mental health of the
recipient was or should have been |
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1 | | an issue to the safety of the child.
|
2 | | In the course of providing services, a therapist, |
3 | | integrated health system, or member of an interdisciplinary |
4 | | team may disclose a record or
communications without consent to |
5 | | any department, agency, institution or
facility which has |
6 | | custody of the recipient pursuant to State statute or any
court |
7 | | order of commitment.
|
8 | | Information may be disclosed under this Section only to the |
9 | | extent that
knowledge of the record or communications is |
10 | | essential to the purpose for
which disclosure is made and only |
11 | | after the recipient is informed that such
disclosure may be |
12 | | made. A person to whom disclosure is made under this
Section |
13 | | shall not redisclose any information except as provided in this |
14 | | Act.
|
15 | | (Source: P.A. 98-378, eff. 8-16-13.)
|
16 | | Section 95. The Adoption Act is amended by changing |
17 | | Sections 1, 12.2, 18.3, and 18.9 as follows:
|
18 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
|
19 | | Sec. 1. Definitions. When used in this Act, unless the |
20 | | context
otherwise requires:
|
21 | | A. "Child" means a person under legal age subject to |
22 | | adoption under
this Act.
|
23 | | B. "Related child" means a child subject to adoption where |
24 | | either or both of
the adopting parents stands in any of the |
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1 | | following relationships to the child
by blood, marriage, |
2 | | adoption, or civil union: parent, grand-parent, |
3 | | great-grandparent, brother, sister, step-parent,
|
4 | | step-grandparent, step-brother, step-sister, uncle, aunt, |
5 | | great-uncle,
great-aunt, first cousin, or second cousin. A |
6 | | person is related to the child as a first cousin or second |
7 | | cousin if they are both related to the same ancestor as either |
8 | | grandchild or great-grandchild. A child whose parent has |
9 | | executed
a consent to adoption, a surrender, or a waiver |
10 | | pursuant to Section 10 of this Act or whose parent has signed a |
11 | | denial of paternity pursuant to Section 12 of the Vital Records |
12 | | Act or Section 12a of this Act, or whose parent has had his or |
13 | | her parental rights
terminated, is not a related child to that |
14 | | person, unless (1) the consent is
determined to be void or is |
15 | | void pursuant to subsection O of Section 10 of this Act;
or (2) |
16 | | the parent of the child executed a consent to adoption by a |
17 | | specified person or persons pursuant to subsection A-1 of |
18 | | Section 10 of this Act and a court of competent jurisdiction |
19 | | finds that such consent is void; or (3) the order terminating |
20 | | the parental rights of the parent is vacated by a court of |
21 | | competent jurisdiction.
|
22 | | C. "Agency" for the purpose of this Act means a public |
23 | | child welfare agency
or a licensed child welfare agency.
|
24 | | D. "Unfit person" means any person whom the court shall |
25 | | find to be unfit
to have a child, without regard to the |
26 | | likelihood that the child will be
placed for adoption. The |
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1 | | grounds of unfitness are any one or more
of the following, |
2 | | except that a person shall not be considered an unfit
person |
3 | | for the sole reason that the person has relinquished a child in
|
4 | | accordance with the Abandoned Newborn Infant Protection Act:
|
5 | | (a) Abandonment of the child.
|
6 | | (a-1) Abandonment of a newborn infant in a hospital.
|
7 | | (a-2) Abandonment of a newborn infant in any setting |
8 | | where the evidence
suggests that the parent intended to |
9 | | relinquish his or her parental rights.
|
10 | | (b) Failure to maintain a reasonable degree of |
11 | | interest, concern or
responsibility as to the child's |
12 | | welfare.
|
13 | | (c) Desertion of the child for more than 3 months next |
14 | | preceding the
commencement of the Adoption proceeding.
|
15 | | (d) Substantial neglect
of the
child if continuous or |
16 | | repeated.
|
17 | | (d-1) Substantial neglect, if continuous or repeated, |
18 | | of any child
residing in the household which resulted in |
19 | | the death of that child.
