093_HB2515eng

 
HB2515 Engrossed                     LRB093 07681 RLC 11658 b

 1        AN ACT in relation to minors.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Juvenile Court Act of 1987 is amended  by
 5    changing Section 1-5 as follows:

 6        (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
 7        Sec. 1-5.  Rights of parties to proceedings.
 8        (1)  Except as provided in this Section and paragraph (2)
 9    of  Sections  2-22, 3-23, 4-20, 5-610 or 5-705, the minor who
10    is the subject of the proceeding and his  parents,  guardian,
11    legal  custodian  or  responsible  relative  who  are parties
12    respondent have the right to be  present,  to  be  heard,  to
13    present    evidence   material   to   the   proceedings,   to
14    cross-examine witnesses, to examine pertinent court files and
15    records and also, although proceedings under this Act are not
16    intended to be  adversary  in  character,  the  right  to  be
17    represented   by  counsel.   At  the  request  of  any  party
18    financially unable to employ counsel, with the exception of a
19    foster parent permitted to intervene under this Section,  the
20    court shall appoint the Public Defender or such other counsel
21    as  the case may require. Counsel appointed for the minor and
22    any indigent party shall appear at all stages  of  the  trial
23    court proceeding, and such appointment shall continue through
24    the  permanency  hearings  and termination of parental rights
25    proceedings subject to withdrawal or substitution pursuant to
26    Supreme Court Rules or the Code of Civil Procedure. Following
27    the dispositional hearing, the court  may  require  appointed
28    counsel,  other than counsel for the minor or counsel for the
29    guardian ad litem, to withdraw his  or  her  appearance  upon
30    failure  of  the  party  for whom counsel was appointed under
31    this Section to attend any subsequent proceedings.
 
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 1        No hearing on any petition or motion filed under this Act
 2    may be commenced unless the minor who is the subject  of  the
 3    proceeding  is  represented  by  counsel. Notwithstanding the
 4    preceding sentence, if a guardian ad litem has been appointed
 5    for the minor under Section 2-17 of this Act and the guardian
 6    ad litem is a licensed attorney at law of this State,  or  in
 7    the  event  that  a court appointed special advocate has been
 8    appointed as guardian ad litem and counsel has been appointed
 9    to represent the court appointed special advocate, the  court
10    may  not  require the appointment of counsel to represent the
11    minor unless the court finds that the minor's  interests  are
12    in  conflict with what the guardian ad litem determines to be
13    in the best interest of  the  minor.  Each  adult  respondent
14    shall  be furnished a written "Notice of Rights" at or before
15    the first hearing at which he or she appears.
16        (1.5)  The Department shall maintain a system of response
17    to inquiry made by parents or putative parents as to  whether
18    their  child  is  under  the  custody  or guardianship of the
19    Department; and  if  so,  the  Department  shall  direct  the
20    parents  or  putative  parents  to  the  appropriate court of
21    jurisdiction, including where inquiry  may  be  made  of  the
22    clerk  of  the  court  regarding the case number and the next
23    scheduled court date  of the minor's case.  Effective  notice
24    and  the means of accessing information shall be given to the
25    public on a continuing basis by the Department.
26        (2) (a)  Though not appointed guardian or legal custodian
27    or otherwise made a party to the proceeding, any  current  or
28    previously  appointed foster parent or relative caregiver, or
29    representative of an agency or association interested in  the
30    minor  has  the  right to be heard by the court, but does not
31    thereby become a party to the proceeding.
32        In addition to the foregoing right to  be  heard  by  the
33    court,  any  current foster parent or relative caregiver of a
34    minor  and  the  agency  designated  by  the  court  or   the
 
