Full Text of HB1791 100th General Assembly
HB1791enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 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 Sections 2-23 and 2-28 as follows:
| 6 | | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| 7 | | Sec. 2-23. Kinds of dispositional orders.
| 8 | | (1) The following kinds of orders of disposition may be | 9 | | made in respect of
wards of the court:
| 10 | | (a) A minor under 18 years of age found to be neglected | 11 | | or abused under
Section 2-3 or dependent under Section 2-4 | 12 | | may be (1) continued in the
custody of his or her parents,
| 13 | | guardian or legal custodian; (2) placed in accordance with | 14 | | Section 2-27;
(3) restored to the custody of the parent, | 15 | | parents, guardian, or legal
custodian, provided the court | 16 | | shall order the parent, parents, guardian, or
legal | 17 | | custodian to cooperate with the Department of Children and | 18 | | Family
Services and comply with the terms of an after-care | 19 | | plan or risk the loss of
custody of the child and the | 20 | | possible termination of their parental rights;
or
(4) | 21 | | ordered partially or completely emancipated in accordance | 22 | | with
the provisions of the Emancipation of Minors Act.
| 23 | | However, in any case in which a minor is found by the |
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| 1 | | court to be
neglected or abused under Section 2-3 of this | 2 | | Act, custody of the minor
shall not be restored to any | 3 | | parent, guardian or legal custodian whose acts
or omissions | 4 | | or both have been identified, pursuant to subsection (1) of
| 5 | | Section 2-21, as forming the basis for the court's finding | 6 | | of abuse or
neglect, until such time
as a
hearing is held | 7 | | on the issue of the best interests of the minor and the | 8 | | fitness
of such parent, guardian or legal custodian to care | 9 | | for the minor without
endangering the minor's health or | 10 | | safety, and the court
enters an order that such parent, | 11 | | guardian or legal custodian is fit to care
for the minor.
| 12 | | (b) A minor under 18 years of age found to be dependent | 13 | | under
Section 2-4 may be (1) placed in accordance with | 14 | | Section 2-27 or (2)
ordered partially or completely | 15 | | emancipated in accordance with the
provisions of the | 16 | | Emancipation of Minors Act.
| 17 | | However, in any case in which a minor is found by the | 18 | | court to be
dependent under Section 2-4 of this Act, | 19 | | custody of the minor shall not be
restored to
any parent, | 20 | | guardian or legal custodian whose acts or omissions or both | 21 | | have
been identified, pursuant to subsection (1) of Section | 22 | | 2-21, as forming the
basis for the court's finding of | 23 | | dependency, until such
time as a hearing is
held on the | 24 | | issue of the fitness of such parent, guardian or legal
| 25 | | custodian to care for the minor without endangering the | 26 | | minor's health or
safety, and the court enters an order |
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| 1 | | that such
parent, guardian or legal custodian is fit to | 2 | | care for the minor.
| 3 | | (b-1) A minor between the ages of 18 and 21 may be | 4 | | placed pursuant to Section 2-27 of this Act if (1) the | 5 | | court has granted a supplemental petition to reinstate | 6 | | wardship of the minor pursuant to subsection (2) of Section | 7 | | 2-33, or (2) the court has adjudicated the minor a ward of | 8 | | the court, permitted the minor to return home under an | 9 | | order of protection, and subsequently made a finding that | 10 | | it is in the minor's best interest to vacate the order of | 11 | | protection and commit the minor to the Department of | 12 | | Children and Family Services for care and service.
| 13 | | (c) When the court awards guardianship to the | 14 | | Department of Children and
Family Services, the court shall | 15 | | order the parents to cooperate with the
Department of | 16 | | Children and Family Services, comply with the terms of the
| 17 | | service plans, and correct the conditions that require the | 18 | | child to be in care,
or risk termination of their parental | 19 | | rights.
| 20 | | (2) Any order of disposition may provide for protective | 21 | | supervision
under Section 2-24 and may include an order of | 22 | | protection under Section 2-25.
