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90_SB1099enr
705 ILCS 405/5-1 from Ch. 37, par. 805-1
Amends the Juvenile Court Act of 1987. Makes a technical
change in Section relating to jurisdiction over delinquents.
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1 AN ACT concerning juveniles, amending a named Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5 changing Sections 1-3, 1-8, 2-10, 2-22, 2-28, and 2-28.1 and
6 adding Section 2-28.01 as follows:
7 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
8 Sec. 1-3. Definitions. Terms used in this Act, unless
9 the context otherwise requires, have the following meanings
10 ascribed to them:
11 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
12 hearing to determine whether the allegations of a petition
13 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
14 of age is abused, neglected or dependent, or requires
15 authoritative intervention, or addicted, respectively, are
16 supported by a preponderance of the evidence or whether the
17 allegations of a petition under Section 5-13 that a minor is
18 delinquent are proved beyond a reasonable doubt.
19 (2) Adult. "Adult" means a person 21 years of age or
20 older.
21 (3) Agency. "Agency" means a public or private child
22 care facility legally authorized or licensed by this State
23 for placement or institutional care or for both placement and
24 institutional care.
25 (4) Association. "Association" means any organization,
26 public or private, engaged in welfare functions which include
27 services to or on behalf of children but does not include
28 "agency" as herein defined.
29 (4.1) Chronic truant. "Chronic truant" shall have the
30 definition ascribed to it in Section 26-2a of The School
31 Code.
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1 (5) Court. "Court" means the circuit court in a session
2 or division assigned to hear proceedings under this Act.
3 (6) Dispositional hearing. "Dispositional hearing" means
4 a hearing to determine whether a minor should be adjudged to
5 be a ward of the court, and to determine what order of
6 disposition should be made in respect to a minor adjudged to
7 be a ward of the court.
8 (7) Emancipated minor. "Emancipated minor" means any
9 minor 16 years of age or over who has been completely or
10 partially emancipated under the "Emancipation of Mature
11 Minors Act", enacted by the Eighty-First General Assembly, or
12 under this Act.
13 (8) Guardianship of the person. "Guardianship of the
14 person" of a minor means the duty and authority to act in the
15 best interests of the minor, subject to residual parental
16 rights and responsibilities, to make important decisions in
17 matters having a permanent effect on the life and development
18 of the minor and to be concerned with his or her general
19 welfare. It includes but is not necessarily limited to:
20 (a) the authority to consent to marriage, to
21 enlistment in the armed forces of the United States, or
22 to a major medical, psychiatric, and surgical treatment;
23 to represent the minor in legal actions; and to make
24 other decisions of substantial legal significance
25 concerning the minor;
26 (b) the authority and duty of reasonable
27 visitation, except to the extent that these have been
28 limited in the best interests of the minor by court
29 order;
30 (c) the rights and responsibilities of legal
31 custody except where legal custody has been vested in
32 another person or agency; and
33 (d) the power to consent to the adoption of the
34 minor, but only if expressly conferred on the guardian in
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1 accordance with Section 2-29, 3-30, 4-27 or 5-31.
2 (9) Legal custody. "Legal custody" means the
3 relationship created by an order of court in the best
4 interests of the minor which imposes on the custodian the
5 responsibility of physical possession of a minor and the duty
6 to protect, train and discipline him and to provide him with
7 food, shelter, education and ordinary medical care, except as
8 these are limited by residual parental rights and
9 responsibilities and the rights and responsibilities of the
10 guardian of the person, if any.
11 (10) Minor. "Minor" means a person under the age of 21
12 years subject to this Act.
13 (11) Parents. "Parent" means the father or mother of a
14 child and includes any adoptive parent. It also includes the
15 father whose paternity is presumed or has been established
16 under the law of this or another jurisdiction. It does not
17 include a parent whose rights in respect to the minor have
18 been terminated in any manner provided by law.
19 (11.1) "Permanency goal" means a goal set by a service
20 plan or an administrative case review or in counties with a
21 population of 3,000,000 or more, a goal ordered by a judge,
22 including, but not limited to, (i) remaining home, (ii)
23 returning home to a specified parent or guardian, (iii)
24 adoption, (iv) successor guardianship, (v) long-term relative
25 foster care, (vi) other long-term substitute care, when no
26 other goal is appropriate, or (vii) emancipation.
27 (11.2) "Permanency review hearing" means a hearing to
28 review and determine (i) the appropriateness of the
29 permanency goal in light of the permanency alternatives, (ii)
30 the appropriateness of the plan to achieve the goal, (iii)
31 the appropriateness of the services delivered and to be
32 delivered to effectuate the plan and goal, and (iv) the
33 efforts being made by all the parties to achieve the plan and
34 goal.
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1 (12) Petition. "Petition" means the petition provided
2 for in Section 2-13, 3-15, 4-12 or 5-13, including any
3 supplemental petitions thereunder.
4 (13) Residual parental rights and responsibilities.
5 "Residual parental rights and responsibilities" means those
6 rights and responsibilities remaining with the parent after
7 the transfer of legal custody or guardianship of the person,
8 including, but not necessarily limited to, the right to
9 reasonable visitation (which may be limited by the court in
10 the best interests of the minor as provided in subsection
11 (8)(b) of this Section), the right to consent to adoption,
12 the right to determine the minor's religious affiliation, and
13 the responsibility for his support.
14 (14) Shelter. "Shelter" means the temporary care of a
15 minor in physically unrestricting facilities pending court
16 disposition or execution of court order for placement.
17 (15) Station adjustment. "Station adjustment" means the
18 informal handling of an alleged offender by a juvenile police
19 officer.
20 (16) Ward of the court. "Ward of the court" means a
21 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
22 5-22, after a finding of the requisite jurisdictional facts,
23 and thus is subject to the dispositional powers of the court
24 under this Act.
25 (17) Juvenile police officer. "Juvenile police officer"
26 means a sworn police officer who has completed a Basic
27 Recruit Training Course, has been assigned to the position of
28 juvenile police officer by his or her chief law enforcement
29 officer and has completed the necessary juvenile officers
30 training as prescribed by the Illinois Law Enforcement
31 Training Standards Board, or in the case of a State police
32 officer, juvenile officer training approved by the Director
33 of the Department of State Police.
34 (Source: P.A. 88-7, Sec. 5; 88-7, Sec. 15; 88-487; 88-586,
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1 eff. 8-12-94; 88-670, eff. 12-2-94.)
2 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
3 Sec. 1-8. Confidentiality and accessibility of juvenile
4 court records.
5 (A) Inspection and copying of juvenile court records
6 relating to a minor who is the subject of a proceeding under
7 this Act shall be restricted to the following:
8 (1) The minor who is the subject of record, his
9 parents, guardian and counsel.
10 (2) Law enforcement officers and law enforcement
11 agencies when such information is essential to executing
12 an arrest or search warrant or other compulsory process,
13 or to conducting an ongoing investigation or relating to
14 a minor who has been adjudicated delinquent and there has
15 been a previous finding that the act which constitutes
16 the previous offense was committed in furtherance of
17 criminal activities by a criminal street gang.
