Full Text of HB3595 102nd General Assembly
HB3595enr 102ND 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 2-10, 2-23, 2-28, and 2-33 as follows:
| 6 | | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| 7 | | Sec. 2-10. Temporary custody hearing. At the appearance of | 8 | | the
minor before the court at the temporary custody hearing, | 9 | | all
witnesses present shall be examined before the court in | 10 | | relation to any
matter connected with the allegations made in | 11 | | the petition.
| 12 | | (1) If the court finds that there is not probable cause to | 13 | | believe
that the minor is abused, neglected or dependent it | 14 | | shall release
the minor and dismiss the petition.
| 15 | | (2) If the court finds that there is probable cause to | 16 | | believe that
the minor is abused, neglected or dependent, the | 17 | | court shall state in writing
the factual basis supporting its | 18 | | finding and the minor, his or her parent,
guardian, custodian | 19 | | and other persons able to give relevant testimony
shall be | 20 | | examined before the court. The Department of Children and
| 21 | | Family Services shall give testimony concerning indicated | 22 | | reports of abuse
and neglect, of which they are aware through | 23 | | the central registry,
involving the minor's parent, guardian |
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| 1 | | or custodian. After such
testimony, the court may, consistent | 2 | | with
the health,
safety and best interests of the minor,
enter | 3 | | an order that the minor shall be released
upon the request of | 4 | | parent, guardian or custodian if the parent, guardian
or | 5 | | custodian appears to take custody. If it is determined that a | 6 | | parent's, guardian's, or custodian's compliance with critical | 7 | | services mitigates the necessity for removal of the minor from | 8 | | his or her home, the court may enter an Order of Protection | 9 | | setting forth reasonable conditions of behavior that a parent, | 10 | | guardian, or custodian must observe for a specified period of | 11 | | time, not to exceed 12 months, without a violation; provided, | 12 | | however, that the 12-month period shall begin anew after any | 13 | | violation. "Custodian" includes the Department of Children and | 14 | | Family Services, if it has been given custody of the child, or | 15 | | any other agency of the State which has been given custody or | 16 | | wardship of the child. If it is
consistent with the health, | 17 | | safety and best interests of the
minor, the
court may also | 18 | | prescribe shelter care and
order that the minor be kept in a | 19 | | suitable place designated by the court or in
a shelter care | 20 | | facility designated by the Department of Children and Family
| 21 | | Services or a licensed child welfare
agency; however, on and | 22 | | after January 1, 2015 (the effective date of Public Act | 23 | | 98-803) and before January 1, 2017, a minor charged with a
| 24 | | criminal offense under the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012 or adjudicated delinquent
shall not be | 26 | | placed in the custody of or committed to the Department of
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| 1 | | Children and Family Services by any court, except a minor less | 2 | | than 16
years of age and committed to the Department of | 3 | | Children and Family Services
under Section 5-710 of this Act | 4 | | or a minor for whom an independent
basis of
abuse, neglect, or | 5 | | dependency exists; and on and after January 1, 2017, a minor | 6 | | charged with a
criminal offense under the Criminal Code of | 7 | | 1961 or the Criminal Code of 2012 or adjudicated delinquent
| 8 | | shall not be placed in the custody of or committed to the | 9 | | Department of
Children and Family Services by any court, | 10 | | except a minor less than 15 years of age and committed to the | 11 | | Department of Children and Family Services
under Section 5-710 | 12 | | of this Act or a minor for whom an independent
basis of
abuse, | 13 | | neglect, or dependency exists.
An independent basis exists | 14 | | when the allegations or adjudication of abuse, neglect, or | 15 | | dependency do not arise from the same facts, incident, or | 16 | | circumstances which give rise to a charge or adjudication of | 17 | | delinquency.
| 18 | | In placing the minor, the Department or other
agency | 19 | | shall, to the extent
compatible with the court's order, comply | 20 | | with Section 7 of the Children and
Family Services Act.
In | 21 | | determining
the health, safety and best interests of the minor | 22 | | to prescribe shelter
care, the court must
find that it is a | 23 | | matter of immediate and urgent necessity for the safety
and | 24 | | protection
of the minor or of the person or property of another | 25 | | that the minor be placed
in a shelter care facility or that he | 26 | | or she is likely to flee the jurisdiction
of the court, and |
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| 1 | | must further find that reasonable efforts have been made or
| 2 | | that, consistent with the health, safety and best interests of
| 3 | | the minor, no efforts reasonably can be made to
prevent or | 4 | | eliminate the necessity of removal of the minor from his or her
| 5 | | home. The court shall require documentation from the | 6 | | Department of Children and
Family Services as to the | 7 | | reasonable efforts that were made to prevent or
eliminate the | 8 | | necessity of removal of the minor from his or her home or the
| 9 | | reasons why no efforts reasonably could be made to prevent or | 10 | | eliminate the
necessity of removal. When a minor is placed in | 11 | | the home of a relative, the
Department of Children and Family | 12 | | Services shall complete a preliminary
background review of the | 13 | | members of the minor's custodian's household in
accordance | 14 | | with Section 4.3 of the Child Care Act of 1969 within 90 days | 15 | | of
that placement. If the minor is ordered placed in a shelter | 16 | | care facility of
the Department of Children and
Family | 17 | | Services or a licensed child welfare agency, the court shall, | 18 | | upon
request of the appropriate Department or other agency, | 19 | | appoint the
Department of Children and Family Services | 20 | | Guardianship Administrator or
other appropriate agency | 21 | | executive temporary custodian of the minor and the
court may | 22 | | enter such other orders related to the temporary custody as it
| 23 | | deems fit and proper, including the provision of services to | 24 | | the minor or
his family to ameliorate the causes contributing | 25 | | to the finding of probable
cause or to the finding of the | 26 | | existence of immediate and urgent necessity. |
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| 1 | | Where the Department of Children and Family Services | 2 | | Guardianship Administrator is appointed as the executive | 3 | | temporary custodian, the Department of Children and Family | 4 | | Services shall file with the court and serve on the parties a | 5 | | parent-child visiting plan, within 10 days, excluding weekends | 6 | | and holidays, after the appointment. The parent-child visiting | 7 | | plan shall set out the time and place of visits, the frequency | 8 | | of visits, the length of visits, who shall be present at the | 9 | | visits, and where appropriate, the minor's opportunities to | 10 | | have telephone and mail communication with the parents. | 11 | | Where the Department of Children and Family Services | 12 | | Guardianship Administrator is
appointed as the executive | 13 | | temporary custodian, and when the child has siblings in care,
| 14 | | the Department of Children and Family Services shall file with | 15 | | the court and serve on the
parties a sibling placement and | 16 | | contact plan within 10 days, excluding weekends and
holidays, | 17 | | after the appointment. The sibling placement and contact plan | 18 | | shall set forth
whether the siblings are placed together, and | 19 | | if they are not placed together, what, if any,
efforts are | 20 | | being made to place them together. If the Department has | 21 | | determined that it is
not in a child's best interest to be | 22 | | placed with a sibling, the Department shall document in
the | 23 | | sibling placement and contact plan the basis for its | 24 | | determination. For siblings placed
separately, the sibling | 25 | | placement and contact plan shall set the time and place for | 26 | | visits,
the frequency of the visits, the length of visits, who |
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| 1 | | shall be present for the visits, and
where appropriate, the | 2 | | child's opportunities to have contact with their siblings in | 3 | | addition to
in person contact. If the Department determines it | 4 | | is not in the best interest of a sibling to
have contact with a | 5 | | sibling, the Department shall document in the sibling | 6 | | placement and
contact plan the basis for its determination. | 7 | | The sibling placement and contact plan shall
specify a date | 8 | | for development of the Sibling Contact Support Plan, under | 9 | | subsection (f) of Section 7.4 of the Children and Family | 10 | | Services Act, and shall remain in effect until the Sibling | 11 | | Contact Support Plan is developed. | 12 | | For good cause, the court may waive the requirement to | 13 | | file the parent-child visiting plan or the sibling placement | 14 | | and contact plan, or extend the time for filing either plan. | 15 | | Any party may, by motion, request the court to review the | 16 | | parent-child visiting plan to determine whether it is | 17 | | reasonably calculated to expeditiously facilitate the | 18 | | achievement of the permanency goal. A party may, by motion, | 19 | | request the court to review the parent-child visiting plan or | 20 | | the sibling placement and contact plan to determine whether it | 21 | | is consistent with the minor's best interest. The court may | 22 | | refer the parties to mediation where available. The frequency, | 23 | | duration, and locations of visitation shall be measured by the | 24 | | needs of the child and family, and not by the convenience of | 25 | | Department personnel. Child development principles shall be | 26 | | considered by the court in its analysis of how frequent |
