SB2655 EnrolledLRB100 19842 SLF 35118 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 5 as follows:
 
6    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7    Sec. 5. Direct child welfare services; Department of
8Children and Family Services. To provide direct child welfare
9services when not available through other public or private
10child care or program facilities.
11    (a) For purposes of this Section:
12        (1) "Children" means persons found within the State who
13    are under the age of 18 years. The term also includes
14    persons under age 21 who:
15            (A) were committed to the Department pursuant to
16        the Juvenile Court Act or the Juvenile Court Act of
17        1987, as amended, prior to the age of 18 and who
18        continue under the jurisdiction of the court; or
19            (B) were accepted for care, service and training by
20        the Department prior to the age of 18 and whose best
21        interest in the discretion of the Department would be
22        served by continuing that care, service and training
23        because of severe emotional disturbances, physical

 

 

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1        disability, social adjustment or any combination
2        thereof, or because of the need to complete an
3        educational or vocational training program.
4        (2) "Homeless youth" means persons found within the
5    State who are under the age of 19, are not in a safe and
6    stable living situation and cannot be reunited with their
7    families.
8        (3) "Child welfare services" means public social
9    services which are directed toward the accomplishment of
10    the following purposes:
11            (A) protecting and promoting the health, safety
12        and welfare of children, including homeless, dependent
13        or neglected children;
14            (B) remedying, or assisting in the solution of
15        problems which may result in, the neglect, abuse,
16        exploitation or delinquency of children;
17            (C) preventing the unnecessary separation of
18        children from their families by identifying family
19        problems, assisting families in resolving their
20        problems, and preventing the breakup of the family
21        where the prevention of child removal is desirable and
22        possible when the child can be cared for at home
23        without endangering the child's health and safety;
24            (D) restoring to their families children who have
25        been removed, by the provision of services to the child
26        and the families when the child can be cared for at

 

 

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1        home without endangering the child's health and
2        safety;
3            (E) placing children in suitable adoptive homes,
4        in cases where restoration to the biological family is
5        not safe, possible or appropriate;
6            (F) assuring safe and adequate care of children
7        away from their homes, in cases where the child cannot
8        be returned home or cannot be placed for adoption. At
9        the time of placement, the Department shall consider
10        concurrent planning, as described in subsection (l-1)
11        of this Section so that permanency may occur at the
12        earliest opportunity. Consideration should be given so
13        that if reunification fails or is delayed, the
14        placement made is the best available placement to
15        provide permanency for the child;
16            (G) (blank);
17            (H) (blank); and
18            (I) placing and maintaining children in facilities
19        that provide separate living quarters for children
20        under the age of 18 and for children 18 years of age
21        and older, unless a child 18 years of age is in the
22        last year of high school education or vocational
23        training, in an approved individual or group treatment
24        program, in a licensed shelter facility, or secure
25        child care facility. The Department is not required to
26        place or maintain children:

 

 

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1                (i) who are in a foster home, or
2                (ii) who are persons with a developmental
3            disability, as defined in the Mental Health and
4            Developmental Disabilities Code, or
5                (iii) who are female children who are
6            pregnant, pregnant and parenting or parenting, or
7                (iv) who are siblings, in facilities that
8            provide separate living quarters for children 18
9            years of age and older and for children under 18
10            years of age.
11    (b) Nothing in this Section shall be construed to authorize
12the expenditure of public funds for the purpose of performing
13abortions.
14    (c) The Department shall establish and maintain
15tax-supported child welfare services and extend and seek to
16improve voluntary services throughout the State, to the end
17that services and care shall be available on an equal basis
18throughout the State to children requiring such services.
19    (d) The Director may authorize advance disbursements for
20any new program initiative to any agency contracting with the
21Department. As a prerequisite for an advance disbursement, the
22contractor must post a surety bond in the amount of the advance
23disbursement and have a purchase of service contract approved
24by the Department. The Department may pay up to 2 months
25operational expenses in advance. The amount of the advance
26disbursement shall be prorated over the life of the contract or

 

 

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1the remaining months of the fiscal year, whichever is less, and
2the installment amount shall then be deducted from future
3bills. Advance disbursement authorizations for new initiatives
4shall not be made to any agency after that agency has operated
5during 2 consecutive fiscal years. The requirements of this
6Section concerning advance disbursements shall not apply with
7respect to the following: payments to local public agencies for
8child day care services as authorized by Section 5a of this
9Act; and youth service programs receiving grant funds under
10Section 17a-4.
11    (e) (Blank).
12    (f) (Blank).
13    (g) The Department shall establish rules and regulations
14concerning its operation of programs designed to meet the goals
15of child safety and protection, family preservation, family
16reunification, and adoption, including but not limited to:
17        (1) adoption;
18        (2) foster care;
19        (3) family counseling;
20        (4) protective services;
21        (5) (blank);
22        (6) homemaker service;
23        (7) return of runaway children;
24        (8) (blank);
25        (9) placement under Section 5-7 of the Juvenile Court
26    Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile

 

 

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1    Court Act of 1987 in accordance with the federal Adoption
2    Assistance and Child Welfare Act of 1980; and
3        (10) interstate services.
4    Rules and regulations established by the Department shall
5include provisions for training Department staff and the staff
6of Department grantees, through contracts with other agencies
7or resources, in alcohol and drug abuse screening techniques
8approved by the Department of Human Services, as a successor to
9the Department of Alcoholism and Substance Abuse, for the
10purpose of identifying children and adults who should be
11referred to an alcohol and drug abuse treatment program for
12professional evaluation.
13    (h) If the Department finds that there is no appropriate
14program or facility within or available to the Department for a
15youth in care and that no licensed private facility has an
16adequate and appropriate program or none agrees to accept the
17youth in care, the Department shall create an appropriate
18individualized, program-oriented plan for such youth in care.
19The plan may be developed within the Department or through
20purchase of services by the Department to the extent that it is
21within its statutory authority to do.
22    (i) Service programs shall be available throughout the
23State and shall include but not be limited to the following
24services:
25        (1) case management;
26        (2) homemakers;

 

 

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1        (3) counseling;
2        (4) parent education;
3        (5) day care; and
4        (6) emergency assistance and advocacy.
5    In addition, the following services may be made available
6to assess and meet the needs of children and families:
7        (1) comprehensive family-based services;
8        (2) assessments;
9        (3) respite care; and
10        (4) in-home health services.
11    The Department shall provide transportation for any of the
12services it makes available to children or families or for
13which it refers children or families.
14    (j) The Department may provide categories of financial
15assistance and education assistance grants, and shall
16establish rules and regulations concerning the assistance and
17grants, to persons who adopt children with physical or mental
18disabilities, children who are older, or other hard-to-place
19children who (i) immediately prior to their adoption were youth
20in care or (ii) were determined eligible for financial
21assistance with respect to a prior adoption and who become
22available for adoption because the prior adoption has been
23dissolved and the parental rights of the adoptive parents have
24been terminated or because the child's adoptive parents have
25died. The Department may continue to provide financial
26assistance and education assistance grants for a child who was

 

 

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1determined eligible for financial assistance under this
2subsection (j) in the interim period beginning when the child's
3adoptive parents died and ending with the finalization of the
4new adoption of the child by another adoptive parent or
5parents. The Department may also provide categories of
6financial assistance and education assistance grants, and
7shall establish rules and regulations for the assistance and
8grants, to persons appointed guardian of the person under
9Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
104-25 or 5-740 of the Juvenile Court Act of 1987 for children
11who were youth in care for 12 months immediately prior to the
12appointment of the guardian.
13    The amount of assistance may vary, depending upon the needs
14of the child and the adoptive parents, as set forth in the
15annual assistance agreement. Special purpose grants are
16allowed where the child requires special service but such costs
17may not exceed the amounts which similar services would cost
18the Department if it were to provide or secure them as guardian
19of the child.
20    Any financial assistance provided under this subsection is
21inalienable by assignment, sale, execution, attachment,
22garnishment, or any other remedy for recovery or collection of
23a judgment or debt.
24    (j-5) The Department shall not deny or delay the placement
25of a child for adoption if an approved family is available
26either outside of the Department region handling the case, or

 

 

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1outside of the State of Illinois.
2    (k) The Department shall accept for care and training any
3child who has been adjudicated neglected or abused, or
4dependent committed to it pursuant to the Juvenile Court Act or
5the Juvenile Court Act of 1987.
6    (l) The Department shall offer family preservation
7services, as defined in Section 8.2 of the Abused and Neglected
8Child Reporting Act, to help families, including adoptive and
9extended families. Family preservation services shall be
10offered (i) to prevent the placement of children in substitute
11care when the children can be cared for at home or in the
12custody of the person responsible for the children's welfare,
13(ii) to reunite children with their families, or (iii) to
14maintain an adoptive placement. Family preservation services
15shall only be offered when doing so will not endanger the
16children's health or safety. With respect to children who are
17in substitute care pursuant to the Juvenile Court Act of 1987,
18family preservation services shall not be offered if a goal
19other than those of subdivisions (A), (B), or (B-1) of
20subsection (2) of Section 2-28 of that Act has been set, except
21that reunification services may be offered as provided in
22paragraph (F) of subsection (2) of Section 2-28 of that Act.
23Nothing in this paragraph shall be construed to create a
24private right of action or claim on the part of any individual
25or child welfare agency, except that when a child is the
26subject of an action under Article II of the Juvenile Court Act

