Public Act 90-0608 of the 90th General Assembly
Public Act 90-0608
SB1339 Enrolled LRB9011267SMpk
AN ACT regarding children, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is
amended by changing Sections 5, 7, and 8 and by adding
Section 5c as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also
includes persons under age 19 who:
(A) were committed to the Department pursuant
to the Juvenile Court Act or the Juvenile Court Act
of 1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and
training by the Department prior to the age of 18
and whose best interest in the discretion of the
Department would be served by continuing that care,
service and training because of severe emotional
disturbances, physical disability, social adjustment
or any combination thereof, or because of the need
to complete an educational or vocational training
program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health,
safety and welfare of children, including homeless,
dependent or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable
and possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who
have been removed, by the provision of services to
the child and the families when the child can be
cared for at home without endangering the child's
health and safety;
(E) placing children in suitable adoptive
homes, in cases where restoration to the biological
family is not safe, possible or appropriate;
(F) assuring safe and adequate care of
children away from their homes, in cases where the
child cannot be returned home or cannot be placed
for adoption. At the time of placement, the
Department shall consider concurrent planning, as
described in subsection (l-1) of this Section so
that permanency may occur at the earliest
opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement
made is the best available placement to provide
permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in
facilities that provide separate living quarters for
children under the age of 18 and for children 18
years of age and older, unless a child 18 years of
age is in the last year of high school education or
vocational training, in an approved individual or
group treatment program, or in a licensed shelter
facility, or secure child care facility. The
Department is not required to place or maintain
children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting,
or
(iv) who are siblings,
in facilities that provide separate living quarters
for children 18 years of age and older and for
children under 18 years of age.
(b) Nothing in this Section shall be construed to
authorize the expenditure of public funds for the purpose of
performing abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement,
the contractor must post a surety bond in the amount of the
advance disbursement and have a purchase of service contract
approved by the Department. The Department may pay up to 2
months operational expenses in advance. The amount of the
advance disbursement shall be prorated over the life of the
contract or the remaining months of the fiscal year,
whichever is less, and the installment amount shall then be
deducted from future bills. Advance disbursement
authorizations for new initiatives shall not be made to any
agency after that agency has operated during 2 consecutive
fiscal years. The requirements of this Section concerning
advance disbursements shall not apply with respect to the
following: payments to local public agencies for child day
care services as authorized by Section 5a of this Act; and
youth service programs receiving grant funds under Section
17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation,
family reunification, and adoption, including but not limited
to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile
Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
Juvenile Court Act of 1987 in accordance with the federal
Adoption Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the
staff of Department grantees, through contracts with other
agencies or resources, in alcohol and drug abuse screening
techniques to identify children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a ward and that no licensed private facility has an adequate
and appropriate program or none agrees to accept the ward,
the Department shall create an appropriate individualized,
program-oriented plan for such ward. The plan may be
developed within the Department or through purchase of
services by the Department to the extent that it is within
its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of
the services it makes available to children or families or
for which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt physically or mentally
handicapped, older and other hard-to-place children who (i)
immediately prior to their adoption were legal wards of the
Department or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents
have been terminated or because the child's adoptive parents
have died. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25 or 5-29 of the Juvenile Court Act of 1987 for children
who were wards of the Department for 12 months immediately
prior to the appointment of the successor guardian and for
whom the Department has set a goal of permanent family
placement with a foster family.
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, as set forth in
the annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such
costs may not exceed the amounts which similar services would
cost the Department if it were to provide or secure them as
guardian of the child.
Any financial assistance provided under this subsection
is inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection
of a judgment or debt.
(j-5) The Department shall not deny or delay the
placement of a child for adoption if an approved family is
available either outside of the Department region handling
the case, or outside of the State of Illinois.
(k) The Department shall accept for care and training
any child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
(l) Before July 1, 2000, the Department may provide, and
beginning July 1, 2000, the Department shall offer family
preservation services, as defined in Section 8.2 of the
Abused and Neglected Child Reporting Act, to help families,
including adoptive and extended families. Family preservation
services shall be offered (i) to prevent the placement of
children in substitute care when the children can be cared
for at home or in the custody of the person responsible for
the children's welfare, (ii) to reunite children with their
families, or (iii) to maintain an adoptive placement. Family
preservation services shall only be offered when doing so
will not endanger the children's health or safety. With
respect to children who are in substitute care pursuant to
the Juvenile Court Act of 1987, family preservation services
shall not be offered if a goal other than those of
subdivisions (A), (B), or (B-1) of subsection (2) of Section
2-28 of that Act has been set provide, family preservation
services, as determined to be appropriate and in the child's
best interests and when the child will be safe and not be in
imminent risk of harm, to any family whose child has been
placed in substitute care, any persons who have adopted a
child and require post-adoption services, or any persons
whose child or children are at risk of being placed outside
their home as documented by an "indicated" report of
suspected child abuse or neglect determined pursuant to the
Abused and Neglected Child Reporting Act. Nothing in this
paragraph shall be construed to create a private right of
action or claim on the part of any individual or child
welfare agency.
The Department shall notify the child and his family of
the Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon
as the report is determined to be "indicated". The
Department may offer services to any child or family with
respect to whom a report of suspected child abuse or neglect
has been filed, prior to concluding its investigation under
Section 7.12 of the Abused and Neglected Child Reporting Act.
However, the child's or family's willingness to accept
services shall not be considered in the investigation. The
Department may also provide services to any child or family
who is the subject of any report of suspected child abuse or
neglect or may refer such child or family to services
available from other agencies in the community, even if the
report is determined to be unfounded, if the conditions in
the child's or family's home are reasonably likely to subject
the child or family to future reports of suspected child
abuse or neglect. Acceptance of such services shall be
voluntary.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated
addicted, as a truant minor in need of supervision or as a
minor requiring authoritative intervention, under the
Juvenile Court Act or the Juvenile Court Act of 1987, but no
such child shall be committed to the Department by any court
without the approval of the Department. A minor charged with
a criminal offense under the Criminal Code of 1961 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except a minor
less than 13 years of age committed to the Department under
Section 5-23 of the Juvenile Court Act of 1987.
(l-1) The legislature recognizes that the best interests
of the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home
of the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with
respect to a child, as described in this subsection, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern.
When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made
to prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs unless otherwise required, pursuant to the Juvenile
Court Act of 1987 or must request a finding from the court
that reasonable efforts are not appropriate or have been
unsuccessful. At any time after the dispositional hearing
where the Department believes that further reunification
services would be ineffective, it may request a finding from
the court that reasonable efforts are no longer appropriate.
The Department is not required to provide further
reunification services after such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration
should also be given so that if reunification fails or is
delayed, the placement made is the best available placement
to provide permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed
by the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with
the family to reunite;
(6) the willingness and ability of the foster
family to provide an adoptive home or long-term
placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or
by the parent having custody of the child if the parents
are not living together or by the guardian or custodian
of the child if the child is not in the custody of either
parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
If the child is found in his or her residence without a
parent, guardian, custodian or responsible caretaker, the
Department may, instead of removing the child and assuming
temporary custody, place an authorized representative of the
Department in that residence until such time as a parent,
guardian or custodian enters the home and expresses a
willingness and apparent ability to ensure the child's health
and safety and resume permanent charge of the child, or until
a relative enters the home and is willing and able to ensure
the child's health and safety and assume charge of the child
until a parent, guardian or custodian enters the home and
expresses such willingness and ability to ensure the child's
safety and resume permanent charge. After a caretaker has
remained in the home for a period not to exceed 12 hours, the
Department must follow those procedures outlined in Section
2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile
Court Act of 1987. Whenever a child is taken into temporary
custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited custody, the Department, during the period of
temporary custody and before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
of the Juvenile Court Act of 1987, shall have the authority,
responsibilities and duties that a legal custodian of the
child would have under subsection (9) of Section 1-3 of the
Juvenile Court Act of 1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian or custodian of a child in the
temporary custody of the Department who would have custody of
the child if he were not in the temporary custody of the
Department may deliver to the Department a signed request
that the Department surrender the temporary custody of the
child. The Department may retain temporary custody of the
child for 10 days after the receipt of the request, during
which period the Department may cause to be filed a petition
pursuant to the Juvenile Court Act of 1987. If a petition is
so filed, the Department shall retain temporary custody of
the child until the court orders otherwise. If a petition is
not filed within the 10 day period, the child shall be
surrendered to the custody of the requesting parent, guardian
or custodian not later than the expiration of the 10 day
period, at which time the authority and duties of the
Department with respect to the temporary custody of the child
shall terminate.
(m-1) The Department may place children under 18 years
of age in a secure child care facility licensed by the
Department that cares for children who are in need of secure
living arrangements for their health, safety, and well-being
after a determination is made by the facility director and
the Director or the Director's designate prior to admission
to the facility subject to Section 2-27.1 of the Juvenile
Court Act of 1987. This subsection (m-1) does not apply to a
child who is subject to placement in a correctional facility
operated pursuant to Section 3-15-2 of the Unified Code of
Corrections.
(n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful and cannot ensure the
child's health and safety or are unavailable and such
placement would be for their best interest. Payment for
board, clothing, care, training and supervision of any child
placed in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care
facility for board, clothing, care, training and supervision
of such a child that exceed the average per capita cost of
maintaining and of caring for a child in institutions for
dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized care and treatment for
problems of severe emotional disturbance, physical
disability, social adjustment, or any combination thereof and
suitable facilities for the placement of such children are
not available at payment rates within the limitations set
forth in this Section. All reimbursements for services
delivered shall be absolutely inalienable by assignment,
sale, attachment, garnishment or otherwise.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the
Department. Children who are wards of the Department and are
placed by private child welfare agencies, and foster families
with whom those children are placed, shall be afforded the
same procedural and appeal rights as children and families in
the case of placement by the Department, including the right
to an initial review of a private agency decision by that
agency. The Department shall insure that any private child
welfare agency, which accepts wards of the Department for
placement, affords those rights to children and foster
families. The Department shall accept for administrative
review and an appeal hearing a complaint made by (i) a child
or foster family concerning a decision following an initial
review by a private child welfare agency or (ii) a
prospective adoptive parent who alleges a violation of
subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner.
(p) There is hereby created the Department of Children
and Family Services Emergency Assistance Fund from which the
Department may provide special financial assistance to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been separated
due to child abuse and neglect. The Department shall
establish administrative rules specifying the criteria for
determining eligibility for and the amount and nature of
assistance to be provided. The Department may also enter
into written agreements with private and public social
service agencies to provide emergency financial services to
families referred by the Department. Special financial
assistance payments shall be available to a family no more
than once during each fiscal year and the total payments to a
family may not exceed $500 during a fiscal year.
(q) The Department may receive and use, in their
entirety, for the benefit of children any gift, donation or
bequest of money or other property which is received on
behalf of such children, or any financial benefits to which
such children are or may become entitled while under the
jurisdiction or care of the Department.
The Department shall set up and administer no-cost,
interest-bearing savings accounts in appropriate financial
institutions ("individual accounts") for children for whom
the Department is legally responsible and who have been
determined eligible for Veterans' Benefits, Social Security
benefits, assistance allotments from the armed forces, court
ordered payments, parental voluntary payments, Supplemental
Security Income, Railroad Retirement payments, Black Lung
benefits, or other miscellaneous payments. Interest earned
by each individual account shall be credited to the account,
unless disbursed in accordance with this subsection.
In disbursing funds from children's individual accounts,
the Department shall:
(1) Establish standards in accordance with State
and federal laws for disbursing money from children's
individual accounts. In all circumstances, the
Department's "Guardianship Administrator" or his or her
designee must approve disbursements from children's
individual accounts. The Department shall be responsible
for keeping complete records of all disbursements for
each individual account for any purpose.
(2) Calculate on a monthly basis the amounts paid
from State funds for the child's board and care, medical
care not covered under Medicaid, and social services; and
utilize funds from the child's individual account, as
covered by regulation, to reimburse those costs.
Monthly, disbursements from all children's individual
accounts, up to 1/12 of $13,000,000, shall be deposited
by the Department into the General Revenue Fund and the
balance over 1/12 of $13,000,000 into the DCFS Children's
Services Fund.
(3) Maintain any balance remaining after
reimbursing for the child's costs of care, as specified
in item (2). The balance shall accumulate in accordance
with relevant State and federal laws and shall be
disbursed to the child or his or her guardian, or to the
issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to
the Department or its agent names and addresses of all
persons who have applied for and have been approved for
adoption of a hard-to-place or handicapped child and the
names of such children who have not been placed for adoption.
A list of such names and addresses shall be maintained by the
Department or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and
of the child shall be made available, without charge, to
every adoption agency in the State to assist the agencies in
placing such children for adoption. The Department may
delegate to an agent its duty to maintain and make available
such lists. The Department shall ensure that such agent
maintains the confidentiality of the person seeking to adopt
the child and of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious
or negligent acts of foster children, as well as providing
third party coverage for such foster parents with regard to
actions of foster children to other individuals. Such
coverage will be secondary to the foster parent liability
insurance policy, if applicable. The program shall be funded
through appropriations from the General Revenue Fund,
specifically designated for such purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court
specifically directs the Department to perform such
services; and
(2) the court has ordered one or both of the
parties to the proceeding to reimburse the Department for
its reasonable costs for providing such services in
accordance with Department rules, or has determined that
neither party is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court
order. The Department shall send to the court information
related to the costs incurred except in cases where the court
has determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
(u) Whenever the Department places a child in a licensed
foster home, group home, child care institution, or in a
relative home, the Department shall provide to the caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical
card information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the
child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary
to care for and safeguard the child.
(u-5) Effective July 1, 1995, only foster care
placements licensed as foster family homes pursuant to the
Child Care Act of 1969 shall be eligible to receive foster
care payments from the Department. Relative caregivers who,
as of July 1, 1995, were approved pursuant to approved
relative placement rules previously promulgated by the
Department at 89 Ill. Adm. Code 335 and had submitted an
application for licensure as a foster family home may
continue to receive foster care payments only until the
Department determines that they may be licensed as a foster
family home or that their application for licensure is denied
or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the
adjudicatory and dispositional record system as defined in
subdivision (A)19 of Section 55a of the Civil Administrative
Code of Illinois if the Department determines the information
is necessary to perform its duties under the Abused and
Neglected Child Reporting Act, the Child Care Act of 1969,
and the Children and Family Services Act. The Department
shall provide for interactive computerized communication and
processing equipment that permits direct on-line
communication with the Department of State Police's central
criminal history data repository. The Department shall
comply with all certification requirements and provide
certified operators who have been trained by personnel from
the Department of State Police. In addition, one Office of
the Inspector General investigator shall have training in the
use of the criminal history information access system and
have access to the terminal. The Department of Children and
Family Services and its employees shall abide by rules and
regulations established by the Department of State Police
relating to the access and dissemination of this information.
(w) Within 120 days of August 20, 1995 (the effective
date of Public Act 89-392), the Department shall prepare and
submit to the Governor and the General Assembly, a written
plan for the development of in-state licensed secure child
care facilities that care for children who are in need of
secure living arrangements for their health, safety, and
well-being. For purposes of this subsection, secure care
facility shall mean 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. The plan shall include descriptions of the types
of facilities that are needed in Illinois; the cost of
developing these secure care facilities; the estimated number
of placements; the potential cost savings resulting from the
movement of children currently out-of-state who are projected
to be returned to Illinois; the necessary geographic
distribution of these facilities in Illinois; and a proposed
timetable for development of such facilities.
(Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
revised 10-20-97.)
(20 ILCS 505/5c new)
Sec. 5c. Direct child welfare service employee license.
By January 1, 2000, the Department, in consultation with
private child welfare agencies, shall develop and implement a
direct child welfare service employee license. By January 1,
2001 all child protective investigators and supervisors and
child welfare specialists and supervisors employed by the
Department or its contractors shall be required to
demonstrate sufficient knowledge and skills to obtain and
maintain the license. The Department shall have the
authority to revoke or suspend the license of anyone who
after a hearing is found to be guilty of misfeasance. The
Department shall promulgate such rules as necessary to
implement this Section.
On or before January 1, 2000, and every year thereafter,
the Department shall submit an annual report to the General
Assembly on the implementation of this Section.
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place such child, as far as possible, in the care and
custody of some individual holding the same religious belief
as the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(b) In placing a child under this Act, the Department
may place a child with a relative if the Department has
reason to believe that the relative will be able to
adequately provide for the child's safety and welfare. The
Department may not place a child with a relative, with the
exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agency Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult
member of the relative's household for any of the following
offenses under the Criminal Code of 1961:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, and 11-13;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm;
(15) aggravated stalking;
(16) home invasion;
(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal neglect of an elderly or disabled
person;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent,
who (i) is currently related to the child in any of the
following ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
great-uncle, or great-aunt; or (ii) is the spouse of such a
relative; or (iii) is the child's step-father, step-mother,
or adult step-brother or step-sister; "relative" also
includes a person related in any of the foregoing ways to a
sibling of a child, even though the person is not related to
the child, when the child and its sibling are placed together
with that person. A relative with whom a child is placed
pursuant to this subsection may, but is not required to,
apply for licensure as a foster family home pursuant to the
Child Care Act of 1969; provided, however, that as of July 1,
1995, foster care payments shall be made only to licensed
foster family homes pursuant to the terms of Section 5 of
this Act.
(c) In placing a child under this Act, the Department
shall ensure that the child's health, safety, and best
interests are met by giving due, not sole, consideration to
the child's race or ethnic heritage in making a family foster
care placement. The Department shall consider the individual
needs cultural, ethnic, or racial background of the child and
the capacity of the prospective foster or adoptive parents to
meet the needs of a child of this background as one of a
number of factors used to determine the best interests of the
child. The Department shall make special efforts for the
diligent recruitment of potential foster and adoptive
families that reflect the ethnic and racial diversity of the
children for whom foster and adoptive homes are needed.
"Special efforts" shall include contacting and working with
community organizations and religious organizations and may
include contracting with those organizations, utilizing local
media and other local resources, and conducting outreach
activities.
(c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection
(l-1) of Section 5, so that permanency may occur at the
earliest opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement made is
the best available placement to provide permanency for the
child.
(d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
(e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96; 90-27,
eff. 1-1-98; 90-28, eff. 1-1-98.)
(20 ILCS 505/8) (from Ch. 23, par. 5008)
Sec. 8. Scholarships and fee waivers. Each year the
Department may select from among the children under care, or
children formerly under care who have been adopted or are in
the subsidized guardianship program, a maximum of 48 24
students, (at least 4 of whom shall be children of veterans),
who have completed 4 years in an accredited high school; the
children selected who shall be eligible for scholarships and
fee waivers which will entitle them to 4 consecutive years of
community college, university, or college education.
