Full Text of HB4054 96th General Assembly
HB4054enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning foster children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Foster | 5 |
| Youth Successful Transition to Adulthood Act. | 6 |
| Section 5. Legislative findings. The General Assembly | 7 |
| finds that: | 8 |
| (1) The transition to adulthood is complex, gradual, | 9 |
| and extended. Long after legal emancipation, many young | 10 |
| adults rely heavily on family and other support networks | 11 |
| for extended periods of time for financial, emotional and | 12 |
| other forms of support, to continue with school, choose a | 13 |
| career or find their way in the world of work, secure | 14 |
| health care, and maintain a stable residence; | 15 |
| (2) The young adults who "age out" of the child welfare | 16 |
| system are expected to be self-sufficient long before their | 17 |
| peers, with far fewer resources, and often with many | 18 |
| challenges unique to the experience of growing up in foster | 19 |
| care; | 20 |
| (3) Many young adults who "age out" of foster care are | 21 |
| ill-equipped to live independently and are especially | 22 |
| vulnerable to unemployment, homelessness, mental and | 23 |
| physical health-related problems, incarceration, teen |
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| pregnancy and parenting, and other obstacles to achieving | 2 |
| sustainable self-sufficiency; and | 3 |
| (4) It is in the interests of foster children who leave | 4 |
| the foster care system prematurely, and who subsequently | 5 |
| find themselves unable to maintain their independence | 6 |
| without additional support, to have a mechanism for | 7 |
| reengaging with the Department of Children and Family | 8 |
| Services and the Juvenile Court, and to secure the support | 9 |
| and services available to foster youth seeking to learn to | 10 |
| live independently as adults. | 11 |
| Section 10. The Children and Family Services Act is amended | 12 |
| by changing Section 5 as follows:
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| (20 ILCS 505/5) (from Ch. 23, par. 5005)
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| Sec. 5. Direct child welfare services; Department of | 15 |
| Children and Family
Services. To provide direct child welfare | 16 |
| services when not available
through other public or private | 17 |
| child care or program facilities.
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| (a) For purposes of this Section:
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| (1) "Children" means persons found within the State who | 20 |
| are under the
age of 18 years. The term also includes | 21 |
| persons under age 21 19 who:
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| (A) were committed to the Department pursuant to | 23 |
| the
Juvenile Court Act or the Juvenile Court Act of | 24 |
| 1987, as amended, prior to
the age of 18 and who |
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| continue under the jurisdiction of the court; or
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| (B) were accepted for care, service and training by
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| the Department prior to the age of 18 and whose best | 4 |
| interest in the
discretion of the Department would be | 5 |
| served by continuing that care,
service and training | 6 |
| because of severe emotional disturbances, physical
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| disability, social adjustment or any combination | 8 |
| thereof, or because of the
need to complete an | 9 |
| educational or vocational training program.
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| (2) "Homeless youth" means persons found within the
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| State who are under the age of 19, are not in a safe and | 12 |
| stable living
situation and cannot be reunited with their | 13 |
| families.
