Full Text of HB0616 095th General Assembly
HB0616enr 95TH GENERAL ASSEMBLY
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LRB095 05209 DRJ 25283 b |
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| AN ACT concerning children.
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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 2. The Child Death Review Team Act is amended by | 5 |
| changing Sections 20 and 40 as follows:
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| (20 ILCS 515/20)
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| Sec. 20. Reviews of child deaths.
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| (a) Every child death shall be reviewed by the team in the | 9 |
| subregion which
has
primary case management responsibility. | 10 |
| The deceased child must be one of the
following:
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| (1) A ward of the Department.
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| (2) The subject of an open service case maintained by | 13 |
| the Department.
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| (3) The subject of a pending child abuse or neglect | 15 |
| investigation.
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| (4) A child who was the subject of an abuse or neglect | 17 |
| investigation at
any time
during the 12 months preceding | 18 |
| the child's death.
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| (5) Any other child whose death is reported to the | 20 |
| State central
register as a result of alleged child abuse | 21 |
| or neglect which report is
subsequently indicated.
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| A child death review team may, at its discretion, review | 23 |
| other sudden,
unexpected, or unexplained child deaths.
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| (b) A child death review team's purpose in conducting | 2 |
| reviews of child
deaths
is to do the following:
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| (1) Assist in determining the cause and manner of the | 4 |
| child's death, when
requested.
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| (2) Evaluate means by which the death might have been | 6 |
| prevented.
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| (3) Report its findings to appropriate agencies and | 8 |
| make recommendations
that may help to reduce the number of | 9 |
| child deaths caused by abuse or neglect.
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| (4) Promote continuing education for professionals | 11 |
| involved in
investigating, treating, and preventing child | 12 |
| abuse and neglect as a means of
preventing child deaths due | 13 |
| to abuse or neglect.
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| (5) Make specific recommendations to the Director and | 15 |
| the Inspector
General of the Department concerning the | 16 |
| prevention of child deaths due to
abuse or neglect and the | 17 |
| establishment of protocols for investigating child
deaths.
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| (c) A child death review team shall review a child death as | 19 |
| soon as
practical and not later than
90 days following
the
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| completion by the Department of the investigation of the death | 21 |
| under the
Abused and Neglected Child Reporting Act. When there | 22 |
| has been no investigation
by the Department, the child death | 23 |
| review team shall review a child's death
within 90 days after | 24 |
| obtaining the information necessary to complete the review
from | 25 |
| the coroner, pathologist, medical examiner, or law enforcement | 26 |
| agency,
depending on the nature of the case. A child death
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| review
team shall meet at
least once in
each calendar quarter.
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| (d) The Director shall, within 90 days, review and reply to | 3 |
| recommendations
made by a team under
item (5) of
subsection | 4 |
| (b). With respect to each recommendation made by a team, the | 5 |
| Director shall submit his or her reply both to the chairperson | 6 |
| of that team and to the chairperson of the Executive Council. | 7 |
| The Director's reply to each recommendation must include a | 8 |
| statement as to whether the Director intends to implement the | 9 |
| recommendation. | 10 |
| The Director shall implement recommendations as feasible | 11 |
| and
appropriate and shall respond in writing to explain the | 12 |
| implementation or
nonimplementation of the recommendations. | 13 |
| (e) Within 90 days after the Director submits a reply with | 14 |
| respect to a recommendation as required by subsection (d), the | 15 |
| Director must submit an additional report that sets forth in | 16 |
| detail the way, if any, in which the Director will implement | 17 |
| the recommendation and the schedule for implementing the | 18 |
| recommendation. The Director shall submit this report to the | 19 |
| chairperson of the team that made the recommendation and to the | 20 |
| chairperson of the Executive Council. | 21 |
| (f) Within 180 days after the Director submits a report | 22 |
| under subsection (e) concerning the implementation of a | 23 |
| recommendation, the Director shall submit a further report to | 24 |
| the chairperson of the team that made the recommendation and to | 25 |
| the chairperson of the Executive Council. This report shall set | 26 |
| forth the specific changes in the Department's policies and |
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| procedures that have been made in response to the | 2 |
| recommendation.
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| (Source: P.A. 90-239, eff. 7-28-97; 90-608, eff. 6-30-98.)
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| (20 ILCS 515/40)
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| Sec. 40. Illinois Child Death Review Teams Executive | 6 |
| Council.
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| (a) The Illinois Child Death Review Teams Executive | 8 |
| Council, consisting of
the
chairpersons of the 9 child death | 9 |
| review teams in Illinois, is the coordinating
and
oversight | 10 |
| body for child death review teams and activities in Illinois. | 11 |
| The
vice-chairperson of a child death review team, as | 12 |
| designated by the
chairperson, may
serve
as a back-up member or | 13 |
| an alternate member of the Executive Council, if the
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| chairperson of the child death review team is unavailable to | 15 |
| serve on the
Executive Council. The Inspector General of the | 16 |
| Department, ex officio, is a
non-voting member of the Executive | 17 |
| Council. The Director may
appoint to the Executive Council any
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| ex-officio members deemed necessary. Persons with
expertise | 19 |
| needed by the Executive Council may be invited to meetings. The
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| Executive Council must select from its members a chairperson | 21 |
| and a
vice-chairperson, each
to serve a 2-year, renewable term.
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| The Executive Council must meet at least 4 times during | 23 |
| each calendar year. At each such meeting, in addition to any | 24 |
| other matters under consideration, the Executive Council shall | 25 |
| review all replies and reports received from the Director |
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| pursuant to subsections (d), (e), and (f) of Section 20 since | 2 |
| the Executive Council's previous meeting. The Executive | 3 |
| Council's review must include consideration of the Director's | 4 |
| proposed manner of and schedule for implementing each | 5 |
| recommendation made by a child death review team.
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| (b) The Department must provide or arrange for the staff | 7 |
| support necessary
for the
Executive Council to carry out its | 8 |
| duties.
The Director, in cooperation and consultation with the | 9 |
| Executive Council, shall
appoint, reappoint, and remove team | 10 |
| members.
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| (c) The Executive Council has, but is not limited to, the | 12 |
| following duties:
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| (1) To serve as the voice of child death review teams | 14 |
| in Illinois.
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| (2) To oversee the regional teams in order to ensure | 16 |
| that the teams' work
is
coordinated and in compliance with | 17 |
| the statutes and the operating protocol.