Selection shall be made on the basis of scholastic record,
aptitude, and general interest in higher education. In
accordance with this Act, tuition scholarships and fee
waivers shall be available to such students at any university
or college maintained by the State of Illinois. The
Department shall provide maintenance and school expenses,
except tuition and fees, during the academic years to
supplement the students' earnings or other resources so long
as they consistently maintain scholastic records which are
acceptable to their schools and to the Department. Students
may attend other colleges and universities, if scholarships
are awarded them, and receive the same benefits for
maintenance and other expenses as those students attending
any Illinois State community college, university, or college
under this Section.
(Source: P.A. 84-168.)
Section 10. The Child Death Review Team Act is amended
by changing Section 20 as follows:
(20 ILCS 515/20)
Sec. 20. Reviews of child deaths.
(a) Every child death shall be reviewed by the team in
the subregion which has primary case management
responsibility. The deceased child must be one of the
following:
(1) A ward of the Department.
(2) The subject of an open service case maintained
by the Department.
(3) The subject of a pending child abuse or neglect
investigation.
(4) A child who was the subject of an abuse or
neglect investigation at any time during the 12 months
preceding the child's death.
(5) Any other child whose death is reported to the
State central register as a result of alleged child abuse
or neglect which report is subsequently indicated.
A child death review team may, at its discretion, review
other sudden, unexpected, or unexplained child deaths.
(b) A child death review team's purpose in conducting
reviews of child deaths is to do the following:
(1) Assist in determining the cause and manner of
the child's death, when requested.
(2) Evaluate means by which the death might have
been prevented.
(3) Report its findings to appropriate agencies and
make recommendations that may help to reduce the number
of child deaths caused by abuse or neglect.
(4) Promote continuing education for professionals
involved in investigating, treating, and preventing child
abuse and neglect as a means of preventing child deaths
due to abuse or neglect.
(5) Make specific recommendations to the Director
and the Inspector General of the Department concerning
the prevention of child deaths due to abuse or neglect
and the establishment of protocols for investigating
child deaths.
(c) A child death review team shall review a child death
as soon as practical and not later than 90 days following the
completion by the Department of the investigation of the
death under the Abused and Neglected Child Reporting Act.
When there has been no investigation by the Department, the
child death review team shall review a child's death within
90 days after obtaining the information necessary to complete
the review from the coroner, pathologist, medical examiner,
or law enforcement agency, depending on the nature of the
case. A child death review team shall meet at least once in
each calendar quarter.
(d) The Director shall, within 90 days, review and reply
to recommendations made by a team under item (5) of
subsection (b). The Director shall implement recommendations
as feasible and appropriate and shall respond in writing to
explain the implementation or nonimplementation of the
recommendations.
(Source: P.A. 90-239, eff. 7-28-97.)
Section 15. The Hospital Licensing Act is amended by
changing Section 9 as follows:
(210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
Sec. 9. The Department shall make or cause to be made
such inspections and investigations as it deems necessary.
Information received by the Department through filed reports,
inspection, or as otherwise authorized under this Act shall
not be disclosed publicly in such manner as to identify
individuals or hospitals, except (i) in a proceeding
involving the denial, suspension, or revocation of a permit
to establish a hospital or a proceeding involving the denial,
suspension, or revocation of a license to open, conduct,
operate, and maintain a hospital, (ii) to the Department of
Children and Family Services in the course of a child abuse
or neglect investigation conducted by that Department or by
the Department of Public Health, or (iii) in other
circumstances as may be approved by the Hospital Licensing
Board.
(Source: Laws 1965, p. 2350.)
Section 17. The Child Care Act of 1969 is amended by
changing Section 4 and adding Sections 2.22 and 3.1 as
follows:
(225 ILCS 10/2.22 new)
Sec. 2.22. "Secure child care facility" means any child
care facility licensed by the Department 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 and which comply with the requirements of
this Act and applicable rules of the Department and which
shall be consistent with requirements established for child
residents of mental health facilities under the Juvenile
Court Act of 1987 and the Mental Health and Developmental
Disabilities Code. "Secure child care facility" also means a
facility that is designed and operated to ensure that all
entrances and exists 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.
(225 ILCS 10/3.1 new)
Sec. 3.1. Licenses for secure child care facility. The
Department shall establish standards for licensing secure
child care facilities which comply with the requirements of
this Act, Section 2-27.1 of the Juvenile Court Act of 1987,
applicable requirements of the Mental Health and
Developmental Disabilities Code, and applicable rules of the
Department. On or before January 1, 1999, the Department
shall develop rules that set standards and the degree of need
for licensed secure facilities. Within 90 days after the
effective date of this amendatory Act of 1998, the Director
shall appoint an advisory committee to assist the Department
in the development of these rules.
(225 ILCS 10/4) (from Ch. 23, par. 2214)
Sec. 4. License requirement; application; notice.
(a) Any person, group of persons or corporation who or
which receives children or arranges for care or placement of
one or more children unrelated to the operator must apply for
a license to operate one of the types of facilities defined
in Sections 2.05 through 2.19 and in Section 2.22 of this
Act. Any relative who receives a child or children for
placement by the Department on a full-time basis may apply
for a license to operate a foster family home as defined in
Section 2.17 of this Act.
(b) Application for a license to operate a child care
facility must be made to the Department in the manner and on
forms prescribed by it. An application to operate a foster
family home shall include, at a minimum: a completed written
form; written authorization by the applicant and all adult
members of the applicant's household to conduct a criminal
background investigation; medical evidence in the form of a
medical report, on forms prescribed by the Department, that
the applicant and all members of the household are free from
communicable diseases or physical and mental conditions that
affect their ability to provide care for the child or
children; the names and addresses of at least 3 persons not
related to the applicant who can attest to the applicant's
moral character; and fingerprints submitted by the applicant
and all adult members of the applicant's household.
(c) The Department shall notify the public when a child
care institution, maternity center, or group home licensed by
the Department undergoes a change in (i) the range of care or
services offered at the facility, (ii) the age or type of
children served, or (iii) the area within the facility used
by children. The Department shall notify the public of the
change in a newspaper of general circulation in the county or
municipality in which the applicant's facility is or is
proposed to be located.
(d) If, upon examination of the facility and
investigation of persons responsible for care of children,
the Department is satisfied that the facility and responsible
persons reasonably meet standards prescribed for the type of
facility for which application is made, it shall issue a
license in proper form, designating on that license the type
of child care facility and, except for a child welfare
agency, the number of children to be served at any one time.
(Source: P.A. 89-21, eff. 7-1-95; 90-90, eff. 7-11-97.)
Section 20. The Abused and Neglected Child Reporting Act
is amended by changing Sections 7.16 and 8.2 as follows:
(325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
Sec. 7.16. For any investigation or appeal initiated on
or after, or pending on July 1, 1998, the following time
frames shall apply. Within 60 days after the notification of
the completion of the Child Protective Service Unit
investigation, determined by the date of the notification
sent by the Department, a subject of a report may request the
Department to amend the record or remove the record of the
report from the register. Such request shall be in writing
and directed to such person as the Department designates in
the notification. If the Department disregards shall
disregard any request not made in such manner. If the
Department refuses to do so or does not act within 10 30
days, the subject shall have the right to a hearing within
the Department to determine whether the record of the report
should be amended or removed on the grounds that it is
inaccurate or it is being maintained in a manner
inconsistent with this Act, except that there shall be no
such right to a hearing on the ground of the report's
inaccuracy if there has been a court finding of child abuse
or neglect, the report's accuracy being conclusively presumed
on such finding. Such hearing shall be held within a
reasonable time after the subject's request and at a
reasonable place and hour. The appropriate Child Protective
Service Unit shall be given notice of the hearing. In such
hearings, the burden of proving the accuracy and consistency
of the record shall be on the Department and the appropriate
Child Protective Service Unit. The hearing shall be conducted
by the Director or his designee, who is hereby authorized
and empowered to order the amendment or removal of the record
to make it accurate and consistent with this Act. The
decision shall be made, in writing, at the close of the
hearing, or within 45 30 days thereof, and shall state the
reasons upon which it is based. Decisions of the Department
under this Section are administrative decisions subject to
judicial review under the Administrative Review Law.
Should the Department grant the request of the subject of
the report pursuant to this Section either on administrative
review or after administrative hearing to amend an indicated
report to an unfounded report, the report shall be released
and expunged in accordance with the standards set forth in
Section 7.14 of this Act.
(Source: P.A. 90-15, eff. 6-13-97.)
(325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
Sec. 8.2. If the Child Protective Service Unit
determines, following an investigation made pursuant to
Section 7.4 of this Act, that there is credible evidence that
the child is abused or neglected, the Department shall assess
the family's need for services, and, as necessary, develop,
with the family, an appropriate service plan for the family's
voluntary acceptance or refusal. In any case where there is
evidence that the perpetrator of the abuse or neglect is an
addict or alcoholic as defined in the Alcoholism and Other
Drug Abuse and Dependency Act, the Department, when making
referrals for drug or alcohol abuse services, shall make such
referrals to facilities licensed by the Department of Human
Services or the Department of Public Health. The Department
shall comply with Section 8.1 by explaining its lack of legal
authority to compel the acceptance of services and may
explain its concomitant authority to petition the Circuit
court under the Juvenile Court Act of 1987 or refer the case
to the local law enforcement authority or State's attorney
for criminal prosecution.
For purposes of this Act, the term "family preservation
services" refers to all services to help families, including
adoptive and extended families. Family preservation services
shall be offered, where safe and appropriate, to prevent the
placement of children in substitute care when the children
can be cared for at home or in the custody of the person
responsible for the children's welfare without endangering
the children's health or safety, to reunite them with their
families if so placed when reunification is an appropriate
goal, or to maintain an adoptive placement. The term
"homemaker" includes emergency caretakers, homemakers,
caretakers, housekeepers and chore services. The term
"counseling" includes individual therapy, infant stimulation
therapy, family therapy, group therapy, self-help groups,
drug and alcohol abuse counseling, vocational counseling and
post-adoptive services. The term "day care" includes
protective day care and day care to meet educational,
prevocational or vocational needs. The term "emergency
assistance and advocacy" includes coordinated services to
secure emergency cash, food, housing and medical assistance
or advocacy for other subsistence and family protective
needs.
Before July 1, 2000, appropriate family preservation
services shall, subject to appropriation, be included in the
service plan if the Department has determined that those
services will ensure the child's health and safety, are in
the child's best interests, and will not place the child in
imminent risk of harm. Beginning July 1, 2000, appropriate
family preservation services shall be uniformly available
throughout the State. The Department shall promptly notify
children and families of the Department's responsibility to
offer and provide family preservation services as identified
in the service plan. Such plans may include but are not
limited to: case management services; homemakers; counseling;
parent education; day care; emergency assistance and advocacy
assessments; respite care; in-home health care;
transportation to obtain any of the above services; and
medical assistance. Nothing in this paragraph shall be
construed to create a private right of action or claim on the
part of any individual or child welfare agency.
The Department shall provide a preliminary report to the
General Assembly no later than January 1, 1991, in regard to
the provision of services authorized pursuant to this
Section. The report shall include:
(a) the number of families and children served, by
type of services;
(b) the outcome from the provision of such
services, including the number of families which remained
intact at least 6 months following the termination of
services;
(c) the number of families which have been subjects
of founded reports of abuse following the termination of
services;
(d) an analysis of general family circumstances in
which family preservation services have been determined
to be an effective intervention;
(e) information regarding the number of families in
need of services but unserved due to budget or program
criteria guidelines;
(f) an estimate of the time necessary for and the
annual cost of statewide implementation of such services;
(g) an estimate of the length of time before
expansion of these services will be made to include
families with children over the age of 6; and
(h) recommendations regarding any proposed
legislative changes to this program.
Each Department field office shall maintain on a local
basis directories of services available to children and
families in the local area where the Department office is
located.
The Department shall refer children and families served
pursuant to this Section to private agencies and governmental
agencies, where available.
Where there are 2 equal proposals from both a
not-for-profit and a for-profit agency to provide services,
the Department shall give preference to the proposal from the
not-for-profit agency.
No service plan shall compel any child or parent to
engage in any activity or refrain from any activity which 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.
(Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14,
eff. 7-1-97; 90-28, eff. 1-1-98.)
Section 25. The Vital Records Act is amended by changing
Section 8 as follows:
(410 ILCS 535/8) (from Ch. 111 1/2, par. 73-8)
Sec. 8. Each local registrar shall:
(1) Appoint one or more deputies to act for him in his
absence or to assist him. Such deputies shall be subject to
all rules and regulations governing local registrars.
(2) Appoint one or more subregistrars when necessary for
the convenience of the people. To become effective, such
appointments must be approved by the State Registrar of Vital
Records. A subregistrar shall exercise such authority as is
given him by the local registrar and is subject to the
supervision and control of the State Registrar of Vital
Records, and shall be liable to the same penalties as local
registrars, as provided in Section 27 of this Act.
(3) Administer and enforce the provisions of this Act
and the instructions, rules, and regulations issued
hereunder.
(4) Require that certificates be completed and filed in
accordance with the provisions of this Act and the rules and
regulations issued hereunder.
(5) Prepare and transmit monthly an accurate copy of
each record of live birth, death, and fetal death to the
county clerk of his county. He shall also, in the case of a
death of a person who was a resident of another county,
prepare an additional copy of the death record and transmit
it to the county clerk of the county in which such person was
a resident. In no case shall the county clerk's copy of a
live birth record include the section of the certificate
which contains information for health and statistical program
use only.
(6) (Blank).
(7) Prepare, file, and retain for a period of at least
10 years in his own office an accurate copy of each record of
live birth, death, and fetal death accepted for registration.
Only in those instances in which the local registrar is also
a full time city, village, incorporated town, public health
district, county, or multi-county health officer recognized
by the Department may the health and statistical data section
of the live birth record be made a part of this copy.
(8) Transmit monthly the certificates, reports, or other
returns filed with him to the State Registrar of Vital
Records, or more frequently when directed to do so by the
State Registrar of Vital Records.
(8.5) Transmit monthly to the State central register of
the Illinois Department of Children and Family Services a
copy of all death certificates of persons under 18 years of
age who have died within the month.
(9) Maintain such records, make such reports, and
perform such other duties as may be required by the State
Registrar of Vital Records.
(Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
Section 30. The Juvenile Court Act of 1987 is amended by
changing Sections 1-2, 1-3, 1-5, 2-13, 2-14, 2-15, 2-16,
2-17.1, 2-18, 2-21, 2-22, 2-23, 2-27, 2-28, 2-28.1, 2-29,
2-31, and 2-32 and adding Sections 2-13.1, 2-27.1, and 2-33
as follows:
(705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
Sec. 1-2. Purpose and policy.
(1) The purpose of this Act is to secure for each minor
subject hereto such care and guidance, preferably in his or
her own home, as will serve the safety and moral, emotional,
mental, and physical welfare of the minor and the best
interests of the community; to preserve and strengthen the
minor's family ties whenever possible, removing him or her
from the custody of his or her parents only when his or her
safety or welfare or the protection of the public cannot be
adequately safeguarded without removal; if the child is
removed from the custody of his or her parent, the Department
of Children and Family Services immediately shall consider
concurrent planning, as described in Section 5 of the
Children and Family Services Act so that permanency may occur
at the earliest opportunity; consideration should be given so
that if reunification fails or is delayed, the placement made
is the best available placement to provide permanency for the
child; and, when the minor is removed from his or her own
family, to secure for him or her custody, care and discipline
as nearly as possible equivalent to that which should be
given by his or her parents, and in cases where it should and
can properly be done to place the minor in a family home so
that he or she may become a member of the family by legal
adoption or otherwise. Provided that a ground for unfitness
under the Adoption Act can be met, it may be appropriate to
expedite termination of parental rights:
(a) when reasonable efforts are inappropriate, or
have been provided and were unsuccessful, and there are
aggravating circumstances including, but not limited to,
those cases in which (i) the a child or another child of
that child's parent a sibling of the child was (A)
abandoned, (B) tortured, or (C) chronically abused or
(ii) the parent is criminally convicted of (A) first
degree murder or second degree murder of any child, (B)
attempt or conspiracy to commit first degree murder or
second degree murder of any child, (C) solicitation to
commit murder, solicitation to commit murder for hire, or
solicitation to commit second degree murder of any child,
or aggravated assault in violation of subdivision (a)(13)
of Section 12-2 of the Criminal Code of 1961 or
accountability for the first or second degree murder of
any child, or (D) aggravated criminal sexual assault in
violation of Section 12-14(b)(1) of the Criminal Code of
1961; or
(b) when the parental rights of a parent with
respect to another child of the parent a sibling of the
child have been involuntarily terminated; or
(c) in those extreme cases in which the parent's
incapacity to care for the child, combined with an
extremely poor prognosis for treatment or rehabilitation,
justifies expedited termination of parental rights.
(2) In all proceedings under this Act the court may
direct the course thereof so as promptly to ascertain the
jurisdictional facts and fully to gather information bearing
upon the current condition and future welfare of persons
subject to this Act. This Act shall be administered in a
spirit of humane concern, not only for the rights of the
parties, but also for the fears and the limits of
understanding of all who appear before the court.
(3) In all procedures under this Act, the following
shall apply:
(a) The procedural rights assured to the minor
shall be the rights of adults unless specifically
precluded by laws which enhance the protection of such
minors.
(b) Every child has a right to services necessary
to his or her safety and proper development, including
health, education and social services.
(c) The parents' right to the custody of their
child shall not prevail when the court determines that it
is contrary to the health, safety, and best interests of
the child.
(4) This Act shall be liberally construed to carry out
the foregoing purpose and policy.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
eff. 8-16-97.)
(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. "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 5-13 that a minor is
delinquent are proved beyond a reasonable doubt.
(2) Adult. "Adult" means a person 21 years of age or
older.
(3) Agency. "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. "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) Best Interests. 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,
racial, 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
permanence for the child;
(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. "Chronic truant" shall have the
definition ascribed to it in Section 26-2a of the School
Code.
(5) Court. "Court" means the circuit court in a session
or division assigned to hear proceedings under this Act.
(6) Dispositional hearing. "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. "Emancipated minor" means any
minor 16 years of age or over who has been completely or
partially emancipated under the "Emancipation of Mature
Minors Act", enacted by the Eighty-First General Assembly, or
under this Act.
(8) Guardianship of the person. "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, 4-27 or 5-31.
(9) Legal custody. "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.
(10) Minor. "Minor" means a person under the age of 21
years subject to this Act.
(11) Parents. "Parent" means the father or mother of a
child and includes any adoptive parent. It also includes a
man (i) the father 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)(c) of Section 2-28 or
subsection (c) of Section 2-28.01 or in counties with a
population of 3,000,000 or more, a goal ordered by a judge.
(11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the permanency goal, (ii) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) (iii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) (iv) whether the
plan and goal have been achieved.
(12) Petition. "Petition" means the petition provided
for in Section 2-13, 3-15, 4-12 or 5-13, including any
supplemental petitions thereunder in Section 3-15, 4-12 or
5-13.
(13) Residual parental rights and responsibilities.
"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. "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. "Station adjustment" means the
informal handling of an alleged offender by a juvenile police
officer.