| 23 | | Unless the order of disposition expressly so provides, it | 24 | | does
not operate to close proceedings on the pending petition, | 25 | | but is subject
to modification, not inconsistent with Section | 26 | | 2-28, until final closing and discharge of the proceedings |
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| 1 | | under
Section 2-31.
| 2 | | (3) The court also shall enter any other orders necessary | 3 | | to fulfill the
service plan, including, but not limited to, (i) | 4 | | orders requiring parties to
cooperate with services, (ii) | 5 | | restraining orders controlling the conduct of any
party likely | 6 | | to frustrate the achievement of the goal, and (iii) visiting
| 7 | | orders. When the child is placed separately from a sibling, the
| 8 | | court shall review the Sibling Contact Support Plan developed | 9 | | under subsection (f) of Section 7.4 of the Children and Family | 10 | | Services Act, if applicable. If the Department has not convened | 11 | | a meeting to develop a Sibling
Contact Support Plan, or if the | 12 | | court finds that the existing Plan is not in the child's best
| 13 | | interest, the court may enter an order requiring the Department | 14 | | to develop and implement
a Sibling Contact Support Plan under | 15 | | subsection (f) of Section 7.4 of the Children and Family | 16 | | Services Act or order mediation. Unless otherwise specifically | 17 | | authorized by law, the court is not
empowered under this | 18 | | subsection (3) to order specific placements, specific
| 19 | | services, or specific service
providers to be included in the | 20 | | plan. If, after receiving evidence, the court determines that | 21 | | the services contained in the plan are not reasonably | 22 | | calculated to facilitate achievement of the permanency goal, | 23 | | the court shall put in writing the factual basis supporting the | 24 | | determination and enter specific findings based on the | 25 | | evidence. The court also shall enter an order for the | 26 | | Department to develop and implement a new service plan or to |
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| 1 | | implement changes to the current service plan consistent with | 2 | | the court's findings. The new service plan shall be filed with | 3 | | the court and served on all parties within 45 days after the | 4 | | date of the order. The court shall continue the matter until | 5 | | the new service plan is filed. Except as authorized by | 6 | | subsection (3.5) of this Section or authorized by law, the | 7 | | court is not empowered under this Section to order specific | 8 | | placements, specific services, or specific service providers | 9 | | to be included in the service plan. Unless otherwise | 10 | | specifically authorized by law, the court is not empowered | 11 | | under this subsection (3) or under subsection (2) to order | 12 | | specific placements, specific services, or specific service | 13 | | providers to be included in the plan.
| 14 | | (3.5) If, after reviewing the evidence, including evidence | 15 | | from the Department, the court determines that the minor's | 16 | | current or planned placement is not necessary or appropriate to | 17 | | facilitate achievement of the permanency goal, the court shall | 18 | | put in writing the factual basis supporting its determination | 19 | | and enter specific findings based on the evidence. If the court | 20 | | finds that the minor's current or planned placement is not | 21 | | necessary or appropriate, the court may enter an order | 22 | | directing the Department to implement a recommendation by the | 23 | | minor's treating clinician or a clinician contracted by the | 24 | | Department to evaluate the minor or a recommendation made by | 25 | | the Department. If the Department places a minor in a placement | 26 | | under an order entered under this subsection (3.5), the |
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| 1 | | Department has the authority to remove the minor from that | 2 | | placement when a change in circumstances necessitates the | 3 | | removal to protect the minor's health, safety, and best | 4 | | interest. If the Department determines removal is necessary, | 5 | | the Department shall notify the parties of the planned | 6 | | placement change in writing no later than 10 days prior to the | 7 | | implementation of its determination unless remaining in the | 8 | | placement poses an imminent risk of harm to the minor, in which | 9 | | case the Department shall notify the parties of the placement | 10 | | change in writing immediately following the implementation of | 11 | | its decision. The Department shall notify others of the | 12 | | decision to change the minor's placement as required by | 13 | | Department rule. | 14 | | (4) In addition to any other order of disposition, the | 15 | | court may order
any minor adjudicated neglected with respect to | 16 | | his or her own injurious
behavior to make restitution, in | 17 | | monetary or non-monetary form, under the
terms and conditions | 18 | | of Section 5-5-6 of the Unified Code of Corrections,
except | 19 | | that the "presentence hearing" referred to therein shall be the
| 20 | | dispositional hearing for purposes of this Section. The parent, | 21 | | guardian
or legal custodian of the minor may pay some or all of | 22 | | such restitution on
the minor's behalf.
