103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3237

 

Introduced 2/17/2023, by Rep. Lakesia Collins

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/1-3  from Ch. 37, par. 801-3
705 ILCS 405/2-3  from Ch. 37, par. 802-3
705 ILCS 405/2-10  from Ch. 37, par. 802-10
705 ILCS 405/2-18  from Ch. 37, par. 802-18
705 ILCS 405/2-21  from Ch. 37, par. 802-21
705 ILCS 405/2-27  from Ch. 37, par. 802-27

    Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that the court's finding that there is probable cause that the minor is abused or neglected cannot be based solely on domestic violence against the parent, guardian, or custodian, even if the domestic violence occurred in the presence of the minor. Provides that any probable cause determination must be supported by a factual basis that is unrelated to domestic violence against a parent, guardian, or custodian and that is sufficient to independently support a finding of probable cause of abuse or neglect under the Act. Provides that an environment is injurious if conditions in the child's environment create a real, significant and imminent likelihood of moderate to severe harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence".


LRB103 30340 RLC 56770 b

 

 

A BILL FOR

 

HB3237LRB103 30340 RLC 56770 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 1-3, 2-3, 2-10, 2-18, 2-21, and 2-27 as
6follows:
 
7    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
8    Sec. 1-3. Definitions. Terms used in this Act, unless the
9context otherwise requires, have the following meanings
10ascribed to them:
11    (1) "Adjudicatory hearing" means a hearing to determine
12whether the allegations of a petition under Section 2-13, 3-15
13or 4-12 that a minor under 18 years of age is abused, neglected
14or dependent, or requires authoritative intervention, or
15addicted, respectively, are supported by a preponderance of
16the evidence or whether the allegations of a petition under
17Section 5-520 that a minor is delinquent are proved beyond a
18reasonable doubt.
19    (2) "Adult" means a person 21 years of age or older.
20    (3) "Agency" means a public or private child care facility
21legally authorized or licensed by this State for placement or
22institutional care or for both placement and institutional
23care.

 

 

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1    (4) "Association" means any organization, public or
2private, engaged in welfare functions which include services
3to or on behalf of children but does not include "agency" as
4herein defined.
5    (4.05) Whenever a "best interest" determination is
6required, the following factors shall be considered in the
7context of the child's age and developmental needs:
8        (a) the physical safety and welfare of the child,
9    including food, shelter, health, and clothing;
10        (b) the development of the child's identity;
11        (c) the child's background and ties, including
12    familial, cultural, and religious;
13        (d) the child's sense of attachments, including:
14            (i) where the child actually feels love,
15        attachment, and a sense of being valued (as opposed to
16        where adults believe the child should feel such love,
17        attachment, and a sense of being valued);
18            (ii) the child's sense of security;
19            (iii) the child's sense of familiarity;
20            (iv) continuity of affection for the child;
21            (v) the least disruptive placement alternative for
22        the child;
23        (e) the child's wishes and long-term goals;
24        (f) the child's community ties, including church,
25    school, and friends;
26        (g) the child's need for permanence which includes the

 

 

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1    child's need for stability and continuity of relationships
2    with parent figures and with siblings and other relatives;
3        (h) the uniqueness of every family and child;
4        (i) the risks attendant to entering and being in
5    substitute care; and
6        (j) the preferences of the persons available to care
7    for the child.
8    (4.1) "Chronic truant" shall have the definition ascribed
9to it in Section 26-2a of the School Code.
10    (5) "Court" means the circuit court in a session or
11division assigned to hear proceedings under this Act.
12    (6) "Dispositional hearing" means a hearing to determine
13whether a minor should be adjudged to be a ward of the court,
14and to determine what order of disposition should be made in
15respect to a minor adjudged to be a ward of the court.
16    (6.5) "Dissemination" or "disseminate" means to publish,
17produce, print, manufacture, distribute, sell, lease, exhibit,
18broadcast, display, transmit, or otherwise share information
19in any format so as to make the information accessible to
20others.
21    (6.6) "Domestic violence" has the meaning ascribed to it
22in paragraphs (1) and (3) of Section 103 of the Illinois
23Domestic Violence Act of 1986 and includes a violation of
24Section 12-4.4a of the Criminal Code of 2012.
25    (7) "Emancipated minor" means any minor 16 years of age or
26over who has been completely or partially emancipated under

 

 

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1the Emancipation of Minors Act or under this Act.
2    (7.03) "Expunge" means to physically destroy the records
3and to obliterate the minor's name from any official index,
4public record, or electronic database.
5    (7.05) "Foster parent" includes a relative caregiver
6selected by the Department of Children and Family Services to
7provide care for the minor.
8    (8) "Guardianship of the person" of a minor means the duty
9and authority to act in the best interests of the minor,
10subject to residual parental rights and responsibilities, to
11make important decisions in matters having a permanent effect
12on the life and development of the minor and to be concerned
13with his or her general welfare. It includes but is not
14necessarily limited to:
15        (a) the authority to consent to marriage, to
16    enlistment in the armed forces of the United States, or to
17    a major medical, psychiatric, and surgical treatment; to
18    represent the minor in legal actions; and to make other
19    decisions of substantial legal significance concerning the
20    minor;
21        (b) the authority and duty of reasonable visitation,
22    except to the extent that these have been limited in the
23    best interests of the minor by court order;
24        (c) the rights and responsibilities of legal custody
25    except where legal custody has been vested in another
26    person or agency; and

 

 

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1        (d) the power to consent to the adoption of the minor,
2    but only if expressly conferred on the guardian in
3    accordance with Section 2-29, 3-30, or 4-27.
4    (8.1) "Juvenile court record" includes, but is not limited
5to:
6        (a) all documents filed in or maintained by the
7    juvenile court pertaining to a specific incident,
8    proceeding, or individual;
9        (b) all documents relating to a specific incident,
10    proceeding, or individual made available to or maintained
11    by probation officers;
12        (c) all documents, video or audio tapes, photographs,
13    and exhibits admitted into evidence at juvenile court
14    hearings; or
15        (d) all documents, transcripts, records, reports, or
16    other evidence prepared by, maintained by, or released by
17    any municipal, county, or State agency or department, in
18    any format, if indicating involvement with the juvenile
19    court relating to a specific incident, proceeding, or
20    individual.
21    (8.2) "Juvenile law enforcement record" includes records
22of arrest, station adjustments, fingerprints, probation
23adjustments, the issuance of a notice to appear, or any other
24records or documents maintained by any law enforcement agency
25relating to a minor suspected of committing an offense, and
26records maintained by a law enforcement agency that identifies

 

 

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1a juvenile as a suspect in committing an offense, but does not
2include records identifying a juvenile as a victim, witness,
3or missing juvenile and any records created, maintained, or
4used for purposes of referral to programs relating to
5diversion as defined in subsection (6) of Section 5-105.
6    (9) "Legal custody" means the relationship created by an
7order of court in the best interests of the minor which imposes
8on the custodian the responsibility of physical possession of
9a minor and the duty to protect, train and discipline him and
10to provide him with food, shelter, education and ordinary
11medical care, except as these are limited by residual parental
12rights and responsibilities and the rights and
13responsibilities of the guardian of the person, if any.
14    (9.1) "Mentally capable adult relative" means a person 21
15years of age or older who is not suffering from a mental
16illness that prevents him or her from providing the care
17necessary to safeguard the physical safety and welfare of a
18minor who is left in that person's care by the parent or
19parents or other person responsible for the minor's welfare.
20    (10) "Minor" means a person under the age of 21 years
21subject to this Act.
22    (11) "Parent" means a father or mother of a child and
23includes any adoptive parent. It also includes a person (i)
24whose parentage is presumed or has been established under the
25law of this or another jurisdiction or (ii) who has registered
26with the Putative Father Registry in accordance with Section

 

 