|
20 | | (e) Extreme or repeated cruelty to the child.
|
21 | | (f) There is a rebuttable presumption, which can be |
22 | | overcome only by clear and convincing evidence, that a |
23 | | parent is unfit if:
|
24 | | (1) Two or more findings of physical abuse have |
25 | | been entered regarding any children under Section 2-21 |
26 | | of the Juvenile Court Act
of 1987, the most recent of |
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1 | | which was determined by the juvenile court
hearing the |
2 | | matter to be supported by clear and convincing |
3 | | evidence; or |
4 | | (2) The parent has been convicted or found not |
5 | | guilty by reason of insanity and the conviction or |
6 | | finding resulted from the death of any child by |
7 | | physical abuse; or
|
8 | | (3) There is a finding of physical child abuse |
9 | | resulting from the death of any
child under Section |
10 | | 2-21 of the
Juvenile Court Act of 1987. |
11 | | No conviction or finding of delinquency pursuant to |
12 | | Article V of the Juvenile Court Act of 1987 shall be |
13 | | considered a criminal conviction for the purpose of |
14 | | applying any presumption under this item (f).
|
15 | | (g) Failure to protect the child from conditions within |
16 | | his environment
injurious to the child's welfare.
|
17 | | (h) Other neglect of, or misconduct toward the child; |
18 | | provided that in
making a finding of unfitness the court |
19 | | hearing the adoption proceeding
shall not be bound by any |
20 | | previous finding, order or judgment affecting
or |
21 | | determining the rights of the parents toward the child |
22 | | sought to be adopted
in any other proceeding except such |
23 | | proceedings terminating parental rights
as shall be had |
24 | | under either this Act, the Juvenile Court Act or
the |
25 | | Juvenile Court Act of 1987.
|
26 | | (i) Depravity. Conviction of any one of the following
|
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1 | | crimes shall create a presumption that a parent is depraved |
2 | | which can be
overcome only by clear and convincing |
3 | | evidence:
(1) first degree murder in violation of paragraph |
4 | | 1 or
2 of subsection (a) of Section 9-1 of the Criminal |
5 | | Code of 1961 or the Criminal Code of 2012 or conviction
of |
6 | | second degree murder in violation of subsection (a) of |
7 | | Section 9-2 of the
Criminal Code of 1961 or the Criminal |
8 | | Code of 2012 of a parent of the child to be adopted; (2)
|
9 | | first degree murder or second degree murder of any child in
|
10 | | violation of the Criminal Code of 1961 or the Criminal Code |
11 | | of 2012; (3)
attempt or conspiracy to commit first degree |
12 | | murder or second degree murder
of any child in violation of |
13 | | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
|
14 | | solicitation to commit murder of any child, solicitation to
|
15 | | commit murder of any child for hire, or solicitation to |
16 | | commit second
degree murder of any child in violation of |
17 | | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
|
18 | | predatory criminal sexual assault of a child in violation |
19 | | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 |
20 | | or the Criminal Code of 2012; (6) heinous battery of any |
21 | | child in violation of the Criminal Code of 1961; or (7) |
22 | | aggravated battery of any child in violation of the |
23 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
24 | | There is a rebuttable presumption that a parent is |
25 | | depraved if the parent
has been criminally convicted of at |
26 | | least 3 felonies under the laws of this
State or any other |
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1 | | state, or under federal law, or the criminal laws of any
|
2 | | United States territory; and at least
one of these
|
3 | | convictions took place within 5 years of the filing of the |
4 | | petition or motion
seeking termination of parental rights.
|
5 | | There is a rebuttable presumption that a parent is |
6 | | depraved if that
parent
has
been criminally convicted of |
7 | | either first or second degree murder of any person
as |
8 | | defined in the Criminal Code of 1961 or the Criminal Code |
9 | | of 2012 within 10 years of the filing date of
the petition |
10 | | or motion to terminate parental rights. |
11 | | No conviction or finding of delinquency pursuant to |
12 | | Article 5 of the Juvenile Court Act of 1987 shall be |
13 | | considered a criminal conviction for the purpose of |
14 | | applying any presumption under this item (i).
