HB5257 EngrossedLRB100 18028 SLF 33216 b

1    AN ACT concerning juveniles.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 35.1 as follows:
 
6    (20 ILCS 505/35.1)  (from Ch. 23, par. 5035.1)
7    Sec. 35.1. The case and clinical records of patients in
8Department supervised facilities, youth in care, children
9receiving or applying for child welfare services, persons
10receiving or applying for other services of the Department, and
11Department reports of injury or abuse to children shall not be
12open to the general public. Such case and clinical records and
13reports or the information contained therein shall be disclosed
14by the Director of the Department to juvenile authorities when
15necessary for the discharge of their official duties who
16request information concerning the minor and who certify in
17writing that the information will not be disclosed to any other
18party except as provided under law or order of court. For
19purposes of this Section, "juvenile authorities" means: (i) a
20judge of the circuit court and members of the staff of the
21court designated by the judge; (ii) parties to the proceedings
22under the Juvenile Court Act of 1987 and their attorneys; (iii)
23probation officers and court appointed advocates for the

 

 

HB5257 Engrossed- 2 -LRB100 18028 SLF 33216 b

1juvenile authorized by the judge hearing the case; (iv) any
2individual, public or private agency having custody of the
3child pursuant to court order or pursuant to placement of the
4child by the Department; (v) any individual, public or private
5agency providing education, medical or mental health service to
6the child when the requested information is needed to determine
7the appropriate service or treatment for the minor; (vi) any
8potential placement provider when such release is authorized by
9the court for the limited purpose of determining the
10appropriateness of the potential placement; (vii) law
11enforcement officers and prosecutors; (viii) adult and
12juvenile prisoner review boards; (ix) authorized military
13personnel; (x) individuals authorized by court; (xi) the
14Illinois General Assembly or any committee or commission
15thereof. This Section does not apply to the Department's fiscal
16records, other records of a purely administrative nature, or
17any forms, documents or other records required of facilities
18subject to licensure by the Department except as may otherwise
19be provided under the Child Care Act of 1969. Notwithstanding
20any other provision of this Section, upon request, a guardian
21ad litem or attorney appointed to represent a child who is the
22subject of an action pursuant to Article II of the Juvenile
23Court Act of 1987 may obtain a copy of foster home licensing
24records, including all information related to licensing
25complaints and investigations, regarding a home in which the
26child is placed or regarding a home in which the Department

 

 

HB5257 Engrossed- 3 -LRB100 18028 SLF 33216 b

1plans to place the child. Any information contained in foster
2home licensing records that is protected from disclosure by
3federal or State law may be obtained only in compliance with
4that law. Nothing in this Section restricts the authority of a
5court to order release of licensing records for purposes of
6discovery or as otherwise authorized by law.
7    Nothing contained in this Act prevents the sharing or
8disclosure of information or records relating or pertaining to
9juveniles subject to the provisions of the Serious Habitual
10Offender Comprehensive Action Program when that information is
11used to assist in the early identification and treatment of
12habitual juvenile offenders.
13    Nothing contained in this Act prevents the sharing or
14disclosure of information or records relating or pertaining to
15the death of a minor under the care of or receiving services
16from the Department and under the jurisdiction of the juvenile
17court with the juvenile court, the State's Attorney, and the
18minor's attorney.
19    In this paragraph, "significant event report" means a
20written document describing an occurrence or event beyond the
21customary operations, routines, or relationships in the
22Department, a child care facility, or other entity that is
23licensed or regulated by the Department or that provides
24services for the Department under a grant, contract, or
25purchase of service agreement; involving children or youth,
26employees, foster parents, or relative caregivers; allegations

 

 

