Full Text of SB1639 103rd General Assembly
SB1639 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1639 Introduced 2/8/2023, by Sen. Tom Bennett SYNOPSIS AS INTRODUCED: |
| 705 ILCS 405/2-13 | from Ch. 37, par. 802-13 | 705 ILCS 405/2-23 | from Ch. 37, par. 802-23 | 705 ILCS 405/2-28 | from Ch. 37, par. 802-28 |
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Amends the Juvenile Court Act of 1987. Provides a statutory form for a petition for adjudication of wardship. Deletes language prohibiting the court from ordering specific placements, specific
services, or the use of specific service
providers.
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| | A BILL FOR |
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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 2-13, 2-23, and 2-28 as follows:
| 6 | | (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
| 7 | | Sec. 2-13. Petition.
| 8 | | (1) Any adult person, any agency or association by its
| 9 | | representative may file, or the court on its own motion, | 10 | | consistent with the
health, safety and best interests of the | 11 | | minor may direct the
filing through the State's Attorney of a | 12 | | petition in respect of a minor
under this Act. The petition and | 13 | | all subsequent court documents shall be
entitled "In the | 14 | | interest of ...., a minor".
| 15 | | (2) The petition shall be verified but the statements may | 16 | | be made
upon information and belief. It shall allege that the | 17 | | minor is
abused, neglected, or dependent, with citations to | 18 | | the appropriate
provisions of this Act,
and set forth (a) | 19 | | facts sufficient to bring the minor
under Section 2-3 or 2-4 | 20 | | and to inform respondents of the cause of action,
including, | 21 | | but not limited to, a plain and concise statement of the | 22 | | factual
allegations that form the basis for the filing of the | 23 | | petition; (b) the name,
age and residence of the minor; (c) the |
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| 1 | | names and residences of his parents;
(d) the name and | 2 | | residence of his
legal guardian or the person or persons | 3 | | having custody or control of the
minor, or of the nearest known | 4 | | relative if no parent or guardian can be
found; and (e) if the | 5 | | minor upon whose behalf the petition is brought is
sheltered | 6 | | in custody, the date on which such temporary custody
was | 7 | | ordered by the
court or the date set for a temporary custody | 8 | | hearing. If any of the facts
herein required are not known by | 9 | | the petitioner, the petition shall so
state.
| 10 | | (3) The petition must allege that it is in the best | 11 | | interests of the
minor and of the public that he be adjudged a | 12 | | ward of the court and may
pray generally for relief available | 13 | | under this Act. The petition need
not specify any proposed | 14 | | disposition following adjudication of wardship. The petition | 15 | | may request that the minor remain in the custody of the parent, | 16 | | guardian, or custodian under an Order of Protection.
The | 17 | | petition shall be substantially in the following form:
| 18 | | PETITION FOR ADJUDICATION OF WARDSHIP | 19 | | Now comes ............., petitioner, and petitions this | 20 | | court to adjudicate ................................ a ward of | 21 | | the court. In support, the petitioner, on oath or
affirmation, | 22 | | based on information or belief states as follows: | 23 | | (1) ............. is a (male/female) minor born on | 24 | | ................., ........., who resides or may be found | 25 | | in this County at ....................................... | 26 | | (2) The names and residence addresses of the minor's |
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| 1 | | parents, legal guardian, and/or custodian are: |
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2 | | Name and |
Place of |
City/ |
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3 | | Relationship |
Residence |
State/Zip |
| 4 | | ............................................................. | 5 | | ............................................................. | 6 | | ............................................................. | 7 | | The minor and the persons named in (1) and (2) are designated | 8 | | respondents. | 9 | | (3) The minor was | 10 | | ( ) not taken into protective custody. | 11 | | ( ) taken into protective custody on .............., | 12 | | ........ at ...........(a.m./p.m.). | 13 | | ( ) (4) A temporary custody hearing has been set for | 14 | | .............., ........ at ...........(a.m./p.m.). | 15 | | ( ) (5) The minor was neglected pursuant to the following | 16 | | Section or Sections of the Juvenile Court Act of 1987: | 17 | | ( ) 2-3(1)(a), (lack of care), the facts supporting this | 18 | | are: | 19 | | ............................................................. | 20 | | ............................................................. | 21 | | ( ) 2-3(1)(b), (injurious environment), the facts | 22 | | supporting this are: | 23 | | ............................................................. |
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| 1 | | ............................................................. | 2 | | ( ) 2-3(1)(c), (drug-exposed infant), the facts supporting | 3 | | this are: | 4 | | ............................................................. | 5 | | ............................................................. | 6 | | ( ) (6) The minor was abused pursuant to the following Section | 7 | | or Sections of the Juvenile Court Act of 1987: | 8 | | ( ) 2-3(2)(i), (physical abuse), the facts supporting this | 9 | | are: | 10 | | ............................................................. | 11 | | ............................................................. | 12 | | ( ) 2-3(2)(ii), (substantial risk/physical injury), the | 13 | | facts supporting this are: | 14 | | ............................................................. | 15 | | ............................................................. | 16 | | ( ) 2-3(2)(iii), (sexual abuse), the facts supporting this | 17 | | are: | 18 | | ............................................................. | 19 | | ............................................................. | 20 | | ( ) 2-3(2)(iv), (torture), the facts supporting this are: | 21 | | ............................................................. | 22 | | ............................................................. | 23 | | ( ) 2-3(2)(v), (excessive corporal punishment), the facts | 24 | | supporting this are: | 25 | | ............................................................. |
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| 1 | | ............................................................. | 2 | | ( ) (7) The minor is dependent pursuant to Section 2-4 of the | 3 | | Juvenile Court Act of 1987, the facts supporting this are: | 4 | | ............................................................. | 5 | | ............................................................. | 6 | | (8) It is in the best interests of the minor and the public | 7 | | that the minor be adjudged a ward of the court. | 8 | | WHEREFORE, the petitioner asks that the minor be adjudged | 9 | | a ward of the court and that the court enter such
orders as are | 10 | | in the best interests of the minor and grant other relief under | 11 | | the Juvenile Court Act of 1987. | 12 | | ......................