| 23 | | (5) Any order for disposition where the minor is committed | 24 | | or placed in
accordance with Section 2-27 shall provide for the | 25 | | parents or guardian of
the estate of such minor to pay to the | 26 | | legal custodian or guardian of the
person of the minor such |
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| 1 | | sums as are determined by the custodian or guardian
of the | 2 | | person of the minor as necessary for the minor's needs. Such | 3 | | payments
may not exceed the maximum amounts provided for by | 4 | | Section 9.1 of the
Children and Family Services Act.
| 5 | | (6) Whenever the order of disposition requires the minor to | 6 | | attend
school or participate in a program of training, the | 7 | | truant officer or
designated school official shall regularly | 8 | | report to the court if the minor
is a chronic or habitual | 9 | | truant under Section 26-2a of the School Code.
| 10 | | (7) The court may terminate the parental rights of a parent | 11 | | at the initial
dispositional hearing if all of the conditions | 12 | | in subsection (5) of Section
2-21 are met.
| 13 | | (Source: P.A. 96-581, eff. 1-1-10; 96-600, eff. 8-21-09; | 14 | | 96-1000, eff. 7-2-10; 97-1076, eff. 8-24-12.)
| 15 | | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| 16 | | Sec. 2-28. Court review.
| 17 | | (1) The court may require any legal custodian or guardian | 18 | | of the person
appointed under this Act to report periodically | 19 | | to the court or may cite
him into court and require him or his | 20 | | agency, to make a full and
accurate report of his or its doings | 21 | | in behalf of the minor. The
custodian or guardian, within 10 | 22 | | days after such citation, shall make
the report, either in | 23 | | writing verified by affidavit or orally under oath
in open | 24 | | court, or otherwise as the court directs. Upon the hearing of
| 25 | | the report the court may remove the custodian or guardian and |
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| 1 | | appoint
another in his stead or restore the minor to the | 2 | | custody of his parents
or former guardian or custodian. | 3 | | However, custody of the minor shall
not be restored to any | 4 | | parent, guardian or legal custodian in any case
in which the | 5 | | minor is found to be neglected or abused under Section 2-3 or
| 6 | | dependent under Section 2-4 of this
Act, unless the minor can | 7 | | be cared for at home without endangering the
minor's health or | 8 | | safety and it is in the best interests of the minor, and
if | 9 | | such neglect,
abuse, or dependency is found by the court under | 10 | | paragraph (1)
of Section 2-21 of
this Act to have come about | 11 | | due to the acts or omissions or both of such
parent, guardian
| 12 | | or legal custodian, until such time as an investigation is made | 13 | | as provided in
paragraph (5) and a hearing is held on the issue | 14 | | of the fitness of such parent,
guardian or legal custodian to | 15 | | care for the minor and the court enters an order
that such | 16 | | parent, guardian or legal custodian is fit to care for the | 17 | | minor.
| 18 | | (2) The first permanency hearing shall be
conducted by the | 19 | | judge. Subsequent permanency hearings may be
heard by a judge | 20 | | or by hearing officers appointed or approved by the court in
| 21 | | the manner set forth in Section 2-28.1 of this Act.