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| 1 | | visitation should be, how long it should last, where it should | 2 | | take place, and who should be present. If upon motion of the | 3 | | party to review either plan and after receiving evidence, the | 4 | | court determines that the parent-child visiting plan is not | 5 | | reasonably calculated to expeditiously facilitate the | 6 | | achievement of the permanency goal or that the restrictions | 7 | | placed on parent-child contact or sibling placement or contact | 8 | | are contrary to the child's best interests, the court shall | 9 | | put in writing the factual basis supporting the determination | 10 | | and enter specific findings based on the evidence. The court | 11 | | shall enter an order for the Department to implement changes | 12 | | to the parent-child visiting plan or sibling placement or | 13 | | contact plan, consistent with the court's findings. At any | 14 | | stage of proceeding, any party may by motion request the court | 15 | | to enter any orders necessary to implement the parent-child | 16 | | visiting plan, sibling placement or contact plan or | 17 | | subsequently developed Sibling Contact Support Plan. Nothing | 18 | | under this subsection (2) shall restrict the court from | 19 | | granting discretionary authority to the Department to increase | 20 | | opportunities for additional parent-child contacts or sibling | 21 | | contacts, without further court orders. Nothing in this | 22 | | subsection (2) shall restrict the Department from immediately | 23 | | restricting or terminating parent-child contact or sibling | 24 | | contacts, without either amending the parent-child visiting | 25 | | plan or the sibling contact plan or obtaining a court order, | 26 | | where the Department or its assigns reasonably believe that |
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| 1 | | continuation of the contact, as set out in the plan, would be | 2 | | contrary to the child's health, safety, and welfare. The | 3 | | Department shall file with the court and serve on the parties | 4 | | any amendments to the plan within 10 days, excluding weekends | 5 | | and holidays, of the change of the visitation. | 6 | | Acceptance of services shall not be considered an | 7 | | admission of any
allegation in a petition made pursuant to | 8 | | this Act, nor may a referral of
services be considered as | 9 | | evidence in any proceeding pursuant to this Act,
except where | 10 | | the issue is whether the Department has made reasonable
| 11 | | efforts to reunite the family. In making its findings that it | 12 | | is
consistent with the health, safety and best
interests of | 13 | | the minor to prescribe shelter care, the court shall state in
| 14 | | writing (i) the factual basis supporting its findings | 15 | | concerning the
immediate and urgent necessity for the | 16 | | protection of the minor or of the person
or property of another | 17 | | and (ii) the factual basis supporting its findings that
| 18 | | reasonable efforts were made to prevent or eliminate the | 19 | | removal of the minor
from his or her home or that no efforts | 20 | | reasonably could be made to prevent or
eliminate the removal | 21 | | of the minor from his or her home. The
parents, guardian, | 22 | | custodian, temporary custodian and minor shall each be
| 23 | | furnished a copy of such written findings. The temporary | 24 | | custodian shall
maintain a copy of the court order and written | 25 | | findings in the case record
for the child. The order together | 26 | | with the court's findings of fact in
support thereof shall be |
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| 1 | | entered of record in the court.
| 2 | | Once the court finds that it is a matter of immediate and | 3 | | urgent necessity
for the protection of the minor that the | 4 | | minor be placed in a shelter care
facility, the minor shall not | 5 | | be returned to the parent, custodian or guardian
until the | 6 | | court finds that such placement is no longer necessary for the
| 7 | | protection of the minor.
| 8 | | If the child is placed in the temporary custody of the | 9 | | Department of
Children
and Family
Services for his or her | 10 | | protection, the court shall admonish the parents,
guardian,
| 11 | | custodian or responsible relative that the parents must | 12 | | cooperate with the
Department of Children and Family Services, | 13 | | comply
with the terms of the service plans, and correct the | 14 | | conditions which require
the child to be in care, or risk | 15 | | termination of their parental
rights. The court shall ensure, | 16 | | by inquiring in open court of each parent, guardian, custodian | 17 | | or responsible relative, that the parent, guardian, custodian | 18 | | or responsible relative has had the opportunity to provide the | 19 | | Department with all known names, addresses, and telephone | 20 | | numbers of each of the minor's living maternal and paternal | 21 | | adult relatives, including, but not limited to, grandparents, | 22 | | aunts, uncles, and siblings. The court shall advise the | 23 | | parents, guardian, custodian or responsible relative to inform | 24 | | the Department if additional information regarding the minor's | 25 | | adult relatives becomes available.
| 26 | | (3) If prior to the shelter care hearing for a minor |
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| 1 | | described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | 2 | | unable to serve notice on the
party respondent, the shelter | 3 | | care hearing may proceed ex parte. A shelter
care order from an | 4 | | ex parte hearing shall be endorsed with the date and
hour of | 5 | | issuance and shall be filed with the clerk's office and | 6 | | entered of
record. The order shall expire after 10 days from | 7 | | the time it is issued
unless before its expiration it is | 8 | | renewed, at a hearing upon appearance
of the party respondent, | 9 | | or upon an affidavit of the moving party as to all
diligent | 10 | | efforts to notify the party respondent by notice as herein
| 11 | | prescribed. The notice prescribed shall be in writing and | 12 | | shall be
personally delivered to the minor or the minor's | 13 | | attorney and to the last
known address of the other person or | 14 | | persons entitled to notice. The
notice shall also state the | 15 | | nature of the allegations, the nature of the
order sought by | 16 | | the State, including whether temporary custody is sought,
and | 17 | | the consequences of failure to appear and shall contain a | 18 | | notice
that the parties will not be entitled to further | 19 | | written notices or publication
notices of proceedings in this | 20 | | case, including the filing of an amended
petition or a motion | 21 | | to terminate parental rights, except as required by
Supreme | 22 | | Court Rule 11; and shall explain the
right of
the parties and | 23 | | the procedures to vacate or modify a shelter care order as
| 24 | | provided in this Section. The notice for a shelter care | 25 | | hearing shall be
substantially as follows:
| 26 | | NOTICE TO PARENTS AND CHILDREN
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| 1 | | OF SHELTER CARE HEARING
| 2 | | On ................ at ........., before the Honorable | 3 | | ................,
(address:) ................., the State | 4 | | of Illinois will present evidence
(1) that (name of child | 5 | | or children) ....................... are abused,
neglected | 6 | | or dependent for the following reasons:
| 7 | | ..............................................
and (2) | 8 | | whether there is "immediate and urgent necessity" to | 9 | | remove the child
or children from the responsible | 10 | | relative.
| 11 | | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | 12 | | PLACEMENT of the
child or children in foster care until a | 13 | | trial can be held. A trial may
not be held for up to 90 | 14 | | days. You will not be entitled to further notices
of | 15 | | proceedings in this case, including the filing of an | 16 | | amended petition or a
motion to terminate parental rights.
| 17 | | At the shelter care hearing, parents have the | 18 | | following rights:
| 19 | | 1. To ask the court to appoint a lawyer if they | 20 | | cannot afford one.
| 21 | | 2. To ask the court to continue the hearing to | 22 | | allow them time to
prepare.
| 23 | | 3. To present evidence concerning:
| 24 | | a. Whether or not the child or children were | 25 | | abused, neglected
or dependent.
| 26 | | b. Whether or not there is "immediate and |
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| 1 | | urgent necessity" to remove
the child from home | 2 | | (including: their ability to care for the child,
| 3 | | conditions in the home, alternative means of | 4 | | protecting the child other
than removal).
| 5 | | c. The best interests of the child.
| 6 | | 4. To cross examine the State's witnesses.
| 7 | | The Notice for rehearings shall be substantially as | 8 | | follows:
| 9 | | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| 10 | | TO REHEARING ON TEMPORARY CUSTODY
| 11 | | If you were not present at and did not have adequate | 12 | | notice of the
Shelter Care Hearing at which temporary | 13 | | custody of ............... was
awarded to | 14 | | ................, you have the right to request a full | 15 | | rehearing
on whether the State should have temporary | 16 | | custody of ................. To
request this rehearing, | 17 | | you must file with the Clerk of the Juvenile Court
| 18 | | (address): ........................, in person or by | 19 | | mailing a statement
(affidavit) setting forth the | 20 | | following:
| 21 | | 1. That you were not present at the shelter care | 22 | | hearing.
| 23 | | 2. That you did not get adequate notice | 24 | | (explaining how the notice
was inadequate).
| 25 | | 3. Your signature.