| 13 | | Petitioner (Signature)
| 14 | | (4) If termination of parental rights and appointment of a | 15 | | guardian of the
person with power to consent to adoption of the | 16 | | minor under Section 2-29 is
sought, the petition shall so | 17 | | state. If the petition includes this request,
the prayer for | 18 | | relief shall clearly and obviously state that the parents | 19 | | could
permanently lose their rights as a parent at this | 20 | | hearing.
| 21 | | In addition to the foregoing, the petitioner, by motion, | 22 | | may request the
termination of parental rights and appointment |
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| 1 | | of a guardian of the person with
power to consent to adoption | 2 | | of the minor under Section 2-29 at any time after
the entry of | 3 | | a dispositional order under Section 2-22.
| 4 | | (4.5) (a) Unless good cause exists that filing a petition | 5 | | to terminate parental rights is contrary to the child's best | 6 | | interests, with respect to any minors committed to its care | 7 | | pursuant to
this Act, the Department of Children and Family | 8 | | Services shall request the
State's Attorney to file a petition | 9 | | or motion for termination of parental
rights and appointment | 10 | | of guardian of the person with power to consent to
adoption of | 11 | | the minor under Section 2-29 if:
| 12 | | (i) a minor has been in foster care, as described in | 13 | | subsection (b), for
15 months of the most recent 22 | 14 | | months; or
| 15 | | (ii) a minor under the age of 2 years has been | 16 | | previously determined to be
abandoned at an adjudicatory | 17 | | hearing; or
| 18 | | (iii) the parent is criminally convicted of: | 19 | | (A) first degree murder or
second degree murder of | 20 | | any child; | 21 | | (B) attempt or conspiracy to commit first
degree | 22 | | murder or second degree murder of any child; | 23 | | (C) solicitation to commit
murder of any child, | 24 | | solicitation to commit murder for hire of any child, | 25 | | or
solicitation to
commit second degree murder of any | 26 | | child; |
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| 1 | | (D)
aggravated battery, aggravated battery of a | 2 | | child, or felony domestic battery,
any of which has | 3 | | resulted in serious injury to the minor or a sibling of | 4 | | the
minor; | 5 | | (E) predatory criminal sexual assault of a child; | 6 | | (E-5) aggravated criminal sexual assault; | 7 | | (E-10) criminal sexual abuse in violation of | 8 | | subsection (a) of Section 11-1.50 of the Criminal Code | 9 | | of 1961 or the Criminal Code of 2012; | 10 | | (E-15) sexual exploitation of a child; | 11 | | (E-20) permitting sexual abuse of a child; | 12 | | (E-25) criminal sexual assault; or | 13 | | (F) an offense in any other state the elements of | 14 | | which are similar and bear a
substantial relationship | 15 | | to any of the foregoing offenses.
| 16 | | (a-1) For purposes of this subsection (4.5), good cause | 17 | | exists in the following circumstances: | 18 | | (i) the child
is being cared for by a relative,
| 19 | | (ii) the Department has documented in the
case plan a | 20 | | compelling reason for determining that filing such | 21 | | petition would
not be in the best interests of the child,
| 22 | | (iii) the court has found within the
preceding 12 | 23 | | months that the Department has failed to make reasonable | 24 | | efforts
to reunify the child and family, or
| 25 | | (iv) the parent is incarcerated, or the parent's prior | 26 | | incarceration is a significant factor in why the child has |
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| 1 | | been in foster care for 15 months out of
any 22-month | 2 | | period, the parent maintains a meaningful role in the | 3 | | child's life, and the Department has not documented | 4 | | another reason why it would otherwise be appropriate to | 5 | | file a petition to terminate parental rights pursuant to | 6 | | this Section and the Adoption Act. The assessment of | 7 | | whether an incarcerated parent maintains a meaningful role | 8 | | in the child's life may include consideration of the | 9 | | following:
| 10 | | (A) the child's best interest; | 11 | | (B) the parent's expressions or acts of | 12 | | manifesting concern for the child, such as letters, | 13 | | telephone calls, visits, and other forms of | 14 | | communication with the child and the impact of the | 15 | | communication on the child; | 16 | | (C) the parent's efforts to communicate with and | 17 | | work with the Department for the purpose of complying | 18 | | with the service plan and repairing, maintaining, or | 19 | | building the parent-child relationship; or | 20 | | (D) limitations in the parent's access to family | 21 | | support programs, therapeutic services, visiting | 22 | | opportunities, telephone and mail services, and | 23 | | meaningful participation in court proceedings. | 24 | | (b) For purposes of this subsection, the date of entering | 25 | | foster care is
defined as the earlier of:
| 26 | | (1) The date of a judicial finding at an adjudicatory |
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| 1 | | hearing that the
child is an abused, neglected, or | 2 | | dependent minor; or
| 3 | | (2) 60 days after the date on which the child is | 4 | | removed from his or her
parent, guardian, or legal | 5 | | custodian.
| 6 | | (c) (Blank).
| 7 | | (d) (Blank).
| 8 | | (5) The court shall liberally allow the petitioner to | 9 | | amend the petition to
set forth a cause of action or to add, | 10 | | amend, or supplement factual allegations
that form the basis | 11 | | for a cause of action up until 14 days before the
adjudicatory | 12 | | hearing. The petitioner may amend the petition after that date
| 13 | | and prior to the adjudicatory hearing if the court grants | 14 | | leave to amend upon a
showing of good cause.