|
15 | | (j) Open and notorious adultery or fornication.
|
16 | | (j-1) (Blank).
|
17 | | (k) Habitual drunkenness or addiction to drugs, other |
18 | | than those
prescribed by a physician, for at least one year |
19 | | immediately
prior to the commencement of the unfitness |
20 | | proceeding.
|
21 | | There is a rebuttable presumption that a parent is |
22 | | unfit under this
subsection
with respect to any child to |
23 | | which that parent gives birth where there is a
confirmed
|
24 | | test result that at birth the child's blood, urine, or |
25 | | meconium contained any
amount of a controlled substance as |
26 | | defined in subsection (f) of Section 102 of
the Illinois |
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1 | | Controlled Substances Act or metabolites of such |
2 | | substances, the
presence of which in the newborn infant was |
3 | | not the result of medical treatment
administered to the |
4 | | mother or the newborn infant; and the biological mother of
|
5 | | this child is the biological mother of at least one other |
6 | | child who was
adjudicated a neglected minor under |
7 | | subsection (c) of Section 2-3 of the
Juvenile Court Act of |
8 | | 1987.
|
9 | | (l) Failure to demonstrate a reasonable degree of |
10 | | interest, concern or
responsibility as to the welfare of a |
11 | | new born child during the first 30
days after its birth.
|
12 | | (m) Failure by a parent (i) to make reasonable efforts |
13 | | to correct the
conditions that were the basis for the |
14 | | removal of the child from the
parent during any 9-month |
15 | | period following the adjudication of neglected or abused |
16 | | minor under Section 2-3 of the Juvenile Court Act of 1987 |
17 | | or dependent minor under Section 2-4 of that Act, or (ii) |
18 | | to make reasonable progress
toward the return of the
child |
19 | | to the parent during any 9-month period following the |
20 | | adjudication of
neglected or abused minor under Section 2-3 |
21 | | of the Juvenile Court
Act of 1987 or dependent minor under |
22 | | Section 2-4 of that Act.
If a service plan has been |
23 | | established as
required under
Section 8.2 of the Abused and |
24 | | Neglected Child Reporting Act to correct the
conditions |
25 | | that were the basis for the removal of the child from the |
26 | | parent
and if those services were available,
then, for |
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1 | | purposes of this Act, "failure to make reasonable progress |
2 | | toward the
return of the child to the parent" includes the |
3 | | parent's failure to substantially fulfill his or her |
4 | | obligations
under
the service plan and correct the |
5 | | conditions that brought the child into care
during any |
6 | | 9-month period
following the adjudication under Section |
7 | | 2-3 or 2-4 of the Juvenile Court
Act of 1987. |
8 | | Notwithstanding any other provision, when a petition or |
9 | | motion seeks to terminate parental rights on the basis of |
10 | | item (ii) of this subsection (m), the petitioner shall file |
11 | | with the court and serve on the parties a pleading that |
12 | | specifies the 9-month period or periods relied on. The |
13 | | pleading shall be filed and served on the parties no later |
14 | | than 3 weeks before the date set by the court for closure |
15 | | of discovery, and the allegations in the pleading shall be |
16 | | treated as incorporated into the petition or motion. |
17 | | Failure of a respondent to file a written denial of the |
18 | | allegations in the pleading shall not be treated as an |
19 | | admission that the allegations are true.
|
20 | | (m-1) (Blank).