The initial | 22 | | hearing shall be held (a) within 12 months from the date
| 23 | | temporary
custody was taken, regardless of whether an | 24 | | adjudication or dispositional hearing has been completed | 25 | | within that time frame, (b) if the parental rights of both | 26 | | parents have been
terminated in accordance with the procedure |
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| 1 | | described in subsection (5) of
Section 2-21, within
30 days of | 2 | | the order for termination of parental rights and appointment of
| 3 | | a guardian with power to consent to adoption, or (c) in | 4 | | accordance with
subsection
(2) of Section 2-13.1. Subsequent | 5 | | permanency hearings
shall be held every 6 months
or more | 6 | | frequently if necessary in the court's determination following | 7 | | the
initial permanency hearing, in accordance with the | 8 | | standards set forth in this
Section, until the court determines | 9 | | that the plan and goal have been achieved.
Once the plan and | 10 | | goal have been achieved, if the minor remains in substitute
| 11 | | care, the case shall be reviewed at least every 6 months | 12 | | thereafter, subject to
the provisions of this Section, unless | 13 | | the minor is placed in the guardianship
of a suitable relative | 14 | | or other person and the court determines that further
| 15 | | monitoring by the court does not further the health, safety or | 16 | | best interest of
the child and that this is a stable permanent | 17 | | placement.
The permanency hearings must occur within the time | 18 | | frames set forth in this
subsection and may not be delayed in | 19 | | anticipation of a report from any source or due to the agency's | 20 | | failure to timely file its written report (this
written report | 21 | | means the one required under the next paragraph and does not
| 22 | | mean the service plan also referred to in that paragraph).
| 23 | | The public agency that is the custodian or guardian of the | 24 | | minor, or another
agency responsible for the minor's care, | 25 | | shall ensure that all parties to the
permanency hearings are | 26 | | provided a copy of the most recent
service plan prepared within |
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| 1 | | the prior 6 months
at least 14 days in advance of the hearing. | 2 | | If not contained in the plan, the
agency shall also include a | 3 | | report setting forth (i) any special
physical, psychological, | 4 | | educational, medical, emotional, or other needs of the
minor or | 5 | | his or her family that are relevant to a permanency or | 6 | | placement
determination and (ii) for any minor age 16 or over, | 7 | | a written description of
the programs and services that will | 8 | | enable the minor to prepare for independent
living. The | 9 | | agency's written report must detail what progress or lack of
| 10 | | progress the parent has made in correcting the conditions | 11 | | requiring the child
to be in care; whether the child can be | 12 | | returned home without jeopardizing the
child's health, safety, | 13 | | and welfare, and if not, what permanency goal is
recommended to | 14 | | be in the best interests of the child, and why the other
| 15 | | permanency goals are not appropriate. The caseworker must | 16 | | appear and testify
at the permanency hearing. If a permanency | 17 | | hearing has not previously been
scheduled by the court, the | 18 | | moving party shall move for the setting of a
permanency hearing | 19 | | and the entry of an order within the time frames set forth
in | 20 | | this subsection.
| 21 | | At the permanency hearing, the court shall determine the | 22 | | future status
of the child. The court shall set one of the | 23 | | following permanency goals:
| 24 | | (A) The minor will be returned home by a specific date | 25 | | within 5
months.
| 26 | | (B) The minor will be in short-term care with a
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| 1 | | continued goal to return home within a period not to exceed | 2 | | one
year, where the progress of the parent or parents is | 3 | | substantial giving
particular consideration to the age and | 4 | | individual needs of the minor.
| 5 | | (B-1) The minor will be in short-term care with a | 6 | | continued goal to return
home pending a status hearing. | 7 | | When the court finds that a parent has not made
reasonable | 8 | | efforts or reasonable progress to date, the court shall | 9 | | identify
what actions the parent and the Department must | 10 | | take in order to justify a
finding of reasonable efforts or | 11 | | reasonable progress and shall set a status
hearing to be | 12 | | held not earlier than 9 months from the date of | 13 | | adjudication nor
later than 11 months from the date of | 14 | | adjudication during which the parent's
progress will again | 15 | | be reviewed.
| 16 | | (C) The minor will be in substitute care pending court
| 17 | | determination on termination of parental rights.