The court may | 15 | | allow amendment of the
petition to conform with the evidence | 16 | | at any time prior to ruling. In all
cases in which the court | 17 | | has granted leave to amend based on new evidence or
new | 18 | | allegations, the court shall permit
the respondent an adequate | 19 | | opportunity to prepare a defense to the amended
petition.
| 20 | | (6) At any time before dismissal of the petition or before | 21 | | final closing
and discharge under Section 2-31, one or more | 22 | | motions in the best interests of
the minor may be filed. The | 23 | | motion shall specify sufficient facts in support
of the relief | 24 | | requested.
| 25 | | (Source: P.A. 101-529, eff. 1-1-20 .)
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| 1 | | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| 2 | | Sec. 2-23. Kinds of dispositional orders.
| 3 | | (1) The following kinds of orders of disposition may be | 4 | | made in respect of
wards of the court:
| 5 | | (a) A minor found to be neglected or abused under
| 6 | | Section 2-3 or dependent under Section 2-4 may be (1) | 7 | | continued in the
custody of his or her parents,
guardian | 8 | | or legal custodian; (2) placed in accordance with Section | 9 | | 2-27;
(3) restored to the custody of the parent, parents, | 10 | | guardian, or legal
custodian, provided the court shall | 11 | | order the parent, parents, guardian, or
legal custodian to | 12 | | cooperate with the Department of Children and Family
| 13 | | Services and comply with the terms of an after-care plan | 14 | | or risk the loss of
custody of the child and the possible | 15 | | termination of their parental rights;
or
(4) ordered | 16 | | partially or completely emancipated in accordance with
the | 17 | | provisions of the Emancipation of Minors Act.
| 18 | | If the minor is being restored to the custody of a | 19 | | parent, legal custodian, or guardian who lives
outside of | 20 | | Illinois, and an Interstate Compact has been requested and | 21 | | refused, the court may order the
Department of Children | 22 | | and Family Services to arrange for an assessment of the | 23 | | minor's
proposed living arrangement and for ongoing | 24 | | monitoring of the health, safety, and best
interest of the | 25 | | minor and compliance with any order of protective | 26 | | supervision entered in
accordance with Section 2-24. |
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| 1 | | However, in any case in which a minor is found by the | 2 | | court to be
neglected or abused under Section 2-3 of this | 3 | | Act, custody of the minor
shall not be restored to any | 4 | | parent, guardian or legal custodian whose acts
or | 5 | | omissions or both have been identified, pursuant to | 6 | | subsection (1) of
Section 2-21, as forming the basis for | 7 | | the court's finding of abuse or
neglect, until such time
| 8 | | as a
hearing is held on the issue of the best interests of | 9 | | the minor and the fitness
of such parent, guardian or | 10 | | legal custodian to care for the minor without
endangering | 11 | | the minor's health or safety, and the court
enters an | 12 | | order that such parent, guardian or legal custodian is fit | 13 | | to care
for the minor.
| 14 | | (b) A minor found to be dependent under
Section 2-4 | 15 | | may be (1) placed in accordance with Section 2-27 or (2)
| 16 | | ordered partially or completely emancipated in accordance | 17 | | with the
provisions of the Emancipation of Minors Act.
| 18 | | However, in any case in which a minor is found by the | 19 | | court to be
dependent under Section 2-4 of this Act, | 20 | | custody of the minor shall not be
restored to
any parent, | 21 | | guardian or legal custodian whose acts or omissions or | 22 | | both have
been identified, pursuant to subsection (1) of | 23 | | Section 2-21, as forming the
basis for the court's finding | 24 | | of dependency, until such
time as a hearing is
held on the | 25 | | issue of the fitness of such parent, guardian or legal
| 26 | | custodian to care for the minor without endangering the |
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| 1 | | minor's health or
safety, and the court enters an order | 2 | | that such
parent, guardian or legal custodian is fit to | 3 | | care for the minor.
| 4 | | (b-1) A minor between the ages of 18 and 21 may be | 5 | | placed pursuant to Section 2-27 of this Act if (1) the | 6 | | court has granted a supplemental petition to reinstate | 7 | | wardship of the minor pursuant to subsection (2) of | 8 | | Section 2-33, (2) the court has adjudicated the minor a | 9 | | ward of the court, permitted the minor to return home | 10 | | under an order of protection, and subsequently made a | 11 | | finding that it is in the minor's best interest to vacate | 12 | | the order of protection and commit the minor to the | 13 | | Department of Children and Family Services for care and | 14 | | service, or (3) the court returned the minor to the | 15 | | custody of the respondent under Section 2-4b of this Act | 16 | | without terminating the proceedings under Section 2-31 of | 17 | | this Act, and subsequently made a finding that it is in the | 18 | | minor's best interest to commit the minor to the | 19 | | Department of Children and Family Services for care and | 20 | | services. | 21 | | (c) When the court awards guardianship to the | 22 | | Department of Children and
Family Services, the court | 23 | | shall order the parents to cooperate with the
Department | 24 | | of Children and Family Services, comply with the terms of | 25 | | the
service plans, and correct the conditions that require | 26 | | the child to be in care,
or risk termination of their |
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| 1 | | parental rights.
| 2 | | (2) Any order of disposition may provide for protective | 3 | | supervision
under Section 2-24 and may include an order of | 4 | | protection under Section 2-25.
