97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1949

 

Introduced 2/10/2011, by Sen. William Delgado

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/2-28  from Ch. 37, par. 802-28

    Amends the Juvenile Court Act of 1987 relating to abused, neglected, and dependent minors. Provides that the initial permanency hearing shall be held within 12 months from the date temporary custody of the minor was taken, regardless of whether an adjudication or dispositional hearing has been completed within that timeframe. Effective immediately.


LRB097 00167 RLC 40182 b

 

 

A BILL FOR

 

SB1949LRB097 00167 RLC 40182 b

1    AN ACT concerning courts.
 
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 2-28 as follows:
 
6    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
7    Sec. 2-28. Court review.
8    (1) The court may require any legal custodian or guardian
9of the person appointed under this Act to report periodically
10to the court or may cite him into court and require him or his
11agency, to make a full and accurate report of his or its doings
12in behalf of the minor. The custodian or guardian, within 10
13days after such citation, shall make the report, either in
14writing verified by affidavit or orally under oath in open
15court, or otherwise as the court directs. Upon the hearing of
16the report the court may remove the custodian or guardian and
17appoint another in his stead or restore the minor to the
18custody of his parents or former guardian or custodian.
19However, custody of the minor shall not be restored to any
20parent, guardian or legal custodian in any case in which the
21minor is found to be neglected or abused under Section 2-3 or
22dependent under Section 2-4 of this Act, unless the minor can
23be cared for at home without endangering the minor's health or

 

 

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1safety and it is in the best interests of the minor, and if
2such neglect, abuse, or dependency is found by the court under
3paragraph (1) of Section 2-21 of this Act to have come about
4due to the acts or omissions or both of such parent, guardian
5or legal custodian, until such time as an investigation is made
6as provided in paragraph (5) and a hearing is held on the issue
7of the fitness of such parent, guardian or legal custodian to
8care for the minor and the court enters an order that such
9parent, guardian or legal custodian is fit to care for the
10minor.
11    (2) The first permanency hearing shall be conducted by the
12judge. Subsequent permanency hearings may be heard by a judge
13or by hearing officers appointed or approved by the court in
14the manner set forth in Section 2-28.1 of this Act. The initial
15hearing shall be held (a) within 12 months from the date
16temporary custody was taken, regardless of whether an
17adjudication or dispositional hearing has been completed
18within that timeframe, (b) if the parental rights of both
19parents have been terminated in accordance with the procedure
20described in subsection (5) of Section 2-21, within 30 days of
21the order for termination of parental rights and appointment of
22a guardian with power to consent to adoption, or (c) in
23accordance with subsection (2) of Section 2-13.1. Subsequent
24permanency hearings shall be held every 6 months or more
25frequently if necessary in the court's determination following
26the initial permanency hearing, in accordance with the

 

 

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1standards set forth in this Section, until the court determines
2that the plan and goal have been achieved. Once the plan and
3goal have been achieved, if the minor remains in substitute
4care, the case shall be reviewed at least every 6 months
5thereafter, subject to the provisions of this Section, unless
6the minor is placed in the guardianship of a suitable relative
7or other person and the court determines that further
8monitoring by the court does not further the health, safety or
9best interest of the child and that this is a stable permanent
10placement. The permanency hearings must occur within the time
11frames set forth in this subsection and may not be delayed in
12anticipation of a report from any source or due to the agency's
13failure to timely file its written report (this written report
14means the one required under the next paragraph and does not
15mean the service plan also referred to in that paragraph).
16    The public agency that is the custodian or guardian of the
17minor, or another agency responsible for the minor's care,
18shall ensure that all parties to the permanency hearings are
19provided a copy of the most recent service plan prepared within
20the prior 6 months at least 14 days in advance of the hearing.
21If not contained in the plan, the agency shall also include a
22report setting forth (i) any special physical, psychological,
23educational, medical, emotional, or other needs of the minor or
24his or her family that are relevant to a permanency or
25placement determination and (ii) for any minor age 16 or over,
26a written description of the programs and services that will

 

 

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

 

 

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1    efforts or reasonable progress to date, the court shall
2    identify what actions the parent and the Department must
3    take in order to justify a finding of reasonable efforts or
4    reasonable progress and shall set a status hearing to be
5    held not earlier than 9 months from the date of
6    adjudication nor later than 11 months from the date of
7    adjudication during which the parent's progress will again
8    be reviewed.
9        (C) The minor will be in substitute care pending court
10    determination on termination of parental rights.
11        (D) Adoption, provided that parental rights have been
12    terminated or relinquished.
13        (E) The guardianship of the minor will be transferred
14    to an individual or couple on a permanent basis provided
15    that goals (A) through (D) have been ruled out.
16        (F) The minor over age 15 will be in substitute care
17    pending independence.
18        (G) The minor will be in substitute care because he or
19    she cannot be provided for in a home environment due to
20    developmental disabilities or mental illness or because he
21    or she is a danger to self or others, provided that goals
22    (A) through (D) have been ruled out.
23    In selecting any permanency goal, the court shall indicate
24in writing the reasons the goal was selected and why the
25preceding goals were ruled out. Where the court has selected a
26permanency goal other than (A), (B), or (B-1), the Department

