Illinois General Assembly - Full Text of Public Act 096-0168
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Public Act 096-0168


 

Public Act 0168 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0168
 
HB0520 Enrolled LRB096 07675 RLC 17776 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 Sections 1-3, 2-3 and 2-4 as follows:
 
    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
    Sec. 1-3. Definitions. Terms used in this Act, unless the
context otherwise requires, have the following meanings
ascribed to them:
    (1) "Adjudicatory hearing" means a hearing to determine
whether the allegations of a petition under Section 2-13, 3-15
or 4-12 that a minor under 18 years of age is abused, neglected
or dependent, or requires authoritative intervention, or
addicted, respectively, are supported by a preponderance of the
evidence or whether the allegations of a petition under Section
5-520 that a minor is delinquent are proved beyond a reasonable
doubt.
    (2) "Adult" means a person 21 years of age or older.
    (3) "Agency" means a public or private child care facility
legally authorized or licensed by this State for placement or
institutional care or for both placement and institutional
care.
    (4) "Association" means any organization, public or
private, engaged in welfare functions which include services to
or on behalf of children but does not include "agency" as
herein defined.
    (4.05) Whenever a "best interest" determination is
required, the following factors shall be considered in the
context of the child's age and developmental needs:
        (a) the physical safety and welfare of the child,
    including food, shelter, health, and clothing;
        (b) the development of the child's identity;
        (c) the child's background and ties, including
    familial, cultural, and religious;
        (d) the child's sense of attachments, including:
            (i) where the child actually feels love,
        attachment, and a sense of being valued (as opposed to
        where adults believe the child should feel such love,
        attachment, and a sense of being valued);
            (ii) the child's sense of security;
            (iii) the child's sense of familiarity;
            (iv) continuity of affection for the child;
            (v) the least disruptive placement alternative for
        the child;
        (e) the child's wishes and long-term goals;
        (f) the child's community ties, including church,
    school, and friends;
        (g) the child's need for permanence which includes the
    child's need for stability and continuity of relationships
    with parent figures and with siblings and other relatives;
        (h) the uniqueness of every family and child;
        (i) the risks attendant to entering and being in
    substitute care; and
        (j) the preferences of the persons available to care
    for the child.
    (4.1) "Chronic truant" shall have the definition ascribed
to it in Section 26-2a of the School Code.
    (5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act.
    (6) "Dispositional hearing" means a hearing to determine
whether a minor should be adjudged to be a ward of the court,
and to determine what order of disposition should be made in
respect to a minor adjudged to be a ward of the court.
    (7) "Emancipated minor" means any minor 16 years of age or
over who has been completely or partially emancipated under the
Emancipation of Minors Act or under this Act.
    (8) "Guardianship of the person" of a minor means the duty
and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with his or her general welfare. It includes but is not
necessarily limited to:
        (a) the authority to consent to marriage, to enlistment
    in the armed forces of the United States, or to a major
    medical, psychiatric, and surgical treatment; to represent
    the minor in legal actions; and to make other decisions of
    substantial legal significance concerning the minor;
        (b) the authority and duty of reasonable visitation,
    except to the extent that these have been limited in the
    best interests of the minor by court order;
        (c) the rights and responsibilities of legal custody
    except where legal custody has been vested in another
    person or agency; and
        (d) the power to consent to the adoption of the minor,
    but only if expressly conferred on the guardian in
    accordance with Section 2-29, 3-30, or 4-27.
    (9) "Legal custody" means the relationship created by an
order of court in the best interests of the minor which imposes
on the custodian the responsibility of physical possession of a
minor and the duty to protect, train and discipline him and to
provide him with food, shelter, education and ordinary medical
care, except as these are limited by residual parental rights
and responsibilities and the rights and responsibilities of the
guardian of the person, if any.
    (9.1) "Mentally capable adult relative" means a person 21
years of age or older who is not suffering from a mental
illness that prevents him or her from providing the care
necessary to safeguard the physical safety and welfare of a
minor who is left in that person's care by the parent or
parents or other person responsible for the minor's welfare.
    (10) "Minor" means a person under the age of 21 years
subject to this Act.
    (11) "Parent" means the father or mother of a child and
includes any adoptive parent. It also includes a man (i) whose
paternity is presumed or has been established under the law of
this or another jurisdiction or (ii) who has registered with
the Putative Father Registry in accordance with Section 12.1 of
the Adoption Act and whose paternity has not been ruled out
under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have been
terminated in any manner provided by law.
    (11.1) "Permanency goal" means a goal set by the court as
defined in subdivision (2) of Section 2-28.
    (11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) whether the plan
and goal have been achieved.
    (12) "Petition" means the petition provided for in Section
2-13, 3-15, 4-12 or 5-520, including any supplemental petitions
thereunder in Section 3-15, 4-12 or 5-520.
    (12.1) "Physically capable adult relative" means a person
21 years of age or older who does not have a severe physical
disability or medical condition, or is not suffering from
alcoholism or drug addiction, that prevents him or her from
providing the care necessary to safeguard the physical safety
and welfare of a minor who is left in that person's care by the
parent or parents or other person responsible for the minor's
welfare.
    (13) "Residual parental rights and responsibilities" means
those rights and responsibilities remaining with the parent
after the transfer of legal custody or guardianship of the
person, including, but not necessarily limited to, the right to
reasonable visitation (which may be limited by the court in the
best interests of the minor as provided in subsection (8)(b) of
this Section), the right to consent to adoption, the right to
determine the minor's religious affiliation, and the
responsibility for his support.
    (14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
    (15) "Station adjustment" means the informal handling of an
alleged offender by a juvenile police officer.