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112.1 of the Adoption Act and whose paternity has not been ruled
2out under the law of this or another jurisdiction. It does not
3include a parent whose rights in respect to the minor have been
4terminated in any manner provided by law. It does not include a
5person who has been or could be determined to be a parent under
6the Illinois Parentage Act of 1984 or the Illinois Parentage
7Act of 2015, or similar parentage law in any other state, if
8that person has been convicted of or pled nolo contendere to a
9crime that resulted in the conception of the child under
10Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
1112-14.1, subsection (a) or (b) (but not subsection (c)) of
12Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
13(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
14Criminal Code of 1961 or the Criminal Code of 2012, or similar
15statute in another jurisdiction unless upon motion of any
16party, other than the offender, to the juvenile court
17proceedings the court finds it is in the child's best interest
18to deem the offender a parent for purposes of the juvenile
19court proceedings.
20    (11.1) "Permanency goal" means a goal set by the court as
21defined in subdivision (2) of Section 2-28.
22    (11.2) "Permanency hearing" means a hearing to set the
23permanency goal and to review and determine (i) the
24appropriateness of the services contained in the plan and
25whether those services have been provided, (ii) whether
26reasonable efforts have been made by all the parties to the

 

 

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1service plan to achieve the goal, and (iii) whether the plan
2and goal have been achieved.
3    (12) "Petition" means the petition provided for in Section
42-13, 3-15, 4-12 or 5-520, including any supplemental
5petitions thereunder in Section 3-15, 4-12 or 5-520.
6    (12.1) "Physically capable adult relative" means a person
721 years of age or older who does not have a severe physical
8disability or medical condition, or is not suffering from
9alcoholism or drug addiction, that prevents him or her from
10providing the care necessary to safeguard the physical safety
11and welfare of a minor who is left in that person's care by the
12parent or parents or other person responsible for the minor's
13welfare.
14    (12.2) "Post Permanency Sibling Contact Agreement" has the
15meaning ascribed to the term in Section 7.4 of the Children and
16Family Services Act.
17    (12.3) "Residential treatment center" means a licensed
18setting that provides 24-hour care to children in a group home
19or institution, including a facility licensed as a child care
20institution under Section 2.06 of the Child Care Act of 1969, a
21licensed group home under Section 2.16 of the Child Care Act of
221969, a secure child care facility as defined in paragraph
23(18) of this Section, or any similar facility in another
24state. "Residential treatment center" does not include a
25relative foster home or a licensed foster family home.
26    (13) "Residual parental rights and responsibilities" means

 

 

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1those rights and responsibilities remaining with the parent
2after the transfer of legal custody or guardianship of the
3person, including, but not necessarily limited to, the right
4to reasonable visitation (which may be limited by the court in
5the best interests of the minor as provided in subsection
6(8)(b) of this Section), the right to consent to adoption, the
7right to determine the minor's religious affiliation, and the
8responsibility for his support.
9    (14) "Shelter" means the temporary care of a minor in
10physically unrestricting facilities pending court disposition
11or execution of court order for placement.
12    (14.05) "Shelter placement" means a temporary or emergency
13placement for a minor, including an emergency foster home
14placement.
15    (14.1) "Sibling Contact Support Plan" has the meaning
16ascribed to the term in Section 7.4 of the Children and Family
17Services Act.
18    (14.2) "Significant event report" means a written document
19describing an occurrence or event beyond the customary
20operations, routines, or relationships in the Department of
21Children of Family Services, a child care facility, or other
22entity that is licensed or regulated by the Department of
23Children of Family Services or that provides services for the
24Department of Children of Family Services under a grant,
25contract, or purchase of service agreement; involving children
26or youth, employees, foster parents, or relative caregivers;

 

 

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1allegations of abuse or neglect or any other incident raising
2a concern about the well-being of a minor under the
3jurisdiction of the court under Article II of the Juvenile
4Court Act; incidents involving damage to property, allegations
5of criminal activity, misconduct, or other occurrences
6affecting the operations of the Department of Children of
7Family Services or a child care facility; any incident that
8could have media impact; and unusual incidents as defined by
9Department of Children and Family Services rule.
10    (15) "Station adjustment" means the informal handling of
11an alleged offender by a juvenile police officer.
12    (16) "Ward of the court" means a minor who is so adjudged
13under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
14requisite jurisdictional facts, and thus is subject to the
15dispositional powers of the court under this Act.
16    (17) "Juvenile police officer" means a sworn police
17officer who has completed a Basic Recruit Training Course, has
18been assigned to the position of juvenile police officer by
19his or her chief law enforcement officer and has completed the
20necessary juvenile officers training as prescribed by the
21Illinois Law Enforcement Training Standards Board, or in the
22case of a State police officer, juvenile officer training
23approved by the Director of the Illinois State Police.
24    (18) "Secure child care facility" means any child care
25facility licensed by the Department of Children and Family
26Services to provide secure living arrangements for children

 

 

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1under 18 years of age who are subject to placement in
2facilities under the Children and Family Services Act and who
3are not subject to placement in facilities for whom standards
4are established by the Department of Corrections under Section
53-15-2 of the Unified Code of Corrections. "Secure child care
6facility" also means a facility that is designed and operated
7to ensure that all entrances and exits from the facility, a
8building, or a distinct part of the building are under the
9exclusive control of the staff of the facility, whether or not
10the child has the freedom of movement within the perimeter of
11the facility, building, or distinct part of the building.
12(Source: P.A. 102-538, eff. 8-20-21.)
 
13    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
14    Sec. 2-3. Neglected or abused minor.
15    (1) Those who are neglected include:
16        (a) any minor under 18 years of age or a minor 18 years
17    of age or older for whom the court has made a finding of
18    probable cause to believe that the minor is abused,
19    neglected, or dependent under subsection (1) of Section
20    2-10 prior to the minor's 18th birthday who is not
21    receiving the proper or necessary support, education as
22    required by law, or medical or other remedial care
23    recognized under State law as necessary for a minor's
24    well-being, or other care necessary for his or her
25    well-being, including adequate food, clothing and shelter,

 

 

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1    or who is abandoned by his or her parent or parents or
2    other person or persons responsible for the minor's
3    welfare, except that a minor shall not be considered
4    neglected for the sole reason that the minor's parent or
5    parents or other person or persons responsible for the
6    minor's welfare have left the minor in the care of an adult
7    relative for any period of time, who the parent or parents
8    or other person responsible for the minor's welfare know
9    is both a mentally capable adult relative and physically
10    capable adult relative, as defined by this Act; or
11        (b) any minor under 18 years of age or a minor 18 years
12    of age or older for whom the court has made a finding of
13    probable cause to believe that the minor is abused,
14    neglected, or dependent under subsection (1) of Section
15    2-10 prior to the minor's 18th birthday whose environment
16    is injurious to his or her welfare. An environment is
17    injurious if conditions in the child's environment create
18    a real, significant and imminent likelihood of moderate to
19    severe harm to the child's health, well-being, or welfare
20    and the parent or caretaker blatantly disregarded his or
21    her parental responsibility to prevent or mitigate such
22    harm; or
23        (c) any newborn infant whose blood, urine, or meconium
24    contains any amount of a controlled substance as defined
25    in subsection (f) of Section 102 of the Illinois
26    Controlled Substances Act, as now or hereafter amended, or

 

 

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1    a metabolite of a controlled substance, with the exception
2    of controlled substances or metabolites of such
3    substances, the presence of which in the newborn infant is
4    the result of medical treatment administered to the mother
5    or the newborn infant; or
6        (d) any minor under the age of 14 years whose parent or
7    other person responsible for the minor's welfare leaves
8    the minor without supervision for an unreasonable period
9    of time without regard for the mental or physical health,
10    safety, or welfare of that minor; or
11        (e) any minor who has been provided with interim
12    crisis intervention services under Section 3-5 of this Act
13    and whose parent, guardian, or custodian refuses to permit
14    the minor to return home unless the minor is an immediate
15    physical danger to himself, herself, or others living in
16    the home.
17    Whether the minor was left without regard for the mental
18or physical health, safety, or welfare of that minor or the
19period of time was unreasonable shall be determined by
20considering the following factors, including but not limited
21to:
22        (1) the age of the minor;
23        (2) the number of minors left at the location;
24        (3) special needs of the minor, including whether the
25    minor is a person with a physical or mental disability, or
26    otherwise in need of ongoing prescribed medical treatment