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| (3) To ensure that the data, results, findings, and | 19 |
| recommendations of the
teams are
adequately used to make | 20 |
| any necessary changes in the policies, procedures, and
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| statutes in order to protect children in a timely manner.
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| (4) To collaborate with the General Assembly, the | 23 |
| Department, and others
in order to
develop any legislation | 24 |
| needed to prevent child fatalities and to protect
children.
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| (5) To assist in the development of quarterly and | 26 |
| annual reports based on
the work
and the findings of the |
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| teams.
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| (6) To ensure that the regional teams' review processes | 3 |
| are standardized
in order to
convey data, findings, and | 4 |
| recommendations in a usable format.
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| (7) To serve as a link with child death review teams | 6 |
| throughout the
country and to
participate in national child | 7 |
| death review team activities.
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| (8) To develop an annual statewide symposium to update | 9 |
| the knowledge and
skills of
child death review team members | 10 |
| and to promote the exchange of information
between teams.
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| (9) To provide the child death review teams with the | 12 |
| most current
information and practices concerning child | 13 |
| death review and related topics.
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| (10) To perform any other functions necessary to | 15 |
| enhance the capability of
the child death review teams to | 16 |
| reduce and prevent child injuries and
fatalities.
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| (c-5) The Executive Council shall prepare an annual report. | 18 |
| The report must include, but need not be limited to, (i) each | 19 |
| recommendation made by a child death review team pursuant to | 20 |
| item (5) of subsection (b) of Section 20 during the period | 21 |
| covered by the report, (ii) the Director's proposed schedule | 22 |
| for implementing each such recommendation, and (iii) a | 23 |
| description of the specific changes in the Department's | 24 |
| policies and procedures that have been made in response to the | 25 |
| recommendation. The Executive Council shall send a copy of its | 26 |
| annual report to each of the following: |
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| (1) The Governor. | 2 |
| (2) Each member of the Senate or the House of | 3 |
| Representatives whose legislative district lies wholly or | 4 |
| partly within the region covered by any child death review | 5 |
| team whose recommendation is addressed in the annual | 6 |
| report. | 7 |
| (3) Each member of each child death review team in the | 8 |
| State.
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| (d) In any instance when a child death review team does not | 10 |
| operate in
accordance with
established protocol, the Director, | 11 |
| in consultation and cooperation
with the Executive Council,
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| must take any necessary actions to bring the team into | 13 |
| compliance
with the
protocol.
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| (Source: P.A. 92-468, eff. 8-22-01.)
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| Section 5. The Abused and Neglected Child Reporting Act is | 16 |
| amended by changing Section 4.2 as follows:
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| (325 ILCS 5/4.2)
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| Sec. 4.2. Departmental report on death or serious | 19 |
| life-threatening injury of child.
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| (a) In the case of the death or serious life-threatening | 21 |
| injury of a child whose care and custody or custody
and | 22 |
| guardianship has been transferred to the Department, or in the | 23 |
| case
of a child abuse or neglect report made to the central | 24 |
| register involving the
death of a child, the
Department shall |
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| (i) investigate or provide for an investigation of the cause
of | 2 |
| and circumstances surrounding the death or serious | 3 |
| life-threatening injury , (ii) review the investigation,
and | 4 |
| (iii) prepare and issue a report on the death or serious | 5 |
| life-threatening injury .
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| (b) The report shall include (i) the cause of death or | 7 |
| serious life-threatening injury , whether from natural
or other | 8 |
| causes, (ii) identification of child protective or other | 9 |
| services
provided or actions taken regarding the child and his | 10 |
| or her family, (iii) any
extraordinary or pertinent information | 11 |
| concerning the circumstances of the
child's death or serious | 12 |
| life-threatening injury , (iii) identification of child | 13 |
| protective or other social services provided or actions taken | 14 |
| regarding the child or his or her family at the time of the | 15 |
| death or serious life-threatening injury or within the | 16 |
| preceding 5 years, (iv) whether the child or the child's family | 17 |
| had received
assistance, care, or services from the social | 18 |
| services district prior to the
child's death, (v) any action or | 19 |
| further investigation undertaken by the
Department since the | 20 |
| death or serious life-threatening injury of the
child, (v)
and | 21 |
| (vi) as appropriate, recommendations for State
administrative | 22 |
| or policy changes , and (vi) whether the alleged perpetrator of | 23 |
| the abuse or neglect has been charged with committing a crime | 24 |
| related to the report and allegation of abuse or neglect. In | 25 |
| any case involving the death or near death of a child, when a | 26 |
| person responsible for the child has been charged with |
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| committing a crime that results in the child's death or near | 2 |
| death, there shall be a presumption that the best interest of | 3 |
| the public will be served by public disclosure of certain | 4 |
| information concerning the circumstances of the investigations | 5 |
| of the death or near death of the child and any other | 6 |
| investigations concerning that child or other children living | 7 |
| in the same household .
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| If the Department receives from the public a request for | 9 |
| information relating to a case of child abuse or neglect | 10 |
| involving the death or serious life-threatening injury of a | 11 |
| child, the Director shall consult with the State's Attorney in | 12 |
| the county of venue and release the report related to the case, | 13 |
| except for the following, which may be redacted from the | 14 |
| information disclosed to the public: any mental health or | 15 |
| psychological information that is confidential as otherwise | 16 |
| provided in State law; privileged communications of an | 17 |
| attorney; the identity of the individual or individuals, if | 18 |
| known, who made the report; information that may cause mental | 19 |
| or physical harm to a sibling or another child living in the | 20 |
| household; information that may undermine an ongoing criminal | 21 |
| investigation; and any information prohibited from disclosure | 22 |
| by federal law or regulation. Any information provided by an | 23 |
| adult subject of a report that is released about the case in a | 24 |
| public forum shall be subject to disclosure upon a public | 25 |
| information request. Information about the case shall also be | 26 |
| subject to disclosure upon consent of an adult subject. |
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| Information about the case shall also be subject to disclosure | 2 |
| if it has been publicly disclosed in a report by a law | 3 |
| enforcement agency or official, a State's Attorney, a judge, or | 4 |
| any other State or local investigative agency or official.