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| 1 | | 4. Signature must be notarized.
| 2 | | The rehearing should be scheduled within 48 hours of | 3 | | your filing this
affidavit.
| 4 | | At the rehearing, your rights are the same as at the | 5 | | initial shelter care
hearing. The enclosed notice explains | 6 | | those rights.
| 7 | | At the Shelter Care Hearing, children have the | 8 | | following rights:
| 9 | | 1. To have a guardian ad litem appointed.
| 10 | | 2. To be declared competent as a witness and to | 11 | | present testimony
concerning:
| 12 | | a. Whether they are abused, neglected or | 13 | | dependent.
| 14 | | b. Whether there is "immediate and urgent | 15 | | necessity" to be
removed from home.
| 16 | | c. Their best interests.
| 17 | | 3. To cross examine witnesses for other parties.
| 18 | | 4. To obtain an explanation of any proceedings and | 19 | | orders of the
court.
| 20 | | (4) If the parent, guardian, legal custodian, responsible | 21 | | relative,
minor age 8 or over, or counsel of the minor did not | 22 | | have actual notice of
or was not present at the shelter care | 23 | | hearing, he or she may file an
affidavit setting forth these | 24 | | facts, and the clerk shall set the matter for
rehearing not | 25 | | later than 48 hours, excluding Sundays and legal holidays,
| 26 | | after the filing of the affidavit. At the rehearing, the court |
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| 1 | | shall
proceed in the same manner as upon the original hearing.
| 2 | | (5) Only when there is reasonable cause to believe that | 3 | | the minor
taken into custody is a person described in | 4 | | subsection (3) of Section
5-105 may the minor be
kept or | 5 | | detained in a detention home or county or municipal jail. This
| 6 | | Section shall in no way be construed to limit subsection (6).
| 7 | | (6) No minor under 16 years of age may be confined in a | 8 | | jail or place
ordinarily used for the confinement of prisoners | 9 | | in a police station. Minors
under 18 years of age must be kept | 10 | | separate from confined adults and may
not at any time be kept | 11 | | in the same cell, room, or yard with adults confined
pursuant | 12 | | to the criminal law.
| 13 | | (7) If the minor is not brought before a judicial officer | 14 | | within the
time period as specified in Section 2-9, the minor | 15 | | must immediately be
released from custody.
| 16 | | (8) If neither the parent, guardian or custodian appears | 17 | | within 24
hours to take custody of a minor released upon | 18 | | request pursuant to
subsection (2) of this Section, then the | 19 | | clerk of the court shall set the
matter for rehearing not later | 20 | | than 7 days after the original order and
shall issue a summons | 21 | | directed to the parent, guardian or custodian to
appear. At | 22 | | the same time the probation department shall prepare a report
| 23 | | on the minor. If a parent, guardian or custodian does not | 24 | | appear at such
rehearing, the judge may enter an order | 25 | | prescribing that the minor be kept
in a suitable place | 26 | | designated by the Department of Children and Family
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| 1 | | or a licensed child welfare agency.
| 2 | | (9) Notwithstanding any other provision of this
Section | 3 | | any interested party, including the State, the temporary
| 4 | | custodian, an agency providing services to the minor or family | 5 | | under a
service plan pursuant to Section 8.2 of the Abused and | 6 | | Neglected Child
Reporting Act, foster parent, or any of their | 7 | | representatives, on notice
to all parties entitled to notice, | 8 | | may file a motion that it is in the best
interests of the minor | 9 | | to modify or vacate a
temporary custody order on any of the | 10 | | following grounds:
| 11 | | (a) It is no longer a matter of immediate and urgent | 12 | | necessity that the
minor remain in shelter care; or
| 13 | | (b) There is a material change in the circumstances of | 14 | | the natural
family from which the minor was removed and | 15 | | the child can be cared for at
home without endangering the | 16 | | child's health or safety; or
| 17 | | (c) A person not a party to the alleged abuse, neglect | 18 | | or dependency,
including a parent, relative or legal | 19 | | guardian, is capable of assuming
temporary custody of the | 20 | | minor; or
| 21 | | (d) Services provided by the Department of Children | 22 | | and Family Services
or a child welfare agency or other | 23 | | service provider have been successful in
eliminating the | 24 | | need for temporary custody and the child can be cared for | 25 | | at
home without endangering the child's health or safety.
| 26 | | In ruling on the motion, the court shall determine whether |
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| 1 | | it is consistent
with the health, safety and best interests of | 2 | | the minor to modify
or vacate a temporary custody order. If the
| 3 | | minor is being restored to the custody of a parent, legal | 4 | | custodian, or guardian who lives
outside of Illinois, and an | 5 | | Interstate Compact has been requested and refused, the court | 6 | | may order the
Department of Children and Family Services to | 7 | | arrange for an assessment of the minor's
proposed living | 8 | | arrangement and for ongoing monitoring of the health, safety, | 9 | | and best
interest of the minor and compliance with any order of | 10 | | protective supervision entered in
accordance with Section 2-20 | 11 | | or 2-25.
| 12 | | The clerk shall set the matter for hearing not later than | 13 | | 14 days after
such motion is filed. In the event that the court | 14 | | modifies or vacates a
temporary custody order but does not | 15 | | vacate its finding of probable cause,
the court may order that | 16 | | appropriate services be continued or initiated in
behalf of | 17 | | the minor and his or her family.
| 18 | | (10) When the court finds or has found that there is | 19 | | probable cause to
believe a minor is an abused minor as | 20 | | described in subsection (2) of Section
2-3
and that there is an | 21 | | immediate and urgent necessity for the abused minor to be
| 22 | | placed in shelter care, immediate and urgent necessity shall | 23 | | be presumed for
any other minor residing in the same household | 24 | | as the abused minor provided:
| 25 | | (a) Such other minor is the subject of an abuse or | 26 | | neglect petition
pending before the court; and
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| 1 | | (b) A party to the petition is seeking shelter care | 2 | | for such other minor.
| 3 | | Once the presumption of immediate and urgent necessity has | 4 | | been raised, the
burden of demonstrating the lack of immediate | 5 | | and urgent necessity shall be on
any party that is opposing | 6 | | shelter care for the other minor.
