96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4054

 

Introduced 2/27/2009, by Rep. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Foster Youth Successful Transition to Adulthood Act. Establish a program of transitional discharge from foster care for teenage foster children, enabling former foster youths under the age of 21 who encounter significant hardship upon emancipation to reengage with the Department of Children and Family Services and the Juvenile Court, in order to secure essential supports and services available to foster youth seeking to learn to live independently as adults. Amends the Children and Family Services Act. Provides that an abused, neglected, or dependent minor for whom the court has granted a supplemental petition to reinstate wardship may be placed in the custody of or committed to the Department of Children and Family Services. Provides that the Department of Children and Family Services shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, to any minor eligible for the reinstatement of wardship, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21. Amends the Juvenile Court Act of 1987. Provides that an abused, neglected, or dependent minor between the ages of 18 and 21 may be placed with the Department of Children and Family Services if (1) the court has granted a supplemental petition to reinstate wardship of the minor, or (2) the Court has adjudicated the minor a ward of the court, permitted the minor to return home under an order of protection, and subsequently made a finding that it is in the minor's best interest to vacate the order of protection and commit the minor to the Department of Children and Family Services for care and service.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning foster children.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the Foster
5 Youth Successful Transition to Adulthood Act.
 
6     Section 5. Legislative findings. The General Assembly
7 finds that:
8         (1) The transition to adulthood is complex, gradual,
9     and extended. Long after legal emancipation, many young
10     adults rely heavily on family and other support networks
11     for extended periods of time for financial, emotional and
12     other forms of support, to continue with school, choose a
13     career or find their way in the world of work, secure
14     health care, and maintain a stable residence;
15         (2) The young adults who "age out" of the child welfare
16     system are expected to be self-sufficient long before their
17     peers, with far fewer resources, and often with many
18     challenges unique to the experience of growing up in foster
19     care;
20         (3) Many young adults who age out of foster care are
21     ill-equipped to live independently;
22         (4) Former foster youth who seek to live independently
23     are especially vulnerable to unemployment, homelessness,

 

 

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1     mental and physical health-related problems,
2     incarceration, teen pregnancy and parenting, and other
3     obstacles to achieving sustainable self-sufficiency; and
4         (5) It is in the interests of foster children who leave
5     the foster care system prematurely, and who subsequently
6     find themselves unable to maintain their independence
7     without additional support, to have a mechanism for
8     reengaging with the Department of Children and Family
9     Services and the Juvenile Court, and to secure the support
10     and services available to foster youth seeking to learn to
11     live independently as adults.
 
12     Section 10. The Children and Family Services Act is amended
13 by changing Section 5 as follows:
 
14     (20 ILCS 505/5)  (from Ch. 23, par. 5005)
15     Sec. 5. Direct child welfare services; Department of
16 Children and Family Services. To provide direct child welfare
17 services when not available through other public or private
18 child care or program facilities.
19     (a) For purposes of this Section:
20         (1) "Children" means persons found within the State who
21     are under the age of 18 years. The term also includes
22     persons under age 21 19 who:
23             (A) were committed to the Department pursuant to
24         the Juvenile Court Act or the Juvenile Court Act of

 

 

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1         1987, as amended, prior to the age of 18 and who
2         continue under the jurisdiction of the court; or
3             (B) were accepted for care, service and training by
4         the Department prior to the age of 18 and whose best
5         interest in the discretion of the Department would be
6         served by continuing that care, service and training
7         because of severe emotional disturbances, physical
8         disability, social adjustment or any combination
9         thereof, or because of the need to complete an
10         educational or vocational training program.
11         (2) "Homeless youth" means persons found within the
12     State who are under the age of 19, are not in a safe and
13     stable living situation and cannot be reunited with their
14     families.
15         (3) "Child welfare services" means public social
16     services which are directed toward the accomplishment of
17     the following purposes:
18             (A) protecting and promoting the health, safety
19         and welfare of children, including homeless, dependent
20         or neglected children;
21             (B) remedying, or assisting in the solution of
22         problems which may result in, the neglect, abuse,
23         exploitation or delinquency of children;
24             (C) preventing the unnecessary separation of
25         children from their families by identifying family
26         problems, assisting families in resolving their

 

 

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1         problems, and preventing the breakup of the family
2         where the prevention of child removal is desirable and
3         possible when the child can be cared for at home
4         without endangering the child's health and safety;
5             (D) restoring to their families children who have
6         been removed, by the provision of services to the child
7         and the families when the child can be cared for at
8         home without endangering the child's health and
9         safety;
10             (E) placing children in suitable adoptive homes,
11         in cases where restoration to the biological family is
12         not safe, possible or appropriate;
13             (F) assuring safe and adequate care of children
14         away from their homes, in cases where the child cannot
15         be returned home or cannot be placed for adoption. At
16         the time of placement, the Department shall consider
17         concurrent planning, as described in subsection (l-1)
18         of this Section so that permanency may occur at the
19         earliest opportunity. Consideration should be given so
20         that if reunification fails or is delayed, the
21         placement made is the best available placement to
22         provide permanency for the child;
23             (G) (blank);
24             (H) (blank); and
25             (I) placing and maintaining children in facilities
26         that provide separate living quarters for children

 

 

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1         under the age of 18 and for children 18 years of age
2         and older, unless a child 18 years of age is in the
3         last year of high school education or vocational
4         training, in an approved individual or group treatment
5         program, in a licensed shelter facility, or secure
6         child care facility. The Department is not required to
7         place or maintain children:
8                 (i) who are in a foster home, or
9                 (ii) who are persons with a developmental
10             disability, as defined in the Mental Health and
11             Developmental Disabilities Code, or
12                 (iii) who are female children who are
13             pregnant, pregnant and parenting or parenting, or
14                 (iv) who are siblings, in facilities that
15             provide separate living quarters for children 18
16             years of age and older and for children under 18
17             years of age.
18     (b) Nothing in this Section shall be construed to authorize
19 the expenditure of public funds for the purpose of performing
20 abortions.
21     (c) The Department shall establish and maintain
22 tax-supported child welfare services and extend and seek to
23 improve voluntary services throughout the State, to the end
24 that services and care shall be available on an equal basis
25 throughout the State to children requiring such services.
26     (d) The Director may authorize advance disbursements for