| 18 | | (D) Adoption, provided that parental rights have been | 19 | | terminated or
relinquished.
| 20 | | (E) The guardianship of the minor will be transferred | 21 | | to an individual or
couple on a permanent basis provided | 22 | | that goals (A) through (D) have
been ruled out.
| 23 | | (F) The minor over age 15 will be in substitute care | 24 | | pending
independence.
| 25 | | (G) The minor will be in substitute care because he or | 26 | | she cannot be
provided for in a home environment due to |
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| 1 | | developmental
disabilities or mental illness or because he | 2 | | or she is a danger to self or
others, provided that goals | 3 | | (A) through (D) have been ruled out.
| 4 | | In selecting any permanency goal, the court shall indicate | 5 | | in writing the
reasons the goal was selected and why the | 6 | | preceding goals were ruled out.
Where the court has selected a | 7 | | permanency goal other than (A), (B), or (B-1),
the
Department | 8 | | of Children and Family Services shall not provide further
| 9 | | reunification services, but shall provide services
consistent | 10 | | with the goal
selected.
| 11 | | (H) Notwithstanding any other provision in this | 12 | | Section, the court may select the goal of continuing foster | 13 | | care as a permanency goal if: | 14 | | (1) The Department of Children and Family Services | 15 | | has custody and guardianship of the minor; | 16 | | (2) The court has ruled out all other permanency | 17 | | goals based on the child's best interest;
| 18 | | (3) The court has found compelling reasons, based | 19 | | on written documentation reviewed by the court, to | 20 | | place the minor in continuing foster care. Compelling | 21 | | reasons include:
| 22 | | (a) the child does not wish to be adopted or to | 23 | | be placed in the guardianship of his or her | 24 | | relative or foster care placement;
| 25 | | (b) the child exhibits an extreme level of need | 26 | | such that the removal of the child from his or her |
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| 1 | | placement would be detrimental to the child; or
| 2 | | (c) the child who is the subject of the | 3 | | permanency hearing has existing close and strong | 4 | | bonds with a sibling, and achievement of another | 5 | | permanency goal would substantially interfere with | 6 | | the subject child's sibling relationship, taking | 7 | | into consideration the nature and extent of the | 8 | | relationship, and whether ongoing contact is in | 9 | | the subject child's best interest, including | 10 | | long-term emotional interest, as compared with the | 11 | | legal and emotional benefit of permanence;
| 12 | | (4) The child has lived with the relative or foster | 13 | | parent for at least one year; and
| 14 | | (5) The relative or foster parent currently caring | 15 | | for the child is willing and capable of providing the | 16 | | child with a stable and permanent environment. | 17 | | The court shall set a
permanency
goal that is in the best | 18 | | interest of the child. In determining that goal, the court | 19 | | shall consult with the minor in an age-appropriate manner | 20 | | regarding the proposed permanency or transition plan for the | 21 | | minor. The court's determination
shall include the following | 22 | | factors:
| 23 | | (1) Age of the child.
| 24 | | (2) Options available for permanence, including both | 25 | | out-of-State and in-State placement options.
| 26 | | (3) Current placement of the child and the intent of |
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| 1 | | the family regarding
adoption.
| 2 | | (4) Emotional, physical, and mental status or | 3 | | condition of the child.
| 4 | | (5) Types of services previously offered and whether or | 5 | | not
the services were successful and, if not successful, | 6 | | the reasons the services
failed.
| 7 | | (6) Availability of services currently needed and | 8 | | whether the services
exist.
| 9 | | (7) Status of siblings of the minor.
| 10 | | The court shall consider (i) the permanency goal contained | 11 | | in the service
plan, (ii) the appropriateness of the
services | 12 | | contained in the plan and whether those services have been
| 13 | | provided, (iii) whether reasonable efforts have been made by | 14 | | all
the parties to the service plan to achieve the goal, and | 15 | | (iv) whether the plan
and goal have been achieved. All evidence
| 16 | | relevant to determining these questions, including oral and | 17 | | written reports,
may be admitted and may be relied on to the | 18 | | extent of their probative value.