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| (3) "Child welfare services" means public social | 15 |
| services which are
directed toward the accomplishment of | 16 |
| the following purposes:
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| (A) protecting and promoting the health, safety | 18 |
| and welfare of
children,
including homeless, dependent | 19 |
| or neglected children;
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| (B) remedying, or assisting in the solution
of | 21 |
| problems which may result in, the neglect, abuse, | 22 |
| exploitation or
delinquency of children;
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| (C) preventing the unnecessary separation of | 24 |
| children
from their families by identifying family | 25 |
| problems, assisting families in
resolving their | 26 |
| problems, and preventing the breakup of the family
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| where the prevention of child removal is desirable and | 2 |
| possible when the
child can be cared for at home | 3 |
| without endangering the child's health and
safety;
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| (D) restoring to their families children who have | 5 |
| been
removed, by the provision of services to the child | 6 |
| and the families when the
child can be cared for at | 7 |
| home without endangering the child's health and
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| safety;
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| (E) placing children in suitable adoptive homes, | 10 |
| in
cases where restoration to the biological family is | 11 |
| not safe, possible or
appropriate;
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| (F) assuring safe and adequate care of children | 13 |
| away from their
homes, in cases where the child cannot | 14 |
| be returned home or cannot be placed
for adoption. At | 15 |
| the time of placement, the Department shall consider
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| concurrent planning,
as described in subsection (l-1) | 17 |
| of this Section so that permanency may
occur at the | 18 |
| earliest opportunity. Consideration should be given so | 19 |
| that if
reunification fails or is delayed, the | 20 |
| placement made is the best available
placement to | 21 |
| provide permanency for the child;
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| (G) (blank);
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| (H) (blank); and
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| (I) placing and maintaining children in facilities | 25 |
| that provide
separate living quarters for children | 26 |
| under the age of 18 and for children
18 years of age |
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| and older, unless a child 18 years of age is in the | 2 |
| last
year of high school education or vocational | 3 |
| training, in an approved
individual or group treatment | 4 |
| program, in a licensed shelter facility,
or secure | 5 |
| child care facility.
The Department is not required to | 6 |
| place or maintain children:
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| (i) who are in a foster home, or
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| (ii) who are persons with a developmental | 9 |
| disability, as defined in
the Mental
Health and | 10 |
| Developmental Disabilities Code, or
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| (iii) who are female children who are | 12 |
| pregnant, pregnant and
parenting or parenting, or
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| (iv) who are siblings, in facilities that | 14 |
| provide separate living quarters for children 18
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| years of age and older and for children under 18 | 16 |
| years of age.
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| (b) Nothing in this Section shall be construed to authorize | 18 |
| the
expenditure of public funds for the purpose of performing | 19 |
| abortions.
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| (c) The Department shall establish and maintain | 21 |
| tax-supported child
welfare services and extend and seek to | 22 |
| improve voluntary services
throughout the State, to the end | 23 |
| that services and care shall be available
on an equal basis | 24 |
| throughout the State to children requiring such services.
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| (d) The Director may authorize advance disbursements for | 26 |
| any new program
initiative to any agency contracting with the |
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| Department. As a
prerequisite for an advance disbursement, the | 2 |
| contractor must post a
surety bond in the amount of the advance | 3 |
| disbursement and have a
purchase of service contract approved | 4 |
| by the Department. The Department
may pay up to 2 months | 5 |
| operational expenses in advance. The amount of the
advance | 6 |
| disbursement shall be prorated over the life of the contract
or | 7 |
| the remaining months of the fiscal year, whichever is less, and | 8 |
| the
installment amount shall then be deducted from future | 9 |
| bills. Advance
disbursement authorizations for new initiatives | 10 |
| shall not be made to any
agency after that agency has operated | 11 |
| during 2 consecutive fiscal years.
The requirements of this | 12 |
| Section concerning advance disbursements shall
not apply with | 13 |
| respect to the following: payments to local public agencies
for | 14 |
| child day care services as authorized by Section 5a of this | 15 |
| Act; and
youth service programs receiving grant funds under | 16 |
| Section 17a-4.
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| (e) (Blank).
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| (f) (Blank).
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| (g) The Department shall establish rules and regulations | 20 |
| concerning
its operation of programs designed to meet the goals | 21 |
| of child safety and
protection,
family preservation, family | 22 |
| reunification, and adoption, including but not
limited to:
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| (1) adoption;
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| (2) foster care;
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| (3) family counseling;
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| (4) protective services;
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| (5) (blank);
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| (6) homemaker service;
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| (7) return of runaway children;
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| (8) (blank);
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| (9) placement under Section 5-7 of the Juvenile Court | 6 |
| Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | 7 |
| Court Act of 1987 in
accordance with the federal Adoption | 8 |
| Assistance and Child Welfare Act of
1980; and
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| (10) interstate services.