18 Before July 1, 1994, for the purposes of this
19 Section, "criminal street gang" means any ongoing
20 organization, association, or group of 3 or more persons,
21 whether formal or informal, having as one of its primary
22 activities the commission of one or more criminal acts
23 and that has a common name or common identifying sign,
24 symbol or specific color apparel displayed, and whose
25 members individually or collectively engage in or have
26 engaged in a pattern of criminal activity.
27 Beginning July 1, 1994, for purposes of this
28 Section, "criminal street gang" has the meaning ascribed
29 to it in Section 10 of the Illinois Streetgang Terrorism
30 Omnibus Prevention Act.
31 (3) Judges, hearing officers, prosecutors,
32 probation officers, social workers or other individuals
33 assigned by the court to conduct a pre-adjudication or
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1 predisposition investigation, and individuals responsible
2 for supervising or providing temporary or permanent care
3 and custody for minors pursuant to the order of the
4 juvenile court when essential to performing their
5 responsibilities.
6 (4) Judges, prosecutors and probation officers:
7 (a) in the course of a trial when institution
8 of criminal proceedings has been permitted under
9 Section 5-4 or required under Section 5-4; or
10 (b) when criminal proceedings have been
11 permitted under Section 5-4 or required under
12 Section 5-4 and a minor is the subject of a
13 proceeding to determine the amount of bail; or
14 (c) when criminal proceedings have been
15 permitted under Section 5-4 or required under
16 Section 5-4 and a minor is the subject of a
17 pre-trial investigation, pre-sentence investigation
18 or fitness hearing, or proceedings on an application
19 for probation; or
20 (d) when a minor becomes 17 years of age or
21 older, and is the subject of criminal proceedings,
22 including a hearing to determine the amount of bail,
23 a pre-trial investigation, a pre-sentence
24 investigation, a fitness hearing, or proceedings on
25 an application for probation.
26 (5) Adult and Juvenile Prisoner Review Boards.
27 (6) Authorized military personnel.
28 (7) Victims, their subrogees and legal
29 representatives; however, such persons shall have access
30 only to the name and address of the minor and information
31 pertaining to the disposition or alternative adjustment
32 plan of the juvenile court.
33 (8) Persons engaged in bona fide research, with the
34 permission of the presiding judge of the juvenile court
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1 and the chief executive of the agency that prepared the
2 particular records; provided that publication of such
3 research results in no disclosure of a minor's identity
4 and protects the confidentiality of the record.
5 (9) The Secretary of State to whom the Clerk of the
6 Court shall report the disposition of all cases, as
7 required in Section 6-204 of The Illinois Vehicle Code.
8 However, information reported relative to these offenses
9 shall be privileged and available only to the Secretary
10 of State, courts, and police officers.
11 (10) The administrator of a bonafide substance
12 abuse student assistance program with the permission of
13 the presiding judge of the juvenile court.
14 (B) A minor who is the victim in a juvenile proceeding
15 shall be provided the same confidentiality regarding
16 disclosure of identity as the minor who is the subject of
17 record.
18 (C) Except as otherwise provided in this subsection (C),
19 juvenile court records shall not be made available to the
20 general public but may be inspected by representatives of
21 agencies, associations and news media or other properly
22 interested persons by general or special order of the court.
23 The State's Attorney, the minor, his parents, guardian and
24 counsel shall at all times have the right to examine court
25 files and records.
26 (1) The court shall allow the general public to
27 have access to the name, address, and offense of a minor
28 who is adjudicated a delinquent minor under this Act
29 under either of the following circumstances:
30 (A) The adjudication of delinquency was based
31 upon the minor's commission of first degree murder,
32 attempt to commit first degree murder, aggravated
33 criminal sexual assault, or criminal sexual assault;
34 or
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1 (B) The court has made a finding that the
2 minor was at least 13 years of age at the time the
3 act was committed and the adjudication of
4 delinquency was based upon the minor's commission
5 of: (i) an act in furtherance of the commission of a
6 felony as a member of or on behalf of a criminal
7 street gang, (ii) an act involving the use of a
8 firearm in the commission of a felony, (iii) an act
9 that would be a Class X felony offense under or the
10 minor's second or subsequent Class 2 or greater
11 felony offense under the Cannabis Control Act if
12 committed by an adult, (iv) an act that would be a
13 second or subsequent offense under Section 402 of
14 the Illinois Controlled Substances Act if committed
15 by an adult, or (v) an act that would be an offense
16 under Section 401 of the Illinois Controlled
17 Substances Act if committed by an adult.
18 (2) The court shall allow the general public to
19 have access to the name, address, and offense of a minor
20 who is at least 13 years of age at the time the offense
21 is committed and who is convicted, in criminal
22 proceedings permitted or required under Section 5-4,
23 under either of the following circumstances:
24 (A) The minor has been convicted of first
25 degree murder, attempt to commit first degree
26 murder, aggravated criminal sexual assault, or
27 criminal sexual assault,
28 (B) The court has made a finding that the
29 minor was at least 13 years of age at the time the
30 offense was committed and the conviction was based
31 upon the minor's commission of: (i) an offense in
32 furtherance of the commission of a felony as a
33 member of or on behalf of a criminal street gang,
34 (ii) an offense involving the use of a firearm in
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1 the commission of a felony, (iii) a Class X felony
2 offense under or a second or subsequent Class 2 or
3 greater felony offense under the Cannabis Control
4 Act, (iv) a second or subsequent offense under
5 Section 402 of the Illinois Controlled Substances
6 Act, or (v) an offense under Section 401 of the
7 Illinois Controlled Substances Act.
8 (D) Pending or following any adjudication of delinquency
9 for any offense defined in Sections 12-13 through 12-16 of
10 the Criminal Code of 1961, the victim of any such offense
11 shall receive the rights set out in Sections 4 and 6 of the
12 Bill of Rights for Victims and Witnesses of Violent Crime
13 Act; and the juvenile who is the subject of the adjudication,
14 notwithstanding any other provision of this Act, shall be
15 treated as an adult for the purpose of affording such rights
16 to the victim.
17 (E) Nothing in this Section shall affect the right of a
18 Civil Service Commission or appointing authority examining
19 the character and fitness of an applicant for a position as a
20 law enforcement officer to ascertain whether that applicant
21 was ever adjudicated to be a delinquent minor and, if so, to
22 examine the records of disposition or evidence which were
23 made in proceedings under this Act.
24 (F) Following any adjudication of delinquency for a
25 crime which would be a felony if committed by an adult, or
26 following any adjudication of delinquency for a violation of
27 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
28 1961, the State's Attorney shall ascertain whether the minor
29 respondent is enrolled in school and, if so, shall provide a
30 copy of the dispositional order to the principal or chief
31 administrative officer of the school. Access to such
32 juvenile records shall be limited to the principal or chief
33 administrative officer of the school and any guidance
34 counselor designated by him.
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1 (G) Nothing contained in this Act prevents the sharing
2 or disclosure of information or records relating or
3 pertaining to juveniles subject to the provisions of the
4 Serious Habitual Offender Comprehensive Action Program when
5 that information is used to assist in the early
6 identification and treatment of habitual juvenile offenders.