 

 

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1of Children and Family Services shall not provide further
2reunification services, but shall provide services consistent
3with the goal selected.
4        (H) Notwithstanding any other provision in this
5    Section, the court may select the goal of continuing foster
6    care as a permanency goal if:
7            (1) The Department of Children and Family Services
8        has custody and guardianship of the minor;
9            (2) The court has ruled out all other permanency
10        goals based on the child's best interest;
11            (3) The court has found compelling reasons, based
12        on written documentation reviewed by the court, to
13        place the minor in continuing foster care. Compelling
14        reasons include:
15                (a) the child does not wish to be adopted or to
16            be placed in the guardianship of his or her
17            relative or foster care placement;
18                (b) the child exhibits an extreme level of need
19            such that the removal of the child from his or her
20            placement would be detrimental to the child; or
21                (c) the child who is the subject of the
22            permanency hearing has existing close and strong
23            bonds with a sibling, and achievement of another
24            permanency goal would substantially interfere with
25            the subject child's sibling relationship, taking
26            into consideration the nature and extent of the

 

 

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1            relationship, and whether ongoing contact is in
2            the subject child's best interest, including
3            long-term emotional interest, as compared with the
4            legal and emotional benefit of permanence;
5            (4) The child has lived with the relative or foster
6        parent for at least one year; and
7            (5) The relative or foster parent currently caring
8        for the child is willing and capable of providing the
9        child with a stable and permanent environment.
10    The court shall set a permanency goal that is in the best
11interest of the child. In determining that goal, the court
12shall consult with the minor in an age-appropriate manner
13regarding the proposed permanency or transition plan for the
14minor. The court's determination shall include the following
15factors:
16        (1) Age of the child.
17        (2) Options available for permanence, including both
18    out-of-State and in-State placement options.
19        (3) Current placement of the child and the intent of
20    the family regarding adoption.
21        (4) Emotional, physical, and mental status or
22    condition of the child.
23        (5) Types of services previously offered and whether or
24    not the services were successful and, if not successful,
25    the reasons the services failed.
26        (6) Availability of services currently needed and

 

 

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

 

 

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1finding of child abuse or neglect.
2    If the permanency goal is to return home, the court shall
3make findings that identify any problems that are causing
4continued placement of the children away from the home and
5identify what outcomes would be considered a resolution to
6these problems. The court shall explain to the parents that
7these findings are based on the information that the court has
8at that time and may be revised, should additional evidence be
9presented to the court.
10    If the goal has been achieved, the court shall enter orders
11that are necessary to conform the minor's legal custody and
12status to those findings.
13    If, after receiving evidence, the court determines that the
14services contained in the plan are not reasonably calculated to
15facilitate achievement of the permanency goal, the court shall
16put in writing the factual basis supporting the determination
17and enter specific findings based on the evidence. The court
18also shall enter an order for the Department to develop and
19implement a new service plan or to implement changes to the
20current service plan consistent with the court's findings. The
21new service plan shall be filed with the court and served on
22all parties within 45 days of the date of the order. The court
23shall continue the matter until the new service plan is filed.
24Unless otherwise specifically authorized by law, the court is
25not empowered under this subsection (2) or under subsection (3)
26to order specific placements, specific services, or specific

 

 

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1service providers to be included in the plan.
2    A guardian or custodian appointed by the court pursuant to
3this Act shall file updated case plans with the court every 6
4months.
5    Rights of wards of the court under this Act are enforceable
6against any public agency by complaints for relief by mandamus
7filed in any proceedings brought under this Act.
8    (3) Following the permanency hearing, the court shall enter
9a written order that includes the determinations required under
10subsection (2) of this Section and sets forth the following:
11        (a) The future status of the minor, including the
12    permanency goal, and any order necessary to conform the
13    minor's legal custody and status to such determination; or
14        (b) If the permanency goal of the minor cannot be
15    achieved immediately, the specific reasons for continuing
16    the minor in the care of the Department of Children and
17    Family Services or other agency for short term placement,
18    and the following determinations:
19            (i) (Blank).
20            (ii) Whether the services required by the court and
21        by any service plan prepared within the prior 6 months
22        have been provided and (A) if so, whether the services
23        were reasonably calculated to facilitate the
24        achievement of the permanency goal or (B) if not
25        provided, why the services were not provided.
26            (iii) Whether the minor's placement is necessary,

 

 

