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90_SB0240ccr001
LRB9001118KDksccr1
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 240
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 1 to Senate Bill 240, recommend the following:
11 (1) that the Senate concur in House Amendment No. 1; and
12 (2) that Senate Bill 240 be further amended on page 1,
13 by replacing lines 1 and 2 with the following:
14 "AN ACT in relation to State services, amending named
15 Acts."; and
16 on page 3, by inserting after line 25 the following:
17 "Section 7. The Department of Mental Health and
18 Developmental Disabilities Act (short title changed to Mental
19 Health and Developmental Disabilities Administrative Act
20 effective July 1, 1997) is amended by adding Section 69 as
21 follows:
22 (20 ILCS 1705/69 new)
23 Sec. 69. Joint planning by the Department of Human
24 Services and the Department of Children and Family Services.
25 The purpose of this Section is to mandate that joint planning
26 occur between the Department of Children and Family Services
27 and the Department of Human Services to ensure that the 2
28 agencies coordinate their activities and effectively work
29 together to provide wards with developmental disabilities for
30 whom the Department of Children and Family Services is
31 legally responsible a smooth transition to adult living upon
32 reaching the age of 21. The Department of Children and Family
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1 Services and the Department of Human Services shall execute
2 an interagency agreement by January 1, 1998 that outlines the
3 terms of the coordination process. The Departments shall
4 consult with private providers of services to children in
5 formulating the interagency agreement."; and
6 on page 9, below line 30, by inserting the following:
7 "Section 13. The Juvenile Court Act of 1987 is amended
8 by changing Section 2-27 as follows:
9 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
10 Sec. 2-27. Placement; legal custody or guardianship.
11 (1) If the court determines and puts in writing the
12 factual basis supporting the determination of whether the
13 parents, guardian, or legal custodian of a minor adjudged a
14 ward of the court are unfit or are unable, for some reason
15 other than financial circumstances alone, to care for,
16 protect, train or discipline the minor or are unwilling to do
17 so, and that it is in the best interest of the minor to take
18 the minor him from the custody of his or her parents,
19 guardian or custodian, the court may at this hearing and at
20 any later point:
21 (a) place the minor him in the custody of a
22 suitable relative or other person as legal custodian or
23 guardian;
24 (a-5) with the approval of the Department of
25 Children and Family Services, place the minor in the
26 subsidized guardianship of a suitable relative or other
27 person as legal guardian; "subsidized guardianship" means
28 a private guardianship arrangement for children for whom
29 the permanency goals of return home and adoption have
30 been ruled out and who meet the qualifications for
31 subsidized guardianship as defined by the Department of
32 Children and Family Services in administrative rules;
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1 (b) place the minor him under the guardianship of a
2 probation officer;
3 (c) commit the minor him to an agency for care or
4 placement, except an institution under the authority of
5 the Department of Corrections or of the Department of
6 Children and Family Services;
7 (d) commit the minor him to the Department of
8 Children and Family Services for care and service;
9 however, a minor charged with a criminal offense under
10 the Criminal Code of 1961 or adjudicated delinquent shall
11 not be placed in the custody of or committed to the
12 Department of Children and Family Services by any court,
13 except a minor less than 13 years of age and committed to
14 the Department of Children and Family Services under
15 Section 5-23 of this Act. The Department shall be given
16 due notice of the pendency of the action and the
17 Guardianship Administrator of the Department of Children
18 and Family Services shall be appointed guardian of the
19 person of the minor. Whenever the Department seeks to
20 discharge a minor from its care and service, the
21 Guardianship Administrator shall petition the court for
22 an order terminating guardianship. The Guardianship
23 Administrator may designate one or more other officers of
24 the Department, appointed as Department officers by
25 administrative order of the Department Director,
26 authorized to affix the signature of the Guardianship
27 Administrator to documents affecting the guardian-ward
28 relationship of children for whom he or she has been
29 appointed guardian at such times as he or she is unable
30 to perform the duties of his or her office. The signature
31 authorization shall include but not be limited to matters
32 of consent of marriage, enlistment in the armed forces,
33 legal proceedings, adoption, major medical and surgical
34 treatment and application for driver's license. Signature
35 authorizations made pursuant to the provisions of this
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1 paragraph shall be filed with the Secretary of State and
2 the Secretary of State shall provide upon payment of the
3 customary fee, certified copies of the authorization to
4 any court or individual who requests a copy.