7 (H) When a Court hearing a proceeding under Article II
8 of this Act becomes aware that an earlier proceeding under
9 Article II had been heard in a different county, that Court
10 shall request, and the Court in which the earlier proceedings
11 were initiated shall transmit, an authenticated copy of the
12 Court record, including all documents, petitions, and orders
13 filed therein and the minute orders, transcript of
14 proceedings, and docket entries of the Court.
15 (I) The Clerk of the Circuit Court shall report to the
16 Department of State Police, in the form and manner required
17 by the Department of State Police, the final disposition of
18 each minor who has been arrested or taken into custody before
19 his or her 17th birthday for those offenses required to be
20 reported under Section 5 of the Criminal Identification Act.
21 Information reported to the Department under this Section may
22 be maintained with records that the Department files under
23 Section 2.1 of the Criminal Identification Act.
24 (Source: P.A. 88-45; 88-51; 88-344; 88-467; 88-548, eff.
25 1-1-95; 88-550, eff. 7-3-94; 88-614, eff. 9-7-94; 88-670,
26 eff. 12-2-94; 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
27 89-377, eff. 8-18-95; 89-626, eff. 8-9-96.)
28 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
29 Sec. 2-10. Temporary custody hearing. At the appearance
30 of the minor before the court at the temporary custody
31 hearing, all witnesses present shall be examined before the
32 court in relation to any matter connected with the
33 allegations made in the petition.
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1 (1) If the court finds that there is not probable cause
2 to believe that the minor is abused, neglected or dependent
3 it shall release the minor and dismiss the petition.
4 (2) If the court finds that there is probable cause to
5 believe that the minor is abused, neglected or dependent, the
6 court shall state in writing the factual basis supporting its
7 finding and the minor, his or her parent, guardian, custodian
8 and other persons able to give relevant testimony shall be
9 examined before the court. The Department of Children and
10 Family Services shall give testimony concerning indicated
11 reports of abuse and neglect, of which they are aware of
12 through the central registry, involving the minor's parent,
13 guardian or custodian. After such testimony, the court may,
14 if it is in the best interests of the minor, enter an order
15 that the minor shall be released upon the request of parent,
16 guardian or custodian if the parent, guardian or custodian
17 appears to take custody. Custodian shall include any agency
18 of the State which has been given custody or wardship of the
19 child. If it is in the best interests of the minor, the court
20 may also prescribe shelter care and order that the minor be
21 kept in a suitable place designated by the court or in a
22 shelter care facility designated by the Department of
23 Children and Family Services or a licensed child welfare
24 agency; however, a minor charged with a criminal offense
25 under the Criminal Code of 1961 or adjudicated delinquent
26 shall not be placed in the custody of or committed to the
27 Department of Children and Family Services by any court,
28 except a minor less than 13 years of age and committed to the
29 Department of Children and Family Services under Section 5-23
30 of this Act or a minor for whom an independent basis of
31 abuse, neglect, or dependency exists, which must be defined
32 by departmental rule. In placing the minor, the Department or
33 other agency shall, to the extent compatible with the court's
34 order, comply with Section 7 of the Children and Family
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1 Services Act. In determining that it is in the best interests
2 of the minor to prescribe shelter care, the court must find
3 that it is a matter of immediate and urgent necessity for the
4 protection of the minor or of the person or property of
5 another that the minor be placed in a shelter care facility
6 or that he or she is likely to flee the jurisdiction of the
7 court, and must further find that reasonable efforts have
8 been made or that, in the best interests of the minor, no
9 efforts reasonably can be made to prevent or eliminate the
10 necessity of removal of the minor from his or her home. The
11 court shall require documentation from the Department of
12 Children and Family Services as to the reasonable efforts
13 that were made to prevent or eliminate the necessity of
14 removal of the minor from his or her home or the reasons why
15 no efforts reasonably could be made to prevent or eliminate
16 the necessity of removal. When a minor is placed in the home
17 of a relative, the Department of Children and Family Services
18 shall complete a preliminary background review of the members
19 of the minor's custodian's household in accordance with
20 Section 4.3 of the Child Care Act of 1969 within 90 days of
21 that placement. If the minor is ordered placed in a shelter
22 care facility of the Department of Children and Family
23 Services or a licensed child welfare agency, the court shall,
24 upon request of the appropriate Department or other agency,
25 appoint the Department of Children and Family Services
26 Guardianship Administrator or other appropriate agency
27 executive temporary custodian of the minor and the court may
28 enter such other orders related to the temporary custody as
29 it deems fit and proper, including the provision of services
30 to the minor or his family to ameliorate the causes
31 contributing to the finding of probable cause or to the
32 finding of the existence of immediate and urgent necessity.
33 Acceptance of services shall not be considered an admission
34 of any allegation in a petition made pursuant to this Act,
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1 nor may a referral of services be considered as evidence in
2 any proceeding pursuant to this Act, except where the issue
3 is whether the Department has made reasonable efforts to
4 reunite the family. In making its findings that it is in the
5 best interests of the minor to prescribe shelter care, the
6 court shall state in writing (i) the factual basis supporting
7 its findings concerning the immediate and urgent necessity
8 for the protection of the minor or of the person or property
9 of another and (ii) the factual basis supporting its findings
10 that reasonable efforts were made to prevent or eliminate the
11 removal of the minor from his or her home or that no efforts
12 reasonably could be made to prevent or eliminate the removal
13 of the minor from his or her home. The parents, guardian,
14 custodian, temporary custodian and minor shall each be
15 furnished a copy of such written findings. The temporary
16 custodian shall maintain a copy of the court order and
17 written findings in the case record for the child. The order
18 together with the court's findings of fact in support thereof
19 shall be entered of record in the court.
20 Once the court finds that it is a matter of immediate and
21 urgent necessity for the protection of the minor that the
22 minor be placed in a shelter care facility, the minor shall
23 not be returned to the parent, custodian or guardian until
24 the court finds that such placement is no longer necessary
25 for the protection of the minor.
26 (3) If prior to the shelter care hearing for a minor
27 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
28 is unable to serve notice on the party respondent, the
29 shelter care hearing may proceed ex-parte. A shelter care
30 order from an ex-parte hearing shall be endorsed with the
31 date and hour of issuance and shall be filed with the clerk's
32 office and entered of record. The order shall expire after 10
33 days from the time it is issued unless before its expiration
34 it is renewed, at a hearing upon appearance of the party
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1 respondent, or upon an affidavit of the moving party as to
2 all diligent efforts to notify the party respondent by notice
3 as herein prescribed. The notice prescribed shall be in
4 writing and shall be personally delivered to the minor or the
5 minor's attorney and to the last known address of the other
6 person or persons entitled to notice. The notice shall also
7 state the nature of the allegations, the nature of the order
8 sought by the State, including whether temporary custody is
9 sought, and the consequences of failure to appear; and shall
10 explain the right of the parties and the procedures to vacate
11 or modify a shelter care order as provided in this Section.
12 The notice for a shelter care hearing shall be substantially
13 as follows:
14 NOTICE TO PARENTS AND CHILDREN
15 OF SHELTER CARE HEARING
16 On ................ at ........., before the
17 Honorable ................, (address:) .................,
18 the State of Illinois will present evidence (1) that
19 (name of child or children) ....................... are
20 abused, neglected or dependent for the following reasons:
21 .............................................. and (2)
22 that there is "immediate and urgent necessity" to remove
23 the child or children from the responsible relative.