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| Rules and regulations established by the Department shall | 11 |
| include
provisions for training Department staff and the staff | 12 |
| of Department
grantees, through contracts with other agencies | 13 |
| or resources, in alcohol
and drug abuse screening techniques | 14 |
| approved by the Department of Human
Services, as a successor to | 15 |
| the Department of Alcoholism and Substance Abuse,
for the | 16 |
| purpose of identifying children and adults who
should be | 17 |
| referred to an alcohol and drug abuse treatment program for
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| professional evaluation.
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| (h) If the Department finds that there is no appropriate | 20 |
| program or
facility within or available to the Department for a | 21 |
| ward and that no
licensed private facility has an adequate and | 22 |
| appropriate program or none
agrees to accept the ward, the | 23 |
| Department shall create an appropriate
individualized, | 24 |
| program-oriented plan for such ward. The
plan may be developed | 25 |
| within the Department or through purchase of services
by the | 26 |
| Department to the extent that it is within its statutory |
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| authority
to do.
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| (i) Service programs shall be available throughout the | 3 |
| State and shall
include but not be limited to the following | 4 |
| services:
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| (1) case management;
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| (2) homemakers;
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| (3) counseling;
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| (4) parent education;
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| (5) day care; and
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| (6) emergency assistance and advocacy.
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| In addition, the following services may be made available | 12 |
| to assess and
meet the needs of children and families:
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| (1) comprehensive family-based services;
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| (2) assessments;
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| (3) respite care; and
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| (4) in-home health services.
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| The Department shall provide transportation for any of the | 18 |
| services it
makes available to children or families or for | 19 |
| which it refers children
or families.
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| (j) The Department may provide categories of financial | 21 |
| assistance and
education assistance grants, and shall
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| establish rules and regulations concerning the assistance and | 23 |
| grants, to
persons who
adopt physically or mentally | 24 |
| handicapped, older and other hard-to-place
children who (i) | 25 |
| immediately prior to their adoption were legal wards of
the | 26 |
| Department
or (ii) were determined eligible for financial |
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| assistance with respect to a
prior adoption and who become | 2 |
| available for adoption because the
prior adoption has been | 3 |
| dissolved and the parental rights of the adoptive
parents have | 4 |
| been
terminated or because the child's adoptive parents have | 5 |
| died.
The Department may continue to provide financial | 6 |
| assistance and education assistance grants for a child who was | 7 |
| determined eligible for financial assistance under this | 8 |
| subsection (j) in the interim period beginning when the child's | 9 |
| adoptive parents died and ending with the finalization of the | 10 |
| new adoption of the child by another adoptive parent or | 11 |
| parents. The Department may also provide categories of | 12 |
| financial
assistance and education assistance grants, and
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| shall establish rules and regulations for the assistance and | 14 |
| grants, to persons
appointed guardian of the person under | 15 |
| Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | 16 |
| 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | 17 |
| who were wards of the Department for 12 months immediately
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| prior to the appointment of the guardian.
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| The amount of assistance may vary, depending upon the needs | 20 |
| of the child
and the adoptive parents,
as set forth in the | 21 |
| annual
assistance agreement. Special purpose grants are | 22 |
| allowed where the child
requires special service but such costs | 23 |
| may not exceed the amounts
which similar services would cost | 24 |
| the Department if it were to provide or
secure them as guardian | 25 |
| of the child.
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| Any financial assistance provided under this subsection is
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| inalienable by assignment, sale, execution, attachment, | 2 |
| garnishment, or any
other remedy for recovery or collection of | 3 |
| a judgment or debt.
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| (j-5) The Department shall not deny or delay the placement | 5 |
| of a child for
adoption
if an approved family is available | 6 |
| either outside of the Department region
handling the case,
or | 7 |
| outside of the State of Illinois.
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| (k) The Department shall accept for care and training any | 9 |
| child who has
been adjudicated neglected or abused, or | 10 |
| dependent committed to it pursuant
to the Juvenile Court Act or | 11 |
| the Juvenile Court Act of 1987.