The | 5 |
| report shall contain no information that would identify the | 6 |
| name of the
deceased child, his or her siblings, the parent or | 7 |
| other person legally
responsible for the child, or any other | 8 |
| members of the child's household, but
shall refer instead to | 9 |
| the case, which may be denoted in any fashion determined
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| appropriate by the Department. In making a
fatality report | 11 |
| available to the public pursuant to subsection (c) of this
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| Section, the Department may respond to a child specific request | 13 |
| for a
report if the Department determines that the disclosure | 14 |
| is not contrary to
the best interests of the deceased child's | 15 |
| siblings or other children in the
household. Except as it may | 16 |
| apply directly to the cause of the death or serious | 17 |
| life-threatening injury of the
child, nothing
in this Section | 18 |
| shall be deemed to authorize the release or disclosure to the
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| public of
the substance or content of any psychological, | 20 |
| psychiatric, therapeutic,
clinical, or medical reports, | 21 |
| evaluation, or like materials or information
pertaining to the | 22 |
| child or the child's family.
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| (c) No later than 6 months after the date of the death or | 24 |
| serious life-threatening injury of the child, the
Department | 25 |
| shall complete its report.
The Department shall notify the | 26 |
| President of the Senate, the Minority Leader of
the Senate, the
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| Speaker of the House of Representatives, the Minority Leader of | 2 |
| the House of
Representatives, and the members of the Senate and | 3 |
| the House of Representatives
in whose district the child's | 4 |
| death or serious life-threatening injury occurred upon the | 5 |
| completion of each report
and
shall submit an annual cumulative | 6 |
| report to the Governor and the General
Assembly incorporating | 7 |
| cumulative
the data about
in the above reports and including | 8 |
| appropriate
findings
and recommendations. The reports required | 9 |
| by this subsection (c)
concerning the death of a child and the
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| cumulative reports shall be made available to the public
after | 11 |
| completion or submittal.
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| (d) To enable the Department to prepare the report, the | 13 |
| Department may
request and shall timely receive from | 14 |
| departments, boards, bureaus, or other
agencies of the State, | 15 |
| or any of its political subdivisions, or any duly
authorized | 16 |
| agency, or any other agency which provided assistance, care, or
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| services to the deceased or injured child any information they | 18 |
| are authorized to
provide.
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| (Source: P.A. 90-15, eff. 6-13-97.)
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| Section 10. The Juvenile Court Act of 1987 is amended by | 21 |
| changing Sections 2-10, 2-13, and 2-25 as follows:
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| (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
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| Sec. 2-10. Temporary custody hearing. At the appearance of | 24 |
| the
minor before the court at the temporary custody hearing, |
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| all
witnesses present shall be examined before the court in | 2 |
| relation to any
matter connected with the allegations made in | 3 |
| the petition.
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| (1) If the court finds that there is not probable cause to | 5 |
| believe
that the minor is abused, neglected or dependent it | 6 |
| shall release
the minor and dismiss the petition.
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| (2) If the court finds that there is probable cause to | 8 |
| believe that
the minor is abused, neglected or dependent, the | 9 |
| court shall state in writing
the factual basis supporting its | 10 |
| finding and the minor, his or her parent,
guardian, custodian | 11 |
| and other persons able to give relevant testimony
shall be | 12 |
| examined before the court. The Department of Children and
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| Family Services shall give testimony concerning indicated | 14 |
| reports of abuse
and neglect, of which they are aware of | 15 |
| through the central registry,
involving the minor's parent, | 16 |
| guardian or custodian. After such
testimony, the court may, | 17 |
| consistent with
the health,
safety and best interests of the | 18 |
| minor,
enter an order that the minor shall be released
upon the | 19 |
| request of parent, guardian or custodian if the parent, | 20 |
| guardian
or custodian appears to take custody. If it is | 21 |
| determined that a parent's, guardian's, or custodian's | 22 |
| compliance with critical services mitigates the necessity for | 23 |
| removal of the minor from his or her home, the court may enter | 24 |
| an Order of Protection setting forth reasonable conditions of | 25 |
| behavior that a parent, guardian, or custodian must observe for | 26 |
| a specified period of time, not to exceed 12 months, without a |
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| violation; provided, however, that the 12-month period shall | 2 |
| begin anew after any violation. Custodian shall include any | 3 |
| agency of
the State which has been given custody or wardship of | 4 |
| the child. If it is
consistent with the health, safety and best | 5 |
| interests of the
minor, the
court may also prescribe shelter | 6 |
| care and
order that the minor be kept in a suitable place | 7 |
| designated by the court or in
a shelter care facility | 8 |
| designated by the Department of Children and Family
Services or | 9 |
| a licensed child welfare
agency; however, a minor charged with | 10 |
| a
criminal offense under the Criminal Code of 1961 or | 11 |
| adjudicated delinquent
shall not be placed in the custody of or | 12 |
| committed to the Department of
Children and Family Services by | 13 |
| any court, except a minor less than 13
years of age and | 14 |
| committed to the Department of Children and Family Services
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| under Section 5-710 of this Act or a minor for whom an | 16 |
| independent
basis of
abuse, neglect, or dependency exists, | 17 |
| which must be defined by departmental
rule.
In placing the | 18 |
| minor, the Department or other
agency shall, to the extent
| 19 |
| compatible with the court's order, comply with Section 7 of the | 20 |
| Children and
Family Services Act.
In determining
the health, | 21 |
| safety and best interests of the minor to prescribe shelter
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| care, the court must
find that it is a matter of immediate and | 23 |
| urgent necessity for the safety
and protection
of the minor or | 24 |
| of the person or property of another that the minor be placed
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| in a shelter care facility or that he or she is likely to flee | 26 |
| the jurisdiction
of the court, and must further find that |
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| reasonable efforts have been made or
that, consistent with the | 2 |
| health, safety and best interests of
the minor, no efforts | 3 |
| reasonably can be made to
prevent or eliminate the necessity of | 4 |
| removal of the minor from his or her
home. The court shall | 5 |
| require documentation from the Department of Children and
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| Family Services as to the reasonable efforts that were made to | 7 |
| prevent or
eliminate the necessity of removal of the minor from | 8 |
| his or her home or the
reasons why no efforts reasonably could | 9 |
| be made to prevent or eliminate the
necessity of removal. When | 10 |
| a minor is placed in the home of a relative, the
Department of | 11 |
| Children and Family Services shall complete a preliminary
| 12 |
| background review of the members of the minor's custodian's | 13 |
| household in
accordance with Section 4.3 of the Child Care Act | 14 |
| of 1969 within 90 days of
that placement. If the minor is | 15 |
| ordered placed in a shelter care facility of
the Department of | 16 |
| Children and
Family Services or a licensed child welfare | 17 |
| agency, the court shall, upon
request of the appropriate | 18 |
| Department or other agency, appoint the
Department of Children | 19 |
| and Family Services Guardianship Administrator or
other | 20 |
| appropriate agency executive temporary custodian of the minor | 21 |
| and the
court may enter such other orders related to the | 22 |
| temporary custody as it
deems fit and proper, including the | 23 |
| provision of services to the minor or
his family to ameliorate | 24 |
| the causes contributing to the finding of probable
cause or to | 25 |
| the finding of the existence of immediate and urgent necessity.