24 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
25 PLACEMENT of the child or children in foster care until a
26 trial can be held. A trial may not be held for up to 90
27 days.
28 At the shelter care hearing, parents have the
29 following rights:
30 1. To ask the court to appoint a lawyer if
31 they cannot afford one.
32 2. To ask the court to continue the hearing to
33 allow them time to prepare.
34 3. To present evidence concerning:
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1 a. Whether or not the child or children
2 were abused, neglected or dependent.
3 b. Whether or not there is "immediate and
4 urgent necessity" to remove the child from home
5 (including: their ability to care for the
6 child, conditions in the home, alternative
7 means of protecting the child other than
8 removal).
9 c. The best interests of the child.
10 4. To cross examine the State's witnesses.
11 The Notice for rehearings shall be substantially as
12 follows:
13 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
14 TO REHEARING ON TEMPORARY CUSTODY
15 If you were not present at and did not have adequate
16 notice of the Shelter Care Hearing at which temporary
17 custody of ............... was awarded to
18 ................, you have the right to request a full
19 rehearing on whether the State should have temporary
20 custody of ................. To request this rehearing,
21 you must file with the Clerk of the Juvenile Court
22 (address): ........................, in person or by
23 mailing a statement (affidavit) setting forth the
24 following:
25 1. That you were not present at the shelter
26 care hearing.
27 2. That you did not get adequate notice
28 (explaining how the notice was inadequate).
29 3. Your signature.
30 4. Signature must be notarized.
31 The rehearing should be scheduled within 48 hours
32 one day of your filing this affidavit.
33 At the rehearing, your rights are the same as at the
34 initial shelter care hearing. The enclosed notice
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1 explains those rights.
2 At the Shelter Care Hearing, children have the
3 following rights:
4 1. To have a guardian ad litem appointed.
5 2. To be declared competent as a witness and
6 to present testimony concerning:
7 a. Whether they are abused, neglected or
8 dependent.
9 b. Whether there is "immediate and urgent
10 necessity" to be removed from home.
11 c. Their best interests.
12 3. To cross examine witnesses for other
13 parties.
14 4. To obtain an explanation of any proceedings
15 and orders of the court.
16 (4) If the parent, guardian, legal custodian,
17 responsible relative, minor age 8 or over, or counsel of the
18 minor did not have actual notice of or was not present at the
19 shelter care hearing, he or she may file an affidavit setting
20 forth these facts, and the clerk shall set the matter for
21 rehearing not later than 48 hours, excluding Sundays and
22 legal holidays, after the filing of the affidavit. At the
23 rehearing, the court shall proceed in the same manner as upon
24 the original hearing.
25 (5) Only when there is reasonable cause to believe that
26 the minor taken into custody is a person described in Section
27 5-3 may the minor be kept or detained in a detention home or
28 county or municipal jail. This Section shall in no way be
29 construed to limit subsection (6).
30 (6) No minor under 16 years of age may be confined in a
31 jail or place ordinarily used for the confinement of
32 prisoners in a police station. Minors under 17 years of age
33 must be kept separate from confined adults and may not at any
34 time be kept in the same cell, room, or yard with adults
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1 confined pursuant to the criminal law.
2 (7) If the minor is not brought before a judicial
3 officer within the time period as specified in Section 2-9,
4 the minor must immediately be released from custody.
5 (8) If neither the parent, guardian or custodian appears
6 within 24 hours to take custody of a minor released upon
7 request pursuant to subsection (2) of this Section, then the
8 clerk of the court shall set the matter for rehearing not
9 later than 7 days after the original order and shall issue a
10 summons directed to the parent, guardian or custodian to
11 appear. At the same time the probation department shall
12 prepare a report on the minor. If a parent, guardian or
13 custodian does not appear at such rehearing, the judge may
14 enter an order prescribing that the minor be kept in a
15 suitable place designated by the Department of Children and
16 Family Services or a licensed child welfare agency.
17 (9) Notwithstanding any other provision of this Section
18 any interested party, including the State, the temporary
19 custodian, an agency providing services to the minor or
20 family under a service plan pursuant to Section 8.2 of the
21 Abused and Neglected Child Reporting Act, foster parent, or
22 any of their representatives, on notice to all parties
23 entitled to notice, may file a motion that it is in the best
24 interests of the minor to modify or vacate a temporary
25 custody order on any of the following grounds:
26 (a) It is no longer a matter of immediate and
27 urgent necessity that the minor remain in shelter care;
28 or
29 (b) There is a material change in the circumstances
30 of the natural family from which the minor was removed;
31 or
32 (c) A person not a party to the alleged abuse,
33 neglect or dependency, including a parent, relative or
34 legal guardian, is capable of assuming temporary custody
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1 of the minor; or
2 (d) Services provided by the Department of Children
3 and Family Services or a child welfare agency or other
4 service provider have been successful in eliminating the
5 need for temporary custody.
6 In ruling on the motion, the court shall determine
7 whether it is in the best interests of the minor to modify or
8 vacate a temporary custody order.
9 The clerk shall set the matter for hearing not later than
10 14 days after such motion is filed. In the event that the
11 court modifies or vacates a temporary custody order but does
12 not vacate its finding of probable cause, the court may order
13 that appropriate services be continued or initiated in behalf
14 of the minor and his or her family.
15 (10) When the court finds or has found that there is
16 probable cause to believe a minor is an abused minor as
17 described in subsection (2) of Section 2-3 and that there is
18 an immediate and urgent necessity for the abused minor to be
19 placed in shelter care, immediate and urgent necessity shall
20 be presumed for any other minor residing in the same
21 household as the abused minor provided:
22 (a) Such other minor is the subject of an abuse or
23 neglect petition pending before the court; and
24 (b) A party to the petition is seeking shelter care
25 for such other minor.
26 Once the presumption of immediate and urgent necessity
27 has been raised, the burden of demonstrating the lack of
28 immediate and urgent necessity shall be on any party that is
29 opposing shelter care for the other minor.
30 (Source: P.A. 88-7; 88-491; 88-614, eff. 9-7-94; 88-670, eff.
31 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-582, eff. 1-1-97;
32 89-626, eff. 8-9-96.)
33 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
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1 Sec. 2-22. Dispositional hearing; evidence; continuance.
2 (1) At the dispositional hearing, the court shall
3 determine whether it is in the best interests of the minor
4 and the public that he be made a ward of the court, and, if
5 he is to be made a ward of the court, the court shall
6 determine the proper disposition best serving the interests
7 of the minor and the public. The court also shall consider
8 the permanency goal set for the minor, the nature of the
9 service plan for the minor and the services delivered and to
10 be delivered under the plan. All evidence helpful in
11 determining these questions, including oral and written
12 reports, may be admitted and may be relied upon to the extent
13 of its probative value, even though not competent for the
14 purposes of the adjudicatory hearing.