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| (l) Before July 1, 2000, the Department may provide, and | 13 |
| beginning
July 1, 2000, the Department shall
offer family | 14 |
| preservation services, as defined in Section 8.2 of the Abused
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| and
Neglected Child
Reporting Act, to help families, including | 16 |
| adoptive and extended families.
Family preservation
services | 17 |
| shall be offered (i) to prevent the
placement
of children in
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| substitute care when the children can be cared for at home or | 19 |
| in the custody of
the person
responsible for the children's | 20 |
| welfare,
(ii) to
reunite children with their families, or (iii) | 21 |
| to
maintain an adoptive placement. Family preservation | 22 |
| services shall only be
offered when doing so will not endanger | 23 |
| the children's health or safety. With
respect to children who | 24 |
| are in substitute care pursuant to the Juvenile Court
Act of | 25 |
| 1987, family preservation services shall not be offered if a | 26 |
| goal other
than those of subdivisions (A), (B), or (B-1) of |
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| subsection (2) of Section 2-28
of
that Act has been set.
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| Nothing in this paragraph shall be construed to create a | 3 |
| private right of
action or claim on the part of any individual | 4 |
| or child welfare agency.
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| The Department shall notify the child and his family of the
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| Department's
responsibility to offer and provide family | 7 |
| preservation services as
identified in the service plan. The | 8 |
| child and his family shall be eligible
for services as soon as | 9 |
| the report is determined to be "indicated". The
Department may | 10 |
| offer services to any child or family with respect to whom a
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| report of suspected child abuse or neglect has been filed, | 12 |
| prior to
concluding its investigation under Section 7.12 of the | 13 |
| Abused and Neglected
Child Reporting Act. However, the child's | 14 |
| or family's willingness to
accept services shall not be | 15 |
| considered in the investigation. The
Department may also | 16 |
| provide services to any child or family who is the
subject of | 17 |
| any report of suspected child abuse or neglect or may refer | 18 |
| such
child or family to services available from other agencies | 19 |
| in the community,
even if the report is determined to be | 20 |
| unfounded, if the conditions in the
child's or family's home | 21 |
| are reasonably likely to subject the child or
family to future | 22 |
| reports of suspected child abuse or neglect. Acceptance
of such | 23 |
| services shall be voluntary.
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| The Department may, at its discretion except for those | 25 |
| children also
adjudicated neglected or dependent, accept for | 26 |
| care and training any child
who has been adjudicated addicted, |
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| as a truant minor in need of
supervision or as a minor | 2 |
| requiring authoritative intervention, under the
Juvenile Court | 3 |
| Act or the Juvenile Court Act of 1987, but no such child
shall | 4 |
| be committed to the Department by any court without the | 5 |
| approval of
the Department. A minor charged with a criminal | 6 |
| offense under the Criminal
Code of 1961 or adjudicated | 7 |
| delinquent shall not be placed in the custody of or
committed | 8 |
| to the Department by any court, except (i) a minor less than 15 | 9 |
| years
of age committed to the Department under Section 5-710 of | 10 |
| the Juvenile Court
Act
of 1987 , (ii) or a minor for whom an | 11 |
| independent basis of abuse, neglect, or dependency exists, | 12 |
| which must be defined by departmental rule , or (iii) a minor | 13 |
| for whom the court has granted a supplemental petition to | 14 |
| reinstate wardship pursuant to subsection (2) of Section 2-33 | 15 |
| of the Juvenile Court Act of 1987 . An independent basis exists | 16 |
| when the allegations or adjudication of abuse, neglect, or | 17 |
| dependency do not arise from the same facts, incident, or | 18 |
| circumstances which give rise to a charge or adjudication of | 19 |
| delinquency.