 

 

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1of 1987 and the child's service plan calls for services to
2facilitate achievement of the permanency goal, the court
3hearing the action under Article II of the Juvenile Court Act
4of 1987 may order the Department to provide the services set
5out in the plan, if those services are not provided with
6reasonable promptness and if those services are available.
7    The Department shall notify the child and his family of the
8Department's responsibility to offer and provide family
9preservation services as identified in the service plan. The
10child and his family shall be eligible for services as soon as
11the report is determined to be "indicated". The Department may
12offer services to any child or family with respect to whom a
13report of suspected child abuse or neglect has been filed,
14prior to concluding its investigation under Section 7.12 of the
15Abused and Neglected Child Reporting Act. However, the child's
16or family's willingness to accept services shall not be
17considered in the investigation. The Department may also
18provide services to any child or family who is the subject of
19any report of suspected child abuse or neglect or may refer
20such child or family to services available from other agencies
21in the community, even if the report is determined to be
22unfounded, if the conditions in the child's or family's home
23are reasonably likely to subject the child or family to future
24reports of suspected child abuse or neglect. Acceptance of such
25services shall be voluntary. The Department may also provide
26services to any child or family after completion of a family

 

 

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1assessment, as an alternative to an investigation, as provided
2under the "differential response program" provided for in
3subsection (a-5) of Section 7.4 of the Abused and Neglected
4Child Reporting Act.
5    The Department may, at its discretion except for those
6children also adjudicated neglected or dependent, accept for
7care and training any child who has been adjudicated addicted,
8as a truant minor in need of supervision or as a minor
9requiring authoritative intervention, under the Juvenile Court
10Act or the Juvenile Court Act of 1987, but no such child shall
11be committed to the Department by any court without the
12approval of the Department. On and after January 1, 2015 (the
13effective date of Public Act 98-803) this amendatory Act of the
1498th General Assembly and before January 1, 2017, a minor
15charged with a criminal offense under the Criminal Code of 1961
16or the Criminal Code of 2012 or adjudicated delinquent shall
17not be placed in the custody of or committed to the Department
18by any court, except (i) a minor less than 16 years of age
19committed to the Department under Section 5-710 of the Juvenile
20Court Act of 1987, (ii) a minor for whom an independent basis
21of abuse, neglect, or dependency exists, which must be defined
22by departmental rule, or (iii) a minor for whom the court has
23granted a supplemental petition to reinstate wardship pursuant
24to subsection (2) of Section 2-33 of the Juvenile Court Act of
251987. On and after January 1, 2017, a minor charged with a
26criminal offense under the Criminal Code of 1961 or the

 

 

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1Criminal Code of 2012 or adjudicated delinquent shall not be
2placed in the custody of or committed to the Department by any
3court, except (i) a minor less than 15 years of age committed
4to the Department under Section 5-710 of the Juvenile Court Act
5of 1987, ii) a minor for whom an independent basis of abuse,
6neglect, or dependency exists, which must be defined by
7departmental rule, or (iii) a minor for whom the court has
8granted a supplemental petition to reinstate wardship pursuant
9to subsection (2) of Section 2-33 of the Juvenile Court Act of
101987. An independent basis exists when the allegations or
11adjudication of abuse, neglect, or dependency do not arise from
12the same facts, incident, or circumstances which give rise to a
13charge or adjudication of delinquency. The Department shall
14assign a caseworker to attend any hearing involving a youth in
15the care and custody of the Department who is placed on
16aftercare release, including hearings involving sanctions for
17violation of aftercare release conditions and aftercare
18release revocation hearings.
19    As soon as is possible after August 7, 2009 (the effective
20date of Public Act 96-134), the Department shall develop and
21implement a special program of family preservation services to
22support intact, foster, and adoptive families who are
23experiencing extreme hardships due to the difficulty and stress
24of caring for a child who has been diagnosed with a pervasive
25developmental disorder if the Department determines that those
26services are necessary to ensure the health and safety of the

 

 

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1child. The Department may offer services to any family whether
2or not a report has been filed under the Abused and Neglected
3Child Reporting Act. The Department may refer the child or
4family to services available from other agencies in the
5community if the conditions in the child's or family's home are
6reasonably likely to subject the child or family to future
7reports of suspected child abuse or neglect. Acceptance of
8these services shall be voluntary. The Department shall develop
9and implement a public information campaign to alert health and
10social service providers and the general public about these
11special family preservation services. The nature and scope of
12the services offered and the number of families served under
13the special program implemented under this paragraph shall be
14determined by the level of funding that the Department annually
15allocates for this purpose. The term "pervasive developmental
16disorder" under this paragraph means a neurological condition,
17including but not limited to, Asperger's Syndrome and autism,
18as defined in the most recent edition of the Diagnostic and
19Statistical Manual of Mental Disorders of the American
20Psychiatric Association.
21    (l-1) The legislature recognizes that the best interests of
22the child require that the child be placed in the most
23permanent living arrangement as soon as is practically
24possible. To achieve this goal, the legislature directs the
25Department of Children and Family Services to conduct
26concurrent planning so that permanency may occur at the

 

 

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1earliest opportunity. Permanent living arrangements may
2include prevention of placement of a child outside the home of
3the family when the child can be cared for at home without
4endangering the child's health or safety; reunification with
5the family, when safe and appropriate, if temporary placement
6is necessary; or movement of the child toward the most
7permanent living arrangement and permanent legal status.
8    When determining reasonable efforts to be made with respect
9to a child, as described in this subsection, and in making such
10reasonable efforts, the child's health and safety shall be the
11paramount concern.
12    When a child is placed in foster care, the Department shall
13ensure and document that reasonable efforts were made to
14prevent or eliminate the need to remove the child from the
15child's home. The Department must make reasonable efforts to
16reunify the family when temporary placement of the child occurs
17unless otherwise required, pursuant to the Juvenile Court Act
18of 1987. At any time after the dispositional hearing where the
19Department believes that further reunification services would
20be ineffective, it may request a finding from the court that
21reasonable efforts are no longer appropriate. The Department is
22not required to provide further reunification services after
23such a finding.
24    A decision to place a child in substitute care shall be
25made with considerations of the child's health, safety, and
26best interests. At the time of placement, consideration should

 

 

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1also be given so that if reunification fails or is delayed, the
2placement made is the best available placement to provide
3permanency for the child.
4    The Department shall adopt rules addressing concurrent
5planning for reunification and permanency. The Department
6shall consider the following factors when determining
7appropriateness of concurrent planning:
8        (1) the likelihood of prompt reunification;
9        (2) the past history of the family;
10        (3) the barriers to reunification being addressed by
11    the family;
12        (4) the level of cooperation of the family;
13        (5) the foster parents' willingness to work with the
14    family to reunite;
15        (6) the willingness and ability of the foster family to
16    provide an adoptive home or long-term placement;
17        (7) the age of the child;
18        (8) placement of siblings.
19    (m) The Department may assume temporary custody of any
20child if:
21        (1) it has received a written consent to such temporary
22    custody signed by the parents of the child or by the parent
23    having custody of the child if the parents are not living
24    together or by the guardian or custodian of the child if
25    the child is not in the custody of either parent, or
26        (2) the child is found in the State and neither a

 

 

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1    parent, guardian nor custodian of the child can be located.
2If the child is found in his or her residence without a parent,
3guardian, custodian or responsible caretaker, the Department
4may, instead of removing the child and assuming temporary
5custody, place an authorized representative of the Department
6in that residence until such time as a parent, guardian or
7custodian enters the home and expresses a willingness and
8apparent ability to ensure the child's health and safety and
9resume permanent charge of the child, or until a relative
10enters the home and is willing and able to ensure the child's
11health and safety and assume charge of the child until a
12parent, guardian or custodian enters the home and expresses
13such willingness and ability to ensure the child's safety and
14resume permanent charge. After a caretaker has remained in the
15home for a period not to exceed 12 hours, the Department must
16follow those procedures outlined in Section 2-9, 3-11, 4-8, or
175-415 of the Juvenile Court Act of 1987.
18    The Department shall have the authority, responsibilities
19and duties that a legal custodian of the child would have
20pursuant to subsection (9) of Section 1-3 of the Juvenile Court
21Act of 1987. Whenever a child is taken into temporary custody
22pursuant to an investigation under the Abused and Neglected
23Child Reporting Act, or pursuant to a referral and acceptance
24under the Juvenile Court Act of 1987 of a minor in limited
25custody, the Department, during the period of temporary custody
26and before the child is brought before a judicial officer as

 

 

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1required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
2Court Act of 1987, shall have the authority, responsibilities
3and duties that a legal custodian of the child would have under
4subsection (9) of Section 1-3 of the Juvenile Court Act of
51987.
6    The Department shall ensure that any child taken into
7custody is scheduled for an appointment for a medical
8examination.
9    A parent, guardian or custodian of a child in the temporary
10custody of the Department who would have custody of the child
11if he were not in the temporary custody of the Department may
12deliver to the Department a signed request that the Department
13surrender the temporary custody of the child. The Department
14may retain temporary custody of the child for 10 days after the
15receipt of the request, during which period the Department may
16cause to be filed a petition pursuant to the Juvenile Court Act
17of 1987. If a petition is so filed, the Department shall retain
18temporary custody of the child until the court orders
19otherwise. If a petition is not filed within the 10-day 10 day
20period, the child shall be surrendered to the custody of the
21requesting parent, guardian or custodian not later than the
22expiration of the 10-day 10 day period, at which time the
23authority and duties of the Department with respect to the
24temporary custody of the child shall terminate.
25    (m-1) The Department may place children under 18 years of
26age in a secure child care facility licensed by the Department

