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Public Act 92-0822
SB1917 Enrolled LRB9212180RCcdA
AN ACT in relation to minors.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Findings; validation; application.
(a) Public Act 90-456, effective January 1, 1998, was
entitled "An Act in relation to criminal law.". It contained
provisions amending the Criminal Code of 1961, the Code of
Criminal Procedure of 1963, and the Emergency Telephone
System Act, all pertaining to the subject of criminal law.
It also contained a provision amending subsection (b) of
Section 2-14 of the Juvenile Court Act of 1987, relating to
the commencement of civil adjudicatory hearings in abuse,
neglect, and dependency cases.
(b) The Illinois Supreme Court, in People v. Sypien,
Docket No. 89265, has ruled that the inclusion of the
amendment to the Juvenile Court Act of 1987 violated the
single subject clause of the Illinois Constitution (Article
IV, Section 8(d)), and that Public Act 90-456 is therefore
unconstitutional in its entirety.
(c) This Act re-enacts Section 2-14 of the Juvenile
Court Act of 1987. The text of that Section includes both
the changes made by Public Act 90-456 and changes made by
subsequent amendments. In order to avoid confusion with the
changes made by subsequent amendments, the Section that is
re-enacted in this Act is shown as existing text (i.e.,
without striking and underscoring). This Act is not intended
to supersede any other Public Act that amends the text of the
re-enacted Section as set forth in this Act. This Act also
amends Section 2-22 of the Juvenile Court Act of 1987.
(d) All otherwise lawful actions taken before the
effective date of this Act in reliance on or pursuant to
Section 2-14 of the Juvenile Court Act of 1987, as set forth
in Public Act 90-456 or as subsequently amended, by any
officer, employee, or agency of State government or by any
other person or entity, are hereby validated.
(e) This Act applies to actions or proceedings pending
on or after the effective date of Public Act 90-456 (January
1, 1998), as well as to actions or proceedings pending on or
after the effective date of this Act.
Section 5. The Juvenile Court Act of 1987 is amended by
re-enacting Section 2-14 and by changing Section 2-22 as
follows:
(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. 90-28, eff. 1-1-98; 90-456, eff. 1-1-98;
90-608, eff. 6-30-98; 90-655, eff. 7-30-98.)
(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) Once all parties respondent have been served in
compliance with Sections 2-15 and 2-16, no further service or
notice must be given to a party prior to proceeding to a
dispositional hearing. 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, 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.
(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; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 31, 2002.
Approved August 21, 2002.
Effective August 21, 2002.
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