Full Text of HB3706 96th General Assembly
HB3706 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3706
Introduced 2/25/2009, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/2-28 |
from Ch. 37, par. 802-28 |
705 ILCS 405/2-34 new |
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Amends the Juvenile Court Act of 1987 relating to abused, neglected, and dependent minors. Provides that when parental rights have been terminated for a minimum of 3 years and the child who is the subject of the permanency hearing is 13 years old or older and is not currently placed in a placement likely to achieve permanency, the Department of Children and Family Services shall make reasonable efforts to locate parents whose rights have been terminated, except when the Court determines that those efforts would be futile or inconsistent with the subject child's best interests. Provides that the Department shall assess the appropriateness of the parent whose rights have been terminated, and shall, as appropriate foster and support connections between the parent whose rights have been terminated and the youth. The Department shall document its determinations and efforts to foster connections in the child's case plan. Establishes procedures for a parent whose parental rights were terminated to file a motion to reinstate parental rights. Provides that the burden of proof shall be on the movant.
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A BILL FOR
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HB3706 |
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LRB096 09109 RLC 21888 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 2-28 and by adding Section 2-34 as follows:
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| (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
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| Sec. 2-28. Court review.
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| (1) The court may require any legal custodian or guardian | 9 |
| of the person
appointed under this Act to report periodically | 10 |
| to the court or may cite
him into court and require him or his | 11 |
| agency, to make a full and
accurate report of his or its doings | 12 |
| in behalf of the minor. The
custodian or guardian, within 10 | 13 |
| days after such citation, shall make
the report, either in | 14 |
| writing verified by affidavit or orally under oath
in open | 15 |
| court, or otherwise as the court directs. Upon the hearing of
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| the report the court may remove the custodian or guardian and | 17 |
| appoint
another in his stead or restore the minor to the | 18 |
| custody of his parents
or former guardian or custodian. | 19 |
| However, custody of the minor shall
not be restored to any | 20 |
| parent, guardian or legal custodian in any case
in which the | 21 |
| minor is found to be neglected or abused under Section 2-3 or
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| dependent under Section 2-4 of this
Act, unless the minor can | 23 |
| be cared for at home without endangering the
minor's health or |
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LRB096 09109 RLC 21888 b |
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| safety and it is in the best interests of the minor, and
if | 2 |
| such neglect,
abuse, or dependency is found by the court under | 3 |
| paragraph (1)
of Section 2-21 of
this Act to have come about | 4 |
| due to the acts or omissions or both of such
parent, guardian
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| or legal custodian, until such time as an investigation is made | 6 |
| as provided in
paragraph (5) and a hearing is held on the issue | 7 |
| of the fitness of such parent,
guardian or legal custodian to | 8 |
| care for the minor and the court enters an order
that such | 9 |
| parent, guardian or legal custodian is fit to care for the | 10 |
| minor.
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| (2) The first permanency hearing shall be
conducted by the | 12 |
| judge. Subsequent permanency hearings may be
heard by a judge | 13 |
| or by hearing officers appointed or approved by the court in
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| the manner set forth in Section 2-28.1 of this Act.
The initial | 15 |
| hearing shall be held (a) within 12 months from the date
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| temporary
custody was taken, (b) if the parental rights of both | 17 |
| parents have been
terminated in accordance with the procedure | 18 |
| described in subsection (5) of
Section 2-21, within
30 days of | 19 |
| the order for termination of parental rights and appointment of
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| a guardian with power to consent to adoption, or (c) in | 21 |
| accordance with
subsection
(2) of Section 2-13.1. Subsequent | 22 |
| permanency hearings
shall be held every 6 months
or more | 23 |
| frequently if necessary in the court's determination following | 24 |
| the
initial permanency hearing, in accordance with the | 25 |
| standards set forth in this
Section, until the court determines | 26 |
| that the plan and goal have been achieved.
Once the plan and |
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| goal have been achieved, if the minor remains in substitute
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| care, the case shall be reviewed at least every 6 months | 3 |
| thereafter, subject to
the provisions of this Section, unless | 4 |
| the minor is placed in the guardianship
of a suitable relative | 5 |
| or other person and the court determines that further
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| monitoring by the court does not further the health, safety or | 7 |
| best interest of
the child and that this is a stable permanent | 8 |
| placement.
