Illinois General Assembly - Bill Status for HB0114
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 Bill Status of HB0114  101st General Assembly


Short Description:  JUV CT-CRITICAL INCIDENT RPT

House Sponsors
Rep. Mary E. Flowers - La Shawn K. Ford

Senate Sponsors
(Sen. William Delgado - Jacqueline Y. Collins)

Last Action
DateChamber Action
  7/29/2016HousePublic Act . . . . . . . . . 99-0664

Statutes Amended In Order of Appearance
705 ILCS 405/5-745


Synopsis As Introduced
Amends the Juvenile Court Act of 1987. Provides that the Department of Juvenile Justice shall file a critical incident report with the court within 10 days of the occurrence of a critical incident involving a youth committed to the Department. Provides that critical incidents are incidents that involve a serious risk to the life, health, or wellbeing of the youth, including, but not limited to, accidents or suicide attempts resulting in serious bodily harm or hospitalization, psychiatric hospitalization, alleged or suspected abuse, or escape or attempted escape from custody. Provides that the report shall contain a brief description of the incident, a summary of the actions the Department took as a result of the incident, and relevant information regarding the youth's current physical, mental, and emotional health. Provides that if the minor is in the physical custody of the Department of Juvenile Justice, the Department shall file updated case plans with the court every 6 months.

House Committee Amendment No. 1
Eliminates provision that a guardian or legal custodian appointed by the court under the Act shall file updated case plans with the court every 6 months. Provides that commitments to the Department of Juvenile Justice are indeterminate commitments, with time in a Department of Juvenile Justice facility intended to be a last resort for as short a time as possible. Provides that the Department of Juvenile Justice shall file a written report with the court when a minor who has been committed to the Department: (A) is in a Department of Juvenile Justice facility solely because the agency cannot find a placement for the minor, or (B) is in a Department of Juvenile Justice facility for over one year. Provides that when the minor has been in the custody of the Department of Juvenile Justice for more than a year, but is not in a Department facility solely because the agency cannot find a placement for the minor, the initial report shall be filed on the later of the following dates: (i) March 1, 2016 or (ii) the 13 month anniversary of the court order placing the minor in the custody of the Department; and supplemental reports shall be filed every 6 months thereafter. Provides that the report shall include the individual placement plan for the minor, as well as a detailed report of services and planning provided by the Department, and the steps the Department is taking to place the minor in a less restrictive setting. Provides that a copy of the report shall be provided to the minor's parents and guardian, if the Department has a record of the address of the parents and guardian. Provides that a copy of the report shall be provided to the minor's guardian ad litem and attorney. Provides that upon receipt of the report, the court shall review the report and determine whether a hearing would serve the minor's best interests. Provides that the minor's parents or guardian or attorney may request that the court conduct a hearing. Provides that the decision as to whether a hearing is to be conducted shall be in the sound discretion of the court. Notice of the hearing shall be provided to the Director of Juvenile Justice and the minor's parent and guardian and attorney. Provides that if the court determines that a hearing would serve the minor's best interests and the minor does not have an attorney, an attorney shall be appointed for the minor. Provides that if after receiving evidence, the court determines that the services contained in the placement plan are not reasonably calculated to prepare the minor for reentry into the community, the court shall put into writing the factual basis supporting the determination and enter specific findings based on the evidence. Provides that the court also shall enter an order for the Department to develop and implement a new placement plan or to implement changes in the current placement plan consistent with the court's findings. Provides that the new placement plan shall be filed with the court and served on all parties within 45 days of the order. Provides that the court shall continue the matter until the new placement plan is filed.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that if the minor is committed to the Department of Juvenile Justice, the Department shall notify the court in writing within 10 days of the occurrence of any of the following: (1) a critical incident involving a youth committed to the Department. "Critical incident" means any incident that involves a serious risk to the life, health, or wellbeing of the youth, the incident may include, but is not limited to, an accident or suicide attempt resulting in serious bodily harm or hospitalization, psychiatric hospitalization, alleged or suspected abuse, or escape or attempted escape from custody; (2) a youth who has been released by the Prisoner Review Board but remains in a Department facility solely because the youth does not have an approved aftercare release host site; or (3) a youth, except a youth who has been adjudicated a habitual or violent juvenile offender or committed for first degree murder, who has been held in a Department facility for over one consecutive year. Provides that the notification shall contain a brief description of the incident or situation and a summary of the youth's current physical, mental, and emotional health and the actions the Department took in response to the incident or to identify an aftercare release host site, as applicable. Provides that upon receipt of the notification, the court may require the Department to make a full report. Deletes provision that a guardian or legal custodian appointed by the court under the Act shall file updated case plans with the court every 6 months. Provides that the initial report shall be filed on or before the later of the following dates: (1) March 1, 2016 or (2) the date of the 13 month anniversary of the entry of the court order placing the minor in the custody of the Department. Supplemental reports shall be filed every 6 months thereafter. Provides that with respect to any report required be filed with the court under this Section, the Independent Juvenile Ombudsman shall provide a copy to the minor's court appointed guardian ad litem, if the Department has received written notice of the appointment, and to the minor's attorney, when the Department has received written notice of representation from the attorney. If the Department's has a record that a guardian has been appointed for the minor and a record of the last known address of the minor's court appointed guardian, the Independent Juvenile Ombudsman shall send a notice to the guardian that the report is available and will be provided by the Independent Juvenile Ombudsman, upon request. When the Department has no record that a guardian has not been appointed for the minor, and the Department's records include the last known addresses of the minor's parents, the Independent Juvenile Ombudsman shall send a notice to the parents that the report is available and will be provided by the Independent Juvenile Ombudsman, upon request.