 

 

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1 any new program initiative to any agency contracting with the
2 Department. As a prerequisite for an advance disbursement, the
3 contractor must post a surety bond in the amount of the advance
4 disbursement and have a purchase of service contract approved
5 by the Department. The Department may pay up to 2 months
6 operational expenses in advance. The amount of the advance
7 disbursement shall be prorated over the life of the contract or
8 the remaining months of the fiscal year, whichever is less, and
9 the installment amount shall then be deducted from future
10 bills. Advance disbursement authorizations for new initiatives
11 shall not be made to any agency after that agency has operated
12 during 2 consecutive fiscal years. The requirements of this
13 Section concerning advance disbursements shall not apply with
14 respect to the following: payments to local public agencies for
15 child day care services as authorized by Section 5a of this
16 Act; and youth service programs receiving grant funds under
17 Section 17a-4.
18     (e) (Blank).
19     (f) (Blank).
20     (g) The Department shall establish rules and regulations
21 concerning its operation of programs designed to meet the goals
22 of child safety and protection, family preservation, family
23 reunification, and adoption, including but not limited to:
24         (1) adoption;
25         (2) foster care;
26         (3) family counseling;

 

 

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1         (4) protective services;
2         (5) (blank);
3         (6) homemaker service;
4         (7) return of runaway children;
5         (8) (blank);
6         (9) placement under Section 5-7 of the Juvenile Court
7     Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
8     Court Act of 1987 in accordance with the federal Adoption
9     Assistance and Child Welfare Act of 1980; and
10         (10) interstate services.
11     Rules and regulations established by the Department shall
12 include provisions for training Department staff and the staff
13 of Department grantees, through contracts with other agencies
14 or resources, in alcohol and drug abuse screening techniques
15 approved by the Department of Human Services, as a successor to
16 the Department of Alcoholism and Substance Abuse, for the
17 purpose of identifying children and adults who should be
18 referred to an alcohol and drug abuse treatment program for
19 professional evaluation.
20     (h) If the Department finds that there is no appropriate
21 program or facility within or available to the Department for a
22 ward and that no licensed private facility has an adequate and
23 appropriate program or none agrees to accept the ward, the
24 Department shall create an appropriate individualized,
25 program-oriented plan for such ward. The plan may be developed
26 within the Department or through purchase of services by the

 

 

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1 Department to the extent that it is within its statutory
2 authority to do.
3     (i) Service programs shall be available throughout the
4 State and shall include but not be limited to the following
5 services:
6         (1) case management;
7         (2) homemakers;
8         (3) counseling;
9         (4) parent education;
10         (5) day care; and
11         (6) emergency assistance and advocacy.
12     In addition, the following services may be made available
13 to assess and meet the needs of children and families:
14         (1) comprehensive family-based services;
15         (2) assessments;
16         (3) respite care; and
17         (4) in-home health services.
18     The Department shall provide transportation for any of the
19 services it makes available to children or families or for
20 which it refers children or families.
21     (j) The Department may provide categories of financial
22 assistance and education assistance grants, and shall
23 establish rules and regulations concerning the assistance and
24 grants, to persons who adopt physically or mentally
25 handicapped, older and other hard-to-place children who (i)
26 immediately prior to their adoption were legal wards of the

 

 

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1 Department or (ii) were determined eligible for financial
2 assistance with respect to a prior adoption and who become
3 available for adoption because the prior adoption has been
4 dissolved and the parental rights of the adoptive parents have
5 been terminated or because the child's adoptive parents have
6 died. The Department may continue to provide financial
7 assistance and education assistance grants for a child who was
8 determined eligible for financial assistance under this
9 subsection (j) in the interim period beginning when the child's
10 adoptive parents died and ending with the finalization of the
11 new adoption of the child by another adoptive parent or
12 parents. The Department may also provide categories of
13 financial assistance and education assistance grants, and
14 shall establish rules and regulations for the assistance and
15 grants, to persons appointed guardian of the person under
16 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
17 4-25 or 5-740 of the Juvenile Court Act of 1987 for children
18 who were wards of the Department for 12 months immediately
19 prior to the appointment of the guardian.
20     The amount of assistance may vary, depending upon the needs
21 of the child and the adoptive parents, as set forth in the
22 annual assistance agreement. Special purpose grants are
23 allowed where the child requires special service but such costs
24 may not exceed the amounts which similar services would cost
25 the Department if it were to provide or secure them as guardian
26 of the child.