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| Where the Department of Children and Family Services |
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| Guardianship Administrator is appointed as the executive | 2 |
| temporary custodian, the Department of Children and Family | 3 |
| Services shall file with the court and serve on the parties a | 4 |
| parent-child visiting plan, within 10 days, excluding weekends | 5 |
| and holidays, after the appointment. The parent-child visiting | 6 |
| plan shall set out the time and place of visits, the frequency | 7 |
| of visits, the length of visits, who shall be present at the | 8 |
| visits, and where appropriate, the minor's opportunities to | 9 |
| have telephone and mail communication with the parents. For | 10 |
| good cause, the court may waive the requirement to file the | 11 |
| parent-child visiting plan or extend the time for filing the | 12 |
| parent-child visiting plan. Any party may, by motion, request | 13 |
| the court to review the parent-child visiting plan to determine | 14 |
| whether it is reasonably calculated to expeditiously | 15 |
| facilitate the achievement of the permanency goal and is | 16 |
| consistent with the minor's best interest. The frequency, | 17 |
| duration, and locations of visitation shall be measured by the | 18 |
| needs of the child and family, and not by the convenience of | 19 |
| Department personnel. Child development principles shall be | 20 |
| considered by the court in its analysis of how frequent | 21 |
| visitation should be, how long it should last, where it should | 22 |
| take place, and who should be present. If upon motion of the | 23 |
| party to review the plan and after receiving evidence, the | 24 |
| court determines that the parent-child visiting plan is not | 25 |
| reasonably calculated to expeditiously facilitate the | 26 |
| achievement of the permanency goal or that the restrictions |
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LRB095 05209 DRJ 25283 b |
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| placed on parent-child contact are contrary to the child's best | 2 |
| interests, the court shall put in writing the factual basis | 3 |
| supporting the determination and enter specific findings based | 4 |
| on the evidence. The court shall enter an order for the | 5 |
| Department to implement changes to the parent-child visiting | 6 |
| plan, consistent with the court's findings. At any stage of | 7 |
| proceeding, any party may by motion request the court to enter | 8 |
| any orders necessary to implement the parent-child visiting | 9 |
| plan. Nothing under this subsection (2) shall restrict the | 10 |
| court from granting discretionary authority to the Department | 11 |
| to increase opportunities for additional parent-child | 12 |
| contacts, without further court orders. Nothing in this | 13 |
| subsection (2) shall restrict the Department from immediately | 14 |
| restricting or terminating parent-child contact, without | 15 |
| either amending the parent-child visiting plan or obtaining a | 16 |
| court order, where the Department or its assigns reasonably | 17 |
| believe that continuation of parent-child contact, as set out | 18 |
| in the parent-child visiting plan, would be contrary to the | 19 |
| child's health, safety, and welfare. The Department shall file | 20 |
| with the court and serve on the parties any amendments to the | 21 |
| visitation plan within 10 days, excluding weekends and | 22 |
| holidays, of the change of the visitation. Any party may, by | 23 |
| motion, request the court to review the parent-child visiting | 24 |
| plan to determine whether the parent-child visiting plan is | 25 |
| reasonably calculated to expeditiously facilitate the | 26 |
| achievement of the permanency goal, and is consistent with the |
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| minor's health, safety, and best interest.
| 2 |
| Acceptance of services shall not be considered an admission | 3 |
| of any
allegation in a petition made pursuant to this Act, nor | 4 |
| may a referral of
services be considered as evidence in any | 5 |
| proceeding pursuant to this Act,
except where the issue is | 6 |
| whether the Department has made reasonable
efforts to reunite | 7 |
| the family. In making its findings that it is
consistent with | 8 |
| the health, safety and best
interests of the minor to prescribe | 9 |
| shelter care, the court shall state in
writing (i) the factual | 10 |
| basis supporting its findings concerning the
immediate and | 11 |
| urgent necessity for the protection of the minor or of the | 12 |
| person
or property of another and (ii) the factual basis | 13 |
| supporting its findings that
reasonable efforts were made to | 14 |
| prevent or eliminate the removal of the minor
from his or her | 15 |
| home or that no efforts reasonably could be made to prevent or
| 16 |
| eliminate the removal of the minor from his or her home. The
| 17 |
| parents, guardian, custodian, temporary custodian and minor | 18 |
| shall each be
furnished a copy of such written findings. The | 19 |
| temporary custodian shall
maintain a copy of the court order | 20 |
| and written findings in the case record
for the child. The | 21 |
| order together with the court's findings of fact in
support | 22 |
| thereof shall be entered of record in the court.
| 23 |
| Once the court finds that it is a matter of immediate and | 24 |
| urgent necessity
for the protection of the minor that the minor | 25 |
| be placed in a shelter care
facility, the minor shall not be | 26 |
| returned to the parent, custodian or guardian
until the court |
|
|
|
HB0616 Enrolled |
- 18 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| finds that such placement is no longer necessary for the
| 2 |
| protection of the minor.
| 3 |
| If the child is placed in the temporary custody of the | 4 |
| Department of
Children
and Family
Services for his or her | 5 |
| protection, the court shall admonish the parents,
guardian,
| 6 |
| custodian or responsible relative that the parents must | 7 |
| cooperate with the
Department of Children and Family Services, | 8 |
| comply
with the terms of the service plans, and correct the | 9 |
| conditions which require
the child to be in care, or risk | 10 |
| termination of their parental
rights.
