Full Text of HB0391 95th General Assembly
HB0391 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0391
Introduced 1/26/2007, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
|
705 ILCS 405/2-27 |
from Ch. 37, par. 802-27 |
|
Amends the Juvenile Court Act of 1987. Provides that in cases relating to
allegations of parental or custodial unfitness based upon neglect, dependency,
or abuse of the minor, the Department of Children and Family Services, or the
agency responsible, must submit a report to the court documenting the services
offered and provided to preserve or reunify the family, and substantiating any
determination of the success or failure of such services, and the court shall
determine if such evidence is clear and convincing that such services will
fail.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB0391 |
|
LRB095 05268 RLC 25346 b |
|
| 1 |
| AN ACT in relation to minors.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing
Section 2-27 as follows:
| 6 |
| (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
| 7 |
| Sec. 2-27. Placement; legal custody or guardianship.
| 8 |
| (1) If the court determines and puts in writing the factual | 9 |
| basis supporting
the determination of whether the parents, | 10 |
| guardian, or legal custodian of a
minor adjudged a ward of the | 11 |
| court are unfit or are unable, for some reason
other than | 12 |
| financial circumstances alone, to care for, protect, train or
| 13 |
| discipline the minor or are unwilling to do so, and that the
| 14 |
| health, safety, and best
interest of the minor will be | 15 |
| jeopardized if the minor remains in the custody
of his or her | 16 |
| parents, guardian or
custodian, the court may at this hearing | 17 |
| and at any later point:
| 18 |
| (a) place the minor in the custody of a suitable | 19 |
| relative or other person
as
legal custodian or guardian;
| 20 |
| (a-5) with the approval of the Department of Children | 21 |
| and Family
Services, place the minor in the subsidized | 22 |
| guardianship of a suitable relative
or
other person as | 23 |
| legal guardian; "subsidized guardianship" means a private
|
|
|
|
HB0391 |
- 2 - |
LRB095 05268 RLC 25346 b |
|
| 1 |
| guardianship arrangement for children for whom the | 2 |
| permanency goals of return
home and adoption have been | 3 |
| ruled out and who meet the qualifications for
subsidized | 4 |
| guardianship as defined by the Department of Children and | 5 |
| Family
Services in administrative rules;
| 6 |
| (b) place the minor under the guardianship of a | 7 |
| probation officer;
| 8 |
| (c) commit the minor to an agency for care or | 9 |
| placement, except an
institution under the authority of the | 10 |
| Department of Corrections or of
the Department of Children | 11 |
| and Family Services;
| 12 |
| (d) commit the minor to the Department of Children and | 13 |
| Family Services for
care and service; however, a minor | 14 |
| charged with a criminal offense under the
Criminal Code of | 15 |
| 1961 or adjudicated delinquent shall not be placed in the
| 16 |
| custody of or committed to the Department of Children and | 17 |
| Family Services by
any court, except a minor less than 13 | 18 |
| years of age and committed to the
Department of Children | 19 |
| and Family Services under Section 5-710 of this Act. The
| 20 |
| Department shall be given due notice of the pendency of the | 21 |
| action and the
Guardianship Administrator of the | 22 |
| Department of Children and Family Services
shall be | 23 |
| appointed guardian of the person of the minor. Whenever the | 24 |
| Department
seeks to discharge a minor from its care and | 25 |
| service, the Guardianship
Administrator shall petition the | 26 |
| court for an
order terminating guardianship. The |
|
|
|
HB0391 |
- 3 - |
LRB095 05268 RLC 25346 b |
|
| 1 |
| Guardianship Administrator may
designate one or more other | 2 |
| officers of the Department, appointed as
Department | 3 |
| officers by administrative order of the Department | 4 |
| Director,
authorized to affix the signature of the | 5 |
| Guardianship Administrator to
documents affecting the | 6 |
| guardian-ward relationship of children for whom
he or she | 7 |
| has been appointed guardian at such times as he or she is | 8 |
| unable to
perform
the duties of his or her office. The | 9 |
| signature authorization shall include but
not be limited to | 10 |
| matters of consent of marriage, enlistment in the
armed | 11 |
| forces, legal proceedings, adoption, major medical and | 12 |
| surgical
treatment and application for driver's license. | 13 |
| Signature authorizations
made pursuant to the provisions | 14 |
| of this paragraph shall be filed with
the Secretary of | 15 |
| State and the Secretary of State shall provide upon
payment | 16 |
| of the customary fee, certified copies of the authorization | 17 |
| to
any court or individual who requests a copy.