 

 

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1     Any financial assistance provided under this subsection is
2 inalienable by assignment, sale, execution, attachment,
3 garnishment, or any other remedy for recovery or collection of
4 a judgment or debt.
5     (j-5) The Department shall not deny or delay the placement
6 of a child for adoption if an approved family is available
7 either outside of the Department region handling the case, or
8 outside of the State of Illinois.
9     (k) The Department shall accept for care and training any
10 child who has been adjudicated neglected or abused, or
11 dependent committed to it pursuant to the Juvenile Court Act or
12 the Juvenile Court Act of 1987.
13     (l) Before July 1, 2000, the Department may provide, and
14 beginning July 1, 2000, the Department shall offer family
15 preservation services, as defined in Section 8.2 of the Abused
16 and Neglected Child Reporting Act, to help families, including
17 adoptive and extended families. Family preservation services
18 shall be offered (i) to prevent the placement of children in
19 substitute care when the children can be cared for at home or
20 in the custody of the person responsible for the children's
21 welfare, (ii) to reunite children with their families, or (iii)
22 to maintain an adoptive placement. Family preservation
23 services shall only be offered when doing so will not endanger
24 the children's health or safety. With respect to children who
25 are in substitute care pursuant to the Juvenile Court Act of
26 1987, family preservation services shall not be offered if a

 

 

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1 goal other than those of subdivisions (A), (B), or (B-1) of
2 subsection (2) of Section 2-28 of that Act has been set.
3 Nothing in this paragraph shall be construed to create a
4 private right of action or claim on the part of any individual
5 or child welfare agency.
6     The Department shall notify the child and his family of the
7 Department's responsibility to offer and provide family
8 preservation services as identified in the service plan. The
9 child and his family shall be eligible for services as soon as
10 the report is determined to be "indicated". The Department may
11 offer services to any child or family with respect to whom a
12 report of suspected child abuse or neglect has been filed,
13 prior to concluding its investigation under Section 7.12 of the
14 Abused and Neglected Child Reporting Act. However, the child's
15 or family's willingness to accept services shall not be
16 considered in the investigation. The Department may also
17 provide services to any child or family who is the subject of
18 any report of suspected child abuse or neglect or may refer
19 such child or family to services available from other agencies
20 in the community, even if the report is determined to be
21 unfounded, if the conditions in the child's or family's home
22 are reasonably likely to subject the child or family to future
23 reports of suspected child abuse or neglect. Acceptance of such
24 services shall be voluntary.
25     The Department may, at its discretion except for those
26 children also adjudicated neglected or dependent, accept for

 

 

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1 care and training any child who has been adjudicated addicted,
2 as a truant minor in need of supervision or as a minor
3 requiring authoritative intervention, under the Juvenile Court
4 Act or the Juvenile Court Act of 1987, but no such child shall
5 be committed to the Department by any court without the
6 approval of the Department. A minor charged with a criminal
7 offense under the Criminal Code of 1961 or adjudicated
8 delinquent shall not be placed in the custody of or committed
9 to the Department by any court, except (i) a minor less than 15
10 years of age committed to the Department under Section 5-710 of
11 the Juvenile Court Act of 1987, (ii) or a minor for whom an
12 independent basis of abuse, neglect, or dependency exists,
13 which must be defined by departmental rule, or (iii) a minor
14 for whom the court has granted a supplemental petition to
15 reinstate wardship pursuant to subsection (2) of Section 2-33
16 of the Juvenile Court Act of 1987. An independent basis exists
17 when the allegations or adjudication of abuse, neglect, or
18 dependency do not arise from the same facts, incident, or
19 circumstances which give rise to a charge or adjudication of
20 delinquency.
21     (l-1) The legislature recognizes that the best interests of
22 the child require that the child be placed in the most
23 permanent living arrangement as soon as is practically
24 possible. To achieve this goal, the legislature directs the
25 Department of Children and Family Services to conduct
26 concurrent planning so that permanency may occur at the

 

 

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

 

 

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1 also be given so that if reunification fails or is delayed, the
2 placement made is the best available placement to provide
3 permanency for the child.
4     The Department shall adopt rules addressing concurrent
5 planning for reunification and permanency. The Department
6 shall consider the following factors when determining
7 appropriateness 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
20 child 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.
2 If the child is found in his or her residence without a parent,
3 guardian, custodian or responsible caretaker, the Department
4 may, instead of removing the child and assuming temporary
5 custody, place an authorized representative of the Department
6 in that residence until such time as a parent, guardian or
7 custodian enters the home and expresses a willingness and
8 apparent ability to ensure the child's health and safety and
9 resume permanent charge of the child, or until a relative
10 enters the home and is willing and able to ensure the child's
11 health and safety and assume charge of the child until a
12 parent, guardian or custodian enters the home and expresses
13 such willingness and ability to ensure the child's safety and
14 resume permanent charge. After a caretaker has remained in the
15 home for a period not to exceed 12 hours, the Department must
16 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
17 5-415 of the Juvenile Court Act of 1987.
18     The Department shall have the authority, responsibilities
19 and duties that a legal custodian of the child would have
20 pursuant to subsection (9) of Section 1-3 of the Juvenile Court
21 Act of 1987. Whenever a child is taken into temporary custody
22 pursuant to an investigation under the Abused and Neglected
23 Child Reporting Act, or pursuant to a referral and acceptance
24 under the Juvenile Court Act of 1987 of a minor in limited
25 custody, the Department, during the period of temporary custody
26 and before the child is brought before a judicial officer as

 

 

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

 

 

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

 

 

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1 child in institutions for dependent or neglected children
2 operated by the Department. However, such restriction on
3 payments does not apply in cases where children require
4 specialized care and treatment for problems of severe emotional
5 disturbance, physical disability, social adjustment, or any
6 combination thereof and suitable facilities for the placement
7 of such children are not available at payment rates within the
8 limitations set forth in this Section. All reimbursements for
9 services delivered shall be absolutely inalienable by
10 assignment, sale, attachment, garnishment or otherwise.
11     (n-1) The Department shall provide or authorize child
12 welfare services, aimed at assisting minors to achieve
13 sustainable self-sufficiency as independent adults, for any
14 minor eligible for the reinstatement of wardship pursuant to
15 subsection (2) of Section 2-33 of the Juvenile Court Act of
16 1987, whether or not such reinstatement is sought or allowed,
17 provided that the minor consents to such services and has not
18 yet attained the age of 21. The Department shall have primary
19 responsibility for the development and delivery of trial
20 discharge services, but inter-agency cooperation and
21 collaboration must be undertaken with the Illinois Department
22 of Human Services. An eligible youth may access trial discharge
23 services by contacting the Department of Children and Family
24 Services or the Illinois Department of Human Services. Youth
25 participating in trial discharge services shall cooperate with
26 the assigned case manager in developing an agreement