| 11 |
| (3) If prior to the shelter care hearing for a minor | 12 |
| described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | 13 |
| unable to serve notice on the
party respondent, the shelter | 14 |
| care hearing may proceed ex-parte. A shelter
care order from an | 15 |
| ex-parte hearing shall be endorsed with the date and
hour of | 16 |
| issuance and shall be filed with the clerk's office and entered | 17 |
| of
record. The order shall expire after 10 days from the time | 18 |
| it is issued
unless before its expiration it is renewed, at a | 19 |
| hearing upon appearance
of the party respondent, or upon an | 20 |
| affidavit of the moving party as to all
diligent efforts to | 21 |
| notify the party respondent by notice as herein
prescribed. The | 22 |
| notice prescribed shall be in writing and shall be
personally | 23 |
| delivered to the minor or the minor's attorney and to the last
| 24 |
| known address of the other person or persons entitled to | 25 |
| notice. The
notice shall also state the nature of the | 26 |
| allegations, the nature of the
order sought by the State, |
|
|
|
HB0616 Enrolled |
- 19 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| including whether temporary custody is sought,
and the | 2 |
| consequences of failure to appear and shall contain a notice
| 3 |
| that the parties will not be entitled to further written | 4 |
| notices or publication
notices of proceedings in this case, | 5 |
| including the filing of an amended
petition or a motion to | 6 |
| terminate parental rights, except as required by
Supreme Court | 7 |
| Rule 11; and shall explain the
right of
the parties and the | 8 |
| procedures to vacate or modify a shelter care order as
provided | 9 |
| in this Section. The notice for a shelter care hearing shall be
| 10 |
| substantially as follows:
| 11 |
| NOTICE TO PARENTS AND CHILDREN
| 12 |
| OF SHELTER CARE HEARING
| 13 |
| On ................ at ........., before the Honorable | 14 |
| ................,
(address:) ................., the State | 15 |
| of Illinois will present evidence
(1) that (name of child | 16 |
| or children) ....................... are abused,
neglected | 17 |
| or dependent for the following reasons:
| 18 |
| ..............................................
and (2) | 19 |
| whether
that there is "immediate and urgent necessity" to | 20 |
| remove the child
or children from the responsible relative.
| 21 |
| YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | 22 |
| PLACEMENT of the
child or children in foster care until a | 23 |
| trial can be held. A trial may
not be held for up to 90 | 24 |
| days. You will not be entitled to further notices
of | 25 |
| proceedings in this case, including the filing of an | 26 |
| amended petition or a
motion to terminate parental rights.
|
|
|
|
HB0616 Enrolled |
- 20 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| At the shelter care hearing, parents have the following | 2 |
| rights:
| 3 |
| 1. To ask the court to appoint a lawyer if they | 4 |
| cannot afford one.
| 5 |
| 2. To ask the court to continue the hearing to | 6 |
| allow them time to
prepare.
| 7 |
| 3. To present evidence concerning:
| 8 |
| a. Whether or not the child or children were | 9 |
| abused, neglected
or dependent.
| 10 |
| b. Whether or not there is "immediate and | 11 |
| urgent necessity" to remove
the child from home | 12 |
| (including: their ability to care for the child,
| 13 |
| conditions in the home, alternative means of | 14 |
| protecting the child other
than removal).
| 15 |
| c. The best interests of the child.
| 16 |
| 4. To cross examine the State's witnesses.
| 17 |
| The Notice for rehearings shall be substantially as | 18 |
| follows:
| 19 |
| NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| 20 |
| TO REHEARING ON TEMPORARY CUSTODY
| 21 |
| If you were not present at and did not have adequate | 22 |
| notice of the
Shelter Care Hearing at which temporary | 23 |
| custody of ............... was
awarded to | 24 |
| ................, you have the right to request a full | 25 |
| rehearing
on whether the State should have temporary |
|
|
|
HB0616 Enrolled |
- 21 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| custody of ................. To
request this rehearing, | 2 |
| you must file with the Clerk of the Juvenile Court
| 3 |
| (address): ........................, in person or by | 4 |
| mailing a statement
(affidavit) setting forth the | 5 |
| following:
| 6 |
| 1. That you were not present at the shelter care | 7 |
| hearing.
| 8 |
| 2. That you did not get adequate notice (explaining | 9 |
| how the notice
was inadequate).
| 10 |
| 3. Your signature.
| 11 |
| 4. Signature must be notarized.
| 12 |
| The rehearing should be scheduled within 48 hours of | 13 |
| your filing this
affidavit.
| 14 |
| At the rehearing, your rights are the same as at the | 15 |
| initial shelter care
hearing. The enclosed notice explains | 16 |
| those rights.
| 17 |
| At the Shelter Care Hearing, children have the | 18 |
| following rights:
| 19 |
| 1. To have a guardian ad litem appointed.
| 20 |
| 2. To be declared competent as a witness and to | 21 |
| present testimony
concerning:
| 22 |
| a. Whether they are abused, neglected or | 23 |
| dependent.
| 24 |
| b. Whether there is "immediate and urgent | 25 |
| necessity" to be
removed from home.
| 26 |
| c. Their best interests.
|
|
|
|
HB0616 Enrolled |
- 22 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| 3. To cross examine witnesses for other parties.
| 2 |
| 4. To obtain an explanation of any proceedings and | 3 |
| orders of the
court.
| 4 |
| (4) If the parent, guardian, legal custodian, responsible | 5 |
| relative,
minor age 8 or over, or counsel of the minor did not | 6 |
| have actual notice of
or was not present at the shelter care | 7 |
| hearing, he or she may file an
affidavit setting forth these | 8 |
| facts, and the clerk shall set the matter for
rehearing not | 9 |
| later than 48 hours, excluding Sundays and legal holidays,
| 10 |
| after the filing of the affidavit. At the rehearing, the court | 11 |
| shall
proceed in the same manner as upon the original hearing.
| 12 |
| (5) Only when there is reasonable cause to believe that the | 13 |
| minor
taken into custody is a person described in subsection | 14 |
| (3) of Section
5-105 may the minor be
kept or detained in a | 15 |
| detention home or county or municipal jail. This
Section shall | 16 |
| in no way be construed to limit subsection (6).
| 17 |
| (6) No minor under 16 years of age may be confined in a | 18 |
| jail or place
ordinarily used for the confinement of prisoners | 19 |
| in a police station. Minors
under 17 years of age must be kept | 20 |
| separate from confined adults and may
not at any time be kept | 21 |
| in the same cell, room, or yard with adults confined
pursuant | 22 |
| to the criminal law.