15 (2) Notice in compliance with Sections 2-15 and 2-16
16 must be given to all parties-respondent prior to proceeding
17 to a dispositional hearing. Before making an order of
18 disposition the court shall advise the State's Attorney, the
19 parents, guardian, custodian or responsible relative or their
20 counsel of the factual contents and the conclusions of the
21 reports prepared for the use of the court and considered by
22 it, and afford fair opportunity, if requested, to controvert
23 them. The court may order, however, that the documents
24 containing such reports need not be submitted to inspection,
25 or that sources of confidential information need not be
26 disclosed except to the attorneys for the parties. Factual
27 contents, conclusions, documents and sources disclosed by the
28 court under this paragraph shall not be further disclosed
29 without the express approval of the court pursuant to an in
30 camera hearing.
31 (3) A record of a prior continuance under supervision
32 under Section 2-20, whether successfully completed or not, is
33 admissible at the dispositional hearing.
34 (4) On its own motion or that of the State's Attorney, a
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1 parent, guardian, custodian, responsible relative or counsel,
2 the court may adjourn the hearing for a reasonable period to
3 receive reports or other evidence, if the adjournment is in
4 the best interests of the minor, but in no event shall
5 continuances be granted so that the dispositional hearing
6 occurs more than 12 months after the initial removal of a
7 minor from his or her home. In scheduling investigations and
8 hearings, the court shall give priority to proceedings in
9 which a minor has been removed from his or her home before an
10 order of disposition has been made.
11 (5) Unless already set by the court, at the conclusion
12 of the dispositional hearing, the court shall set the date
13 for the first permanency hearing, to be conducted under
14 subsection (2) of Section 2-28 or subsection (c) of Section
15 2-28.01, which shall be held no later than 16 months after
16 the minor is taken into temporary custody or in counties with
17 a population over 3,000,000, no later than 12 months after
18 the minor is taken into temporary custody.
19 (Source: P.A. 88-7; 88-487; 88-670, eff. 12-2-94; 89-17, eff.
20 5-31-95.)
21 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
22 Sec. 2-28. Court review in counties with a population
23 under 3,000,000.
24 (0.5) This Section applies in counties with a population
25 under 3,000,000.
26 (1) The court may require any legal custodian or
27 guardian of the person appointed under this Act to report
28 periodically to the court or may cite him into court and
29 require him or his agency, to make a full and accurate report
30 of his or its doings in behalf of the minor. The custodian
31 or guardian, within 10 days after such citation, shall make
32 the report, either in writing verified by affidavit or orally
33 under oath in open court, or otherwise as the court directs.
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1 Upon the hearing of the report the court may remove the
2 custodian or guardian and appoint another in his stead or
3 restore the minor to the custody of his parents or former
4 guardian or custodian. However, custody of the minor shall
5 not be restored to any parent, guardian or legal custodian in
6 any case in which the minor is found to be neglected or
7 abused under Section 2-3 of this Act, unless it is in the
8 best interests of the minor, and if such neglect or abuse is
9 found by the court under paragraph (2) of Section 2-21 of
10 this Act to be the result of physical abuse inflicted on the
11 minor by such parent, guardian or legal custodian, until such
12 time as an investigation is made as provided in paragraph (5)
13 and a hearing is held on the issue of the fitness of such
14 parent, guardian or legal custodian to care for the minor and
15 the court enters an order that such parent, guardian or legal
16 custodian is fit to care for the minor.
17 (2) Permanency hearings shall be conducted by the court,
18 or by hearing officers appointed or approved by the court in
19 the manner set forth in Section 2-28.1 of this Act.
20 Permanency hearings shall be held every 12 months or more
21 frequently if necessary in the court's determination
22 following the initial permanency hearing, in accordance with
23 the standards set forth in this Section, until the court
24 determines that the plan and goal have been achieved. Once
25 the plan and goal have been achieved, if the minor remains in
26 substitute care, the case shall be reviewed at least every 12
27 months thereafter, subject to the provisions of this Section.
28 Notice in compliance with Sections 2-15 and 2-16 must
29 have been given to all parties-respondent before proceeding
30 to a permanency hearing.
31 The public agency that is the custodian or guardian of
32 the minor, or another agency responsible for the minor's
33 care, shall ensure that all parties to the permanency
34 hearings are provided a copy of the most recent service plan
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1 prepared within the prior 6 months at least 14 days in
2 advance of the hearing. If not contained in the plan, the
3 agency shall also include a report setting forth (i) any
4 special physical, psychological, educational, medical,
5 emotional, or other needs of the minor or his or her family
6 that are relevant to a permanency or placement determination
7 and (ii) for any minor age 16 or over, a written description
8 of the programs and services that will enable the minor to
9 prepare for independent living. If a permanency review
10 hearing has not previously been scheduled by the court, the
11 moving party shall move for the setting of a permanency
12 hearing and the entry of an order within the time frames set
13 forth in this subsection.
14 At the permanency hearing, the court shall determine the
15 future status of the child. The court shall review (i) the
16 appropriateness of the permanency goal, (ii) the
17 appropriateness of the plan to achieve the goal, (iii) the
18 appropriateness of the services contained in the plan and
19 whether those services have been provided, (iv) whether
20 reasonable efforts have been made by all the parties to the
21 service plan to achieve the goal, and (v) whether the plan
22 and goal have been achieved. All evidence relevant to
23 determining these questions, including oral and written
24 reports, may be admitted and may be relied on to the extent
25 of their probative value.
26 In reviewing the permanency goal and the most recent
27 service plan prepared within the prior 6 months, the standard
28 of review to be employed by the court shall be whether the
29 Department of Children and Family Services, in setting the
30 permanency goal and the service plan, abused its discretion
31 in light of the best interests of the child, the permanency
32 alternatives, and the facts in the individual case.
33 If the plan and goal are found to be appropriate and to
34 have been achieved, the court shall enter orders that are
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1 necessary to conform the minor's legal custody and status to
2 those findings.
3 If, after receiving evidence, the court determines that
4 the Department of Children and Family Services abused its
5 discretion in identifying services contained in the plan that
6 are not reasonably calculated to facilitate achievement of
7 the permanency goal, the court shall put in writing the
8 factual basis supporting the determination and enter specific
9 findings based on the evidence. The court also shall enter
10 an order for the Department to develop and implement a new
11 service plan or to implement changes to the current service
12 plan consistent with the court's findings. The new service
13 plan shall be filed with the court and served on all parties
14 within 45 days of the date of the order. The court shall
15 continue the matter until the new service plan is filed.
16 Unless otherwise specifically authorized by law, the court is
17 not empowered under this subsection (2) or under subsection
18 (3) to order specific placements, specific services, or
19 specific service providers to be included in the plan.
20 If, after receiving evidence, the court determines that
21 the Department of Children and Family Services abused its
22 discretion in setting a permanency goal that is not in the
23 best interests of the minor, the court shall enter specific
24 findings in writing based on the evidence. The court also
25 shall enter an order for the Department to set a new
26 permanency goal and to develop and implement a new service
27 plan that is consistent with the court's findings. The new
28 service plan shall be filed with the court and served on all
29 parties within 45 days of the date of the order. The court
30 shall continue the matter until the new service plan is
31 filed.
32 A guardian or custodian appointed by the court pursuant
33 to this Act shall file updated case plans with the court
34 every 6 months.
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1 Rights of wards of the court under this Act are
2 enforceable against any public agency by complaints for
3 relief by mandamus filed in any proceedings brought under
4 this Act.