 

 

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

 

 

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1 children and foster families. The Department shall accept for
2 administrative review and an appeal hearing a complaint made by
3 (i) a child or foster family concerning a decision following an
4 initial review by a private child welfare agency or (ii) a
5 prospective adoptive parent who alleges a violation of
6 subsection (j-5) of this Section. An appeal of a decision
7 concerning a change in the placement of a child shall be
8 conducted in an expedited manner.
9     (p) There is hereby created the Department of Children and
10 Family Services Emergency Assistance Fund from which the
11 Department may provide special financial assistance to
12 families which are in economic crisis when such assistance is
13 not available through other public or private sources and the
14 assistance is deemed necessary to prevent dissolution of the
15 family unit or to reunite families which have been separated
16 due to child abuse and neglect. The Department shall establish
17 administrative rules specifying the criteria for determining
18 eligibility for and the amount and nature of assistance to be
19 provided. The Department may also enter into written agreements
20 with private and public social service agencies to provide
21 emergency financial services to families referred by the
22 Department. Special financial assistance payments shall be
23 available to a family no more than once during each fiscal year
24 and the total payments to a family may not exceed $500 during a
25 fiscal year.
26     (q) The Department may receive and use, in their entirety,

 

 

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1 for the benefit of children any gift, donation or bequest of
2 money or other property which is received on behalf of such
3 children, or any financial benefits to which such children are
4 or may become entitled while under the jurisdiction or care of
5 the Department.
6     The Department shall set up and administer no-cost,
7 interest-bearing accounts in appropriate financial
8 institutions for children for whom the Department is legally
9 responsible and who have been determined eligible for Veterans'
10 Benefits, Social Security benefits, assistance allotments from
11 the armed forces, court ordered payments, parental voluntary
12 payments, Supplemental Security Income, Railroad Retirement
13 payments, Black Lung benefits, or other miscellaneous
14 payments. Interest earned by each account shall be credited to
15 the account, unless disbursed in accordance with this
16 subsection.
17     In disbursing funds from children's accounts, the
18 Department shall:
19         (1) Establish standards in accordance with State and
20     federal laws for disbursing money from children's
21     accounts. In all circumstances, the Department's
22     "Guardianship Administrator" or his or her designee must
23     approve disbursements from children's accounts. The
24     Department shall be responsible for keeping complete
25     records of all disbursements for each account for any
26     purpose.

 

 

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1         (2) Calculate on a monthly basis the amounts paid from
2     State funds for the child's board and care, medical care
3     not covered under Medicaid, and social services; and
4     utilize funds from the child's account, as covered by
5     regulation, to reimburse those costs. Monthly,
6     disbursements from all children's accounts, up to 1/12 of
7     $13,000,000, shall be deposited by the Department into the
8     General Revenue Fund and the balance over 1/12 of
9     $13,000,000 into the DCFS Children's Services Fund.
10         (3) Maintain any balance remaining after reimbursing
11     for the child's costs of care, as specified in item (2).
12     The balance shall accumulate in accordance with relevant
13     State and federal laws and shall be disbursed to the child
14     or his or her guardian, or to the issuing agency.
15     (r) The Department shall promulgate regulations
16 encouraging all adoption agencies to voluntarily forward to the
17 Department or its agent names and addresses of all persons who
18 have applied for and have been approved for adoption of a
19 hard-to-place or handicapped child and the names of such
20 children who have not been placed for adoption. A list of such
21 names and addresses shall be maintained by the Department or
22 its agent, and coded lists which maintain the confidentiality
23 of the person seeking to adopt the child and of the child shall
24 be made available, without charge, to every adoption agency in
25 the State to assist the agencies in placing such children for
26 adoption. The Department may delegate to an agent its duty to

 

 

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1 maintain and make available such lists. The Department shall
2 ensure that such agent maintains the confidentiality of the
3 person seeking to adopt the child and of the child.
4     (s) The Department of Children and Family Services may
5 establish and implement a program to reimburse Department and
6 private child welfare agency foster parents licensed by the
7 Department of Children and Family Services for damages
8 sustained by the foster parents as a result of the malicious or
9 negligent acts of foster children, as well as providing third
10 party coverage for such foster parents with regard to actions
11 of foster children to other individuals. Such coverage will be
12 secondary to the foster parent liability insurance policy, if
13 applicable. The program shall be funded through appropriations
14 from the General Revenue Fund, specifically designated for such
15 purposes.
16     (t) The Department shall perform home studies and
17 investigations and shall exercise supervision over visitation
18 as ordered by a court pursuant to the Illinois Marriage and
19 Dissolution of Marriage Act or the Adoption Act only if:
20         (1) an order entered by an Illinois court specifically
21     directs the Department to perform such services; and
22         (2) the court has ordered one or both of the parties to
23     the proceeding to reimburse the Department for its
24     reasonable costs for providing such services in accordance
25     with Department rules, or has determined that neither party
26     is financially able to pay.