| 23 |
| (7) If the minor is not brought before a judicial officer | 24 |
| within the
time period as specified in Section 2-9, the minor | 25 |
| must immediately be
released from custody.
| 26 |
| (8) If neither the parent, guardian or custodian appears |
|
|
|
HB0616 Enrolled |
- 23 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| within 24
hours to take custody of a minor released upon | 2 |
| request pursuant to
subsection (2) of this Section, then the | 3 |
| clerk of the court shall set the
matter for rehearing not later | 4 |
| than 7 days after the original order and
shall issue a summons | 5 |
| directed to the parent, guardian or custodian to
appear. At the | 6 |
| same time the probation department shall prepare a report
on | 7 |
| the minor. If a parent, guardian or custodian does not appear | 8 |
| at such
rehearing, the judge may enter an order prescribing | 9 |
| that the minor be kept
in a suitable place designated by the | 10 |
| Department of Children and Family
Services or a licensed child | 11 |
| welfare agency.
| 12 |
| (9) Notwithstanding any other provision of this
Section any | 13 |
| interested party, including the State, the temporary
| 14 |
| custodian, an agency providing services to the minor or family | 15 |
| under a
service plan pursuant to Section 8.2 of the Abused and | 16 |
| Neglected Child
Reporting Act, foster parent, or any of their | 17 |
| representatives, on notice
to all parties entitled to notice, | 18 |
| may file a motion that it is in the best
interests of the minor | 19 |
| to modify or vacate a
temporary custody order on any of the | 20 |
| following grounds:
| 21 |
| (a) It is no longer a matter of immediate and urgent | 22 |
| necessity that the
minor remain in shelter care; or
| 23 |
| (b) There is a material change in the circumstances of | 24 |
| the natural
family from which the minor was removed and the | 25 |
| child can be cared for at
home without endangering the | 26 |
| child's health or safety; or
|
|
|
|
HB0616 Enrolled |
- 24 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| (c) A person not a party to the alleged abuse, neglect | 2 |
| or dependency,
including a parent, relative or legal | 3 |
| guardian, is capable of assuming
temporary custody of the | 4 |
| minor; or
| 5 |
| (d) Services provided by the Department of Children and | 6 |
| Family Services
or a child welfare agency or other service | 7 |
| provider have been successful in
eliminating the need for | 8 |
| temporary custody and the child can be cared for at
home | 9 |
| without endangering the child's health or safety.
| 10 |
| In ruling on the motion, the court shall determine whether | 11 |
| it is consistent
with the health, safety and best interests of | 12 |
| the minor to modify
or vacate a temporary custody order.
| 13 |
| The clerk shall set the matter for hearing not later than | 14 |
| 14 days after
such motion is filed. In the event that the court | 15 |
| modifies or vacates a
temporary custody order but does not | 16 |
| vacate its finding of probable cause,
the court may order that | 17 |
| appropriate services be continued or initiated in
behalf of the | 18 |
| minor and his or her family.
| 19 |
| (10) When the court finds or has found that there is | 20 |
| probable cause to
believe a minor is an abused minor as | 21 |
| described in subsection (2) of Section
2-3
and that there is an | 22 |
| immediate and urgent necessity for the abused minor to be
| 23 |
| placed in shelter care, immediate and urgent necessity shall be | 24 |
| presumed for
any other minor residing in the same household as | 25 |
| the abused minor provided:
| 26 |
| (a) Such other minor is the subject of an abuse or |
|
|
|
HB0616 Enrolled |
- 25 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| neglect petition
pending before the court; and
| 2 |
| (b) A party to the petition is seeking shelter care for | 3 |
| such other minor.
| 4 |
| Once the presumption of immediate and urgent necessity has | 5 |
| been raised, the
burden of demonstrating the lack of immediate | 6 |
| and urgent necessity shall be on
any party that is opposing | 7 |
| shelter care for the other minor.
| 8 |
| (Source: P.A. 94-604, eff. 1-1-06.)
| 9 |
| (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
| 10 |
| Sec. 2-13. Petition.
| 11 |
| (1) Any adult person, any agency or association by its
| 12 |
| representative may file, or the court on its own motion, | 13 |
| consistent with the
health, safety and best interests of the | 14 |
| minor may direct the
filing through the State's Attorney of a | 15 |
| petition in respect of a minor
under this Act. The petition and | 16 |
| all subsequent court documents shall be
entitled "In the | 17 |
| interest of ...., a minor".
| 18 |
| (2) The petition shall be verified but the statements may | 19 |
| be made
upon information and belief. It shall allege that the | 20 |
| minor is
abused, neglected, or dependent, with citations to the | 21 |
| appropriate
provisions of this Act,
and set forth (a) facts | 22 |
| sufficient to bring the minor
under Section 2-3 or 2-4 and to | 23 |
| inform respondents of the cause of action,
including, but not | 24 |
| limited to, a plain and concise statement of the factual
| 25 |
| allegations that form the basis for the filing of the petition; |
|
|
|
HB0616 Enrolled |
- 26 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| (b) the name,
age and residence of the minor; (c) the names and | 2 |
| residences of his parents;
(d) the name and residence of his
| 3 |
| legal guardian or the person or persons having custody or | 4 |
| control of the
minor, or of the nearest known relative if no | 5 |
| parent or guardian can be
found; and (e) if the minor upon | 6 |
| whose behalf the petition is brought is
sheltered in custody, | 7 |
| the date on which such temporary custody
was ordered by the
| 8 |
| court or the date set for a temporary custody hearing. If any | 9 |
| of the facts
herein required are not known by the petitioner, | 10 |
| the petition shall so
state.
| 11 |
| (3) The petition must allege that it is in the best | 12 |
| interests of the
minor and of the public that he be adjudged a | 13 |
| ward of the court and may
pray generally for relief available | 14 |
| under this Act. The petition need
not specify any proposed | 15 |
| disposition following adjudication of wardship. The petition | 16 |
| may request that the minor remain in the custody of the parent, | 17 |
| guardian, or custodian under an Order of Protection.
| 18 |
| (4) If termination of parental rights and appointment of a | 19 |
| guardian of the
person with power to consent to adoption of the | 20 |
| minor under Section 2-29 is
sought, the petition shall so | 21 |
| state. If the petition includes this request,
the prayer for | 22 |
| relief shall clearly and obviously state that the parents could
| 23 |
| permanently lose their rights as a parent at this hearing.