5 In making a determination under this Section, the court
6 shall also consider whether, based on the best interests of
7 the minor, appropriate services aimed at family preservation
8 and family reunification have been unsuccessful in rectifying
9 the conditions that have led to a finding of unfitness or
10 inability to care for, protect, train, or discipline the
11 minor, or whether, based on the best interests of the minor,
12 no family preservation or family reunification services would
13 be appropriate.
14 When making a placement, the court, wherever possible,
15 shall require the Department of Children and Family Services
16 to select a person holding the same religious belief as that
17 of the minor or a private agency controlled by persons of
18 like religious faith of the minor and shall require the
19 Department to otherwise comply with Section 7 of the Children
20 and Family Services Act in placing the child. In addition,
21 whenever alternative plans for placement are available, the
22 court shall ascertain and consider, to the extent appropriate
23 in the particular case, the views and preferences of the
24 minor.
25 (2) When a minor is placed with a suitable relative or
26 other person pursuant to item (a) of subsection (1), the
27 court shall appoint him or her the legal custodian or
28 guardian of the person of the minor. When a minor is
29 committed to any agency, the court shall appoint the proper
30 officer or representative thereof as legal custodian or
31 guardian of the person of the minor. Legal custodians and
32 guardians of the person of the minor have the respective
33 rights and duties set forth in subsection (9) of Section 1-3
34 except as otherwise provided by order of court; but no
35 guardian of the person may consent to adoption of the minor
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1 unless that authority is conferred upon him or her in
2 accordance with Section 2-29. An agency whose representative
3 is appointed guardian of the person or legal custodian of the
4 minor may place the minor him in any child care facility, but
5 the facility must be licensed under the Child Care Act of
6 1969 or have been approved by the Department of Children and
7 Family Services as meeting the standards established for such
8 licensing. No agency may place a minor adjudicated under
9 Sections 2-3 or 2-4 in a child care facility unless the
10 placement is in compliance with the rules and regulations for
11 placement under this Section promulgated by the Department of
12 Children and Family Services under Section 5 of the Children
13 and Family Services Act. Like authority and restrictions
14 shall be conferred by the court upon any probation officer
15 who has been appointed guardian of the person of a minor.
16 (3) No placement by any probation officer or agency
17 whose representative is appointed guardian of the person or
18 legal custodian of a minor may be made in any out of State
19 child care facility unless it complies with the Interstate
20 Compact on the Placement of Children. Placement with a
21 parent, however, is not subject to that Interstate Compact.
22 (4) The clerk of the court shall issue to the legal
23 custodian or guardian of the person a certified copy of the
24 order of court, as proof of his authority. No other process
25 is necessary as authority for the keeping of the minor.
26 (5) Custody or guardianship granted under this Section
27 continues until the court otherwise directs, but not after
28 the minor reaches the age of 19 years except as set forth in
29 Section 2-31.
30 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
31 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96.)";
32 and
33 on page 11, below line 26, by adding the following:
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1 "Section 99. Effective date. This Act takes effect upon
2 becoming law.".
3 Submitted on , 1997.
4 ______________________________ _____________________________
5 Senator Representative Currie
6 ______________________________ _____________________________
7 Senator Representative Pugh
8 ______________________________ _____________________________
9 Senator Representative Ronen
10 ______________________________ _____________________________
11 Senator Representative Churchill
12 ______________________________ _____________________________
13 Senator Representative Lindner
14 Committee for the Senate Committee for the House