The permanency hearings must occur within the time | 9 |
| frames set forth in this
subsection and may not be delayed in | 10 |
| anticipation of a report from any source or due to the agency's | 11 |
| failure to timely file its written report (this
written report | 12 |
| means the one required under the next paragraph and does not
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| mean the service plan also referred to in that paragraph).
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| The public agency that is the custodian or guardian of the | 15 |
| minor, or another
agency responsible for the minor's care, | 16 |
| shall ensure that all parties to the
permanency hearings are | 17 |
| provided a copy of the most recent
service plan prepared within | 18 |
| the prior 6 months
at least 14 days in advance of the hearing. | 19 |
| If not contained in the plan, the
agency shall also include a | 20 |
| report setting forth (i) any special
physical, psychological, | 21 |
| educational, medical, emotional, or other needs of the
minor or | 22 |
| his or her family that are relevant to a permanency or | 23 |
| placement
determination and (ii) for any minor age 16 or over, | 24 |
| a written description of
the programs and services that will | 25 |
| enable the minor to prepare for independent
living. The | 26 |
| agency's written report must detail what progress or lack of
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| progress the parent has made in correcting the conditions | 2 |
| requiring the child
to be in care; whether the child can be | 3 |
| returned home without jeopardizing the
child's health, safety, | 4 |
| and welfare, and if not, what permanency goal is
recommended to | 5 |
| be in the best interests of the child, and why the other
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| permanency goals are not appropriate. The caseworker must | 7 |
| appear and testify
at the permanency hearing. If a permanency | 8 |
| hearing has not previously been
scheduled by the court, the | 9 |
| moving party shall move for the setting of a
permanency hearing | 10 |
| and the entry of an order within the time frames set forth
in | 11 |
| this subsection.
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| At the permanency hearing, the court shall determine the | 13 |
| future status
of the child. The court shall set one of the | 14 |
| following permanency goals:
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| (A) The minor will be returned home by a specific date | 16 |
| within 5
months.
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| (B) The minor will be in short-term care with a
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| continued goal to return home within a period not to exceed | 19 |
| one
year, where the progress of the parent or parents is | 20 |
| substantial giving
particular consideration to the age and | 21 |
| individual needs of the minor.
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| (B-1) The minor will be in short-term care with a | 23 |
| continued goal to return
home pending a status hearing. | 24 |
| When the court finds that a parent has not made
reasonable | 25 |
| efforts or reasonable progress to date, the court shall | 26 |
| identify
what actions the parent and the Department must |
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| take in order to justify a
finding of reasonable efforts or | 2 |
| reasonable progress and shall set a status
hearing to be | 3 |
| held not earlier than 9 months from the date of | 4 |
| adjudication nor
later than 11 months from the date of | 5 |
| adjudication during which the parent's
progress will again | 6 |
| be reviewed.
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| (C) The minor will be in substitute care pending court
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| determination on termination of parental rights.
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| (D) Adoption, provided that parental rights have been | 10 |
| terminated or
relinquished.
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| (E) The guardianship of the minor will be transferred | 12 |
| to an individual or
couple on a permanent basis provided | 13 |
| that goals (A) through (D) have
been ruled out.
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| (F) The minor over age 15 will be in substitute care | 15 |
| pending
independence.
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| (G) The minor will be in substitute care because he or | 17 |
| she cannot be
provided for in a home environment due to | 18 |
| developmental
disabilities or mental illness or because he | 19 |
| or she is a danger to self or
others, provided that goals | 20 |
| (A) through (D) have been ruled out.
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| In selecting any permanency goal, the court shall indicate | 22 |
| in writing the
reasons the goal was selected and why the | 23 |
| preceding goals were ruled out.
Where the court has selected a | 24 |
| permanency goal other than (A), (B), or (B-1),
the
Department | 25 |
| of Children and Family Services shall not provide further
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| reunification services, but shall provide services
consistent |
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| with the goal
selected.