| 24 |
| In addition to the foregoing, the petitioner, by motion, | 25 |
| may request the
termination of parental rights and appointment | 26 |
| of a guardian of the person with
power to consent to adoption |
|
|
|
HB0616 Enrolled |
- 27 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| of the minor under Section 2-29 at any time after
the entry of | 2 |
| a dispositional order under Section 2-22.
| 3 |
| (4.5) (a) With respect to any minors committed to its care | 4 |
| pursuant to
this Act, the Department of Children and Family | 5 |
| Services shall request the
State's Attorney to file a petition | 6 |
| or motion for termination of parental
rights and appointment of | 7 |
| guardian of the person with power to consent to
adoption of the | 8 |
| minor under Section 2-29 if:
| 9 |
| (i) a minor has been in foster care, as described in | 10 |
| subsection (b), for
15 months of the most recent 22 months; | 11 |
| or
| 12 |
| (ii) a minor under the age of 2 years has been | 13 |
| previously determined to be
abandoned at an adjudicatory | 14 |
| hearing; or
| 15 |
| (iii) the parent is criminally convicted of (A) first | 16 |
| degree murder or
second degree murder of any child, (B) | 17 |
| attempt or conspiracy to commit first
degree murder or | 18 |
| second degree murder of any child, (C) solicitation to | 19 |
| commit
murder of any child, solicitation to commit murder | 20 |
| for hire of any child, or
solicitation to
commit second | 21 |
| degree murder of any child, (D)
aggravated battery, | 22 |
| aggravated battery of a child, or felony domestic battery,
| 23 |
| any of which has resulted in serious injury to the minor or | 24 |
| a sibling of the
minor, (E) aggravated criminal sexual | 25 |
| assault in
violation of subdivision (b)(1) of Section 12-14 | 26 |
| of the Criminal Code of 1961,
or
(F) an offense in any |
|
|
|
HB0616 Enrolled |
- 28 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| other state the elements of which are similar and bear a
| 2 |
| substantial relationship to any of the foregoing offenses
| 3 |
| unless:
| 4 |
| (i) the child
is being cared for by a relative,
| 5 |
| (ii) the Department has documented in the
case plan a | 6 |
| compelling reason for determining that filing such | 7 |
| petition would
not be in the best interests of the child,
| 8 |
| (iii) the court has found within the
preceding 12 | 9 |
| months that the Department has failed to make reasonable | 10 |
| efforts
to reunify the child and family, or
| 11 |
| (iv) paragraph (c) of this subsection (4.5)
provides | 12 |
| otherwise.
| 13 |
| (b) For purposes of this subsection, the date of entering | 14 |
| foster care is
defined as the earlier of:
| 15 |
| (1) The date of a judicial finding at an adjudicatory | 16 |
| hearing that the
child is an abused, neglected, or | 17 |
| dependent minor; or
| 18 |
| (2) 60 days after the date on which the child is | 19 |
| removed from his or her
parent, guardian, or legal | 20 |
| custodian.
| 21 |
| (c) With respect to paragraph (a)(i), the following | 22 |
| transition rules shall
apply:
| 23 |
| (1) If the child entered foster care after November 19, | 24 |
| 1997 and
this amendatory Act of 1998 takes effect before | 25 |
| the child has been in
foster care for 15 months of the | 26 |
| preceding 22 months, then the Department shall
comply with |
|
|
|
HB0616 Enrolled |
- 29 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| the requirements of paragraph (a) of this subsection (4.5) | 2 |
| for that
child as soon as the child has been in foster care | 3 |
| for 15 of the preceding 22
months.
| 4 |
| (2) If the child entered foster care after November 19, | 5 |
| 1997 and
this amendatory Act of 1998 takes effect after the | 6 |
| child has been in foster
care for 15 of the preceding 22 | 7 |
| months, then the Department shall comply with
the | 8 |
| requirements of paragraph (a) of this subsection (4.5) for | 9 |
| that child
within 3 months after the end of the next | 10 |
| regular session of the General
Assembly.
| 11 |
| (3) If the child entered foster care prior to November | 12 |
| 19, 1997, then the
Department shall comply with the | 13 |
| requirements of paragraph (a) of this
subsection (4.5) for | 14 |
| that child in accordance with Department policy or rule.
| 15 |
| (d) If the State's Attorney determines that the | 16 |
| Department's request for
filing of a petition or motion | 17 |
| conforms to the requirements set forth in
subdivisions (a), | 18 |
| (b), and (c) of this subsection (4.5), then the State's
| 19 |
| Attorney shall file the petition or motion as requested.
| 20 |
| (5) The court shall liberally allow the petitioner to amend | 21 |
| the petition to
set forth a cause of action or to add, amend, | 22 |
| or supplement factual allegations
that form the basis for a | 23 |
| cause of action up until 14 days before the
adjudicatory | 24 |
| hearing. The petitioner may amend the petition after that date
| 25 |
| and prior to the adjudicatory hearing if the court grants leave | 26 |
| to amend upon a
showing of good cause.
The court may allow |
|
|
|
HB0616 Enrolled |
- 30 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| amendment of the
petition to conform with the evidence at any | 2 |
| time prior to ruling. In all
cases in which the court has | 3 |
| granted leave to amend based on new evidence or
new | 4 |
| allegations, the court shall permit
the respondent an adequate | 5 |
| opportunity to prepare a defense to the amended
petition.
| 6 |
| (6) At any time before dismissal of the petition or before | 7 |
| final closing
and discharge under Section 2-31, one or more | 8 |
| motions in the best interests of
the minor may be filed. The | 9 |
| motion shall specify sufficient facts in support
of the relief | 10 |
| requested.
| 11 |
| (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. | 12 |
| 90-443);
90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)
| 13 |
| (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
| 14 |
| Sec. 2-25. Order of protection.