House Floor Amendment No. 3
Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Deletes language providing that a guardian or legal custodian appointed by the court under the Act shall file updated case plans with the court every 6 months. Provides the Department of Juvenile Justice shall notify the court in writing, filed within 10 days of the occurrence, of a critical incident involving a youth committed to the Department and a youth who has been released by the Prisoner Review Board but remains in a Department facility solely because the youth does not have an approved aftercare release site. Provides that the Department shall notify the court in writing of a youth, except a youth who has been adjudicated a habitual or violent offender, or committed for first degree murder, who has been held in a Department facility for over one consecutive year with a supplemental report filed every 6 months thereafter. Provides that the notification shall contain a brief description of the incident or situation and a summary of the minor's current physical, mental, and emotional health and the actions the Department took in response. Provides that upon receipt of the notification, the court may require the Department to make a full report. Provides that with respect to any report required to be filed with the court, the Independent Juvenile Ombudsman shall provide a copy to the minor's court appointed guardian ad litem and to the minor's attorney. Provides that under specified circumstances, the Independent Juvenile Ombudsman shall send a notice to the minor's parents or guardian that the report is available and will be provided by the Independent Juvenile Ombudsman upon request.

House Floor Amendment No. 4
Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that if the Department of Children and Family Services is appointed legal custodian or guardian of a minor under this Act, the Department of Children and Family services shall file updated case plans with the court every 6 months (rather than providing a guardian or legal custodian appointed under this Act shall file updated case plans with the court every 6 months). Provides the Department of Juvenile Justice shall notify the court in writing, filed within 10 days of the occurrence, of a critical incident involving a youth committed to the Department and a youth who has been released by the Prisoner Review Board but remains in a Department facility solely because the youth does not have an approved aftercare release site. Provides that the Department shall notify the court in writing of a youth, except a youth who has been adjudicated a habitual or violent offender, or committed for first degree murder, who has been held in a Department facility for over one consecutive year with a supplemental report filed every 6 months thereafter. Provides that the notification shall contain a brief description of the incident or situation and a summary of the minor's current physical, mental, and emotional health and the actions the Department took in response. Provides that upon receipt of the notification, the court may require the Department to make a full report. Provides that with respect to any report required to be filed with the court, the Independent Juvenile Ombudsman shall provide a copy to the minor's court appointed guardian ad litem and to the minor's attorney. Provides that under specified circumstances, the Independent Juvenile Ombudsman shall send a notice to the minor's parents or guardian that the report is available and will be provided by the Independent Juvenile Ombudsman upon request.