(16) Ward of the court. "Ward of the court" means a
minor who is so adjudged under Section 2-22, 3-23, 4-20 or
5-22, 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. "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 exists 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. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; revised
11-12-97.)
(705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
Sec. 1-5. Rights of parties to proceedings.
(1) Except as provided in this Section and paragraph (2)
of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
subject of the proceeding and his parents, guardian, legal
custodian or responsible relative who are parties respondent
have the right to be present, to be heard, to present
evidence material to the proceedings, to cross-examine
witnesses, to examine pertinent court files and records and
also, although proceedings under this Act are not intended to
be adversary in character, the right to be represented by
counsel. At the request of any party financially unable to
employ counsel, with the exception of a foster parent
permitted to intervene under this Section, the court shall
appoint the Public Defender or such other counsel as the case
may require. Counsel appointed for the minor and any indigent
party shall appear at all stages of the trial court
proceeding, and such appointment shall continue through the
permanency hearings and termination of parental rights
proceedings subject to withdrawal or substitution pursuant to
Supreme Court Rules or the Code of Civil Procedure. Following
the dispositional hearing, the court may require appointed
counsel, other than counsel for the minor or counsel for the
guardian ad litem, to withdraw his or her appearance upon
failure of the party for whom counsel was appointed under
this Section to attend any subsequent proceedings.
No hearing on any petition or motion filed under this Act
may be commenced unless the minor who is the subject of the
proceeding is represented by counsel. Each adult respondent
shall be furnished a written "Notice of Rights" at or before
the first hearing at which he or she appears.
(1.5) The Department shall maintain a system of response
to inquiry made by parents or putative parents as to whether
their child is under the custody or guardianship of the
Department; and if so, the Department shall direct the
parents or putative parents to the appropriate court of
jurisdiction, including where inquiry may be made of the
clerk of the court regarding the case number and the next
scheduled court date of the minor's case. Effective notice
and the means of accessing information shall be given to the
public on a continuing basis by the Department.
(2) (a) Though not appointed guardian or legal custodian
or otherwise made a party to the proceeding, any current or
previously appointed foster parent or relative caregiver, or
representative of an agency or association interested in the
minor has the right to be heard by the court, but does not
thereby become a party to the proceeding.
In addition to the foregoing right to be heard by the
court, any current foster parent or relative caregiver of a
minor and the agency designated by the court or the
Department of Children and Family Services as custodian of
the minor who is alleged to be or has been adjudicated an
abused or neglected minor under Section 2-3 or a dependent
minor under Section 2-4 of this Act has the right to and
shall be given adequate notice at all stages of any hearing
or proceeding under this Act wherein the custody or status of
the minor may be changed. Such notice shall contain a
statement regarding the nature and denomination of the
hearing or proceeding to be held, the change in custody or
status of the minor sought to be obtained at such hearing or
proceeding, and the date, time and place of such hearing or
proceeding. The Department of Children and Family Services
or the licensed child welfare agency that has placed the
minor with the foster parent shall notify the clerk of the
court of the name and address of the current foster parent.
The clerk shall mail the notice by certified mail marked for
delivery to addressee only. The regular return receipt for
certified mail is sufficient proof of service.
Any foster parent or relative caregiver who is denied his
or her right to be heard under this Section may bring a
mandamus action under Article XIV of the Code of Civil
Procedure against the court or any public agency to enforce
that right. The mandamus action may be brought immediately
upon the denial of those rights but in no event later than 30
days after the foster parent has been denied the right to be
heard.
(b) If after an adjudication that a minor is abused or
neglected as provided under Section 2-21 of this Act and a
motion has been made to restore the minor to any parent,
guardian, or legal custodian found by the court to have
caused the neglect or to have inflicted the abuse on the
minor, a foster parent may file a motion to intervene in the
proceeding for the sole purpose of requesting that the minor
be placed with the foster parent, provided that the foster
parent (i) is the current foster parent of the minor or (ii)
has previously been a foster parent for the minor for one
year or more, has a foster care license or is eligible for a
license, and is not the subject of any findings of abuse or
neglect of any child. The juvenile court may only enter
orders placing a minor with a specific foster parent under
this subsection (2)(b) and nothing in this Section shall be
construed to confer any jurisdiction or authority on the
juvenile court to issue any other orders requiring the
appointed guardian or custodian of a minor to place the minor
in a designated foster home or facility. This Section is not
intended to encompass any matters that are within the scope
or determinable under the administrative and appeal process
established by rules of the Department of Children and Family
Services under Section 5(o) of the Children and Family
Services Act. Nothing in this Section shall relieve the
court of its responsibility, under Section 2-14(a) of this
Act to act in a just and speedy manner to reunify families
where it is the best interests of the minor and the child can
be cared for at home without endangering the child's health
or safety and, if reunification is not in the best interests
of the minor, to find another permanent home for the minor.
Nothing in this Section, or in any order issued by the court
with respect to the placement of a minor with a foster
parent, shall impair the ability of the Department of
Children and Family Services, or anyone else authorized under
Section 5 of the Abused and Neglected Child Reporting Act, to
remove a minor from the home of a foster parent if the
Department of Children and Family Services or the person
removing the minor has reason to believe that the
circumstances or conditions of the minor are such that
continuing in the residence or care of the foster parent will
jeopardize the child's health and safety or present an
imminent risk of harm to that minor's life.
(c) If a foster parent has had the minor who is the
subject of the proceeding under Article II in his or her home
for more than one year on or after July 3, 1994 and if the
minor's placement is being terminated from that foster
parent's home, that foster parent shall have standing and
intervenor status except in those circumstances where the
Department of Children and Family Services or anyone else
authorized under Section 5 of the Abused and Neglected Child
Reporting Act has removed the minor from the foster parent
because of a reasonable belief that the circumstances or
conditions of the minor are such that continuing in the
residence or care of the foster parent will jeopardize the
child's health or safety or presents an imminent risk of harm
to the minor's life.
(d) The court may grant standing to any foster parent if
the court finds that it is in the best interest of the child
for the foster parent to have standing and intervenor status.
(3) Parties respondent are entitled to notice in
compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
and 4-15 or 5-15 and 5-16, as appropriate. At the first
appearance before the court by the minor, his parents,
guardian, custodian or responsible relative, the court shall
explain the nature of the proceedings and inform the parties
of their rights under the first 2 paragraphs of this Section.
If the child is alleged to be abused, neglected or
dependent, the court shall admonish the parents that if the
court declares the child to be a ward of the court and awards
custody or guardianship to the Department of Children and
Family Services, the parents must cooperate with the
Department of Children and Family Services, comply with the
terms of the service plans, and correct the conditions that
require the child to be in care, or risk termination of their
parental rights.
Upon an adjudication of wardship of the court under
Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
parties of their right to appeal therefrom as well as from
any other final judgment of the court.
When the court finds that a child is an abused,
neglected, or dependent minor under Section 2-21, the court
shall admonish the parents that the parents must cooperate
with the Department of Children and Family Services, comply
with the terms of the service plans, and correct the
conditions that require the child to be in care, or risk
termination of their parental rights.
When the court declares a child to be a ward of the court
and awards guardianship to the Department of Children and
Family Services under Section 2-22, the court shall admonish
the parents, guardian, custodian, or responsible relative
that the parents must cooperate with the Department of
Children and Family Services, comply with the terms of the
service plans, and correct the conditions that require the
child to be in care, or risk termination of their parental
rights.
(4) No sanction may be applied against the minor who is
the subject of the proceedings by reason of his refusal or
failure to testify in the course of any hearing held prior to
final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
(5) In the discretion of the court, the minor may be
excluded from any part or parts of a dispositional hearing
and, with the consent of the parent or parents, guardian,
counsel or a guardian ad litem, from any part or parts of an
adjudicatory hearing.
(6) The general public except for the news media and the
victim shall be excluded from any hearing and, except for the
persons specified in this Section only persons, including
representatives of agencies and associations, who in the
opinion of the court have a direct interest in the case or in
the work of the court shall be admitted to the hearing.
However, the court may, for the minor's safety and protection
and for good cause shown, prohibit any person or agency
present in court from further disclosing the minor's
identity.
(7) A party shall not be entitled to exercise the right
to a substitution of a judge without cause under subdivision
(a)(2) of Section 2-1001 of the Code of Civil Procedure in a
proceeding under this Act if the judge is currently assigned
to a proceeding involving the alleged abuse, neglect, or
dependency of the minor's sibling or half sibling and that
judge has made a substantive ruling in the proceeding
involving the minor's sibling or half sibling.
(Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
eff. 1-1-98.)
(705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
Sec. 2-13. Petition.
(1) Any adult person, any agency or association by its
representative may file, or the court on its own motion,
consistent with the health, safety and best interests of the
minor may direct the filing through the State's Attorney of a
petition in respect of a minor under this Act. The petition
and all subsequent court documents shall be entitled "In the
interest of ...., a minor".
(2) The petition shall be verified but the statements
may be made upon information and belief. It shall allege
that the minor is abused, neglected, or dependent, with
citations to the appropriate provisions of this Act, and set
forth (a) facts sufficient to bring the minor under Section
2-3 or 2-4 and to inform respondents of the cause of action,
including, but not limited to, a plain and concise statement
of the factual allegations that form the basis for the filing
of the petition; (b) the name, age and residence of the
minor; (c) the names and residences of his parents; (d) the
name and residence of his legal guardian or the person or
persons having custody or control of the minor, or of the
nearest known relative if no parent or guardian can be found;
and (e) if the minor upon whose behalf the petition is
brought is sheltered in custody, the date on which such
temporary custody was ordered by the court or the date set
for a temporary custody hearing. If any of the facts herein
required are not known by the petitioner, the petition shall
so state.
(3) The petition must allege that it is in the best
interests of the minor and of the public that he be adjudged
a ward of the court and may pray generally for relief
available under this Act. The petition need not specify any
proposed disposition following adjudication of wardship.
(4) If termination of parental rights and appointment of
a guardian of the person with power to consent to adoption of
the minor under Section 2-29 is sought, the petition shall so
state. If the petition includes this request, the prayer for
relief shall clearly and obviously state that the parents
could permanently lose their rights as a parent at this
hearing.
In addition to the foregoing, the petitioner, by motion,
may request the termination of parental rights and
appointment of a guardian of the person with power to consent
to adoption of the minor under Section 2-29 at any time after
the entry of a dispositional order under Section 2-22.
(4.5) (a) With respect to any minors committed to its
care pursuant to this Act, the Department of Children and
Family Services shall request the State's Attorney to file a
petition or motion for termination of parental rights and
appointment of guardian of the person with power to consent
to adoption of the minor under Section 2-29 if:
(i) a minor has been in foster care, as described
in subsection (b), for 15 months of the most recent 22
months; or
(ii) a minor under the age of 2 years has been
previously determined to be abandoned at an adjudicatory
hearing; or
(iii) the parent is criminally convicted of (A)
first degree murder or second degree murder of any child,
(B) attempt or conspiracy to commit first degree murder
or second degree murder of any child, (C) solicitation to
commit murder of any child, solicitation to commit murder
for hire of any child, or solicitation to commit second
degree murder of any child, (D) aggravated battery,
aggravated battery of a child, or felony domestic
battery, any of which has resulted in serious injury to
the minor or a sibling of the minor, (E) aggravated
criminal sexual assault in violation of subdivision
(b)(1) of Section 12-14 of the Criminal Code of 1961, or
(F) an offense in any other state the elements of which
are similar and bear a substantial relationship to any of
the foregoing offenses
unless:
(i) the child is being cared for by a relative,
(ii) the Department has documented in the case plan
a compelling reason for determining that filing such
petition would not be in the best interests of the child,
(iii) the court has found within the preceding 12
months that the Department has failed to make reasonable
efforts to reunify the child and family, or
(iv) paragraph (c) of this subsection (4.5)
provides otherwise.
(b) For purposes of this subsection, the date of
entering foster care is defined as the earlier of:
(1) The date of a judicial finding at an
adjudicatory hearing that the child is an abused,
neglected, or dependent minor; or
(2) 60 days after the date on which the child is
removed from his or her parent, guardian, or legal
custodian.
(c) With respect to paragraph (a)(i), the following
transition rules shall apply:
(1) If the child entered foster care after November
19, 1997 and this amendatory Act of 1998 takes effect
before the child has been in foster care for 15 months of
the preceding 22 months, then the Department shall comply
with the requirements of paragraph (a) of this subsection
(4.5) for that child as soon as the child has been in
foster care for 15 of the preceding 22 months.
(2) If the child entered foster care after November
19, 1997 and this amendatory Act of 1998 takes effect
after the child has been in foster care for 15 of the
preceding 22 months, then the Department shall comply
with the requirements of paragraph (a) of this subsection
(4.5) for that child within 3 months after the end of the
next regular session of the General Assembly.
(3) If the child entered foster care prior to
November 19, 1997, then the Department shall comply with
the requirements of paragraph (a) of this subsection
(4.5) for that child in accordance with Department policy
or rule.
(d) If the State's Attorney determines that the
Department's request for filing of a petition or motion
conforms to the requirements set forth in subdivisions (a),
(b), and (c) of this subsection (4.5), then the State's
Attorney shall file the petition or motion as requested.
(5) The court shall liberally allow the petitioner to
amend the petition to set forth a cause of action or to add,
amend, or supplement factual allegations that form the basis
for a cause of action up until 14 days before the
adjudicatory hearing. The petitioner may amend the petition
after that date and prior to the adjudicatory hearing if the
court grants leave to amend upon a showing of good cause. The
court may allow amendment of the petition to conform with the
evidence at any time prior to ruling. In all cases in which
the court has granted leave to amend based on new evidence or
new allegations, the court shall permit the respondent an
adequate opportunity to prepare a defense to the amended
petition.
(6) At any time before dismissal of the petition or
before final closing and discharge under Section 2-31, one or
more motions in the best interests of the minor may be filed.
The motion shall specify sufficient facts in support of the
relief requested.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
P.A. 90-443); 90-28, eff. 1-1-98.)
(705 ILCS 405/2-13.1 new)
Sec. 2-13.1. Early termination of reasonable efforts.
(1) (a) In conjunction with, or at any time subsequent
to, the filing of a petition on behalf of a minor in
accordance with Section 2-13 of this Act, the State's
Attorney, the guardian ad litem, or the Department of
Children and Family Services may file a motion requesting a
finding that reasonable efforts to reunify that minor with
his or her parent or parents are no longer required and are
to cease.
(b) The court shall grant this motion with respect to a
parent of the minor if the court finds after a hearing that
the parent has:
(i) had his or her parental rights to another child
of the parent involuntarily terminated; or
(ii) been convicted of:
(A) first degree or second degree murder of
another child of the parent;
(B) attempt or conspiracy to commit first
degree or second degree murder of another child of
the parent;
(C) solicitation to commit murder of another
child of the parent, solicitation to commit murder
for hire of another child of the parent, or
solicitation to commit second degree murder of
another child of the parent;
(D) aggravated battery, aggravated battery of
a child, or felony domestic battery, any of which
has resulted in serious bodily injury to the minor
or another child of the parent; or
(E) an offense in any other state the elements
of which are similar and bear substantial
relationship to any of the foregoing offenses
unless the court sets forth in writing a compelling reason
why terminating reasonable efforts to reunify the minor with
the parent would not be in the best interests of that minor.
(c) The court shall also grant this motion with respect
to a parent of the minor if:
(i) after a hearing it determines that further
reunification services would no longer be appropriate,
and
(ii) a dispositional hearing has already taken
place.
(2) (a) The court shall hold a permanency hearing within
30 days of granting a motion pursuant to this subsection. If
an adjudicatory or a dispositional hearing, or both, has not
taken place when the court grants a motion pursuant to this
Section, then either or both hearings shall be held as needed
so that both take place on or before the date a permanency
hearing is held pursuant to this subsection.
(b) Following a permanency hearing held pursuant to
paragraph (a) of this subsection, the appointed custodian or
guardian of the minor shall make reasonable efforts to place
the child in accordance with the permanency plan and goal set
by the court, and to complete the necessary steps to locate
and finalize a permanent placement.
(705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
Sec. 2-14. Date for Adjudicatory Hearing.
(a) Purpose and policy. The legislature recognizes that
serious delay in the adjudication of abuse, neglect, or
dependency cases can cause grave harm to the minor and the
family and that it frustrates the health, safety and best
interests of the minor and the effort to establish permanent
homes for children in need. The purpose of this Section is
to insure that, consistent with the federal Adoption
Assistance and Child Welfare Act of 1980, Public Law 96-272,
as amended, and the intent of this Act, the State of Illinois
will act in a just and speedy manner to determine the best
interests of the minor, including providing for the safety of
the minor, identifying families in need, reunifying families
where 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 reunification is not consistent with
the health, safety and best interests of the minor, finding
another permanent home for the minor.
(b) When a petition is filed alleging that the minor is
abused, neglected or dependent, an adjudicatory hearing shall
be commenced within 90 days of the date of service of process
upon the minor, parents, any guardian and any legal
custodian, unless an earlier date is required pursuant to
Section 2-13.1. Once commenced, subsequent delay in the
proceedings may be allowed by the court when necessary to
ensure a fair hearing.
(c) Upon written motion of a party filed no later than
10 days prior to hearing, or upon the court's own motion and
only for good cause shown, the Court may continue the hearing
for a period not to exceed 30 days, and only if the
continuance is consistent with the health, safety and best
interests of the minor. When the court grants a continuance,
it shall enter specific factual findings to support its
order, including factual findings supporting the court's
determination that the continuance is in the best interests
of the minor. Only one such continuance shall be granted. A
period of continuance for good cause as described in this
Section shall temporarily suspend as to all parties, for the
time of the delay, the period within which a hearing must be
held. On the day of the expiration of the delay, the period
shall continue at the point at which it was suspended.
The term "good cause" as applied in this Section shall be
strictly construed and be in accordance with Supreme Court
Rule 231 (a) through (f). Neither stipulation by counsel nor
the convenience of any party constitutes good cause. If the
adjudicatory hearing is not heard within the time limits
required by subsection (b) or (c) of this Section, upon
motion by any party the petition shall be dismissed without
prejudice.
(d) The time limits of this Section may be waived only
by consent of all parties and approval by the court.
(e) For all cases filed before July 1, 1991, an
adjudicatory hearing must, be held within 180 days of July 1,
1991.
(Source: P.A. 88-7; 90-28, eff. 1-1-98; 90-456, eff. 1-1-98;
revised 11-17-97.)
(705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
Sec. 2-15. Summons.
(1) When a petition is filed, the clerk of the court
shall issue a summons with a copy of the petition attached.
The summons shall be directed to the minor's legal guardian
or custodian and to each person named as a respondent in the
petition, except that summons need not be directed to a minor
respondent under 8 years of age for whom the court appoints a
guardian ad litem if the guardian ad litem appears on behalf
of the minor in any proceeding under this Act.
