Public Act 102-0193 Public Act 0193 102ND GENERAL ASSEMBLY |
Public Act 102-0193 | HB1068 Enrolled | LRB102 03081 LNS 13094 b |
|
| AN ACT concerning courts.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Juvenile Court Act of 1987 is amended by | changing Section 2-28 as follows:
| (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| Sec. 2-28. Court review.
| (1) The court may require any legal custodian or guardian | of the person
appointed under this Act to report periodically | to the court or may cite
him into court and require him or his | agency, to make a full and
accurate report of his or its doings | in behalf of the minor. The
custodian or guardian, within 10 | days after such citation, or earlier if the court determines | it to be necessary to protect the health, safety, or welfare of | the minor, shall make
the report, either in writing verified | by affidavit or orally under oath
in open court, or otherwise | as the court directs. Upon the hearing of
the report the court | may remove the custodian or guardian and appoint
another in | his stead or restore the minor to the custody of his parents
or | former guardian or custodian. However, custody of the minor | shall
not be restored to any parent, guardian or legal | custodian in any case
in which the minor is found to be | neglected or abused under Section 2-3 or
dependent under |
| Section 2-4 of this
Act, unless the minor can be cared for at | home without endangering the
minor's health or safety and it | is in the best interests of the minor, and
if such neglect,
| abuse, or dependency is found by the court under paragraph (1)
| of Section 2-21 of
this Act to have come about due to the acts | or omissions or both of such
parent, guardian
or legal | custodian, until such time as an investigation is made as | provided in
paragraph (5) and a hearing is held on the issue of | the fitness of such parent,
guardian or legal custodian to | care for the minor and the court enters an order
that such | parent, guardian or legal custodian is fit to care for the | minor.
| (1.5) The public agency that is the custodian or guardian | of the minor shall file a written report with the court no | later than 15 days after a minor in the agency's care remains: | (1) in a shelter placement beyond 30 days; | (2) in a psychiatric hospital past the time when the | minor is clinically ready for discharge or beyond medical | necessity for the minor's health; or | (3) in a detention center or Department of Juvenile | Justice facility solely because the public agency cannot | find an appropriate placement for the minor. | The report shall explain the steps the agency is taking to | ensure the minor is placed appropriately, how the minor's | needs are being met in the minor's shelter placement, and if a | future placement has been identified by the Department, why |
| the anticipated placement is appropriate for the needs of the | minor and the anticipated placement date. | (1.6) Within 35 days after placing a child in its care in a | qualified residential treatment program, as defined by the | federal Social Security Act, the Department of Children and | Family Services shall file a written report with the court and | send copies of the report to all parties. Within 20 days of the | filing of the report, the court shall hold a hearing to | consider the Department's report and determine whether | placement of the child in a qualified residential treatment | program provides the most effective and appropriate level of | care for the child in the least restrictive environment and if | the placement is consistent with the short-term and long-term | goals for the child, as specified in the permanency plan for | the child. The court shall approve or disapprove the | placement. If applicable, the requirements of Sections 2-27.1 | and 2-27.2 must also be met.
The Department's written report | and the court's written determination shall be included in and | made part of the case plan for the child. If the child remains | placed in a qualified residential treatment program, the | Department shall submit evidence at each status and permanency | hearing: | (1) demonstrating that on-going assessment of the | strengths and needs of the child continues to support the | determination that the child's needs cannot be met through | placement in a foster family home, that the placement |
| provides the most effective and appropriate level of care | for the child in the least restrictive, appropriate | environment, and that the placement is consistent with the | short-term and long-term permanency goal for the child, as | specified in the permanency plan for the child; | (2) documenting the specific treatment or service | needs that should be met for the child in the placement and | the length of time the child is expected to need the | treatment or services; and | (3) the efforts made by the agency to prepare the | child to return home or to be placed with a fit and willing | relative, a legal guardian, or an adoptive parent, or in a | foster family home. | (2) The first permanency hearing shall be
conducted by the | judge. Subsequent permanency hearings may be
heard by a judge | or by hearing officers appointed or approved by the court in
| the manner set forth in Section 2-28.1 of this Act.
