Illinois General Assembly - Full Text of Public Act 098-0868
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Public Act 098-0868


 

Public Act 0868 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0868
 
SB2782 EnrolledLRB098 16796 RLC 51865 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
adding Section 2-10.2 as follows:
 
    (705 ILCS 405/2-10.2 new)
    Sec. 2-10.2. Educational surrogate parent.
    (a) Upon issuing an order under Section 2-10 of this Act,
whenever a special education services or early intervention
services surrogate parent is appointed for a minor under the
federal Individuals with Disabilities Education Act, the court
may appoint one or both parents or the minor's legal guardian
who is a respondent as the educational surrogate parent or
early intervention program surrogate parent for the minor if:
        (1) the parent or legal guardian respondent requests
    the appointment; and
        (2) the court finds that the best interests of the
    minor are consistent with the appointment.
    (b) The court may appoint a person other than a parent or
legal guardian respondent as educational surrogate parent or
early intervention program surrogate parent of the minor if:
        (1) the person is not a party to the abuse, neglect, or
    dependency of the minor;
        (2) the person is familiar with the needs of the minor;
        (3) a parent or guardian does not request appointment,
    is unavailable, or the court denies the request for
    appointment by a parent or guardian respondent; and
        (4) the court finds that the best interests of the
    minor are consistent with the appointment.
    (c) An educational surrogate parent or early intervention
program surrogate parent shall meet the requirements of
applicable federal laws and rules governing educational
surrogate parents or early intervention program surrogate
parents. The court may rescind its appointment of an
educational surrogate parent or early intervention program
surrogate parent at any time if it determines that rescinding
the appointment is consistent with the best interests of the
minor. If the court does not appoint a parent, guardian
respondent, or other person as educational surrogate parent or
early intervention program surrogate parent, or if the court
rescinds an appointment, the selection of an educational
surrogate parent or early intervention program surrogate
parent shall be made under applicable federal and State laws
and rules.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/8/2014