| 19 | | The court shall make findings as to whether, in violation | 20 | | of Section 8.2 of the Abused and Neglected Child Reporting Act, | 21 | | any portion of the service plan compels a child or parent to | 22 | | engage in any activity or refrain from any activity that is not | 23 | | reasonably related to remedying a condition or conditions that | 24 | | gave rise or which could give rise to any finding of child | 25 | | abuse or neglect. The services contained in the service plan | 26 | | shall include services reasonably related to remedy the |
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| 1 | | conditions that gave rise to removal of the child from the home | 2 | | of his or her parents, guardian, or legal custodian or that the | 3 | | court has found must be remedied prior to returning the child | 4 | | home. Any tasks the court requires of the parents, guardian, or | 5 | | legal custodian or child prior to returning the child home, | 6 | | must be reasonably related to remedying a condition or | 7 | | conditions that gave rise to or which could give rise to any | 8 | | finding of child abuse or neglect. | 9 | | If the permanency goal is to return home, the court shall | 10 | | make findings that identify any problems that are causing | 11 | | continued placement of the children away from the home and | 12 | | identify what outcomes would be considered a resolution to | 13 | | these problems. The court shall explain to the parents that | 14 | | these findings are based on the information that the court has | 15 | | at that time and may be revised, should additional evidence be | 16 | | presented to the court. | 17 | | The court shall review the Sibling Contact Support Plan | 18 | | developed or modified under subsection (f) of Section 7.4 of | 19 | | the Children and Family Services Act, if applicable. If the | 20 | | Department has not convened a meeting to
develop or modify a | 21 | | Sibling Contact Support Plan, or if the court finds that the | 22 | | existing Plan
is not in the child's best interest, the court | 23 | | may enter an order requiring the Department to
develop, modify | 24 | | or implement a Sibling Contact Support Plan, or order | 25 | | mediation. | 26 | | If the goal has been achieved, the court shall enter orders |
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| 1 | | that are
necessary to conform the minor's legal custody and | 2 | | status to those findings.
| 3 | | If, after receiving evidence, the court determines that the | 4 | | services
contained in the plan are not reasonably calculated to | 5 | | facilitate achievement
of the permanency goal, the court shall | 6 | | put in writing the factual basis
supporting the determination | 7 | | and enter specific findings based on the evidence.
The court | 8 | | also shall enter an order for the Department to develop and
| 9 | | implement a new service plan or to implement changes to the | 10 | | current service
plan consistent with the court's findings. The | 11 | | new service plan shall be filed
with the court and served on | 12 | | all parties within 45 days of the date of the
order. The court | 13 | | shall continue the matter until the new service plan is
filed. | 14 | | Except as authorized by subsection (2.5) of this Section and as | 15 | | otherwise specifically authorized by law, the court is not | 16 | | empowered under this Section to order specific placements, | 17 | | specific services, or specific service providers to be included | 18 | | in the service plan. Unless otherwise specifically authorized | 19 | | by law, the court is not
empowered under this subsection (2) or | 20 | | under subsection (3) to order specific
placements, specific | 21 | | services, or specific service providers to be included in
the | 22 | | plan.
| 23 | | A guardian or custodian appointed by the court pursuant to | 24 | | this Act shall
file updated case plans with the court every 6 | 25 | | months.
| 26 | | Rights of wards of the court under this Act are enforceable |
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| 1 | | against
any public agency by complaints for relief by mandamus | 2 | | filed in any
proceedings brought under this Act.