The initial | hearing shall be held (a) within 12 months from the date
| temporary
custody was taken, regardless of whether an | adjudication or dispositional hearing has been completed | within that time frame, (b) if the parental rights of both | parents have been
terminated in accordance with the procedure | described in subsection (5) of
Section 2-21, within
30 days of | the order for termination of parental rights and appointment | of
a guardian with power to consent to adoption, or (c) in | accordance with
subsection
(2) of Section 2-13.1. Subsequent |
| permanency hearings
shall be held every 6 months
or more | frequently if necessary in the court's determination following | the
initial permanency hearing, in accordance with the | standards set forth in this
Section, until the court | determines that the plan and goal have been achieved.
Once the | plan and goal have been achieved, if the minor remains in | substitute
care, the case shall be reviewed at least every 6 | months thereafter, subject to
the provisions of this Section, | unless the minor is placed in the guardianship
of a suitable | relative or other person and the court determines that further
| monitoring by the court does not further the health, safety or | best interest of
the child and that this is a stable permanent | placement.
The permanency hearings must occur within the time | frames set forth in this
subsection and may not be delayed in | anticipation of a report from any source or due to the agency's | failure to timely file its written report (this
written report | means the one required under the next paragraph and does not
| mean the service plan also referred to in that paragraph).
| The public agency that is the custodian or guardian of the | minor, or another
agency responsible for the minor's care, | shall ensure that all parties to the
permanency hearings are | provided a copy of the most recent
service plan prepared | within the prior 6 months
at least 14 days in advance of the | hearing. If not contained in the agency's service plan, the
| agency shall also include a report setting forth (i) any | special
physical, psychological, educational, medical, |
| emotional, or other needs of the
minor or his or her family | that are relevant to a permanency or placement
determination | and (ii) for any minor age 16 or over, a written description of
| the programs and services that will enable the minor to | prepare for independent
living. If not contained in the | agency's service plan, the agency's report shall specify if a | minor is placed in a licensed child care facility under a | corrective plan by the Department due to concerns impacting | the minor's safety and well-being. The report shall explain | the steps the Department is taking to ensure the safety and | well-being of the minor and that the minor's needs are met in | the facility. The agency's written report must detail what | progress or lack of
progress the parent has made in correcting | the conditions requiring the child
to be in care; whether the | child can be returned home without jeopardizing the
child's | health, safety, and welfare, and if not, what permanency goal | is
recommended to be in the best interests of the child, and | why the other
permanency goals are not appropriate. The | caseworker must appear and testify
at the permanency hearing. | If a permanency hearing has not previously been
scheduled by | the court, the moving party shall move for the setting of a
| permanency hearing and the entry of an order within the time | frames set forth
in this subsection.
| At the permanency hearing, the court shall determine the | future status
of the child. The court shall set one of the | following permanency goals:
|
| (A) The minor will be returned home by a specific date | within 5
months.
| (B) The minor will be in short-term care with a
| continued goal to return home within a period not to | exceed one
year, where the progress of the parent or | parents is substantial giving
particular consideration to | the age and individual needs of the minor.
| (B-1) The minor will be in short-term care with a | continued goal to return
home pending a status hearing. | When the court finds that a parent has not made
reasonable | efforts or reasonable progress to date, the court shall | identify
what actions the parent and the Department must | take in order to justify a
finding of reasonable efforts | or reasonable progress and shall set a status
hearing to | be held not earlier than 9 months from the date of | adjudication nor
later than 11 months from the date of | adjudication during which the parent's
progress will again | be reviewed.
| (C) The minor will be in substitute care pending court
| determination on termination of parental rights.
| (D) Adoption, provided that parental rights have been | terminated or
relinquished.
| (E) The guardianship of the minor will be transferred | to an individual or
couple on a permanent basis provided | that goals (A) through (D) have
been deemed inappropriate | and not in the child's best interests. The court shall |
| confirm that the Department has discussed adoption, if | appropriate, and guardianship with the caregiver prior to | changing a goal to guardianship ruled out .