Actions 
DateChamber Action
  1/14/2015HouseFiled with the Clerk by Rep. Mary E. Flowers
  1/14/2015HouseFirst Reading
  1/14/2015HouseReferred to Rules Committee
  2/3/2015HouseAssigned to Juvenile Justice & System-Involved Youth Committee
  3/20/2015HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers
  3/20/2015HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/23/2015HouseHouse Committee Amendment No. 1 Rules Refers to Juvenile Justice & System-Involved Youth Committee
  3/24/2015HouseHouse Committee Amendment No. 1 Adopted in Juvenile Justice & System-Involved Youth Committee; by Voice Vote
  3/24/2015HouseDo Pass as Amended / Short Debate Juvenile Justice & System-Involved Youth Committee; 011-002-001
  3/25/2015HousePlaced on Calendar 2nd Reading - Short Debate
  4/20/2015HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Mary E. Flowers
  4/20/2015HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/22/2015HouseSecond Reading - Short Debate
  4/22/2015HouseHeld on Calendar Order of Second Reading - Short Debate
  4/24/2015HouseRule 19(a) / Re-referred to Rules Committee
  2/16/2016HouseApproved for Consideration Rules Committee; 004-000-000
  2/16/2016HousePlaced on Calendar 2nd Reading - Short Debate
  2/16/2016HouseHouse Floor Amendment No. 2 Rules Refers to Juvenile Justice & System-Involved Youth Committee
  3/2/2016HouseHouse Floor Amendment No. 2 Recommends Be Adopted Juvenile Justice & System-Involved Youth Committee; 011-000-000
  3/30/2016HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Mary E. Flowers
  3/30/2016HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/4/2016HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 005-000-000
  4/13/2016HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Mary E. Flowers
  4/13/2016HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  4/14/2016HouseHouse Floor Amendment No. 4 Rules Refers to Youth & Young Adults
  4/15/2016HouseHouse Floor Amendment No. 4 Recommends Be Adopted Youth & Young Adults; 010-000-000
  4/19/2016HouseSecond Reading - Short Debate
  4/19/2016HouseHouse Floor Amendment No. 2 Adopted
  4/19/2016HouseHouse Floor Amendment No. 3 Adopted
  4/19/2016HouseHouse Floor Amendment No. 4 Adopted
  4/19/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/20/2016HouseThird Reading - Short Debate - Passed 115-000-000
  4/20/2016HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  4/20/2016SenateArrive in Senate
  4/20/2016SenatePlaced on Calendar Order of First Reading April 21, 2016
  4/29/2016SenateChief Senate Sponsor Sen. William Delgado
  5/3/2016SenateFirst Reading
  5/3/2016SenateReferred to Assignments
  5/3/2016SenateAssigned to Judiciary
  5/3/2016SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/11/2016SenatePostponed - Judiciary
  5/13/2016SenateRule 2-10 Committee Deadline Established As May 27, 2016
  5/18/2016SenatePostponed - Judiciary
  5/25/2016SenateDo Pass Judiciary; 010-000-000
  5/25/2016SenatePlaced on Calendar Order of 2nd Reading
  5/25/2016SenateSecond Reading
  5/25/2016SenatePlaced on Calendar Order of 3rd Reading May 26, 2016
  5/26/2016SenateThird Reading - Passed; 058-000-000
  5/26/2016HousePassed Both Houses
  6/24/2016HouseSent to the Governor
  7/29/2016HouseGovernor Approved
  7/29/2016HouseEffective Date January 1, 2017
  7/29/2016HousePublic Act . . . . . . . . . 99-0664

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