 

 

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1    such as periodic doses of insulin or other medications;
2        (4) the duration of time in which the minor was left
3    without supervision;
4        (5) the condition and location of the place where the
5    minor was left without supervision;
6        (6) the time of day or night when the minor was left
7    without supervision;
8        (7) the weather conditions, including whether the
9    minor was left in a location with adequate protection from
10    the natural elements such as adequate heat or light;
11        (8) the location of the parent or guardian at the time
12    the minor was left without supervision, the physical
13    distance the minor was from the parent or guardian at the
14    time the minor was without supervision;
15        (9) whether the minor's movement was restricted, or
16    the minor was otherwise locked within a room or other
17    structure;
18        (10) whether the minor was given a phone number of a
19    person or location to call in the event of an emergency and
20    whether the minor was capable of making an emergency call;
21        (11) whether there was food and other provision left
22    for the minor;
23        (12) whether any of the conduct is attributable to
24    economic hardship or illness and the parent, guardian or
25    other person having physical custody or control of the
26    child made a good faith effort to provide for the health

 

 

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1    and safety of the minor;
2        (13) the age and physical and mental capabilities of
3    the person or persons who provided supervision for the
4    minor;
5        (14) whether the minor was left under the supervision
6    of another person;
7        (15) any other factor that would endanger the health
8    and safety of that particular minor.
9    A minor shall not be considered neglected for the sole
10reason that the minor has been relinquished in accordance with
11the Abandoned Newborn Infant Protection Act.
12    (2) Those who are abused include any minor under 18 years
13of age or a minor 18 years of age or older for whom the court
14has made a finding of probable cause to believe that the minor
15is abused, neglected, or dependent under subsection (1) of
16Section 2-10 prior to the minor's 18th birthday whose parent
17or immediate family member, or any person responsible for the
18minor's welfare, or any person who is in the same family or
19household as the minor, or any individual residing in the same
20home as the minor, or a paramour of the minor's parent:
21        (i) inflicts, causes to be inflicted, or allows to be
22    inflicted upon such minor physical injury, by other than
23    accidental means, which causes death, disfigurement,
24    impairment of physical or emotional health, or loss or
25    impairment of any bodily function;
26        (ii) creates a substantial risk of physical injury to

 

 

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1    such minor by other than accidental means which would be
2    likely to cause death, disfigurement, impairment of
3    emotional health, or loss or impairment of any bodily
4    function;
5        (iii) commits or allows to be committed any sex
6    offense against such minor, as such sex offenses are
7    defined in the Criminal Code of 1961 or the Criminal Code
8    of 2012, or in the Wrongs to Children Act, and extending
9    those definitions of sex offenses to include minors under
10    18 years of age;
11        (iv) commits or allows to be committed an act or acts
12    of torture upon such minor;
13        (v) inflicts excessive corporal punishment;
14        (vi) commits or allows to be committed the offense of
15    involuntary servitude, involuntary sexual servitude of a
16    minor, or trafficking in persons as defined in Section
17    10-9 of the Criminal Code of 1961 or the Criminal Code of
18    2012, upon such minor; or
19        (vii) allows, encourages or requires a minor to commit
20    any act of prostitution, as defined in the Criminal Code
21    of 1961 or the Criminal Code of 2012, and extending those
22    definitions to include minors under 18 years of age.
23    A minor shall not be considered abused for the sole reason
24that the minor has been relinquished in accordance with the
25Abandoned Newborn Infant Protection Act.
26    (3) This Section does not apply to a minor who would be

 

 

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1included herein solely for the purpose of qualifying for
2financial assistance for himself, his parents, guardian or
3custodian.
4    (4) The changes made by this amendatory Act of the 101st
5General Assembly apply to a case that is pending on or after
6the effective date of this amendatory Act of the 101st General
7Assembly.
8(Source: P.A. 101-79, eff. 7-12-19.)
 
9    (705 ILCS 405/2-10)  (from Ch. 37, par. 802-10)
10    Sec. 2-10. Temporary custody hearing. At the appearance of
11the minor before the court at the temporary custody hearing,
12all witnesses present shall be examined before the court in
13relation to any matter connected with the allegations made in
14the petition.
15    (1) If the court finds that there is not probable cause to
16believe that the minor is abused, neglected or dependent it
17shall release the minor and dismiss the petition.
18    (2) If the court finds that there is probable cause to
19believe that the minor is abused, neglected or dependent, the
20court shall state in writing the factual basis supporting its
21finding and the minor, his or her parent, guardian, custodian
22and other persons able to give relevant testimony shall be
23examined before the court. The Department of Children and
24Family Services shall give testimony concerning indicated
25reports of abuse and neglect, of which they are aware through

 

 

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1the central registry, involving the minor's parent, guardian
2or custodian. After such testimony, the court may, consistent
3with the health, safety and best interests of the minor, enter
4an order that the minor shall be released upon the request of
5parent, guardian or custodian if the parent, guardian or
6custodian appears to take custody. It shall be presumed to be
7consistent with the health, safety, and best interest of the
8minor to be released to a parent, guardian, or custodian who
9experienced domestic violence unless the court has determined
10that this parent, guardian, or custodian who experienced
11domestic violence has committed acts or omissions unrelated to
12incidents of domestic violence against the parent, guardian,
13or custodian that is sufficient to independently support a
14determination of abuse or neglect under this Act. If it is
15determined that a parent's, guardian's, or custodian's
16compliance with critical services mitigates the necessity for
17removal of the minor from his or her home, the court may enter
18an Order of Protection setting forth reasonable conditions of
19behavior that a parent, guardian, or custodian must observe
20for a specified period of time, not to exceed 12 months,
21without a violation; provided, however, that the 12-month
22period shall begin anew after any violation. "Custodian"
23includes the Department of Children and Family Services, if it
24has been given custody of the child, or any other agency of the
25State which has been given custody or wardship of the child. If
26it is consistent with the health, safety and best interests of

 

 

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1the minor, the court may also prescribe shelter care and order
2that the minor be kept in a suitable place designated by the
3court or in a shelter care facility designated by the
4Department of Children and Family Services or a licensed child
5welfare agency; however, on and after January 1, 2015 (the
6effective date of Public Act 98-803) and before January 1,
72017, a minor charged with a criminal offense under the
8Criminal Code of 1961 or the Criminal Code of 2012 or
9adjudicated delinquent shall not be placed in the custody of
10or committed to the Department of Children and Family Services
11by any court, except a minor less than 16 years of age and
12committed to the Department of Children and Family Services
13under Section 5-710 of this Act or a minor for whom an
14independent basis of abuse, neglect, or dependency exists; and
15on and after January 1, 2017, a minor charged with a criminal
16offense under the Criminal Code of 1961 or the Criminal Code of
172012 or adjudicated delinquent shall not be placed in the
18custody of or committed to the Department of Children and
19Family Services by any court, except a minor less than 15 years
20of age and committed to the Department of Children and Family
21Services under Section 5-710 of this Act or a minor for whom an
22independent basis of abuse, neglect, or dependency exists. An
23independent basis exists when the allegations or adjudication
24of abuse, neglect, or dependency do not arise from the same
25facts, incident, or circumstances which give rise to a charge
26or adjudication of delinquency.