HB5257 Engrossed- 4 -LRB100 18028 SLF 33216 b

1of abuse or neglect or any other incident raising a concern
2about the well-being of a minor under the jurisdiction of the
3court under Article II of the Juvenile Court Act; incidents
4involving damage to property, allegations of criminal
5activity, misconduct, or other occurrences affecting the
6operations of the Department or a child care facility; any
7incident that could have media impact; and unusual incidents as
8defined by Department rule. The Department shall provide a
9minor's guardian ad litem, appointed under Section 2-17 of the
10Juvenile Court Act of 1987, or a minor's attorney appointed
11under the Juvenile Court Act of 1987, with a copy of each
12significant event report involving the minor no later than 3
13days after the Department learns of an event requiring a
14significant event report to be written, or earlier as required
15by Department rule.
16    Nothing contained in this Section prohibits or prevents any
17individual dealing with or providing services to a minor from
18sharing information with another individual dealing with or
19providing services to a minor for the purpose of coordinating
20efforts on behalf of the minor. The sharing of such information
21is only for the purpose stated herein and is to be consistent
22with the intent and purpose of the confidentiality provisions
23of the Juvenile Court Act of 1987. This provision does not
24abrogate any recognized privilege. Sharing information does
25not include copying of records, reports or case files unless
26authorized herein.

 

 

HB5257 Engrossed- 5 -LRB100 18028 SLF 33216 b

1    Nothing in this Section prohibits or prevents the
2re-disclosure of records, reports, or other information that
3reveals malfeasance or nonfeasance on the part of the
4Department, its employees, or its agents. Nothing in this
5Section prohibits or prevents the Department or a party in a
6proceeding under the Juvenile Court Act of 1987 from copying
7records, reports, or case files for the purpose of sharing
8those documents with other parties to the litigation.
9(Source: P.A. 99-779, eff. 1-1-17; 100-159, eff. 8-18-17.)
 
10    Section 10. The Juvenile Court Act of 1987 is amended by
11changing Sections 1-3 and 2-17 as follows:
 
12    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
13    Sec. 1-3. Definitions. Terms used in this Act, unless the
14context otherwise requires, have the following meanings
15ascribed to them:
16    (1) "Adjudicatory hearing" means a hearing to determine
17whether the allegations of a petition under Section 2-13, 3-15
18or 4-12 that a minor under 18 years of age is abused, neglected
19or dependent, or requires authoritative intervention, or
20addicted, respectively, are supported by a preponderance of the
21evidence or whether the allegations of a petition under Section
225-520 that a minor is delinquent are proved beyond a reasonable
23doubt.
24    (2) "Adult" means a person 21 years of age or older.

 

 

HB5257 Engrossed- 6 -LRB100 18028 SLF 33216 b

1    (3) "Agency" means a public or private child care facility
2legally authorized or licensed by this State for placement or
3institutional care or for both placement and institutional
4care.
5    (4) "Association" means any organization, public or
6private, engaged in welfare functions which include services to
7or on behalf of children but does not include "agency" as
8herein defined.
9    (4.05) Whenever a "best interest" determination is
10required, the following factors shall be considered in the
11context of the child's age and developmental needs:
12        (a) the physical safety and welfare of the child,
13    including food, shelter, health, and clothing;
14        (b) the development of the child's identity;
15        (c) the child's background and ties, including
16    familial, cultural, and religious;
17        (d) the child's sense of attachments, including:
18            (i) where the child actually feels love,
19        attachment, and a sense of being valued (as opposed to
20        where adults believe the child should feel such love,
21        attachment, and a sense of being valued);
22            (ii) the child's sense of security;
23            (iii) the child's sense of familiarity;
24            (iv) continuity of affection for the child;
25            (v) the least disruptive placement alternative for
26        the child;

 

 

HB5257 Engrossed- 7 -LRB100 18028 SLF 33216 b

1        (e) the child's wishes and long-term goals;
2        (f) the child's community ties, including church,
3    school, and friends;
4        (g) the child's need for permanence which includes the
5    child's need for stability and continuity of relationships
6    with parent figures and with siblings and other relatives;
7        (h) the uniqueness of every family and child;
8        (i) the risks attendant to entering and being in
9    substitute care; and
10        (j) the preferences of the persons available to care
11    for the child.
12    (4.1) "Chronic truant" shall have the definition ascribed
13to it in Section 26-2a of the School Code.
14    (5) "Court" means the circuit court in a session or
15division assigned to hear proceedings under this Act.
16    (6) "Dispositional hearing" means a hearing to determine
17whether a minor should be adjudged to be a ward of the court,
18and to determine what order of disposition should be made in
19respect to a minor adjudged to be a ward of the court.
20    (7) "Emancipated minor" means any minor 16 years of age or
21over who has been completely or partially emancipated under the
22Emancipation of Minors Act or under this Act.
23    (7.05) "Foster parent" includes a relative caregiver
24selected by the Department of Children and Family Services to
25provide care for the minor.
26    (8) "Guardianship of the person" of a minor means the duty

