093_HB3810

 
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 1        AN ACT to concerning charges imposed by State agencies.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        (20 ILCS 505/9.1 rep.)
 5        (20 ILCS 505/9.2 rep.)
 6        (20 ILCS 505/9.3 rep.)
 7        (20 ILCS 505/9.4 rep.)
 8        (20 ILCS 505/9.5 rep.)
 9        (20 ILCS 505/9.6 rep.)
10        (20 ILCS 505/9.7 rep.)
11        (20 ILCS 505/9.8 rep.)
12        Section  5.  The  Children  and  Family  Services  Act is
13    amended by repealing Sections 9.1, 9.2, 9.3, 9.4,  9.5,  9.6,
14    9.7, and 9.8.

15        Section 10.  The Juvenile Court Act of 1987 is amended by
16    changing Sections 1-3 and 2-23 as follows:

17        (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
18        Sec.  1-3.  Definitions.   Terms used in this Act, unless
19    the context otherwise requires, have the  following  meanings
20    ascribed to them:
21        (1)  "Adjudicatory  hearing" means a hearing to determine
22    whether the allegations of a  petition  under  Section  2-13,
23    3-15  or  4-12  that a minor under 18 years of age is abused,
24    neglected   or   dependent,   or    requires    authoritative
25    intervention,  or  addicted, respectively, are supported by a
26    preponderance of the evidence or whether the allegations of a
27    petition under Section 5-520 that a minor is  delinquent  are
28    proved beyond a reasonable doubt.
29        (2)  "Adult" means a person 21 years of age or older.
30        (3)  "Agency"  means  a  public  or  private  child  care
 
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 1    facility  legally  authorized  or  licensed by this State for
 2    placement or institutional care or  for  both  placement  and
 3    institutional care.
 4        (4)  "Association"  means  any  organization,  public  or
 5    private,  engaged in welfare functions which include services
 6    to or on behalf of children but does not include "agency"  as
 7    herein defined.
 8        (4.05)    Whenever  a  "best  interest"  determination is
 9    required, the following factors shall be  considered  in  the
10    context of the child's age and developmental needs:
11        (a)  the  physical  safety  and  welfare  of  the  child,
12    including food, shelter, health, and clothing;
13        (b)  the development of the child's identity;
14        (c)  the child's background and ties, including familial,
15    cultural, and religious;
16        (d)  the child's sense of attachments, including:
17             (i)  where    the   child   actually   feels   love,
18        attachment, and a sense of being valued  (as  opposed  to
19        where  adults  believe  the  child should feel such love,
20        attachment, and a sense of being valued);
21             (ii)  the child's sense of security;
22             (iii)  the child's sense of familiarity;
23             (iv)  continuity of affection for the child;
24             (v)  the least disruptive placement alternative  for
25        the child;
26        (e)  the child's wishes and long-term goals;
27        (f)  the   child's   community  ties,  including  church,
28    school, and friends;
29        (g)  the child's need for permanence which  includes  the
30    child's  need  for  stability and continuity of relationships
31    with parent figures and with siblings and other relatives;
32        (h)  the uniqueness of every family and child;
33        (i)  the  risks  attendant  to  entering  and  being   in
34    substitute care; and
 
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 1        (j)  the preferences of the persons available to care for
 2    the child.
 3        (4.1)     "Chronic  truant"  shall  have  the  definition
 4    ascribed to it in Section 26-2a of the School Code.
 5        (5)  "Court" means the circuit  court  in  a  session  or
 6    division assigned to hear proceedings under this Act.
 7        (6)  "Dispositional hearing" means a hearing to determine
 8    whether a minor should be adjudged to be a ward of the court,
 9    and  to determine what order of disposition should be made in
10    respect to a minor adjudged to be a ward of the court.
11        (7)   "Emancipated minor" means any minor 16 years of age
12    or over who has  been  completely  or  partially  emancipated
13    under the "Emancipation of Mature Minors Act", enacted by the
14    Eighty-First General Assembly, or under this Act.
15        (8)  "Guardianship  of  the  person" of a minor means the
16    duty and authority to act in the best interests of the minor,
17    subject to residual parental rights and responsibilities,  to
18    make important decisions in matters having a permanent effect
19    on  the life and development of the minor and to be concerned
20    with his or her general  welfare.  It  includes  but  is  not
21    necessarily limited to:
22             (a)  the   authority  to  consent  to  marriage,  to
23        enlistment in the armed forces of the United  States,  or
24        to  a major medical, psychiatric, and surgical treatment;
25        to represent the minor in  legal  actions;  and  to  make
26        other   decisions   of   substantial  legal  significance
27        concerning the minor;
28             (b)  the   authority   and   duty   of    reasonable
29        visitation,  except  to  the  extent that these have been
30        limited in the best  interests  of  the  minor  by  court
31        order;
32             (c)  the   rights   and  responsibilities  of  legal
33        custody except where legal custody  has  been  vested  in
34        another person or agency; and
 