(2) The summons must contain a statement that the minor
or any of the respondents is entitled to have an attorney
present at the hearing on the petition, and that the clerk of
the court should be notified promptly if the minor or any
other respondent desires to be represented by an attorney but
is financially unable to employ counsel.
(3) The summons shall be issued under the seal of the
court, attested in and signed with the name of the clerk of
the court, dated on the day it is issued, and shall require
each respondent to appear and answer the petition on the date
set for the adjudicatory hearing. The summons shall contain
a notice that the parties will not be entitled to further
written notices or publication notices of proceedings in this
case, including the filing of an amended petition or a motion
to terminate parental rights, except as required by Supreme
Court Rule 11.
(4) The summons may be served by any county sheriff,
coroner or probation officer, even though the officer is the
petitioner. The return of the summons with endorsement of
service by the officer is sufficient proof thereof.
(5) Service of a summons and petition shall be made by:
(a) leaving a copy thereof with the person summoned at least
3 days before the time stated therein for appearance; (b)
leaving a copy at his usual place of abode with some person
of the family, of the age of 10 years or upwards, and
informing that person of the contents thereof, provided the
officer or other person making service shall also send a copy
of the summons in a sealed envelope with postage fully
prepaid, addressed to the person summoned at his usual place
of abode, at least 3 days before the time stated therein for
appearance; or (c) leaving a copy thereof with the guardian
or custodian of a minor, at least 3 days before the time
stated therein for appearance. If the guardian or custodian
is an agency of the State of Illinois, proper service may be
made by leaving a copy of the summons and petition with any
administrative employee of such agency designated by such
agency to accept service of summons and petitions. The
certificate of the officer or affidavit of the person that he
has sent the copy pursuant to this Section is sufficient
proof of service.
(6) When a parent or other person, who has signed a
written promise to appear and bring the minor to court or who
has waived or acknowledged service, fails to appear with the
minor on the date set by the court, a bench warrant may be
issued for the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition,
in any proceeding under this Act shall constitute a waiver of
service of summons and submission to the jurisdiction of the
court, except that the filing of a special appearance
authorized under Section 2-301 of the Code of Civil Procedure
does not constitute an appearance under this subsection. A
copy of the summons and petition shall be provided to the
person at the time of his appearance.
(8) Notice to a parent who has appeared or been served
with summons personally or by certified mail, and for whom an
order of default has been entered on the petition for
wardship and has not been set aside shall be provided in
accordance with Supreme Court Rule 11. Notice to a parent
who was served by publication and for whom an order of
default has been entered on the petition for wardship and has
not been set aside shall be provided in accordance with this
Section and Section 2-16.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
(705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
Sec. 2-16. Notice by certified mail or publication.
(1) If service on individuals as provided in Section
2-15 is not made on any respondent within a reasonable time
or if it appears that any respondent resides outside the
State, service may be made by certified mail. In such case
the clerk shall mail the summons and a copy of the petition
to that respondent by certified mail marked for delivery to
addressee only. The court shall not proceed with the
adjudicatory hearing until 5 days after such mailing. The
regular return receipt for certified mail is sufficient proof
of service.
(2) Where a respondent's usual place of abode is not
known, a diligent inquiry shall be made to ascertain the
respondent's current and last known address. The Department
of Children and Family Services shall adopt rules defining
the requirements for conducting a diligent search to locate
parents of minors in the custody of the Department. If, after
diligent inquiry made at any time within the preceding 12
months, the usual place of abode cannot be reasonably
ascertained, or if respondent is concealing his or her
whereabouts to avoid service of process, petitioner's
attorney shall file an affidavit at the office of the clerk
of court in which the action is pending showing that
respondent on due inquiry cannot be found or is concealing
his or her whereabouts so that process cannot be served. The
affidavit shall state the last known address of the
respondent. The affidavit shall also state what efforts were
made to effectuate service. Within 3 days of receipt of the
affidavit, the clerk shall issue publication service as
provided below. The clerk shall also send a copy thereof by
mail addressed to each respondent listed in the affidavit at
his or her last known address. The clerk of the court as soon
as possible shall cause publication to be made once in a
newspaper of general circulation in the county where the
action is pending. Notice by publication is not required in
any case when the person alleged to have legal custody of the
minor has been served with summons personally or by certified
mail, but the court may not enter any order or judgment
against any person who cannot be served with process other
than by publication unless notice by publication is given or
unless that person appears. When a minor has been sheltered
under Section 2-10 of this Act and summons has not been
served personally or by certified mail within 20 days from
the date of the order of court directing such shelter care,
the clerk of the court shall cause publication. Notice by
publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the named
respondents, if any) and to All Whom It May Concern (if there
is any respondent under that designation):
Take notice that on the .... day of ...., 19.. a
petition was filed under the Juvenile Court Act by .... in
the circuit court of .... county entitled 'In the interest of
...., a minor', and that in .... courtroom at .... on the
.... day of .... at the hour of ...., or as soon thereafter
as this cause may be heard, an adjudicatory hearing will be
held upon the petition to have the child declared to be a
ward of the court under that Act. THE COURT HAS AUTHORITY IN
THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND GUARDIANSHIP
OF THE MINOR, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO
APPOINT A GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU
MAY LOSE ALL PARENTAL RIGHTS TO YOUR CHILD. IF THE PETITION
REQUESTS THE TERMINATION OF YOUR PARENTAL RIGHTS AND THE
APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD. Unless you
appear you will not be entitled to further written notices or
publication notices of the proceedings in this case,
including the filing of an amended petition or a motion to
terminate parental rights.
Now, unless you appear at the hearing and show cause
against the petition, the allegations of the petition may
stand admitted as against you and each of you, and an order
or judgment entered.
......................
Clerk
Dated (the date of publication)"
(3) The clerk shall also at the time of the publication
of the notice send a copy thereof by mail to each of the
respondents on account of whom publication is made at his or
her last known address. The certificate of the clerk that he
or she has mailed the notice is evidence thereof. No other
publication notice is required. Every respondent notified by
publication under this Section must appear and answer in open
court at the hearing. The court may not proceed with the
adjudicatory hearing until 10 days after service by
publication on any parent, guardian or legal custodian in the
case of a minor described in Section 2-3 or 2-4.
(4) If it becomes necessary to change the date set for
the hearing in order to comply with Section 2-14 or with this
Section, notice of the resetting of the date must be given,
by certified mail or other reasonable means, to each
respondent who has been served with summons personally or by
certified mail.
(5) Notice to a parent who has appeared or been served
with summons personally or by certified mail, and for whom an
order of default has been entered on the petition for
wardship and has not been set aside shall be provided in
accordance with Supreme Court Rule 11. Notice to a parent
who was served by publication and for whom an order of
default has been entered on the petition for wardship and has
not been set aside shall be provided in accordance with this
Section and Section 2-15.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
(705 ILCS 405/2-17.1)
Sec. 2-17.1. Court appointed special advocate.
(1) The court may appoint a special advocate upon the
filing of a petition under this Article or at any time during
the pendency of a proceeding under this Article. Except in
counties with a population over 3,000,000, the court
appointed special advocate may also serve as guardian ad
litem by appointment of the court under Section 2-17 of this
Act.
(2) The court appointed special advocate shall act as a
monitor and shall be notified of all administrative case
reviews pertaining to the minor and work with the parties'
attorneys, the guardian ad litem, and others assigned to the
minor's case to protect the minor's health, safety and best
interests and insure the proper delivery of child welfare
services. The court may consider, at its discretion,
testimony of the court appointed special advocate pertaining
to the well-being of the child.
(3) Court appointed special advocates shall serve as
volunteers without compensation and shall receive training
consistent with nationally developed standards.
(4) No person convicted of a criminal offense as
specified in Section 4.2 of the Child Care Act of 1969 and no
person identified as a perpetrator of an act of child abuse
or neglect as reflected in the Department of Children and
Family Services State Central Register shall serve as a court
appointed special advocate.
(5) All costs associated with the appointment and duties
of the court appointed special advocate shall be paid by the
court appointed special advocate or an organization of court
appointed special advocates. In no event shall the court
appointed special advocate be liable for any costs of
services provided to the child.
(6) The court may remove the court appointed special
advocate or the guardian ad litem from a case upon finding
that the court appointed special advocate or the guardian ad
litem has acted in a manner contrary to the child's best
interest or if the court otherwise deems continued service is
unwanted or unnecessary.
(7) (a) In any county in which a program of court
appointed special advocates is in operation, the provisions
of this Section shall apply unless the county board of that
county, by resolution, determines that the county shall not
be governed by this Section.
(8) Any court appointed special advocate acting in good
faith within the scope of his or her appointment shall have
immunity from any civil or criminal liability that otherwise
might result by reason of his or her actions, except in cases
of willful and wanton misconduct. For the purpose of any
civil or criminal proceedings, the good faith of any court
appointed special advocate shall be presumed.
(Source: P.A. 90-28, eff. 1-1-98.)
(705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
Sec. 2-18. Evidence.
(1) At the adjudicatory hearing, the court shall first
consider only the question whether the minor is abused,
neglected or dependent. The standard of proof and the rules
of evidence in the nature of civil proceedings in this State
are applicable to proceedings under this Article. If the
petition also seeks the appointment of a guardian of the
person with power to consent to adoption of the minor under
Section 2-29, the court may also consider legally admissible
evidence at the adjudicatory hearing that one or more grounds
of unfitness exists under subdivision D of Section 1 of the
Adoption Act.
(2) In any hearing under this Act, the following shall
constitute prima facie evidence of abuse or neglect, as the
case may be:
(a) proof that a minor has a medical diagnosis of
battered child syndrome is prima facie evidence of abuse;
(b) proof that a minor has a medical diagnosis of
failure to thrive syndrome is prima facie evidence of
neglect;
(c) proof that a minor has a medical diagnosis of
fetal alcohol syndrome is prima facie evidence of
neglect;
(d) proof that a minor has a medical diagnosis at
birth of withdrawal symptoms from narcotics or
barbiturates is prima facie evidence of neglect;
(e) proof of injuries sustained by a minor or of
the condition of a minor of such a nature as would
ordinarily not be sustained or exist except by reason of
the acts or omissions of the parent, custodian or
guardian of such minor shall be prima facie evidence of
abuse or neglect, as the case may be;
(f) proof that a parent, custodian or guardian of a
minor repeatedly used a drug, to the extent that it has
or would ordinarily have the effect of producing in the
user a substantial state of stupor, unconsciousness,
intoxication, hallucination, disorientation or
incompetence, or a substantial impairment of judgment, or
a substantial manifestation of irrationality, shall be
prima facie evidence of neglect;
(g) proof that a parent, custodian, or guardian of
a minor repeatedly used a controlled substance, as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, in the presence of the minor
or a sibling of the minor is prima facie evidence of
neglect. "Repeated use", for the purpose of this
subsection, means more than one use of a controlled
substance as defined in subsection (f) of Section 102 of
the Illinois Controlled Substances Act;
(h) proof that a newborn infant's 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, or a metabolite of a
controlled substance, with the exception of controlled
substances or metabolites of those substances, the
presence of which is the result of medical treatment
administered to the mother or the newborn, is prime facie
evidence of neglect.
(3) In any hearing under this Act, proof of the abuse,
neglect or dependency of one minor shall be admissible
evidence on the issue of the abuse, neglect or dependency of
any other minor for whom the respondent is responsible.
(4) (a) Any writing, record, photograph or x-ray of any
hospital or public or private agency, whether in the form of
an entry in a book or otherwise, made as a memorandum or
record of any condition, act, transaction, occurrence or
event relating to a minor in an abuse, neglect or dependency
proceeding, shall be admissible in evidence as proof of that
condition, act, transaction, occurrence or event, if the
court finds that the document was made in the regular course
of the business of the hospital or agency and that it was in
the regular course of such business to make it, at the time
of the act, transaction, occurrence or event, or within a
reasonable time thereafter. A certification by the head or
responsible employee of the hospital or agency that the
writing, record, photograph or x-ray is the full and complete
record of the condition, act, transaction, occurrence or
event and that it satisfies the conditions of this paragraph
shall be prima facie evidence of the facts contained in such
certification. A certification by someone other than the
head of the hospital or agency shall be accompanied by a
photocopy of a delegation of authority signed by both the
head of the hospital or agency and by such other employee.
All other circumstances of the making of the memorandum,
record, photograph or x-ray, including lack of personal
knowledge of the maker, may be proved to affect the weight to
be accorded such evidence, but shall not affect its
admissibility.
(b) Any indicated report filed pursuant to the Abused
and Neglected Child Reporting Act shall be admissible in
evidence.
(c) Previous statements made by the minor relating to
any allegations of abuse or neglect shall be admissible in
evidence. However, no such statement, if uncorroborated and
not subject to cross-examination, shall be sufficient in
itself to support a finding of abuse or neglect.
(d) There shall be a rebuttable presumption that a minor
is competent to testify in abuse or neglect proceedings. The
court shall determine how much weight to give to the minor's
testimony, and may allow the minor to testify in chambers
with only the court, the court reporter and attorneys for the
parties present.
(e) The privileged character of communication between
any professional person and patient or client, except
privilege between attorney and client, shall not apply to
proceedings subject to this Article.
(f) Proof of the impairment of emotional health or
impairment of mental or emotional condition as a result of
the failure of the respondent to exercise a minimum degree of
care toward a minor may include competent opinion or expert
testimony, and may include proof that such impairment
lessened during a period when the minor was in the care,
custody or supervision of a person or agency other than the
respondent.
(5) In any hearing under this Act alleging neglect for
failure to provide education as required by law under
subsection (1) of Section 2-3, proof that a minor under 13
years of age who is subject to compulsory school attendance
under the School Code is a chronic truant as defined under
the School Code shall be prima facie evidence of neglect by
the parent or guardian in any hearing under this Act and
proof that a minor who is 13 years of age or older who is
subject to compulsory school attendance under the School Code
is a chronic truant shall raise a rebuttable presumption of
neglect by the parent or guardian. This subsection (5) shall
not apply in counties with 2,000,000 or more inhabitants.
(6) In any hearing under this Act, the court may take
judicial notice of prior sworn testimony or evidence admitted
in prior proceedings involving the same minor if (a) the
parties were either represented by counsel at such prior
proceedings or the right to counsel was knowingly waived and
(b) the taking of judicial notice would not result in
admitting hearsay evidence at a hearing where it would
otherwise be prohibited.
(Source: P.A. 88-343; 89-704, eff. 8-16-97 (changed from
1-1-98 by P.A. 90-443).)
(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
Sec. 2-21. Findings and adjudication.
(1) The court shall state for the record the manner in
which the parties received service of process and shall note
whether the return or returns of service, postal return
receipt or receipts for notice by certified mail, or
certificate or certificates of publication have been filed in
the court record. The court shall enter any appropriate
orders of default against any parent who has been properly
served in any manner and fails to appear.
No further service of process as defined in Sections 2-15
and 2-16 is required in any subsequent proceeding for a
parent who was properly served in any manner, except as
required by Supreme Court Rule 11.
The caseworker shall testify about the diligent search
conducted for the parent.
After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent.
If it finds that the minor is not such a person, the court
shall order the petition dismissed and the minor discharged.
The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.
If the court finds that the minor is abused, neglected,
or dependent, the court shall then determine and put in
writing the factual basis supporting that the determination,
and specify, to the extent possible, the acts or omissions or
both of each parent, guardian, or legal custodian that form
the basis of the court's findings of whether the abuse,
neglect, or dependency is the result of physical abuse to the
minor inflicted by a parent, guardian, or legal custodian.
That finding shall appear in the order of the court.
If the court finds that the child has been abused,
neglected or dependent, the court shall admonish the parents
that they must cooperate with the Department of Children and
Family Services, comply with the terms of the service plan,
and correct the conditions that require the child to be in
care, or risk termination of parental rights.
If the court determines that a person has inflicted
physical or sexual abuse upon a minor, the court shall report
that determination to the Department of State Police, which
shall include that information in its report to the President
of the school board for a school district that requests a
criminal background investigation of that person as required
under Section 10-21.9 or 34-18.5 of the School Code.
(2) If, pursuant to subsection (1) of this Section, the
court determines and puts in writing the factual basis
supporting the determination that the minor is either abused
or neglected or dependent, the court shall then set a time
not later than 30 days after the entry of the finding for a
dispositional hearing (unless an earlier date is required
pursuant to Section 2-13.1) to be conducted under Section
2-22 at which hearing the court shall determine whether it is
consistent with the health, safety and best interests of the
minor and the public that he be made a ward of the court. To
assist the court in making this and other determinations at
the dispositional hearing, the court may order that an
investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history
and condition, family situation and background, economic
status, education, occupation, history of delinquency or
criminality, personal habits, and any other information that
may be helpful to the court. The dispositional hearing may
be continued once for a period not to exceed 30 days if the
court finds that such continuance is necessary to complete
the dispositional report.
(3) The time limits of this Section may be waived only
by consent of all parties and approval by the court, as
determined to be consistent with the health, safety and best
interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be
held within 90 days of July 1, 1991.
(5) The court may terminate the parental rights of a
parent at the initial dispositional hearing if all of the
following conditions are met:
(i) the original or amended petition contains a
request for termination of parental rights and
appointment of a guardian with power to consent to
adoption; and
(ii) the court has found by a preponderance of
evidence, introduced or stipulated to at an adjudicatory
hearing, that the child comes under the jurisdiction of
the court as an abused, neglected, or dependent minor
under Section 2-18; and
(iii) the court finds, on the basis of clear and
convincing evidence admitted at the adjudicatory hearing
that the parent is an unfit person under subdivision D of
Section 1 of the Adoption Act; and
(iv) the court determines in accordance with the
rules of evidence for dispositional proceedings, that:
(A) it is in the best interest of the minor
and public that the child be made a ward of the
court;
(A-5) reasonable efforts under subsection
(l-1) of Section 5 of the Children and Family
Services Act are inappropriate or such efforts were
made and were unsuccessful; and
(B) termination of parental rights and
appointment of a guardian with power to consent to
adoption is in the best interest of the child
pursuant to Section 2-29.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
eff. 8-16-97; 90-566, eff. 1-2-98.)
(705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
Sec. 2-22. Dispositional hearing; evidence; continuance.
(1) At the dispositional hearing, the court shall
determine whether it is in the best interests of the minor
and the public that he be made a ward of the court, and, if
he is to be made a ward of the court, the court shall
determine the proper disposition best serving the health,
safety and interests of the minor and the public. The court
also shall consider the permanency goal set for the minor,
the nature of the service plan for the minor and the services
delivered and to be delivered under the plan. All evidence
helpful in determining these questions, including oral and
written reports, may be admitted and may be relied upon to
the extent of its probative value, even though not competent
for the purposes of the adjudicatory hearing.
(2) Notice in compliance with Supreme Court Rule 11 must
be given to all parties-respondent prior to proceeding to a
dispositional hearing. Before making an order of disposition
the court shall advise the State's Attorney, the parents,
guardian, custodian or responsible relative or their counsel
of the factual contents and the conclusions of the reports
prepared for the use of the court and considered by it, and
afford fair opportunity, if requested, to controvert them.