|
21 | | (n) Evidence of intent to forgo his or her parental |
22 | | rights,
whether or
not the child is a ward of the court, |
23 | | (1) as manifested
by his or her failure for a period of 12 |
24 | | months: (i) to visit the child,
(ii) to communicate with |
25 | | the child or agency, although able to do so and
not |
26 | | prevented from doing so by an agency or by court order, or |
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1 | | (iii) to
maintain contact with or plan for the future of |
2 | | the child, although physically
able to do so, or (2) as |
3 | | manifested by the father's failure, where he
and the mother |
4 | | of the child were unmarried to each other at the time of |
5 | | the
child's birth, (i) to commence legal proceedings to |
6 | | establish his paternity
under the Illinois Parentage Act of |
7 | | 1984, the Illinois Parentage Act of 2015, or the law of the |
8 | | jurisdiction of
the child's birth within 30 days of being |
9 | | informed, pursuant to Section 12a
of this Act, that he is |
10 | | the father or the likely father of the child or,
after |
11 | | being so informed where the child is not yet born, within |
12 | | 30 days of
the child's birth, or (ii) to make a good faith |
13 | | effort to pay a reasonable
amount of the expenses related |
14 | | to the birth of the child and to provide a
reasonable |
15 | | amount for the financial support of the child, the court to
|
16 | | consider in its determination all relevant circumstances, |
17 | | including the
financial condition of both parents; |
18 | | provided that the ground for
termination provided in this |
19 | | subparagraph (n)(2)(ii) shall only be
available where the |
20 | | petition is brought by the mother or the husband of
the |
21 | | mother.
|
22 | | Contact or communication by a parent with his or her |
23 | | child that does not
demonstrate affection and concern does |
24 | | not constitute reasonable contact
and planning under |
25 | | subdivision (n). In the absence of evidence to the
|
26 | | contrary, the ability to visit, communicate, maintain |
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1 | | contact, pay
expenses and plan for the future shall be |
2 | | presumed. The subjective intent
of the parent, whether |
3 | | expressed or otherwise, unsupported by evidence of
the |
4 | | foregoing parental acts manifesting that intent, shall not |
5 | | preclude a
determination that the parent has intended to |
6 | | forgo his or her
parental
rights. In making this |
7 | | determination, the court may consider but shall not
require |
8 | | a showing of diligent efforts by an authorized agency to |
9 | | encourage
the parent to perform the acts specified in |
10 | | subdivision (n).
|
11 | | It shall be an affirmative defense to any allegation |
12 | | under paragraph
(2) of this subsection that the father's |
13 | | failure was due to circumstances
beyond his control or to |
14 | | impediments created by the mother or any other
person |
15 | | having legal custody. Proof of that fact need only be by a
|
16 | | preponderance of the evidence.
|
17 | | (o) Repeated or continuous failure by the parents, |
18 | | although physically
and financially able, to provide the |
19 | | child with adequate food, clothing,
or shelter.
|
20 | | (p) Inability to discharge parental responsibilities |
21 | | supported by
competent evidence from a psychiatrist, |
22 | | licensed clinical social
worker, or clinical psychologist |
23 | | of mental
impairment, mental illness or an intellectual |
24 | | disability as defined in Section
1-116 of the Mental Health |
25 | | and Developmental Disabilities Code, or
developmental |
26 | | disability as defined in Section 1-106 of that Code, and
|
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1 | | there is sufficient justification to believe that the |
2 | | inability to
discharge parental responsibilities shall |
3 | | extend beyond a reasonable
time period. However, this |
4 | | subdivision (p) shall not be construed so as to
permit a |
5 | | licensed clinical social worker to conduct any medical |
6 | | diagnosis to
determine mental illness or mental |
7 | | impairment.
|
8 | | (q) (Blank).
|
9 | | (r) The child is in the temporary custody or |
10 | | guardianship of the
Department of Children and Family |
11 | | Services, the parent is incarcerated as a
result of |
12 | | criminal conviction at the time the petition or motion for
|
13 | | termination of parental rights is filed, prior to |
14 | | incarceration the parent had
little or no contact with the |
15 | | child or provided little or no support for the
child, and |
16 | | the parent's incarceration will prevent the parent from |
17 | | discharging
his or her parental responsibilities for the |
18 | | child for a period in excess of 2
years after the filing of |
19 | | the petition or motion for termination of parental
rights.
|
20 | | (s) The child is in the temporary custody or |
21 | | guardianship of the
Department of Children and Family |
22 | | Services, the parent is incarcerated at the
time the |
23 | | petition or motion for termination of parental rights is |
24 | | filed, the
parent has been repeatedly incarcerated as a |
25 | | result of criminal convictions,
and the parent's repeated |
26 | | incarceration has prevented the parent from
discharging |
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1 | | his or her parental responsibilities for the child.