 

 

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1    In placing the minor, the Department or other agency
2shall, to the extent compatible with the court's order, comply
3with Section 7 of the Children and Family Services Act. In
4determining the health, safety and best interests of the minor
5to prescribe shelter care, the court must find that it is a
6matter of immediate and urgent necessity for the safety and
7protection of the minor or of the person or property of another
8that the minor be placed in a shelter care facility or that he
9or she is likely to flee the jurisdiction of the court, and
10must further find that reasonable efforts have been made or
11that, consistent with the health, safety and best interests of
12the minor, no efforts reasonably can be made to prevent or
13eliminate the necessity of removal of the minor from his or her
14home. The court shall require documentation from the
15Department of Children and Family Services as to the
16reasonable efforts that were made to prevent or eliminate the
17necessity of removal of the minor from his or her home or the
18reasons why no efforts reasonably could be made to prevent or
19eliminate the necessity of removal. When a minor is placed in
20the home of a relative, the Department of Children and Family
21Services shall complete a preliminary background review of the
22members of the minor's custodian's household in accordance
23with Section 4.3 of the Child Care Act of 1969 within 90 days
24of that placement. If the minor is ordered placed in a shelter
25care facility of the Department of Children and Family
26Services or a licensed child welfare agency, the court shall,

 

 

HB3237- 21 -LRB103 30340 RLC 56770 b

1upon request of the appropriate Department or other agency,
2appoint the Department of Children and Family Services
3Guardianship Administrator or other appropriate agency
4executive temporary custodian of the minor and the court may
5enter such other orders related to the temporary custody as it
6deems fit and proper, including the provision of services to
7the minor or his family to ameliorate the causes contributing
8to the finding of probable cause or to the finding of the
9existence of immediate and urgent necessity.
10    Where the Department of Children and Family Services
11Guardianship Administrator is appointed as the executive
12temporary custodian, the Department of Children and Family
13Services shall file with the court and serve on the parties a
14parent-child visiting plan, within 10 days, excluding weekends
15and holidays, after the appointment. The parent-child visiting
16plan shall set out the time and place of visits, the frequency
17of visits, the length of visits, who shall be present at the
18visits, and where appropriate, the minor's opportunities to
19have telephone and mail communication with the parents.
20    Where the Department of Children and Family Services
21Guardianship Administrator is appointed as the executive
22temporary custodian, and when the child has siblings in care,
23the Department of Children and Family Services shall file with
24the court and serve on the parties a sibling placement and
25contact plan within 10 days, excluding weekends and holidays,
26after the appointment. The sibling placement and contact plan

 

 

HB3237- 22 -LRB103 30340 RLC 56770 b

1shall set forth whether the siblings are placed together, and
2if they are not placed together, what, if any, efforts are
3being made to place them together. If the Department has
4determined that it is not in a child's best interest to be
5placed with a sibling, the Department shall document in the
6sibling placement and contact plan the basis for its
7determination. For siblings placed separately, the sibling
8placement and contact plan shall set the time and place for
9visits, the frequency of the visits, the length of visits, who
10shall be present for the visits, and where appropriate, the
11child's opportunities to have contact with their siblings in
12addition to in person contact. If the Department determines it
13is not in the best interest of a sibling to have contact with a
14sibling, the Department shall document in the sibling
15placement and contact plan the basis for its determination.
16The sibling placement and contact plan shall specify a date
17for development of the Sibling Contact Support Plan, under
18subsection (f) of Section 7.4 of the Children and Family
19Services Act, and shall remain in effect until the Sibling
20Contact Support Plan is developed.
21    For good cause, the court may waive the requirement to
22file the parent-child visiting plan or the sibling placement
23and contact plan, or extend the time for filing either plan.
24Any party may, by motion, request the court to review the
25parent-child visiting plan to determine whether it is
26reasonably calculated to expeditiously facilitate the

 

 

HB3237- 23 -LRB103 30340 RLC 56770 b

1achievement of the permanency goal. A party may, by motion,
2request the court to review the parent-child visiting plan or
3the sibling placement and contact plan to determine whether it
4is consistent with the minor's best interest. The court may
5refer the parties to mediation where available. The frequency,
6duration, and locations of visitation shall be measured by the
7needs of the child and family, and not by the convenience of
8Department personnel. Child development principles shall be
9considered by the court in its analysis of how frequent
10visitation should be, how long it should last, where it should
11take place, and who should be present. If upon motion of the
12party to review either plan and after receiving evidence, the
13court determines that the parent-child visiting plan is not
14reasonably calculated to expeditiously facilitate the
15achievement of the permanency goal or that the restrictions
16placed on parent-child contact or sibling placement or contact
17are contrary to the child's best interests, the court shall
18put in writing the factual basis supporting the determination
19and enter specific findings based on the evidence. The court
20shall enter an order for the Department to implement changes
21to the parent-child visiting plan or sibling placement or
22contact plan, consistent with the court's findings. At any
23stage of proceeding, any party may by motion request the court
24to enter any orders necessary to implement the parent-child
25visiting plan, sibling placement or contact plan or
26subsequently developed Sibling Contact Support Plan. Nothing

 

 

HB3237- 24 -LRB103 30340 RLC 56770 b

1under this subsection (2) shall restrict the court from
2granting discretionary authority to the Department to increase
3opportunities for additional parent-child contacts or sibling
4contacts, without further court orders. Nothing in this
5subsection (2) shall restrict the Department from immediately
6restricting or terminating parent-child contact or sibling
7contacts, without either amending the parent-child visiting
8plan or the sibling contact plan or obtaining a court order,
9where the Department or its assigns reasonably believe there
10is an immediate need to protect the child's health, safety,
11and welfare. Such restrictions or terminations must be based
12on available facts to the Department and its assigns when
13viewed in light of the surrounding circumstances and shall
14only occur on an individual case-by-case basis. The Department
15shall file with the court and serve on the parties any
16amendments to the plan within 10 days, excluding weekends and
17holidays, of the change of the visitation.
18    Acceptance of services shall not be considered an
19admission of any allegation in a petition made pursuant to
20this Act, nor may a referral of services be considered as
21evidence in any proceeding pursuant to this Act, except where
22the issue is whether the Department has made reasonable
23efforts to reunite the family. In making its findings that it
24is consistent with the health, safety and best interests of
25the minor to prescribe shelter care, the court shall state in
26writing (i) the factual basis supporting its findings

 

 

HB3237- 25 -LRB103 30340 RLC 56770 b

1concerning the immediate and urgent necessity for the
2protection of the minor or of the person or property of another
3and (ii) the factual basis supporting its findings that
4reasonable efforts were made to prevent or eliminate the
5removal of the minor from his or her home or that no efforts
6reasonably could be made to prevent or eliminate the removal
7of the minor from his or her home. The parents, guardian,
8custodian, temporary custodian and minor shall each be
9furnished a copy of such written findings. The temporary
10custodian shall maintain a copy of the court order and written
11findings in the case record for the child. The order together
12with the court's findings of fact in support thereof shall be
13entered of record in the court.
14    Once the court finds that it is a matter of immediate and
15urgent necessity for the protection of the minor that the
16minor be placed in a shelter care facility, the minor shall not
17be returned to the parent, custodian or guardian until the
18court finds that such placement is no longer necessary for the
19protection of the minor.
20    If the child is placed in the temporary custody of the
21Department of Children and Family Services for his or her
22protection, the court shall admonish the parents, guardian,
23custodian or responsible relative that the parents must
24cooperate with the Department of Children and Family Services,
25comply with the terms of the service plans, and correct the
26conditions which require the child to be in care, or risk

 

 

HB3237- 26 -LRB103 30340 RLC 56770 b

1termination of their parental rights. The court shall ensure,
2by inquiring in open court of each parent, guardian, custodian
3or responsible relative, that the parent, guardian, custodian
4or responsible relative has had the opportunity to provide the
5Department with all known names, addresses, and telephone
6numbers of each of the minor's living maternal and paternal
7adult relatives, including, but not limited to, grandparents,
8aunts, uncles, and siblings. The court shall advise the
9parents, guardian, custodian or responsible relative to inform
10the Department if additional information regarding the minor's
11adult relatives becomes available.
12    (3) If prior to the shelter care hearing for a minor
13described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
14unable to serve notice on the party respondent, the shelter
15care hearing may proceed ex parte. A shelter care order from an
16ex parte hearing shall be endorsed with the date and hour of
17issuance and shall be filed with the clerk's office and
18entered of record. The order shall expire after 10 days from
19the time it is issued unless before its expiration it is
20renewed, at a hearing upon appearance of the party respondent,
21or upon an affidavit of the moving party as to all diligent
22efforts to notify the party respondent by notice as herein
23prescribed. The notice prescribed shall be in writing and
24shall be personally delivered to the minor or the minor's
25attorney and to the last known address of the other person or
26persons entitled to notice. The notice shall also state the