| 3 | | (2.5) If, after reviewing the evidence, including evidence | 4 | | from the Department, the court determines that the minor's | 5 | | current or planned placement is not necessary or appropriate to | 6 | | facilitate achievement of the permanency goal, the court shall | 7 | | put in writing the factual basis supporting its determination | 8 | | and enter specific findings based on the evidence. If the court | 9 | | finds that the minor's current or planned placement is not | 10 | | necessary or appropriate, the court may enter an order | 11 | | directing the Department to implement a recommendation by the | 12 | | minor's treating clinician or a clinician contracted by the | 13 | | Department to evaluate the minor or a recommendation made by | 14 | | the Department. If the Department places a minor in a placement | 15 | | under an order entered under this subsection (2.5), the | 16 | | Department has the authority to remove the minor from that | 17 | | placement when a change in circumstances necessitates the | 18 | | removal to protect the minor's health, safety, and best | 19 | | interest. If the Department determines removal is necessary, | 20 | | the Department shall notify the parties of the planned | 21 | | placement change in writing no later than 10 days prior to the | 22 | | implementation of its determination unless remaining in the | 23 | | placement poses an imminent risk of harm to the minor, in which | 24 | | case the Department shall notify the parties of the placement | 25 | | change in writing immediately following the implementation of | 26 | | its decision. The Department shall notify others of the |
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| 1 | | decision to change the minor's placement as required by | 2 | | Department rule. | 3 | | (3) Following the permanency hearing, the court shall enter | 4 | | a written order
that includes the determinations required under | 5 | | subsection (2) of this
Section and sets forth the following:
| 6 | | (a) The future status of the minor, including the | 7 | | permanency goal, and
any order necessary to conform the | 8 | | minor's legal custody and status to such
determination; or
| 9 | | (b) If the permanency goal of the minor cannot be | 10 | | achieved immediately,
the specific reasons for continuing | 11 | | the minor in the care of the Department of
Children and | 12 | | Family Services or other agency for short term placement, | 13 | | and the
following determinations:
| 14 | | (i) (Blank).
| 15 | | (ii) Whether the services required by the court
and | 16 | | by any service plan prepared within the prior 6 months
| 17 | | have been provided and (A) if so, whether the services | 18 | | were reasonably
calculated to facilitate the | 19 | | achievement of the permanency goal or (B) if not
| 20 | | provided, why the services were not provided.
| 21 | | (iii) Whether the minor's current or planned | 22 | | placement is necessary, and appropriate to the
plan and | 23 | | goal, recognizing the right of minors to the least | 24 | | restrictive (most
family-like) setting available and | 25 | | in close proximity to the parents' home
consistent with | 26 | | the health, safety, best interest and special needs of |
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| 1 | | the
minor and, if the minor is placed out-of-State, | 2 | | whether the out-of-State
placement continues to be | 3 | | appropriate and consistent with the health, safety,
| 4 | | and best interest of the minor.
| 5 | | (iv) (Blank).
| 6 | | (v) (Blank).
| 7 | | (4) The minor or any person interested in the minor may | 8 | | apply to the
court for a change in custody of the minor and the | 9 | | appointment of a new
custodian or guardian of the person or for | 10 | | the restoration of the minor
to the custody of his parents or | 11 | | former guardian or custodian.
| 12 | | When return home is not selected as the permanency goal:
| 13 | | (a) The Department, the minor, or the current
foster | 14 | | parent or relative
caregiver seeking private guardianship | 15 | | may file a motion for private
guardianship of the minor. | 16 | | Appointment of a guardian under this Section
requires | 17 | | approval of the court.
| 18 | | (b) The State's Attorney may file a motion to terminate | 19 | | parental rights of
any parent who has failed to make | 20 | | reasonable efforts to correct the conditions
which led to | 21 | | the removal of the child or reasonable progress toward the | 22 | | return
of the child, as defined in subdivision (D)(m) of | 23 | | Section 1 of the Adoption Act
or for whom any other | 24 | | unfitness ground for terminating parental rights as
| 25 | | defined in subdivision (D) of Section 1 of the Adoption Act | 26 | | exists. |
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| 1 | | When parental rights have been terminated for a minimum | 2 | | of 3 years and the child who is the subject of the | 3 | | permanency hearing is 13 years old or older and is not | 4 | | currently placed in a placement likely to achieve | 5 | | permanency, the Department of
Children and Family Services | 6 | | shall make reasonable efforts to locate parents whose | 7 | | rights have been terminated, except when the Court | 8 | | determines that those efforts would be futile or | 9 | | inconsistent with the subject child's best interests. The | 10 | | Department of
Children and Family Services shall assess the | 11 | | appropriateness of the parent whose rights have been | 12 | | terminated, and shall, as appropriate, foster and support | 13 | | connections between the parent whose rights have been | 14 | | terminated and the youth. The Department of
Children and | 15 | | Family Services shall document its determinations and | 16 | | efforts to foster connections in the child's case plan.