 

 

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1that cares for children who are in need of secure living
2arrangements for their health, safety, and well-being after a
3determination is made by the facility director and the Director
4or the Director's designate prior to admission to the facility
5subject to Section 2-27.1 of the Juvenile Court Act of 1987.
6This subsection (m-1) does not apply to a child who is subject
7to placement in a correctional facility operated pursuant to
8Section 3-15-2 of the Unified Code of Corrections, unless the
9child is a youth in care who was placed in the care of the
10Department before being subject to placement in a correctional
11facility and a court of competent jurisdiction has ordered
12placement of the child in a secure care facility.
13    (n) The Department may place children under 18 years of age
14in licensed child care facilities when in the opinion of the
15Department, appropriate services aimed at family preservation
16have been unsuccessful and cannot ensure the child's health and
17safety or are unavailable and such placement would be for their
18best interest. Payment for board, clothing, care, training and
19supervision of any child placed in a licensed child care
20facility may be made by the Department, by the parents or
21guardians of the estates of those children, or by both the
22Department and the parents or guardians, except that no
23payments shall be made by the Department for any child placed
24in a licensed child care facility for board, clothing, care,
25training and supervision of such a child that exceed the
26average per capita cost of maintaining and of caring for a

 

 

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1child in institutions for dependent or neglected children
2operated by the Department. However, such restriction on
3payments does not apply in cases where children require
4specialized care and treatment for problems of severe emotional
5disturbance, physical disability, social adjustment, or any
6combination thereof and suitable facilities for the placement
7of such children are not available at payment rates within the
8limitations set forth in this Section. All reimbursements for
9services delivered shall be absolutely inalienable by
10assignment, sale, attachment, garnishment or otherwise.
11    (n-1) The Department shall provide or authorize child
12welfare services, aimed at assisting minors to achieve
13sustainable self-sufficiency as independent adults, for any
14minor eligible for the reinstatement of wardship pursuant to
15subsection (2) of Section 2-33 of the Juvenile Court Act of
161987, whether or not such reinstatement is sought or allowed,
17provided that the minor consents to such services and has not
18yet attained the age of 21. The Department shall have
19responsibility for the development and delivery of services
20under this Section. An eligible youth may access services under
21this Section through the Department of Children and Family
22Services or by referral from the Department of Human Services.
23Youth participating in services under this Section shall
24cooperate with the assigned case manager in developing an
25agreement identifying the services to be provided and how the
26youth will increase skills to achieve self-sufficiency. A

 

 

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1homeless shelter is not considered appropriate housing for any
2youth receiving child welfare services under this Section. The
3Department shall continue child welfare services under this
4Section to any eligible minor until the minor becomes 21 years
5of age, no longer consents to participate, or achieves
6self-sufficiency as identified in the minor's service plan. The
7Department of Children and Family Services shall create clear,
8readable notice of the rights of former foster youth to child
9welfare services under this Section and how such services may
10be obtained. The Department of Children and Family Services and
11the Department of Human Services shall disseminate this
12information statewide. The Department shall adopt regulations
13describing services intended to assist minors in achieving
14sustainable self-sufficiency as independent adults.
15    (o) The Department shall establish an administrative
16review and appeal process for children and families who request
17or receive child welfare services from the Department. Youth in
18care who are placed by private child welfare agencies, and
19foster families with whom those youth are placed, shall be
20afforded the same procedural and appeal rights as children and
21families in the case of placement by the Department, including
22the right to an initial review of a private agency decision by
23that agency. The Department shall ensure that any private child
24welfare agency, which accepts youth in care for placement,
25affords those rights to children and foster families. The
26Department shall accept for administrative review and an appeal

 

 

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1hearing a complaint made by (i) a child or foster family
2concerning a decision following an initial review by a private
3child welfare agency or (ii) a prospective adoptive parent who
4alleges a violation of subsection (j-5) of this Section. An
5appeal of a decision concerning a change in the placement of a
6child shall be conducted in an expedited manner. A court
7determination that a current foster home placement is necessary
8and appropriate under Section 2-28 of the Juvenile Court Act of
91987 does not constitute a judicial determination on the merits
10of an administrative appeal, filed by a former foster parent,
11involving a change of placement decision.
12    (p) (Blank).
13    (q) The Department may receive and use, in their entirety,
14for the benefit of children any gift, donation or bequest of
15money or other property which is received on behalf of such
16children, or any financial benefits to which such children are
17or may become entitled while under the jurisdiction or care of
18the Department.
19    The Department shall set up and administer no-cost,
20interest-bearing accounts in appropriate financial
21institutions for children for whom the Department is legally
22responsible and who have been determined eligible for Veterans'
23Benefits, Social Security benefits, assistance allotments from
24the armed forces, court ordered payments, parental voluntary
25payments, Supplemental Security Income, Railroad Retirement
26payments, Black Lung benefits, or other miscellaneous

 

 

SB2655 Enrolled- 22 -LRB100 19842 SLF 35118 b

1payments. Interest earned by each account shall be credited to
2the account, unless disbursed in accordance with this
3subsection.
4    In disbursing funds from children's accounts, the
5Department shall:
6        (1) Establish standards in accordance with State and
7    federal laws for disbursing money from children's
8    accounts. In all circumstances, the Department's
9    "Guardianship Administrator" or his or her designee must
10    approve disbursements from children's accounts. The
11    Department shall be responsible for keeping complete
12    records of all disbursements for each account for any
13    purpose.
14        (2) Calculate on a monthly basis the amounts paid from
15    State funds for the child's board and care, medical care
16    not covered under Medicaid, and social services; and
17    utilize funds from the child's account, as covered by
18    regulation, to reimburse those costs. Monthly,
19    disbursements from all children's accounts, up to 1/12 of
20    $13,000,000, shall be deposited by the Department into the
21    General Revenue Fund and the balance over 1/12 of
22    $13,000,000 into the DCFS Children's Services Fund.
23        (3) Maintain any balance remaining after reimbursing
24    for the child's costs of care, as specified in item (2).
25    The balance shall accumulate in accordance with relevant
26    State and federal laws and shall be disbursed to the child

 

 

SB2655 Enrolled- 23 -LRB100 19842 SLF 35118 b

1    or his or her guardian, or to the issuing agency.
2    (r) The Department shall promulgate regulations
3encouraging all adoption agencies to voluntarily forward to the
4Department or its agent names and addresses of all persons who
5have applied for and have been approved for adoption of a
6hard-to-place child or child with a disability and the names of
7such children who have not been placed for adoption. A list of
8such names and addresses shall be maintained by the Department
9or its agent, and coded lists which maintain the
10confidentiality of the person seeking to adopt the child and of
11the child shall be made available, without charge, to every
12adoption agency in the State to assist the agencies in placing
13such children for adoption. The Department may delegate to an
14agent its duty to maintain and make available such lists. The
15Department shall ensure that such agent maintains the
16confidentiality of the person seeking to adopt the child and of
17the child.
18    (s) The Department of Children and Family Services may
19establish and implement a program to reimburse Department and
20private child welfare agency foster parents licensed by the
21Department of Children and Family Services for damages
22sustained by the foster parents as a result of the malicious or
23negligent acts of foster children, as well as providing third
24party coverage for such foster parents with regard to actions
25of foster children to other individuals. Such coverage will be
26secondary to the foster parent liability insurance policy, if

 

 

SB2655 Enrolled- 24 -LRB100 19842 SLF 35118 b

1applicable. The program shall be funded through appropriations
2from the General Revenue Fund, specifically designated for such
3purposes.
4    (t) The Department shall perform home studies and
5investigations and shall exercise supervision over visitation
6as ordered by a court pursuant to the Illinois Marriage and
7Dissolution of Marriage Act or the Adoption Act only if:
8        (1) an order entered by an Illinois court specifically
9    directs the Department to perform such services; and
10        (2) the court has ordered one or both of the parties to
11    the proceeding to reimburse the Department for its
12    reasonable costs for providing such services in accordance
13    with Department rules, or has determined that neither party
14    is financially able to pay.
15    The Department shall provide written notification to the
16court of the specific arrangements for supervised visitation
17and projected monthly costs within 60 days of the court order.
18The Department shall send to the court information related to
19the costs incurred except in cases where the court has
20determined the parties are financially unable to pay. The court
21may order additional periodic reports as appropriate.
22    (u) In addition to other information that must be provided,
23whenever the Department places a child with a prospective
24adoptive parent or parents or in a licensed foster home, group
25home, child care institution, or in a relative home, the
26Department shall provide to the prospective adoptive parent or

 

 