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| The court shall set a
permanency
goal that is in the best | 3 |
| interest of the child. In determining that goal, the court | 4 |
| shall consult with the minor in an age-appropriate manner | 5 |
| regarding the proposed permanency or transition plan for the | 6 |
| minor. The court's determination
shall include the following | 7 |
| factors:
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| (1) Age of the child.
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| (2) Options available for permanence, including both | 10 |
| out-of-State and in-State placement options.
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| (3) Current placement of the child and the intent of | 12 |
| the family regarding
adoption.
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| (4) Emotional, physical, and mental status or | 14 |
| condition of the child.
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| (5) Types of services previously offered and whether or | 16 |
| not
the services were successful and, if not successful, | 17 |
| the reasons the services
failed.
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| (6) Availability of services currently needed and | 19 |
| whether the services
exist.
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| (7) Status of siblings of the minor.
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| The court shall consider (i) the permanency goal contained | 22 |
| in the service
plan, (ii) the appropriateness of the
services | 23 |
| contained in the plan and whether those services have been
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| provided, (iii) whether reasonable efforts have been made by | 25 |
| all
the parties to the service plan to achieve the goal, and | 26 |
| (iv) whether the plan
and goal have been achieved. All evidence
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| relevant to determining these questions, including oral and | 2 |
| written reports,
may be admitted and may be relied on to the | 3 |
| extent of their probative value.
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| If the goal has been achieved, the court shall enter orders | 5 |
| that are
necessary to conform the minor's legal custody and | 6 |
| status to those findings.
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| If, after receiving evidence, the court determines that the | 8 |
| services
contained in the plan are not reasonably calculated to | 9 |
| facilitate achievement
of the permanency goal, the court shall | 10 |
| put in writing the factual basis
supporting the determination | 11 |
| and enter specific findings based on the evidence.
The court | 12 |
| also shall enter an order for the Department to develop and
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| implement a new service plan or to implement changes to the | 14 |
| current service
plan consistent with the court's findings. The | 15 |
| new service plan shall be filed
with the court and served on | 16 |
| all parties within 45 days of the date of the
order. The court | 17 |
| shall continue the matter until the new service plan is
filed. | 18 |
| Unless otherwise specifically authorized by law, the court is | 19 |
| not
empowered under this subsection (2) or under subsection (3) | 20 |
| to order specific
placements, specific services, or specific | 21 |
| service providers to be included in
the plan.
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| 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.
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| Rights of wards of the court under this Act are enforceable | 26 |
| against
any public agency by complaints for relief by mandamus |
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| filed in any
proceedings brought under this Act.
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| (3) Following the permanency hearing, the court shall enter | 3 |
| a written order
that includes the determinations required under | 4 |
| subsection (2) of this
Section and sets forth the following:
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| (a) The future status of the minor, including the | 6 |
| permanency goal, and
any order necessary to conform the | 7 |
| minor's legal custody and status to such
determination; or
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| (b) If the permanency goal of the minor cannot be | 9 |
| achieved immediately,
the specific reasons for continuing | 10 |
| the minor in the care of the Department of
Children and | 11 |
| Family Services or other agency for short term placement, | 12 |
| and the
following determinations:
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| (i) (Blank).
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| (ii) Whether the services required by the court
and | 15 |
| by any service plan prepared within the prior 6 months
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| have been provided and (A) if so, whether the services | 17 |
| were reasonably
calculated to facilitate the | 18 |
| achievement of the permanency goal or (B) if not
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| provided, why the services were not provided.
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| (iii) Whether the minor's placement is necessary, | 21 |
| and appropriate to the
plan and goal, recognizing the | 22 |
| right of minors to the least restrictive (most
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| family-like) setting available and in close proximity | 24 |
| to the parents' home
consistent with the health, | 25 |
| safety, best interest and special needs of the
minor | 26 |
| and, if the minor is placed out-of-State, whether the |
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| out-of-State
placement continues to be appropriate and | 2 |
| consistent with the health, safety,
and best interest | 3 |
| of the minor.
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| (iv) (Blank).