| 18 |
| (1.5) In making a determination under this Section, the | 19 |
| court shall also
consider
whether, based on health, safety, and | 20 |
| the best interests of the minor,
| 21 |
| (a) appropriate services aimed
at family preservation | 22 |
| and family reunification services have been
provided to the | 23 |
| extent and in a manner that has not succeeded
unsuccessful
| 24 |
| in
rectifying the conditions that have led to a finding of | 25 |
| unfitness or inability
to care for, protect, train, or | 26 |
| discipline the minor, or
|
|
|
|
HB0391 |
- 4 - |
LRB095 05268 RLC 25346 b |
|
| 1 |
| (b) no family preservation or family reunification
| 2 |
| services would be appropriate,
| 3 |
| and if the petition or amended petition
contained an allegation | 4 |
| that the
parent is an unfit
person as defined in subdivision | 5 |
| (D) of Section 1 of the Adoption Act, and the
order of
| 6 |
| adjudication
recites that parental unfitness was established | 7 |
| by clear and convincing
evidence, the court
shall, when | 8 |
| appropriate and in the best interest of the minor, enter an
| 9 |
| order terminating parental rights and
appointing a guardian | 10 |
| with
power to
consent to adoption in accordance with Section | 11 |
| 2-29.
The Department of Children and Family Services, or the | 12 |
| agency responsible,
must submit a report to the court | 13 |
| documenting the services offered and provided
to preserve or | 14 |
| reunify the family, and substantiating any determination of the
| 15 |
| success or failure of such services, and the court shall | 16 |
| determine if such
evidence is clear and convincing that such | 17 |
| services will fail.
| 18 |
| When making a placement, the court, wherever possible, | 19 |
| shall
require the Department of Children and Family Services to | 20 |
| select a person
holding the same religious belief as that of | 21 |
| the minor or a private agency
controlled by persons of like | 22 |
| religious faith of the minor and shall require
the Department | 23 |
| to otherwise comply with Section 7 of the Children and Family
| 24 |
| Services Act in placing the child. In addition, whenever | 25 |
| alternative plans for
placement are available, the court shall | 26 |
| ascertain and consider, to the extent
appropriate in the |
|
|
|
HB0391 |
- 5 - |
LRB095 05268 RLC 25346 b |
|
| 1 |
| particular case, the views and preferences of the minor.
| 2 |
| (2) When a minor is placed with a suitable relative or | 3 |
| other
person pursuant to item (a) of subsection (1),
the court | 4 |
| shall appoint him or her the legal custodian or guardian of the
| 5 |
| person of the minor. When a minor is committed to any agency, | 6 |
| the court
shall appoint the proper officer or representative | 7 |
| thereof as legal
custodian or guardian of the person of the | 8 |
| minor. Legal custodians and
guardians of the person of the | 9 |
| minor have the respective rights and duties set
forth in | 10 |
| subsection (9) of Section 1-3 except as otherwise provided by | 11 |
| order
of court; but no guardian of the person may consent to | 12 |
| adoption of the
minor unless that authority is conferred upon | 13 |
| him or her in accordance with
Section 2-29. An agency whose | 14 |
| representative is appointed guardian of the
person or legal | 15 |
| custodian of the minor may place the minor in any child care
| 16 |
| facility, but the facility must be licensed under the Child | 17 |
| Care Act of
1969 or have been approved by the Department of | 18 |
| Children and Family Services
as meeting the standards | 19 |
| established for such licensing. No agency may
place a minor | 20 |
| adjudicated under Sections 2-3 or 2-4 in a child care facility
| 21 |
| unless the placement is in compliance with the rules and | 22 |
| regulations
for placement under this Section promulgated by the | 23 |
| Department of Children
and Family Services under Section 5 of | 24 |
| the Children and Family Services
Act. Like authority and | 25 |
| restrictions shall be conferred by the court upon
any probation | 26 |
| officer who has been appointed guardian of the person of a |
|
|
|
HB0391 |
- 6 - |
LRB095 05268 RLC 25346 b |
|
| 1 |
| minor.
| 2 |
| (3) No placement by any probation officer or agency whose | 3 |
| representative
is appointed guardian of the person or legal | 4 |
| custodian of a minor may be
made in any out of State child care | 5 |
| facility unless it complies with the
Interstate Compact on the | 6 |
| Placement of Children. Placement with a parent,
however, is not | 7 |
| subject to that Interstate Compact.
| 8 |
| (4) The clerk of the court shall issue to the legal | 9 |
| custodian or
guardian of the person a certified copy of the | 10 |
| order of court, as proof
of his authority. No other process is | 11 |
| necessary as authority for the
keeping of the minor.
| 12 |
| (5) Custody or guardianship granted under this Section | 13 |
| continues until
the court otherwise directs, but not after the | 14 |
| minor reaches the age
of 19 years except as set forth in | 15 |
| Section 2-31.
| 16 |
| (6) (Blank).
| 17 |
| (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, | 18 |
| eff. 8-22-97;
90-590, eff. 1-1-99; 90-608, eff. 6-30-98; | 19 |
| 90-655, eff. 7-30-98; 91-357, eff.
7-29-99.)
|
|