| 5 | | Unless the order of disposition expressly so provides, it | 6 | | does
not operate to close proceedings on the pending petition, | 7 | | but is subject
to modification, not inconsistent with Section | 8 | | 2-28, until final closing and discharge of the proceedings | 9 | | under
Section 2-31.
| 10 | | (3) The court also shall enter any other orders necessary | 11 | | to fulfill the
service plan, including, but not limited to, | 12 | | (i) orders requiring parties to
cooperate with services, (ii) | 13 | | restraining orders controlling the conduct of any
party likely | 14 | | to frustrate the achievement of the goal, and (iii) visiting
| 15 | | orders. When the child is placed separately from a sibling, | 16 | | the
court shall review the Sibling Contact Support Plan | 17 | | developed under subsection (f) of Section 7.4 of the Children | 18 | | and Family Services Act, if applicable. If the Department has | 19 | | not convened a meeting to develop a Sibling
Contact Support | 20 | | Plan, or if the court finds that the existing Plan is not in | 21 | | the child's best
interest, the court may enter an order | 22 | | requiring the Department to develop and implement
a Sibling | 23 | | Contact Support Plan under subsection (f) of Section 7.4 of | 24 | | the Children and Family Services Act or order mediation. | 25 | | Unless otherwise specifically authorized by law, the court is | 26 | | not
empowered under this subsection (3) to order specific |
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| 1 | | placements, specific
services, or specific service
providers | 2 | | to be included in the plan. If, after receiving evidence, the | 3 | | court determines that the services contained in the plan are | 4 | | not reasonably calculated to facilitate achievement of the | 5 | | permanency goal, the court shall put in writing the factual | 6 | | basis supporting the determination and enter specific findings | 7 | | based on the evidence. The court also shall enter an order for | 8 | | the Department to develop and implement a new service plan or | 9 | | to implement changes to the current service plan consistent | 10 | | with the court's findings. The new service plan shall be filed | 11 | | with the court and served on all parties within 45 days after | 12 | | the date of the order. The court shall continue the matter | 13 | | until the new service plan is filed. Except as authorized by | 14 | | subsection (3.5) of this Section or authorized by law, the | 15 | | court is not empowered under this Section to order specific | 16 | | placements, specific services, or specific service providers | 17 | | to be included in the service plan.
| 18 | | (3.5) If, after reviewing the evidence, including evidence | 19 | | from the Department, the court determines that the minor's | 20 | | current or planned placement is not necessary or appropriate | 21 | | to facilitate achievement of the permanency goal, the court | 22 | | shall put in writing the factual basis supporting its | 23 | | determination and enter specific findings based on the | 24 | | evidence. If the court finds that the minor's current or | 25 | | planned placement is not necessary or appropriate, the court | 26 | | may enter an order directing the Department to implement a |
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| 1 | | recommendation by the minor's treating clinician or a | 2 | | clinician contracted by the Department to evaluate the minor | 3 | | or a recommendation made by the Department. If the Department | 4 | | places a minor in a placement under an order entered under this | 5 | | subsection (3.5), the Department has the authority to remove | 6 | | the minor from that placement when a change in circumstances | 7 | | necessitates the removal to protect the minor's health, | 8 | | safety, and best interest. If the Department determines | 9 | | removal is necessary, the Department shall notify the parties | 10 | | of the planned placement change in writing no later than 10 | 11 | | days prior to the implementation of its determination unless | 12 | | remaining in the placement poses an imminent risk of harm to | 13 | | the minor, in which case the Department shall notify the | 14 | | parties of the placement change in writing immediately | 15 | | following the implementation of its decision. The Department | 16 | | shall notify others of the decision to change the minor's | 17 | | placement as required by Department rule. | 18 | | (4) In addition to any other order of disposition, the | 19 | | court may order
any minor adjudicated neglected with respect | 20 | | to his or her own injurious
behavior to make restitution, in | 21 | | monetary or non-monetary form, under the
terms and conditions | 22 | | of Section 5-5-6 of the Unified Code of Corrections,
except | 23 | | that the "presentence hearing" referred to therein shall be | 24 | | the
dispositional hearing for purposes of this Section. The | 25 | | parent, guardian
or legal custodian of the minor may pay some | 26 | | or all of such restitution on
the minor's behalf.
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| 1 | | (5) Any order for disposition where the minor is committed | 2 | | or placed in
accordance with Section 2-27 shall provide for | 3 | | the parents or guardian of
the estate of such minor to pay to | 4 | | the legal custodian or guardian of the
person of the minor such | 5 | | sums as are determined by the custodian or guardian
of the | 6 | | person of the minor as necessary for the minor's needs. Such | 7 | | payments
may not exceed the maximum amounts provided for by | 8 | | Section 9.1 of the
Children and Family Services Act.
| 9 | | (6) Whenever the order of disposition requires the minor | 10 | | to attend
school or participate in a program of training, the | 11 | | truant officer or
designated school official shall regularly | 12 | | report to the court if the minor
is a chronic or habitual | 13 | | truant under Section 26-2a of the School Code.
| 14 | | (7) The court may terminate the parental rights of a | 15 | | parent at the initial
dispositional hearing if all of the | 16 | | conditions in subsection (5) of Section
2-21 are met.
| 17 | | (Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.)
| 18 | | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| 19 | | Sec. 2-28. Court review.