| 17 | | Custody of the minor shall not be restored to any parent, | 18 | | guardian or legal
custodian in any case in which the minor is | 19 | | found to be neglected or abused
under Section 2-3 or dependent | 20 | | under Section 2-4 of this Act, unless the
minor can be cared | 21 | | for at home
without endangering his or her health or safety and | 22 | | it is in the best
interest of the minor,
and if such neglect, | 23 | | abuse, or dependency is found by the court
under paragraph (1) | 24 | | of Section 2-21 of this Act to have come
about due to the acts | 25 | | or omissions or both of such parent, guardian or legal
| 26 | | custodian, until such time as an investigation is made as |
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| 1 | | provided in
paragraph (5) and a hearing is held on the issue of | 2 | | the health,
safety and
best interest of the minor and the | 3 | | fitness of such
parent, guardian or legal custodian to care for | 4 | | the minor and the court
enters an order that such parent, | 5 | | guardian or legal custodian is fit to
care for the minor. In | 6 | | the event that the minor has attained 18 years
of age and the | 7 | | guardian or custodian petitions the court for an order
| 8 | | terminating his guardianship or custody, guardianship or | 9 | | custody shall
terminate automatically 30 days after the receipt | 10 | | of the petition unless
the court orders otherwise. No legal | 11 | | custodian or guardian of the
person may be removed without his | 12 | | consent until given notice and an
opportunity to be heard by | 13 | | the court.
| 14 | | When the court orders a child restored to the custody of | 15 | | the parent or
parents, the court shall order the parent or | 16 | | parents to cooperate with the
Department of Children and Family | 17 | | Services and comply with the terms of an
after-care plan, or | 18 | | risk the loss of custody of the child and possible
termination | 19 | | of their parental rights. The court may also enter an order of
| 20 | | protective supervision in accordance with Section 2-24.
| 21 | | (5) Whenever a parent, guardian, or legal custodian files a | 22 | | motion for
restoration of custody of the minor, and the minor | 23 | | was adjudicated
neglected, abused, or dependent as a result of | 24 | | physical abuse,
the court shall cause to be
made an | 25 | | investigation as to whether the movant has ever been charged
| 26 | | with or convicted of any criminal offense which would indicate |
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| 1 | | the
likelihood of any further physical abuse to the minor. | 2 | | Evidence of such
criminal convictions shall be taken into | 3 | | account in determining whether the
minor can be cared for at | 4 | | home without endangering his or her health or safety
and | 5 | | fitness of the parent, guardian, or legal custodian.
| 6 | | (a) Any agency of this State or any subdivision thereof | 7 | | shall
co-operate with the agent of the court in providing | 8 | | any information
sought in the investigation.
| 9 | | (b) The information derived from the investigation and | 10 | | any
conclusions or recommendations derived from the | 11 | | information shall be
provided to the parent, guardian, or | 12 | | legal custodian seeking restoration
of custody prior to the | 13 | | hearing on fitness and the movant shall have
an opportunity | 14 | | at the hearing to refute the information or contest its
| 15 | | significance.
| 16 | | (c) All information obtained from any investigation | 17 | | shall be confidential
as provided in Section 5-150 of this | 18 | | Act.
| 19 | | (Source: P.A. 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12; | 20 | | 98-756, eff. 7-16-14.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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