 

 

HB5257 Engrossed- 8 -LRB100 18028 SLF 33216 b

1and authority to act in the best interests of the minor,
2subject to residual parental rights and responsibilities, to
3make important decisions in matters having a permanent effect
4on the life and development of the minor and to be concerned
5with his or her general welfare. It includes but is not
6necessarily limited to:
7        (a) the authority to consent to marriage, to enlistment
8    in the armed forces of the United States, or to a major
9    medical, psychiatric, and surgical treatment; to represent
10    the minor in legal actions; and to make other decisions of
11    substantial legal significance concerning the minor;
12        (b) the authority and duty of reasonable visitation,
13    except to the extent that these have been limited in the
14    best interests of the minor by court order;
15        (c) the rights and responsibilities of legal custody
16    except where legal custody has been vested in another
17    person or agency; and
18        (d) the power to consent to the adoption of the minor,
19    but only if expressly conferred on the guardian in
20    accordance with Section 2-29, 3-30, or 4-27.
21    (9) "Legal custody" means the relationship created by an
22order of court in the best interests of the minor which imposes
23on the custodian the responsibility of physical possession of a
24minor and the duty to protect, train and discipline him and to
25provide him with food, shelter, education and ordinary medical
26care, except as these are limited by residual parental rights

 

 

HB5257 Engrossed- 9 -LRB100 18028 SLF 33216 b

1and responsibilities and the rights and responsibilities of the
2guardian of the person, if any.
3    (9.1) "Mentally capable adult relative" means a person 21
4years of age or older who is not suffering from a mental
5illness that prevents him or her from providing the care
6necessary to safeguard the physical safety and welfare of a
7minor who is left in that person's care by the parent or
8parents or other person responsible for the minor's welfare.
9    (10) "Minor" means a person under the age of 21 years
10subject to this Act.
11    (11) "Parent" means a father or mother of a child and
12includes any adoptive parent. It also includes a person (i)
13whose parentage is presumed or has been established under the
14law of this or another jurisdiction or (ii) who has registered
15with the Putative Father Registry in accordance with Section
1612.1 of the Adoption Act and whose paternity has not been ruled
17out under the law of this or another jurisdiction. It does not
18include a parent whose rights in respect to the minor have been
19terminated in any manner provided by law. It does not include a
20person who has been or could be determined to be a parent under
21the Illinois Parentage Act of 1984 or the Illinois Parentage
22Act of 2015, or similar parentage law in any other state, if
23that person has been convicted of or pled nolo contendere to a
24crime that resulted in the conception of the child under
25Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
2612-14.1, subsection (a) or (b) (but not subsection (c)) of

 

 

HB5257 Engrossed- 10 -LRB100 18028 SLF 33216 b

1Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
2(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
3Criminal Code of 1961 or the Criminal Code of 2012, or similar
4statute in another jurisdiction unless upon motion of any
5party, other than the offender, to the juvenile court
6proceedings the court finds it is in the child's best interest
7to deem the offender a parent for purposes of the juvenile
8court proceedings.
9    (11.1) "Permanency goal" means a goal set by the court as
10defined in subdivision (2) of Section 2-28.
11    (11.2) "Permanency hearing" means a hearing to set the
12permanency goal and to review and determine (i) the
13appropriateness of the services contained in the plan and
14whether those services have been provided, (ii) whether
15reasonable efforts have been made by all the parties to the
16service plan to achieve the goal, and (iii) whether the plan
17and goal have been achieved.
18    (12) "Petition" means the petition provided for in Section
192-13, 3-15, 4-12 or 5-520, including any supplemental petitions
20thereunder in Section 3-15, 4-12 or 5-520.
21    (12.1) "Physically capable adult relative" means a person
2221 years of age or older who does not have a severe physical
23disability or medical condition, or is not suffering from
24alcoholism or drug addiction, that prevents him or her from
25providing the care necessary to safeguard the physical safety
26and welfare of a minor who is left in that person's care by the