 

 

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1     The Department shall provide written notification to the
2 court of the specific arrangements for supervised visitation
3 and projected monthly costs within 60 days of the court order.
4 The Department shall send to the court information related to
5 the costs incurred except in cases where the court has
6 determined the parties are financially unable to pay. The court
7 may order additional periodic reports as appropriate.
8     (u) In addition to other information that must be provided,
9 whenever the Department places a child with a prospective
10 adoptive parent or parents or in a licensed foster home, group
11 home, child care institution, or in a relative home, the
12 Department shall provide to the prospective adoptive parent or
13 parents or other caretaker:
14         (1) available detailed information concerning the
15     child's educational and health history, copies of
16     immunization records (including insurance and medical card
17     information), a history of the child's previous
18     placements, if any, and reasons for placement changes
19     excluding any information that identifies or reveals the
20     location of any previous caretaker;
21         (2) a copy of the child's portion of the client service
22     plan, including any visitation arrangement, and all
23     amendments or revisions to it as related to the child; and
24         (3) information containing details of the child's
25     individualized educational plan when the child is
26     receiving special education services.

 

 

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1     The caretaker shall be informed of any known social or
2 behavioral information (including, but not limited to,
3 criminal background, fire setting, perpetuation of sexual
4 abuse, destructive behavior, and substance abuse) necessary to
5 care for and safeguard the children to be placed or currently
6 in the home. The Department may prepare a written summary of
7 the information required by this paragraph, which may be
8 provided to the foster or prospective adoptive parent in
9 advance of a placement. The foster or prospective adoptive
10 parent may review the supporting documents in the child's file
11 in the presence of casework staff. In the case of an emergency
12 placement, casework staff shall at least provide known
13 information verbally, if necessary, and must subsequently
14 provide the information in writing as required by this
15 subsection.
16     The information described in this subsection shall be
17 provided in writing. In the case of emergency placements when
18 time does not allow prior review, preparation, and collection
19 of written information, the Department shall provide such
20 information as it becomes available. Within 10 business days
21 after placement, the Department shall obtain from the
22 prospective adoptive parent or parents or other caretaker a
23 signed verification of receipt of the information provided.
24 Within 10 business days after placement, the Department shall
25 provide to the child's guardian ad litem a copy of the
26 information provided to the prospective adoptive parent or

 

 

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1 parents or other caretaker. The information provided to the
2 prospective adoptive parent or parents or other caretaker shall
3 be reviewed and approved regarding accuracy at the supervisory
4 level.
5     (u-5) Effective July 1, 1995, only foster care placements
6 licensed as foster family homes pursuant to the Child Care Act
7 of 1969 shall be eligible to receive foster care payments from
8 the Department. Relative caregivers who, as of July 1, 1995,
9 were approved pursuant to approved relative placement rules
10 previously promulgated by the Department at 89 Ill. Adm. Code
11 335 and had submitted an application for licensure as a foster
12 family home may continue to receive foster care payments only
13 until the Department determines that they may be licensed as a
14 foster family home or that their application for licensure is
15 denied or until September 30, 1995, whichever occurs first.
16     (v) The Department shall access criminal history record
17 information as defined in the Illinois Uniform Conviction
18 Information Act and information maintained in the adjudicatory
19 and dispositional record system as defined in Section 2605-355
20 of the Department of State Police Law (20 ILCS 2605/2605-355)
21 if the Department determines the information is necessary to
22 perform its duties under the Abused and Neglected Child
23 Reporting Act, the Child Care Act of 1969, and the Children and
24 Family Services Act. The Department shall provide for
25 interactive computerized communication and processing
26 equipment that permits direct on-line communication with the

 

 

HB4054 - 27 - LRB096 10101 RLC 20267 b

1 Department of State Police's central criminal history data
2 repository. The Department shall comply with all certification
3 requirements and provide certified operators who have been
4 trained by personnel from the Department of State Police. In
5 addition, one Office of the Inspector General investigator
6 shall have training in the use of the criminal history
7 information access system and have access to the terminal. The
8 Department of Children and Family Services and its employees
9 shall abide by rules and regulations established by the
10 Department of State Police relating to the access and
11 dissemination of this information.
12     (v-1) Prior to final approval for placement of a child, the
13 Department shall conduct a criminal records background check of
14 the prospective foster or adoptive parent, including
15 fingerprint-based checks of national crime information
16 databases. Final approval for placement shall not be granted if
17 the record check reveals a felony conviction for child abuse or
18 neglect, for spousal abuse, for a crime against children, or
19 for a crime involving violence, including rape, sexual assault,
20 or homicide, but not including other physical assault or
21 battery, or if there is a felony conviction for physical
22 assault, battery, or a drug-related offense committed within
23 the past 5 years.
24     (v-2) Prior to final approval for placement of a child, the
25 Department shall check its child abuse and neglect registry for
26 information concerning prospective foster and adoptive

 

 

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1 parents, and any adult living in the home. If any prospective
2 foster or adoptive parent or other adult living in the home has
3 resided in another state in the preceding 5 years, the
4 Department shall request a check of that other state's child
5 abuse and neglect registry.
6     (w) Within 120 days of August 20, 1995 (the effective date
7 of Public Act 89-392), the Department shall prepare and submit
8 to the Governor and the General Assembly, a written plan for
9 the development of in-state licensed secure child care
10 facilities that care for children who are in need of secure
11 living arrangements for their health, safety, and well-being.
12 For purposes of this subsection, secure care facility shall
13 mean a facility that is designed and operated to ensure that
14 all entrances and exits from the facility, a building or a
15 distinct part of the building, are under the exclusive control
16 of the staff of the facility, whether or not the child has the
17 freedom of movement within the perimeter of the facility,
18 building, or distinct part of the building. The plan shall
19 include descriptions of the types of facilities that are needed
20 in Illinois; the cost of developing these secure care
21 facilities; the estimated number of placements; the potential
22 cost savings resulting from the movement of children currently
23 out-of-state who are projected to be returned to Illinois; the
24 necessary geographic distribution of these facilities in
25 Illinois; and a proposed timetable for development of such
26 facilities.

 

 

HB4054 - 29 - LRB096 10101 RLC 20267 b

1 (Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06;
2 95-10, eff. 6-30-07; 95-601, eff. 9-11-07; 95-642, eff. 6-1-08;
3 95-876, eff. 8-21-08.)
 