 

 

HB3237- 27 -LRB103 30340 RLC 56770 b

1nature of the allegations, the nature of the order sought by
2the State, including whether temporary custody is sought, and
3the consequences of failure to appear and shall contain a
4notice that the parties will not be entitled to further
5written notices or publication notices of proceedings in this
6case, including the filing of an amended petition or a motion
7to terminate parental rights, except as required by Supreme
8Court Rule 11; and shall explain the right of the parties and
9the procedures to vacate or modify a shelter care order as
10provided in this Section. The notice for a shelter care
11hearing shall be substantially as follows:
12
NOTICE TO PARENTS AND CHILDREN
13
OF SHELTER CARE HEARING
14        On ................ at ........., before the Honorable
15    ................, (address:) ................., the State
16    of Illinois will present evidence (1) that (name of child
17    or children) ....................... are abused, neglected
18    or dependent for the following reasons:
19    .............................................. and (2)
20    whether there is "immediate and urgent necessity" to
21    remove the child or children from the responsible
22    relative.
23        YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
24    PLACEMENT of the child or children in foster care until a
25    trial can be held. A trial may not be held for up to 90
26    days. You will not be entitled to further notices of

 

 

HB3237- 28 -LRB103 30340 RLC 56770 b

1    proceedings in this case, including the filing of an
2    amended petition or a motion to terminate parental rights.
3        At the shelter care hearing, parents have the
4    following rights:
5            1. To ask the court to appoint a lawyer if they
6        cannot afford one.
7            2. To ask the court to continue the hearing to
8        allow them time to prepare.
9            3. To present evidence concerning:
10                a. Whether or not the child or children were
11            abused, neglected or dependent.
12                b. Whether or not there is "immediate and
13            urgent necessity" to remove the child from home
14            (including: their ability to care for the child,
15            conditions in the home, alternative means of
16            protecting the child other than removal).
17                c. The best interests of the child.
18            4. To cross examine the State's witnesses.
 
19    The Notice for rehearings shall be substantially as
20follows:
21
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
22
TO REHEARING ON TEMPORARY CUSTODY
23        If you were not present at and did not have adequate
24    notice of the Shelter Care Hearing at which temporary
25    custody of ............... was awarded to

 

 

HB3237- 29 -LRB103 30340 RLC 56770 b

1    ................, you have the right to request a full
2    rehearing on whether the State should have temporary
3    custody of ................. To request this rehearing,
4    you must file with the Clerk of the Juvenile Court
5    (address): ........................, in person or by
6    mailing a statement (affidavit) setting forth the
7    following:
8            1. That you were not present at the shelter care
9        hearing.
10            2. That you did not get adequate notice
11        (explaining how the notice was inadequate).
12            3. Your signature.
13            4. Signature must be notarized.
14        The rehearing should be scheduled within 48 hours of
15    your filing this affidavit.
16        At the rehearing, your rights are the same as at the
17    initial shelter care hearing. The enclosed notice explains
18    those rights.
19        At the Shelter Care Hearing, children have the
20    following rights:
21            1. To have a guardian ad litem appointed.
22            2. To be declared competent as a witness and to
23        present testimony concerning:
24                a. Whether they are abused, neglected or
25            dependent.
26                b. Whether there is "immediate and urgent

 

 

HB3237- 30 -LRB103 30340 RLC 56770 b

1            necessity" to be removed from home.
2                c. Their best interests.
3            3. To cross examine witnesses for other parties.
4            4. To obtain an explanation of any proceedings and
5        orders of the court.
6    (4) If the parent, guardian, legal custodian, responsible
7relative, minor age 8 or over, or counsel of the minor did not
8have actual notice of or was not present at the shelter care
9hearing, he or she may file an affidavit setting forth these
10facts, and the clerk shall set the matter for rehearing not
11later than 48 hours, excluding Sundays and legal holidays,
12after the filing of the affidavit. At the rehearing, the court
13shall proceed in the same manner as upon the original hearing.
14    (5) Only when there is reasonable cause to believe that
15the minor taken into custody is a person described in
16subsection (3) of Section 5-105 may the minor be kept or
17detained in a detention home or county or municipal jail. This
18Section shall in no way be construed to limit subsection (6).
19    (6) No minor under 16 years of age may be confined in a
20jail or place ordinarily used for the confinement of prisoners
21in a police station. Minors under 18 years of age must be kept
22separate from confined adults and may not at any time be kept
23in the same cell, room, or yard with adults confined pursuant
24to the criminal law.
25    (7) If the minor is not brought before a judicial officer
26within the time period as specified in Section 2-9, the minor

 

 

HB3237- 31 -LRB103 30340 RLC 56770 b

1must immediately be released from custody.
2    (8) If neither the parent, guardian or custodian appears
3within 24 hours to take custody of a minor released upon
4request pursuant to subsection (2) of this Section, then the
5clerk of the court shall set the matter for rehearing not later
6than 7 days after the original order and shall issue a summons
7directed to the parent, guardian or custodian to appear. At
8the same time the probation department shall prepare a report
9on the minor. If a parent, guardian or custodian does not
10appear at such rehearing, the judge may enter an order
11prescribing that the minor be kept in a suitable place
12designated by the Department of Children and Family Services
13or a licensed child welfare agency.
14    (9) Notwithstanding any other provision of this Section
15any interested party, including the State, the temporary
16custodian, an agency providing services to the minor or family
17under a service plan pursuant to Section 8.2 of the Abused and
18Neglected Child Reporting Act, foster parent, or any of their
19representatives, on notice to all parties entitled to notice,
20may file a motion that it is in the best interests of the minor
21to modify or vacate a temporary custody order on any of the
22following grounds:
23        (a) It is no longer a matter of immediate and urgent
24    necessity that the minor remain in shelter care; or
25        (b) There is a material change in the circumstances of
26    the natural family from which the minor was removed and

 

 

HB3237- 32 -LRB103 30340 RLC 56770 b

1    the child can be cared for at home without endangering the
2    child's health or safety; or
3        (c) A person not a party to the alleged abuse, neglect
4    or dependency, including a parent, relative or legal
5    guardian, is capable of assuming temporary custody of the
6    minor; or
7        (d) Services provided by the Department of Children
8    and Family Services or a child welfare agency or other
9    service provider have been successful in eliminating the
10    need for temporary custody and the child can be cared for
11    at home without endangering the child's health or safety.
12    In ruling on the motion, the court shall determine whether
13it is consistent with the health, safety and best interests of
14the minor to modify or vacate a temporary custody order. If the
15minor is being restored to the custody of a parent, legal
16custodian, or guardian who lives outside of Illinois, and an
17Interstate Compact has been requested and refused, the court
18may order the Department of Children and Family Services to
19arrange for an assessment of the minor's proposed living
20arrangement and for ongoing monitoring of the health, safety,
21and best interest of the minor and compliance with any order of
22protective supervision entered in accordance with Section 2-20
23or 2-25.
24    The clerk shall set the matter for hearing not later than
2514 days after such motion is filed. In the event that the court
26modifies or vacates a temporary custody order but does not

 

 