|
2 | | (t) A finding that at birth the child's blood,
urine, |
3 | | or meconium contained any amount of a controlled substance |
4 | | as
defined in subsection (f) of Section 102 of the Illinois |
5 | | Controlled Substances
Act, or a metabolite of a controlled |
6 | | substance, with the exception of
controlled substances or |
7 | | metabolites of such substances, the presence of which
in |
8 | | the newborn infant was the result of medical treatment |
9 | | administered to the
mother or the newborn infant, and that |
10 | | the biological mother of this child is
the biological |
11 | | mother of at least one other child who was adjudicated a
|
12 | | neglected minor under subsection (c) of Section 2-3 of the |
13 | | Juvenile Court Act
of 1987, after which the biological |
14 | | mother had the opportunity to enroll in
and participate in |
15 | | a clinically appropriate substance abuse
counseling, |
16 | | treatment, and rehabilitation program.
|
17 | | E. "Parent" means a person who is the legal mother or legal |
18 | | father of the child as defined in subsection X or Y of this |
19 | | Section. For the purpose of this Act, a parent who has executed |
20 | | a consent to adoption, a surrender, or a waiver pursuant to |
21 | | Section 10 of this Act, who has signed a Denial of Paternity |
22 | | pursuant to Section 12 of the Vital Records Act or Section 12a |
23 | | of this Act, or whose parental rights have been terminated by a |
24 | | court, is not a parent of the child who was the subject of the |
25 | | consent, surrender, waiver, or denial unless (1) the consent is |
26 | | void pursuant to subsection O of Section 10 of this Act; or (2) |
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1 | | the person executed a consent to adoption by a specified person |
2 | | or persons pursuant to subsection A-1 of Section 10 of this Act |
3 | | and a court of competent jurisdiction finds that the consent is |
4 | | void; or (3) the order terminating the parental rights of the |
5 | | person is vacated by a court of competent jurisdiction.
|
6 | | F. A person is available for adoption when the person is:
|
7 | | (a) a child who has been surrendered for adoption to an |
8 | | agency and to
whose adoption the agency has thereafter |
9 | | consented;
|
10 | | (b) a child to whose adoption a person authorized by |
11 | | law, other than his
parents, has consented, or to whose |
12 | | adoption no consent is required pursuant
to Section 8 of |
13 | | this Act;
|
14 | | (c) a child who is in the custody of persons who intend |
15 | | to adopt him
through placement made by his parents;
|
16 | | (c-1) a child for whom a parent has signed a specific |
17 | | consent pursuant
to subsection O of Section 10;
|
18 | | (d) an adult who meets the conditions set forth in |
19 | | Section 3 of this
Act; or
|
20 | | (e) a child who has been relinquished as defined in |
21 | | Section 10 of the
Abandoned Newborn Infant Protection Act.
|
22 | | A person who would otherwise be available for adoption |
23 | | shall not be
deemed unavailable for adoption solely by reason |
24 | | of his or her death.
|
25 | | G. The singular includes the plural and the plural includes
|
26 | | the singular and the "male" includes the "female", as the |
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1 | | context of this
Act may require.
|
2 | | H. (Blank).
|
3 | | I. "Habitual residence" has the meaning ascribed to it in |
4 | | the federal Intercountry Adoption Act of 2000 and regulations |
5 | | promulgated thereunder.
|
6 | | J. "Immediate relatives" means the biological parents, the |
7 | | parents of
the biological parents and siblings of the |
8 | | biological parents.
|
9 | | K. "Intercountry adoption" is a process by which a child |
10 | | from a country
other than the United States is adopted by |
11 | | persons who are habitual residents of the United States, or the |
12 | | child is a habitual resident of the United States who is |
13 | | adopted by persons who are habitual residents of a country |
14 | | other than the United States.
|
15 | | L. (Blank).