| 7 | | (11) The changes made to this Section by Public Act 98-61 | 8 | | apply to a minor who has been
arrested or taken into custody on | 9 | | or after January 1, 2014 (the effective date
of Public Act | 10 | | 98-61). | 11 | | (12) After the court has placed a minor in the care of a | 12 | | temporary custodian pursuant to this Section, any party may | 13 | | file a motion requesting the court to grant the temporary | 14 | | custodian the authority to serve as a surrogate decision maker | 15 | | for the minor under the Health Care Surrogate Act for purposes | 16 | | of making decisions pursuant to paragraph (1) of subsection | 17 | | (b) of Section 20 of the Health Care Surrogate Act. The court | 18 | | may grant the motion if it determines by clear and convincing | 19 | | evidence that it is in the best interests of the minor to grant | 20 | | the temporary custodian such authority. In making its | 21 | | determination, the court shall weigh the following factors in | 22 | | addition to considering the best interests factors listed in | 23 | | subsection (4.05) of Section 1-3 of this Act: | 24 | | (a) the efforts to identify and locate the respondents | 25 | | and adult family members of the minor and the results of | 26 | | those efforts; |
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| 1 | | (b) the efforts to engage the respondents and adult | 2 | | family members of the minor in decision making on behalf | 3 | | of the minor; | 4 | | (c) the length of time the efforts in paragraphs (a) | 5 | | and (b) have been ongoing; | 6 | | (d) the relationship between the respondents and adult | 7 | | family members and the minor; | 8 | | (e) medical testimony regarding the extent to which | 9 | | the minor is suffering and the impact of a delay in | 10 | | decision-making on the minor; and | 11 | | (f) any other factor the court deems relevant. | 12 | | If the Department of Children and Family Services is the | 13 | | temporary custodian of the minor, in addition to the | 14 | | requirements of paragraph (1) of subsection (b) of Section 20 | 15 | | of the Health Care Surrogate Act, the Department shall follow | 16 | | its rules and procedures in exercising authority granted under | 17 | | this subsection. | 18 | | (Source: P.A. 99-625, eff. 1-1-17; 99-642, eff. 7-28-16; | 19 | | 100-159, eff. 8-18-17; 100-863, eff. 8-14-18; 100-959, eff. | 20 | | 1-1-19 .)
| 21 | | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| 22 | | Sec. 2-23. Kinds of dispositional orders.
| 23 | | (1) The following kinds of orders of disposition may be | 24 | | made in respect of
wards of the court:
| 25 | | (a) A minor found to be neglected or abused under
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| 1 | | Section 2-3 or dependent under Section 2-4 may be (1) | 2 | | continued in the
custody of his or her parents,
guardian | 3 | | or legal custodian; (2) placed in accordance with Section | 4 | | 2-27;
(3) restored to the custody of the parent, parents, | 5 | | guardian, or legal
custodian, provided the court shall | 6 | | order the parent, parents, guardian, or
legal custodian to | 7 | | cooperate with the Department of Children and Family
| 8 | | Services and comply with the terms of an after-care plan | 9 | | or risk the loss of
custody of the child and the possible | 10 | | termination of their parental rights;
or
(4) ordered | 11 | | partially or completely emancipated in accordance with
the | 12 | | provisions of the Emancipation of Minors Act.
| 13 | | If the minor is being restored to the custody of a | 14 | | parent, legal custodian, or guardian who lives
outside of | 15 | | Illinois, and an Interstate Compact has been requested and | 16 | | refused, the court may order the
Department of Children | 17 | | and Family Services to arrange for an assessment of the | 18 | | minor's
proposed living arrangement and for ongoing | 19 | | monitoring of the health, safety, and best
interest of the | 20 | | minor and compliance with any order of protective | 21 | | supervision entered in
accordance with Section 2-24. | 22 | | However, in any case in which a minor is found by the | 23 | | court to be
neglected or abused under Section 2-3 of this | 24 | | Act, custody of the minor
shall not be restored to any | 25 | | parent, guardian or legal custodian whose acts
or | 26 | | omissions or both have been identified, pursuant to |
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| 1 | | subsection (1) of
Section 2-21, as forming the basis for | 2 | | the court's finding of abuse or
neglect, until such time
| 3 | | as a
hearing is held on the issue of the best interests of | 4 | | the minor and the fitness
of such parent, guardian or | 5 | | legal custodian to care for the minor without
endangering | 6 | | the minor's health or safety, and the court
enters an | 7 | | order that such parent, guardian or legal custodian is fit | 8 | | to care
for the minor.
| 9 | | (b) A minor found to be dependent under
Section 2-4 | 10 | | may be (1) placed in accordance with Section 2-27 or (2)
| 11 | | ordered partially or completely emancipated in accordance | 12 | | with the
provisions of the Emancipation of Minors Act.
| 13 | | However, in any case in which a minor is found by the | 14 | | court to be
dependent under Section 2-4 of this Act, | 15 | | custody of the minor shall not be
restored to
any parent, | 16 | | guardian or legal custodian whose acts or omissions or | 17 | | both have
been identified, pursuant to subsection (1) of | 18 | | Section 2-21, as forming the
basis for the court's finding | 19 | | of dependency, until such
time as a hearing is
held on the | 20 | | issue of the fitness of such parent, guardian or legal
| 21 | | custodian to care for the minor without endangering the | 22 | | minor's health or
safety, and the court enters an order | 23 | | that such
parent, guardian or legal custodian is fit to | 24 | | care for the minor.
| 25 | | (b-1) A minor between the ages of 18 and 21 may be | 26 | | placed pursuant to Section 2-27 of this Act if (1) the |
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| 1 | | court has granted a supplemental petition to reinstate | 2 | | wardship of the minor pursuant to subsection (2) of | 3 | | Section 2-33, (2) the court has adjudicated the minor a | 4 | | ward of the court, permitted the minor to return home | 5 | | under an order of protection, and subsequently made a | 6 | | finding that it is in the minor's best interest to vacate | 7 | | the order of protection and commit the minor to the | 8 | | Department of Children and Family Services for care and | 9 | | service, or (3) the court returned the minor to the | 10 | | custody of the respondent under Section 2-4b of this Act | 11 | | without terminating the proceedings under Section 2-31 of | 12 | | this Act, and subsequently made a finding that it is in the | 13 | | minor's best interest to commit the minor to the | 14 | | Department of Children and Family Services for care and | 15 | | services. | 16 | | (c) When the court awards guardianship to the | 17 | | Department of Children and
Family Services, the court | 18 | | shall order the parents to cooperate with the
Department | 19 | | of Children and Family Services, comply with the terms of | 20 | | the
service plans, and correct the conditions that require | 21 | | the child to be in care,
or risk termination of their | 22 | | parental rights.
| 23 | | (2) Any order of disposition may provide for protective | 24 | | supervision
under Section 2-24 and may include an order of | 25 | | protection under Section 2-25.
| 26 | | Unless the order of disposition expressly so provides, it |
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| 1 | | does
not operate to close proceedings on the pending petition, | 2 | | but is subject
to modification, not inconsistent with Section | 3 | | 2-28, until final closing and discharge of the proceedings | 4 | | under
Section 2-31.
| 5 | | (3) The court also shall enter any other orders necessary | 6 | | to fulfill the
service plan, including, but not limited to, | 7 | | (i) orders requiring parties to
cooperate with services, (ii) | 8 | | restraining orders controlling the conduct of any
party likely | 9 | | to frustrate the achievement of the goal, and (iii) visiting
| 10 | | orders. When the child is placed separately from a sibling, | 11 | | the
court shall review the Sibling Contact Support Plan | 12 | | developed under subsection (f) of Section 7.4 of the Children | 13 | | and Family Services Act, if applicable. If the Department has | 14 | | not convened a meeting to develop a Sibling
Contact Support | 15 | | Plan, or if the court finds that the existing Plan is not in | 16 | | the child's best
interest, the court may enter an order | 17 | | requiring the Department to develop and implement
a Sibling | 18 | | Contact Support Plan under subsection (f) of Section 7.4 of | 19 | | the Children and Family Services Act or order mediation. | 20 | | Unless otherwise specifically authorized by law, the court is | 21 | | not
empowered under this subsection (3) to order specific | 22 | | placements, specific
services, or specific service
providers | 23 | | to be included in the plan. If, after receiving evidence, the | 24 | | court determines that the services contained in the plan are | 25 | | not reasonably calculated to facilitate achievement of the | 26 | | permanency goal, the court shall put in writing the factual |
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| 1 | | basis supporting the determination and enter specific findings | 2 | | based on the evidence. The court also shall enter an order for | 3 | | the Department to develop and implement a new service plan or | 4 | | to implement changes to the current service plan consistent | 5 | | with the court's findings. The new service plan shall be filed | 6 | | with the court and served on all parties within 45 days after | 7 | | the date of the order. The court shall continue the matter | 8 | | until the new service plan is filed. Except as authorized by | 9 | | subsection (3.5) of this Section or authorized by law, the | 10 | | court is not empowered under this Section to order specific | 11 | | placements, specific services, or specific service providers | 12 | | to be included in the service plan.