SB2655 Enrolled- 25 -LRB100 19842 SLF 35118 b

1parents or other caretaker:
2        (1) available detailed information concerning the
3    child's educational and health history, copies of
4    immunization records (including insurance and medical card
5    information), a history of the child's previous
6    placements, if any, and reasons for placement changes
7    excluding any information that identifies or reveals the
8    location of any previous caretaker;
9        (2) a copy of the child's portion of the client service
10    plan, including any visitation arrangement, and all
11    amendments or revisions to it as related to the child; and
12        (3) information containing details of the child's
13    individualized educational plan when the child is
14    receiving special education services.
15    The caretaker shall be informed of any known social or
16behavioral information (including, but not limited to,
17criminal background, fire setting, perpetuation of sexual
18abuse, destructive behavior, and substance abuse) necessary to
19care for and safeguard the children to be placed or currently
20in the home. The Department may prepare a written summary of
21the information required by this paragraph, which may be
22provided to the foster or prospective adoptive parent in
23advance of a placement. The foster or prospective adoptive
24parent may review the supporting documents in the child's file
25in the presence of casework staff. In the case of an emergency
26placement, casework staff shall at least provide known

 

 

SB2655 Enrolled- 26 -LRB100 19842 SLF 35118 b

1information verbally, if necessary, and must subsequently
2provide the information in writing as required by this
3subsection.
4    The information described in this subsection shall be
5provided in writing. In the case of emergency placements when
6time does not allow prior review, preparation, and collection
7of written information, the Department shall provide such
8information as it becomes available. Within 10 business days
9after placement, the Department shall obtain from the
10prospective adoptive parent or parents or other caretaker a
11signed verification of receipt of the information provided.
12Within 10 business days after placement, the Department shall
13provide to the child's guardian ad litem a copy of the
14information provided to the prospective adoptive parent or
15parents or other caretaker. The information provided to the
16prospective adoptive parent or parents or other caretaker shall
17be reviewed and approved regarding accuracy at the supervisory
18level.
19    (u-5) Effective July 1, 1995, only foster care placements
20licensed as foster family homes pursuant to the Child Care Act
21of 1969 shall be eligible to receive foster care payments from
22the Department. Relative caregivers who, as of July 1, 1995,
23were approved pursuant to approved relative placement rules
24previously promulgated by the Department at 89 Ill. Adm. Code
25335 and had submitted an application for licensure as a foster
26family home may continue to receive foster care payments only

 

 

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1until the Department determines that they may be licensed as a
2foster family home or that their application for licensure is
3denied or until September 30, 1995, whichever occurs first.
4    (v) The Department shall access criminal history record
5information as defined in the Illinois Uniform Conviction
6Information Act and information maintained in the adjudicatory
7and dispositional record system as defined in Section 2605-355
8of the Department of State Police Law (20 ILCS 2605/2605-355)
9if the Department determines the information is necessary to
10perform its duties under the Abused and Neglected Child
11Reporting Act, the Child Care Act of 1969, and the Children and
12Family Services Act. The Department shall provide for
13interactive computerized communication and processing
14equipment that permits direct on-line communication with the
15Department of State Police's central criminal history data
16repository. The Department shall comply with all certification
17requirements and provide certified operators who have been
18trained by personnel from the Department of State Police. In
19addition, one Office of the Inspector General investigator
20shall have training in the use of the criminal history
21information access system and have access to the terminal. The
22Department of Children and Family Services and its employees
23shall abide by rules and regulations established by the
24Department of State Police relating to the access and
25dissemination of this information.
26    (v-1) Prior to final approval for placement of a child, the

 

 

SB2655 Enrolled- 28 -LRB100 19842 SLF 35118 b

1Department shall conduct a criminal records background check of
2the prospective foster or adoptive parent, including
3fingerprint-based checks of national crime information
4databases. Final approval for placement shall not be granted if
5the record check reveals a felony conviction for child abuse or
6neglect, for spousal abuse, for a crime against children, or
7for a crime involving violence, including rape, sexual assault,
8or homicide, but not including other physical assault or
9battery, or if there is a felony conviction for physical
10assault, battery, or a drug-related offense committed within
11the past 5 years.
12    (v-2) Prior to final approval for placement of a child, the
13Department shall check its child abuse and neglect registry for
14information concerning prospective foster and adoptive
15parents, and any adult living in the home. If any prospective
16foster or adoptive parent or other adult living in the home has
17resided in another state in the preceding 5 years, the
18Department shall request a check of that other state's child
19abuse and neglect registry.
20    (w) Within 120 days of August 20, 1995 (the effective date
21of Public Act 89-392), the Department shall prepare and submit
22to the Governor and the General Assembly, a written plan for
23the development of in-state licensed secure child care
24facilities that care for children who are in need of secure
25living arrangements for their health, safety, and well-being.
26For purposes of this subsection, secure care facility shall

 

 

SB2655 Enrolled- 29 -LRB100 19842 SLF 35118 b

1mean a facility that is designed and operated to ensure that
2all entrances and exits from the facility, a building or a
3distinct part of the building, are under the exclusive control
4of the staff of the facility, whether or not the child has the
5freedom of movement within the perimeter of the facility,
6building, or distinct part of the building. The plan shall
7include descriptions of the types of facilities that are needed
8in Illinois; the cost of developing these secure care
9facilities; the estimated number of placements; the potential
10cost savings resulting from the movement of children currently
11out-of-state who are projected to be returned to Illinois; the
12necessary geographic distribution of these facilities in
13Illinois; and a proposed timetable for development of such
14facilities.
15    (x) The Department shall conduct annual credit history
16checks to determine the financial history of children placed
17under its guardianship pursuant to the Juvenile Court Act of
181987. The Department shall conduct such credit checks starting
19when a youth in care turns 12 years old and each year
20thereafter for the duration of the guardianship as terminated
21pursuant to the Juvenile Court Act of 1987. The Department
22shall determine if financial exploitation of the child's
23personal information has occurred. If financial exploitation
24appears to have taken place or is presently ongoing, the
25Department shall notify the proper law enforcement agency, the
26proper State's Attorney, or the Attorney General.

 

 

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1    (y) Beginning on July 22, 2010 (the effective date of
2Public Act 96-1189) this amendatory Act of the 96th General
3Assembly, a child with a disability who receives residential
4and educational services from the Department shall be eligible
5to receive transition services in accordance with Article 14 of
6the School Code from the age of 14.5 through age 21, inclusive,
7notwithstanding the child's residential services arrangement.
8For purposes of this subsection, "child with a disability"
9means a child with a disability as defined by the federal
10Individuals with Disabilities Education Improvement Act of
112004.
12    (z) The Department shall access criminal history record
13information as defined as "background information" in this
14subsection and criminal history record information as defined
15in the Illinois Uniform Conviction Information Act for each
16Department employee or Department applicant. Each Department
17employee or Department applicant shall submit his or her
18fingerprints to the Department of State Police in the form and
19manner prescribed by the Department of State Police. These
20fingerprints shall be checked against the fingerprint records
21now and hereafter filed in the Department of State Police and
22the Federal Bureau of Investigation criminal history records
23databases. The Department of State Police shall charge a fee
24for conducting the criminal history record check, which shall
25be deposited into the State Police Services Fund and shall not
26exceed the actual cost of the record check. The Department of

 

 

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1State Police shall furnish, pursuant to positive
2identification, all Illinois conviction information to the
3Department of Children and Family Services.
4    For purposes of this subsection:
5    "Background information" means all of the following:
6        (i) Upon the request of the Department of Children and
7    Family Services, conviction information obtained from the
8    Department of State Police as a result of a
9    fingerprint-based criminal history records check of the
10    Illinois criminal history records database and the Federal
11    Bureau of Investigation criminal history records database
12    concerning a Department employee or Department applicant.
13        (ii) Information obtained by the Department of
14    Children and Family Services after performing a check of
15    the Department of State Police's Sex Offender Database, as
16    authorized by Section 120 of the Sex Offender Community
17    Notification Law, concerning a Department employee or
18    Department applicant.
19        (iii) Information obtained by the Department of
20    Children and Family Services after performing a check of
21    the Child Abuse and Neglect Tracking System (CANTS)
22    operated and maintained by the Department.
23    "Department employee" means a full-time or temporary
24employee coded or certified within the State of Illinois
25Personnel System.
26    "Department applicant" means an individual who has

 

 

SB2655 Enrolled- 32 -LRB100 19842 SLF 35118 b

1conditional Department full-time or part-time work, a
2contractor, an individual used to replace or supplement staff,
3an academic intern, a volunteer in Department offices or on
4Department contracts, a work-study student, an individual or
5entity licensed by the Department, or an unlicensed service
6provider who works as a condition of a contract or an agreement
7and whose work may bring the unlicensed service provider into
8contact with Department clients or client records.
9(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
10100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised
111-22-18.)
 
12    Section 6. The Custody Relinquishment Prevention Act is
13amended by adding Sections 25, 30, and 40 as follows:
 
14    (20 ILCS 540/25 new)
15    Sec. 25. Specialized Family Support Program. For purposes
16of addressing the problem of children remaining in psychiatric
17hospitals beyond medical necessity, a child under 18 years of
18age who has been diagnosed with a serious mental illness or
19serious emotional disturbance and has been reported to, or is
20at risk of being reported to the Department of Children and
21Family Services Child Abuse Hotline as a minor at risk of
22custody relinquishment shall be eligible for emergency access
23to the Specialized Family Support Program for 90 days for
24purposes of stabilizing the child and family, preventing a

 

 

SB2655 Enrolled- 33 -LRB100 19842 SLF 35118 b

1psychiatric lockout, or custody relinquishment that leads to a
2hospital stay beyond medical necessity.
 