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 1             (d)  the  power  to  consent  to the adoption of the
 2        minor, but only if expressly conferred on the guardian in
 3        accordance with Section 2-29, 3-30, or 4-27.
 4        (9)  "Legal custody" means the relationship created by an
 5    order of court in the  best  interests  of  the  minor  which
 6    imposes  on  the  custodian  the  responsibility  of physical
 7    possession of a minor and the  duty  to  protect,  train  and
 8    discipline  him  and  to  provide  him  with  food,  shelter,
 9    education  and  ordinary  medical  care,  except as these are
10    limited by residual parental rights and responsibilities  and
11    the  rights  and  responsibilities  of  the  guardian  of the
12    person, if any.
13        (10)  "Minor" means a person under the age  of  21  years
14    subject to this Act.
15        (11)  "Parent"  means the father or mother of a child and
16    includes any adoptive parent.  It also  includes  a  man  (i)
17    whose paternity is presumed or has been established under the
18    law   of  this  or  another  jurisdiction  or  (ii)  who  has
19    registered with the Putative Father  Registry  in  accordance
20    with Section 12.1 of the Adoption Act and whose paternity has
21    not  been  ruled  out  under  the  law  of  this  or  another
22    jurisdiction.   It  does not include a parent whose rights in
23    respect to the minor  have  been  terminated  in  any  manner
24    provided by law.
25        (11.1)  "Permanency  goal"  means a goal set by the court
26    as defined in subdivision (2) of Section 2-28.
27        (11.2)  "Permanency hearing" means a hearing to  set  the
28    permanency   goal   and  to  review  and  determine  (i)  the
29    appropriateness of the services contained  in  the  plan  and
30    whether  those  services  have  been  provided,  (ii) whether
31    reasonable efforts have been made by all the parties  to  the
32    service  plan to achieve the goal, and (iii) whether the plan
33    and goal have been achieved.
34        (12)  "Petition"  means  the  petition  provided  for  in
 
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 1    Section 2-13, 3-15, 4-12 or 5-520, including any supplemental
 2    petitions thereunder in Section 3-15, 4-12 or 5-520.
 3        (13)  "Residual  parental  rights  and  responsibilities"
 4    means those rights and responsibilities  remaining  with  the
 5    parent after the transfer of legal custody or guardianship of
 6    the  person,  including,  but not necessarily limited to, the
 7    right to reasonable visitation (which may be limited  by  the
 8    court  in  the  best  interests  of  the minor as provided in
 9    subsection (8)(b) of this Section), the right to  consent  to
10    adoption,  and  the  right to determine the minor's religious
11    affiliation, and the responsibility for his support.
12        (14)  "Shelter" means the temporary care of  a  minor  in
13    physically unrestricting facilities pending court disposition
14    or execution of court order for placement.
15        (15)    "Station  adjustment" means the informal handling
16    of an alleged offender by a juvenile police officer.
17        (16)  "Ward of  the  court"  means  a  minor  who  is  so
18    adjudged  under  Section  2-22,  3-23, 4-20 or 5-705, after a
19    finding of the requisite jurisdictional facts,  and  thus  is
20    subject  to  the dispositional powers of the court under this
21    Act.
22        (17)  "Juvenile police  officer"  means  a  sworn  police
23    officer  who  has  completed a Basic Recruit Training Course,
24    has been assigned to the position of juvenile police  officer
25    by his or her chief law enforcement officer and has completed
26    the necessary juvenile officers training as prescribed by the
27    Illinois  Law Enforcement Training Standards Board, or in the
28    case of a State police  officer,  juvenile  officer  training
29    approved by the Director of the Department of State Police.
30        (18)  "Secure  child  care facility" means any child care
31    facility licensed by the Department of  Children  and  Family
32    Services  to  provide secure living arrangements for children
33    under 18 years  of  age  who  are  subject  to  placement  in
34    facilities under the Children and Family Services Act and who
 
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 1    are not subject to placement in facilities for whom standards
 2    are  established  by  the  Department  of  Corrections  under
 3    Section  3-15-2  of  the Unified Code of Corrections. "Secure
 4    child care facility" also means a facility that  is  designed
 5    and  operated to ensure that all entrances and exits from the
 6    facility, a building, or a distinct part of the building  are
 7    under  the  exclusive  control  of the staff of the facility,
 8    whether or not the child has the freedom of  movement  within
 9    the  perimeter of the facility, building, or distinct part of
10    the building.
11    (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-590,
12    eff. 1-1-99; 90-608,  eff.  6-30-98;  90-655,  eff.  7-30-98;
13    91-357, eff. 7-29-99.)