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| (l-1) The legislature recognizes that the best interests of | 21 |
| the child
require that
the child be placed in the most | 22 |
| permanent living arrangement as soon as is
practically
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| possible. To achieve this goal, the legislature directs the | 24 |
| Department of
Children and
Family Services to conduct | 25 |
| concurrent planning so that permanency may occur at
the
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| earliest opportunity. Permanent living arrangements may |
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| include prevention of
placement of a child outside the home of | 2 |
| the family when the child can be cared
for at
home without | 3 |
| endangering the child's health or safety; reunification with | 4 |
| the
family,
when safe and appropriate, if temporary placement | 5 |
| is necessary; or movement of
the child
toward the most | 6 |
| permanent living arrangement and permanent legal status.
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| When determining reasonable efforts to be made with respect | 8 |
| to a child, as
described in this
subsection, and in making such | 9 |
| reasonable efforts, the child's health and
safety shall be the
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| paramount concern.
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| When a child is placed in foster care, the Department shall | 12 |
| ensure and
document that reasonable efforts were made to | 13 |
| prevent or eliminate the need to
remove the child from the | 14 |
| child's home. The Department must make
reasonable efforts to | 15 |
| reunify the family when temporary placement of the child
occurs
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| unless otherwise required, pursuant to the Juvenile Court Act | 17 |
| of 1987.
At any time after the dispositional hearing where the | 18 |
| Department believes
that further reunification services would | 19 |
| be ineffective, it may request a
finding from the court that | 20 |
| reasonable efforts are no longer appropriate. The
Department is | 21 |
| not required to provide further reunification services after | 22 |
| such
a
finding.
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| A decision to place a child in substitute care shall be | 24 |
| made with
considerations of the child's health, safety, and | 25 |
| best interests. At the
time of placement, consideration should | 26 |
| also be given so that if reunification
fails or is delayed, the |
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| placement made is the best available placement to
provide | 2 |
| permanency for the child.
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| The Department shall adopt rules addressing concurrent | 4 |
| planning for
reunification and permanency. The Department | 5 |
| shall consider the following
factors when determining | 6 |
| appropriateness of concurrent planning:
| 7 |
| (1) the likelihood of prompt reunification;
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| (2) the past history of the family;
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| (3) the barriers to reunification being addressed by | 10 |
| the family;
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| (4) the level of cooperation of the family;
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| (5) the foster parents' willingness to work with the | 13 |
| family to reunite;
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| (6) the willingness and ability of the foster family to | 15 |
| provide an
adoptive
home or long-term placement;
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| (7) the age of the child;
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| (8) placement of siblings.
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| (m) The Department may assume temporary custody of any | 19 |
| child if:
| 20 |
| (1) it has received a written consent to such temporary | 21 |
| custody
signed by the parents of the child or by the parent | 22 |
| having custody of the
child if the parents are not living | 23 |
| together or by the guardian or
custodian of the child if | 24 |
| the child is not in the custody of either
parent, or
| 25 |
| (2) the child is found in the State and neither a | 26 |
| parent,
guardian nor custodian of the child can be located.
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| If the child is found in his or her residence without a parent, | 2 |
| guardian,
custodian or responsible caretaker, the Department | 3 |
| may, instead of removing
the child and assuming temporary | 4 |
| custody, place an authorized
representative of the Department | 5 |
| in that residence until such time as a
parent, guardian or | 6 |
| custodian enters the home and expresses a willingness
and | 7 |
| apparent ability to ensure the child's health and safety and | 8 |
| resume
permanent
charge of the child, or until a
relative | 9 |
| enters the home and is willing and able to ensure the child's | 10 |
| health
and
safety and assume charge of the
child until a | 11 |
| parent, guardian or custodian enters the home and expresses
| 12 |
| such willingness and ability to ensure the child's safety and | 13 |
| resume
permanent charge. After a caretaker has remained in the | 14 |
| home for a period not
to exceed 12 hours, the Department must | 15 |
| follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | 16 |
| 5-415 of the Juvenile Court Act
of 1987.