3    (20 ILCS 540/30 new)
4    Sec. 30. Transition bed capacity.
5    (a) The Department of Healthcare and Family Services shall
6use unspent or lapsed Individual Care Grant funds and Family
7Support and Specialized Family Support Program funds to address
8the shortage of Specialized Family Support Program transition
9bed services for children that are appropriate for the acuity
10level of the child's needs. The Department of Healthcare and
11Family Services shall pay for increased capacity of Specialized
12Family Support Program transition bed services beginning in
13fiscal year 2019 using the Medicaid rate for residential
14treatment plus consideration of an increased rate for capacity
15building purposes. The Department of Healthcare and Family
16Services shall work to develop this capacity in regions across
17the State to ensure that a child is placed in a residential
18treatment facility close to where the family resides to foster
19family reunification. Within 60 days after the effective date
20of this amendatory Act of the 100th General Assembly, the
21Department of Healthcare and Family Services shall develop a
22plan for increasing capacity for transitional bed services and
23community-based treatment for the Family Support Program and
24Specialized Family Support Program services that address the
25acuity level of children in or at risk of psychiatric lockout

 

 

SB2655 Enrolled- 34 -LRB100 19842 SLF 35118 b

1to ensure that the purchase of Specialized Family Support
2Program transition bed services does not diminish the capacity
3of longer term therapeutic residential treatment beds for youth
4with high behavioral health needs. This report shall be
5submitted to the General Assembly within 90 days after the
6effective date of this amendatory Act of the 100th General
7Assembly. The report to the General Assembly shall be filed
8with the Clerk of the House of Representatives and the
9Secretary of the Senate in electronic form only, in the manner
10that the Clerk and the Secretary shall direct.
11    (b) Within 30 days after the effective date of this
12amendatory Act of the 100th General Assembly the Department of
13Children and Family Services shall increase its guaranteed
14residential bed capacity by utilizing Department Rule Part 356
15or the Illinois Purchased Care Review Board Rule.
 
16    (20 ILCS 540/40 new)
17    Sec. 40. Increasing awareness of the Family Support
18Program.
19    (a) The Department of Healthcare and Family Services shall
20undertake a one-year awareness campaign to educate hospitals
21with in-patient psychiatric units for children on the
22availability of services through the Family Support Program and
23the Specialized Family Support Program for support of a child
24with serious mental health needs. The campaign shall include
25marketing materials for the programs, eligibility criteria,

 

 

SB2655 Enrolled- 35 -LRB100 19842 SLF 35118 b

1information about the application process, and the value the
2programs can bring to families to avoid psychiatric crises. The
3Department shall begin this awareness campaign within 180 days
4after the effective date of this amendatory Act of the 100th
5General Assembly.
6    (b) This Section is repealed on July 15, 2020.
 
7    Section 7. The Mental Health and Developmental
8Disabilities Administrative Act is amended by changing Section
97.1 as follows:
 
10    (20 ILCS 1705/7.1)  (from Ch. 91 1/2, par. 100-7.1)
11    Sec. 7.1. Individual Care Grants.
12    (a) For the purposes of this Section 7.1, "Department"
13means the Department of Healthcare and Family Services.
14    (b) To assist families in seeking intensive
15community-based services or residential placement for children
16with mental illness, for whom no appropriate care is available
17in State-operated facilities, the Department shall supplement
18the amount a family is able to pay, as determined by the
19Department and the amount available from other sources,
20provided the Department's share shall not exceed a uniform
21maximum rate to be determined from time to time by the
22Department. The Department may exercise the authority under
23this Section as is necessary to implement the provisions of
24Section 5-5.23 of the Illinois Public Aid Code and to

 

 

SB2655 Enrolled- 36 -LRB100 19842 SLF 35118 b

1administer Individual Care Grants. The Department shall work
2collaboratively with stakeholders and family representatives
3in the implementation of this Section.
4    (c) A child shall continue to be eligible for an Individual
5Care Grant if the child is placed in the temporary custody of
6the Department of Children and Family Services under Article II
7of the Juvenile Care Act of 1987 because the child was left at
8a psychiatric hospital beyond medical necessity and an
9application for the Family Support Program was pending with the
10Department or an active application was being reviewed by the
11Department when the petition under the Juvenile Court Act of
121987 was filed.
13    (d) If the Department determines that the child meets all
14the eligibility criteria for Family Support Services and
15approves the application, the Department shall notify the
16parents and the Department of Children and Family Services. The
17court hearing the child's case under the Juvenile Court Act of
181987 shall conduct a hearing within 14 days after all parties
19have been notified and determine whether to vacate the custody
20or guardianship of the Department of Children and Family
21Services and return the child to the custody of his or her
22parents with Family Support Services in place or whether the
23child shall continue in the custody of the Department of
24Children and Family Services and decline the Family Support
25Program. The court shall conduct the hearing under Section 2-4b
26of the Juvenile Court Act of 1987. If the court vacates the

 

 

SB2655 Enrolled- 37 -LRB100 19842 SLF 35118 b

1custody or guardianship of the Department of Children and
2Family Services and returns the child to the custody of the
3respondent with Family Support Services, the Department shall
4become fiscally responsible for providing services to the
5child. If the court determines that the child shall continue in
6the custody of the Department of Children and Family Services,
7the Department of Children and Family Services shall remain
8fiscally responsible for providing services to the child, the
9Family Support Services shall be declined, and the child shall
10no longer be eligible for Family Support Services.
11    (e) The Department shall provide an expedited review
12process for applications for minors in the custody or
13guardianship of the Department of Children and Family Services
14who continue to remain eligible for Individual Care Grants. The
15Department shall work collaboratively with stakeholders,
16including legal representatives of minors in care, providers of
17residential treatment services, and with the Department of
18Children and Family Services, to ensure that minors who are
19recipients of Individual Care Grants under this Section and
20Section 2-4b of the Juvenile Court Act of 1987 do not
21experience a disruption in services if the minor transitions
22from one program to another. The Department shall adopt rules
23to implement this Section no later than July 1, 2019.
24(Source: P.A. 99-479, eff. 9-10-15.)
 
25    Section 10. The Juvenile Court Act of 1987 is amended by

 

 

SB2655 Enrolled- 38 -LRB100 19842 SLF 35118 b

1changing Sections 2-23 and 2-28 and by adding Section 2-4b as
2follows:
 
3    (705 ILCS 405/2-4b new)
4    Sec. 2-4b. Family Support Program services; hearing.
5    (a) Any minor who is placed in the custody or guardianship
6of the Department of Children and Family Services under Article
7II of this Act on the basis of a petition alleging that the
8minor is dependent because the minor was left at a psychiatric
9hospital beyond medical necessity, and for whom an application
10for the Family Support Program was pending with the Department
11of Healthcare and Family Services or an active application was
12being reviewed by the Department of Healthcare and Family
13Services at the time the petition was filed, shall continue to
14be considered eligible for services if all other eligibility
15criteria are met.
16    (b) The court shall conduct a hearing within 14 days upon
17notification to all parties that an application for the Family
18Support Program services has been approved and services are
19available. At the hearing, the court shall determine whether to
20vacate the custody or guardianship of the Department of
21Children and Family Services and return the minor to the
22custody of the respondent with Family Support Program services
23or whether the minor shall continue to be in the custody or
24guardianship of the Department of Children and Family Services
25and decline the Family Support Program services. In making its

 

 

SB2655 Enrolled- 39 -LRB100 19842 SLF 35118 b

1determination, the court shall consider the minor's best
2interest, the involvement of the respondent in proceedings
3under this Act, the involvement of the respondent in the
4minor's treatment, the relationship between the minor and the
5respondent, and any other factor the court deems relevant. If
6the court vacates the custody or guardianship of the Department
7of Children and Family Services and returns the minor to the
8custody of the respondent with Family Support Services, the
9Department of Healthcare and Family Services shall become
10fiscally responsible for providing services to the minor. If
11the court determines that the minor shall continue in the
12custody of the Department of Children and Family Services, the
13Department of Children and Family Services shall remain
14fiscally responsible for providing services to the minor, the
15Family Support Services shall be declined, and the minor shall
16no longer be eligible for Family Support Services.
17    (c) This Section does not apply to a minor:
18        (1) for whom a petition has been filed under this Act
19    alleging that he or she is an abused or neglected minor;
20        (2) for whom the court has made a finding that he or
21    she is an abused or neglected minor under this Act; or
22        (3) who is in the temporary custody of the Department
23    of Children and Family Services and the minor has been the
24    subject of an indicated allegation of abuse or neglect,
25    other than for psychiatric lock-out, where a respondent was
26    the perpetrator within 5 years of the filing of the pending

 

 

SB2655 Enrolled- 40 -LRB100 19842 SLF 35118 b

1    petition.
 