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1        and appropriate to the plan and goal, recognizing the
2        right of minors to the least restrictive (most
3        family-like) setting available and in close proximity
4        to the parents' home consistent with the health,
5        safety, best interest and special needs of the minor
6        and, if the minor is placed out-of-State, whether the
7        out-of-State placement continues to be appropriate and
8        consistent with the health, safety, and best interest
9        of the minor.
10            (iv) (Blank).
11            (v) (Blank).
12    (4) The minor or any person interested in the minor may
13apply to the court for a change in custody of the minor and the
14appointment of a new custodian or guardian of the person or for
15the restoration of the minor to the custody of his parents or
16former guardian or custodian.
17    When return home is not selected as the permanency goal:
18        (a) The Department, the minor, or the current foster
19    parent or relative caregiver seeking private guardianship
20    may file a motion for private guardianship of the minor.
21    Appointment of a guardian under this Section requires
22    approval of the court.
23        (b) The State's Attorney may file a motion to terminate
24    parental rights of any parent who has failed to make
25    reasonable efforts to correct the conditions which led to
26    the removal of the child or reasonable progress toward the

 

 

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1    return of the child, as defined in subdivision (D)(m) of
2    Section 1 of the Adoption Act or for whom any other
3    unfitness ground for terminating parental rights as
4    defined in subdivision (D) of Section 1 of the Adoption Act
5    exists.
6        When parental rights have been terminated for a minimum
7    of 3 years and the child who is the subject of the
8    permanency hearing is 13 years old or older and is not
9    currently placed in a placement likely to achieve
10    permanency, the Department of Children and Family Services
11    shall make reasonable efforts to locate parents whose
12    rights have been terminated, except when the Court
13    determines that those efforts would be futile or
14    inconsistent with the subject child's best interests. The
15    Department of Children and Family Services shall assess the
16    appropriateness of the parent whose rights have been
17    terminated, and shall, as appropriate, foster and support
18    connections between the parent whose rights have been
19    terminated and the youth. The Department of Children and
20    Family Services shall document its determinations and
21    efforts to foster connections in the child's case plan.
22    Custody of the minor shall not be restored to any parent,
23guardian or legal custodian in any case in which the minor is
24found to be neglected or abused under Section 2-3 or dependent
25under Section 2-4 of this Act, unless the minor can be cared
26for at home without endangering his or her health or safety and

 

 

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1it is in the best interest of the minor, and if such neglect,
2abuse, or dependency is found by the court under paragraph (1)
3of Section 2-21 of this Act to have come about due to the acts
4or omissions or both of such parent, guardian or legal
5custodian, until such time as an investigation is made as
6provided in paragraph (5) and a hearing is held on the issue of
7the health, safety and best interest of the minor and the
8fitness of such parent, guardian or legal custodian to care for
9the minor and the court enters an order that such parent,
10guardian or legal custodian is fit to care for the minor. In
11the event that the minor has attained 18 years of age and the
12guardian or custodian petitions the court for an order
13terminating his guardianship or custody, guardianship or
14custody shall terminate automatically 30 days after the receipt
15of the petition unless the court orders otherwise. No legal
16custodian or guardian of the person may be removed without his
17consent until given notice and an opportunity to be heard by
18the court.
19    When the court orders a child restored to the custody of
20the parent or parents, the court shall order the parent or
21parents to cooperate with the Department of Children and Family
22Services and comply with the terms of an after-care plan, or
23risk the loss of custody of the child and possible termination
24of their parental rights. The court may also enter an order of
25protective supervision in accordance with Section 2-24.
26    (5) Whenever a parent, guardian, or legal custodian files a

 

 

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1motion for restoration of custody of the minor, and the minor
2was adjudicated neglected, abused, or dependent as a result of
3physical abuse, the court shall cause to be made an
4investigation as to whether the movant has ever been charged
5with or convicted of any criminal offense which would indicate
6the likelihood of any further physical abuse to the minor.
7Evidence of such criminal convictions shall be taken into
8account in determining whether the minor can be cared for at
9home without endangering his or her health or safety and
10fitness of the parent, guardian, or legal custodian.
11        (a) Any agency of this State or any subdivision thereof
12    shall co-operate with the agent of the court in providing
13    any information sought in the investigation.
14        (b) The information derived from the investigation and
15    any conclusions or recommendations derived from the
16    information shall be provided to the parent, guardian, or
17    legal custodian seeking restoration of custody prior to the
18    hearing on fitness and the movant shall have an opportunity
19    at the hearing to refute the information or contest its
20    significance.
21        (c) All information obtained from any investigation
22    shall be confidential as provided in Section 5-150 of this
23    Act.
24(Source: P.A. 95-10, eff. 6-30-07; 95-182, eff. 8-14-07;
2595-876, eff. 8-21-08; 96-600, eff. 8-21-09; 96-1375, eff.
267-29-10.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.