    (16) "Ward of the court" means a minor who is so adjudged
under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
requisite jurisdictional facts, and thus is subject to the
dispositional powers of the court under this Act.
    (17) "Juvenile police officer" means a sworn police officer
who has completed a Basic Recruit Training Course, has been
assigned to the position of juvenile police officer by his or
her chief law enforcement officer and has completed the
necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of the Department of State Police.
    (18) "Secure child care facility" means any child care
facility licensed by the Department of Children and Family
Services to provide secure living arrangements for children
under 18 years of age who are subject to placement in
facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards
are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections. "Secure child care
facility" also means a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building, or a distinct part of the building are under the
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
    Sec. 2-3. Neglected or abused minor.
    (1) Those who are neglected include:
        (a) any minor under 18 years of age who is not
    receiving the proper or necessary support, education as
    required by law, or medical or other remedial care
    recognized under State law as necessary for a minor's
    well-being, or other care necessary for his or her
    well-being, including adequate food, clothing and shelter,
    or who is abandoned by his or her parent or parents or
    other person or persons responsible for the minor's
    welfare, except that a minor shall not be considered
    neglected for the sole reason that the minor's parent or
    parents or other person or persons responsible for the
    minor's welfare have has left the minor in the care of an
    adult relative for any period of time, who the parent or
    parents or other person responsible for the minor's welfare
    know is both a mentally capable adult relative and
    physically capable adult relative, as defined by this Act;
    or
        (b) any minor under 18 years of age whose environment
    is injurious to his or her welfare; or
        (c) any newborn infant whose blood, urine, or meconium
    contains any amount of a controlled substance as defined in
    subsection (f) of Section 102 of the Illinois Controlled
    Substances Act, as now or hereafter amended, or a
    metabolite of a controlled substance, with the exception of
    controlled substances or metabolites of such substances,
    the presence of which in the newborn infant is the result
    of medical treatment administered to the mother or the
    newborn infant; or
        (d) any minor under the age of 14 years whose parent or
    other person responsible for the minor's welfare leaves the
    minor without supervision for an unreasonable period of
    time without regard for the mental or physical health,
    safety, or welfare of that minor; or
        (e) any minor who has been provided with interim crisis
    intervention services under Section 3-5 of this Act and
    whose parent, guardian, or custodian refuses to permit the
    minor to return home unless the minor is an immediate
    physical danger to himself, herself, or others living in
    the home.
    Whether the minor was left without regard for the mental or
physical health, safety, or welfare of that minor or the period
of time was unreasonable shall be determined by considering the
following factors, including but not limited to:
        (1) the age of the minor;
        (2) the number of minors left at the location;
        (3) special needs of the minor, including whether the
    minor is physically or mentally handicapped, or otherwise
    in need of ongoing prescribed medical treatment such as
    periodic doses of insulin or other medications;
        (4) the duration of time in which the minor was left
    without supervision;
        (5) the condition and location of the place where the
    minor was left without supervision;
        (6) the time of day or night when the minor was left
    without supervision;
        (7) the weather conditions, including whether the
    minor was left in a location with adequate protection from
    the natural elements such as adequate heat or light;
        (8) the location of the parent or guardian at the time
    the minor was left without supervision, the physical
    distance the minor was from the parent or guardian at the
    time the minor was without supervision;
        (9) whether the minor's movement was restricted, or the
    minor was otherwise locked within a room or other
    structure;
        (10) whether the minor was given a phone number of a
    person or location to call in the event of an emergency and
    whether the minor was capable of making an emergency call;
        (11) whether there was food and other provision left
    for the minor;
        (12) whether any of the conduct is attributable to
    economic hardship or illness and the parent, guardian or
    other person having physical custody or control of the
    child made a good faith effort to provide for the health
    and safety of the minor;
        (13) the age and physical and mental capabilities of
    the person or persons who provided supervision for the
    minor;
        (14) whether the minor was left under the supervision
    of another person;
        (15) any other factor that would endanger the health
    and safety of that particular minor.
    A minor shall not be considered neglected for the sole
reason that the minor has been relinquished in accordance with
the Abandoned Newborn Infant Protection Act.
    (2) Those who are abused include any minor under 18 years
of age whose parent or immediate family member, or any person
responsible for the minor's welfare, or any person who is in
the same family or household as the minor, or any individual
residing in the same home as the minor, or a paramour of the
minor's parent:
        (i) inflicts, causes to be inflicted, or allows to be
    inflicted upon such minor physical injury, by other than
    accidental means, which causes death, disfigurement,
    impairment of physical or emotional health, or loss or
    impairment of any bodily function;
        (ii) creates a substantial risk of physical injury to
    such minor by other than accidental means which would be
    likely to cause death, disfigurement, impairment of
    emotional health, or loss or impairment of any bodily
    function;
        (iii) commits or allows to be committed any sex offense
    against such minor, as such sex offenses are defined in the
    Criminal Code of 1961, as amended, and extending those
    definitions of sex offenses to include minors under 18
    years of age;
        (iv) commits or allows to be committed an act or acts
    of torture upon such minor; or
        (v) inflicts excessive corporal punishment.
    A minor shall not be considered abused for the sole reason
that the minor has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
    (3) This Section does not apply to a minor who would be
included herein solely for the purpose of qualifying for
financial assistance for himself, his parents, guardian or
custodian.
(Source: P.A. 95-443, eff. 1-1-08.)
 