HB3237- 33 -LRB103 30340 RLC 56770 b

1vacate its finding of probable cause, the court may order that
2appropriate services be continued or initiated in behalf of
3the minor and his or her family.
4    (10) When the court finds or has found that there is
5probable cause to believe a minor is an abused minor as
6described in subsection (2) of Section 2-3 and that there is an
7immediate and urgent necessity for the abused minor to be
8placed in shelter care, immediate and urgent necessity shall
9be presumed for any other minor residing in the same household
10as the abused minor provided:
11        (a) Such other minor is the subject of an abuse or
12    neglect petition pending before the court; and
13        (b) A party to the petition is seeking shelter care
14    for such other minor.
15    Once the presumption of immediate and urgent necessity has
16been raised, the burden of demonstrating the lack of immediate
17and urgent necessity shall be on any party that is opposing
18shelter care for the other minor.
19    (11) The changes made to this Section by Public Act 98-61
20apply to a minor who has been arrested or taken into custody on
21or after January 1, 2014 (the effective date of Public Act
2298-61).
23    (12) After the court has placed a minor in the care of a
24temporary custodian pursuant to this Section, any party may
25file a motion requesting the court to grant the temporary
26custodian the authority to serve as a surrogate decision maker

 

 

HB3237- 34 -LRB103 30340 RLC 56770 b

1for the minor under the Health Care Surrogate Act for purposes
2of making decisions pursuant to paragraph (1) of subsection
3(b) of Section 20 of the Health Care Surrogate Act. The court
4may grant the motion if it determines by clear and convincing
5evidence that it is in the best interests of the minor to grant
6the temporary custodian such authority. In making its
7determination, the court shall weigh the following factors in
8addition to considering the best interests factors listed in
9subsection (4.05) of Section 1-3 of this Act:
10        (a) the efforts to identify and locate the respondents
11    and adult family members of the minor and the results of
12    those efforts;
13        (b) the efforts to engage the respondents and adult
14    family members of the minor in decision making on behalf
15    of the minor;
16        (c) the length of time the efforts in paragraphs (a)
17    and (b) have been ongoing;
18        (d) the relationship between the respondents and adult
19    family members and the minor;
20        (e) medical testimony regarding the extent to which
21    the minor is suffering and the impact of a delay in
22    decision-making on the minor; and
23        (f) any other factor the court deems relevant.
24    If the Department of Children and Family Services is the
25temporary custodian of the minor, in addition to the
26requirements of paragraph (1) of subsection (b) of Section 20

 

 

HB3237- 35 -LRB103 30340 RLC 56770 b

1of the Health Care Surrogate Act, the Department shall follow
2its rules and procedures in exercising authority granted under
3this subsection.
4(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
5102-813, eff. 5-13-22.)
 
6    (705 ILCS 405/2-18)  (from Ch. 37, par. 802-18)
7    Sec. 2-18. Evidence.
8    (1) At the adjudicatory hearing, the court shall first
9consider only the question whether the minor is abused,
10neglected or dependent. The standard of proof and the rules of
11evidence in the nature of civil proceedings in this State are
12applicable to proceedings under this Article. If the petition
13also seeks the appointment of a guardian of the person with
14power to consent to adoption of the minor under Section 2-29,
15the court may also consider legally admissible evidence at the
16adjudicatory hearing that one or more grounds of unfitness
17exists under subdivision D of Section 1 of the Adoption Act.
18    (2) In any hearing under this Act, the following shall
19constitute prima facie evidence of abuse or neglect, as the
20case may be:
21        (a) proof that a minor has a medical diagnosis of
22    battered child syndrome is prima facie evidence of abuse;
23        (b) proof that a minor has a medical diagnosis of
24    failure to thrive syndrome is prima facie evidence of
25    neglect;

 

 

HB3237- 36 -LRB103 30340 RLC 56770 b

1        (c) proof that a minor has a medical diagnosis of
2    fetal alcohol syndrome is prima facie evidence of neglect;
3        (d) proof that a minor has a medical diagnosis at
4    birth of withdrawal symptoms from narcotics or
5    barbiturates is prima facie evidence of neglect;
6        (e) proof of injuries sustained by a minor or of the
7    condition of a minor of such a nature as would ordinarily
8    not be sustained or exist except by reason of the acts or
9    omissions of the parent, custodian or guardian of such
10    minor shall be prima facie evidence of abuse or neglect,
11    as the case may be;
12        (f) proof that a parent, custodian or guardian of a
13    minor repeatedly used a drug, to the extent that it has or
14    would ordinarily have the effect of producing in the user
15    a substantial state of stupor, unconsciousness,
16    intoxication, hallucination, disorientation or
17    incompetence, or a substantial impairment of judgment, or
18    a substantial manifestation of irrationality, shall be
19    prima facie evidence of neglect;
20        (g) proof that a parent, custodian, or guardian of a
21    minor repeatedly used a controlled substance, as defined
22    in subsection (f) of Section 102 of the Illinois
23    Controlled Substances Act, in the presence of the minor or
24    a sibling of the minor is prima facie evidence of neglect.
25    "Repeated use", for the purpose of this subsection, means
26    more than one use of a controlled substance as defined in

 

 

HB3237- 37 -LRB103 30340 RLC 56770 b

1    subsection (f) of Section 102 of the Illinois Controlled
2    Substances Act;
3        (h) proof that a newborn infant's blood, urine, or
4    meconium contains any amount of a controlled substance as
5    defined in subsection (f) of Section 102 of the Illinois
6    Controlled Substances Act, or a metabolite of a controlled
7    substance, with the exception of controlled substances or
8    metabolites of those substances, the presence of which is
9    the result of medical treatment administered to the mother
10    or the newborn, is prime facie evidence of neglect;
11        (i) proof that a minor was present in a structure or
12    vehicle in which the minor's parent, custodian, or
13    guardian was involved in the manufacture of
14    methamphetamine constitutes prima facie evidence of abuse
15    and neglect;
16        (j) proof that a parent, custodian, or guardian of a
17    minor allows, encourages, or requires a minor to perform,
18    offer, or agree to perform any act of sexual penetration
19    as defined in Section 11-0.1 of the Criminal Code of 2012
20    for any money, property, token, object, or article or
21    anything of value, or any touching or fondling of the sex
22    organs of one person by another person, for any money,
23    property, token, object, or article or anything of value,
24    for the purpose of sexual arousal or gratification,
25    constitutes prima facie evidence of abuse and neglect;
26        (k) proof that a parent, custodian, or guardian of a

 

 

HB3237- 38 -LRB103 30340 RLC 56770 b

1    minor commits or allows to be committed the offense of
2    involuntary servitude, involuntary sexual servitude of a
3    minor, or trafficking in persons as defined in Section
4    10-9 of the Criminal Code of 1961 or the Criminal Code of
5    2012, upon such minor, constitutes prima facie evidence of
6    abuse and neglect.
7    (3) In any hearing under this Act, proof of the abuse,
8neglect or dependency of one minor shall be admissible
9evidence on the issue of the abuse, neglect or dependency of
10any other minor for whom the respondent is responsible.
11    (4) (a) Any writing, record, photograph or x-ray of any
12hospital or public or private agency, whether in the form of an
13entry in a book or otherwise, made as a memorandum or record of
14any condition, act, transaction, occurrence or event relating
15to a minor in an abuse, neglect or dependency proceeding,
16shall be admissible in evidence as proof of that condition,
17act, transaction, occurrence or event, if the court finds that
18the document was made in the regular course of the business of
19the hospital or agency and that it was in the regular course of
20such business to make it, at the time of the act, transaction,
21occurrence or event, or within a reasonable time thereafter. A
22certification by the head or responsible employee of the
23hospital or agency that the writing, record, photograph or
24x-ray is the full and complete record of the condition, act,
25transaction, occurrence or event and that it satisfies the
26conditions of this paragraph shall be prima facie evidence of

 

 