2    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
3    Sec. 2-23. Kinds of dispositional orders.
4    (1) The following kinds of orders of disposition may be
5made in respect of wards of the court:
6        (a) A minor under 18 years of age found to be neglected
7    or abused under Section 2-3 or dependent under Section 2-4
8    may be (1) continued in the custody of his or her parents,
9    guardian or legal custodian; (2) placed in accordance with
10    Section 2-27; (3) restored to the custody of the parent,
11    parents, guardian, or legal custodian, provided the court
12    shall order the parent, parents, guardian, or legal
13    custodian to cooperate with the Department of Children and
14    Family Services and comply with the terms of an after-care
15    plan or risk the loss of custody of the child and the
16    possible termination of their parental rights; or (4)
17    ordered partially or completely emancipated in accordance
18    with the provisions of the Emancipation of Minors Act.
19        However, in any case in which a minor is found by the
20    court to be neglected or abused under Section 2-3 of this
21    Act, custody of the minor shall not be restored to any
22    parent, guardian or legal custodian whose acts or omissions
23    or both have been identified, pursuant to subsection (1) of
24    Section 2-21, as forming the basis for the court's finding
25    of abuse or neglect, until such time as a hearing is held

 

 

SB2655 Enrolled- 41 -LRB100 19842 SLF 35118 b

1    on the issue of the best interests of the minor and the
2    fitness of such parent, guardian or legal custodian to care
3    for the minor without endangering the minor's health or
4    safety, and the court enters an order that such parent,
5    guardian or legal custodian is fit to care for the minor.
6        (b) A minor under 18 years of age found to be dependent
7    under Section 2-4 may be (1) placed in accordance with
8    Section 2-27 or (2) ordered partially or completely
9    emancipated in accordance with the provisions of the
10    Emancipation of Minors Act.
11        However, in any case in which a minor is found by the
12    court to be dependent under Section 2-4 of this Act,
13    custody of the minor shall not be restored to any parent,
14    guardian or legal custodian whose acts or omissions or both
15    have been identified, pursuant to subsection (1) of Section
16    2-21, as forming the basis for the court's finding of
17    dependency, until such time as a hearing is held on the
18    issue of the fitness of such parent, guardian or legal
19    custodian to care for the minor without endangering the
20    minor's health or safety, and the court enters an order
21    that such parent, guardian or legal custodian is fit to
22    care for the minor.
23        (b-1) A minor between the ages of 18 and 21 may be
24    placed pursuant to Section 2-27 of this Act if (1) the
25    court has granted a supplemental petition to reinstate
26    wardship of the minor pursuant to subsection (2) of Section

 

 

SB2655 Enrolled- 42 -LRB100 19842 SLF 35118 b

1    2-33, or (2) the court has adjudicated the minor a ward of
2    the court, permitted the minor to return home under an
3    order of protection, and subsequently made a finding that
4    it is in the minor's best interest to vacate the order of
5    protection and commit the minor to the Department of
6    Children and Family Services for care and service, or (3)
7    the court returned the minor to the custody of the
8    respondent under Section 2-4b of this Act without
9    terminating the proceedings under Section 2-31 of this Act,
10    and subsequently made a finding that it is in the minor's
11    best interest to commit the minor to the Department of
12    Children and Family Services for care and services.
13        (c) When the court awards guardianship to the
14    Department of Children and Family Services, the court shall
15    order the parents to cooperate with the Department of
16    Children and Family Services, comply with the terms of the
17    service plans, and correct the conditions that require the
18    child to be in care, or risk termination of their parental
19    rights.
20    (2) Any order of disposition may provide for protective
21supervision under Section 2-24 and may include an order of
22protection under Section 2-25.
23    Unless the order of disposition expressly so provides, it
24does not operate to close proceedings on the pending petition,
25but is subject to modification, not inconsistent with Section
262-28, until final closing and discharge of the proceedings

 

 

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1under Section 2-31.
2    (3) The court also shall enter any other orders necessary
3to fulfill the service plan, including, but not limited to, (i)
4orders requiring parties to cooperate with services, (ii)
5restraining orders controlling the conduct of any party likely
6to frustrate the achievement of the goal, and (iii) visiting
7orders. When the child is placed separately from a sibling, the
8court shall review the Sibling Contact Support Plan developed
9under subsection (f) of Section 7.4 of the Children and Family
10Services Act, if applicable. If the Department has not convened
11a meeting to develop a Sibling Contact Support Plan, or if the
12court finds that the existing Plan is not in the child's best
13interest, the court may enter an order requiring the Department
14to develop and implement a Sibling Contact Support Plan under
15subsection (f) of Section 7.4 of the Children and Family
16Services Act or order mediation. Unless otherwise specifically
17authorized by law, the court is not empowered under this
18subsection (3) to order specific placements, specific
19services, or specific service providers to be included in the
20plan. If, after receiving evidence, the court determines that
21the services contained in the plan are not reasonably
22calculated to facilitate achievement of the permanency goal,
23the court shall put in writing the factual basis supporting the
24determination and enter specific findings based on the
25evidence. The court also shall enter an order for the
26Department to develop and implement a new service plan or to

 

 

SB2655 Enrolled- 44 -LRB100 19842 SLF 35118 b

1implement changes to the current service plan consistent with
2the court's findings. The new service plan shall be filed with
3the court and served on all parties within 45 days after the
4date of the order. The court shall continue the matter until
5the new service plan is filed. Except as authorized by
6subsection (3.5) of this Section or authorized by law, the
7court is not empowered under this Section to order specific
8placements, specific services, or specific service providers
9to be included in the service plan.
10    (3.5) If, after reviewing the evidence, including evidence
11from the Department, the court determines that the minor's
12current or planned placement is not necessary or appropriate to
13facilitate achievement of the permanency goal, the court shall
14put in writing the factual basis supporting its determination
15and enter specific findings based on the evidence. If the court
16finds that the minor's current or planned placement is not
17necessary or appropriate, the court may enter an order
18directing the Department to implement a recommendation by the
19minor's treating clinician or a clinician contracted by the
20Department to evaluate the minor or a recommendation made by
21the Department. If the Department places a minor in a placement
22under an order entered under this subsection (3.5), the
23Department has the authority to remove the minor from that
24placement when a change in circumstances necessitates the
25removal to protect the minor's health, safety, and best
26interest. If the Department determines removal is necessary,

 

 

SB2655 Enrolled- 45 -LRB100 19842 SLF 35118 b

1the Department shall notify the parties of the planned
2placement change in writing no later than 10 days prior to the
3implementation of its determination unless remaining in the
4placement poses an imminent risk of harm to the minor, in which
5case the Department shall notify the parties of the placement
6change in writing immediately following the implementation of
7its decision. The Department shall notify others of the
8decision to change the minor's placement as required by
9Department rule.
10    (4) In addition to any other order of disposition, the
11court may order any minor adjudicated neglected with respect to
12his or her own injurious behavior to make restitution, in
13monetary or non-monetary form, under the terms and conditions
14of Section 5-5-6 of the Unified Code of Corrections, except
15that the "presentence hearing" referred to therein shall be the
16dispositional hearing for purposes of this Section. The parent,
17guardian or legal custodian of the minor may pay some or all of
18such restitution on the minor's behalf.
19    (5) Any order for disposition where the minor is committed
20or placed in accordance with Section 2-27 shall provide for the
21parents or guardian of the estate of such minor to pay to the
22legal custodian or guardian of the person of the minor such
23sums as are determined by the custodian or guardian of the
24person of the minor as necessary for the minor's needs. Such
25payments may not exceed the maximum amounts provided for by
26Section 9.1 of the Children and Family Services Act.

 

 

SB2655 Enrolled- 46 -LRB100 19842 SLF 35118 b

1    (6) Whenever the order of disposition requires the minor to
2attend school or participate in a program of training, the
3truant officer or designated school official shall regularly
4report to the court if the minor is a chronic or habitual
5truant under Section 26-2a of the School Code.
6    (7) The court may terminate the parental rights of a parent
7at the initial dispositional hearing if all of the conditions
8in subsection (5) of Section 2-21 are met.
9(Source: P.A. 100-45, eff. 8-11-17.)
 
10    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
11    Sec. 2-28. Court review.
12    (1) The court may require any legal custodian or guardian
13of the person appointed under this Act to report periodically
14to the court or may cite him into court and require him or his
15agency, to make a full and accurate report of his or its doings
16in behalf of the minor. The custodian or guardian, within 10
17days after such citation, or earlier if the court determines it
18to be necessary to protect the health, safety, or welfare of
19the minor, shall make the report, either in writing verified by
20affidavit or orally under oath in open court, or otherwise as
21the court directs. Upon the hearing of the report the court may
22remove the custodian or guardian and appoint another in his
23stead or restore the minor to the custody of his parents or
24former guardian or custodian. However, custody of the minor
25shall not be restored to any parent, guardian or legal

 

 

SB2655 Enrolled- 47 -LRB100 19842 SLF 35118 b

1custodian in any case in which the minor is found to be
2neglected or abused under Section 2-3 or dependent under
3Section 2-4 of this Act, unless the minor can be cared for at
4home without endangering the minor's health or safety and it is
5in the best interests of the minor, and if such neglect, abuse,
6or dependency is found by the court under paragraph (1) of
7Section 2-21 of this Act to have come about due to the acts or
8omissions or both of such parent, guardian or legal custodian,
9until such time as an investigation is made as provided in
10paragraph (5) and a hearing is held on the issue of the fitness
11of such parent, guardian or legal custodian to care for the
12minor and the court enters an order that such parent, guardian
13or legal custodian is fit to care for the minor.
14    (1.5) The public agency that is the custodian or guardian
15of the minor shall file a written report with the court no
16later than 15 days after a minor in the agency's care remains:
17        (1) in a shelter placement beyond 30 days;
18        (2) in a psychiatric hospital past the time when the
19    minor is clinically ready for discharge or beyond medical
20    necessity for the minor's health; or
21        (3) in a detention center or Department of Juvenile
22    Justice facility solely because the public agency cannot
23    find an appropriate placement for the minor.
24    The report shall explain the steps the agency is taking to
25ensure the minor is placed appropriately, how the minor's needs
26are being met in the minor's shelter placement, and if a future