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| (v) (Blank).
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| (4) The minor or any person interested in the minor may | 7 |
| apply to the
court for a change in custody of the minor and the | 8 |
| appointment of a new
custodian or guardian of the person or for | 9 |
| the restoration of the minor
to the custody of his parents or | 10 |
| former guardian or custodian.
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| When return home is not selected as the permanency goal:
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| (a) The Department, the minor, or the current
foster | 13 |
| parent or relative
caregiver seeking private guardianship | 14 |
| may file a motion for private
guardianship of the minor. | 15 |
| Appointment of a guardian under this Section
requires | 16 |
| approval of the court.
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| (b) The State's Attorney may file a motion to terminate | 18 |
| parental rights of
any parent who has failed to make | 19 |
| reasonable efforts to correct the conditions
which led to | 20 |
| the removal of the child or reasonable progress toward the | 21 |
| return
of the child, as defined in subdivision (D)(m) of | 22 |
| Section 1 of the Adoption Act
or for whom any other | 23 |
| unfitness ground for terminating parental rights as
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| defined in subdivision (D) of Section 1 of the Adoption Act | 25 |
| exists.
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| When parental rights have been terminated for a minimum of |
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| 3 years and the child who is the subject of the permanency | 2 |
| hearing is 13 years old or older and is not currently placed in | 3 |
| a placement likely to achieve permanency, the Department of
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| Children and Family Services shall make reasonable efforts to | 5 |
| locate parents whose rights have been terminated, except when | 6 |
| the Court determines that those efforts would be futile or | 7 |
| inconsistent with the subject child's best interests. The | 8 |
| Department of
Children and Family Services shall assess the | 9 |
| appropriateness of the parent whose rights have been | 10 |
| terminated, and shall, as appropriate, foster and support | 11 |
| connections between the parent whose rights have been | 12 |
| terminated and the youth. The Department of
Children and Family | 13 |
| Services shall document its determinations and efforts to | 14 |
| foster connections in the child's case plan. | 15 |
| Custody of the minor shall not be restored to any parent, | 16 |
| guardian or legal
custodian in any case in which the minor is | 17 |
| found to be neglected or abused
under Section 2-3 or dependent | 18 |
| under Section 2-4 of this Act, unless the
minor can be cared | 19 |
| for at home
without endangering his or her health or safety and | 20 |
| it is in the best
interest of the minor,
and if such neglect, | 21 |
| abuse, or dependency is found by the court
under paragraph (1) | 22 |
| of Section 2-21 of this Act to have come
about due to the acts | 23 |
| or omissions or both of such parent, guardian or legal
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| custodian, until such time as an investigation is made as | 25 |
| provided in
paragraph (5) and a hearing is held on the issue of | 26 |
| the health,
safety and
best interest of the minor and the |
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| fitness of such
parent, guardian or legal custodian to care for | 2 |
| the minor and the court
enters an order that such parent, | 3 |
| guardian or legal custodian is fit to
care for the minor. In | 4 |
| the event that the minor has attained 18 years
of age and the | 5 |
| guardian or custodian petitions the court for an order
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| terminating his guardianship or custody, guardianship or | 7 |
| custody shall
terminate automatically 30 days after the receipt | 8 |
| of the petition unless
the court orders otherwise. No legal | 9 |
| custodian or guardian of the
person may be removed without his | 10 |
| consent until given notice and an
opportunity to be heard by | 11 |
| the court.
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| When the court orders a child restored to the custody of | 13 |
| the parent or
parents, the court shall order the parent or | 14 |
| parents to cooperate with the
Department of Children and Family | 15 |
| Services and comply with the terms of an
after-care plan, or | 16 |
| risk the loss of custody of the child and possible
termination | 17 |
| of their parental rights. The court may also enter an order of
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| protective supervision in accordance with Section 2-24.