5 (3) Following the permanency hearing, the court shall
6 enter an order setting forth the following determinations in
7 writing:
8 (a) The future status of the minor, including but
9 not limited to whether the minor should be returned to
10 the parent, should be continued in the care of the
11 Department of Children and Family Services or other
12 agency for a specified period, should be placed for
13 adoption, should be emancipated, or should (because of
14 the minor's special needs or circumstances) be continued
15 in the care of the Department of Children and Family
16 Services or other agency on a permanent or long-term
17 basis, and any orders necessary to conform the minor's
18 legal custody and status to such determination; or
19 (b) if the future status of the minor cannot be
20 achieved immediately, the specific reasons for continuing
21 the minor in the care of the Department of Children and
22 Family Services or other agency for short term placement,
23 and the following determinations:
24 (i) Whether the permanency goal is in the best
25 interests of the minor, or whether the Department of
26 Children and Family Services abused its discretion
27 in setting a goal that is not in the best interests
28 of the minor.
29 (ii) Whether the services required by the
30 court and by any service plan prepared within the
31 prior 6 months have been provided and (A) if so,
32 whether the services were reasonably calculated to
33 facilitate the achievement of the permanency goal or
34 (B) if not provided, why the services were not
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1 provided.
2 (iii) Whether the minor's placement is
3 necessary, and appropriate to the plan and goal,
4 recognizing the right of minors to the least
5 restrictive (most family-like) setting available and
6 in close proximity to the parents' home consistent
7 with the best interest and special needs of the
8 minor and, if the minor is placed out-of-State,
9 whether the out-of-State placement continues to be
10 appropriate and in the best interest of the minor.
11 (iv) Whether, because of any of the findings
12 under subparagraphs (i) through (iii), the
13 Department of Children and Family Services should be
14 ordered to set a new permanency goal or develop and
15 implement a new service plan consistent with such
16 findings.
17 (v) Whether any orders to effectuate the
18 completion of a plan or goal are necessary,
19 including conforming the minor's custody or status
20 to a goal being achieved.
21 Any order entered pursuant to this subsection (3) shall
22 be immediately appealable as a matter of right under Supreme
23 Court Rule 304(b)(1).
24 (4) The minor or any person interested in the minor may
25 apply to the court for a change in custody of the minor and
26 the appointment of a new custodian or guardian of the person
27 or for the restoration of the minor to the custody of his
28 parents or former guardian or custodian. However, custody of
29 the minor shall not be restored to any parent, guardian or
30 legal custodian in any case in which the minor is found to be
31 neglected or abused under Section 2-3 of this Act, unless it
32 is in the best interest of the minor, and if such neglect or
33 abuse is found by the court under paragraph (2) of Section
34 2-21 of this Act to be the result of physical abuse inflicted
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1 on the minor by such parent, guardian or legal custodian,
2 until such time as an investigation is made as provided in
3 paragraph (4) and a hearing is held on the issue of the
4 fitness of such parent, guardian or legal custodian to care
5 for the minor and the court enters an order that such parent,
6 guardian or legal custodian is fit to care for the minor. In
7 the event that the minor has attained 18 years of age and the
8 guardian or custodian petitions the court for an order
9 terminating his guardianship or custody, guardianship or
10 custody shall terminate automatically 30 days after the
11 receipt of the petition unless the court orders otherwise.
12 No legal custodian or guardian of the person may be removed
13 without his consent until given notice and an opportunity to
14 be heard by the court.
15 (5) Whenever a parent, guardian, or legal custodian
16 petitions for restoration of custody of the minor, and the
17 minor was adjudicated neglected or abused as a result of
18 physical abuse, the court shall cause to be made an
19 investigation as to whether the petitioner has ever been
20 charged with or convicted of any criminal offense which would
21 indicate the likelihood of any further physical abuse to the
22 minor. Evidence of such criminal convictions shall be taken
23 into account in determining fitness of the parent, guardian,
24 or legal custodian.
25 (a) Any agency of this State or any subdivision
26 thereof shall co-operate with the agent of the court in
27 providing any information sought in the investigation.
28 (b) The information derived from the investigation
29 and any conclusions or recommendations derived from the
30 information shall be provided to the parent, guardian, or
31 legal custodian seeking restoration of custody prior to
32 the hearing on fitness and the petitioner shall have an
33 opportunity at the hearing to refute the information or
34 contest its significance.
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1 (c) All information obtained from any investigation
2 shall be confidential as provided in Section 1-10 of this
3 Act.
4 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
5 12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
6 eff. 8-9-96.)
7 (705 ILCS 405/2-28.01 new)
8 Sec. 2-28.01. Court review in counties with a population
9 of 3,000,000 or more.
10 (a) This Section applies in counties with a population
11 of 3,000,000 or more.
12 (b) The court may require any legal custodian or
13 guardian of the person appointed under this Act to report
14 periodically to the court or may cite him or her into court
15 and require him or her, or his or her agency, to make a full
16 and accurate report of his or her or its doings in behalf of
17 the minor. The custodian or guardian, within 10 days after
18 the citation, shall make the report, either in writing
19 verified by affidavit or orally under oath in open court, or
20 otherwise as the court directs. Upon the hearing of the
21 report, the court may remove the custodian or guardian and
22 appoint another in his or her stead or restore the minor to
23 the custody of his or her parents or former guardian or
24 custodian. However, custody of the minor shall not be
25 restored to any parent, guardian, or legal custodian in any
26 case in which the minor is found to be neglected or abused
27 under Section 2-3 of this Act, unless it is in the best
28 interests of the minor, and if the neglect or abuse is found
29 by the court under paragraph (2) of Section 2-21 of this Act
30 to be the result of physical abuse inflicted on the minor by
31 the parent, guardian, or legal custodian, until such time as
32 an investigation is made as provided in paragraph (g) of this
33 Section and a hearing is held on the issue of the fitness of
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1 the parent, guardian, or legal custodian to care for the
2 minor and the court enters an order that the parent,
3 guardian, or legal custodian is fit to care for the minor.
4 (c) The first permanency hearing shall be conducted by a
5 judge. Subsequent permanency hearings may be heard by a
6 judge or by a hearing officer appointed or approved by the
7 court in the manner set forth in Section 2-28.1 of this Act.
8 The initial hearing shall be held within 12 months from the
9 date temporary custody was taken. Permanency hearings shall
10 be held every 6 months or more frequently if necessary in the
11 court's determination following the initial permanency
12 hearing, in accordance with the standards set forth in this
13 Section, until the court determines that the plan and goal
14 have been achieved. Once the plan and goal have been
15 achieved, if the minor remains in substitute care, the case
16 shall be reviewed at least every 6 months thereafter, subject
17 to the provisions of this Section, unless the minor is placed
18 in the guardianship of a suitable relative or other person
19 and the court determines further monitoring by the court does
20 not further the best interest of the child and that this is a
21 stable permanent placement. The permanency hearings must
22 occur within the time frames set forth in this subsection and
23 may not be delayed in anticipation of a report from any
24 source, or due to the agency's failure to timely file its
25 written report (this written report means the one required
26 under the next paragraph and does not mean the service plan
27 also referred to in that paragraph).