 

 

SB2655 Enrolled- 48 -LRB100 19842 SLF 35118 b

1placement has been identified by the Department, why the
2anticipated placement is appropriate for the needs of the minor
3and the anticipated placement date.
4    (2) The first permanency hearing shall be conducted by the
5judge. Subsequent permanency hearings may be heard by a judge
6or by hearing officers appointed or approved by the court in
7the manner set forth in Section 2-28.1 of this Act. The initial
8hearing shall be held (a) within 12 months from the date
9temporary custody was taken, regardless of whether an
10adjudication or dispositional hearing has been completed
11within that time frame, (b) if the parental rights of both
12parents have been terminated in accordance with the procedure
13described in subsection (5) of Section 2-21, within 30 days of
14the order for termination of parental rights and appointment of
15a guardian with power to consent to adoption, or (c) in
16accordance with subsection (2) of Section 2-13.1. Subsequent
17permanency hearings shall be held every 6 months or more
18frequently if necessary in the court's determination following
19the initial permanency hearing, in accordance with the
20standards set forth in this Section, until the court determines
21that the plan and goal have been achieved. Once the plan and
22goal have been achieved, if the minor remains in substitute
23care, the case shall be reviewed at least every 6 months
24thereafter, subject to the provisions of this Section, unless
25the minor is placed in the guardianship of a suitable relative
26or other person and the court determines that further

 

 

SB2655 Enrolled- 49 -LRB100 19842 SLF 35118 b

1monitoring by the court does not further the health, safety or
2best interest of the child and that this is a stable permanent
3placement. The permanency hearings must occur within the time
4frames set forth in this subsection and may not be delayed in
5anticipation of a report from any source or due to the agency's
6failure to timely file its written report (this written report
7means the one required under the next paragraph and does not
8mean the service plan also referred to in that paragraph).
9    The public agency that is the custodian or guardian of the
10minor, or another agency responsible for the minor's care,
11shall ensure that all parties to the permanency hearings are
12provided a copy of the most recent service plan prepared within
13the prior 6 months at least 14 days in advance of the hearing.
14If not contained in the agency's service plan, the agency shall
15also include a report setting forth (i) any special physical,
16psychological, educational, medical, emotional, or other needs
17of the minor or his or her family that are relevant to a
18permanency or placement determination and (ii) for any minor
19age 16 or over, a written description of the programs and
20services that will enable the minor to prepare for independent
21living. If not contained in the agency's service plan, the
22agency's report shall specify if a minor is placed in a
23licensed child care facility under a corrective plan by the
24Department due to concerns impacting the minor's safety and
25well-being. The report shall explain the steps the Department
26is taking to ensure the safety and well-being of the minor and

 

 

SB2655 Enrolled- 50 -LRB100 19842 SLF 35118 b

1that the minor's needs are met in the facility. The agency's
2written report must detail what progress or lack of progress
3the parent has made in correcting the conditions requiring the
4child to be in care; whether the child can be returned home
5without jeopardizing the child's health, safety, and welfare,
6and if not, what permanency goal is recommended to be in the
7best interests of the child, and why the other permanency goals
8are not appropriate. The caseworker must appear and testify at
9the permanency hearing. If a permanency hearing has not
10previously been scheduled by the court, the moving party shall
11move for the setting of a permanency hearing and the entry of
12an order within the time frames set forth in this subsection.
13    At the permanency hearing, the court shall determine the
14future status of the child. The court shall set one of the
15following permanency goals:
16        (A) The minor will be returned home by a specific date
17    within 5 months.
18        (B) The minor will be in short-term care with a
19    continued goal to return home within a period not to exceed
20    one year, where the progress of the parent or parents is
21    substantial giving particular consideration to the age and
22    individual needs of the minor.
23        (B-1) The minor will be in short-term care with a
24    continued goal to return home pending a status hearing.
25    When the court finds that a parent has not made reasonable
26    efforts or reasonable progress to date, the court shall

 

 

SB2655 Enrolled- 51 -LRB100 19842 SLF 35118 b

1    identify what actions the parent and the Department must
2    take in order to justify a finding of reasonable efforts or
3    reasonable progress and shall set a status hearing to be
4    held not earlier than 9 months from the date of
5    adjudication nor later than 11 months from the date of
6    adjudication during which the parent's progress will again
7    be reviewed.
8        (C) The minor will be in substitute care pending court
9    determination on termination of parental rights.
10        (D) Adoption, provided that parental rights have been
11    terminated or relinquished.
12        (E) The guardianship of the minor will be transferred
13    to an individual or couple on a permanent basis provided
14    that goals (A) through (D) have been ruled out.
15        (F) The minor over age 15 will be in substitute care
16    pending independence. In selecting this permanency goal,
17    the Department of Children and Family Services may provide
18    services to enable reunification and to strengthen the
19    minor's connections with family, fictive kin, and other
20    responsible adults, provided the services are in the
21    minor's best interest. The services shall be documented in
22    the service plan.
23        (G) The minor will be in substitute care because he or
24    she cannot be provided for in a home environment due to
25    developmental disabilities or mental illness or because he
26    or she is a danger to self or others, provided that goals

 

 

SB2655 Enrolled- 52 -LRB100 19842 SLF 35118 b

1    (A) through (D) have been ruled out.
2    In selecting any permanency goal, the court shall indicate
3in writing the reasons the goal was selected and why the
4preceding goals were ruled out. Where the court has selected a
5permanency goal other than (A), (B), or (B-1), the Department
6of Children and Family Services shall not provide further
7reunification services, except as provided in paragraph (F) of
8this subsection (2), but shall provide services consistent with
9the goal selected.
10        (H) Notwithstanding any other provision in this
11    Section, the court may select the goal of continuing foster
12    care as a permanency goal if:
13            (1) The Department of Children and Family Services
14        has custody and guardianship of the minor;
15            (2) The court has ruled out all other permanency
16        goals based on the child's best interest;
17            (3) The court has found compelling reasons, based
18        on written documentation reviewed by the court, to
19        place the minor in continuing foster care. Compelling
20        reasons include:
21                (a) the child does not wish to be adopted or to
22            be placed in the guardianship of his or her
23            relative or foster care placement;
24                (b) the child exhibits an extreme level of need
25            such that the removal of the child from his or her
26            placement would be detrimental to the child; or

 

 

SB2655 Enrolled- 53 -LRB100 19842 SLF 35118 b

1                (c) the child who is the subject of the
2            permanency hearing has existing close and strong
3            bonds with a sibling, and achievement of another
4            permanency goal would substantially interfere with
5            the subject child's sibling relationship, taking
6            into consideration the nature and extent of the
7            relationship, and whether ongoing contact is in
8            the subject child's best interest, including
9            long-term emotional interest, as compared with the
10            legal and emotional benefit of permanence;
11            (4) The child has lived with the relative or foster
12        parent for at least one year; and
13            (5) The relative or foster parent currently caring
14        for the child is willing and capable of providing the
15        child with a stable and permanent environment.
16    The court shall set a permanency goal that is in the best
17interest of the child. In determining that goal, the court
18shall consult with the minor in an age-appropriate manner
19regarding the proposed permanency or transition plan for the
20minor. The court's determination shall include the following
21factors:
22        (1) Age of the child.
23        (2) Options available for permanence, including both
24    out-of-State and in-State placement options.
25        (3) Current placement of the child and the intent of
26    the family regarding adoption.