| 20 | | (1) The court may require any legal custodian or guardian | 21 | | of the person
appointed under this Act to report periodically | 22 | | to the court or may cite
him into court and require him or his | 23 | | agency , to make a full and
accurate report of his or its doings | 24 | | in behalf of the minor. The
custodian or guardian, within 10 | 25 | | days after such citation, or earlier if the court determines |
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| 1 | | it to be necessary to protect the health, safety, or welfare of | 2 | | the minor, shall make
the report, either in writing verified | 3 | | by affidavit or orally under oath
in open court, or otherwise | 4 | | as the court directs. Upon the hearing of
the report the court | 5 | | may remove the custodian or guardian and appoint
another in | 6 | | his stead or restore the minor to the custody of his parents
or | 7 | | former guardian or custodian. However, custody of the minor | 8 | | shall
not be restored to any parent, guardian, or legal | 9 | | custodian in any case
in which the minor is found to be | 10 | | neglected or abused under Section 2-3 or
dependent under | 11 | | Section 2-4 of this
Act, unless the minor can be cared for at | 12 | | home without endangering the
minor's health or safety and it | 13 | | is in the best interests of the minor, and
if such neglect,
| 14 | | abuse, or dependency is found by the court under paragraph (1)
| 15 | | of Section 2-21 of
this Act to have come about due to the acts | 16 | | or omissions or both of such
parent, guardian,
or legal | 17 | | custodian, until such time as an investigation is made as | 18 | | provided in
paragraph (5) and a hearing is held on the issue of | 19 | | the fitness of such parent,
guardian, or legal custodian to | 20 | | care for the minor and the court enters an order
that such | 21 | | parent, guardian, or legal custodian is fit to care for the | 22 | | minor.
| 23 | | (1.5) The public agency that is the custodian or guardian | 24 | | of the minor shall file a written report with the court no | 25 | | later than 15 days after a minor in the agency's care remains: | 26 | | (1) in a shelter placement beyond 30 days; |
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| 1 | | (2) in a psychiatric hospital past the time when the | 2 | | minor is clinically ready for discharge or beyond medical | 3 | | necessity for the minor's health; or | 4 | | (3) in a detention center or Department of Juvenile | 5 | | Justice facility solely because the public agency cannot | 6 | | find an appropriate placement for the minor. | 7 | | The report shall explain the steps the agency is taking to | 8 | | ensure the minor is placed appropriately, how the minor's | 9 | | needs are being met in the minor's shelter placement, and if a | 10 | | future placement has been identified by the Department, why | 11 | | the anticipated placement is appropriate for the needs of the | 12 | | minor and the anticipated placement date. | 13 | | (1.6) Within 35 days after placing a child in its care in a | 14 | | qualified residential treatment program, as defined by the | 15 | | federal Social Security Act, the Department of Children and | 16 | | Family Services shall file a written report with the court and | 17 | | send copies of the report to all parties. Within 20 days of the | 18 | | filing of the report, the court shall hold a hearing to | 19 | | consider the Department's report and determine whether | 20 | | placement of the child in a qualified residential treatment | 21 | | program provides the most effective and appropriate level of | 22 | | care for the child in the least restrictive environment and if | 23 | | the placement is consistent with the short-term and long-term | 24 | | goals for the child, as specified in the permanency plan for | 25 | | the child. The court shall approve or disapprove the | 26 | | placement. If applicable, the requirements of Sections 2-27.1 |
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| 1 | | and 2-27.2 must also be met.
The Department's written report | 2 | | and the court's written determination shall be included in and | 3 | | made part of the case plan for the child. If the child remains | 4 | | placed in a qualified residential treatment program, the | 5 | | Department shall submit evidence at each status and permanency | 6 | | hearing: | 7 | | (1) demonstrating that on-going assessment of the | 8 | | strengths and needs of the child continues to support the | 9 | | determination that the child's needs cannot be met through | 10 | | placement in a foster family home, that the placement | 11 | | provides the most effective and appropriate level of care | 12 | | for the child in the least restrictive, appropriate | 13 | | environment, and that the placement is consistent with the | 14 | | short-term and long-term permanency goal for the child, as | 15 | | specified in the permanency plan for the child; | 16 | | (2) documenting the specific treatment or service | 17 | | needs that should be met for the child in the placement and | 18 | | the length of time the child is expected to need the | 19 | | treatment or services; and | 20 | | (3) the efforts made by the agency to prepare the | 21 | | child to return home or to be placed with a fit and willing | 22 | | relative, a legal guardian, or an adoptive parent, or in a | 23 | | foster family home. | 24 | | (2) The first permanency hearing shall be
conducted by the | 25 | | judge. Subsequent permanency hearings may be
heard by a judge | 26 | | or by hearing officers appointed or approved by the court in
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| 1 | | the manner set forth in Section 2-28.1 of this Act.
The initial | 2 | | hearing shall be held (a) within 12 months from the date
| 3 | | temporary
custody was taken, regardless of whether an | 4 | | adjudication or dispositional hearing has been completed | 5 | | within that time frame, (b) if the parental rights of both | 6 | | parents have been
terminated in accordance with the procedure | 7 | | described in subsection (5) of
Section 2-21, within
30 days of | 8 | | the order for termination of parental rights and appointment | 9 | | of
a guardian with power to consent to adoption, or (c) in | 10 | | accordance with
subsection
(2) of Section 2-13.1. Subsequent | 11 | | permanency hearings
shall be held every 6 months
or more | 12 | | frequently if necessary in the court's determination following | 13 | | the
initial permanency hearing, in accordance with the | 14 | | standards set forth in this
Section, until the court | 15 | | determines that the plan and goal have been achieved.
Once the | 16 | | plan and goal have been achieved, if the minor remains in | 17 | | substitute
care, the case shall be reviewed at least every 6 | 18 | | months thereafter, subject to
the provisions of this Section, | 19 | | unless the minor is placed in the guardianship
of a suitable | 20 | | relative or other person and the court determines that further
| 21 | | monitoring by the court does not further the health, safety , | 22 | | or best interest of
the child and that this is a stable | 23 | | permanent placement.
