State of Illinois
92nd General Assembly

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 1                    AMENDMENT TO SENATE BILL 747

 2        AMENDMENT NO.     .  Amend Senate Bill 747  by  replacing
 3    the title with the following:
 4        "AN ACT in relation to children."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Juvenile Court Act of 1987 is amended by
 8    changing Section 1-3 as follows:

 9        (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
10        Sec. 1-3. Definitions.  Terms used in  this  Act,  unless
11    the  context  otherwise requires, have the following meanings
12    ascribed to them:
13        (1)  "Adjudicatory hearing" means a hearing to  determine
14    whether  the  allegations  of  a petition under Section 2-13,
15    3-15 or 4-12 that a minor under 18 years of  age  is  abused,
16    neglected    or    dependent,   or   requires   authoritative
17    intervention, or addicted, respectively, are supported  by  a
18    preponderance of the evidence or whether the allegations of a
19    petition  under  Section 5-520 that a minor is delinquent are
20    proved beyond a reasonable doubt.
21        (2)  "Adult" means a person 21 years of age or older.
                            -2-            LRB9202908DJgcam02
 1        (3)  "Agency"  means  a  public  or  private  child  care
 2    facility legally authorized or licensed  by  this  State  for
 3    placement  or  institutional  care  or for both placement and
 4    institutional care.
 5        (4)  "Association"  means  any  organization,  public  or
 6    private, engaged in welfare functions which include  services
 7    to  or on behalf of children but does not include "agency" as
 8    herein defined.
 9        (4.05)   Whenever  a  "best  interest"  determination  is
10    required,  the  following  factors shall be considered in the
11    context of the child's age and developmental needs:
12        (a)  the  physical  safety  and  welfare  of  the  child,
13    including food, shelter, health, and clothing;
14        (b)  the development of the child's identity;
15        (c)  the child's background and ties, including familial,
16    cultural, and religious;
17        (d)  the child's sense of attachments, including:
18             (i)  where   the   child   actually   feels    love,
19        attachment,  and  a  sense of being valued (as opposed to
20        where adults believe the child  should  feel  such  love,
21        attachment, and a sense of being valued);
22             (ii)  the child's sense of security;
23             (iii)  the child's sense of familiarity;
24             (iv)  continuity of affection for the child;
25             (v)  the  least disruptive placement alternative for
26        the child;
27        (e)  the child's wishes and long-term goals;
28        (f)  the  child's  community  ties,   including   church,
29    school, and friends;
30        (g)  the  child's  need for permanence which includes the
31    child's need for stability and  continuity  of  relationships
32    with parent figures and with siblings and other relatives;
33        (g-5)  the  child's  need  to  be  adopted  by  a married
34    couple;
                            -3-            LRB9202908DJgcam02
 1        (h)  the uniqueness of every family and child;
 2        (i)  the  risks  attendant  to  entering  and  being   in
 3    substitute care; and
 4        (j)  the preferences of the persons available to care for
 5    the child.
 6        (4.1)     "Chronic  truant"  shall  have  the  definition
 7    ascribed to it in Section 26-2a of the School Code.
 8        (5)  "Court" means the circuit  court  in  a  session  or
 9    division assigned to hear proceedings under this Act.
10        (6)  "Dispositional hearing" means a hearing to determine
11    whether a minor should be adjudged to be a ward of the court,
12    and  to determine what order of disposition should be made in
13    respect to a minor adjudged to be a ward of the court.
14        (7)   "Emancipated minor" means any minor 16 years of age
15    or over who has  been  completely  or  partially  emancipated
16    under the "Emancipation of Mature Minors Act", enacted by the
17    Eighty-First General Assembly, or under this Act.
18        (8)  "Guardianship  of  the  person" of a minor means the
19    duty and authority to act in the best interests of the minor,
20    subject to residual parental rights and responsibilities,  to
21    make important decisions in matters having a permanent effect
22    on  the life and development of the minor and to be concerned
23    with his or her general  welfare.  It  includes  but  is  not
24    necessarily limited to:
25             (a)  the   authority  to  consent  to  marriage,  to
26        enlistment in the armed forces of the United  States,  or
27        to  a major medical, psychiatric, and surgical treatment;
28        to represent the minor in  legal  actions;  and  to  make
29        other   decisions   of   substantial  legal  significance
30        concerning the minor;
31             (b)  the   authority   and   duty   of    reasonable
32        visitation,  except  to  the  extent that these have been
33        limited in the best  interests  of  the  minor  by  court
34        order;
                            -4-            LRB9202908DJgcam02
 1             (c)  the   rights   and  responsibilities  of  legal
