HB3806 EnrolledLRB097 13345 RLC 57861 b

1    AN ACT concerning minors.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 3-33.5 as follows:
 
6    (705 ILCS 405/3-33.5)
7    Sec. 3-33.5. Truant minors in need of supervision.
8    (a) Definition. A minor who is reported by the office of
9the regional superintendent of schools, or, in cities of over
10500,000 inhabitants, by the Office of Chronic Truant
11Adjudication, as a chronic truant may be subject to a petition
12for adjudication and adjudged a truant minor in need of
13supervision, provided that prior to the filing of the petition,
14the office of the regional superintendent of schools, the
15Office of Chronic Truant Adjudication, or a community truancy
16review board certifies that the local school has provided
17appropriate truancy intervention services to the truant minor
18and his or her family. For purposes of this Section, "truancy
19intervention services" means services designed to assist the
20minor's return to an educational program, and includes but is
21not limited to: assessments, counseling, mental health
22services, shelter, optional and alternative education
23programs, tutoring, and educational advocacy. If, after review

 

 

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1by the regional office of education, the Office of Chronic
2Truant Adjudication, or community truancy review board it is
3determined the local school did not provide the appropriate
4interventions, then the minor shall be referred to a
5comprehensive community based youth service agency for truancy
6intervention services. If the comprehensive community based
7youth service agency is incapable to provide intervention
8services, then this requirement for services is not applicable.
9The comprehensive community based youth service agency shall
10submit reports to the office of the regional superintendent of
11schools, the Office of Chronic Truant Adjudication, or truancy
12review board within 20, 40, and 80 school days of the initial
13referral or at any other time requested by the office of the
14regional superintendent of schools, the Office of Chronic
15Truant Adjudication, or truancy review board, which reports
16each shall certify the date of the minor's referral and the
17extent of the minor's progress and participation in truancy
18intervention services provided by the comprehensive community
19based youth service agency. In addition, if, after referral by
20the office of the regional superintendent of schools, the
21Office of Chronic Truant Adjudication, or community truancy
22review board, the minor declines or refuses to fully
23participate in truancy intervention services provided by the
24comprehensive community based youth service agency, then the
25agency shall immediately certify such facts to the office of
26the regional superintendent of schools, the Office of Chronic

 

 

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1Truant Adjudication, or community truancy review board.
2    (a-1) There is a rebuttable presumption that a chronic
3truant is a truant minor in need of supervision.
4    (a-2) There is a rebuttable presumption that school records
5of a minor's attendance at school are authentic.
6    (a-3) For purposes of this Section, "chronic truant" means
7a minor subject to compulsory school attendance and who is
8absent without valid cause from such attendance for 10% or more
9of the previous 180 regular attendance days and has the meaning
10ascribed to it in Section 26-2a of the School Code.
11    (a-4) For purposes of this Section, a "community truancy
12review board" is a local community based board comprised of but
13not limited to: representatives from local comprehensive
14community based youth service agencies, representatives from
15court service agencies, representatives from local schools,
16representatives from health service agencies, and
17representatives from local professional and community
18organizations as deemed appropriate by the office of the
19regional superintendent of schools, or, in cities of over
20500,000 inhabitants, by the Office of Chronic Truant
21Adjudication. The regional superintendent of schools, or, in
22cities of over 500,000 inhabitants, the Office of Chronic
23Truant Adjudication, must approve the establishment and
24organization of a community truancy review board and the
25regional superintendent of schools or his or her designee, or,
26in cities of over 500,000 inhabitants, the general

 

 

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1superintendent of schools or his or her designee, shall chair
2the board.
3    (a-5) Nothing in this Section shall be construed to create
4a private cause of action or right of recovery against a
5regional office of education or the Office of Chronic Truant
6Adjudication, its superintendent, or its staff with respect to
7truancy intervention services where the determination to
8provide the services is made in good faith.
9    (b) Kinds of dispositional orders. A minor found to be a
10truant minor in need of supervision may be:
11        (1) committed to the appropriate regional
12    superintendent of schools for a student assistance team
13    staffing, a service plan, or referral to a comprehensive
14    community based youth service agency;
15        (2) required to comply with a service plan as
16    specifically provided by the appropriate regional
17    superintendent of schools;
18        (3) ordered to obtain counseling or other supportive
19    services;
20        (4) subject to a fine in an amount in excess of $5, but
21    not exceeding $100, and each day of absence without valid
22    cause as defined in Section 26-2a of The School Code is a
23    separate offense;
24        (5) required to perform some reasonable public service
25    work such as, but not limited to, the picking up of litter
26    in public parks or along public highways or the maintenance

 

 

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1    of public facilities; or
2        (6) subject to having his or her driver's license or
3    driving privilege suspended for a period of time as
4    determined by the court but only until he or she attains 18
5    years of age.
6    A dispositional order may include a fine, public service,
7or suspension of a driver's license or privilege only if the
8court has made an express written finding that a truancy
9prevention program has been offered by the school, regional
10superintendent of schools, or a comprehensive community based
11youth service agency to the truant minor in need of
12supervision.
13    (c) Orders entered under this Section may be enforced by
14contempt proceedings.
15(Source: P.A. 94-1011, eff. 7-7-06.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.