 

 

HB5257 Engrossed- 11 -LRB100 18028 SLF 33216 b

1parent or parents or other person responsible for the minor's
2welfare.
3    (12.2) "Post Permanency Sibling Contact Agreement" has the
4meaning ascribed to the term in Section 7.4 of the Children and
5Family Services Act.
6    (12.3) "Residential treatment center" means a licensed
7setting that provides 24-hour 24 hour care to children in a
8group home or institution, including a facility licensed as a
9child care institution under Section 2.06 of the Child Care Act
10of 1969, a licensed group home under Section 2.16 of the Child
11Care Act of 1969, a secure child care facility as defined in
12paragraph (18) of this Section, or any similar facility in
13another state. "Residential treatment center" does not include
14a relative foster home or a licensed foster family home.
15    (13) "Residual parental rights and responsibilities" means
16those rights and responsibilities remaining with the parent
17after the transfer of legal custody or guardianship of the
18person, including, but not necessarily limited to, the right to
19reasonable visitation (which may be limited by the court in the
20best interests of the minor as provided in subsection (8)(b) of
21this Section), the right to consent to adoption, the right to
22determine the minor's religious affiliation, and the
23responsibility for his support.
24    (14) "Shelter" means the temporary care of a minor in
25physically unrestricting facilities pending court disposition
26or execution of court order for placement.

 

 

HB5257 Engrossed- 12 -LRB100 18028 SLF 33216 b

1    (14.05) "Shelter placement" means a temporary or emergency
2placement for a minor, including an emergency foster home
3placement.
4    (14.1) "Sibling Contact Support Plan" has the meaning
5ascribed to the term in Section 7.4 of the Children and Family
6Services Act.
7    (14.2) "Significant event report" means a written document
8describing an occurrence or event beyond the customary
9operations, routines, or relationships in the Department of
10Children of Family Services, a child care facility, or other
11entity that is licensed or regulated by the Department of
12Children of Family Services or that provides services for the
13Department of Children of Family Services under a grant,
14contract, or purchase of service agreement; involving children
15or youth, employees, foster parents, or relative caregivers;
16allegations of abuse or neglect or any other incident raising a
17concern about the well-being of a minor under the jurisdiction
18of the court under Article II of the Juvenile Court Act;
19incidents involving damage to property, allegations of
20criminal activity, misconduct, or other occurrences affecting
21the operations of the Department of Children of Family Services
22or a child care facility; any incident that could have media
23impact; and unusual incidents as defined by Department of
24Children and Family Services rule.
25    (15) "Station adjustment" means the informal handling of an
26alleged offender by a juvenile police officer.

 

 

HB5257 Engrossed- 13 -LRB100 18028 SLF 33216 b

1    (16) "Ward of the court" means a minor who is so adjudged
2under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
3requisite jurisdictional facts, and thus is subject to the
4dispositional powers of the court under this Act.
5    (17) "Juvenile police officer" means a sworn police officer
6who has completed a Basic Recruit Training Course, has been
7assigned to the position of juvenile police officer by his or
8her chief law enforcement officer and has completed the
9necessary juvenile officers training as prescribed by the
10Illinois Law Enforcement Training Standards Board, or in the
11case of a State police officer, juvenile officer training
12approved by the Director of the Department of State Police.
13    (18) "Secure child care facility" means any child care
14facility licensed by the Department of Children and Family
15Services to provide secure living arrangements for children
16under 18 years of age who are subject to placement in
17facilities under the Children and Family Services Act and who
18are not subject to placement in facilities for whom standards
19are established by the Department of Corrections under Section
203-15-2 of the Unified Code of Corrections. "Secure child care
21facility" also means a facility that is designed and operated
22to ensure that all entrances and exits from the facility, a
23building, or a distinct part of the building are under the
24exclusive control of the staff of the facility, whether or not
25the child has the freedom of movement within the perimeter of
26the facility, building, or distinct part of the building.

 

 

HB5257 Engrossed- 14 -LRB100 18028 SLF 33216 b

1(Source: P.A. 99-85, eff. 1-1-16; 100-136, eff. 8-8-17;
2100-229, eff. 1-1-18; revised 10-10-17.)
 