HB3237- 39 -LRB103 30340 RLC 56770 b

1the facts contained in such certification. A certification by
2someone other than the head of the hospital or agency shall be
3accompanied by a photocopy of a delegation of authority signed
4by both the head of the hospital or agency and by such other
5employee. All other circumstances of the making of the
6memorandum, record, photograph or x-ray, including lack of
7personal knowledge of the maker, may be proved to affect the
8weight to be accorded such evidence, but shall not affect its
9admissibility.
10    (b) Any indicated report filed pursuant to the Abused and
11Neglected Child Reporting Act shall be admissible in evidence.
12    (c) Previous statements made by the minor relating to any
13allegations of abuse or neglect shall be admissible in
14evidence. However, no such statement, if uncorroborated and
15not subject to cross-examination, shall be sufficient in
16itself to support a finding of abuse or neglect.
17    (d) There shall be a rebuttable presumption that a minor
18is competent to testify in abuse or neglect proceedings. The
19court shall determine how much weight to give to the minor's
20testimony, and may allow the minor to testify in chambers with
21only the court, the court reporter and attorneys for the
22parties present.
23    (e) The privileged character of communication between any
24professional person and patient or client, except privilege
25between attorney and client or the privilege between a
26domestic violence advocate or counselor and victim under

 

 

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1Section 227 of the Illinois Domestic Violence Act, and
2privilege between a rape counselor and victim under the
3Section 8-802.1 of the Code of Civil Procedure, shall not
4apply to proceedings subject to this Article.
5    (f) Proof of the impairment of emotional health or
6impairment of mental or emotional condition as a result of the
7failure of the respondent to exercise a minimum degree of care
8toward a minor may include competent opinion or expert
9testimony, and may include proof that such impairment lessened
10during a period when the minor was in the care, custody or
11supervision of a person or agency other than the respondent.
12    (5) In any hearing under this Act alleging neglect for
13failure to provide education as required by law under
14subsection (1) of Section 2-3, proof that a minor under 13
15years of age who is subject to compulsory school attendance
16under the School Code is a chronic truant as defined under the
17School Code shall be prima facie evidence of neglect by the
18parent or guardian in any hearing under this Act and proof that
19a minor who is 13 years of age or older who is subject to
20compulsory school attendance under the School Code is a
21chronic truant shall raise a rebuttable presumption of neglect
22by the parent or guardian. This subsection (5) shall not apply
23in counties with 2,000,000 or more inhabitants.
24    (6) In any hearing under this Act, the court may take
25judicial notice of prior sworn testimony or evidence admitted
26in prior proceedings involving the same minor if (a) the

 

 

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1parties were either represented by counsel at such prior
2proceedings or the right to counsel was knowingly waived and
3(b) the taking of judicial notice would not result in
4admitting hearsay evidence at a hearing where it would
5otherwise be prohibited.
6(Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13;
797-1150, eff. 1-25-13.)
 
8    (705 ILCS 405/2-21)  (from Ch. 37, par. 802-21)
9    Sec. 2-21. Findings and adjudication.
10    (1) The court shall state for the record the manner in
11which the parties received service of process and shall note
12whether the return or returns of service, postal return
13receipt or receipts for notice by certified mail, or
14certificate or certificates of publication have been filed in
15the court record. The court shall enter any appropriate orders
16of default against any parent who has been properly served in
17any manner and fails to appear.
18    No further service of process as defined in Sections 2-15
19and 2-16 is required in any subsequent proceeding for a parent
20who was properly served in any manner, except as required by
21Supreme Court Rule 11.
22    The caseworker shall testify about the diligent search
23conducted for the parent.
24    After hearing the evidence the court shall determine
25whether or not the minor is abused, neglected, or dependent.

 

 

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1If it finds that the minor is not such a person, the court
2shall order the petition dismissed and the minor discharged.
3The court's determination of whether the minor is abused,
4neglected, or dependent shall be stated in writing with the
5factual basis supporting that determination.
6    If the court finds that the minor is abused, neglected, or
7dependent, the court shall then determine and put in writing
8the factual basis supporting that determination, and specify,
9to the extent possible, the acts or omissions or both of each
10parent, guardian, or legal custodian that form the basis of
11the court's findings. In making such findings, domestic
12violence against a parent, guardian, or custodian even in the
13presence of the minor shall not be construed as the acts or
14omissions of the parent, guardian, or custodian who
15experienced domestic violence and any findings must be based
16upon acts or omissions of that parent, guardian, or custodian
17unrelated to incidents of domestic violence against the
18parent, guardian, or custodian that are sufficient to
19independently support a determination of abuse or neglect
20under this Act. That finding shall appear in the order of the
21court.
22    If the court finds that the child has been abused,
23neglected or dependent, the court shall admonish the parents
24that they must cooperate with the Department of Children and
25Family Services, comply with the terms of the service plan,
26and correct the conditions that require the child to be in

 

 

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1care, or risk termination of parental rights.
2    If the court determines that a person has inflicted
3physical or sexual abuse upon a minor, the court shall report
4that determination to the Illinois State Police, which shall
5include that information in its report to the President of the
6school board for a school district that requests a criminal
7history records check of that person, or the regional
8superintendent of schools who requests a check of that person,
9as required under Section 10-21.9 or 34-18.5 of the School
10Code.
11    (2) If, pursuant to subsection (1) of this Section, the
12court determines and puts in writing the factual basis
13supporting the determination that the minor is either abused
14or neglected or dependent, the court shall then set a time not
15later than 30 days after the entry of the finding for a
16dispositional hearing (unless an earlier date is required
17pursuant to Section 2-13.1) to be conducted under Section 2-22
18at which hearing the court shall determine whether it is
19consistent with the health, safety and best interests of the
20minor and the public that he be made a ward of the court. To
21assist the court in making this and other determinations at
22the dispositional hearing, the court may order that an
23investigation be conducted and a dispositional report be
24prepared concerning the minor's physical and mental history
25and condition, family situation and background, economic
26status, education, occupation, history of delinquency or

 

 

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1criminality, personal habits, and any other information that
2may be helpful to the court. The dispositional hearing may be
3continued once for a period not to exceed 30 days if the court
4finds that such continuance is necessary to complete the
5dispositional report.
6    (3) The time limits of this Section may be waived only by
7consent of all parties and approval by the court, as
8determined to be consistent with the health, safety and best
9interests of the minor.
10    (4) For all cases adjudicated prior to July 1, 1991, for
11which no dispositional hearing has been held prior to that
12date, a dispositional hearing under Section 2-22 shall be held
13within 90 days of July 1, 1991.
14    (5) The court may terminate the parental rights of a
15parent at the initial dispositional hearing if all of the
16following conditions are met:
17        (i) the original or amended petition contains a
18    request for termination of parental rights and appointment
19    of a guardian with power to consent to adoption; and
20        (ii) the court has found by a preponderance of
21    evidence, introduced or stipulated to at an adjudicatory
22    hearing, that the child comes under the jurisdiction of
23    the court as an abused, neglected, or dependent minor
24    under Section 2-18; and
25        (iii) the court finds, on the basis of clear and
26    convincing evidence admitted at the adjudicatory hearing

 

 

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1    that the parent is an unfit person under subdivision D of
2    Section 1 of the Adoption Act; and
3        (iv) the court determines in accordance with the rules
4    of evidence for dispositional proceedings, that:
5            (A) it is in the best interest of the minor and
6        public that the child be made a ward of the court;
7            (A-5) reasonable efforts under subsection (l-1) of
8        Section 5 of the Children and Family Services Act are
9        inappropriate or such efforts were made and were
10        unsuccessful; and
11            (B) termination of parental rights and appointment
12        of a guardian with power to consent to adoption is in
13        the best interest of the child pursuant to Section
14        2-29.
15(Source: P.A. 102-538, eff. 8-20-21.)
 