The court may order, however, that the documents containing
such reports need not be submitted to inspection, or that
sources of confidential information need not be disclosed
except to the attorneys for the parties. Factual contents,
conclusions, documents and sources disclosed by the court
under this paragraph shall not be further disclosed without
the express approval of the court pursuant to an in camera
hearing.
(3) A record of a prior continuance under supervision
under Section 2-20, whether successfully completed with
regard to the child's health, safety and best interest, or
not, is admissible at the dispositional hearing.
(4) On its own motion or that of the State's Attorney, a
parent, guardian, custodian, responsible relative or counsel,
the court may adjourn the hearing for a reasonable period to
receive reports or other evidence, if the adjournment is
consistent with the health, safety and best interests of the
minor, but in no event shall continuances be granted so that
the dispositional hearing occurs more than 6 months after the
initial removal of a minor from his or her home. In
scheduling investigations and hearings, the court shall give
priority to proceedings in which a minor has been removed
from his or her home before an order of disposition has been
made.
(5) Unless already set by the court, at the conclusion
of the dispositional hearing, the court shall set the date
for the first permanency hearing, to be conducted under
subsection (2) of Section 2-28 or subsection (c) of Section
2-28.01, which shall be held: (a) within 12 months from the
date temporary custody was taken, (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 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 no later
than 12 months after the minor is taken into temporary
custody or in counties with a population over 3,000,000, no
later than 12 months after the minor is taken into temporary
custody.
(6) When the court declares a child to be a ward of the
court and awards guardianship to the Department of Children
and Family Services, (a) the court shall admonish the
parents, guardian, custodian or responsible relative that the
parents must cooperate with the Department of Children and
Family Services, comply with the terms of the service plans,
and correct the conditions which require the child to be in
care, or risk termination of their parental rights; and.
(b) the court shall inquire of the parties of any intent to
proceed with termination of parental rights of a parent:
(A) whose identity still remains unknown;
(B) whose whereabouts remain unknown; or
(C) who was found in default at the adjudicatory
hearing and has not obtained an order setting aside the
default in accordance with Section 2-1301 of the Code of
Civil Procedure.
(Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87,
eff. 9-1-97; revised 11-12-97.)
(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
Sec. 2-23. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be
made in respect of wards of the court:
(a) A minor under 18 years of age found to be
neglected or abused under Section 2-3 or dependent under
Section 2-4 may be (1) continued in the custody of his or
her parents, guardian or legal custodian; (2) placed in
accordance with Section 2-27; (3) restored to the custody
of the parent, parents, guardian, or legal custodian,
provided the court shall order the parent, parents,
guardian, or legal custodian 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 the possible termination of
their parental rights; or (4) (3) ordered partially or
completely emancipated in accordance with the provisions
of the Emancipation of Mature Minors Act.
However, in any case in which a minor is found by
the court to be neglected or abused under Section 2-3 of
this Act, custody of the minor shall not be restored to
any parent, guardian or legal custodian whose acts or
omissions or both have been identified, pursuant to
subsection (1) of Section 2-21, as forming the basis for
the court's finding of abuse or neglect found by the
court to have caused the neglect or to have inflicted the
abuse on the minor, unless it is in the best interests of
the minor, until such time as a hearing is held on the
issue of the best interests of the minor and the fitness
of such parent, guardian or legal custodian to care for
the minor without endangering the minor's health or
safety, and the court enters an order that such parent,
guardian or legal custodian is fit to care for the minor.
(b) A minor under 18 years of age found to be
dependent under Section 2-4 may be (1) placed in
accordance with Section 2-27 or (2) ordered partially or
completely emancipated in accordance with the provisions
of the Emancipation of Mature Minors Act.
However, in any case in which a minor is found by
the court to be dependent under Section 2-4 of this Act
and the court has made a further finding under paragraph
(2) of Section 2-21 that such dependency is the result of
physical abuse, custody of the minor shall not be
restored to any parent, guardian or legal custodian whose
acts or omissions or both have been identified, pursuant
to subsection (1) of Section 2-21, as forming the basis
for the court's finding of dependency, found by the court
to have inflicted physical abuse on the minor until such
time as a hearing is held on the issue of the fitness of
such parent, guardian or legal custodian to care for the
minor without endangering the minor's health or safety,
and the court enters an order that such parent, guardian
or legal custodian is fit to care for the minor.
(c) When the court awards guardianship to the
Department of Children and Family Services, the court
shall order the parents to cooperate with the Department
of Children and Family Services, comply with the terms of
the service plans, and correct the conditions that
require the child to be in care, or risk termination of
their parental rights.
(d) 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 the possible termination of their parental
rights.
(2) Any order of disposition may provide for protective
supervision under Section 2-24 and may include an order of
protection under Section 2-25.
Unless the order of disposition expressly so provides, it
does not operate to close proceedings on the pending
petition, but is subject to modification, not inconsistent
with Section 2-28 or 2-28.01, whichever is applicable, until
final closing and discharge of the proceedings under Section
2-31.
(3) The court also shall enter any other orders
necessary to fulfill the service plan, including, but not
limited to, (i) orders requiring parties to cooperate with
services, (ii) restraining orders controlling the conduct of
any party likely to frustrate the achievement of the goal,
and (iii) visiting orders. Unless otherwise specifically
authorized by law, the court is not empowered under this
subsection (3) to order specific placements, specific
services, or specific service providers to be included in the
plan. If the court concludes that the Department of Children
and Family Services has abused its discretion in setting the
current service plan or permanency goal for the minor, the
court shall enter specific findings in writing based on the
evidence and shall enter an order for the Department to
develop and implement a new permanency goal and service plan
consistent with the court's findings. The new service plan
shall be filed with the court and served on all parties. The
court shall continue the matter until the new service plan is
filed.
(4) In addition to any other order of disposition, the
court may order any minor adjudicated neglected with respect
to his or her own injurious behavior to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentence hearing" referred to therein shall be
the dispositional hearing for purposes of this Section. The
parent, guardian or legal custodian of the minor may pay some
or all of such restitution on the minor's behalf.
(5) Any order for disposition where the minor is
committed or placed in accordance with Section 2-27 shall
provide for the parents or guardian of the estate of such
minor to pay to the legal custodian or guardian of the person
of the minor such sums as are determined by the custodian or
guardian of the person of the minor as necessary for the
minor's needs. Such payments may not exceed the maximum
amounts provided for by Section 9.1 of the Children and
Family Services Act.
(6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) The court may terminate the parental rights of a
parent at the initial dispositional hearing if all of the
conditions in subsection (5) of Section 2-21 are met.
(Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95;
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised 11-12-97.)
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
Sec. 2-27. Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the
factual basis supporting the determination of whether the
parents, guardian, or legal custodian of a minor adjudged a
ward of the court are unfit or are unable, for some reason
other than financial circumstances alone, to care for,
protect, train or discipline the minor or are unwilling to do
so, and that the health, safety, and best interest of the
minor will be jeopardized if the minor remains in the custody
of his or her parents, guardian or custodian, the court may
at this hearing and at any later point:
(a) place the minor in the custody of a suitable
relative or other person as legal custodian or guardian;
(a-5) with the approval of the Department of
Children and Family Services, place the minor in the
subsidized guardianship of a suitable relative or other
person as legal guardian; "subsidized guardianship" means
a private guardianship arrangement for children for whom
the permanency goals of return home and adoption have
been ruled out and who meet the qualifications for
subsidized guardianship as defined by the Department of
Children and Family Services in administrative rules;
(b) place the minor under the guardianship of a
probation officer;
(c) commit the minor to an agency for care or
placement, except an institution under the authority of
the Department of Corrections or of the Department of
Children and Family Services;
(d) commit the minor to the Department of Children
and Family Services for care and service; however, a
minor charged with a criminal offense under the Criminal
Code of 1961 or adjudicated delinquent shall not be
placed in the custody of or committed to the Department
of Children and Family Services by any court, except a
minor less than 13 years of age and committed to the
Department of Children and Family Services under Section
5-23 of this Act. The Department shall be given due
notice of the pendency of the action and the Guardianship
Administrator of the Department of Children and Family
Services shall be appointed guardian of the person of the
minor. Whenever the Department seeks to discharge a minor
from its care and service, the Guardianship Administrator
shall petition the court for an order terminating
guardianship. The Guardianship Administrator may
designate one or more other officers of the Department,
appointed as Department officers by administrative order
of the Department Director, authorized to affix the
signature of the Guardianship Administrator to documents
affecting the guardian-ward relationship of children for
whom he or she has been appointed guardian at such times
as he or she is unable to perform the duties of his or
her office. The signature authorization shall include but
not be limited to matters of consent of marriage,
enlistment in the armed forces, legal proceedings,
adoption, major medical and surgical treatment and
application for driver's license. Signature
authorizations made pursuant to the provisions of this
paragraph shall be filed with the Secretary of State and
the Secretary of State shall provide upon payment of the
customary fee, certified copies of the authorization to
any court or individual who requests a copy.
(1.5) In making a determination under this Section, the
court shall also consider whether, based on health, safety,
and the best interests of the minor,
(a) appropriate services aimed at family
preservation and family reunification have been
unsuccessful in rectifying the conditions that have led
to a finding of unfitness or inability to care for,
protect, train, or discipline the minor, or
(b) no family preservation or family reunification
services would be appropriate,
and if the petition or amended petition contained an
allegation that the parent is an unfit person as defined in
subdivision (D) of Section 1 of the Adoption Act, and the
order of adjudication recites that parental unfitness was
established by clear and convincing evidence, the court
shall, when appropriate and in the best interest of the
minor, enter an order terminating parental rights and
appointing a guardian with power to consent to adoption in
accordance with Section 2-29.
When making a placement, the court, wherever possible,
shall require the Department of Children and Family Services
to select a person holding the same religious belief as that
of the minor or a private agency controlled by persons of
like religious faith of the minor and shall require the
Department to otherwise comply with Section 7 of the Children
and Family Services Act in placing the child. In addition,
whenever alternative plans for placement are available, the
court shall ascertain and consider, to the extent appropriate
in the particular case, the views and preferences of the
minor.
(2) When a minor is placed with a suitable relative or
other person pursuant to item (a) of subsection (1), the
court shall appoint him or her the legal custodian or
guardian of the person of the minor. When a minor is
committed to any agency, the court shall appoint the proper
officer or representative thereof as legal custodian or
guardian of the person of the minor. Legal custodians and
guardians of the person of the minor have the respective
rights and duties set forth in subsection (9) of Section 1-3
except as otherwise provided by order of court; but no
guardian of the person may consent to adoption of the minor
unless that authority is conferred upon him or her in
accordance with Section 2-29. An agency whose representative
is appointed guardian of the person or legal custodian of the
minor may place the minor in any child care facility, but the
facility must be licensed under the Child Care Act of 1969 or
have been approved by the Department of Children and Family
Services as meeting the standards established for such
licensing. No agency may place a minor adjudicated under
Sections 2-3 or 2-4 in a child care facility unless the
placement is in compliance with the rules and regulations for
placement under this Section promulgated by the Department of
Children and Family Services under Section 5 of the Children
and Family Services Act. Like authority and restrictions
shall be conferred by the court upon any probation officer
who has been appointed guardian of the person of a minor.
(3) No placement by any probation officer or agency
whose representative is appointed guardian of the person or
legal custodian of a minor may be made in any out of State
child care facility unless it complies with the Interstate
Compact on the Placement of Children. Placement with a
parent, however, is not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal
custodian or guardian of the person a certified copy of the
order of court, as proof of his authority. No other process
is necessary as authority for the keeping of the minor.
(5) Custody or guardianship granted under this Section
continues until the court otherwise directs, but not after
the minor reaches the age of 19 years except as set forth in
Section 2-31.
(6) (Blank). At the dispositional hearing, the court
shall consider whether it is appropriate for a motion to be
filed to terminate parental rights and appoint a guardian
with power to consent to adoption with regard to a parent:
(A) whose identity still remains unknown;
(B) whose whereabouts remain unknown;
(C) who was found in default at the adjudicatory
hearing and has not obtained an order setting aside the
default in accordance with Section 2-1301 of the Code of
Civil Procedure.
Notice to a parent for whom an order of default has been
entered on the petition for wardship and has not been set
aside shall be provided in accordance with Sections 2-15 and
2-16. If a parent's identity or whereabouts are unknown, and
a diligent inquiry for such parent has been made at any time
within the preceding 12 months, no further inquiry is
required to support notice by publication.
If the court determines such a motion to be appropriate,
it may order the motion to be filed. The court, upon motion,
may enter an order terminating parental rights upon
appropriate finding and appoint a guardian with power to
consent to adoption in accordance with this subsection before
or at the first permanency hearing.
(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff.
8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
8-22-97; revised 11-17-97.)
(705 ILCS 405/2-27.1 new)
Sec. 2-27.1. Placement; secure child care facility.
(1) A minor under 18 years of age and who is subject
under Article II of this Act to a secure child care facility
may be admitted to a secure child care facility for inpatient
treatment upon application to the facility director if, prior
to admission, the facility director and the Director of the
Department of Children and Family Services or the Director's
designate find that: the minor has a mental illness or
emotional disturbance, including but not limited to a
behavior disorder, of such severity that placement in a
secure child care facility is necessary because in the
absence of such a placement, the minor is likely to endanger
self or others or not meet his or her basic needs and this
placement is the least restrictive alternative. Prior to
admission, a psychiatrist, clinical social worker, or
clinical psychologist who has personally examined the minor
shall state in writing that the minor meets the standards for
admission. The statement must set forth in detail the reasons
for that conclusion and shall indicate what alternatives to
secure treatment have been explored. When the minor is placed
in a child care facility which includes a secure child care
facility in addition to a less restrictive setting, and the
application for admission states that the minor will be
permanently placed in the less restrictive setting of the
child care facility as part of his or her permanency plan
after the need for secure treatment has ended, the
psychiatrist, clinical social worker, or clinical
psychologist shall state the reasons for the minor's need to
be placed in secure treatment, the conditions under which the
minor may be placed in the less restrictive setting of the
facility, and the conditions under which the minor may need
to be returned to secure treatment.
(2) The application for admission under this Section
shall contain, in large bold-face type, a statement written
in simple non-technical terms of the minor's right to object
and the right to a hearing. A minor 12 years of age or older
must be given a copy of the application and the statement
should be explained to him or her in an understandable
manner. A copy of the application shall also be given to the
person who executed it, the designate of the Director of the
Department of Children and Family Services, the minor's
parent, the minor's attorney, and, if the minor is 12 years
of age or older, 2 other persons whom the minor may
designate, excluding persons whose whereabouts cannot
reasonably be ascertained.
(3) Thirty days after admission, the facility director
shall review the minor's record and assess the need for
continuing placement in a secure child care facility. When
the minor has been placed in a child care facility which
includes a secure child care facility in addition to a less
restrictive setting, and the application for admission states
that the minor will be permanently placed in the less
restrictive setting of the child care facility as part of his
or her permanency plan after the need for secure treatment
has ended, the facility director shall review the stated
reasons for the minor's need to be placed in secure
treatment, the conditions under which the minor may be placed
in the less restrictive setting of the facility, and the
conditions under which the minor may need to be returned to
secure treatment. The director of the facility shall consult
with the designate of the Director of the Department of
Children and Family Services and request authorization for
continuing placement of the minor. Request and authorization
should be noted in the minor's record. Every 60 days
thereafter a review shall be conducted and new authorization
shall be secured from the designate for as long as placement
continues. Failure or refusal to authorize continued
placement shall constitute a request for the minor's
discharge.
(4) At any time during a minor's placement in a secure
child care facility, an objection may be made to that
placement by the minor, the minor's parents (except where
parental rights have been terminated), the minor's guardian
ad litem, or the minor's attorney. When an objection is
made, the minor shall be discharged at the earliest
appropriate time not to exceed 15 days, including Saturdays,
Sundays, and holidays unless the objection is withdrawn in
writing or unless, within that time, the Director or his or
her designate files with the Court a petition for review of
the admission. The petition must be accompanied by a
certificate signed by a psychiatrist, clinical social worker,
or clinical psychologist. The certificate shall be based
upon a personal examination and shall specify that the minor
has a mental illness or an emotional disturbance of such
severity that placement in a secure facility is necessary,
that the minor can benefit from the placement, that a less
restrictive alternative is not appropriate, and that the
placement is in the minor's best interest.
(5) Upon receipt of a petition, the court shall set a
hearing to be held within 5 days, excluding Saturdays,
Sundays, and holidays. The court shall direct that notice of
the time and place of the hearing shall be served upon the
minor, his or her attorney and the minor's guardian ad litem,
the Director of the Department of Children and Family
Services or his or her designate, the State's Attorney, and
the attorney for the parents.
(6) The court shall order the minor discharged from the
secure child care facility if it determines that the minor
does not have a mental illness or emotional disturbance of
such severity that placement in a secure facility is
necessary, or if it determines that a less restrictive
alternative is appropriate.
(7) If however, the court finds that the minor does have
a mental illness or an emotional disturbance for which the
minor is likely to benefit from treatment but that a less
restrictive alternative is appropriate, the court shall order
that the Department of Children and Family Services prepare a
case plan for the minor which permits alternative treatment
which is capable of providing adequate and humane treatment
in the least restrictive setting that is appropriate to the
minor's condition and serves the minor's best interests, and
shall authorize the continued placement of the minor in the
secure child care facility. At each permanency hearing
conducted thereafter, the court shall determine whether the
minor does not have a mental illness or emotional disturbance
of such severity that placement in a secure facility is
necessary or, if a less restrictive alternative is
appropriate. If either of these 2 conditions are not met,
the court shall order the minor discharged from the secure
child care facility.
(8) Unwillingness or inability of the Department of
Children and Family Services to find a placement for the
minor shall not be grounds for the court's refusing to order
discharge of the minor.
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review in counties with a population
under 3,000,000.
(0.5) This Section applies in counties with a population
under 3,000,000.
(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, 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, or abuse,
or dependency is found by the court under paragraph (1) (2)
of Section 2-21 of this Act to have come about due to the
acts or omissions or both of be the result of physical abuse
inflicted on the minor by 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.
(2) In counties under 3,000,000 population, The first
permanency hearing hearings shall be conducted by the judge.
In counties with a population of 3,000,000 or more, the first
permanency hearing shall be conducted by a 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, (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 on 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 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. 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 ruled
out.
(F) The minor over age 12 will be in substitute
care pending independence.
(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 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 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, but shall provide services
consistent with the goal selected.
The court shall set a consider the following factors when
setting the permanency goal that is in the best interest of
the child. The court's determination shall include the
following factors:
(1) Age of the child.
(2) Options available for permanence.
(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.
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. Unless otherwise
specifically authorized by law, the court is not empowered
under this subsection (2) or under subsection (3) to order
specific placements, specific services, or specific service
providers to be included in the 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.