| (F) The minor over age 15 will be in substitute care | pending
independence. In selecting this permanency goal, | the Department of Children and Family Services may provide | services to enable reunification and to strengthen the | minor's connections with family, fictive kin, and other | responsible adults, provided the services are in the | minor's best interest. The services shall be documented in | the service plan.
| (G) The minor will be in substitute care because he or | she cannot be
provided for in a home environment due to | developmental
disabilities or mental illness or because he | or she is a danger to self or
others, provided that goals | (A) through (D) have been deemed inappropriate and not in | the child's best interests ruled out .
| In selecting any permanency goal, the court shall indicate | in writing the
reasons the goal was selected and why the | preceding goals were deemed inappropriate and not in the | child's best interest ruled out .
Where the court has selected | a permanency goal other than (A), (B), or (B-1),
the
| Department of Children and Family Services shall not provide | further
reunification services, except as provided in | paragraph (F) of this subsection (2), but shall provide | services
consistent with the goal
selected.
|
| (H) Notwithstanding any other provision in this | Section, the court may select the goal of continuing | foster care as a permanency goal if: | (1) The Department of Children and Family Services | has custody and guardianship of the minor; | (2) The court has deemed ruled out all other | permanency goals inappropriate based on the child's | best interest;
| (3) The court has found compelling reasons, based | on written documentation reviewed by the court, to | place the minor in continuing foster care. Compelling | reasons include:
| (a) the child does not wish to be adopted or to | be placed in the guardianship of his or her | relative or foster care placement;
| (b) the child exhibits an extreme level of | need such that the removal of the child from his or | her placement would be detrimental to the child; | or
| (c) the child who is the subject of the | permanency hearing has existing close and strong | bonds with a sibling, and achievement of another | permanency goal would substantially interfere with | the subject child's sibling relationship, taking | into consideration the nature and extent of the | relationship, and whether ongoing contact is in |
| the subject child's best interest, including | long-term emotional interest, as compared with the | legal and emotional benefit of permanence;
| (4) The child has lived with the relative or | foster parent for at least one year; and
| (5) The relative or foster parent currently caring | for the child is willing and capable of providing the | child with a stable and permanent environment. | The court shall set a
permanency
goal that is in the best | interest of the child. In determining that goal, the court | shall consult with the minor in an age-appropriate manner | regarding the proposed permanency or transition plan for the | minor. The court's determination
shall include the following | factors:
| (1) Age of the child.
| (2) Options available for permanence, including both | out-of-state and in-state placement options.
| (3) Current placement of the child and the intent of | the family regarding
adoption.
| (4) Emotional, physical, and mental status or | condition of the child.
| (5) Types of services previously offered and whether | or not
the services were successful and, if not | successful, the reasons the services
failed.
| (6) Availability of services currently needed and | whether the services
exist.
|
| (7) Status of siblings of the minor.
| The court shall consider (i) the permanency goal contained | in the service
plan, (ii) the appropriateness of the
services | contained in the plan and whether those services have been
| provided, (iii) whether reasonable efforts have been made by | all
the parties to the service plan to achieve the goal, and | (iv) whether the plan
and goal have been achieved. All | evidence
relevant to determining these questions, including | oral and written reports,
may be admitted and may be relied on | to the extent of their probative value.
| The court shall make findings as to whether, in violation | of Section 8.2 of the Abused and Neglected Child Reporting | Act, any portion of the service plan compels a child or parent | to engage in any activity or refrain from any activity that is | not reasonably related to remedying a condition or conditions | that gave rise or which could give rise to any finding of child | abuse or neglect. The services contained in the service plan | shall include services reasonably related to remedy the | conditions that gave rise to removal of the child from the home | of his or her parents, guardian, or legal custodian or that the | court has found must be remedied prior to returning the child | home. Any tasks the court requires of the parents, guardian, | or legal custodian or child prior to returning the child home, | must be reasonably related to remedying a condition or | conditions that gave rise to or which could give rise to any | finding of child abuse or neglect. |
| If the permanency goal is to return home, the court shall | make findings that identify any problems that are causing | continued placement of the children away from the home and | identify what outcomes would be considered a resolution to | these problems. The court shall explain to the parents that | these findings are based on the information that the court has | at that time and may be revised, should additional evidence be | presented to the court. | The court shall review the Sibling Contact Support Plan | developed or modified under subsection (f) of Section 7.4 of | the Children and Family Services Act, if applicable. If the | Department has not convened a meeting to
develop or modify a | Sibling Contact Support Plan, or if the court finds that the | existing Plan
is not in the child's best interest, the court | may enter an order requiring the Department to
develop, modify | or implement a Sibling Contact Support Plan, or order | mediation. | If the goal has been achieved, the court shall enter | orders that are
necessary to conform the minor's legal custody | and status to those findings.