28 (1) The public agency that is the custodian or
29 guardian of the minor, or another agency responsible for
30 the minor's care, shall ensure that all parties to the
31 permanency hearings are provided a copy of the most
32 recent service plan prepared within the prior 6 months at
33 least 14 days in advance of the hearing. If not
34 contained in the plan, the agency shall also include a
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1 report setting forth (i) any special physical,
2 psychological, educational, medical, emotional, or other
3 needs of the minor or his or her family that are relevant
4 to a permanency or placement determination and (ii) for
5 any minor age 16 years or over, a written description of
6 the programs and services that will enable the minor to
7 prepare for independent living. If a permanency review
8 hearing has not previously been scheduled by the court,
9 the moving party shall move for the setting of a
10 permanency hearing and the entry of an order within the
11 time frames set forth in this subsection (c).
12 (2) At the permanency hearing, the court shall
13 determine the future status of the child. The court
14 shall set one of the following permanency goals:
15 (A) The minor will be returned home by a specific
16 date within 5 months.
17 (B) (1) The minor will be in short-term care with a
18 continued goal to return home within a period not to
19 exceed one year, when the progress of the parent or
20 parents is substantial giving particular consideration to
21 the age and individual needs of the minor, or
22 (2) if the permanency hearing is held less
23 than 9 months after adjudication and the court finds
24 that the parent or parents have not made substantial
25 progress the court may:
26 (i) make a finding regarding reasonable
27 progress or efforts at that point;
28 (ii) when appropriate identify what
29 actions the parent or the Department of
30 Children and Family Services must take in order
31 to justify a finding of reasonable efforts and
32 reasonable progress; and
33 (iii) enter an order continuing the
34 permanency hearing to a date not earlier than 9
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1 months from the date of the adjudication nor
2 later than 11 months from the date of the
3 adjudication.
4 (C) The minor will be in substitute care pending
5 court determination on termination of parental rights.
6 (D) Adoption, provided that parental rights have
7 been terminated or relinquished.
8 (E) The guardianship of the minor will be
9 transferred to an individual or couple on a permanent
10 basis provided that goals (A) through (D) have been ruled
11 out.
12 (F) The minor over age 12 will be in substitute
13 care pending independence.
14 (G) The minor will be in substitute care because he
15 or she cannot be provided for in a home environment due
16 to developmental disabilities or mental illness or
17 because he or she is a danger to self or others, provided
18 that goals (A) through (D) have been ruled out.
19 In selecting any permanency goal, the court shall
20 indicate in writing the reasons the goal was selected and why
21 the preceding goals were ruled out. If the court has selected
22 a permanency goal other than (A) or (B) the Department of
23 Children and Family Services shall not provide further
24 reunification services, but shall provide services consistent
25 with the goal selected.
26 The court shall consider the following factors when
27 setting the permanency goal:
28 (i) Age of the child.
29 (ii) Options available for permanence.
30 (iii) Current placement of the child and the intent
31 of the family regarding adoption.
32 (iv) Emotional, physical, and mental status or
33 condition of the child.
34 (v) Types of services previously offered and
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1 whether or not the services were successful and, if not
2 successful, the reasons the services failed.
3 (vi) Availability of services currently needed and
4 whether the services exist.
5 (vii) Status of siblings of the minor.
6 (3) The court shall consider (i) the permanency goal
7 contained in the case plan, (ii) the appropriateness of the
8 services contained in the plan and whether those services
9 have been provided, (iii) whether reasonable efforts have
10 been made by all the parties to the service plan to achieve
11 the goal, and (iv) whether the plan and goal have been
12 achieved.
13 (4) All evidence relevant to determining these
14 questions, including oral and written reports, may be
15 admitted and may be relied on to the extent of their
16 probative value.
17 (d) If the goal has been achieved, the court shall enter
18 orders that are necessary to conform the minor's legal
19 custody and status to those findings.
20 If, after receiving evidence, the court determines that
21 the services contained in the plan are not reasonably
22 calculated to facilitate achievement of the permanency goal,
23 the court shall put in writing the factual basis supporting
24 the determination and enter specific findings based on the
25 evidence. The court also shall enter an order for the
26 Department to develop and implement a new service plan or to
27 implement changes to the current service plan consistent with
28 the court's findings. The new service plan shall be filed
29 with the court and served on all parties within 45 days after
30 the date of the order. The court shall continue the matter
31 until the new service plan is filed. Unless otherwise
32 specifically authorized by law, the court is not empowered
33 under this subsection (d) or under subsection (c) or (e) to
34 order specific placements, specific services, or specific
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1 service providers to be included in the plan.
2 A guardian or custodian appointed by the court pursuant
3 to this Act shall file updated case plans with the court
4 every 6 months.
5 Rights of wards of the court under this Act are
6 enforceable against any public agency by complaints for
7 relief by mandamus filed in any proceedings brought under
8 this Act.
9 (e) Following the permanency hearing, the court shall
10 enter an order setting forth the following determinations in
11 writing:
12 (1) The future status of the minor, including the
13 permanency goal, and any orders necessary to conform the
14 minor's legal custody and status to the determination; or
15 (2) if the permanency goal of the minor cannot be
16 achieved immediately, the specific reasons for continuing
17 the minor in the care of the Department of Children and
18 Family Services or other agency for short term placement,
19 and the following determinations:
20 (A) Whether the services required by the court
21 and by any service plan prepared within the prior 6
22 months have been provided and (i) if so, whether the
23 services were reasonably calculated to facilitate
24 the achievement of the permanency goal or (ii) if
25 not provided, why the services were not provided.
26 (B) Whether the minor's placement is
27 necessary, and appropriate to the plan and goal,
28 recognizing the right of minors to the least
29 restrictive (most family-like) setting available and
30 in close proximity to the parents' home consistent
31 with the best interest and special needs of the
32 minor and, if the minor is placed out-of-State,
33 whether the out-of-State placement continues to be
34 appropriate and in the best interest of the minor.
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1 Any order entered pursuant to this subsection (e) shall
2 be immediately appealable as a matter of right under Supreme
3 Court Rule 304(b)(1).
4 (f) The minor or any person interested in the minor may
5 apply to the court for a change in custody of the minor and
6 the appointment of a new custodian or guardian of the person
7 or for the restoration of the minor to the custody of his or
8 her parents or former guardian or custodian. However,
9 custody of the minor shall not be restored to any parent,
10 guardian, or legal custodian in any case in which the minor
11 is found to be neglected or abused under Section 2-3 of this
12 Act, unless it is in the best interest of the minor, and if
13 the neglect or abuse is found by the court under paragraph
14 (2) of Section 2-21 of this Act to be the result of physical
15 abuse inflicted on the minor by the parent, guardian, or
16 legal custodian, until such time as an investigation is made
17 as provided in paragraph (g) and a hearing is held on the
18 issue of the fitness of the parent, guardian, or legal
19 custodian to care for the minor and the court enters an order
20 that the parent, guardian, or legal custodian is fit to care
21 for the minor. In the event that the minor has attained 18
22 years of age and the guardian or custodian petitions the
23 court for an order terminating his or her guardianship or
24 custody, guardianship or custody shall terminate
25 automatically 30 days after the receipt of the petition
26 unless the court orders otherwise. No legal custodian or
27 guardian of the person may be removed without his or her
28 consent until given notice and an opportunity to be heard by
29 the court.