16    (705 ILCS 405/2-27)  (from Ch. 37, par. 802-27)
17    Sec. 2-27. Placement; legal custody or guardianship.
18    (1) If the court determines and puts in writing the
19factual basis supporting the determination of whether a parent
20the parents, guardian, or legal custodian of a minor adjudged
21a ward of the court is are unfit or is are unable, for a reason
22sufficient and independent from financial circumstances or
23domestic violence against a parent, guardian, or custodian who
24experienced domestic violence, for some reason other than
25financial circumstances alone, to care for, protect, train or

 

 

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1discipline the minor or are unwilling to do so, and that the
2health, safety, and best interest of the minor will be
3jeopardized if the minor remains in the custody of his or her
4parents, guardian or custodian, the court may at this hearing
5and at any later point:
6        (a) place the minor in the custody of a suitable
7    relative or other person as legal custodian or guardian;
8        (a-5) with the approval of the Department of Children
9    and Family Services, place the minor in the subsidized
10    guardianship of a suitable relative or other person as
11    legal guardian; "subsidized guardianship" means a private
12    guardianship arrangement for children for whom the
13    permanency goals of return home and adoption have been
14    ruled out and who meet the qualifications for subsidized
15    guardianship as defined by the Department of Children and
16    Family Services in administrative rules;
17        (b) place the minor under the guardianship of a
18    probation officer;
19        (c) commit the minor to an agency for care or
20    placement, except an institution under the authority of
21    the Department of Corrections or of the Department of
22    Children and Family Services;
23        (d) on and after the effective date of this amendatory
24    Act of the 98th General Assembly and before January 1,
25    2017, commit the minor to the Department of Children and
26    Family Services for care and service; however, a minor

 

 

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1    charged with a criminal offense under the Criminal Code of
2    1961 or the Criminal Code of 2012 or adjudicated
3    delinquent shall not be placed in the custody of or
4    committed to the Department of Children and Family
5    Services by any court, except (i) a minor less than 16
6    years of age and committed to the Department of Children
7    and Family Services under Section 5-710 of this Act, (ii)
8    a minor under the age of 18 for whom an independent basis
9    of abuse, neglect, or dependency exists, or (iii) a minor
10    for whom the court has granted a supplemental petition to
11    reinstate wardship pursuant to subsection (2) of Section
12    2-33 of this Act. On and after January 1, 2017, commit the
13    minor to the Department of Children and Family Services
14    for care and service; however, a minor charged with a
15    criminal offense under the Criminal Code of 1961 or the
16    Criminal Code of 2012 or adjudicated delinquent shall not
17    be placed in the custody of or committed to the Department
18    of Children and Family Services by any court, except (i) a
19    minor less than 15 years of age and committed to the
20    Department of Children and Family Services under Section
21    5-710 of this Act, (ii) a minor under the age of 18 for
22    whom an independent basis of abuse, neglect, or dependency
23    exists, or (iii) a minor for whom the court has granted a
24    supplemental petition to reinstate wardship pursuant to
25    subsection (2) of Section 2-33 of this Act. An independent
26    basis exists when the allegations or adjudication of

 

 

HB3237- 48 -LRB103 30340 RLC 56770 b

1    abuse, neglect, or dependency do not arise from the same
2    facts, incident, or circumstances which give rise to a
3    charge or adjudication of delinquency. The Department
4    shall be given due notice of the pendency of the action and
5    the Guardianship Administrator of the Department of
6    Children and Family Services shall be appointed guardian
7    of the person of the minor. Whenever the Department seeks
8    to discharge a minor from its care and service, the
9    Guardianship Administrator shall petition the court for an
10    order terminating guardianship. The Guardianship
11    Administrator may designate one or more other officers of
12    the Department, appointed as Department officers by
13    administrative order of the Department Director,
14    authorized to affix the signature of the Guardianship
15    Administrator to documents affecting the guardian-ward
16    relationship of children for whom he or she has been
17    appointed guardian at such times as he or she is unable to
18    perform the duties of his or her office. The signature
19    authorization shall include but not be limited to matters
20    of consent of marriage, enlistment in the armed forces,
21    legal proceedings, adoption, major medical and surgical
22    treatment and application for driver's license. Signature
23    authorizations made pursuant to the provisions of this
24    paragraph shall be filed with the Secretary of State and
25    the Secretary of State shall provide upon payment of the
26    customary fee, certified copies of the authorization to

 

 

HB3237- 49 -LRB103 30340 RLC 56770 b

1    any court or individual who requests a copy.
2    (1.5) In making a determination under this Section, the
3court shall also consider whether, based on health, safety,
4and the best interests of the minor,
5        (a) appropriate services aimed at family preservation
6    and family reunification have been unsuccessful in
7    rectifying the conditions that have led to a finding of
8    unfitness or inability to care for, protect, train, or
9    discipline the minor, or
10        (b) no family preservation or family reunification
11    services would be appropriate,
12and if the petition or amended petition contained an
13allegation that the parent is an unfit person as defined in
14subdivision (D) of Section 1 of the Adoption Act, and the order
15of adjudication recites that parental unfitness was
16established by clear and convincing evidence, the court shall,
17when appropriate and in the best interest of the minor, enter
18an order terminating parental rights and appointing a guardian
19with power to consent to adoption in accordance with Section
202-29.
21    (1.7) In making a determination under this Section, the
22court shall presume that it is consistent with the health,
23safety, and best interests of the minor to remain in the
24custody of a parent, guardian, or custodian who experienced
25domestic violence, unless the court has determined that the
26parent, guardian, or custodian who experienced domestic

 

 

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1violence has committed acts or omissions unrelated to domestic
2violence against that parent, guardian, or custodian that is
3sufficient to independently support a determination of abuse
4or neglect under this Act.
5    When making a placement, the court, wherever possible,
6shall require the Department of Children and Family Services
7to select a person holding the same religious belief as that of
8the minor or a private agency controlled by persons of like
9religious faith of the minor and shall require the Department
10to otherwise comply with Section 7 of the Children and Family
11Services Act in placing the child. In addition, whenever
12alternative plans for placement are available, the court shall
13ascertain and consider, to the extent appropriate in the
14particular case, the views and preferences of the minor.
15    (2) When a minor is placed with a suitable relative or
16other person pursuant to item (a) of subsection (1), the court
17shall appoint him or her the legal custodian or guardian of the
18person of the minor. When a minor is committed to any agency,
19the court shall appoint the proper officer or representative
20thereof as legal custodian or guardian of the person of the
21minor. Legal custodians and guardians of the person of the
22minor have the respective rights and duties set forth in
23subsection (9) of Section 1-3 except as otherwise provided by
24order of court; but no guardian of the person may consent to
25adoption of the minor unless that authority is conferred upon
26him or her in accordance with Section 2-29. An agency whose

 

 

HB3237- 51 -LRB103 30340 RLC 56770 b

1representative is appointed guardian of the person or legal
2custodian of the minor may place the minor in any child care
3facility, but the facility must be licensed under the Child
4Care Act of 1969 or have been approved by the Department of
5Children and Family Services as meeting the standards
6established for such licensing. No agency may place a minor
7adjudicated under Sections 2-3 or 2-4 in a child care facility
8unless the placement is in compliance with the rules and
9regulations for placement under this Section promulgated by
10the Department of Children and Family Services under Section 5
11of the Children and Family Services Act. Like authority and
12restrictions shall be conferred by the court upon any
13probation officer who has been appointed guardian of the
14person of a minor.
15    (3) No placement by any probation officer or agency whose
16representative is appointed guardian of the person or legal
17custodian of a minor may be made in any out of State child care
18facility unless it complies with the Interstate Compact on the
19Placement of Children. Placement with a parent, however, is
20not subject to that Interstate Compact.
21    (4) The clerk of the court shall issue to the legal
22custodian or guardian of the person a certified copy of the
23order of court, as proof of his authority. No other process is
24necessary as authority for the keeping of the minor.
25    (5) Custody or guardianship granted under this Section
26continues until the court otherwise directs, but not after the

 

 

HB3237- 52 -LRB103 30340 RLC 56770 b

1minor reaches the age of 19 years except as set forth in
2Section 2-31, or if the minor was previously committed to the
3Department of Children and Family Services for care and
4service and the court has granted a supplemental petition to
5reinstate wardship pursuant to subsection (2) of Section 2-33.
6    (6) (Blank).
7(Source: P.A. 101-79, eff. 7-12-19.)