| If, after receiving evidence, the court determines that | the services
contained in the plan are not reasonably | calculated to facilitate achievement
of the permanency goal, | the court shall put in writing the factual basis
supporting | the determination and enter specific findings based on the | evidence.
The court also shall enter an order for the |
| Department to develop and
implement a new service plan or to | implement changes to the current service
plan consistent with | the court's findings. The new service plan shall be filed
with | the court and served on all parties within 45 days of the date | of the
order. The court shall continue the matter until the new | service plan is
filed. Except as authorized by subsection | (2.5) of this Section and as otherwise specifically authorized | by law, the court is not empowered under this Section to order | specific placements, specific services, or specific service | providers to be included in the service plan.
| A guardian or custodian appointed by the court pursuant to | this Act shall
file updated case plans with the court every 6 | months.
| Rights of wards of the court under this Act are | enforceable against
any public agency by complaints for relief | by mandamus filed in any
proceedings brought under this Act.
| (2.5) If, after reviewing the evidence, including evidence | from the Department, the court determines that the minor's | current or planned placement is not necessary or appropriate | to facilitate achievement of the permanency goal, the court | shall put in writing the factual basis supporting its | determination and enter specific findings based on the | evidence. If the court finds that the minor's current or | planned placement is not necessary or appropriate, the court | may enter an order directing the Department to implement a | recommendation by the minor's treating clinician or a |
| clinician contracted by the Department to evaluate the minor | or a recommendation made by the Department. If the Department | places a minor in a placement under an order entered under this | subsection (2.5), the Department has the authority to remove | the minor from that placement when a change in circumstances | necessitates the removal to protect the minor's health, | safety, and best interest. If the Department determines | removal is necessary, the Department shall notify the parties | of the planned placement change in writing no later than 10 | days prior to the implementation of its determination unless | remaining in the placement poses an imminent risk of harm to | the minor, in which case the Department shall notify the | parties of the placement change in writing immediately | following the implementation of its decision. The Department | shall notify others of the decision to change the minor's | placement as required by Department rule. | (3) Following the permanency hearing, the court shall | enter a written order
that includes the determinations | required under subsection (2) of this
Section and sets forth | the following:
| (a) The future status of the minor, including the | permanency goal, and
any order necessary to conform the | minor's legal custody and status to such
determination; or
| (b) If the permanency goal of the minor cannot be | achieved immediately,
the specific reasons for continuing | the minor in the care of the Department of
Children and |
| Family Services or other agency for short term placement, | and the
following determinations:
| (i) (Blank).
| (ii) Whether the services required by the court
| and by any service plan prepared within the prior 6 | months
have been provided and (A) if so, whether the | services were reasonably
calculated to facilitate the | achievement of the permanency goal or (B) if not
| provided, why the services were not provided.
| (iii) Whether the minor's current or planned | placement is necessary, and appropriate to the
plan | and goal, recognizing the right of minors to the least | restrictive (most
family-like) setting available and | in close proximity to the parents' home
consistent | with the health, safety, best interest and special | needs of the
minor and, if the minor is placed | out-of-state, whether the out-of-state
placement | continues to be appropriate and consistent with the | health, safety,
and best interest of the minor.
| (iv) (Blank).
| (v) (Blank).