| 13 | | (3.5) If, after reviewing the evidence, including evidence | 14 | | from the Department, the court determines that the minor's | 15 | | current or planned placement is not necessary or appropriate | 16 | | to facilitate achievement of the permanency goal, the court | 17 | | shall put in writing the factual basis supporting its | 18 | | determination and enter specific findings based on the | 19 | | evidence. If the court finds that the minor's current or | 20 | | planned placement is not necessary or appropriate, the court | 21 | | may enter an order directing the Department to implement a | 22 | | recommendation by the minor's treating clinician or a | 23 | | clinician contracted by the Department to evaluate the minor | 24 | | or a recommendation made by the Department. If the Department | 25 | | places a minor in a placement under an order entered under this | 26 | | subsection (3.5), the Department has the authority to remove |
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| 1 | | the minor from that placement when a change in circumstances | 2 | | necessitates the removal to protect the minor's health, | 3 | | safety, and best interest. If the Department determines | 4 | | removal is necessary, the Department shall notify the parties | 5 | | of the planned placement change in writing no later than 10 | 6 | | days prior to the implementation of its determination unless | 7 | | remaining in the placement poses an imminent risk of harm to | 8 | | the minor, in which case the Department shall notify the | 9 | | parties of the placement change in writing immediately | 10 | | following the implementation of its decision. The Department | 11 | | shall notify others of the decision to change the minor's | 12 | | placement as required by Department rule. | 13 | | (4) In addition to any other order of disposition, the | 14 | | court may order
any minor adjudicated neglected with respect | 15 | | to his or her own injurious
behavior to make restitution, in | 16 | | monetary or non-monetary form, under the
terms and conditions | 17 | | of Section 5-5-6 of the Unified Code of Corrections,
except | 18 | | that the "presentence hearing" referred to therein shall be | 19 | | the
dispositional hearing for purposes of this Section. The | 20 | | parent, guardian
or legal custodian of the minor may pay some | 21 | | or all of such restitution on
the minor's behalf.
| 22 | | (5) Any order for disposition where the minor is committed | 23 | | or placed in
accordance with Section 2-27 shall provide for | 24 | | the parents or guardian of
the estate of such minor to pay to | 25 | | the legal custodian or guardian of the
person of the minor such | 26 | | sums as are determined by the custodian or guardian
of the |
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| 1 | | person of the minor as necessary for the minor's needs. Such | 2 | | payments
may not exceed the maximum amounts provided for by | 3 | | Section 9.1 of the
Children and Family Services Act.
| 4 | | (6) Whenever the order of disposition requires the minor | 5 | | to attend
school or participate in a program of training, the | 6 | | truant officer or
designated school official shall regularly | 7 | | report to the court if the minor
is a chronic or habitual | 8 | | truant under Section 26-2a of the School Code.
| 9 | | (7) The court may terminate the parental rights of a | 10 | | parent at the initial
dispositional hearing if all of the | 11 | | conditions in subsection (5) of Section
2-21 are met.
| 12 | | (Source: P.A. 100-45, eff. 8-11-17; 100-978, eff. 8-19-18; | 13 | | 101-79, eff. 7-12-19.)
| 14 | | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| 15 | | Sec. 2-28. Court review.
| 16 | | (1) The court may require any legal custodian or guardian | 17 | | of the person
appointed under this Act to report periodically | 18 | | to the court or may cite
him into court and require him or his | 19 | | agency, to make a full and
accurate report of his or its doings | 20 | | in behalf of the minor. The
custodian or guardian, within 10 | 21 | | days after such citation, or earlier if the court determines | 22 | | it to be necessary to protect the health, safety, or welfare of | 23 | | the minor, shall make
the report, either in writing verified | 24 | | by affidavit or orally under oath
in open court, or otherwise | 25 | | as the court directs. Upon the hearing of
the report the court |
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| 1 | | may remove the custodian or guardian and appoint
another in | 2 | | his stead or restore the minor to the custody of his parents
or | 3 | | former guardian or custodian. However, custody of the minor | 4 | | shall
not be restored to any parent, guardian or legal | 5 | | custodian in any case
in which the minor is found to be | 6 | | neglected or abused under Section 2-3 or
dependent under | 7 | | Section 2-4 of this
Act, unless the minor can be cared for at | 8 | | home without endangering the
minor's health or safety and it | 9 | | is in the best interests of the minor, and
if such neglect,
| 10 | | abuse, or dependency is found by the court under paragraph (1)
| 11 | | of Section 2-21 of
this Act to have come about due to the acts | 12 | | or omissions or both of such
parent, guardian
or legal | 13 | | custodian, until such time as an investigation is made as | 14 | | provided in
paragraph (5) and a hearing is held on the issue of | 15 | | the fitness of such parent,
guardian or legal custodian to | 16 | | care for the minor and the court enters an order
that such | 17 | | parent, guardian or legal custodian is fit to care for the | 18 | | minor.
| 19 | | (1.5) The public agency that is the custodian or guardian | 20 | | of the minor shall file a written report with the court no | 21 | | later than 15 days after a minor in the agency's care remains: | 22 | | (1) in a shelter placement beyond 30 days; | 23 | | (2) in a psychiatric hospital past the time when the | 24 | | minor is clinically ready for discharge or beyond medical | 25 | | necessity for the minor's health; or | 26 | | (3) in a detention center or Department of Juvenile |
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| 1 | | Justice facility solely because the public agency cannot | 2 | | find an appropriate placement for the minor. | 3 | | The report shall explain the steps the agency is taking to | 4 | | ensure the minor is placed appropriately, how the minor's | 5 | | needs are being met in the minor's shelter placement, and if a | 6 | | future placement has been identified by the Department, why | 7 | | the anticipated placement is appropriate for the needs of the | 8 | | minor and the anticipated placement date. | 9 | | (1.6) Within 35 days after placing a child in its care in a | 10 | | qualified residential treatment program, as defined by the | 11 | | federal Social Security Act, the Department of Children and | 12 | | Family Services shall file a written report with the court and | 13 | | send copies of the report to all parties. Within 20 days of the | 14 | | filing of the report, the court shall hold a hearing to | 15 | | consider the Department's report and determine whether | 16 | | placement of the child in a qualified residential treatment | 17 | | program provides the most effective and appropriate level of | 18 | | care for the child in the least restrictive environment and if | 19 | | the placement is consistent with the short-term and long-term | 20 | | goals for the child, as specified in the permanency plan for | 21 | | the child. The court shall approve or disapprove the | 22 | | placement. If applicable, the requirements of Sections 2-27.1 | 23 | | and 2-27.2 must also be met.
The Department's written report | 24 | | and the court's written determination shall be included in and | 25 | | made part of the case plan for the child. If the child remains | 26 | | placed in a qualified residential treatment program, the |
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| 1 | | Department shall submit evidence at each status and permanency | 2 | | hearing: | 3 | | (1) demonstrating that on-going assessment of the | 4 | | strengths and needs of the child continues to support the | 5 | | determination that the child's needs cannot be met through | 6 | | placement in a foster family home, that the placement | 7 | | provides the most effective and appropriate level of care | 8 | | for the child in the least restrictive, appropriate | 9 | | environment, and that the placement is consistent with the | 10 | | short-term and long-term permanency goal for the child, as | 11 | | specified in the permanency plan for the child; | 12 | | (2) documenting the specific treatment or service | 13 | | needs that should be met for the child in the placement and | 14 | | the length of time the child is expected to need the | 15 | | treatment or services; and | 16 | | (3) the efforts made by the agency to prepare the | 17 | | child to return home or to be placed with a fit and willing | 18 | | relative, a legal guardian, or an adoptive parent, or in a | 19 | | foster family home. | 20 | | (2) The first permanency hearing shall be
conducted by the | 21 | | judge. Subsequent permanency hearings may be
heard by a judge | 22 | | or by hearing officers appointed or approved by the court in
| 23 | | the manner set forth in Section 2-28.1 of this Act.