(3) Following the permanency hearing, the court shall
enter a written order that includes the determinations
required under subsection (2) of this Section 2-28, 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 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).
Any order entered pursuant to this subsection (3) shall
be immediately appealable as a matter of right under Supreme
Court Rule 304(b)(1).
(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, State's Attorney 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 and the
Department of Children and Family Services.
(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.
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, or abuse, or dependency is found by the court
under paragraph (1) (2) of Section 2-21 of this Act to have
come about due to the acts or omissions or both of be the
result of physical abuse inflicted on the minor by such
parent, guardian or legal custodian, until such time as an
investigation is made as provided in paragraph (5) (4) 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, or 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 1-10 of this
Act.
(Source: P.A. 89-17, eff. 5-31-95; 89-21, eff. 7-1-95;
89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98;
90-87, eff. 9-1-97; revised 11-12-97.)
(705 ILCS 405/2-28.1)
Sec. 2-28.1. Permanency hearings; before hearing
officers.
(a) The chief judge of the circuit court may appoint
hearing officers to conduct the permanency hearings set forth
in subsection (2) of Section 2-28 or subsection (c) of
Section 2-28.01 of this Act, in accordance with the
provisions of this Section. The hearing officers shall be
attorneys with at least 3 years experience in child abuse and
neglect or permanency planning and in counties with a
population of 3,000,000 or more, any hearing officer
appointed after September 1, 1997, must be an attorney
admitted to practice for at least 7 years. Once trained by
the court, hearing officers shall be authorized to do the
following:
(1) Conduct a fair and impartial hearing.
(2) Summon and compel the attendance of witnesses.
(3) Administer the oath or affirmation and take
testimony under oath or affirmation.
(4) Require the production of evidence relevant to
the permanency hearing to be conducted. That evidence
may include, but need not be limited to case plans,
social histories, medical and psychological evaluations,
child placement histories, visitation records, and other
documents and writings applicable to those items.
(5) Rule on the admissibility of evidence using the
standard applied at a dispositional hearing under Section
2-22 of this Act.
(6) When necessary, cause notices to be issued
requiring parties, the public agency that is custodian or
guardian of the minor, or another agency responsible for
the minor's care to appear either before the hearing
officer or in court.
(7) Analyze the evidence presented to the hearing
officer and prepare written recommended orders, including
findings of fact, based on the evidence.
(8) Prior to the hearing, conduct any pre-hearings
that may be necessary.
(9) Conduct in camera interviews with children when
requested by a child or the child's guardian ad litem.
In counties with a population of 3,000,000 or more, hearing
officers shall also be authorized to do the following:
(i) (1) (10) Accept specific consents for adoption
or surrenders of parental rights from a parent or
parents.
(ii) (2) (11) Conduct hearings on the progress made
toward the permanency goal set for the minor.
(iii) (3) (12) Perform other duties as assigned by
the court.
(b) The hearing officer shall consider evidence and
conduct the permanency hearings as set forth in subsections
(2) and (3) of Section 2-28 or subsection (c) of Section
2-28.01 of this Act in accordance with the standards set
forth therein. The hearing officer shall assure that a
verbatim record of the proceedings is made and retained for a
period of 12 months or until the next permanency hearing,
whichever date is later, and shall direct to the clerk of the
court all documents and evidence to be made part of the court
file. The hearing officer shall inform the participants of
their individual rights and responsibilities. The hearing
officer shall identify the issues to be reviewed under
subsection (2) of Section 2-28 or subsection (c) of Section
2-28.01, consider all relevant facts, and receive or request
any additional information necessary to make recommendations
to the court.
If a party fails to appear at the hearing, the hearing
officer may proceed to the permanency hearing with the
parties present at the hearing. The hearing officer shall
specifically note for the court the absence of any parties.
If all parties are present at the permanency hearing, and the
parties and the Department are in agreement that the service
plan and permanency goal are appropriate or are in agreement
that the permanency goal for the child has been achieved, the
hearing officer shall prepare a recommended order, including
findings of fact, to be submitted to the court, and all
parties and the Department shall sign the recommended order
at the time of the hearing. The recommended order will then
be submitted to the court for its immediate consideration and
the entry of an appropriate order.
The court may enter an order consistent with the
recommended order without further hearing or notice to the
parties, may refer the matter to the hearing officer for
further proceedings, or may hold such additional hearings as
the court deems necessary. All parties present at the
hearing and the Department shall be tendered a copy of the
court's order at the conclusion of the hearing.
(c) If one or more parties are not present at the
permanency hearing, or any party or the Department of
Children and Family Services objects to the hearing officer's
recommended order, including any findings of fact, the
hearing officer shall set the matter for a judicial
determination within 30 days of the permanency hearing for
the entry of the recommended order or for receipt of the
parties' objections. Any objections shall be in writing and
identify the specific findings or recommendations that are
contested, the basis for the objections, and the evidence or
applicable law supporting the objection. The recommended
order and its contents may not be disclosed to anyone other
than the parties and the Department or other agency unless
otherwise specifically ordered by a judge of the court.
Following the receipt of objections consistent with this
subsection from any party or the Department of Children and
Family Services to the hearing officer's recommended orders,
the court shall make a judicial determination of those
portions of the order to which objections were made, and
shall enter an appropriate order. The court may refuse to
review any objections that fail to meet the requirements of
this subsection.
(d) The following are judicial functions and shall be
performed only by a circuit judge or associate judge:
(1) Review of the recommended orders of the hearing
officer and entry of orders the court deems appropriate.
(2) Conduct of judicial hearings on all pre-hearing
motions and other matters that require a court order and
entry of orders as the court deems appropriate.
(3) Conduct of judicial determinations on all
matters in which the parties or the Department of
Children and Family Services disagree with the hearing
officer's recommended orders under subsection (3).
(4) Issuance of rules to show cause, conduct of
contempt proceedings, and imposition of appropriate
sanctions or relief.
(Source: P.A. 89-17, eff. 5-31-95; 90-27, eff. 1-1-98; 90-28,
eff. 1-1-98; 90-87, eff. 9-1-97; revised 11-12-97.)
(705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
Sec. 2-29. Adoption; appointment of guardian with power
to consent.
(1) With leave of the court, a minor who is the subject
of an abuse, neglect, or dependency petition under this Act
may be the subject of a petition for adoption under the
Adoption Act.
(1.1) The parent or parents of a child in whose interest
a petition under Section 2-13 of this Act is pending may, in
the manner required by the Adoption Act, (a) surrender him or
her for adoption to an agency legally authorized or licensed
to place children for adoption, (b) consent to his or her
adoption, or (c) consent to his or her adoption by a
specified person or persons. Nothing in this Section requires
that the parent or parents execute the surrender, consent, or
consent to adoption by a specified person in open court.
(2) If a petition or motion alleges and the court finds
that it is in the best interest of the minor that parental
rights be terminated and the petition or motion requests that
a guardian of the person be appointed and authorized to
consent to the adoption of the minor, the court, with the
consent of the parents, if living, or after finding, based
upon clear and convincing evidence, that a parent is an unfit
person as defined in Section 1 of the Adoption Act, may
terminate parental rights and empower the guardian of the
person of the minor, in the order appointing him or her as
such guardian, to appear in court where any proceedings for
the adoption of the minor may at any time be pending and to
consent to the adoption. Such consent is sufficient to
authorize the court in the adoption proceedings to enter a
proper order or judgment of adoption without further notice
to, or consent by, the parents of the minor. An order so
empowering the guardian to consent to adoption deprives the
parents of the minor of all legal rights as respects the
minor and relieves them of all parental responsibility for
him or her, and frees the minor from all obligations of
maintenance and obedience to his or her natural parents.
If the minor is over 14 years of age, the court may, in
its discretion, consider the wishes of the minor in
determining whether the best interests of the minor would be
promoted by the finding of the unfitness of a non-consenting
parent.
(2.1) Notice to a parent who has appeared or been served
with summons personally or by certified mail, and for whom an
order of default has been entered on the petition for
wardship and has not been set aside shall be provided in
accordance with Supreme Court Rule 11. Notice to a parent
who was served by publication and for whom an order of
default has been entered on the petition for wardship and has
not been set aside shall be provided in accordance with
Sections 2-15 and 2-16.
(3) Parental consent to the order terminating parental
rights and authorizing the guardian of the person to consent
to adoption of the minor shall be made in open court whenever
possible and otherwise must be in writing and signed in the
form provided in the Adoption Act, but no names of
petitioners for adoption need be included.
(4) A finding of the unfitness of a parent must be made
in compliance with the Adoption Act, without regard to the
likelihood that the child will be placed for adoption, and be
based upon clear and convincing evidence. Provisions of the
Adoption Act relating to minor parents and to mentally ill or
mentally deficient parents apply to proceedings under this
Section and any findings with respect to such parents shall
be based upon clear and convincing evidence.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97.)
(705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
Sec. 2-31. Duration of wardship and discharge of
proceedings.
(1) All proceedings under this Act in respect of any
minor for whom a petition was filed after the effective date
of this amendatory Act of 1991 automatically terminate upon
his attaining the age of 19 years, except that a court may
continue the wardship of a minor until age 21 for good cause
when there is satisfactory evidence presented to the court
and the court makes written factual findings that the health,
safety, and best interest of the minor and the public require
the continuation of the wardship.
(2) Whenever the court determines, and makes written
factual findings, that health, safety, and the best interests
of the minor and the public no longer require the wardship of
the court, the court shall order the wardship terminated and
all proceedings under this Act respecting that minor finally
closed and discharged. The court may at the same time
continue or terminate any custodianship or guardianship
theretofore ordered but the termination must be made in
compliance with Section 2-28 or 2-28.01, whichever is
applicable.
(3) The wardship of the minor and any custodianship or
guardianship respecting the minor for whom a petition was
filed after the effective date of this amendatory Act of 1991
automatically terminates when he attains the age of 19 years
except as set forth in subsection (1) of this Section. The
clerk of the court shall at that time record all proceedings
under this Act as finally closed and discharged for that
reason.
(Source: P.A. 90-28, eff. 1-1-98; revised 11-12-97.)
(705 ILCS 405/2-32)
Sec. 2-32. Time limit for relief from final order
pursuant to a petition under Section 2-1401 of the Code of
Civil Procedure. A petition for relief from a final order
entered in a proceeding under this Act, after 30 days from
the entry thereof under the provisions of Section 2-1401 of
the Code of Civil Procedure or otherwise, must be filed not
later than one year after the entry of the order or judgment.
(Source: P.A. 90-27, eff. 1-1-98.)
(705 ILCS 405/2-33 new)
Sec. 2-33. Supplemental petition to reinstate wardship.
(1) Any time prior to a minor's 18th birthday, pursuant
to a supplemental petition filed under this Section, the
court may reinstate wardship and open a previously closed
case when:
(a) wardship and guardianship under the Juvenile
Court Act of 1987 was vacated in conjunction with the
appointment of a private guardian under the Probate Act
of 1975;
(b) the minor is not presently a ward of the court
under Article II of this Act nor is there a petition for
adjudication of wardship pending on behalf of the minor;
and
(c) it is in the minor's best interest that
wardship be reinstated.
(2) The supplemental petition must be filed in the same
proceeding in which the original adjudication order was
entered. Unless excused by court for good cause shown, the
petitioner shall give notice of the time and place of the
hearing on the supplemental petition, in person or by mail,
to the minor, if the minor is 14 years of age or older, and
to the parties to the juvenile court proceeding. Notice
shall be provided at least 3 court days in advance of the
hearing date.
(705 ILCS 405/2-28.01 rep.)
Section 32. The Juvenile Court Act of 1987 is amended by
repealing Section 2-28.01.
Section 35. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Sections 7.1 and 10 as follows:
(740 ILCS 110/7.1)
Sec. 7.1. Interagency disclosures.
(a) Nothing in this Act shall be construed to prevent
the interagency disclosure of the name, social security
number, and information concerning services rendered,
currently being rendered, or proposed to be rendered
regarding a recipient of services. This disclosure may be
made only between agencies or departments of the State
including, but not limited to: (i) the Department of Human
Services, (ii) the Department of Public Aid, (iii) the
Department of Public Health, and (iv) the State Board of
Education, and (v) the Department of Children and Family
Services for the purpose of a diligent search for a missing
parent pursuant to Sections 2-15 and 2-16 of the Juvenile
Court Act of 1987 if the Department of Children and Family
Services has reason to believe the parent is residing in a
mental health facility, when one or more agencies or
departments of the State have entered into a prior
interagency agreement, memorandum of understanding, or
similar agreement to jointly provide or cooperate in the
provision of or funding of mental health or developmental
disabilities services.
The Department of Children and Family Services shall not
redisclose the information received under this Section other
than for purposes of service provision or as necessary for
proceedings under the Juvenile Court Act of 1987.
(b) This Section applies to, but is not limited to,
interagency disclosures under interagency agreements entered
into in compliance with the Early Intervention Services
System Act.
(c) Information disclosed under this Section shall be
for the limited purpose of coordinating State efforts in
providing efficient interagency service systems and avoiding
duplication of interagency services.
(d) Information disclosed under this Section shall be
limited to the recipient's name, address, social security
number or other individually assigned identifying number, or
information generally descriptive of services rendered or to
be rendered. The disclosure of individual clinical or
treatment records or other confidential information is not
authorized by this Section.
(Source: P.A. 88-484; 89-507, eff. 7-1-97.)
(740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
(Text of Section WITH the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 10. Disclosure in civil, criminal, and other
proceedings.
(a) Except as provided herein, in any civil, criminal,
administrative, or legislative proceeding, or in any
proceeding preliminary thereto, a recipient, and a therapist
on behalf and in the interest of a recipient, has the
privilege to refuse to disclose and to prevent the disclosure
of the recipient's record or communications.
(1) Records and communications may be disclosed in
a civil, criminal or administrative proceeding in which
the recipient introduces his mental condition or any
aspect of his services received for such condition as an
element of his claim or defense, if and only to the
extent the court in which the proceedings have been
brought, or, in the case of an administrative proceeding,
the court to which an appeal or other action for review
of an administrative determination may be taken, finds,
after in camera examination of testimony or other
evidence, that it is relevant, probative, not unduly
prejudicial or inflammatory, and otherwise clearly
admissible; that other satisfactory evidence is
demonstrably unsatisfactory as evidence of the facts
sought to be established by such evidence; and that
disclosure is more important to the interests of
substantial justice than protection from injury to the
therapist-recipient relationship or to the recipient or
other whom disclosure is likely to harm. Except in a
criminal proceeding in which the recipient, who is
accused in that proceeding, raises the defense of
insanity, no record or communication between a therapist
and a recipient shall be deemed relevant for purposes of
this subsection, except the fact of treatment, the cost
of services and the ultimate diagnosis unless the party
seeking disclosure of the communication clearly
establishes in the trial court a compelling need for its
production. However, for purposes of this Act, in any
action brought or defended under the Illinois Marriage
and Dissolution of Marriage Act, or in any action in
which pain and suffering is an element of the claim,
mental condition shall not be deemed to be introduced
merely by making such claim and shall be deemed to be
introduced only if the recipient or a witness on his
behalf first testifies concerning the record or
communication.
(2) Records or communications may be disclosed in a
civil proceeding after the recipient's death when the
recipient's physical or mental condition has been
introduced as an element of a claim or defense by any
party claiming or defending through or as a beneficiary
of the recipient, provided the court finds, after in
camera examination of the evidence, that it is relevant,
probative, and otherwise clearly admissible; that other
satisfactory evidence is not available regarding the
facts sought to be established by such evidence; and that
disclosure is more important to the interests of
substantial justice than protection from any injury which
disclosure is likely to cause.
(3) In the event of a claim made or an action filed
by a recipient, or, following the recipient's death, by
any party claiming as a beneficiary of the recipient for
injury caused in the course of providing services to that
recipient, the therapist may testify as to pertinent
records or communications in any administrative, judicial
or discovery proceeding for the purpose of preparing and
presenting a defense against the claim or action.
(3.1) A therapist has the right to communicate at
any time and in any fashion with his or her own counsel
or professional liability insurance carrier, or both,
concerning any care or treatment he or she provided, or
assisted in providing, to any patient.
(3.2) A therapist has the right to communicate at
any time and in any fashion with his or her present or
former employer, principal, partner, professional
corporation, or professional liability insurance carrier,
or counsel for any of those entities, concerning any care
or treatment he or she provided, or assisted in
providing, to any patient within the scope of his or her
employment, affiliation, or other agency with the
employer, principal, partner, or professional
corporation.
(4) Records and communications made to or by a
therapist in the course of examination ordered by a court
for good cause shown may, if otherwise relevant and
admissible, be disclosed in a civil, criminal, or
administrative proceeding in which the recipient is a
party or in appropriate pretrial proceedings, provided
such court has found that the recipient has been as
adequately and as effectively as possible informed before
submitting to such examination that such records and
communications would not be considered confidential or
privileged. Such records and communications shall be
admissible only as to issues involving the recipient's
physical or mental condition and only to the extent that
these are germane to such proceedings.
(5) Records and communications may be disclosed in
a proceeding under the Probate Act of 1975, to determine
a recipient's competency or need for guardianship,
provided that the disclosure is made only with respect to
that issue.
(6) Records and communications may be disclosed
when such are made during treatment which the recipient
is ordered to undergo to render him fit to stand trial on
a criminal charge, provided that the disclosure is made
only with respect to the issue of fitness to stand trial.
(7) Records and communications of the recipient may
be disclosed in any civil or administrative proceeding
involving the validity of or benefits under a life,
accident, health or disability insurance policy or
certificate, or Health Care Service Plan Contract,
insuring the recipient, but only if and to the extent
that the recipient's mental condition, or treatment or
services in connection therewith, is a material element
of any claim or defense of any party, provided that
information sought or disclosed shall not be redisclosed
except in connection with the proceeding in which
disclosure is made.
(8) Records or communications may be disclosed when
such are relevant to a matter in issue in any action
brought under this Act and proceedings preliminary
thereto, provided that any information so disclosed shall
not be utilized for any other purpose nor be redisclosed
except in connection with such action or preliminary
proceedings.
(9) Records and communications of the recipient may
be disclosed in investigations of and trials for homicide
when the disclosure relates directly to the fact or
immediate circumstances of the homicide.
(10) Records and communications of a deceased
recipient may be disclosed to a coroner conducting a
preliminary investigation into the recipient's death
under Section 3-3013 of the Counties Code. However,
records and communications of the deceased recipient
disclosed in an investigation shall be limited solely to
the deceased recipient's records and communications
relating to the factual circumstances of the incident
being investigated in a mental health facility.
(11) Records and communications of a recipient
shall be disclosed in a proceeding where a petition or
motion is filed under the Juvenile Court Act of 1987 and
the recipient is named as a parent, guardian, or legal
custodian of a minor who is the subject of a petition for
wardship as described in Section 2-3 of that Act or a
minor who is the subject of a petition for wardship as
described in Section 2-4 of that Act alleging the minor
is abused, neglected, or dependent or the recipient is
named as a parent of a child who is the subject of a
petition, supplemental petition, or motion to appoint a
guardian with the power to consent to adoption under
Section 2-29 of the Juvenile Court Act of 1987.