14        (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
15        Sec. 2-23.  Kinds of dispositional orders.
16        (1)  The  following kinds of orders of disposition may be
17    made in respect of wards of the court:
18             (a)  A minor under 18  years  of  age  found  to  be
19        neglected  or abused under Section 2-3 or dependent under
20        Section 2-4 may be (1) continued in the custody of his or
21        her parents, guardian or legal custodian; (2)  placed  in
22        accordance with Section 2-27; (3) restored to the custody
23        of  the  parent,  parents,  guardian, or legal custodian,
24        provided the  court  shall  order  the  parent,  parents,
25        guardian,  or  legal  custodian  to  cooperate  with  the
26        Department  of  Children  and  Family Services and comply
27        with the terms of an after-care plan or risk the loss  of
28        custody  of  the  child  and  the possible termination of
29        their  parental  rights;  or  (4)  ordered  partially  or
30        completely emancipated in accordance with the  provisions
31        of the Emancipation of Mature Minors Act.
32             However,  in  any  case in which a minor is found by
33        the court to be neglected or abused under Section 2-3  of
 
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 1        this  Act,  custody of the minor shall not be restored to
 2        any parent, guardian or legal  custodian  whose  acts  or
 3        omissions  or  both  have  been  identified,  pursuant to
 4        subsection (1) of Section 2-21, as forming the basis  for
 5        the  court's finding of abuse or neglect, until such time
 6        as a hearing is held on the issue of the  best  interests
 7        of  the minor and the fitness of such parent, guardian or
 8        legal custodian to care for the minor without endangering
 9        the minor's health or safety, and  the  court  enters  an
10        order  that  such  parent, guardian or legal custodian is
11        fit to care for the minor.
12             (b)  A minor under 18  years  of  age  found  to  be
13        dependent   under  Section  2-4  may  be  (1)  placed  in
14        accordance with Section 2-27 or (2) ordered partially  or
15        completely  emancipated in accordance with the provisions
16        of the Emancipation of Mature Minors Act.
17             However, in any case in which a minor  is  found  by
18        the  court to be dependent under Section 2-4 of this Act,
19        custody of the minor shall not be restored to any parent,
20        guardian or legal custodian whose acts  or  omissions  or
21        both  have been identified, pursuant to subsection (1) of
22        Section 2-21,  as  forming  the  basis  for  the  court's
23        finding  of  dependency,  until such time as a hearing is
24        held on the issue of the fitness of such parent, guardian
25        or  legal  custodian  to  care  for  the  minor   without
26        endangering  the  minor's health or safety, and the court
27        enters an order  that  such  parent,  guardian  or  legal
28        custodian is fit to care for the minor.
29             (c)  When  the  court  awards  guardianship  to  the
30        Department  of  Children  and  Family Services, the court
31        shall order the parents to  cooperate with the Department
32        of Children and Family Services, comply with the terms of
33        the  service  plans,  and  correct  the  conditions  that
34        require the child to be in care, or risk  termination  of
 
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 1        their parental rights.
 2        (2)  Any  order of disposition may provide for protective
 3    supervision under Section 2-24 and may include  an  order  of
 4    protection under Section 2-25.
 5        Unless the order of disposition expressly so provides, it
 6    does   not  operate  to  close  proceedings  on  the  pending
 7    petition, but is subject to  modification,  not  inconsistent
 8    with  Section  2-28, until final closing and discharge of the
 9    proceedings under Section 2-31.
10        (3)  The  court  also  shall  enter  any   other   orders
11    necessary  to  fulfill  the  service plan, including, but not
12    limited to, (i) orders requiring parties  to  cooperate  with
13    services,  (ii) restraining orders controlling the conduct of
14    any party likely to frustrate the achievement  of  the  goal,
15    and  (iii)  visiting  orders.   Unless otherwise specifically
16    authorized by law, the court  is  not  empowered  under  this
17    subsection   (3)   to  order  specific  placements,  specific
18    services, or specific service providers to be included in the
19    plan.  If the court concludes that the Department of Children
20    and Family Services has abused its discretion in setting  the
21    current  service  plan  or permanency goal for the minor, the
22    court shall enter specific findings in writing based  on  the
23    evidence  and  shall  enter  an  order  for the Department to
24    develop and implement a new permanency goal and service  plan
25    consistent  with  the court's findings.  The new service plan
26    shall be filed with the court and served on all parties.  The
27    court shall continue the matter until the new service plan is
28    filed.
29        (4)  In addition to any other order of  disposition,  the
30    court  may order any minor adjudicated neglected with respect
31    to his or her own injurious behavior to make restitution,  in
32    monetary or non-monetary form, under the terms and conditions
33    of  Section  5-5-6 of the Unified Code of Corrections, except
34    that the "presentence hearing" referred to therein  shall  be
 