4     Section 15. The Juvenile Court Act of 1987 is amended by
5 changing Sections 2-23, 2-27, 2-31, and 2-33 as follows:
 
6     (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
7     Sec. 2-23. Kinds of dispositional orders.
8     (1) The following kinds of orders of disposition may be
9 made in respect of wards of the court:
10         (a) A minor under 18 years of age found to be neglected
11     or abused under Section 2-3 or dependent under Section 2-4
12     may be (1) continued in the custody of his or her parents,
13     guardian or legal custodian; (2) placed in accordance with
14     Section 2-27; (3) restored to the custody of the parent,
15     parents, guardian, or legal custodian, provided the court
16     shall order the parent, parents, guardian, or legal
17     custodian to cooperate with the Department of Children and
18     Family Services and comply with the terms of an after-care
19     plan or risk the loss of custody of the child and the
20     possible termination of their parental rights; or (4)
21     ordered partially or completely emancipated in accordance
22     with the provisions of the Emancipation of Minors Act.
23         However, in any case in which a minor is found by the
24     court to be neglected or abused under Section 2-3 of this

 

 

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

 

 

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1     care for the minor.
2     (b-1) A minor between the ages of 18 and 21 may be placed
3 pursuant to Section 2-27 of this Act if (1) the court has
4 granted a supplemental petition to reinstate wardship of the
5 minor pursuant to subsection (2) of Section 2-33, or (2) the
6 Court has adjudicated the minor a ward of the court, permitted
7 the minor to return home under an order of protection, and
8 subsequently made a finding that it is in the minor's best
9 interest to vacate the order of protection and commit the minor
10 to the Department of Children and Family Services for care and
11 service.
12         (c) When the court awards guardianship to the
13     Department of Children and Family Services, the court shall
14     order the parents to cooperate with the Department of
15     Children and Family Services, comply with the terms of the
16     service plans, and correct the conditions that require the
17     child to be in care, or risk termination of their parental
18     rights.
19     (2) Any order of disposition may provide for protective
20 supervision under Section 2-24 and may include an order of
21 protection under Section 2-25.
22     Unless the order of disposition expressly so provides, it
23 does not operate to close proceedings on the pending petition,
24 but is subject to modification, not inconsistent with Section
25 2-28, until final closing and discharge of the proceedings
26 under Section 2-31.

 

 

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1     (3) The court also shall enter any other orders necessary
2 to fulfill the service plan, including, but not limited to, (i)
3 orders requiring parties to cooperate with services, (ii)
4 restraining orders controlling the conduct of any party likely
5 to frustrate the achievement of the goal, and (iii) visiting
6 orders. Unless otherwise specifically authorized by law, the
7 court is not empowered under this subsection (3) to order
8 specific placements, specific services, or specific service
9 providers to be included in the plan. If the court concludes
10 that the Department of Children and Family Services has abused
11 its discretion in setting the current service plan or
12 permanency goal for the minor, the court shall enter specific
13 findings in writing based on the evidence and shall enter an
14 order for the Department to develop and implement a new
15 permanency goal and service plan consistent with the court's
16 findings. The new service plan shall be filed with the court
17 and served on all parties. The court shall continue the matter
18 until the new service plan is filed.
19     (4) In addition to any other order of disposition, the
20 court may order any minor adjudicated neglected with respect to
21 his or her own injurious behavior to make restitution, in
22 monetary or non-monetary form, under the terms and conditions
23 of Section 5-5-6 of the Unified Code of Corrections, except
24 that the "presentence hearing" referred to therein shall be the
25 dispositional hearing for purposes of this Section. The parent,
26 guardian or legal custodian of the minor may pay some or all of

 

 

HB4054 - 33 - LRB096 10101 RLC 20267 b

1 such restitution on the minor's behalf.
2     (5) Any order for disposition where the minor is committed
3 or placed in accordance with Section 2-27 shall provide for the
4 parents or guardian of the estate of such minor to pay to the
5 legal custodian or guardian of the person of the minor such
6 sums as are determined by the custodian or guardian of the
7 person of the minor as necessary for the minor's needs. Such
8 payments may not exceed the maximum amounts provided for by
9 Section 9.1 of the Children and Family Services Act.
10     (6) Whenever the order of disposition requires the minor to
11 attend school or participate in a program of training, the
12 truant officer or designated school official shall regularly
13 report to the court if the minor is a chronic or habitual
14 truant under Section 26-2a of the School Code.
15     (7) The court may terminate the parental rights of a parent
16 at the initial dispositional hearing if all of the conditions
17 in subsection (5) of Section 2-21 are met.
18 (Source: P.A. 95-331, eff. 8-21-07.)
 
19     (705 ILCS 405/2-27)  (from Ch. 37, par. 802-27)
20     Sec. 2-27. Placement; legal custody or guardianship.
21     (1) If the court determines and puts in writing the factual
22 basis supporting the determination of whether the parents,
23 guardian, or legal custodian of a minor adjudged a ward of the
24 court are unfit or are unable, for some reason other than
25 financial circumstances alone, to care for, protect, train or

 

 

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1 discipline the minor or are unwilling to do so, and that the
2 health, safety, and best interest of the minor will be
3 jeopardized if the minor remains in the custody of his or her
4 parents, guardian or custodian, the court may at this hearing
5 and at any later point:
6         (a) place the minor in the custody of a suitable
7     relative or other person as legal custodian or guardian;
8         (a-5) with the approval of the Department of Children
9     and Family Services, place the minor in the subsidized
10     guardianship of a suitable relative or other person as
11     legal guardian; "subsidized guardianship" means a private
12     guardianship arrangement for children for whom the
13     permanency goals of return home and adoption have been
14     ruled out and who meet the qualifications for subsidized
15     guardianship as defined by the Department of Children and
16     Family Services in administrative rules;
17         (b) place the minor under the guardianship of a
18     probation officer;
19         (c) commit the minor to an agency for care or
20     placement, except an institution under the authority of the
21     Department of Corrections or of the Department of Children
22     and Family Services;
23         (d) commit the minor to the Department of Children and
24     Family Services for care and service; however, a minor
25     charged with a criminal offense under the Criminal Code of
26     1961 or adjudicated delinquent shall not be placed in the