    (705 ILCS 405/2-4)  (from Ch. 37, par. 802-4)
    Sec. 2-4. Dependent minor.
    (1) Those who are dependent include any minor under 18
years of age:
        (a) who is without a parent, guardian or legal
    custodian;
        (b) who is without proper care because of the physical
    or mental disability of his parent, guardian or custodian;
        (c) who is without proper medical or other remedial
    care recognized under State law or other care necessary for
    his or her well being through no fault, neglect or lack of
    concern by his parents, guardian or custodian, provided
    that no order may be made terminating parental rights, nor
    may a minor be removed from the custody of his or her
    parents for longer than 6 months, pursuant to an
    adjudication as a dependent minor under this subdivision
    (c), unless it is found to be in his or her best interest
    by the court or the case automatically closes as provided
    under Section 2-31 of this Act; or
        (d) who has a parent, guardian or legal custodian who
    with good cause wishes to be relieved of all residual
    parental rights and responsibilities, guardianship or
    custody, and who desires the appointment of a guardian of
    the person with power to consent to the adoption of the
    minor under Section 2-29.
    (2) This Section does not apply to a minor who would be
included herein solely for the purpose of qualifying for
financial assistance for himself, his parent or parents,
guardian or custodian or to a minor solely because his or her
parent or parents or guardian has left the minor for any period
of time in the care of an adult relative, who the parent or
parents or guardian know is both a mentally capable adult
relative and physically capable adult relative, as defined by
this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2009