The initial | 24 | | hearing shall be held (a) within 12 months from the date
| 25 | | temporary
custody was taken, regardless of whether an | 26 | | adjudication or dispositional hearing has been completed |
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| 1 | | within that time frame, (b) if the parental rights of both | 2 | | parents have been
terminated in accordance with the procedure | 3 | | described in subsection (5) of
Section 2-21, within
30 days of | 4 | | the order for termination of parental rights and appointment | 5 | | of
a guardian with power to consent to adoption, or (c) in | 6 | | accordance with
subsection
(2) of Section 2-13.1. Subsequent | 7 | | permanency hearings
shall be held every 6 months
or more | 8 | | frequently if necessary in the court's determination following | 9 | | the
initial permanency hearing, in accordance with the | 10 | | standards set forth in this
Section, until the court | 11 | | determines that the plan and goal have been achieved.
Once the | 12 | | plan and goal have been achieved, if the minor remains in | 13 | | substitute
care, the case shall be reviewed at least every 6 | 14 | | months thereafter, subject to
the provisions of this Section, | 15 | | unless the minor is placed in the guardianship
of a suitable | 16 | | relative or other person and the court determines that further
| 17 | | monitoring by the court does not further the health, safety or | 18 | | best interest of
the child and that this is a stable permanent | 19 | | placement.
The permanency hearings must occur within the time | 20 | | frames set forth in this
subsection and may not be delayed in | 21 | | anticipation of a report from any source or due to the agency's | 22 | | failure to timely file its written report (this
written report | 23 | | means the one required under the next paragraph and does not
| 24 | | mean the service plan also referred to in that paragraph).
| 25 | | The public agency that is the custodian or guardian of the | 26 | | minor, or another
agency responsible for the minor's care, |
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| 1 | | shall ensure that all parties to the
permanency hearings are | 2 | | provided a copy of the most recent
service plan prepared | 3 | | within the prior 6 months
at least 14 days in advance of the | 4 | | hearing. If not contained in the agency's service plan, the
| 5 | | agency shall also include a report setting forth (i) any | 6 | | special
physical, psychological, educational, medical, | 7 | | emotional, or other needs of the
minor or his or her family | 8 | | that are relevant to a permanency or placement
determination | 9 | | and (ii) for any minor age 16 or over, a written description of
| 10 | | the programs and services that will enable the minor to | 11 | | prepare for independent
living. If not contained in the | 12 | | agency's service plan, the agency's report shall specify if a | 13 | | minor is placed in a licensed child care facility under a | 14 | | corrective plan by the Department due to concerns impacting | 15 | | the minor's safety and well-being. The report shall explain | 16 | | the steps the Department is taking to ensure the safety and | 17 | | well-being of the minor and that the minor's needs are met in | 18 | | the facility. The agency's written report must detail what | 19 | | progress or lack of
progress the parent has made in correcting | 20 | | the conditions requiring the child
to be in care; whether the | 21 | | child can be returned home without jeopardizing the
child's | 22 | | health, safety, and welfare, and if not, what permanency goal | 23 | | is
recommended to be in the best interests of the child, and | 24 | | why the other
permanency goals are not appropriate. The | 25 | | caseworker must appear and testify
at the permanency hearing. | 26 | | If a permanency hearing has not previously been
scheduled by |
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| 1 | | the court, the moving party shall move for the setting of a
| 2 | | permanency hearing and the entry of an order within the time | 3 | | frames set forth
in this subsection.
| 4 | | At the permanency hearing, the court shall determine the | 5 | | future status
of the child. The court shall set one of the | 6 | | following permanency goals:
| 7 | | (A) The minor will be returned home by a specific date | 8 | | within 5
months.
| 9 | | (B) The minor will be in short-term care with a
| 10 | | continued goal to return home within a period not to | 11 | | exceed one
year, where the progress of the parent or | 12 | | parents is substantial giving
particular consideration to | 13 | | the age and individual needs of the minor.
| 14 | | (B-1) The minor will be in short-term care with a | 15 | | continued goal to return
home pending a status hearing. | 16 | | When the court finds that a parent has not made
reasonable | 17 | | efforts or reasonable progress to date, the court shall | 18 | | identify
what actions the parent and the Department must | 19 | | take in order to justify a
finding of reasonable efforts | 20 | | or reasonable progress and shall set a status
hearing to | 21 | | be held not earlier than 9 months from the date of | 22 | | adjudication nor
later than 11 months from the date of | 23 | | adjudication during which the parent's
progress will again | 24 | | be reviewed.
| 25 | | (C) The minor will be in substitute care pending court
| 26 | | determination on termination of parental rights.
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| 1 | | (D) Adoption, provided that parental rights have been | 2 | | terminated or
relinquished.
| 3 | | (E) The guardianship of the minor will be transferred | 4 | | to an individual or
couple on a permanent basis provided | 5 | | that goals (A) through (D) have
been ruled out.
| 6 | | (F) The minor over age 15 will be in substitute care | 7 | | pending
independence. In selecting this permanency goal, | 8 | | the Department of Children and Family Services may provide | 9 | | services to enable reunification and to strengthen the | 10 | | minor's connections with family, fictive kin, and other | 11 | | responsible adults, provided the services are in the | 12 | | minor's best interest. The services shall be documented in | 13 | | the service plan.
| 14 | | (G) The minor will be in substitute care because he or | 15 | | she cannot be
provided for in a home environment due to | 16 | | developmental
disabilities or mental illness or because he | 17 | | or she is a danger to self or
others, provided that goals | 18 | | (A) through (D) have been ruled out.
| 19 | | In selecting any permanency goal, the court shall indicate | 20 | | in writing the
reasons the goal was selected and why the | 21 | | preceding goals were ruled out.
Where the court has selected a | 22 | | permanency goal other than (A), (B), or (B-1),
the
Department | 23 | | of Children and Family Services shall not provide further
| 24 | | reunification services, except as provided in paragraph (F) of | 25 | | this subsection (2), but shall provide services
consistent | 26 | | with the goal
selected.
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| 1 | | (H) Notwithstanding any other provision in this | 2 | | Section, the court may select the goal of continuing | 3 | | foster care as a permanency goal if: | 4 | | (1) The Department of Children and Family Services | 5 | | has custody and guardianship of the minor; | 6 | | (2) The court has ruled out all other permanency | 7 | | goals based on the child's best interest;
| 8 | | (3) The court has found compelling reasons, based | 9 | | on written documentation reviewed by the court, to | 10 | | place the minor in continuing foster care. Compelling | 11 | | reasons include:
| 12 | | (a) the child does not wish to be adopted or to | 13 | | be placed in the guardianship of his or her | 14 | | relative or foster care placement;
| 15 | | (b) the child exhibits an extreme level of | 16 | | need such that the removal of the child from his or | 17 | | her placement would be detrimental to the child; | 18 | | or
| 19 | | (c) the child who is the subject of the | 20 | | permanency hearing has existing close and strong | 21 | | bonds with a sibling, and achievement of another | 22 | | permanency goal would substantially interfere with | 23 | | the subject child's sibling relationship, taking | 24 | | into consideration the nature and extent of the | 25 | | relationship, and whether ongoing contact is in | 26 | | the subject child's best interest, including |
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| 1 | | long-term emotional interest, as compared with the | 2 | | legal and emotional benefit of permanence;
| 3 | | (4) The child has lived with the relative or | 4 | | foster parent for at least one year; and
| 5 | | (5) The relative or foster parent currently caring | 6 | | for the child is willing and capable of providing the | 7 | | child with a stable and permanent environment. | 8 | | The court shall set a
permanency
goal that is in the best | 9 | | interest of the child. In determining that goal, the court | 10 | | shall consult with the minor in an age-appropriate manner | 11 | | regarding the proposed permanency or transition plan for the | 12 | | minor. The court's determination
shall include the following | 13 | | factors:
| 14 | | (1) Age of the child.
| 15 | | (2) Options available for permanence, including both | 16 | | out-of-state and in-state placement options.
| 17 | | (3) Current placement of the child and the intent of | 18 | | the family regarding
adoption.
| 19 | | (4) Emotional, physical, and mental status or | 20 | | condition of the child.
| 21 | | (5) Types of services previously offered and whether | 22 | | or not
the services were successful and, if not | 23 | | successful, the reasons the services
failed.
| 24 | | (6) Availability of services currently needed and | 25 | | whether the services
exist.
| 26 | | (7) Status of siblings of the minor.