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| (5) Whenever a parent, guardian, or legal custodian files a | 20 |
| motion for
restoration of custody of the minor, and the minor | 21 |
| was adjudicated
neglected, abused, or dependent as a result of | 22 |
| physical abuse,
the court shall cause to be
made an | 23 |
| investigation as to whether the movant has ever been charged
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| with or convicted of any criminal offense which would indicate | 25 |
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likelihood of any further physical abuse to the minor. | 26 |
| Evidence of such
criminal convictions shall be taken into |
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| account in determining whether the
minor can be cared for at | 2 |
| home without endangering his or her health or safety
and | 3 |
| fitness of the parent, guardian, or legal custodian.
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| (a) Any agency of this State or any subdivision thereof | 5 |
| shall
co-operate with the agent of the court in providing | 6 |
| any information
sought in the investigation.
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| (b) The information derived from the investigation and | 8 |
| any
conclusions or recommendations derived from the | 9 |
| information shall be
provided to the parent, guardian, or | 10 |
| legal custodian seeking restoration
of custody prior to the | 11 |
| hearing on fitness and the movant shall have
an opportunity | 12 |
| at the hearing to refute the information or contest its
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| significance.
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| (c) All information obtained from any investigation | 15 |
| shall be confidential
as provided in Section 5-150 of this | 16 |
| Act.
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| (Source: P.A. 95-10, eff. 6-30-07; 95-182, eff. 8-14-07; | 18 |
| 95-876, eff. 8-21-08.)
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| (705 ILCS 405/2-34 new) | 20 |
| Sec. 2-34. Motion to reinstate parental rights. | 21 |
| (1) For purposes of this subsection (1), the term "parent" | 22 |
| refers to the person or persons whose rights were terminated as | 23 |
| described in paragraph (a) of this subsection; and the term | 24 |
| "minor" means a person under the age of 21 years subject to | 25 |
| this Act for whom the Department of Children and Family |
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| Services Guardianship Administrator is appointed the temporary | 2 |
| custodian or guardian. | 3 |
| A motion to reinstate parental rights may be filed | 4 |
| regarding any minor who is presently a ward of the court under | 5 |
| Article II of this Act when all the conditions set out in | 6 |
| paragraphs (a), (b), (c), (d), (e), (f), and (g) of this | 7 |
| subsection (1) are met: | 8 |
| (a) while the minor was under the jurisdiction of the | 9 |
| court under Article II of this Act, the minor's parent or | 10 |
| parents surrendered the minor for adoption to an agency | 11 |
| legally authorized to place children for adoption, or the | 12 |
| minor's parent or parents consented to his or her adoption, | 13 |
| or the minor's parent or parents consented to his or her | 14 |
| adoption by a specified person or persons, or the parent or | 15 |
| parents' rights were terminated pursuant to a finding of | 16 |
| unfitness pursuant to Section 2-29 of this Act and a | 17 |
| guardian was appointed with the power to consent to | 18 |
| adoption pursuant to Section 2-29 of this Act; and | 19 |
| (b) (i) since the signing of the surrender, the signing | 20 |
| of the consent, or the unfitness finding, the minor has | 21 |
| remained a ward of the Court under Article II of this Act; | 22 |
| or | 23 |
| (ii) the minor was made a ward of the Court, the | 24 |
| minor was placed in the private guardianship of an | 25 |
| individual or individuals, and after the appointment | 26 |
| of a private guardian, the minor was again brought to |
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| the attention of the Juvenile Court and the private | 2 |
| guardianship was vacated; or | 3 |
| (iii) the minor was made a ward of the Court, | 4 |
| wardship was terminated after the minor was adopted, | 5 |
| after the adoption the minor was again brought to the | 6 |
| attention of the Juvenile Court and made a ward of the | 7 |
| Court under Article II of this Act, and either (i) the | 8 |
| adoptive parent or parents are deceased, (ii) the | 9 |
| adoptive parent or parents signed a surrender of | 10 |
| parental rights, or (iii) the parental rights of the | 11 |
| adoptive parent or parents were terminated; | 12 |
| (c) the minor is not currently in a placement likely to | 13 |