| 15 |
| (1) The court may make an order of
protection in assistance | 16 |
| of or as a condition of any other order authorized
by this Act. | 17 |
| The order of protection shall be based on the health, safety
| 18 |
| and best interests of the minor and may set forth reasonable | 19 |
| conditions of
behavior to be observed for a specified period. | 20 |
| Such an order may require a
person:
| 21 |
| (a) to stay away from the home or the minor;
| 22 |
| (b) to permit a parent to visit the minor at stated | 23 |
| periods;
| 24 |
| (c) to abstain from offensive conduct against the | 25 |
| minor, his parent or
any person to whom custody of the |
|
|
|
HB0616 Enrolled |
- 31 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| minor is awarded;
| 2 |
| (d) to give proper attention to the care of the home;
| 3 |
| (e) to cooperate in good faith with an agency to which | 4 |
| custody of a
minor is entrusted by the court or with an | 5 |
| agency or association to which
the minor is referred by the | 6 |
| court;
| 7 |
| (f) to prohibit and prevent any contact whatsoever with | 8 |
| the respondent
minor by a specified individual or | 9 |
| individuals who are alleged in either a
criminal or | 10 |
| juvenile proceeding to have caused injury to a respondent
| 11 |
| minor or a sibling of a respondent minor;
| 12 |
| (g) to refrain from acts of commission or omission that | 13 |
| tend to make
the home not a proper place for the minor;
| 14 |
| (h) to refrain from contacting the minor and the foster | 15 |
| parents in any
manner that is not specified in writing in | 16 |
| the case plan.
| 17 |
| (2) The court shall enter an order of protection
to | 18 |
| prohibit and prevent any contact between a respondent minor
or | 19 |
| a sibling of a respondent minor and any person named in a | 20 |
| petition
seeking an order of protection who has been convicted | 21 |
| of
heinous battery under Section 12-4.1,
aggravated battery of | 22 |
| a child under Section 12-4.3, criminal sexual assault
under | 23 |
| Section 12-13, aggravated criminal sexual assault under | 24 |
| Section
12-14,
predatory criminal sexual assault of a child | 25 |
| under Section 12-14.1,
criminal sexual abuse under Section | 26 |
| 12-15, or aggravated criminal
sexual abuse under Section 12-16 |
|
|
|
HB0616 Enrolled |
- 32 - |
LRB095 05209 DRJ 25283 b |
|
| 1 |
| of the Criminal Code of 1961, or has been
convicted of an | 2 |
| offense that resulted in the death of a child, or has
violated | 3 |
| a previous order of protection under this Section.
| 4 |
| (3) When the court issues an order of protection against | 5 |
| any person as
provided by this Section, the court shall direct | 6 |
| a copy of such order to
the Sheriff of that county. The Sheriff | 7 |
| shall furnish a copy of the order of
protection to the | 8 |
| Department of State Police within 24 hours of
receipt, in the | 9 |
| form and manner required by the Department. The Department
of | 10 |
| State Police shall maintain a complete record and index of such | 11 |
| orders
of protection and make this data available to all local | 12 |
| law enforcement
agencies.
| 13 |
| (4) After notice and opportunity for hearing afforded to a | 14 |
| person
subject to an order of protection, the order may be | 15 |
| modified or extended
for a further specified period or both or | 16 |
| may be terminated if the court
finds that the health, safety, | 17 |
| and best interests of the minor and the
public will be served
| 18 |
| thereby.
| 19 |
| (5) An order of protection may be sought at any time during | 20 |
| the course
of any proceeding conducted pursuant to this Act if | 21 |
| such an order is
consistent with the
health, safety, and best | 22 |
| interests of the minor. Any person against whom
an order of | 23 |
| protection is sought may retain counsel to represent him at a
| 24 |
| hearing, and has rights to be present at the hearing, to be | 25 |
| informed prior
to the hearing in writing of the contents of the | 26 |
| petition seeking a
protective order and of the date, place and |
|
|
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| 1 |
| time of such hearing, and to
cross examine witnesses called by | 2 |
| the petitioner and to present witnesses
and argument in | 3 |
| opposition to the relief sought in the petition.
| 4 |
| (6) Diligent efforts shall be made by the petitioner to | 5 |
| serve any person
or persons against whom any order of | 6 |
| protection is sought with written
notice of the contents of the | 7 |
| petition seeking a protective order and
of the date, place and | 8 |
| time at which the hearing on the petition is to be
held. When a | 9 |
| protective order is being sought in conjunction with a
| 10 |
| temporary custody hearing, if the court finds that the person | 11 |
| against whom
the protective order is being sought has been | 12 |
| notified of the hearing or
that diligent efforts have been made | 13 |
| to notify such person, the court may
conduct a hearing. If a | 14 |
| protective order is sought at any time other than
in | 15 |
| conjunction with a temporary custody hearing, the court may
not | 16 |
| conduct a hearing on the petition in the absence of the person | 17 |
| against
whom the order is sought unless the petitioner has | 18 |
| notified such person by
personal service at least 3 days before | 19 |
| the hearing or has sent written
notice by first class mail to | 20 |
| such person's last known address at least 5
days before the | 21 |
| hearing.
| 22 |
| (7) A person against whom an order of protection is being | 23 |
| sought who is
neither a parent, guardian, legal custodian or | 24 |
| responsible relative as
described in Section 1-5 is not a party | 25 |
| or respondent as defined in that
Section and shall not be | 26 |
| entitled to the rights provided therein.
Such person does not |
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| 1 |
| have a right to appointed counsel or to be
present at any | 2 |
| hearing other than the hearing in which the order of protection
| 3 |
| is being sought or a hearing directly pertaining to that order. | 4 |
| Unless the
court orders otherwise, such person does not have a | 5 |
| right to inspect the court
file.
| 6 |
| (8) All protective orders entered under this Section shall | 7 |
| be in
writing. Unless the person against whom the order was | 8 |
| obtained was present
in court when the order was issued, the | 9 |
| sheriff, other law enforcement
official or special process | 10 |
| server shall
promptly serve that order upon that person and | 11 |
| file proof of such service,
in the manner provided for service | 12 |
| of process in civil proceedings. The
person against whom the | 13 |
| protective order was obtained may seek a
modification of the | 14 |
| order by filing a written motion to modify the order
within 7 | 15 |
| days after actual receipt by the person of a copy of the order. | 16 |
| Any
modification of the order granted by the court must be | 17 |
| determined to be
consistent with the best interests of the | 18 |
| minor.
| 19 |
| (9) If a petition is filed charging a violation of a | 20 |
| condition contained in the
protective order and if the court | 21 |
| determines that this violation is of a critical service | 22 |
| necessary to the safety and welfare of the minor, the court may | 23 |
| proceed to findings and an order for temporary custody.
| 24 |
| (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; | 25 |
| 90-15, eff.
6-13-97; 90-28, eff. 1-1-98; 90-655, eff. 7-30-98.)
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