99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1950

 

Introduced 2/20/2015, by Sen. Julie A. Morrison

 

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

    Amends the Juvenile Court Act of 1987 concerning abused, neglected, and dependent minors. Provides that the public agency that is the custodian or guardian of the minor shall file a written report with the court when a minor in the agency's care remains (1) in a shelter for over 30 days, (2) in a psychiatric hospital past the time when the minor is clinically ready for discharge or beyond medical necessity, whichever is earlier, (3) in a detention center or Department of Juvenile Justice facility solely because the public agency cannot find a placement for the minor, (4) in a living arrangement or placement for over 30 days after the public agency has determined that the minor needs a different type of living arrangement or placement, or (5) in a Department of Children and Family Services licensed child care facility that has been placed on a corrective action plan due to issues that impact child safety and well-being. Provides that the report shall explain the steps the agency is taking to ensure the minor is placed appropriately and how the minor's needs are being met. If the report is filed under items (1) through (4), it shall also explain the anticipated placement, why the anticipated placement is appropriate, and the anticipated placement date. If the report is filed under item (5), it shall also explain why the corrective plan is necessary and how the minor's safety and well-being is being ensured. Deletes provision that unless otherwise specifically authorized by law, the court is not empowered under to order specific placements, specific services, or specific service providers to be included in the plan. Provides that if, after receiving the evidence, the court determines that the minor's current or planned placement is not necessary or appropriate the court shall put in writing the factual bases supporting the determination, enter specific findings based on the evidence, and enter any other orders necessary to protect the health, safety, and best interests of the minor.


LRB099 09585 RLC 29794 b

 

 

A BILL FOR

 

SB1950LRB099 09585 RLC 29794 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, or earlier as the court determines is
14necessary to protect the health, safety, or welfare of the
15minor, shall make the report, either in writing verified by
16affidavit or orally under oath in open court, or otherwise as
17the court directs. Upon the hearing of the report the court may
18remove the custodian or guardian and appoint another in his
19stead or restore the minor to the custody of his parents or
20former guardian or custodian. However, custody of the minor
21shall not be restored to any parent, guardian or legal
22custodian in any case in which the minor is found to be
23neglected or abused under Section 2-3 or dependent under

 

 

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1Section 2-4 of this Act, unless the minor can be cared for at
2home without endangering the minor's health or safety and it is
3in the best interests of the minor, and if such neglect, abuse,
4or dependency is found by the court under paragraph (1) of
5Section 2-21 of this Act to have come about due to the acts or
6omissions or both of such parent, guardian or legal custodian,
7until such time as an investigation is made as provided in
8paragraph (5) and a hearing is held on the issue of the fitness
9of such parent, guardian or legal custodian to care for the
10minor and the court enters an order that such parent, guardian
11or legal custodian is fit to care for the minor.
12    (1.5) The public agency that is the custodian or guardian
13of the minor shall file a written report with the court when a
14minor in the agency's care remains (a) in a shelter for over 30
15days, (b) in a psychiatric hospital past the time when the
16minor is clinically ready for discharge or beyond medical
17necessity, whichever is earlier, (c) in a detention center or
18Department of Juvenile Justice facility solely because the
19public agency cannot find a placement for the minor, (d) in a
20living arrangement or placement for over 30 days after the
21public agency has determined that the minor needs a different
22type of living arrangement or placement, or (e) in a Department
23of Children and Family Services licensed child care facility
24that has been placed on a corrective action plan due to issues
25that impact child safety and well-being. The report shall
26explain the steps the agency is taking to ensure the minor is

 

 

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1placed appropriately and how the minor's needs are being met.
2If the report is filed under paragraphs (a) through (d) of this
3subsection (1.5), it shall also explain the anticipated
4placement, why the anticipated placement is appropriate, and
5the anticipated placement date. If the report is filed under
6paragraph (e) of this subsection (1.5), it shall also explain
7why the corrective plan is necessary and how the minor's safety
8and well-being is being ensured.
9    (2) The first permanency hearing shall be conducted by the
10judge. Subsequent permanency hearings may be heard by a judge
11or by hearing officers appointed or approved by the court in
12the manner set forth in Section 2-28.1 of this Act. The initial
13hearing shall be held (a) within 12 months from the date
14temporary custody was taken, regardless of whether an
15adjudication or dispositional hearing has been completed
16within that time frame, (b) if the parental rights of both
17parents have been terminated in accordance with the procedure
18described in subsection (5) of Section 2-21, within 30 days of
19the order for termination of parental rights and appointment of
20a guardian with power to consent to adoption, or (c) in
21accordance with subsection (2) of Section 2-13.1. Subsequent
22permanency hearings shall be held every 6 months or more
23frequently if necessary in the court's determination following
24the initial permanency hearing, in accordance with the
25standards set forth in this Section, until the court determines
26that the plan and goal have been achieved. Once the plan and

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1make findings that identify any problems that are causing
2continued placement of the children away from the home and
3identify what outcomes would be considered a resolution to
4these problems. The court shall explain to the parents that
5these findings are based on the information that the court has
6at that time and may be revised, should additional evidence be
7presented to the court.
8    The court shall review the Sibling Contact Support Plan
9developed or modified under subsection (f) of Section 7.4 of
10the Children and Family Services Act, if applicable. If the
11Department has not convened a meeting to develop or modify a
12Sibling Contact Support Plan, or if the court finds that the
13existing Plan is not in the child's best interest, the court
14may enter an order requiring the Department to develop, modify
15or implement a Sibling Contact Support Plan, or order
16mediation.
17    If the goal has been achieved, the court shall enter orders
18that are necessary to conform the minor's legal custody and
19status to those findings.
20    If, after receiving evidence, the court determines that the
21services contained in the plan are not reasonably calculated to
22facilitate achievement of the permanency goal, the court shall
23put in writing the factual basis supporting the determination
24and enter specific findings based on the evidence. The court
25also shall enter an order for the Department to develop and
26implement a new service plan or to implement changes to the

 

 

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1current service plan consistent with the court's findings. The
2new service plan shall be filed with the court and served on
3all parties within 45 days of the date of the order. The court
4shall continue the matter until the new service plan is filed.
5If, after receiving the evidence, the court determines that the
6minor's current or planned placement is not necessary or
7appropriate under clause (b)(iii) of subsection (3) of this
8Section the court shall put in writing the factual bases
9supporting the determination, enter specific findings based on
10the evidence, and enter any other orders necessary to protect
11the health, safety, and best interests of the minor. Unless
12otherwise specifically authorized by law, the court is not
13empowered under this subsection (2) or under subsection (3) to
14order specific placements, specific services, or specific
15service providers to be included in the plan.
16    A guardian or custodian appointed by the court pursuant to
17this Act shall file updated case plans with the court every 6
18months.
19    Rights of wards of the court under this Act are enforceable
20against any public agency by complaints for relief by mandamus
21filed in any proceedings brought under this Act.
22    (3) Following the permanency hearing, the court shall enter
23a written order that includes the determinations required under
24subsection (2) of this Section and sets forth the following:
25        (a) The future status of the minor, including the
26    permanency goal, and any order necessary to conform the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    any information sought in the investigation.
2        (b) The information derived from the investigation and
3    any conclusions or recommendations derived from the
4    information shall be provided to the parent, guardian, or
5    legal custodian seeking restoration of custody prior to the
6    hearing on fitness and the movant shall have an opportunity
7    at the hearing to refute the information or contest its
8    significance.
9        (c) All information obtained from any investigation
10    shall be confidential as provided in Section 5-150 of this
11    Act.
12(Source: P.A. 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12;
1398-756, eff. 7-16-14.)