(b) Before a disclosure is made under subsection (a),
any party to the proceeding or any other interested person
may request an in camera review of the record or
communications to be disclosed. The court or agency
conducting the proceeding may hold an in camera review on its
own motion, except that this provision does not apply to
paragraph (3.1) of subsection (a) (regarding consultations
between a therapist and his or her own counsel or
professional liability insurance carrier) or paragraph (3.2)
of subsection (a) (regarding consultations between a
therapist and his or her employer, principal, partner,
professional corporation, or professional liability insurance
carrier, or counsel for any of those entities). When,
contrary to the express wish of the recipient, the therapist
asserts a privilege on behalf and in the interest of a
recipient, the court may require that the therapist, in an in
camera hearing, establish that disclosure is not in the best
interest of the recipient. The court or agency may prevent
disclosure or limit disclosure to the extent that other
admissible evidence is sufficient to establish the facts in
issue, except that a court may not prevent or limit
disclosures between a therapist and his or her own counsel or
between a therapist and his or her employer, principal,
partner, professional corporation, or professional liability
insurance carrier, or counsel for any of those entities. The
court or agency may enter such orders as may be necessary in
order to protect the confidentiality, privacy, and safety of
the recipient or of other persons. Any order to disclose or
to not disclose shall be considered a final order for
purposes of appeal and shall be subject to interlocutory
appeal.
(c) A recipient's records and communications may be
disclosed to a duly authorized committee, commission or
subcommittee of the General Assembly which possesses subpoena
and hearing powers, upon a written request approved by a
majority vote of the committee, commission or subcommittee
members. The committee, commission or subcommittee may
request records only for the purposes of investigating or
studying possible violations of recipient rights. The
request shall state the purpose for which disclosure is
sought.
The facility shall notify the recipient, or his guardian,
and therapist in writing of any disclosure request under this
subsection within 5 business days after such request. Such
notification shall also inform the recipient, or guardian,
and therapist of their right to object to the disclosure
within 10 business days after receipt of the notification and
shall include the name, address and telephone number of the
committee, commission or subcommittee member or staff person
with whom an objection shall be filed. If no objection has
been filed within 15 business days after the request for
disclosure, the facility shall disclose the records and
communications to the committee, commission or subcommittee.
If an objection has been filed within 15 business days after
the request for disclosure, the facility shall disclose the
records and communications only after the committee,
commission or subcommittee has permitted the recipient,
guardian or therapist to present his objection in person
before it and has renewed its request for disclosure by a
majority vote of its members.
Disclosure under this subsection shall not occur until
all personally identifiable data of the recipient and
provider are removed from the records and communications.
Disclosure under this subsection shall not occur in any
public proceeding.
(d) No party to any proceeding described under
paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
of this Section, nor his or her attorney, shall serve a
subpoena seeking to obtain access to records or
communications under this Act unless the subpoena is
accompanied by a written order issued by a judge, authorizing
the disclosure of the records or the issuance of the
subpoena. No person shall comply with a subpoena for records
or communications under this Act, unless the subpoena is
accompanied by a written order authorizing the issuance of
the subpoena or the disclosure of the records.
This amendatory Act of 1995 applies to causes of action
filed on or after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 10. (a) Except as provided herein, in any civil,
criminal, administrative, or legislative proceeding, or in
any proceeding preliminary thereto, a recipient, and a
therapist on behalf and in the interest of a recipient, has
the privilege to refuse to disclose and to prevent the
disclosure of the recipient's record or communications.
(1) Records and communications may be disclosed in
a civil, criminal or administrative proceeding in which
the recipient introduces his mental condition or any
aspect of his services received for such condition as an
element of his claim or defense, if and only to the
extent the court in which the proceedings have been
brought, or, in the case of an administrative proceeding,
the court to which an appeal or other action for review
of an administrative determination may be taken, finds,
after in camera examination of testimony or other
evidence, that it is relevant, probative, not unduly
prejudicial or inflammatory, and otherwise clearly
admissible; that other satisfactory evidence is
demonstrably unsatisfactory as evidence of the facts
sought to be established by such evidence; and that
disclosure is more important to the interests of
substantial justice than protection from injury to the
therapist-recipient relationship or to the recipient or
other whom disclosure is likely to harm. Except in a
criminal proceeding in which the recipient, who is
accused in that proceeding, raises the defense of
insanity, no record or communication between a therapist
and a recipient shall be deemed relevant for purposes of
this subsection, except the fact of treatment, the cost
of services and the ultimate diagnosis unless the party
seeking disclosure of the communication clearly
establishes in the trial court a compelling need for its
production. However, for purposes of this Act, in any
action brought or defended under the Illinois Marriage
and Dissolution of Marriage Act, or in any action in
which pain and suffering is an element of the claim,
mental condition shall not be deemed to be introduced
merely by making such claim and shall be deemed to be
introduced only if the recipient or a witness on his
behalf first testifies concerning the record or
communication.
(2) Records or communications may be disclosed in a
civil proceeding after the recipient's death when the
recipient's physical or mental condition has been
introduced as an element of a claim or defense by any
party claiming or defending through or as a beneficiary
of the recipient, provided the court finds, after in
camera examination of the evidence, that it is relevant,
probative, and otherwise clearly admissible; that other
satisfactory evidence is not available regarding the
facts sought to be established by such evidence; and that
disclosure is more important to the interests of
substantial justice than protection from any injury which
disclosure is likely to cause.
(3) In the event of a claim made or an action filed
by a recipient, or, following the recipient's death, by
any party claiming as a beneficiary of the recipient for
injury caused in the course of providing services to such
recipient, the therapist and other persons whose actions
are alleged to have been the cause of injury may disclose
pertinent records and communications to an attorney or
attorneys engaged to render advice about and to provide
representation in connection with such matter and to
persons working under the supervision of such attorney or
attorneys, and may testify as to such records or
communication in any administrative, judicial or
discovery proceeding for the purpose of preparing and
presenting a defense against such claim or action.
(4) Records and communications made to or by a
therapist in the course of examination ordered by a court
for good cause shown may, if otherwise relevant and
admissible, be disclosed in a civil, criminal, or
administrative proceeding in which the recipient is a
party or in appropriate pretrial proceedings, provided
such court has found that the recipient has been as
adequately and as effectively as possible informed before
submitting to such examination that such records and
communications would not be considered confidential or
privileged. Such records and communications shall be
admissible only as to issues involving the recipient's
physical or mental condition and only to the extent that
these are germane to such proceedings.
(5) Records and communications may be disclosed in
a proceeding under the Probate Act of 1975, to determine
a recipient's competency or need for guardianship,
provided that the disclosure is made only with respect to
that issue.
(6) Records and communications may be disclosed
when such are made during treatment which the recipient
is ordered to undergo to render him fit to stand trial on
a criminal charge, provided that the disclosure is made
only with respect to the issue of fitness to stand trial.
(7) Records and communications of the recipient may
be disclosed in any civil or administrative proceeding
involving the validity of or benefits under a life,
accident, health or disability insurance policy or
certificate, or Health Care Service Plan Contract,
insuring the recipient, but only if and to the extent
that the recipient's mental condition, or treatment or
services in connection therewith, is a material element
of any claim or defense of any party, provided that
information sought or disclosed shall not be redisclosed
except in connection with the proceeding in which
disclosure is made.
(8) Records or communications may be disclosed when
such are relevant to a matter in issue in any action
brought under this Act and proceedings preliminary
thereto, provided that any information so disclosed shall
not be utilized for any other purpose nor be redisclosed
except in connection with such action or preliminary
proceedings.
(9) Records and communications of the recipient may
be disclosed in investigations of and trials for homicide
when the disclosure relates directly to the fact or
immediate circumstances of the homicide.
(10) Records and communications of a deceased
recipient may be disclosed to a coroner conducting a
preliminary investigation into the recipient's death
under Section 3-3013 of the Counties Code. However,
records and communications of the deceased recipient
disclosed in an investigation shall be limited solely to
the deceased recipient's records and communications
relating to the factual circumstances of the incident
being investigated in a mental health facility.
(11) Records and communications of a recipient
shall be disclosed in a proceeding where a petition or
motion is filed under the Juvenile Court Act of 1987 and
the recipient is named as a parent, guardian, or legal
custodian of a minor who is the subject of a petition for
wardship as described in Section 2-3 of that Act or a
minor who is the subject of a petition for wardship as
described in Section 2-4 of that Act alleging the minor
is abused, neglected, or dependent or the recipient is
named as a parent of a child who is the subject of a
petition, supplemental petition, or motion to appoint a
guardian with the power to consent to adoption under
Section 2-29 of the Juvenile Court Act of 1987.
(b) Before a disclosure is made under subsection (a),
any party to the proceeding or any other interested person
may request an in camera review of the record or
communications to be disclosed. The court or agency
conducting the proceeding may hold an in camera review on its
own motion. When, contrary to the express wish of the
recipient, the therapist asserts a privilege on behalf and in
the interest of a recipient, the court may require that the
therapist, in an in camera hearing, establish that disclosure
is not in the best interest of the recipient. The court or
agency may prevent disclosure or limit disclosure to the
extent that other admissible evidence is sufficient to
establish the facts in issue. The court or agency may enter
such orders as may be necessary in order to protect the
confidentiality, privacy, and safety of the recipient or of
other persons. Any order to disclose or to not disclose
shall be considered a final order for purposes of appeal and
shall be subject to interlocutory appeal.
(c) A recipient's records and communications may be
disclosed to a duly authorized committee, commission or
subcommittee of the General Assembly which possesses subpoena
and hearing powers, upon a written request approved by a
majority vote of the committee, commission or subcommittee
members. The committee, commission or subcommittee may
request records only for the purposes of investigating or
studying possible violations of recipient rights. The
request shall state the purpose for which disclosure is
sought.
The facility shall notify the recipient, or his guardian,
and therapist in writing of any disclosure request under this
subsection within 5 business days after such request. Such
notification shall also inform the recipient, or guardian,
and therapist of their right to object to the disclosure
within 10 business days after receipt of the notification and
shall include the name, address and telephone number of the
committee, commission or subcommittee member or staff person
with whom an objection shall be filed. If no objection has
been filed within 15 business days after the request for
disclosure, the facility shall disclose the records and
communications to the committee, commission or subcommittee.
If an objection has been filed within 15 business days after
the request for disclosure, the facility shall disclose the
records and communications only after the committee,
commission or subcommittee has permitted the recipient,
guardian or therapist to present his objection in person
before it and has renewed its request for disclosure by a
majority vote of its members.
Disclosure under this subsection shall not occur until
all personally identifiable data of the recipient and
provider are removed from the records and communications.
Disclosure under this subsection shall not occur in any
public proceeding.
(d) No party to any proceeding described under
paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
of this Section, nor his or her attorney, shall serve a
subpoena seeking to obtain access to records or
communications under this Act unless the subpoena is
accompanied by a written order issued by a judge, authorizing
the disclosure of the records or the issuance of the
subpoena. No person shall comply with a subpoena for records
or communications under this Act, unless the subpoena is
accompanied by a written order authorizing the issuance of
the subpoena or the disclosure of the records.
(Source: P.A. 86-1417; 87-124; 87-556; 87-895.)
Section 40. The Adoption Act is amended by changing
Sections 1, 2, 10, and 15.1 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption
where either or both of the adopting parents stands in any of
the following relationships to the child by blood or
marriage: parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to
subsection O of Section 10.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a
hospital.
(a-2) Abandonment of a newborn infant in any
setting where the evidence suggests that the parent
intended to relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months
next preceding the commencement of the Adoption
proceeding.
(d) Substantial neglect of the child if continuous
or repeated.
(d-1) Substantial neglect, if continuous or
repeated, of any child residing in the household which
resulted in the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987, the most
recent of which was determined by the juvenile court
hearing the matter to be supported by clear and
convincing evidence; a criminal conviction or a finding
of not guilty by reason of insanity resulting from the
death of any child by physical child abuse; or a finding
of physical child abuse resulting from the death of any
child under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987.
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the
child; provided that in making a finding of unfitness the
court hearing the adoption proceeding shall not be bound
by any previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the
following crimes shall create a presumption that a parent
is depraved which can be overcome only by clear and
convincing evidence: (1) first degree murder in violation
of paragraph 1 or 2 of subsection (a) of Section 9-1 of
the Criminal Code of 1961 or conviction of second degree
murder in violation of subsection (a) of Section 9-2 of
the Criminal Code of 1961 of a parent of the child to be
adopted; (2) first degree murder or second degree murder
of any child in violation of the Criminal Code of 1961;
(3) attempt or conspiracy to commit first degree murder
or second degree murder of any child in violation of the
Criminal Code of 1961; (4) solicitation to commit murder
of any child, solicitation to commit murder of any child
for hire, or solicitation to commit second degree murder
of any child in violation of the Criminal Code of 1961;
or (5) aggravated criminal sexual assault in violation of
Section 12-14(b)(1) of the Criminal Code of 1961.
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of
at least 3 felonies under the laws of this State or any
other state, or under federal law, or the criminal laws
of any United States territory; and at least one of these
convictions took place within 5 years of the filing of
the petition or motion seeking termination of parental
rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of
either first or second degree murder of any person as
defined in the Criminal Code of 1961 within 10 years of
the filing date of the petition or motion to terminate
parental rights.
(j) Open and notorious adultery or fornication.
(j-1) (Blank). Conviction of any one of the
following crimes shall create a presumption of unfitness
that may be overcome only by clear and convincing
evidence: (1) first degree murder in violation of
paragraph 1 or 2 of subsection (a) of Section 9-1 of the
Criminal Code of 1961 or conviction of second degree
murder in violation of subsection (a) of Section 9-2 of
the Criminal Code of 1961 of a parent of the child to be
adopted; (2) a criminal conviction of first degree murder
or second degree murder of any child in violation of the
Criminal Code of 1961; (3) a criminal conviction of
attempt or conspiracy to commit first degree murder or
second degree murder of any child in violation of the
Criminal Code of 1961; (4) a criminal conviction of
solicitation to commit murder of any child, solicitation
to commit murder of any child for hire, or solicitation
to commit second degree murder of any child in violation
of the Criminal Code of 1961; (5) a criminal conviction
of accountability for the first or second degree murder
of any child in violation of the Criminal Code of 1961;
or (6) a criminal conviction of aggravated criminal
sexual assault in violation of Section 12-14(b)(1) of the
Criminal Code of 1961.
(k) Habitual drunkenness or addiction to drugs,
other than those prescribed by a physician, for at least
one year immediately prior to the commencement of the
unfitness proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to
which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance
as defined in subsection (f) of Section 102 of the
Illinois Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant
was not the result of medical treatment administered to
the mother or the newborn infant; and the biological
mother of this child is the biological mother of at least
one other child who was adjudicated a neglected minor
under subsection (c) of Section 2-3 of the Juvenile Court
Act of 1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of
a new born child during the first 30 days after its
birth.
(m) Failure by a parent to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or to make
reasonable progress toward the return of the child to the
parent within 9 months after an adjudication of neglected
or abused minor under Section 2-3 of the Juvenile Court
Act of 1987 or dependent minor under Section 2-4 of that
Act. If a service plan has been established as required
under Section 8.2 of the Abused and Neglected Child
Reporting Act to correct the conditions that were the
basis for the removal of the child from the parent and if
those services were available, then, for purposes of this
Act, "failure to make reasonable progress toward the
return of the child to the parent" includes the parent's
failure to substantially fulfill his or her obligations
under the service plan and correct the conditions that
brought the child into care within 9 months after the
adjudication under Section 2-3 or 2-4 of the Juvenile
Court Act of 1987.
(m-1) Pursuant to the Juvenile Court Act of 1987, a
child has been in foster care for 15 months out of any 22
month period which begins on or after the effective date
of this amendatory Act of 1998 unless the child's parent
can prove by a preponderance of the evidence that it is
more likely than not that it will be in the best
interests of the child to be returned to the parent
within 6 months of the date on which a petition for
termination of parental rights is filed under the
Juvenile Court Act of 1987. The 15 month time limit is
tolled during any period for which there is a court
finding that the appointed custodian or guardian failed
to make reasonable efforts to reunify the child with his
or her family, provided that (i) the finding of no
reasonable efforts is made within 60 days of the period
when reasonable efforts were not made or (ii) the parent
filed a motion requesting a finding of no reasonable
efforts within 60 days of the period when reasonable
efforts were not made. For purposes of this subdivision
(m-1), the date of entering foster care is the earlier
of: (i) the date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or (ii) 60 days after the date on which
the child is removed from his or her parent, guardian, or
legal custodian.
(n) Evidence of intent to forego his or her
parental rights, whether or not the child is a ward of
the court, (1) as manifested by his or her failure for a
period of 12 months: (i) to visit the child, (ii) to
communicate with the child or agency, although able to do
so and not prevented from doing so by an agency or by
court order, or (iii) to maintain contact with or plan
for the future of the child, although physically able to
do so, or (2) as manifested by the father's failure,
where he and the mother of the child were unmarried to
each other at the time of the child's birth, (i) to
commence legal proceedings to establish his paternity
under the Illinois Parentage Act of 1984 or the law of
the jurisdiction of the child's birth within 30 days of
being informed, pursuant to Section 12a of this Act, that
he is the father or the likely father of the child or,
after being so informed where the child is not yet born,
within 30 days of the child's birth, or (ii) to make a
good faith effort to pay a reasonable amount of the
expenses related to the birth of the child and to provide
a reasonable amount for the financial support of the
child, the court to consider in its determination all
relevant circumstances, including the financial condition
of both parents; provided that the ground for termination
provided in this subparagraph (n)(2)(ii) shall only be
available where the petition is brought by the mother or
the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern
does not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall
not preclude a determination that the parent has intended
to forego his or her parental rights. In making this
determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by
a preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental
responsibilities supported by competent evidence from a
psychiatrist, licensed clinical social worker, or
clinical psychologist of mental impairment, mental
illness or mental retardation as defined in Section 1-116
of the Mental Health and Developmental Disabilities Code,
or developmental disability as defined in Section 1-106
of that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be
construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) The parent has been criminally convicted of
aggravated battery, heinous battery, or attempted murder
of any child A finding of physical abuse of the child
under Section 4-8 of the Juvenile Court Act or Section
2-21 of the Juvenile Court Act of 1987 and a criminal
conviction of aggravated battery of the child.