| (4) The minor or any person interested in the minor may | apply to the
court for a change in custody of the minor and the | appointment of a new
custodian or guardian of the person or for | the restoration of the minor
to the custody of his parents or | former guardian or custodian.
|
| When return home is not selected as the permanency goal:
| (a) The Department, the minor, or the current
foster | parent or relative
caregiver seeking private guardianship | may file a motion for private
guardianship of the minor. | Appointment of a guardian under this Section
requires | approval of the court.
| (b) The State's Attorney may file a motion to | terminate parental rights of
any parent who has failed to | make reasonable efforts to correct the conditions
which | led to the removal of the child or reasonable progress | toward the return
of the child, as defined in subdivision | (D)(m) of Section 1 of the Adoption Act
or for whom any | other unfitness ground for terminating parental rights as
| defined in subdivision (D) of Section 1 of the Adoption | Act exists. | When parental rights have been terminated for a | minimum of 3 years and the child who is the subject of the | permanency hearing is 13 years old or older and is not | currently placed in a placement likely to achieve | permanency, the Department of
Children and Family Services | shall make reasonable efforts to locate parents whose | rights have been terminated, except when the Court | determines that those efforts would be futile or | inconsistent with the subject child's best interests. The | Department of
Children and Family Services shall assess | the appropriateness of the parent whose rights have been |
| terminated, and shall, as appropriate, foster and support | connections between the parent whose rights have been | terminated and the youth. The Department of
Children and | Family Services shall document its determinations and | efforts to foster connections in the child's case plan.
| Custody of the minor shall not be restored to any parent, | guardian or legal
custodian in any case in which the minor is | found to be neglected or abused
under Section 2-3 or dependent | under Section 2-4 of this Act, unless the
minor can be cared | for at home
without endangering his or her health or safety and | it is in the best
interest of the minor,
and if such neglect, | abuse, or dependency is found by the court
under paragraph (1) | of Section 2-21 of this Act to have come
about due to the acts | or omissions or both of such parent, guardian or legal
| custodian, until such time as an investigation is made as | provided in
paragraph (5) and a hearing is held on the issue of | the health,
safety and
best interest of the minor and the | fitness of such
parent, guardian or legal custodian to care | for the minor and the court
enters an order that such parent, | guardian or legal custodian is fit to
care for the minor. In | the event that the minor has attained 18 years
of age and the | guardian or custodian petitions the court for an order
| terminating his guardianship or custody, guardianship or | custody shall
terminate automatically 30 days after the | receipt of the petition unless
the court orders otherwise. No | legal custodian or guardian of the
person may be removed |
| without his consent until given notice and an
opportunity to | be heard by the court.
| When the court orders a child restored to the custody of | the parent or
parents, the court shall order the parent or | parents to cooperate with the
Department of Children and | Family Services and comply with the terms of an
after-care | plan, or risk the loss of custody of the child and possible
| termination of their parental rights. The court may also enter | an order of
protective supervision in accordance with Section | 2-24.
| (5) Whenever a parent, guardian, or legal custodian files | a motion for
restoration of custody of the minor, and the minor | was adjudicated
neglected, abused, or dependent as a result of | physical abuse,
the court shall cause to be
made an | investigation as to whether the movant has ever been charged
| with or convicted of any criminal offense which would indicate | the
likelihood of any further physical abuse to the minor. | Evidence of such
criminal convictions shall be taken into | account in determining whether the
minor can be cared for at | home without endangering his or her health or safety
and | fitness of the parent, guardian, or legal custodian.
| (a) Any agency of this State or any subdivision | thereof shall
co-operate with the agent of the court in | providing any information
sought in the investigation.
| (b) The information derived from the investigation and | any
conclusions or recommendations derived from the |
| information shall be
provided to the parent, guardian, or | legal custodian seeking restoration
of custody prior to | the hearing on fitness and the movant shall have
an | opportunity at the hearing to refute the information or | contest its
significance.
| (c) All information obtained from any investigation | shall be confidential
as provided in Section 5-150 of this | Act.
| (Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17; | 100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff. | 8-19-18; 101-63, eff. 10-1-19 .)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/30/2021
|