 2        custody except where legal custody  has  been  vested  in
 3        another person or agency; and
 4             (d)  the  power  to  consent  to the adoption of the
 5        minor, but only if expressly conferred on the guardian in
 6        accordance with Section 2-29, 3-30, or 4-27.
 7        (9)  "Legal custody" means the relationship created by an
 8    order of court in the  best  interests  of  the  minor  which
 9    imposes  on  the  custodian  the  responsibility  of physical
10    possession of a minor and the  duty  to  protect,  train  and
11    discipline  him  and  to  provide  him  with  food,  shelter,
12    education  and  ordinary  medical  care,  except as these are
13    limited by residual parental rights and responsibilities  and
14    the  rights  and  responsibilities  of  the  guardian  of the
15    person, if any.
16        (10)  "Minor" means a person under the age  of  21  years
17    subject to this Act.
18        (11)  "Parent"  means the father or mother of a child and
19    includes any adoptive parent.  It also  includes  a  man  (i)
20    whose paternity is presumed or has been established under the
21    law   of  this  or  another  jurisdiction  or  (ii)  who  has
22    registered with the Putative Father  Registry  in  accordance
23    with Section 12.1 of the Adoption Act and whose paternity has
24    not  been  ruled  out  under  the  law  of  this  or  another
25    jurisdiction.   It  does not include a parent whose rights in
26    respect to the minor  have  been  terminated  in  any  manner
27    provided by law.
28        (11.1)  "Permanency  goal"  means a goal set by the court
29    as defined in subdivision (2) of Section 2-28.
30        (11.2)  "Permanency hearing" means a hearing to  set  the
31    permanency   goal   and  to  review  and  determine  (i)  the
32    appropriateness of the services contained  in  the  plan  and
33    whether  those  services  have  been  provided,  (ii) whether
34    reasonable efforts have been made by all the parties  to  the
                            -5-            LRB9202908DJgcam02
 1    service  plan to achieve the goal, and (iii) whether the plan
 2    and goal have been achieved.
 3        (12)  "Petition"  means  the  petition  provided  for  in
 4    Section 2-13, 3-15, 4-12 or 5-520, including any supplemental
 5    petitions thereunder in Section 3-15, 4-12 or 5-520.
 6        (13)  "Residual  parental  rights  and  responsibilities"
 7    means those rights and responsibilities  remaining  with  the
 8    parent after the transfer of legal custody or guardianship of
 9    the  person,  including,  but not necessarily limited to, the
10    right to reasonable visitation (which may be limited  by  the
11    court  in  the  best  interests  of  the minor as provided in
12    subsection (8)(b) of this Section), the right to  consent  to
13    adoption,  the  right  to  determine  the  minor's  religious
14    affiliation, and the responsibility for his support.
15        (14)  "Shelter"  means  the  temporary care of a minor in
16    physically unrestricting facilities pending court disposition
17    or execution of court order for placement.
18        (15)   "Station adjustment" means the  informal  handling
19    of an alleged offender by a juvenile police officer.
20        (16)  "Ward  of  the  court"  means  a  minor  who  is so
21    adjudged under Section 2-22, 3-23, 4-20  or  5-705,  after  a
22    finding  of  the  requisite jurisdictional facts, and thus is
23    subject to the dispositional powers of the court  under  this
24    Act.
25        (17)  "Juvenile  police  officer"  means  a  sworn police
26    officer who has completed a Basic  Recruit  Training  Course,
27    has  been assigned to the position of juvenile police officer
28    by his or her chief law enforcement officer and has completed
29    the necessary juvenile officers training as prescribed by the
30    Illinois Law Enforcement Training Standards Board, or in  the
31    case  of  a  State  police officer, juvenile officer training
32    approved by the Director of the Department of State Police.
33        (18)  "Secure child care facility" means any  child  care
34    facility  licensed  by  the Department of Children and Family
                            -6-            LRB9202908DJgcam02
 1    Services to provide secure living arrangements  for  children
 2    under  18  years  of  age  who  are  subject  to placement in
 3    facilities under the Children and Family Services Act and who
 4    are not subject to placement in facilities for whom standards
 5    are  established  by  the  Department  of  Corrections  under
 6    Section 3-15-2 of the Unified Code  of  Corrections.  "Secure
 7    child  care  facility" also means a facility that is designed
 8    and operated to ensure that all entrances and exits from  the
 9    facility,  a building, or a distinct part of the building are
10    under the exclusive control of the  staff  of  the  facility,
11    whether  or  not the child has the freedom of movement within
12    the perimeter of the facility, building, or distinct part  of
13    the building.
14    (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-590,
15    eff.  1-1-99;  90-608,  eff.  6-30-98;  90-655, eff. 7-30-98;
16    91-357, eff. 7-29-99.)".

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