State of Illinois
92nd General Assembly

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[ Introduced ][ Senate Amendment 001 ]


SB747 Engrossed                                LRB9202908ARsb

 1        AN ACT in relation to children.

 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 Section 1-3 as follows:

 6        (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
 7        Sec.  1-3.  Definitions.   Terms used in this Act, unless
 8    the context otherwise requires, have the  following  meanings
 9    ascribed to them:
10        (1)  "Adjudicatory  hearing" means a hearing to determine
11    whether the allegations of a  petition  under  Section  2-13,
12    3-15  or  4-12  that a minor under 18 years of age is abused,
13    neglected   or   dependent,   or    requires    authoritative
14    intervention,  or  addicted, respectively, are supported by a
15    preponderance of the evidence or whether the allegations of a
16    petition under Section 5-520 that a minor is  delinquent  are
17    proved beyond a reasonable doubt.
18        (2)  "Adult" means a person 21 years of age or older.
19        (3)  "Agency"  means  a  public  or  private  child  care
20    facility  legally  authorized  or  licensed by this State for
21    placement or institutional care or  for  both  placement  and
22    institutional care.
23        (4)  "Association"  means  any  organization,  public  or
24    private,  engaged in welfare functions which include services
25    to or on behalf of children but does not include "agency"  as
26    herein defined.
27        (4.05)    Whenever  a  "best  interest"  determination is
28    required, the following factors shall be  considered  in  the
29    context of the child's age and developmental needs:
30        (a)  the  physical  safety  and  welfare  of  the  child,
31    including food, shelter, health, and clothing;
SB747 Engrossed             -2-                LRB9202908ARsb
 1        (b)  the development of the child's identity;
 2        (c)  the child's background and ties, including familial,
 3    cultural, and religious;
 4        (d)  the child's sense of attachments, including:
 5             (i)  where    the   child   actually   feels   love,
 6        attachment, and a sense of being valued  (as  opposed  to
 7        where  adults  believe  the  child should feel such love,
 8        attachment, and a sense of being valued);
 9             (ii)  the child's sense of security;
10             (iii)  the child's sense of familiarity;
11             (iv)  continuity of affection for the child;
12             (v)  the least disruptive placement alternative  for
13        the child;
14        (e)  the child's wishes and long-term goals;
15        (f)  the   child's   community  ties,  including  church,
16    school, and friends;
17        (g)  the child's need for permanence which  includes  the
18    child's  need  for  stability and continuity of relationships
19    with parent figures and with siblings and other relatives;
20        (g-5)  the child's  need  to  be  adopted  by  a  married
21    couple;
22        (h)  the uniqueness of every family and child;
23        (i)  the   risks  attendant  to  entering  and  being  in
24    substitute care; and
25        (j)  the preferences of the persons available to care for
26    the child.
27        (4.1)    "Chronic  truant"  shall  have  the   definition
28    ascribed to it in Section 26-2a of the School Code.
29        (5)  "Court"  means  the  circuit  court  in a session or
30    division assigned to hear proceedings under this Act.
31        (6)  "Dispositional hearing" means a hearing to determine
32    whether a minor should be adjudged to be a ward of the court,
33    and to determine what order of disposition should be made  in
34    respect to a minor adjudged to be a ward of the court.
SB747 Engrossed             -3-                LRB9202908ARsb
 1        (7)   "Emancipated minor" means any minor 16 years of age
 2    or  over  who  has  been  completely or partially emancipated
 3    under the "Emancipation of Mature Minors Act", enacted by the
 4    Eighty-First General Assembly, or under this Act.
 5        (8)  "Guardianship of the person" of a  minor  means  the
 6    duty and authority to act in the best interests of the minor,
 7    subject  to residual parental rights and responsibilities, to
 8    make important decisions in matters having a permanent effect
 9    on the life and development of the minor and to be  concerned
10    with  his  or  her  general  welfare.  It includes but is not
11    necessarily limited to:
12             (a)  the  authority  to  consent  to  marriage,   to
13        enlistment  in  the armed forces of the United States, or
14        to a major medical, psychiatric, and surgical  treatment;
15        to  represent  the  minor  in  legal actions; and to make
16        other  decisions  of   substantial   legal   significance
17        concerning the minor;
18             (b)  the    authority   and   duty   of   reasonable
19        visitation, except to the extent  that  these  have  been
20        limited  in  the  best  interests  of  the minor by court
21        order;
22             (c)  the  rights  and  responsibilities   of   legal
23        custody  except  where  legal  custody has been vested in