The permanency hearings must occur within | 24 | | the time frames set forth in this
subsection and may not be | 25 | | delayed in anticipation of a report from any source or due to | 26 | | the agency's failure to timely file its written report (this
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| 1 | | written report means the one required under the next paragraph | 2 | | and does not
mean the service plan also referred to in that | 3 | | paragraph).
| 4 | | The public agency that is the custodian or guardian of the | 5 | | minor, or another
agency responsible for the minor's care, | 6 | | shall ensure that all parties to the
permanency hearings are | 7 | | provided a copy of the most recent
service plan prepared | 8 | | within the prior 6 months
at least 14 days in advance of the | 9 | | hearing. If not contained in the agency's service plan, the
| 10 | | agency shall also include a report setting forth (i) any | 11 | | special
physical, psychological, educational, medical, | 12 | | emotional, or other needs of the
minor or his or her family | 13 | | that are relevant to a permanency or placement
determination | 14 | | and (ii) for any minor age 16 or over, a written description of
| 15 | | the programs and services that will enable the minor to | 16 | | prepare for independent
living. If not contained in the | 17 | | agency's service plan, the agency's report shall specify if a | 18 | | minor is placed in a licensed child care facility under a | 19 | | corrective plan by the Department due to concerns impacting | 20 | | the minor's safety and well-being. The report shall explain | 21 | | the steps the Department is taking to ensure the safety and | 22 | | well-being of the minor and that the minor's needs are met in | 23 | | the facility. The agency's written report must detail what | 24 | | progress or lack of
progress the parent has made in correcting | 25 | | the conditions requiring the child
to be in care; whether the | 26 | | child can be returned home without jeopardizing the
child's |
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| 1 | | health, safety, and welfare, and if not, what permanency goal | 2 | | is
recommended to be in the best interests of the child, and | 3 | | why the other
permanency goals are not appropriate. The | 4 | | caseworker must appear and testify
at the permanency hearing. | 5 | | If a permanency hearing has not previously been
scheduled by | 6 | | the court, the moving party shall move for the setting of a
| 7 | | permanency hearing and the entry of an order within the time | 8 | | frames set forth
in this subsection.
| 9 | | At the permanency hearing, the court shall determine the | 10 | | future status
of the child. The court shall set one of the | 11 | | following permanency goals:
| 12 | | (A) The minor will be returned home by a specific date | 13 | | within 5
months.
| 14 | | (B) The minor will be in short-term care with a
| 15 | | continued goal to return home within a period not to | 16 | | exceed one
year, where the progress of the parent or | 17 | | parents is substantial giving
particular consideration to | 18 | | the age and individual needs of the minor.
| 19 | | (B-1) The minor will be in short-term care with a | 20 | | continued goal to return
home pending a status hearing. | 21 | | When the court finds that a parent has not made
reasonable | 22 | | efforts or reasonable progress to date, the court shall | 23 | | identify
what actions the parent and the Department must | 24 | | take in order to justify a
finding of reasonable efforts | 25 | | or reasonable progress and shall set a status
hearing to | 26 | | be held not earlier than 9 months from the date of |
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| 1 | | adjudication nor
later than 11 months from the date of | 2 | | adjudication during which the parent's
progress will again | 3 | | be reviewed.
| 4 | | (C) The minor will be in substitute care pending court
| 5 | | determination on termination of parental rights.
| 6 | | (D) Adoption, provided that parental rights have been | 7 | | terminated or
relinquished.
| 8 | | (E) The guardianship of the minor will be transferred | 9 | | to an individual or
couple on a permanent basis provided | 10 | | that goals (A) through (D) have
been deemed inappropriate | 11 | | and not in the child's best interests. The court shall | 12 | | confirm that the Department has discussed adoption, if | 13 | | appropriate, and guardianship with the caregiver prior to | 14 | | changing a goal to guardianship.
| 15 | | (F) The minor over age 15 will be in substitute care | 16 | | pending
independence. In selecting this permanency goal, | 17 | | the Department of Children and Family Services may provide | 18 | | services to enable reunification and to strengthen the | 19 | | minor's connections with family, fictive kin, and other | 20 | | responsible adults, provided the services are in the | 21 | | minor's best interest. The services shall be documented in | 22 | | the service plan.
| 23 | | (G) The minor will be in substitute care because he or | 24 | | she cannot be
provided for in a home environment due to | 25 | | developmental
disabilities or mental illness or because he | 26 | | or she is a danger to self or
others, provided that goals |
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| 1 | | (A) through (D) have been deemed inappropriate and not in | 2 | | the child's best interests.
| 3 | | In selecting any permanency goal, the court shall indicate | 4 | | in writing the
reasons the goal was selected and why the | 5 | | preceding goals were deemed inappropriate and not in the | 6 | | child's best interest.
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, except as provided in paragraph (F) of | 10 | | this subsection (2), but shall provide services
consistent | 11 | | with the goal
selected.
