Full Text of HB4391 94th General Assembly
HB4391ham001 94TH GENERAL ASSEMBLY
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Rep. Robert W. Churchill
Filed: 2/27/2006
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09400HB4391ham001 |
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LRB094 13392 RLC 56596 a |
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| AMENDMENT TO HOUSE BILL 4391
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| AMENDMENT NO. ______. Amend House Bill 4391 on page 1, by | 3 |
| inserting immediately below line 3, the following:
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| "Section 2. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 5-740 as follows:
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| (705 ILCS 405/5-740)
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| Sec. 5-740. Placement; legal custody or guardianship.
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| (1) Except as otherwise provided in subsection (1.5), if
If
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| the court finds that the parents, guardian, or legal custodian | 10 |
| of a
minor adjudged a ward of the court are unfit or are | 11 |
| unable, for some reason
other than financial
circumstances | 12 |
| alone, to care for, protect, train or discipline the minor or | 13 |
| are
unwilling to do so, and that appropriate services aimed at | 14 |
| family preservation
and family reunification have been | 15 |
| unsuccessful in rectifying the conditions
which have led to a | 16 |
| finding of unfitness or inability to care for, protect,
train | 17 |
| or discipline the minor, and that it is in the best interest of | 18 |
| the minor
to take him or her from the custody of his or her | 19 |
| parents, guardian or
custodian, the
court
may:
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| (a) place him or her in the custody of a suitable | 21 |
| relative or other
person;
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| (b) place him or her under the guardianship of a | 23 |
| probation officer;
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| (c) commit him or her to an agency for care or |
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LRB094 13392 RLC 56596 a |
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| placement, except an
institution
under the authority of the | 2 |
| Department of Corrections or of the Department of
Children | 3 |
| and
Family Services;
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| (d) commit him or her to some licensed training school | 5 |
| or industrial
school; or
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| (e) commit him or her to any appropriate institution | 7 |
| having among its
purposes the
care of delinquent children, | 8 |
| including a child protective facility maintained
by a child | 9 |
| protection district serving the county from which | 10 |
| commitment is
made, but not including any institution under | 11 |
| the authority of the Department
of Corrections or of the | 12 |
| Department of Children and Family Services.
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| (1.5) If a minor under 13 years of age commits an act that | 14 |
| if committed by an adult would be a violation of paragraph (13) | 15 |
| of subsection (a) of Section 26-1 of the Criminal Code of 1961, | 16 |
| the court may not place the minor in a juvenile detention | 17 |
| center or facility.
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| (2) When making such placement, the court, wherever | 19 |
| possible, shall select
a person holding the same religious | 20 |
| belief as that of the minor or a private
agency controlled by | 21 |
| persons of like religious faith of the minor and shall
require | 22 |
| the Department of Children and
Family Services to otherwise | 23 |
| comply with Section 7 of the Children and Family
Services Act | 24 |
| in placing the child. In addition, whenever alternative plans | 25 |
| for
placement are available, the court shall ascertain and | 26 |
| consider, to the extent
appropriate in the particular case, the | 27 |
| views and preferences of the minor.
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| (3) When a minor is placed with a suitable relative or | 29 |
| other person, the
court shall appoint him or her the legal | 30 |
| custodian or guardian of the person of
the
minor. When a minor | 31 |
| is committed to any agency, the court shall appoint the
proper | 32 |
| officer or representative of the proper officer as legal | 33 |
| custodian or
guardian of the
person of the minor. Legal | 34 |
| custodians and guardians of the person of the minor
have the |
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LRB094 13392 RLC 56596 a |
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| respective rights and duties set forth in subsection (9) of
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| Section 5-105 except as otherwise provided by order of court; | 3 |
| but no guardian
of the person may consent to adoption of the | 4 |
| minor. An agency whose
representative is appointed guardian of | 5 |
| the person or legal custodian of the
minor may place him or her | 6 |
| in any child care facility, but the facility must be
licensed | 7 |
| under the Child Care Act of 1969 or have been approved by the
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| Department of Children and Family Services as meeting the | 9 |
| standards established
for such licensing. Like authority and | 10 |
| restrictions shall be conferred by the
court upon any probation | 11 |
| officer who has been appointed guardian of the person
of a | 12 |
| minor.
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| (4) No placement by any probation officer or agency whose | 14 |
| representative
is
appointed guardian of the person or legal | 15 |
| custodian of a minor may be made in
any out of State
child care | 16 |
| facility unless it complies with the Interstate Compact on the
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| Placement of Children.
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| (5) The clerk of the court shall issue to the guardian or | 19 |
| legal custodian
of the person a certified copy of the order of | 20 |
| court, as proof of his or her
authority. No other process is | 21 |
| necessary as authority for the keeping of the
minor.
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| (6) Legal custody or guardianship granted under this | 23 |
| Section continues
until the court otherwise directs, but not | 24 |
| after the minor reaches the age of
21 years except as set forth | 25 |
| in Section 5-750.
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| (Source: P.A. 90-590, eff. 1-1-99.)".
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