24        another person or agency; and
25             (d)  the power to consent to  the  adoption  of  the
26        minor, but only if expressly conferred on the guardian in
27        accordance with Section 2-29, 3-30, or 4-27.
28        (9)  "Legal custody" means the relationship created by an
29    order  of  court  in  the  best  interests of the minor which
30    imposes on  the  custodian  the  responsibility  of  physical
31    possession  of  a  minor  and  the duty to protect, train and
32    discipline  him  and  to  provide  him  with  food,  shelter,
33    education and ordinary medical  care,  except  as  these  are
34    limited  by residual parental rights and responsibilities and
SB747 Engrossed             -4-                LRB9202908ARsb
 1    the rights  and  responsibilities  of  the  guardian  of  the
 2    person, if any.
 3        (10)  "Minor"  means  a  person under the age of 21 years
 4    subject to this Act.
 5        (11)  "Parent" means the father or mother of a child  and
 6    includes  any  adoptive  parent.   It also includes a man (i)
 7    whose paternity is presumed or has been established under the
 8    law  of  this  or  another  jurisdiction  or  (ii)  who   has
 9    registered  with  the  Putative Father Registry in accordance
10    with Section 12.1 of the Adoption Act and whose paternity has
11    not  been  ruled  out  under  the  law  of  this  or  another
12    jurisdiction.  It does not include a parent whose  rights  in
13    respect  to  the  minor  have  been  terminated in any manner
14    provided by law.
15        (11.1)  "Permanency goal" means a goal set by  the  court
16    as defined in subdivision (2) of Section 2-28.
17        (11.2)  "Permanency  hearing"  means a hearing to set the
18    permanency  goal  and  to  review  and  determine   (i)   the
19    appropriateness  of  the  services  contained in the plan and
20    whether those  services  have  been  provided,  (ii)  whether
21    reasonable  efforts  have been made by all the parties to the
22    service plan to achieve the goal, and (iii) whether the  plan
23    and goal have been achieved.
24        (12)  "Petition"  means  the  petition  provided  for  in
25    Section 2-13, 3-15, 4-12 or 5-520, including any supplemental
26    petitions thereunder in Section 3-15, 4-12 or 5-520.
27        (13)  "Residual  parental  rights  and  responsibilities"
28    means  those  rights  and responsibilities remaining with the
29    parent after the transfer of legal custody or guardianship of
30    the person, including, but not necessarily  limited  to,  the
31    right  to  reasonable visitation (which may be limited by the
32    court in the best interests  of  the  minor  as  provided  in
33    subsection  (8)(b)  of this Section), the right to consent to
34    adoption,  the  right  to  determine  the  minor's  religious
SB747 Engrossed             -5-                LRB9202908ARsb
 1    affiliation, and the responsibility for his support.
 2        (14)  "Shelter" means the temporary care of  a  minor  in
 3    physically unrestricting facilities pending court disposition
 4    or execution of court order for placement.
 5        (15)    "Station  adjustment" means the informal handling
 6    of an alleged offender by a juvenile police officer.
 7        (16)  "Ward of  the  court"  means  a  minor  who  is  so
 8    adjudged  under  Section  2-22,  3-23, 4-20 or 5-705, after a
 9    finding of the requisite jurisdictional facts,  and  thus  is
10    subject  to  the dispositional powers of the court under this
11    Act.
12        (17)  "Juvenile police  officer"  means  a  sworn  police
13    officer  who  has  completed a Basic Recruit Training Course,
14    has been assigned to the position of juvenile police  officer
15    by his or her chief law enforcement officer and has completed
16    the necessary juvenile officers training as prescribed by the
17    Illinois  Law Enforcement Training Standards Board, or in the
18    case of a State police  officer,  juvenile  officer  training
19    approved by the Director of the Department of State Police.
20        (18)  "Secure  child  care facility" means any child care
21    facility licensed by the Department of  Children  and  Family
22    Services  to  provide secure living arrangements for children
23    under 18 years  of  age  who  are  subject  to  placement  in
24    facilities under the Children and Family Services Act and who
25    are not subject to placement in facilities for whom standards
26    are  established  by  the  Department  of  Corrections  under
27    Section  3-15-2  of  the Unified Code of Corrections. "Secure
28    child care facility" also means a facility that  is  designed
29    and  operated to ensure that all entrances and exits from the
30    facility, a building, or a distinct part of the building  are
31    under  the  exclusive  control  of the staff of the facility,
32    whether or not the child has the freedom of  movement  within
33    the  perimeter of the facility, building, or distinct part of
34    the building.
SB747 Engrossed             -6-                LRB9202908ARsb
 1    (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-590,
 2    eff. 1-1-99; 90-608,  eff.  6-30-98;  90-655,  eff.  7-30-98;
 3    91-357, eff. 7-29-99.)

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