| 12 | | (H) Notwithstanding any other provision in this | 13 | | Section, the court may select the goal of continuing | 14 | | foster care as a permanency goal if: | 15 | | (1) The Department of Children and Family Services | 16 | | has custody and guardianship of the minor; | 17 | | (2) The court has deemed all other permanency | 18 | | goals inappropriate based on the child's best | 19 | | interest;
| 20 | | (3) The court has found compelling reasons, based | 21 | | on written documentation reviewed by the court, to | 22 | | place the minor in continuing foster care. Compelling | 23 | | reasons include:
| 24 | | (a) the child does not wish to be adopted or to | 25 | | be placed in the guardianship of his or her | 26 | | relative or foster care placement;
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| 1 | | (b) the child exhibits an extreme level of | 2 | | need such that the removal of the child from his or | 3 | | her placement would be detrimental to the child; | 4 | | or
| 5 | | (c) the child who is the subject of the | 6 | | permanency hearing has existing close and strong | 7 | | bonds with a sibling, and achievement of another | 8 | | permanency goal would substantially interfere with | 9 | | the subject child's sibling relationship, taking | 10 | | into consideration the nature and extent of the | 11 | | relationship, and whether ongoing contact is in | 12 | | the subject child's best interest, including | 13 | | long-term emotional interest, as compared with the | 14 | | legal and emotional benefit of permanence;
| 15 | | (4) The child has lived with the relative or | 16 | | foster parent for at least one year; and
| 17 | | (5) The relative or foster parent currently caring | 18 | | for the child is willing and capable of providing the | 19 | | child with a stable and permanent environment. | 20 | | The court shall set a
permanency
goal that is in the best | 21 | | interest of the child. In determining that goal, the court | 22 | | shall consult with the minor in an age-appropriate manner | 23 | | regarding the proposed permanency or transition plan for the | 24 | | minor. The court's determination
shall include the following | 25 | | factors:
| 26 | | (1) Age of the child.
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| 1 | | (2) Options available for permanence, including both | 2 | | out-of-state and in-state placement options.
| 3 | | (3) Current placement of the child and the intent of | 4 | | the family regarding
adoption.
| 5 | | (4) Emotional, physical, and mental status or | 6 | | condition of the child.
| 7 | | (5) Types of services previously offered and whether | 8 | | or not
the services were successful and, if not | 9 | | successful, the reasons the services
failed.
| 10 | | (6) Availability of services currently needed and | 11 | | whether the services
exist.
| 12 | | (7) Status of siblings of the minor.
| 13 | | The court shall consider (i) the permanency goal contained | 14 | | in the service
plan, (ii) the appropriateness of the
services | 15 | | contained in the plan and whether those services have been
| 16 | | provided, (iii) whether reasonable efforts have been made by | 17 | | all
the parties to the service plan to achieve the goal, and | 18 | | (iv) whether the plan
and goal have been achieved. All | 19 | | evidence
relevant to determining these questions, including | 20 | | oral and written reports,
may be admitted and may be relied on | 21 | | to the extent of their probative value.
| 22 | | The court shall make findings as to whether, in violation | 23 | | of Section 8.2 of the Abused and Neglected Child Reporting | 24 | | Act, any portion of the service plan compels a child or parent | 25 | | to engage in any activity or refrain from any activity that is | 26 | | not reasonably related to remedying a condition or conditions |
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| 1 | | that gave rise or which could give rise to any finding of child | 2 | | abuse or neglect. The services contained in the service plan | 3 | | shall include services reasonably related to remedy the | 4 | | conditions that gave rise to removal of the child from the home | 5 | | of his or her parents, guardian, or legal custodian or that the | 6 | | court has found must be remedied prior to returning the child | 7 | | home. Any tasks the court requires of the parents, guardian, | 8 | | or legal custodian or child prior to returning the child home , | 9 | | must be reasonably related to remedying a condition or | 10 | | conditions that gave rise to or which could give rise to any | 11 | | finding of child abuse or neglect. | 12 | | If the permanency goal is to return home, the court shall | 13 | | make findings that identify any problems that are causing | 14 | | continued placement of the children away from the home and | 15 | | identify what outcomes would be considered a resolution to | 16 | | these problems. The court shall explain to the parents that | 17 | | these findings are based on the information that the court has | 18 | | at that time and may be revised, should additional evidence be | 19 | | presented to the court. | 20 | | The court shall review the Sibling Contact Support Plan | 21 | | developed or modified under subsection (f) of Section 7.4 of | 22 | | the Children and Family Services Act, if applicable. If the | 23 | | Department has not convened a meeting to
develop or modify a | 24 | | Sibling Contact Support Plan, or if the court finds that the | 25 | | existing Plan
is not in the child's best interest, the court | 26 | | may enter an order requiring the Department to
develop, |
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| 1 | | modify , or implement a Sibling Contact Support Plan, or order | 2 | | mediation. | 3 | | If the goal has been achieved, the court shall enter | 4 | | orders that are
necessary to conform the minor's legal custody | 5 | | and status to those findings.
| 6 | | If, after receiving evidence, the court determines that | 7 | | the services
contained in the plan are not reasonably | 8 | | calculated to facilitate achievement
of the permanency goal, | 9 | | the court shall put in writing the factual basis
supporting | 10 | | the determination and enter specific findings based on the | 11 | | evidence.
The court also shall enter an order for the | 12 | | Department to develop and
implement a new service plan or to | 13 | | implement changes to the current service
plan consistent with | 14 | | the court's findings. The new service plan shall be filed
with | 15 | | the court and served on all parties within 45 days of the date | 16 | | of the
order. The court shall continue the matter until the new | 17 | | service plan is
filed. Except as authorized by subsection | 18 | | (2.5) of this Section and as otherwise specifically authorized | 19 | | by law, the court is not empowered under this Section to order | 20 | | specific placements, specific services, or specific service | 21 | | providers to be included in the service plan.
| 22 | | A guardian or custodian appointed by the court pursuant to | 23 | | this Act shall
file updated case plans with the court every 6 | 24 | | months.
| 25 | | Rights of wards of the court under this Act are | 26 | | enforceable against
any public agency by complaints for relief |
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| 1 | | by mandamus filed in any
proceedings brought under this Act.