 

 

HB4054 - 35 - LRB096 10101 RLC 20267 b

1     custody of or committed to the Department of Children and
2     Family Services by any court, except (i) a minor less than
3     15 years of age and committed to the Department of Children
4     and Family Services under Section 5-710 of this Act, (ii)
5     or a minor for whom an independent basis of abuse, neglect,
6     or dependency exists, or (iii) a minor for whom the court
7     has granted a supplemental petition to reinstate wardship
8     pursuant to subsection (2) of Section 2-33 of this Act. An
9     independent basis exists when the allegations or
10     adjudication of abuse, neglect, or dependency do not arise
11     from the same facts, incident, or circumstances which give
12     rise to a charge or adjudication of delinquency. The
13     Department shall be given due notice of the pendency of the
14     action and the Guardianship Administrator of the
15     Department of Children and Family Services shall be
16     appointed guardian of the person of the minor. Whenever the
17     Department seeks to discharge a minor from its care and
18     service, the Guardianship Administrator shall petition the
19     court for an order terminating guardianship. The
20     Guardianship Administrator may designate one or more other
21     officers of the Department, appointed as Department
22     officers by administrative order of the Department
23     Director, authorized to affix the signature of the
24     Guardianship Administrator to documents affecting the
25     guardian-ward relationship of children for whom he or she
26     has been appointed guardian at such times as he or she is

 

 

HB4054 - 36 - LRB096 10101 RLC 20267 b

1     unable to perform the duties of his or her office. The
2     signature authorization shall include but not be limited to
3     matters of consent of marriage, enlistment in the armed
4     forces, legal proceedings, adoption, major medical and
5     surgical treatment and application for driver's license.
6     Signature authorizations made pursuant to the provisions
7     of this paragraph shall be filed with the Secretary of
8     State and the Secretary of State shall provide upon payment
9     of the customary fee, certified copies of the authorization
10     to any court or individual who requests a copy.
11     (1.5) In making a determination under this Section, the
12 court shall also consider whether, based on health, safety, and
13 the best interests of the minor,
14         (a) appropriate services aimed at family preservation
15     and family reunification have been unsuccessful in
16     rectifying the conditions that have led to a finding of
17     unfitness or inability to care for, protect, train, or
18     discipline the minor, or
19         (b) no family preservation or family reunification
20     services would be appropriate,
21 and if the petition or amended petition contained an allegation
22 that the parent is an unfit person as defined in subdivision
23 (D) of Section 1 of the Adoption Act, and the order of
24 adjudication recites that parental unfitness was established
25 by clear and convincing evidence, the court shall, when
26 appropriate and in the best interest of the minor, enter an

 

 

HB4054 - 37 - LRB096 10101 RLC 20267 b

1 order terminating parental rights and appointing a guardian
2 with power to consent to adoption in accordance with Section
3 2-29.
4     When making a placement, the court, wherever possible,
5 shall require the Department of Children and Family Services to
6 select a person holding the same religious belief as that of
7 the minor or a private agency controlled by persons of like
8 religious faith of the minor and shall require the Department
9 to otherwise comply with Section 7 of the Children and Family
10 Services Act in placing the child. In addition, whenever
11 alternative plans for placement are available, the court shall
12 ascertain and consider, to the extent appropriate in the
13 particular case, the views and preferences of the minor.
14     (2) When a minor is placed with a suitable relative or
15 other person pursuant to item (a) of subsection (1), the court
16 shall appoint him or her the legal custodian or guardian of the
17 person of the minor. When a minor is committed to any agency,
18 the court shall appoint the proper officer or representative
19 thereof as legal custodian or guardian of the person of the
20 minor. Legal custodians and guardians of the person of the
21 minor have the respective rights and duties set forth in
22 subsection (9) of Section 1-3 except as otherwise provided by
23 order of court; but no guardian of the person may consent to
24 adoption of the minor unless that authority is conferred upon
25 him or her in accordance with Section 2-29. An agency whose
26 representative is appointed guardian of the person or legal

 

 

HB4054 - 38 - LRB096 10101 RLC 20267 b

1 custodian of the minor may place the minor in any child care
2 facility, but the facility must be licensed under the Child
3 Care Act of 1969 or have been approved by the Department of
4 Children and Family Services as meeting the standards
5 established for such licensing. No agency may place a minor
6 adjudicated under Sections 2-3 or 2-4 in a child care facility
7 unless the placement is in compliance with the rules and
8 regulations for placement under this Section promulgated by the
9 Department of Children and Family Services under Section 5 of
10 the Children and Family Services Act. Like authority and
11 restrictions shall be conferred by the court upon any probation
12 officer who has been appointed guardian of the person of a
13 minor.
14     (3) No placement by any probation officer or agency whose
15 representative is appointed guardian of the person or legal
16 custodian of a minor may be made in any out of State child care
17 facility unless it complies with the Interstate Compact on the
18 Placement of Children. Placement with a parent, however, is not
19 subject to that Interstate Compact.
20     (4) The clerk of the court shall issue to the legal
21 custodian or guardian of the person a certified copy of the
22 order of court, as proof of his authority. No other process is
23 necessary as authority for the keeping of the minor.
24     (5) Custody or guardianship granted under this Section
25 continues until the court otherwise directs, but not after the
26 minor reaches the age of 19 years except as set forth in

 

 

HB4054 - 39 - LRB096 10101 RLC 20267 b

1 Section 2-31, or if the minor was previously committed to the
2 Department of Children and Family Services for care and service
3 and the court has granted a supplemental petition to reinstate
4 wardship pursuant to subsection (2) of Section 2-33.
5     (6) (Blank).
6 (Source: P.A. 95-642, eff. 6-1-08.)
 