| 17 |
| The Department shall have the authority, responsibilities | 18 |
| and duties that
a legal custodian of the child would have | 19 |
| pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | 20 |
| Act of 1987. Whenever a child is taken
into temporary custody | 21 |
| pursuant to an investigation under the Abused and
Neglected | 22 |
| Child Reporting Act, or pursuant to a referral and acceptance
| 23 |
| under the Juvenile Court Act of 1987 of a minor in limited | 24 |
| custody, the
Department, during the period of temporary custody | 25 |
| and before the child
is brought before a judicial officer as | 26 |
| required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile |
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| Court Act of 1987, shall have
the authority, responsibilities | 2 |
| and duties that a legal custodian of the child
would have under | 3 |
| subsection (9) of Section 1-3 of the Juvenile Court Act of
| 4 |
| 1987.
| 5 |
| The Department shall ensure that any child taken into | 6 |
| custody
is scheduled for an appointment for a medical | 7 |
| examination.
| 8 |
| A parent, guardian or custodian of a child in the temporary | 9 |
| custody of the
Department who would have custody of the child | 10 |
| if he were not in the
temporary custody of the Department may | 11 |
| deliver to the Department a signed
request that the Department | 12 |
| surrender the temporary custody of the child.
The Department | 13 |
| may retain temporary custody of the child for 10 days after
the | 14 |
| receipt of the request, during which period the Department may | 15 |
| cause to
be filed a petition pursuant to the Juvenile Court Act | 16 |
| of 1987. If a
petition is so filed, the Department shall retain | 17 |
| temporary custody of the
child until the court orders | 18 |
| otherwise. If a petition is not filed within
the 10 day period, | 19 |
| the child shall be surrendered to the custody of the
requesting | 20 |
| parent, guardian or custodian not later than the expiration of
| 21 |
| the 10 day period, at which time the authority and duties of | 22 |
| the Department
with respect to the temporary custody of the | 23 |
| child shall terminate.
| 24 |
| (m-1) The Department may place children under 18 years of | 25 |
| age in a secure
child care facility licensed by the Department | 26 |
| that cares for children who are
in need of secure living |
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| arrangements for their health, safety, and well-being
after a | 2 |
| determination is made by the facility director and the Director | 3 |
| or the
Director's designate prior to admission to the facility | 4 |
| subject to Section
2-27.1 of the Juvenile Court Act of 1987. | 5 |
| This subsection (m-1) does not apply
to a child who is subject | 6 |
| to placement in a correctional facility operated
pursuant to | 7 |
| Section 3-15-2 of the Unified Code of Corrections, unless the
| 8 |
| child is a ward who was placed under the care of the Department | 9 |
| before being
subject to placement in a correctional facility | 10 |
| and a court of competent
jurisdiction has ordered placement of | 11 |
| the child in a secure care facility.
| 12 |
| (n) The Department may place children under 18 years of age | 13 |
| in
licensed child care facilities when in the opinion of the | 14 |
| Department,
appropriate services aimed at family preservation | 15 |
| have been unsuccessful and
cannot ensure the child's health and | 16 |
| safety or are unavailable and such
placement would be for their | 17 |
| best interest. Payment
for board, clothing, care, training and | 18 |
| supervision of any child placed in
a licensed child care | 19 |
| facility may be made by the Department, by the
parents or | 20 |
| guardians of the estates of those children, or by both the
| 21 |
| Department and the parents or guardians, except that no | 22 |
| payments shall be
made by the Department for any child placed | 23 |
| in a licensed child care
facility for board, clothing, care, | 24 |
| training and supervision of such a
child that exceed the | 25 |
| average per capita cost of maintaining and of caring
for a | 26 |
| child in institutions for dependent or neglected children |
|
|
|
HB4054 Enrolled |
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LRB096 10101 RLC 20267 b |
|
| 1 |
| operated by
the Department. However, such restriction on | 2 |
| payments does not apply in
cases where children require | 3 |
| specialized care and treatment for problems of
severe emotional | 4 |
| disturbance, physical disability, social adjustment, or
any | 5 |
| combination thereof and suitable facilities for the placement | 6 |
| of such
children are not available at payment rates within the | 7 |
| limitations set
forth in this Section. All reimbursements for | 8 |
| services delivered shall be
absolutely inalienable by | 9 |
| assignment, sale, attachment, garnishment or
otherwise.