|
16 | | M. "Interstate Compact on the Placement of Children" is a |
17 | | law enacted by all
states and certain territories for the |
18 | | purpose of establishing uniform procedures for handling
the |
19 | | interstate placement of children in foster homes, adoptive |
20 | | homes, or
other child care facilities.
|
21 | | N. (Blank).
|
22 | | O. "Preadoption requirements" means any conditions or |
23 | | standards established by the laws or administrative rules of |
24 | | this State that must be met by a prospective adoptive parent
|
25 | | prior to the placement of a child in an adoptive home.
|
26 | | P. "Abused child" means a child whose parent or immediate |
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1 | | family member,
or any person responsible for the child's |
2 | | welfare, or any individual
residing in the same home as the |
3 | | child, or a paramour of the child's parent:
|
4 | | (a) inflicts, causes to be inflicted, or allows to be |
5 | | inflicted upon
the child physical injury, by other than |
6 | | accidental means, that causes
death, disfigurement, |
7 | | impairment of physical or emotional health, or loss
or |
8 | | impairment of any bodily function;
|
9 | | (b) creates a substantial risk of physical injury to |
10 | | the child by
other than accidental means which would be |
11 | | likely to cause death,
disfigurement, impairment of |
12 | | physical or emotional health, or loss or
impairment of any |
13 | | bodily function;
|
14 | | (c) commits or allows to be committed any sex offense |
15 | | against the child,
as sex offenses are defined in the |
16 | | Criminal Code of 2012
and extending those definitions of |
17 | | sex offenses to include children under
18 years of age;
|
18 | | (d) commits or allows to be committed an act or acts of |
19 | | torture upon
the child; or
|
20 | | (e) inflicts excessive corporal punishment.
|
21 | | Q. "Neglected child" means any child whose parent or other |
22 | | person
responsible for the child's welfare withholds or denies |
23 | | nourishment or
medically indicated treatment including food or |
24 | | care denied solely on the
basis of the present or anticipated |
25 | | mental or physical impairment as determined
by a physician |
26 | | acting alone or in consultation with other physicians or
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1 | | otherwise does not provide the proper or necessary support, |
2 | | education
as required by law, or medical or other remedial care |
3 | | recognized under State
law as necessary for a child's |
4 | | well-being, or other care necessary for his
or her well-being, |
5 | | including adequate food, clothing and shelter; or who
is |
6 | | abandoned by his or her parents or other person responsible for |
7 | | the child's
welfare.
|
8 | | A child shall not be considered neglected or abused for the
|
9 | | sole reason that the child's parent or other person responsible |
10 | | for his
or her welfare depends upon spiritual means through |
11 | | prayer alone for the
treatment or cure of disease or remedial |
12 | | care as provided under Section 4
of the Abused and Neglected |
13 | | Child Reporting Act.
A child shall not be considered neglected |
14 | | or abused for the sole reason that
the child's parent or other |
15 | | person responsible for the child's welfare failed
to vaccinate, |
16 | | delayed vaccination, or refused vaccination for the child
due |
17 | | to a waiver on religious or medical grounds as permitted by |
18 | | law.
|
19 | | R. "Putative father" means a man who may be a child's |
20 | | father, but who (1) is
not married to the child's mother on or |
21 | | before the date that the child was or
is to be born and (2) has |
22 | | not established paternity of the child in a court
proceeding |
23 | | before the filing of a petition for the adoption of the child. |
24 | | The
term includes a male who is less than 18 years of age. |
25 | | "Putative father" does
not mean a man who is the child's father |
26 | | as a result of criminal sexual abuse
or assault as defined |
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1 | | under Article 11 of the Criminal Code of 2012.
|
2 | | S. "Standby adoption" means an adoption in which a parent
|
3 | | consents to custody and termination of parental rights to |
4 | | become
effective upon the occurrence of a future event, which |
5 | | is either the death of
the
parent or the request of the parent
|
6 | | for the entry of a final judgment of adoption.
|
7 | | T. (Blank).
|
8 | | T-5. "Biological parent", "birth parent", or "natural |
9 | | parent" of a child are interchangeable terms that mean a person |
10 | | who is biologically or genetically related to that child as a |
11 | |