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion
for termination of parental rights is filed, prior to
incarceration the parent had little or no contact with
the child or provided little or no support for the child,
and the parent's incarceration will prevent the parent
from discharging his or her parental responsibilities for
the child for a period in excess of 2 years after the
filing of the petition or motion for termination of
parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) (r) A finding that at birth the child's blood,
or urine, or meconium contained any amount of a
controlled substance as defined in subsection (f) of
Section 102 of the Illinois Controlled Substances Act, 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
was the result of medical treatment administered to the
mother or the newborn infant, and that the biological
mother of this child is the biological mother of at least
one other child who was adjudicated a neglected minor
under subsection (c) of Section 2-3 of the Juvenile Court
Act of 1987, after which the biological mother had the
opportunity to enroll in and participate in a clinically
appropriate substance abuse drug counseling, treatment,
and rehabilitation program.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. For the purpose of this Act, a person
who has executed a final and irrevocable consent to adoption
or a final and irrevocable surrender for purposes of
adoption, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of
the consent or surrender, unless the consent is void pursuant
to subsection O of Section 10.
F. A person is available for adoption when the person
is:
(a) a child who has been surrendered for adoption
to an agency and to whose adoption the agency has
thereafter consented;
(b) a child to whose adoption a person authorized
by law, other than his parents, has consented, or to
whose adoption no consent is required pursuant to Section
8 of this Act;
(c) a child who is in the custody of persons who
intend to adopt him through placement made by his
parents;
(c-1) a child for whom a parent has signed a
specific consent pursuant to subsection O of Section 10;
or
(d) an adult who meets the conditions set forth in
Section 3 of this Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural
includes the singular and the "male" includes the "female",
as the context of this Act may require.
H. "Adoption disruption" occurs when an adoptive
placement does not prove successful and it becomes necessary
for the child to be removed from placement before the
adoption is finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States
or through United States based international agencies.
J. "Immediate relatives" means the biological parents,
the parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person
of the Department of Children and Family Services appointed
by the Director to coordinate the provision of services by
the public and private sector to prospective parents of
foreign-born children.
M. "Interstate Compact on the Placement of Children" is
a law enacted by most states for the purpose of establishing
uniform procedures for handling the interstate placement of
children in foster homes, adoptive homes, or other child care
facilities.
N. "Non-Compact state" means a state that has not
enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met prior to the
placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or
immediate family member, or any person responsible for the
child's welfare, or any individual residing in the same home
as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to
be inflicted upon the child physical injury, by other
than accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury
to the child by other than accidental means which would
be likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of
any bodily function;
(c) commits or allows to be committed any sex
offense against the child, as sex offenses are defined in
the Criminal Code of 1961 and extending those definitions
of sex offenses to include children under 18 years of
age;
(d) commits or allows to be committed an act or
acts of torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or
other person responsible for the child's welfare withholds or
denies nourishment or medically indicated treatment including
food or care denied solely on the basis of the present or
anticipated mental or physical impairment as determined by a
physician acting alone or in consultation with other
physicians or otherwise does not provide the proper or
necessary support, education as required by law, or medical
or other remedial care recognized under State law as
necessary for a child'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 parents or
other person responsible for the child's welfare.
A child shall not be considered neglected or abused for
the sole reason that the child's parent or other person
responsible for his or her welfare depends upon spiritual
means through prayer alone for the treatment or cure of
disease or remedial care as provided under Section 4 of the
Abused and Neglected Child Reporting Act.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on
or before the date that the child was or is to be born and
(2) has not established paternity of the child in a court
proceeding before the filing of a petition for the adoption
of the child. The term includes a male who is less than 18
years of age. "Putative father" does not mean a man who is
the child's father as a result of criminal sexual abuse or
assault as defined under Article 12 of the Criminal Code of
1961.
(Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
(changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
6-25-97; 90-443, eff. 8-16-97; revised 11-26-97.)
(750 ILCS 50/2) (from Ch. 40, par. 1502)
Sec. 2. Who may adopt a child. A. Any of the following
persons, who is under no legal disability (except the
minority specified in sub-paragraph (b) and who has resided
in the State of Illinois continuously for a period of at
least 6 months immediately preceding the commencement of an
adoption proceeding, or any member of the armed forces of the
United States who has been domiciled in the State of Illinois
for 90 days, may institute such proceeding:
(a) A reputable person of legal age and of either sex,
provided that if such person is married and has not been
living separate and apart from his or her spouse for 12
months or longer, his or her spouse shall be a party to the
adoption proceeding, including a husband or wife desiring to
adopt a child of the other spouse, in all of which cases the
adoption shall be by both spouses jointly;
(b) A minor, by leave of court upon good cause shown.
B. The residence requirement specified in paragraph A of
this Section shall not apply to an adoption of a related
child or to an adoption of a child placed by an agency.
(Source: P.A. 83-62.)
(750 ILCS 50/10) (from Ch. 40, par. 1512)
Sec. 10. Forms of consent and surrender; execution and
acknowledgment thereof.)
A. The form of consent required for the adoption of a
born child shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
I, ...., (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on .... at ....
That I reside at ...., County of .... and State of ....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and
waive service of summons on me.
That I do hereby consent and agree to the adoption of
such child.
That I wish to and understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
That I understand such child will be placed for adoption
and that I cannot under any circumstances, after signing this
document, change my mind and revoke or cancel this consent or
obtain or recover custody or any other rights over such
child. That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated this .... day of ...., 19....
If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent.
B. The form of consent required for the adoption of an
unborn child shall be substantially as follows:
CONSENT TO ADOPTION OF UNBORN CHILD
I, ...., state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at .... County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in such adoption
proceeding and waive service of summons on me.
That I do hereby consent and agree to the adoption of
such child, and that I have not previously executed a consent
or surrender with respect to such child.
That I wish to and do understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child, except that I
have the right to revoke this consent by giving written
notice of my revocation not later than 72 hours after the
birth of the child.
That I understand such child will be placed for adoption
and that, except as hereinabove provided, I cannot under any
circumstances, after signing this document, change my mind
and revoke or cancel this consent or obtain or recover
custody or any other rights over such child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated this .... day of ...., 19...
........................
C. The form of surrender to any agency given by a parent
of a born child who is to be subsequently placed for adoption
shall be substantially as follows and shall contain such
other facts and statements as the particular agency shall
require.
FINAL AND IRREVOCABLE SURRENDER
FOR PURPOSES OF ADOPTION
I, .... (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on ...., at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child.
That I hereby grant to the Agency full power and
authority to place such child with any person or persons it
may in its sole discretion select to become the adopting
parent or parents and to consent to the legal adoption of
such child by such person or persons; and to take any and all
measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical,
surgical and dental care and treatment including inoculation
and anaesthesia for such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all
custody and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other
rights over such child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated this .... day of ...., 19...
........................
D. The form of surrender to an agency given by a parent
of an unborn child who is to be subsequently placed for
adoption shall be substantially as follows and shall contain
such other facts and statements as the particular agency
shall require.
SURRENDER OF UNBORN CHILD FOR
PURPOSES OF ADOPTION
I, .... (father), state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of
...., for the purpose of enabling it to care for and
supervise the care of such child, to place such child for
adoption and to consent to the legal adoption of such child,
and that I have not previously executed a consent or
surrender with respect to such child.
That I hereby grant to the Agency full power and
authority to place such child with any person or persons it
may in its sole discretion select to become the adopting
parent or parents and to consent to the legal adoption of
such child by such person or persons; and to take any and all
measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical,
surgical and dental care and treatment, including inoculation
and anaesthesia for such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all
custody and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other
rights over such child, except that I have the right to
revoke this surrender by giving written notice of my
revocation not later than 72 hours after the birth of such
child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated this .... day of ...., 19...
........................
E. The form of consent required from the parents for the
adoption of an adult, when such adult elects to obtain such
consent, shall be substantially as follows:
CONSENT
I, ...., (father) (mother) of ...., an adult, state:
That I reside at ...., County of .... and State of .....
That I do hereby consent and agree to the adoption of
such adult by .... and .....
Dated this .... day of .......... 19
F. The form of consent required for the adoption of a
child of the age of 14 years or upwards, or of an adult, to
be given by such person, shall be substantially as follows:
CONSENT
I, ...., state:
That I reside at ...., County of .... and State of .....
That I am of the age of .... years. That I consent and
agree to my adoption by .... and .....
Dated this .... day of ......., 19...
........................
G. The form of consent given by an agency to the
adoption by specified persons of a child previously
surrendered to it shall set forth that the agency has the
authority to execute such consent. The form of consent given
by a guardian of the person of a child sought to be adopted,
appointed by a court of competent jurisdiction, shall set
forth the facts of such appointment and the authority of the
guardian to execute such consent.
H. A consent (other than that given by an agency, or
guardian of the person of the child sought to be adopted
appointed by a court of competent jurisdiction) shall be
acknowledged by a parent before the presiding judge of the
court in which the petition for adoption has been, or is to
be filed or before any other judge or hearing officer
designated or subsequently approved by the court, or the
circuit clerk if so authorized by the presiding judge or,
except as otherwise provided in this Act, before a
representative of the Department of Children and Family
Services or a licensed child welfare agency, or before social
service personnel under the jurisdiction of a court of
competent jurisdiction, or before social service personnel of
the Cook County Department of Supportive Services designated
by the presiding judge.
I. A surrender, or any other document equivalent to a
surrender, by which a child is surrendered to an agency shall
be acknowledged by the person signing such surrender, or
other document, before a judge or hearing officer or the
clerk of any court of record, either in this State or any
other state of the United States, or before a representative
of an agency or before any other person designated or
approved by the presiding judge of the court in which the
petition for adoption has been, or is to be, filed.
J. The form of the certificate of acknowledgment for a
consent, a surrender, or any other document equivalent to a
surrender, shall be substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, .... (Name of judge or other person), .... (official
title, name and location of court or status or position of
other person), certify that ...., personally known to me to
be the same person whose name is subscribed to the foregoing
(consent) (surrender), appeared before me this day in person
and acknowledged that (she) (he) signed and delivered such
(consent) (surrender) as (her) (his) free and voluntary act,
for the specified purpose.
I have fully explained that by signing such (consent)
(surrender) (she) (he) is irrevocably relinquishing all
parental rights to such child or adult and (she) (he) has
stated that such is (her) (his) intention and desire.
Dated 19
Signature
K. When the execution of a consent or a surrender is
acknowledged before someone other than a judge or the clerk
of a court of record, such other person shall have his
signature on the certificate acknowledged before a notary
public, in form substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, a Notary Public, in and for the County of ......, in
the State of ......, certify that ...., personally known to
me to be the same person whose name is subscribed to the
foregoing certificate of acknowledgment, appeared before me
in person and acknowledged that (she) (he) signed such
certificate as (her) (his) free and voluntary act and that
the statements made in the certificate are true.
Dated ......... 19...
Signature ...................... Notary Public
(official seal)
There shall be attached a certificate of magistracy, or
other comparable proof of office of the notary public
satisfactory to the court, to a consent signed and
acknowledged in another state.
L. A surrender or consent executed and acknowledged
outside of this State, either in accordance with the law of
this State or in accordance with the law of the place where
executed, is valid.
M. Where a consent or a surrender is signed in a foreign
country, the execution of such consent shall be acknowledged
or affirmed in a manner conformable to the law and procedure
of such country.
N. If the person signing a consent or surrender is in
the military service of the United States, the execution of
such consent or surrender may be acknowledged before a
commissioned officer and the signature of such officer on
such certificate shall be verified or acknowledged before a
notary public or by such other procedure as is then in effect
for such division or branch of the armed forces.
O. (1) The parent or parents of a child in whose
interests a petition under Section 2-13 of the Juvenile Court
Act of 1987 is pending may, with the approval of the
designated representative of the Department of Children and
Family Services, execute a consent to adoption by a specified
person or persons:
(a) in whose physical custody the child has resided
for at least one year; or
(b) in whose physical custody at least one sibling
of the child who is the subject of this consent has
resided for at least one year, and the child who is the
subject of this consent is currently residing in this
foster home; or
(c) in whose physical custody a child under one
year of age has resided for at least 3 months.
A consent under this subsection O shall be acknowledged by a
parent pursuant to subsection H and subsection K of this
Section.
(2) The consent to adoption by a specified person or
persons shall have the caption of the proceeding in which it
is to be filed and shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS
I, ......................................, the
.................. (mother or father) of a ....male child,
state:
1. My child ............................ (name of
child) was born on (date) ............, ...... at
.................... Hospital in ................ County,
State of .............. .
2. I reside at ......................, County of
............. and State of ............. .
3. I, ..........................., am .... years
old.
4. I enter my appearance in this action to adopt my
child by the person or persons specified herein by me and
waive service of summons on me in this action only.
5. I consent to the adoption of my child by
............................. (specified person or
persons) only.
6. I wish to sign this consent and I understand
that by signing this consent I irrevocably and
permanently give up all parental rights I have to my
child if my child is adopted by
............................. (specified person or
persons).
7. I understand my child will be adopted by
............................. (specified person or
persons) only and that I cannot under any circumstances,
after signing this document, change my mind and revoke or
cancel this consent or obtain or recover custody or any
other rights over my child if
............................ (specified person or
persons) adopt my child.
8. I understand that this consent to adoption is
valid only if the petition to adopt is filed within one
year from the date that I sign it and that if
....................... (specified person or persons),
for any reason, cannot or will not file a petition to
adopt my child within that one year period or if their
adoption petition is denied, then this consent will be
void. I have the right to notice of any other proceeding
that could affect my parental rights, except for the
proceeding for ............. (specified person or
persons) to adopt my child.
9. I have read and understand the above and I am
signing it as my free and voluntary act.
Dated this ..... day of ....., .......
.............................................
Signature of parent
(3) If the parent consents to an adoption by 2 specified
persons, then the form shall contain 2 additional paragraphs
in substantially the following form:
10. If ............... (specified persons) get a
divorce before the petition to adopt my child is granted,
then .......... (specified person) shall adopt my child.
I understand that I cannot change my mind and revoke this
consent or obtain or recover custody over my child if
............. (specified persons) divorce and
............. (specified person) adopts my child. I
understand that I cannot change my mind and revoke this
consent or obtain or recover custody over my child if
................. (specified persons) divorce after the
adoption is final. I understand that this consent to
adoption has no effect on who will get custody of my
child if they divorce after the adoption is final.
11. I understand that if either ...............
(specified persons) dies before the petition to adopt my
child is granted, then the surviving person can adopt my
child. I understand that I cannot change my mind and
revoke this consent or obtain or recover custody over my
child if the surviving person adopts my child.
A consent to adoption by specified persons on this form
shall have no effect on a court's determination of custody or
visitation under the Illinois Marriage and Dissolution of
Marriage Act if the marriage of the specified persons is
dissolved after the adoption is final.
(4) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Adoption by a Specified
Person or Persons shall be substantially as follows:
STATE OF..............)
) SS.
COUNTY OF.............)
I, .................... (Name of Judge or other person),
..................... (official title, name, and address),
certify that ............., personally known to me to be the
same person whose name is subscribed to the foregoing Final
and Irrevocable Consent for Adoption by a Specified Person or
Persons, appeared before me this day in person and
acknowledged that (she)(he) signed and delivered the consent
as (her)(his) free and voluntary act, for the specified
purpose.
I have fully explained that this consent to adoption is
valid only if the petition to adopt is filed within one year
from the date that it is signed, and that if the specified
person or persons, for any reason, cannot or will not adopt
the child or if the adoption petition is denied, then this
consent will be void. I have fully explained that if the
specified person or persons adopt the child, by signing this
consent (she)(he) is irrevocably and permanently
relinquishing all parental rights to the child, and (she)(he)
has stated that such is (her)(his) intention and desire.
Dated ............., ........
...............................
Signature
(5) If a consent to adoption by a specified person or
persons is executed in this form, the following provisions
shall apply. The consent shall be valid only if that
specified person or persons adopt the child. The consent
shall be void if:
(a) the specified person or persons do not file a
petition to adopt the child within one year after the
consent is signed; or
(b) a court denies the adoption petition; or
(c) the Department of Children and Family Services
Guardianship Administrator determines that the specified
person or persons will not or cannot complete the
adoption, or in the best interests of the child should
not adopt the child.
Within 30 days of the consent becoming void, the
Department of Children and Family Services Guardianship
Administrator shall make good faith attempts to notify the
parent in writing and shall give written notice to the court
and all additional parties in writing that the adoption has
not occurred or will not occur and that the consent is void.
If the adoption by a specified person or persons does not
occur, no proceeding for termination of parental rights shall
be brought unless the biological parent who executed the
consent to adoption by a specified person or persons has been
notified of the proceeding pursuant to Section 7 of this Act
or subsection (4) of Section 2-13 of the Juvenile Court Act
of 1987. The parent shall not need to take further action to
revoke the consent if the specified adoption does not occur,
notwithstanding the provisions of Section 11 of this Act.
(6) The Department of Children and Family Services is
authorized to promulgate rules necessary to implement this
subsection O.
(7) The Department shall collect and maintain data
concerning the efficacy of specific consents. This data
shall include the number of specific consents executed and
their outcomes, including but not limited to the number of
children adopted pursuant to the consents, the number of
children for whom adoptions are not completed, and the reason
or reasons why the adoptions are not completed.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
P.A. 90-443); revised 12-18-97.)
(750 ILCS 50/15.1) (from Ch. 40, par. 1519.1)
Sec. 15.1. (a) Any person over the age of 18, who has
cared for a child for a continuous period of one year or more
as a foster parent licensed under the Child Care Act of 1969
to operate a foster family home, may apply to the child's
guardian with the power to consent to adoption, for such
guardian's consent.
(b) Such guardian shall give preference and first
consideration to that application over all other applications
for adoption of the child but the guardian's final decision
shall be based on the welfare and best interest of the child.
In arriving at this decision, the guardian shall consider all
relevant factors including but not limited to:
(1) the wishes of the child;
(2) the interaction and interrelationship of the
child with the applicant to adopt the child;
(3) the child's need for stability and continuity
of relationship with parent figures;
(4) the wishes of the child's parent as expressed
in writing prior to that parent's execution of a consent
or surrender for adoption;
(5) the child's adjustment to his present home,
school and community;
(6) the mental and physical health of all
individuals involved;
(7) the family ties between the child and the
applicant to adopt the child and the value of preserving
family ties between the child and the child's relatives,
including siblings;
(8) the background, race, ethnic heritage,
behavior, age and living arrangements of the applicant to
adopt the child;
(9) the criminal background check report presented
to the court as part of the investigation required under
Section 6 of this Act.
(c) The final determination of the propriety of the
adoption shall be within the sole discretion of the court,
which shall base its decision on the welfare and best
interest of the child. In arriving at this decision, the
court shall consider all relevant factors including but not
limited to the factors in subsection (b).
(d) If the court specifically finds that the guardian
has abused his discretion by withholding consent to an
adoption in violation of the child's welfare and best
interests, then the court may grant an adoption, after all of
the other provisions of this Act have been complied with,
with or without the consent of the guardian with power to
consent to adoption. If the court specifically finds that
the guardian has abused his discretion by granting consent to
an adoption in violation of the child's welfare and best
interests, then the court may deny an adoption even though
the guardian with power to consent to adoption has consented
to it.
(Source: P.A. 87-1129.)
Section 99. Effective date. This Act takes effect upon
becoming law.