| 10 |
| (n-1) The Department shall provide or authorize child | 11 |
| welfare services, aimed at assisting minors to achieve | 12 |
| sustainable self-sufficiency as independent adults, for any | 13 |
| minor eligible for the reinstatement of wardship pursuant to | 14 |
| subsection (2) of Section 2-33 of the Juvenile Court Act of | 15 |
| 1987, whether or not such reinstatement is sought or allowed, | 16 |
| provided that the minor consents to such services and has not | 17 |
| yet attained the age of 21. The Department shall have | 18 |
| responsibility for the development and delivery of services | 19 |
| under this Section. An eligible youth may access services under | 20 |
| this Section through the Department of Children and Family | 21 |
| Services or by referral from the Department of Human Services. | 22 |
| Youth participating in services under this Section shall | 23 |
| cooperate with the assigned case manager in developing an | 24 |
| agreement identifying the services to be provided and how the | 25 |
| youth will increase skills to achieve self-sufficiency. A | 26 |
| homeless shelter is not considered appropriate housing for any |
|
|
|
HB4054 Enrolled |
- 19 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| youth receiving child welfare services under this Section. The | 2 |
| Department shall continue child welfare services under this | 3 |
| Section to any eligible minor until the minor becomes 21 years | 4 |
| of age, no longer consents to participate, or achieves | 5 |
| self-sufficiency as identified in the minor's service plan. The | 6 |
| Department of Children and Family Services shall create clear, | 7 |
| readable notice of the rights of former foster youth to child | 8 |
| welfare services under this Section and how such services may | 9 |
| be obtained. The Department of Children and Family Services and | 10 |
| the Department of Human Services shall disseminate this | 11 |
| information statewide. The Department shall adopt regulations | 12 |
| describing services intended to assist minors in achieving | 13 |
| sustainable self-sufficiency as independent adults. | 14 |
| (o) The Department shall establish an administrative | 15 |
| review and appeal
process for children and families who request | 16 |
| or receive child welfare
services from the Department. Children | 17 |
| who are wards of the Department and
are placed by private child | 18 |
| welfare agencies, and foster families with whom
those children | 19 |
| are placed, shall be afforded the same procedural and appeal
| 20 |
| rights as children and families in the case of placement by the | 21 |
| Department,
including the right to an initial review of a | 22 |
| private agency decision by
that agency. The Department shall | 23 |
| insure that any private child welfare
agency, which accepts | 24 |
| wards of the Department for placement, affords those
rights to | 25 |
| children and foster families. The Department shall accept for
| 26 |
| administrative review and an appeal hearing a complaint made by |
|
|
|
HB4054 Enrolled |
- 20 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| (i) a child
or foster family concerning a decision following an | 2 |
| initial review by a
private child welfare agency or (ii) a | 3 |
| prospective adoptive parent who alleges
a violation of | 4 |
| subsection (j-5) of this Section. An appeal of a decision
| 5 |
| concerning a change in the placement of a child shall be | 6 |
| conducted in an
expedited manner.
| 7 |
| (p) There is hereby created the Department of Children and | 8 |
| Family
Services Emergency Assistance Fund from which the | 9 |
| Department may provide
special financial assistance to | 10 |
| families which are in economic crisis when
such assistance is | 11 |
| not available through other public or private sources
and the | 12 |
| assistance is deemed necessary to prevent dissolution of the | 13 |
| family
unit or to reunite families which have been separated | 14 |
| due to child abuse and
neglect. The Department shall establish | 15 |
| administrative rules specifying
the criteria for determining | 16 |
| eligibility for and the amount and nature of
assistance to be | 17 |
| provided. The Department may also enter into written
agreements | 18 |
| with private and public social service agencies to provide
| 19 |
| emergency financial services to families referred by the | 20 |
| Department.