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 1    Department  of  Children  and Family Services as custodian of
 2    the minor who is alleged to be or  has  been  adjudicated  an
 3    abused  or  neglected  minor under Section 2-3 or a dependent
 4    minor under Section 2-4 of this Act  has  the  right  to  and
 5    shall  be  given adequate notice at all stages of any hearing
 6    or proceeding under this Act.
 7        Any foster parent or relative caregiver who is denied his
 8    or her right to be heard  under  this  Section  may  bring  a
 9    mandamus  action  under  Article  XIV  of  the  Code of Civil
10    Procedure against the court or any public agency  to  enforce
11    that  right.   The mandamus action may be brought immediately
12    upon the denial of those rights but in no event later than 30
13    days after the foster parent has been denied the right to  be
14    heard.
15        (b)  If  after  an adjudication that a minor is abused or
16    neglected as provided under Section 2-21 of this  Act  and  a
17    motion  has  been  made  to  restore the minor to any parent,
18    guardian, or legal custodian  found  by  the  court  to  have
19    caused  the  neglect  or  to  have inflicted the abuse on the
20    minor, a foster parent may file a motion to intervene in  the
21    proceeding  for the sole purpose of requesting that the minor
22    be placed with the foster parent, provided  that  the  foster
23    parent  (i) is the current foster parent of the minor or (ii)
24    has previously been a foster parent for  the  minor  for  one
25    year  or more, has a foster care license or is eligible for a
26    license, and is not the subject of any findings of  abuse  or
27    neglect  of  any  child.   The  juvenile court may only enter
28    orders placing a minor with a specific  foster  parent  under
29    this  subsection  (2)(b) and nothing in this Section shall be
30    construed to confer any  jurisdiction  or  authority  on  the
31    juvenile  court  to  issue  any  other  orders  requiring the
32    appointed guardian or custodian of a minor to place the minor
33    in a designated foster home or facility.  This Section is not
34    intended to encompass any matters that are within  the  scope
 
HB2515 Engrossed            -4-      LRB093 07681 RLC 11658 b
 1    or  determinable  under the administrative and appeal process
 2    established by rules of the Department of Children and Family
 3    Services under  Section  5(o)  of  the  Children  and  Family
 4    Services  Act.   Nothing  in  this  Section shall relieve the
 5    court of its responsibility, under Section  2-14(a)  of  this
 6    Act  to  act  in a just and speedy manner to reunify families
 7    where it is the best interests of the minor and the child can
 8    be cared for at home without endangering the  child's  health
 9    or  safety and, if reunification is not in the best interests
10    of the minor, to find another permanent home for  the  minor.
11    Nothing  in this Section, or in any order issued by the court
12    with respect to the  placement  of  a  minor  with  a  foster
13    parent,  shall  impair  the  ability  of  the  Department  of
14    Children and Family Services, or anyone else authorized under
15    Section 5 of the Abused and Neglected Child Reporting Act, to
16    remove  a  minor  from  the  home  of  a foster parent if the
17    Department of Children and  Family  Services  or  the  person
18    removing   the   minor   has   reason  to  believe  that  the
19    circumstances or  conditions  of  the  minor  are  such  that
20    continuing in the residence or care of the foster parent will
21    jeopardize  the  child's  health  and  safety  or  present an
22    imminent risk of harm to that minor's life.
23        (c)  If a foster parent has had  the  minor  who  is  the
24    subject of the proceeding under Article II in his or her home
25    for  more  than  one year on or after July 3, 1994 and if the
26    minor's  placement  is  being  terminated  from  that  foster
27    parent's home, that foster parent  shall  have  standing  and
28    intervenor  status  except  in  those circumstances where the
29    Department of Children and Family  Services  or  anyone  else
30    authorized  under Section 5 of the Abused and Neglected Child
31    Reporting Act has removed the minor from  the  foster  parent
32    because  of  a  reasonable  belief  that the circumstances or
33    conditions of the minor  are  such  that  continuing  in  the
34    residence  or  care  of the foster parent will jeopardize the
 