7     (705 ILCS 405/2-31)  (from Ch. 37, par. 802-31)
8     Sec. 2-31. Duration of wardship and discharge of
9 proceedings.
10     (1) All proceedings under this Act in respect of any minor
11 for whom a petition was filed after the effective date of this
12 amendatory Act of 1991 automatically terminate upon his
13 attaining the age of 19 years, except that a court may continue
14 the wardship of a minor until age 21 for good cause when there
15 is satisfactory evidence presented to the court and the court
16 makes written factual findings that the health, safety, and
17 best interest of the minor and the public require the
18 continuation of the wardship.
19     (2) Whenever the court determines, and makes written
20 factual findings, that health, safety, and the best interests
21 of the minor and the public no longer require the wardship of
22 the court, the court shall order the wardship terminated and
23 all proceedings under this Act respecting that minor finally
24 closed and discharged. The court may at the same time continue
25 or terminate any custodianship or guardianship theretofore

 

 

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1 ordered but the termination must be made in compliance with
2 Section 2-28. When terminating wardship under this Section, if
3 the minor is over 18, or if wardship is terminated in
4 conjunction with an order partially or completely emancipating
5 the minor in accordance with the Emancipation of Minors Act,
6 the Court shall also make specific findings of fact as to the
7 minor's wishes regarding case closure and the manner in which
8 the minor will maintain independence. The minor's lack of
9 cooperation with services provided by the Department of
10 Children and Family Services shall not by itself be considered
11 sufficient evidence that the minor is prepared to live
12 independently and that it is in the best interest of the minor
13 to terminate wardship.
14     (3) The wardship of the minor and any custodianship or
15 guardianship respecting the minor for whom a petition was filed
16 after the effective date of this amendatory Act of 1991
17 automatically terminates when he attains the age of 19 years
18 except as set forth in subsection (1) of this Section. The
19 clerk of the court shall at that time record all proceedings
20 under this Act as finally closed and discharged for that
21 reason.
22 (Source: P.A. 90-28, eff. 1-1-98; 90-608, eff. 6-30-98; 90-655,
23 eff. 7-30-98.)
 
24     (705 ILCS 405/2-33)
25     Sec. 2-33. Supplemental petition to reinstate wardship.

 

 

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1     (1) Any time prior to a minor's 18th birthday, pursuant to
2 a supplemental petition filed under this Section, the court may
3 reinstate wardship and open a previously closed case when:
4         (a) wardship and guardianship under the Juvenile Court
5     Act of 1987 was vacated in conjunction with the appointment
6     of a private guardian under the Probate Act of 1975;
7         (b) the minor is not presently a ward of the court
8     under Article II of this Act nor is there a petition for
9     adjudication of wardship pending on behalf of the minor;
10     and
11         (c) it is in the minor's best interest that wardship be
12     reinstated.
13     (2) Any time prior to a minor's 21st birthday, pursuant to
14 a supplemental petition filed under this Section, the court may
15 reinstate wardship and open a previously closed case when:
16         (a) wardship and guardianship under this Act was
17     vacated pursuant to:
18             (i) an order entered under subsection (2) of
19         Section 2-31 in the case of a minor over the age of 18;
20             (ii) closure of a case under subsection (2) of
21         Section 2-31 in the case of a minor under the age of 18
22         who has been partially or completely emancipated in
23         accordance with the Emancipation of Minors Act; or
24             (iii); an order entered under subsection (3) of
25         Section 2-31 based on the minor's attaining the age of
26         19 years;

 

 

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1         (b) the minor is not presently a ward of the court
2     under Article II of this Act nor is there a petition for
3     adjudication of wardship pending on behalf of the minor;
4     and
5         (c) it is in the minor's best interest that wardship be
6     reinstated.
7     (3) The supplemental petition must be filed in the same
8 proceeding in which the original adjudication order was
9 entered. Unless excused by court for good cause shown, the
10 petitioner shall give notice of the time and place of the
11 hearing on the supplemental petition, in person or by mail, to
12 the minor, if the minor is 14 years of age or older, and to the
13 parties to the juvenile court proceeding. Notice shall be
14 provided at least 3 court days in advance of the hearing date.
15     (4) A minor who is the subject of a petition to reinstate
16 wardship under this Section shall be provided with
17 representation in accordance with Sections 1-5 and 2-17 of this
18 Act.
19     (5) Whenever a minor is committed to the Department of
20 Children and Family Services for care and services following
21 the reinstatement of wardship under this Section, the
22 Department shall:
23         (a) Within 30 days of such commitment, prepare and file
24     with the court a case plan which complies with the federal
25     Adoption Assistance and Child Welfare Act of 1980 and is
26     consistent with the health, safety and best interests of

 

 

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1     the minor; and
2         (b) Promptly refer the minor for such services as are
3     necessary and consistent with the minor's health, safety
4     and best interests.
5 (Source: P.A. 90-608, eff. 6-30-98.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     New Act
4     20 ILCS 505/5 from Ch. 23, par. 5005
5     705 ILCS 405/2-23 from Ch. 37, par. 802-23
6     705 ILCS 405/2-27 from Ch. 37, par. 802-27
7     705 ILCS 405/2-31 from Ch. 37, par. 802-31
8     705 ILCS 405/2-33