30 (g) Whenever a parent, guardian, or legal custodian
31 petitions for restoration of custody of the minor, and the
32 minor was adjudicated neglected or abused as a result of
33 physical abuse, the court shall cause to be made an
34 investigation as to whether the petitioner has ever been
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1 charged with or convicted of any criminal offense that would
2 indicate the likelihood of any further physical abuse to the
3 minor. Evidence of these criminal convictions shall be taken
4 into account in determining fitness of the parent, guardian,
5 or legal custodian.
6 (1) Any agency of this State or any subdivision of
7 the State shall cooperate with the agent of the court in
8 providing any information sought in the investigation.
9 (2) The information derived from the investigation
10 and any conclusions or recommendations derived from the
11 information shall be provided to the parent, guardian, or
12 legal custodian seeking restoration of custody prior to
13 the hearing on fitness and the petitioner shall have an
14 opportunity at the hearing to refute the information or
15 contest its significance.
16 (3) All information obtained from any investigation
17 shall be confidential as provided in Section 1-10 of this
18 Act.
19 (705 ILCS 405/2-28.1)
20 Sec. 2-28.1. Permanency hearings; before hearing
21 officers.
22 (a) The chief judge of the circuit court may appoint
23 hearing officers to conduct the permanency hearings set forth
24 in subsection (2) of Section 2-28 or subsection (c) of
25 Section 2-28.01 of this Act, in accordance with the
26 provisions of this Section. The hearing officers shall be
27 attorneys with at least 3 years experience in child abuse and
28 neglect or permanency planning, and in counties with a
29 population of 3,000,000 or more, admitted to practice for at
30 least 7 years., Once trained by the court, hearing officers
31 shall be authorized to do the following:
32 (1) Conduct a fair and impartial hearing in which
33 the strict rules of evidence need not apply.
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1 (2) Summon and compel the attendance of witnesses.
2 (3) Administer the oath or affirmation and take
3 testimony under oath or affirmation.
4 (4) Require the production of evidence relevant to
5 the permanency hearing to be conducted. That evidence
6 may include, but need not be limited to case plans,
7 social histories, medical and psychological evaluations,
8 child placement histories, visitation records, and other
9 documents and writings applicable to those items.
10 (5) Rule on the admissibility of evidence using the
11 standard applied at a dispositional hearing under Section
12 2-22 of this Act or other information.
13 (6) When necessary, cause notices to be issued
14 requiring parties, the public agency that is custodian or
15 guardian of the minor, or another agency responsible for
16 the minor's care to appear either before the hearing
17 officer or in court.
18 (7) Analyze the evidence presented to the hearing
19 officer and prepare written recommended orders, including
20 findings of fact, based on the evidence.
21 (8) Prior to the hearing, conduct any pre-hearings
22 that may be necessary.
23 (9) Conduct in camera interviews with children when
24 requested by a child or the child's guardian ad litem.
25 In counties with a population of 3,000,000 or more,
26 hearing officers shall also be authorized to do the
27 following:
28 (1) Accept specific consents for adoption or
29 surrenders of parental rights from a parent or parents.
30 (2) Conduct hearings on the progress made toward
31 the permanency goal set for the minor.
32 (3) Perform other duties as assigned by the court.
33 (b) The hearing officer shall consider evidence and
34 conduct the permanency hearings as set forth in subsections
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1 (2) and (3) of Section 2-28 or subsection (c) of Section
2 2-28.01 of this Act in accordance with the standards set
3 forth therein. The hearing officer shall assure that a
4 verbatim record of the proceedings is made and retained for a
5 period of 12 months or until the next permanency hearing,
6 whichever date is later, and shall direct to the clerk of the
7 court preserve all documents and evidence for the record to
8 be made part of the court file. The hearing officer shall
9 inform the participants of their individual rights and
10 responsibilities. The hearing officer shall identify the
11 issues to be reviewed under subsection (2) of Section 2-28 or
12 subsection (c) of Section 2-28.01, consider all relevant
13 facts, and receive or request any additional information
14 necessary to make recommendations to the court. If a party
15 fails to appear at the hearing, the hearing officer may
16 proceed to the permanency hearing with the parties present at
17 the hearing. The hearing officer shall specifically note for
18 the court the absence of any parties. If all parties are
19 present at the permanency hearing, and the parties and the
20 Department are in agreement that the service plan and
21 permanency goal are appropriate or are in agreement that the
22 permanency goal for the child has been achieved, the hearing
23 officer shall prepare a recommended order, including findings
24 of fact, to be submitted to the court, and all parties and
25 the Department shall sign the recommended order at the time
26 of the hearing. The recommended order will then be submitted
27 to the court for its immediate consideration and the entry of
28 an appropriate order.
29 The court may enter an order consistent with the
30 recommended order without further hearing or notice to the
31 parties, may refer the matter to the hearing officer for
32 further proceedings, or may hold such additional hearings as
33 the court deems necessary. All parties present at the
34 hearing and the Department shall be tendered a copy of the
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1 court's order at the conclusion of the hearing.
2 (c) If one or more parties are not present at the
3 permanency hearing, or any party or the Department of
4 Children and Family Services objects to the hearing officer's
5 recommended order, including any findings of fact, the
6 hearing officer shall set the matter for a judicial
7 determination within 30 days of the permanency hearing for
8 the entry of the recommended order or for receipt of the
9 parties' objections. Any objections shall identify the
10 specific findings or recommendations that are contested, the
11 basis for the objections, and the evidence or applicable law
12 supporting the objection. The hearing officer shall mail a
13 copy of the recommended order to any non-attending parties,
14 together with a notice of the date and place of the judicial
15 determination and the right of the parties to present at that
16 time objections consistent with this subsection. The
17 recommended order and its contents may not be disclosed to
18 anyone other than the parties and the Department or other
19 agency unless otherwise specifically ordered by a judge of
20 the court.
21 Following the receipt of objections consistent with this
22 subsection from any party or the Department of Children and
23 Family Services to the hearing officer's recommended orders,
24 the court shall make a judicial determination of those
25 portions of the order to which objections were made, and
26 shall enter an appropriate order. The court may refuse to
27 review any objections that fail to meet the requirements of
28 this subsection.
29 (d) The following are judicial functions and shall be
30 performed only by a circuit judge or associate judge:
31 (1) Review of the recommended orders of the hearing
32 officer and entry of orders the court deems appropriate.
33 (2) Conduct of judicial hearings on all pre-hearing
34 motions and other matters that require a court order and
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1 entry of orders as the court deems appropriate.
2 (3) Conduct of judicial determinations on all
3 matters in which the parties or the Department of
4 Children and Family Services disagree with the hearing
5 officer's recommended orders under subsection (3).
6 (4) Issuance of rules to show cause, conduct of
7 contempt proceedings, and imposition of appropriate
8 sanctions or relief.
9 (Source: P.A. 89-17, eff. 5-31-95.)
10 Section 99. Effective date. This Act takes effect
11 September 1, 1997.