 

 

SB2655 Enrolled- 54 -LRB100 19842 SLF 35118 b

1        (4) Emotional, physical, and mental status or
2    condition of the child.
3        (5) Types of services previously offered and whether or
4    not the services were successful and, if not successful,
5    the reasons the services failed.
6        (6) Availability of services currently needed and
7    whether the services exist.
8        (7) Status of siblings of the minor.
9    The court shall consider (i) the permanency goal contained
10in the service plan, (ii) the appropriateness of the services
11contained in the plan and whether those services have been
12provided, (iii) whether reasonable efforts have been made by
13all the parties to the service plan to achieve the goal, and
14(iv) whether the plan and goal have been achieved. All evidence
15relevant to determining these questions, including oral and
16written reports, may be admitted and may be relied on to the
17extent of their probative value.
18    The court shall make findings as to whether, in violation
19of Section 8.2 of the Abused and Neglected Child Reporting Act,
20any portion of the service plan compels a child or parent to
21engage in any activity or refrain from any activity that is not
22reasonably related to remedying a condition or conditions that
23gave rise or which could give rise to any finding of child
24abuse or neglect. The services contained in the service plan
25shall include services reasonably related to remedy the
26conditions that gave rise to removal of the child from the home

 

 

SB2655 Enrolled- 55 -LRB100 19842 SLF 35118 b

1of his or her parents, guardian, or legal custodian or that the
2court has found must be remedied prior to returning the child
3home. Any tasks the court requires of the parents, guardian, or
4legal custodian or child prior to returning the child home,
5must be reasonably related to remedying a condition or
6conditions that gave rise to or which could give rise to any
7finding of child abuse or neglect.
8    If the permanency goal is to return home, the court shall
9make findings that identify any problems that are causing
10continued placement of the children away from the home and
11identify what outcomes would be considered a resolution to
12these problems. The court shall explain to the parents that
13these findings are based on the information that the court has
14at that time and may be revised, should additional evidence be
15presented to the court.
16    The court shall review the Sibling Contact Support Plan
17developed or modified under subsection (f) of Section 7.4 of
18the Children and Family Services Act, if applicable. If the
19Department has not convened a meeting to develop or modify a
20Sibling Contact Support Plan, or if the court finds that the
21existing Plan is not in the child's best interest, the court
22may enter an order requiring the Department to develop, modify
23or implement a Sibling Contact Support Plan, or order
24mediation.
25    If the goal has been achieved, the court shall enter orders
26that are necessary to conform the minor's legal custody and

 

 

SB2655 Enrolled- 56 -LRB100 19842 SLF 35118 b

1status to those findings.
2    If, after receiving evidence, the court determines that the
3services contained in the plan are not reasonably calculated to
4facilitate achievement of the permanency goal, the court shall
5put in writing the factual basis supporting the determination
6and enter specific findings based on the evidence. The court
7also shall enter an order for the Department to develop and
8implement a new service plan or to implement changes to the
9current service plan consistent with the court's findings. The
10new service plan shall be filed with the court and served on
11all parties within 45 days of the date of the order. The court
12shall continue the matter until the new service plan is filed.
13Except as authorized by subsection (2.5) of this Section and as
14otherwise specifically authorized by law, the court is not
15empowered under this Section to order specific placements,
16specific services, or specific service providers to be included
17in the service plan.
18    A guardian or custodian appointed by the court pursuant to
19this Act shall file updated case plans with the court every 6
20months.
21    Rights of wards of the court under this Act are enforceable
22against any public agency by complaints for relief by mandamus
23filed in any proceedings brought under this Act.
24    (2.5) If, after reviewing the evidence, including evidence
25from the Department, the court determines that the minor's
26current or planned placement is not necessary or appropriate to

 

 

SB2655 Enrolled- 57 -LRB100 19842 SLF 35118 b

1facilitate achievement of the permanency goal, the court shall
2put in writing the factual basis supporting its determination
3and enter specific findings based on the evidence. If the court
4finds that the minor's current or planned placement is not
5necessary or appropriate, the court may enter an order
6directing the Department to implement a recommendation by the
7minor's treating clinician or a clinician contracted by the
8Department to evaluate the minor or a recommendation made by
9the Department. If the Department places a minor in a placement
10under an order entered under this subsection (2.5), the
11Department has the authority to remove the minor from that
12placement when a change in circumstances necessitates the
13removal to protect the minor's health, safety, and best
14interest. If the Department determines removal is necessary,
15the Department shall notify the parties of the planned
16placement change in writing no later than 10 days prior to the
17implementation of its determination unless remaining in the
18placement poses an imminent risk of harm to the minor, in which
19case the Department shall notify the parties of the placement
20change in writing immediately following the implementation of
21its decision. The Department shall notify others of the
22decision to change the minor's placement as required by
23Department rule.
24    (3) Following the permanency hearing, the court shall enter
25a written order that includes the determinations required under
26subsection (2) of this Section and sets forth the following:

 

 

SB2655 Enrolled- 58 -LRB100 19842 SLF 35118 b

1        (a) The future status of the minor, including the
2    permanency goal, and any order necessary to conform the
3    minor's legal custody and status to such determination; or
4        (b) If the permanency goal of the minor cannot be
5    achieved immediately, the specific reasons for continuing
6    the minor in the care of the Department of Children and
7    Family Services or other agency for short term placement,
8    and the following determinations:
9            (i) (Blank).
10            (ii) Whether the services required by the court and
11        by any service plan prepared within the prior 6 months
12        have been provided and (A) if so, whether the services
13        were reasonably calculated to facilitate the
14        achievement of the permanency goal or (B) if not
15        provided, why the services were not provided.
16            (iii) Whether the minor's current or planned
17        placement current or planned is necessary, and
18        appropriate to the plan and goal, recognizing the right
19        of minors to the least restrictive (most family-like)
20        setting available and in close proximity to the
21        parents' home consistent with the health, safety, best
22        interest and special needs of the minor and, if the
23        minor is placed out-of-State, whether the out-of-State
24        placement continues to be appropriate and consistent
25        with the health, safety, and best interest of the
26        minor.

 

 

SB2655 Enrolled- 59 -LRB100 19842 SLF 35118 b

1            (iv) (Blank).
2            (v) (Blank).
3    (4) The minor or any person interested in the minor may
4apply to the court for a change in custody of the minor and the
5appointment of a new custodian or guardian of the person or for
6the restoration of the minor to the custody of his parents or
7former guardian or custodian.
8    When return home is not selected as the permanency goal:
9        (a) The Department, the minor, or the current foster
10    parent or relative caregiver seeking private guardianship
11    may file a motion for private guardianship of the minor.
12    Appointment of a guardian under this Section requires
13    approval of the court.
14        (b) The State's Attorney may file a motion to terminate
15    parental rights of any parent who has failed to make
16    reasonable efforts to correct the conditions which led to
17    the removal of the child or reasonable progress toward the
18    return of the child, as defined in subdivision (D)(m) of
19    Section 1 of the Adoption Act or for whom any other
20    unfitness ground for terminating parental rights as
21    defined in subdivision (D) of Section 1 of the Adoption Act
22    exists.
23        When parental rights have been terminated for a minimum
24    of 3 years and the child who is the subject of the
25    permanency hearing is 13 years old or older and is not
26    currently placed in a placement likely to achieve

 

 

SB2655 Enrolled- 60 -LRB100 19842 SLF 35118 b

1    permanency, the Department of Children and Family Services
2    shall make reasonable efforts to locate parents whose
3    rights have been terminated, except when the Court
4    determines that those efforts would be futile or
5    inconsistent with the subject child's best interests. The
6    Department of Children and Family Services shall assess the
7    appropriateness of the parent whose rights have been
8    terminated, and shall, as appropriate, foster and support
9    connections between the parent whose rights have been
10    terminated and the youth. The Department of Children and
11    Family Services shall document its determinations and
12    efforts to foster connections in the child's case plan.
13    Custody of the minor shall not be restored to any parent,
14guardian or legal custodian in any case in which the minor is
15found to be neglected or abused under Section 2-3 or dependent
16under Section 2-4 of this Act, unless the minor can be cared
17for at home without endangering his or her health or safety and
18it is in the best interest of the minor, and if such neglect,
19abuse, or dependency is found by the court under paragraph (1)
20of Section 2-21 of this Act to have come about due to the acts
21or omissions or both of such parent, guardian or legal
22custodian, until such time as an investigation is made as
23provided in paragraph (5) and a hearing is held on the issue of
24the health, safety and best interest of the minor and the
25fitness of such parent, guardian or legal custodian to care for
26the minor and the court enters an order that such parent,

 

 

SB2655 Enrolled- 61 -LRB100 19842 SLF 35118 b

1guardian or legal custodian is fit to care for the minor. In
2the event that the minor has attained 18 years of age and the
3guardian or custodian petitions the court for an order
4terminating his guardianship or custody, guardianship or
5custody shall terminate automatically 30 days after the receipt
6of the petition unless the court orders otherwise. No legal
7custodian or guardian of the person may be removed without his
8consent until given notice and an opportunity to be heard by
9the court.
10    When the court orders a child restored to the custody of
11the parent or parents, the court shall order the parent or
12parents to cooperate with the Department of Children and Family
13Services and comply with the terms of an after-care plan, or
14risk the loss of custody of the child and possible termination
15of their parental rights. The court may also enter an order of
16protective supervision in accordance with Section 2-24.
17    (5) Whenever a parent, guardian, or legal custodian files a
18motion for restoration of custody of the minor, and the minor
19was adjudicated neglected, abused, or dependent as a result of
20physical abuse, the court shall cause to be made an
21investigation as to whether the movant has ever been charged
22with or convicted of any criminal offense which would indicate
23the likelihood of any further physical abuse to the minor.
24Evidence of such criminal convictions shall be taken into
25account in determining whether the minor can be cared for at
26home without endangering his or her health or safety and

 

 

SB2655 Enrolled- 62 -LRB100 19842 SLF 35118 b

1fitness of the parent, guardian, or legal custodian.
2        (a) Any agency of this State or any subdivision thereof
3    shall co-operate with the agent of the court in providing
4    any information sought in the investigation.
5        (b) The information derived from the investigation and
6    any conclusions or recommendations derived from the
7    information shall be provided to the parent, guardian, or
8    legal custodian seeking restoration of custody prior to the
9    hearing on fitness and the movant shall have an opportunity
10    at the hearing to refute the information or contest its
11    significance.
12        (c) All information obtained from any investigation
13    shall be confidential as provided in Section 5-150 of this
14    Act.
15(Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17;
16100-229, eff. 1-1-18; revised 10-10-17.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.