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 1    child's health or safety or presents an imminent risk of harm
 2    to the minor's life.
 3        (d)  The court may grant standing to any foster parent if
 4    the court finds that it is in the best interest of the  child
 5    for the foster parent to have standing and intervenor status.
 6        (3)  Parties   respondent   are  entitled  to  notice  in
 7    compliance with Sections 2-15 and 2-16, 3-17 and  3-18,  4-14
 8    and  4-15  or  5-525  and 5-530, as appropriate. At the first
 9    appearance before  the  court  by  the  minor,  his  parents,
10    guardian,  custodian or responsible relative, the court shall
11    explain the nature of the proceedings and inform the  parties
12    of their rights under the first 2 paragraphs of this Section.
13        If  the  child  is  alleged  to  be  abused, neglected or
14    dependent, the court shall admonish the parents that  if  the
15    court declares the child to be a ward of the court and awards
16    custody  or  guardianship  to  the Department of Children and
17    Family  Services,  the  parents  must  cooperate   with   the
18    Department  of  Children and Family Services, comply with the
19    terms of the service plans, and correct the  conditions  that
20    require the child to be in care, or risk termination of their
21    parental rights.
22        Upon  an  adjudication  of  wardship  of  the court under
23    Sections 2-22, 3-23, 4-20 or 5-705, the  court  shall  inform
24    the  parties  of  their  right to appeal therefrom as well as
25    from any other final judgment of the court.
26        When  the  court  finds  that  a  child  is  an   abused,
27    neglected,  or  dependent minor under Section 2-21, the court
28    shall admonish the parents that the  parents  must  cooperate
29    with  the  Department of Children and Family Services, comply
30    with  the  terms  of  the  service  plans,  and  correct  the
31    conditions that require the child to  be  in  care,  or  risk
32    termination of their parental rights.
33        When the court declares a child to be a ward of the court
34    and  awards  guardianship  to  the Department of Children and
 
HB2515 Engrossed            -6-      LRB093 07681 RLC 11658 b
 1    Family Services under Section 2-22, the court shall  admonish
 2    the  parents,  guardian,  custodian,  or responsible relative
 3    that the  parents  must  cooperate  with  the  Department  of
 4    Children  and  Family  Services, comply with the terms of the
 5    service plans, and correct the conditions  that  require  the
 6    child  to  be  in care, or risk termination of their parental
 7    rights.
 8        (4)  No sanction may be applied against the minor who  is
 9    the  subject  of  the proceedings by reason of his refusal or
10    failure to testify in the course of any hearing held prior to
11    final adjudication under Section 2-22, 3-23, 4-20 or 5-705.
12        (5)  In the discretion of the court,  the  minor  may  be
13    excluded  from  any  part or parts of a dispositional hearing
14    and, with the consent of the  parent  or  parents,  guardian,
15    counsel  or a guardian ad litem, from any part or parts of an
16    adjudicatory hearing.
17        (6)  The general public except for the news media and the
18    victim shall be excluded from any hearing and, except for the
19    persons specified in this  Section  only  persons,  including
20    representatives  of  agencies  and  associations,  who in the
21    opinion of the court have a direct interest in the case or in
22    the work of the court  shall  be  admitted  to  the  hearing.
23    However, the court may, for the minor's safety and protection
24    and  for  good  cause  shown,  prohibit  any person or agency
25    present  in  court  from  further  disclosing   the   minor's
26    identity.  Nothing  in this subsection (6) prevents the court
27    from allowing other juveniles to be present or to participate
28    in a court session being held under the Juvenile  Drug  Court
29    Treatment Act.
30        (7)  A  party shall not be entitled to exercise the right
31    to a substitution of a judge without cause under  subdivision
32    (a)(2)  of Section 2-1001 of the Code of Civil Procedure in a
33    proceeding under this Act if the judge is currently  assigned
34    to  a  proceeding  involving  the  alleged abuse, neglect, or
 
HB2515 Engrossed            -7-      LRB093 07681 RLC 11658 b
 1    dependency of the minor's sibling or half  sibling  and  that
 2    judge  has  made  a  substantive  ruling  in  the  proceeding
 3    involving the minor's sibling or half sibling.
 4    (Source: P.A. 91-357, eff. 7-29-99; 92-559, eff. 1-1-03.)

 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law.