| achieve permanency; | 14 |
| (d) it is in the minor's best interest that parental | 15 |
| rights be reinstated; | 16 |
| (e) the parent named in the motion wishes parental | 17 |
| rights to be reinstated and is currently appropriate to | 18 |
| have rights reinstated; | 19 |
| (f) more than 3 years have lapsed since the signing of | 20 |
| the consent or surrender, or the entry of the order | 21 |
| appointing a guardian with the power to consent to | 22 |
| adoption; | 23 |
| (g) the child is 13 years of age or older or the child | 24 |
| is the member of a sibling group for whom reinstatement of | 25 |
| the particular parent's rights is being considered and at | 26 |
| least one of the siblings is 13 years of age or older; and |
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| (h) if the court has previously denied a motion to | 2 |
| reinstate parental rights filed by the same person, there | 3 |
| has been a substantial change in circumstances following | 4 |
| the denial of the earlier motion. This paragraph (h) does | 5 |
| not apply to a motion filed by the child through his or her | 6 |
| attorney or guardian ad litem. | 7 |
| (2) The motion may be filed by any party or by the | 8 |
| individual seeking reinstatement of parental rights. Unless | 9 |
| excused by the court for good cause shown, the movant shall | 10 |
| give notice of the time and place of the hearing on the motion, | 11 |
| in person or by mail, to the parties to the juvenile court | 12 |
| proceeding. Notice shall be provided at least 14 days in | 13 |
| advance of the hearing date. The motion shall include the | 14 |
| allegations required in subsection (1) of this Section. | 15 |
| (3) Any party may file a motion to dismiss the motion with | 16 |
| prejudice on the basis that the parent has intentionally acted | 17 |
| to prevent the child from being adopted, after parental rights | 18 |
| were terminated or the parent intentionally acted to disrupt | 19 |
| the child's adoption. If the court finds by a
preponderance of | 20 |
| the evidence that the parent has intentionally acted to prevent | 21 |
| the child from being adopted, after parental rights were | 22 |
| terminated or that the parent intentionally acted
to disrupt | 23 |
| the child's adoption, the court shall dismiss the petition with | 24 |
| prejudice. | 25 |
| (4) The burden of proof shall be on the movant. In ruling | 26 |
| on a motion to reinstate parental rights, the court shall make |
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| findings consistent with the requirements in subsection (1) of | 2 |
| this Section. The court shall consider the reasons why the | 3 |
| child was initially brought to the attention of the court, the | 4 |
| history of the child's case as it relates to the parent seeking | 5 |
| reinstatement, and the current circumstances of the parent for | 6 |
| whom reinstatement of rights is sought. If reinstatement is | 7 |
| being considered subsequent to a finding of unfitness pursuant | 8 |
| to Section 2-29 of this Act having been entered with respect to | 9 |
| the parent whose rights are being restored, the court in | 10 |
| determining the minor's best interest shall consider, in | 11 |
| addition to the factors set forth in paragraph (4.05) of | 12 |
| Section 1-3 of this Act, the specific grounds upon which the | 13 |
| unfitness findings were made. Upon the entry of an order | 14 |
| granting a motion to reinstate parental rights, parental rights | 15 |
| of the parent named in the order shall be reinstated, any | 16 |
| previous order appointing a guardian with the power to consent | 17 |
| to adoption shall be void and with respect to the parent named | 18 |
| in the order, any consent shall be void. | 19 |
| (5) If the case is post-disposition, the court, upon the | 20 |
| entry of an order granting a motion to reinstate parental | 21 |
| rights, shall schedule the matter for a permanency hearing | 22 |
| pursuant to Section 2-28 of this Act within 45 days. | 23 |
| (6) Custody of the minor shall not be restored to the | 24 |
| parent, except by order of court pursuant to subsection (4) of | 25 |
| Section 2-28 of this Act. | 26 |
| (7) In any case involving a child over the age of 13 who |
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LRB096 09109 RLC 21888 b |
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| 1 |
| meets the criteria established in this Section for | 2 |
| reinstatement of parental rights, the Department of Children | 3 |
| and Family Services shall conduct an assessment of the child's | 4 |
| circumstances to assist in future planning for the child, | 5 |
| including, but not limited to a determination regarding the | 6 |
| appropriateness of filing a motion to reinstate parental | 7 |
| rights.
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