| 2 | | (2.5) If, after reviewing the evidence, including evidence | 3 | | from the Department, the court determines that the minor's | 4 | | current or planned placement is not necessary or appropriate | 5 | | to facilitate achievement of the permanency goal, the court | 6 | | shall put in writing the factual basis supporting its | 7 | | determination and enter specific findings based on the | 8 | | evidence. If the court finds that the minor's current or | 9 | | planned placement is not necessary or appropriate, the court | 10 | | may enter an order directing the Department to implement a | 11 | | recommendation by the minor's treating clinician or a | 12 | | clinician contracted by the Department to evaluate the minor | 13 | | or a recommendation made by the Department. If the Department | 14 | | places a minor in a placement under an order entered under this | 15 | | subsection (2.5), the Department has the authority to remove | 16 | | the minor from that placement when a change in circumstances | 17 | | necessitates the removal to protect the minor's health, | 18 | | safety, and best interest. If the Department determines | 19 | | removal is necessary, the Department shall notify the parties | 20 | | of the planned placement change in writing no later than 10 | 21 | | days prior to the implementation of its determination unless | 22 | | remaining in the placement poses an imminent risk of harm to | 23 | | the minor, in which case the Department shall notify the | 24 | | parties of the placement change in writing immediately | 25 | | following the implementation of its decision. The Department | 26 | | shall notify others of the decision to change the minor's |
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| 1 | | placement as required by Department rule. | 2 | | (3) Following the permanency hearing, the court shall | 3 | | enter a written order
that includes the determinations | 4 | | required under subsection (2) of this
Section and sets forth | 5 | | 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 short term | 13 | | placement, and the
following determinations:
| 14 | | (i) (Blank).
| 15 | | (ii) Whether the services required by the court
| 16 | | and by any service plan prepared within the prior 6 | 17 | | months
have been provided and (A) if so, whether the | 18 | | services 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 | 23 | | and 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 | 26 | | with the health, safety, best interest , and special |
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| 1 | | needs of the
minor and, if the minor is placed | 2 | | out-of-state, whether the out-of-state
placement | 3 | | continues to be appropriate and consistent with the | 4 | | health, safety,
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 | 19 | | terminate parental rights of
any parent who has failed to | 20 | | make reasonable efforts to correct the conditions
which | 21 | | led to the removal of the child or reasonable progress | 22 | | toward the return
of the child, as defined in subdivision | 23 | | (D)(m) of Section 1 of the Adoption Act
or for whom any | 24 | | other unfitness ground for terminating parental rights as
| 25 | | defined in subdivision (D) of Section 1 of the Adoption | 26 | | Act exists. |
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| 1 | | When parental rights have been terminated for a | 2 | | minimum 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 | 11 | | the 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 | 4 | | for the minor and the court
enters an order that such parent, | 5 | | guardian, or legal custodian is fit to
care for the minor. If a | 6 | | motion is filed to modify or
vacate a private guardianship | 7 | | order and return the child to a parent, guardian, or legal | 8 | | custodian, the
court may order the Department of Children and | 9 | | Family Services to assess the minor's current and
proposed | 10 | | living arrangements and to provide ongoing monitoring of the | 11 | | health, safety, and best interest
of the minor during the | 12 | | pendency of the motion to assist the court in making that | 13 | | determination. In the event that the minor has attained 18 | 14 | | years
of age and the guardian or custodian petitions the court | 15 | | for an order
terminating his guardianship or custody, | 16 | | guardianship or custody shall
terminate automatically 30 days | 17 | | after the receipt of the petition unless
the court orders | 18 | | otherwise. No legal custodian or guardian of the
person may be | 19 | | removed without his consent until given notice and an
| 20 | | opportunity to be heard by the court.
| 21 | | When the court orders a child restored to the custody of | 22 | | the parent or
parents, the court shall order the parent or | 23 | | parents to cooperate with the
Department of Children and | 24 | | Family Services and comply with the terms of an
after-care | 25 | | plan, or risk the loss of custody of the child and possible
| 26 | | termination of their parental rights. The court may also enter |
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| 1 | | an order of
protective supervision in accordance with Section | 2 | | 2-24.
| 3 | | If the minor is being restored to the custody of a parent, | 4 | | legal custodian, or guardian who lives
outside of Illinois, | 5 | | and an Interstate Compact has been requested and refused, the | 6 | | court may order the
Department of Children and Family Services | 7 | | to 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 | 11 | | 2-24. | 12 | | (5) Whenever a parent, guardian, or legal custodian files | 13 | | a motion for
restoration of custody of the minor, and the minor | 14 | | was adjudicated
neglected, abused, or dependent as a result of | 15 | | physical abuse,
the court shall cause to be
made an | 16 | | investigation as to whether the movant has ever been charged
| 17 | | with or convicted of any criminal offense which would indicate | 18 | | the
likelihood of any further physical abuse to the minor. | 19 | | Evidence of such
criminal convictions shall be taken into | 20 | | account in determining whether the
minor can be cared for at | 21 | | home without endangering his or her health or safety
and | 22 | | fitness of the parent, guardian, or legal custodian.
| 23 | | (a) Any agency of this State or any subdivision | 24 | | thereof shall cooperate
with the agent of the court in | 25 | | providing any information
sought in the investigation.
| 26 | | (b) The information derived from the investigation and |
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| 1 | | any
conclusions or recommendations derived from the | 2 | | information shall be
provided to the parent, guardian, or | 3 | | legal custodian seeking restoration
of custody prior to | 4 | | the hearing on fitness and the movant shall have
an | 5 | | opportunity at the hearing to refute the information or | 6 | | contest its
significance.
| 7 | | (c) All information obtained from any investigation | 8 | | shall be confidential
as provided in Section 5-150 of this | 9 | | Act.
| 10 | | (Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21; | 11 | | 102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised | 12 | | 8-23-22.)
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