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 1    the  dispositional hearing for purposes of this Section.  The
 2    parent, guardian or legal custodian of the minor may pay some
 3    or all of such restitution on the minor's behalf.
 4        (5)  (Blank)Any order for disposition where the minor  is
 5    committed  or  placed  in  accordance with Section 2-27 shall
 6    provide for the parents or guardian of  the  estate  of  such
 7    minor to pay to the legal custodian or guardian of the person
 8    of  the minor such sums as are determined by the custodian or
 9    guardian of the person of the  minor  as  necessary  for  the
10    minor's  needs.  Such  payments  may  not  exceed the maximum
11    amounts provided for by  Section  9.1  of  the  Children  and
12    Family Services Act.
13        (6)  Whenever the order of disposition requires the minor
14    to attend school or participate in a program of training, the
15    truant  officer or designated school official shall regularly
16    report to the court if the minor is  a  chronic  or  habitual
17    truant under Section 26-2a of the School Code.
18        (7)  The  court  may  terminate  the parental rights of a
19    parent at the initial dispositional hearing  if  all  of  the
20    conditions in subsection (5) of Section 2-21 are met.
21    (Source:  P.A.  89-17,  eff.  5-31-95;  89-235,  eff. 8-4-95;
22    90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98;
23    90-655, eff. 7-30-98.)

24        (730 ILCS 5/3-7-6 rep.)
25        Section 15.  The Unified Code of Corrections  is  amended
26    by repealing Section 3-7-6.

27        Section  20.  The  Code  of Civil Procedure is amended by
28    changing Section 4-101 as follows:

29        (735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
30        Sec.  4-101.  Cause.  In  any  court   having   competent
31    jurisdiction,  a  creditor  having  a  money  claim,  whether
 
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 1    liquidated  or unliquidated, and whether sounding in contract
 2    or tort, or based upon a statutory cause of action created by
 3    law in favor of the People of the State of Illinois,  or  any
 4    agency  of  the  State,  may  have  an attachment against the
 5    property of his or her debtor, or that of any one or more  of
 6    several  debtors,  either  at the time of commencement of the
 7    action or thereafter, when the claim exceeds $20, in any  one
 8    of the following cases:
 9             1.  Where  the  debtor  is  not  a  resident of this
10        State.
11             2.  When the debtor conceals himself or  herself  or
12        stands  in defiance of an officer, so that process cannot
13        be served upon him or her.
14             3.  Where the debtor has departed  from  this  State
15        with  the  intention of having his or her effects removed
16        from this State.
17             4.  Where the debtor is about to  depart  from  this
18        State  with  the  intention  of having his or her effects
19        removed from this State.
20             5.  Where the debtor is about to remove his  or  her
21        property from this State to the injury of such creditor.
22             6.  Where  the  debtor  has within 2 years preceding
23        the  filing  of  the  affidavit  required,   fraudulently
24        conveyed  or  assigned  his  or  her  effects,  or a part
25        thereof, so as to hinder or delay his or her creditors.
26             7.  Where the debtor has, within 2  years  prior  to
27        the  filing  of such affidavit, fraudulently concealed or
28        disposed of his or her property so as to hinder or  delay
29        his or her creditors.
30             8.  Where   the  debtor  is  about  fraudulently  to
31        conceal, assign, or  otherwise  dispose  of  his  or  her
32        property  or effects, so as to hinder or delay his or her
33        creditors.
34             9.  Where  the  debt  sued  for   was   fraudulently
 
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 1        contracted  on  the part of the debtor. The statements of
 2        the  debtor,  his  or  her  agent  or   attorney,   which
 3        constitute the fraud, shall have been reduced to writing,
 4        and  his or her signature attached thereto, by himself or
 5        herself, agent or attorney.
 6             10.  When the debtor is a person convicted of  first
 7        degree   murder,   a   Class   X  felony,  or  aggravated
 8        kidnapping, or found not guilty by reason of insanity  or
 9        guilty but mentally ill of first degree murder, a Class X
10        felony,  or  aggravated  kidnapping, against the creditor
11        and that crime makes the creditor a  "victim"  under  the
12        Criminal Victims' Asset Discovery Act.
13             11.  (Blank)  When  the  debtor  is a defendant in a
14        suit brought by the Attorney General under Section  3-7-6
15        of  the  Unified  Code  of  Corrections  to  recover  the
16        expenses  incurred  as  a result of that debtor's cost of
17        incarceration.
18    (Source: P.A. 89-428, eff. 12-13-95; 90-85, eff. 7-10-97.)