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90_SB0345sam001
LRB9000198SMdvam01
1 AMENDMENT TO SENATE BILL 345
2 AMENDMENT NO. . Amend Senate Bill 345 on page 1, by
3 replacing lines 16 through 24 with the following:
4 "Sec. 35.3. Confidentiality of foster parent identifying
5 information. Because foster parents accept placements into
6 their residences, it is the policy of the State of Illinois
7 to protect foster parents' addresses and telephone numbers
8 from disclosure. The Department shall adopt rules to
9 effectuate this policy and provide sufficient prior notice of
10 any authorized disclosure for foster parents to seek an order
11 of protection under Section 2-25 of the Juvenile Court Act of
12 1987.
13 Section 15. The Juvenile Court Act of 1987 is amended by
14 changing Section 2-25 as follows:
15 (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
16 Sec. 2-25. Order of protection.
17 (1) The court may make an order of protection in
18 assistance of or as a condition of any other order authorized
19 by this Act. The order of protection shall be based on the
20 best interests of the minor and may set forth reasonable
21 conditions of behavior to be observed for a specified period.
22 Such an order may require a person:
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1 (a) To stay away from the home or the minor;
2 (b) To permit a parent to visit the minor at stated
3 periods;
4 (c) To abstain from offensive conduct against the
5 minor, his parent or any person to whom custody of the
6 minor is awarded;
7 (d) To give proper attention to the care of the
8 home;
9 (e) To cooperate in good faith with an agency to
10 which custody of a minor is entrusted by the court or
11 with an agency or association to which the minor is
12 referred by the court;
13 (f) To prohibit and prevent any contact whatsoever
14 with the respondent minor by a specified individual or
15 individuals who are alleged in either a criminal or
16 juvenile proceeding to have caused injury to a respondent
17 minor or a sibling of a respondent minor;
18 (g) To refrain from acts of commission or omission
19 that tend to make the home not a proper place for the
20 minor.
21 (h) To refrain contacting the minor and the foster
22 parents in any manner that is not specified in writing in
23 the case plan.
24 (2) The court shall enter an order of protection to
25 prohibit and prevent any contact between a respondent minor
26 or a sibling of a respondent minor and any person named in a
27 petition seeking an order of protection who has been
28 convicted of heinous battery under Section 12-4.1, aggravated
29 battery of a child under Section 12-4.3, criminal sexual
30 assault under Section 12-13, aggravated criminal sexual
31 assault under Section 12-14, predatory criminal sexual
32 assault of a child under Section 12-14.1, criminal sexual
33 abuse under Section 12-15, or aggravated criminal sexual
34 abuse under Section 12-16 of the Criminal Code of 1961, or
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1 has been convicted of an offense that resulted in the death
2 of a child, or has violated a previous order of protection
3 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
6 direct a copy of such order to the Sheriff of that county.
7 The Sheriff shall furnish a copy of the order of protection
8 to the Department of State Police with 24 hours of receipt,
9 in the form and manner required by the Department. The
10 Department of State Police shall maintain a complete record
11 and index of such orders of protection and make this data
12 available to all local law enforcement agencies.
13 (4) After notice and opportunity for hearing afforded to
14 a person subject to an order of protection, the order may be
15 modified or extended for a further specified period or both
16 or may be terminated if the court finds that the best
17 interests of the minor and the public will be served thereby.
18 (5) An order of protection may be sought at any time
19 during the course of any proceeding conducted pursuant to
20 this Act if such an order is in the best interests of the
21 minor. Any person against whom an order of protection is
22 sought may retain counsel to represent him at a hearing, and
23 has rights to be present at the hearing, to be informed prior
24 to the hearing in writing of the contents of the petition
25 seeking a protective order and of the date, place and time of
26 such hearing, and to cross examine witnesses called by the
27 petitioner and to present witnesses and argument in
28 opposition to the relief sought in the petition.
29 (6) Diligent efforts shall be made by the petitioner to
30 serve any person or persons against whom any order of
31 protection is sought with written notice of the contents of
32 the petition seeking a protective order and of the date,
33 place and time at which the hearing on the petition is to be
34 held. When a protective order is being sought in conjunction
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1 with a temporary custody hearing, if the court finds that the
2 person against whom the protective order is being sought has
3 been notified of the hearing or that diligent efforts have
4 been made to notify such person, the court may conduct a
5 hearing. If a protective order is sought at any time other
6 than in conjunction with a temporary custody hearing, the
7 court may not conduct a hearing on the petition in the
8 absence of the person against whom the order is sought unless
9 the petitioner has notified such person by personal service
10 at least 3 days before the hearing or has sent written
11 notice by first class mail to such person's last known
12 address at least 5 days before the hearing.
13 (7) A person against whom an order of protection is
14 being sought who is neither a parent, guardian, legal
15 custodian or responsible relative as described in Section 1-5
16 is not a party or respondent as defined in that Section and
17 shall not be entitled to the rights provided therein. Such
18 person does not have a right to appointed counsel or to be
19 present at any hearing other than the hearing in which the
20 order of protection is being sought or a hearing directly
21 pertaining to that order. Unless the court orders otherwise,
22 such person does not have a right to inspect the court file.
23 (8) All protective orders entered under this Section
24 shall be in writing. Unless the person against whom the
25 order was obtained was present in court when the order was
26 issued, the sheriff, other law enforcement official or
27 special process server shall promptly serve that order upon
28 that person and file proof of such service, in the manner
29 provided for service of process in civil proceedings. The
30 person against whom the protective order was obtained may
31 seek a modification of the order by filing a written motion
32 to modify the order within 7 days after actual receipt by the
33 person of a copy of the order. Any modification of the order
34 granted by the court must be determined to be consistent with
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1 the best interests of the minor.
2 (Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
3 5-29-96.)".