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| 1 | | The court shall consider (i) the permanency goal contained | 2 | | in the service
plan, (ii) the appropriateness of the
services | 3 | | contained in the plan and whether those services have been
| 4 | | provided, (iii) whether reasonable efforts have been made by | 5 | | all
the parties to the service plan to achieve the goal, and | 6 | | (iv) whether the plan
and goal have been achieved. All | 7 | | evidence
relevant to determining these questions, including | 8 | | oral and written reports,
may be admitted and may be relied on | 9 | | to the extent of their probative value.
| 10 | | The court shall make findings as to whether, in violation | 11 | | of Section 8.2 of the Abused and Neglected Child Reporting | 12 | | Act, any portion of the service plan compels a child or parent | 13 | | to engage in any activity or refrain from any activity that is | 14 | | not reasonably related to remedying a condition or conditions | 15 | | that gave rise or which could give rise to any finding of child | 16 | | abuse or neglect. The services contained in the service plan | 17 | | shall include services reasonably related to remedy the | 18 | | conditions that gave rise to removal of the child from the home | 19 | | of his or her parents, guardian, or legal custodian or that the | 20 | | court has found must be remedied prior to returning the child | 21 | | home. Any tasks the court requires of the parents, guardian, | 22 | | or legal custodian or child prior to returning the child home, | 23 | | must be reasonably related to remedying a condition or | 24 | | conditions that gave rise to or which could give rise to any | 25 | | finding of child abuse or neglect. | 26 | | If the permanency goal is to return home, the court shall |
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| 1 | | make findings that identify any problems that are causing | 2 | | continued placement of the children away from the home and | 3 | | identify what outcomes would be considered a resolution to | 4 | | these problems. The court shall explain to the parents that | 5 | | these findings are based on the information that the court has | 6 | | at that time and may be revised, should additional evidence be | 7 | | presented to the court. | 8 | | The court shall review the Sibling Contact Support Plan | 9 | | developed or modified under subsection (f) of Section 7.4 of | 10 | | the Children and Family Services Act, if applicable. If the | 11 | | Department has not convened a meeting to
develop or modify a | 12 | | Sibling Contact Support Plan, or if the court finds that the | 13 | | existing Plan
is not in the child's best interest, the court | 14 | | may enter an order requiring the Department to
develop, modify | 15 | | or implement a Sibling Contact Support Plan, or order | 16 | | mediation. | 17 | | If the goal has been achieved, the court shall enter | 18 | | orders that are
necessary to conform the minor's legal custody | 19 | | and status to those findings.
| 20 | | 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 | 24 | | the 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 of the date | 4 | | of the
order. The court shall continue the matter until the new | 5 | | service plan is
filed. Except as authorized by subsection | 6 | | (2.5) of this Section and as otherwise specifically authorized | 7 | | by law, the court is not empowered under this Section to order | 8 | | specific placements, specific services, or specific service | 9 | | providers to be included in the service plan.
| 10 | | A guardian or custodian appointed by the court pursuant to | 11 | | this Act shall
file updated case plans with the court every 6 | 12 | | months.
| 13 | | Rights of wards of the court under this Act are | 14 | | enforceable against
any public agency by complaints for relief | 15 | | by mandamus filed in any
proceedings brought under this Act.
| 16 | | (2.5) If, after reviewing the evidence, including evidence | 17 | | from the Department, the court determines that the minor's | 18 | | current or planned placement is not necessary or appropriate | 19 | | to facilitate achievement of the permanency goal, the court | 20 | | shall put in writing the factual basis supporting its | 21 | | determination and enter specific findings based on the | 22 | | evidence. If the court finds that the minor's current or | 23 | | planned placement is not necessary or appropriate, the court | 24 | | may enter an order directing the Department to implement a | 25 | | recommendation by the minor's treating clinician or a | 26 | | clinician contracted by the Department to evaluate the minor |
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| 1 | | or a recommendation made by the Department. If the Department | 2 | | places a minor in a placement under an order entered under this | 3 | | subsection (2.5), the Department has the authority to remove | 4 | | the minor from that placement when a change in circumstances | 5 | | necessitates the removal to protect the minor's health, | 6 | | safety, and best interest. If the Department determines | 7 | | removal is necessary, the Department shall notify the parties | 8 | | of the planned placement change in writing no later than 10 | 9 | | days prior to the implementation of its determination unless | 10 | | remaining in the placement poses an imminent risk of harm to | 11 | | the minor, in which case the Department shall notify the | 12 | | parties of the placement change in writing immediately | 13 | | following the implementation of its decision. The Department | 14 | | shall notify others of the decision to change the minor's | 15 | | placement as required by Department rule. | 16 | | (3) Following the permanency hearing, the court shall | 17 | | enter a written order
that includes the determinations | 18 | | required under subsection (2) of this
Section and sets forth | 19 | | the following:
| 20 | | (a) The future status of the minor, including the | 21 | | permanency goal, and
any order necessary to conform the | 22 | | minor's legal custody and status to such
determination; or
| 23 | | (b) If the permanency goal of the minor cannot be | 24 | | achieved immediately,
the specific reasons for continuing | 25 | | the minor in the care of the Department of
Children and | 26 | | Family Services or other agency for short term placement, |
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| 1 | | and the
following determinations:
| 2 | | (i) (Blank).
| 3 | | (ii) Whether the services required by the court
| 4 | | and by any service plan prepared within the prior 6 | 5 | | months
have been provided and (A) if so, whether the | 6 | | services were reasonably
calculated to facilitate the | 7 | | achievement of the permanency goal or (B) if not
| 8 | | provided, why the services were not provided.
| 9 | | (iii) Whether the minor's current or planned | 10 | | placement is necessary, and appropriate to the
plan | 11 | | and goal, recognizing the right of minors to the least | 12 | | restrictive (most
family-like) setting available and | 13 | | in close proximity to the parents' home
consistent | 14 | | with the health, safety, best interest and special | 15 | | needs of the
minor and, if the minor is placed | 16 | | out-of-state, whether the out-of-state
placement | 17 | | continues to be appropriate and consistent with the | 18 | | health, safety,
and best interest of the minor.
| 19 | | (iv) (Blank).
| 20 | | (v) (Blank).
| 21 | | (4) The minor or any person interested in the minor may | 22 | | apply to the
court for a change in custody of the minor and the | 23 | | appointment of a new
custodian or guardian of the person or for | 24 | | the restoration of the minor
to the custody of his parents or | 25 | | former guardian or custodian.
| 26 | | When return home is not selected as the permanency goal:
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| 1 | | (a) The Department, the minor, or the current
foster | 2 | | parent or relative
caregiver seeking private guardianship | 3 | | may file a motion for private
guardianship of the minor. | 4 | | Appointment of a guardian under this Section
requires | 5 | | approval of the court.
| 6 | | (b) The State's Attorney may file a motion to | 7 | | terminate parental rights of
any parent who has failed to | 8 | | make reasonable efforts to correct the conditions
which | 9 | | led to the removal of the child or reasonable progress | 10 | | toward the return
of the child, as defined in subdivision | 11 | | (D)(m) of Section 1 of the Adoption Act
or for whom any | 12 | | other unfitness ground for terminating parental rights as
| 13 | | defined in subdivision (D) of Section 1 of the Adoption | 14 | | Act exists. | 15 | | When parental rights have been terminated for a | 16 | | minimum of 3 years and the child who is the subject of the | 17 | | permanency hearing is 13 years old or older and is not | 18 | | currently placed in a placement likely to achieve | 19 | | permanency, the Department of
Children and Family Services | 20 | | shall make reasonable efforts to locate parents whose | 21 | | rights have been terminated, except when the Court | 22 | | determines that those efforts would be futile or | 23 | | inconsistent with the subject child's best interests. The | 24 | | Department of
Children and Family Services shall assess | 25 | | the appropriateness of the parent whose rights have been | 26 | | terminated, and shall, as appropriate, foster and support |
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| 1 | | connections between the parent whose rights have been | 2 | | terminated and the youth. The Department of
Children and | 3 | | Family Services shall document its determinations and | 4 | | efforts to foster connections in the child's case plan.