3    (705 ILCS 405/2-17)  (from Ch. 37, par. 802-17)
4    Sec. 2-17. Guardian ad litem.
5    (1) Immediately upon the filing of a petition alleging that
6the minor is a person described in Sections 2-3 or 2-4 of this
7Article, the court shall appoint a guardian ad litem for the
8minor if:
9        (a) such petition alleges that the minor is an abused
10    or neglected child; or
11        (b) such petition alleges that charges alleging the
12    commission of any of the sex offenses defined in Article 11
13    or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
14    11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
15    Criminal Code of 1961 or the Criminal Code of 2012, have
16    been filed against a defendant in any court and that such
17    minor is the alleged victim of the acts of defendant in the
18    commission of such offense.
19    Unless the guardian ad litem appointed pursuant to this
20paragraph (1) is an attorney at law he shall be represented in
21the performance of his duties by counsel. The guardian ad litem
22shall represent the best interests of the minor and shall
23present recommendations to the court consistent with that duty.
24    (2) Before proceeding with the hearing, the court shall
25appoint a guardian ad litem for the minor if

 

 

HB5257 Engrossed- 15 -LRB100 18028 SLF 33216 b

1        (a) no parent, guardian, custodian or relative of the
2    minor appears at the first or any subsequent hearing of the
3    case;
4        (b) the petition prays for the appointment of a
5    guardian with power to consent to adoption; or
6        (c) the petition for which the minor is before the
7    court resulted from a report made pursuant to the Abused
8    and Neglected Child Reporting Act.
9    (3) The court may appoint a guardian ad litem for the minor
10whenever it finds that there may be a conflict of interest
11between the minor and his parents or other custodian or that it
12is otherwise in the minor's best interest to do so.
13    (4) Unless the guardian ad litem is an attorney, he shall
14be represented by counsel.
15    (5) The reasonable fees of a guardian ad litem appointed
16under this Section shall be fixed by the court and charged to
17the parents of the minor, to the extent they are able to pay.
18If the parents are unable to pay those fees, they shall be paid
19from the general fund of the county.
20    (6) A guardian ad litem appointed under this Section, shall
21receive copies of any and all classified reports of child abuse
22and neglect made under the Abused and Neglected Child Reporting
23Act in which the minor who is the subject of a report under the
24Abused and Neglected Child Reporting Act, is also the minor for
25whom the guardian ad litem is appointed under this Section.
26    (6.5) A guardian ad litem appointed under this Section or

 

 

HB5257 Engrossed- 16 -LRB100 18028 SLF 33216 b

1attorney appointed under this Act, shall receive a copy of each
2significant event report that involves the minor no later than
33 days after the Department learns of an event requiring a
4significant event report to be written, or earlier as required
5by Department rule.
6    (7) The appointed guardian ad litem shall remain the
7child's guardian ad litem throughout the entire juvenile trial
8court proceedings, including permanency hearings and
9termination of parental rights proceedings, unless there is a
10substitution entered by order of the court.
11    (8) The guardian ad litem or an agent of the guardian ad
12litem shall have a minimum of one in-person contact with the
13minor and one contact with one of the current foster parents or
14caregivers prior to the adjudicatory hearing, and at least one
15additional in-person contact with the child and one contact
16with one of the current foster parents or caregivers after the
17adjudicatory hearing but prior to the first permanency hearing
18and one additional in-person contact with the child and one
19contact with one of the current foster parents or caregivers
20each subsequent year. For good cause shown, the judge may
21excuse face-to-face interviews required in this subsection.
22    (9) In counties with a population of 100,000 or more but
23less than 3,000,000, each guardian ad litem must successfully
24complete a training program approved by the Department of
25Children and Family Services. The Department of Children and
26Family Services shall provide training materials and documents

 

 

HB5257 Engrossed- 17 -LRB100 18028 SLF 33216 b

1to guardians ad litem who are not mandated to attend the
2training program. The Department of Children and Family
3Services shall develop and distribute to all guardians ad litem
4a bibliography containing information including but not
5limited to the juvenile court process, termination of parental
6rights, child development, medical aspects of child abuse, and
7the child's need for safety and permanence.
8(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)