| 5 | | Custody of the minor shall not be restored to any parent, | 6 | | guardian or legal
custodian in any case in which the minor is | 7 | | found to be neglected or abused
under Section 2-3 or dependent | 8 | | under Section 2-4 of this Act, unless the
minor can be cared | 9 | | for at home
without endangering his or her health or safety and | 10 | | it is in the best
interest of the minor,
and if such neglect, | 11 | | abuse, or dependency is found by the court
under paragraph (1) | 12 | | of Section 2-21 of this Act to have come
about due to the acts | 13 | | or omissions or both of such parent, guardian or legal
| 14 | | custodian, until such time as an investigation is made as | 15 | | provided in
paragraph (5) and a hearing is held on the issue of | 16 | | the health,
safety and
best interest of the minor and the | 17 | | fitness of such
parent, guardian or legal custodian to care | 18 | | for the minor and the court
enters an order that such parent, | 19 | | guardian or legal custodian is fit to
care for the minor. If a | 20 | | motion is filed to modify or
vacate a private guardianship | 21 | | order and return the child to a parent, guardian, or legal | 22 | | custodian, the
court may order the Department of Children and | 23 | | Family Services to assess the minor's current and
proposed | 24 | | living arrangements and to provide ongoing monitoring of the | 25 | | health, safety, and best interest
of the minor during the | 26 | | pendency of the motion to assist the court in making that |
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| 1 | | determination. In the event that the minor has attained 18 | 2 | | years
of age and the guardian or custodian petitions the court | 3 | | for an order
terminating his guardianship or custody, | 4 | | guardianship or custody shall
terminate automatically 30 days | 5 | | after the receipt of the petition unless
the court orders | 6 | | otherwise. No legal custodian or guardian of the
person may be | 7 | | removed without his consent until given notice and an
| 8 | | opportunity to be heard by the court.
| 9 | | When the court orders a child restored to the custody of | 10 | | the parent or
parents, the court shall order the parent or | 11 | | parents to cooperate with the
Department of Children and | 12 | | Family Services and comply with the terms of an
after-care | 13 | | plan, or risk the loss of custody of the child and possible
| 14 | | termination of their parental rights. The court may also enter | 15 | | an order of
protective supervision in accordance with Section | 16 | | 2-24.
| 17 | | If the minor is being restored to the custody of a parent, | 18 | | legal custodian, or guardian who lives
outside of Illinois, | 19 | | and an Interstate Compact has been requested and refused, the | 20 | | court may order the
Department of Children and Family Services | 21 | | to arrange for an assessment of the minor's
proposed living | 22 | | arrangement and for ongoing monitoring of the health, safety, | 23 | | and best
interest of the minor and compliance with any order of | 24 | | protective supervision entered in
accordance with Section | 25 | | 2-24. | 26 | | (5) Whenever a parent, guardian, or legal custodian files |
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| 1 | | a motion for
restoration of custody of the minor, and the minor | 2 | | was adjudicated
neglected, abused, or dependent as a result of | 3 | | physical abuse,
the court shall cause to be
made an | 4 | | investigation as to whether the movant has ever been charged
| 5 | | with or convicted of any criminal offense which would indicate | 6 | | the
likelihood of any further physical abuse to the minor. | 7 | | Evidence of such
criminal convictions shall be taken into | 8 | | account in determining whether the
minor can be cared for at | 9 | | home without endangering his or her health or safety
and | 10 | | fitness of the parent, guardian, or legal custodian.
| 11 | | (a) Any agency of this State or any subdivision | 12 | | thereof shall
co-operate with the agent of the court in | 13 | | providing any information
sought in the investigation.
| 14 | | (b) The information derived from the investigation and | 15 | | any
conclusions or recommendations derived from the | 16 | | information shall be
provided to the parent, guardian, or | 17 | | legal custodian seeking restoration
of custody prior to | 18 | | the hearing on fitness and the movant shall have
an | 19 | | opportunity at the hearing to refute the information or | 20 | | contest its
significance.
| 21 | | (c) All information obtained from any investigation | 22 | | shall be confidential
as provided in Section 5-150 of this | 23 | | Act.
| 24 | | (Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17; | 25 | | 100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff. | 26 | | 8-19-18; 101-63, eff. 10-1-19 .)
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| 1 | | (705 ILCS 405/2-33)
| 2 | | Sec. 2-33. Supplemental petition to reinstate wardship.
| 3 | | (1) Any time prior to a minor's 18th birthday, pursuant to | 4 | | a supplemental
petition filed under this Section, the court | 5 | | may reinstate wardship and open a
previously closed case when:
| 6 | | (a) wardship and guardianship under the Juvenile Court | 7 | | Act of 1987 was
vacated in
conjunction with the | 8 | | appointment of a private guardian under the Probate Act of
| 9 | | 1975;
| 10 | | (b) the minor is not presently a ward of the court | 11 | | under Article II of
this Act nor is there a petition for | 12 | | adjudication of wardship pending on behalf
of the minor; | 13 | | and
| 14 | | (c) it is in the minor's best interest that wardship | 15 | | be reinstated.
| 16 | | (2) Any time prior to a minor's 21st birthday, pursuant to | 17 | | a supplemental petition filed under this Section, the court | 18 | | may reinstate wardship and open a previously closed case when: | 19 | | (a) wardship and guardianship under this Act was | 20 | | vacated pursuant to: | 21 | | (i) an order entered under subsection (2) of | 22 | | Section 2-31 in the case of a minor over the age of 18; | 23 | | (ii) closure of a case under subsection (2) of | 24 | | Section 2-31 in the case of a minor under the age of 18 | 25 | | who has been partially or completely emancipated in |
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| 1 | | accordance with the Emancipation of Minors Act; or | 2 | | (iii) an order entered under subsection (3) of | 3 | | Section 2-31 based on the minor's attaining the age of | 4 | | 19 years before the effective date of this amendatory | 5 | | Act of the 101st General Assembly; | 6 | | (b) the minor is not presently a ward of the court | 7 | | under Article II of this Act nor is there a petition for | 8 | | adjudication of wardship pending on behalf of the minor; | 9 | | and | 10 | | (c) it is in the minor's best interest that wardship | 11 | | be reinstated. | 12 | | (3) The supplemental petition must be filed in the same | 13 | | proceeding in which
the original adjudication order was | 14 | | entered. Unless excused by court for good
cause shown, the | 15 | | petitioner shall give notice of the time and place of the
| 16 | | hearing on the supplemental petition, in person or by mail, to | 17 | | the minor, if
the
minor is 14 years of age or older, and to the | 18 | | parties to the juvenile court
proceeding.
Notice shall be | 19 | | provided at least 3 court days in advance of the hearing
date.
| 20 | | (3.5) Whenever a petition is filed to reinstate wardship | 21 | | pursuant to subsection (1), prior to granting the
petition, | 22 | | the court may order the Department of Children and Family | 23 | | Services to assess the minor's current
and proposed living | 24 | | arrangements and to provide ongoing monitoring of the health, | 25 | | safety, and best interest
of the minor during the pendency of | 26 | | the petition to assist the court in making that determination. |
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| 1 | | (4) A minor who is the subject of a petition to reinstate | 2 | | wardship under this Section shall be provided with | 3 | | representation in accordance with Sections 1-5 and 2-17 of | 4 | | this Act. | 5 | | (5) Whenever a minor is committed to the Department of | 6 | | Children and Family Services for care and services following | 7 | | the reinstatement of wardship under this Section, the | 8 | | Department shall: | 9 | | (a) Within 30 days of such commitment, prepare and | 10 | | file with the court a case plan which complies with the | 11 | | federal Adoption Assistance and Child Welfare Act of 1980 | 12 | | and is consistent with the health, safety and best | 13 | | interests of the minor; and | 14 | | (b) Promptly refer the minor for such services as are | 15 | | necessary and consistent with the minor's health, safety | 16 | | and best interests. | 17 | | (Source: P.A. 101-78, eff. 7-12-19.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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