Special financial assistance payments shall be | 21 |
| available to a family no
more than once during each fiscal year | 22 |
| and the total payments to a
family may not exceed $500 during a | 23 |
| fiscal year.
| 24 |
| (q) The Department may receive and use, in their entirety, | 25 |
| for the
benefit of children any gift, donation or bequest of | 26 |
| money or other
property which is received on behalf of such |
|
|
|
HB4054 Enrolled |
- 21 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| children, or any financial
benefits to which such children are | 2 |
| or may become entitled while under
the jurisdiction or care of | 3 |
| the Department.
| 4 |
| The Department shall set up and administer no-cost, | 5 |
| interest-bearing accounts in appropriate financial | 6 |
| institutions
for children for whom the Department is legally | 7 |
| responsible and who have been
determined eligible for Veterans' | 8 |
| Benefits, Social Security benefits,
assistance allotments from | 9 |
| the armed forces, court ordered payments, parental
voluntary | 10 |
| payments, Supplemental Security Income, Railroad Retirement
| 11 |
| payments, Black Lung benefits, or other miscellaneous | 12 |
| payments. Interest
earned by each account shall be credited to | 13 |
| the account, unless
disbursed in accordance with this | 14 |
| subsection.
| 15 |
| In disbursing funds from children's accounts, the | 16 |
| Department
shall:
| 17 |
| (1) Establish standards in accordance with State and | 18 |
| federal laws for
disbursing money from children's | 19 |
| accounts. In all
circumstances,
the Department's | 20 |
| "Guardianship Administrator" or his or her designee must
| 21 |
| approve disbursements from children's accounts. The | 22 |
| Department
shall be responsible for keeping complete | 23 |
| records of all disbursements for each account for any | 24 |
| purpose.
| 25 |
| (2) Calculate on a monthly basis the amounts paid from | 26 |
| State funds for the
child's board and care, medical care |
|
|
|
HB4054 Enrolled |
- 22 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| not covered under Medicaid, and social
services; and | 2 |
| utilize funds from the child's account, as
covered by | 3 |
| regulation, to reimburse those costs. Monthly, | 4 |
| disbursements from
all children's accounts, up to 1/12 of | 5 |
| $13,000,000, shall be
deposited by the Department into the | 6 |
| General Revenue Fund and the balance over
1/12 of | 7 |
| $13,000,000 into the DCFS Children's Services Fund.
| 8 |
| (3) Maintain any balance remaining after reimbursing | 9 |
| for the child's costs
of care, as specified in item (2). | 10 |
| The balance shall accumulate in accordance
with relevant | 11 |
| State and federal laws and shall be disbursed to the child | 12 |
| or his
or her guardian, or to the issuing agency.
| 13 |
| (r) The Department shall promulgate regulations | 14 |
| encouraging all adoption
agencies to voluntarily forward to the | 15 |
| Department or its agent names and
addresses of all persons who | 16 |
| have applied for and have been approved for
adoption of a | 17 |
| hard-to-place or handicapped child and the names of such
| 18 |
| children who have not been placed for adoption. A list of such | 19 |
| names and
addresses shall be maintained by the Department or | 20 |
| its agent, and coded
lists which maintain the confidentiality | 21 |
| of the person seeking to adopt the
child and of the child shall | 22 |
| be made available, without charge, to every
adoption agency in | 23 |
| the State to assist the agencies in placing such
children for | 24 |
| adoption. The Department may delegate to an agent its duty to
| 25 |
| maintain and make available such lists. The Department shall | 26 |
| ensure that
such agent maintains the confidentiality of the |
|
|
|
HB4054 Enrolled |
- 23 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| person seeking to adopt the
child and of the child.
| 2 |
| (s) The Department of Children and Family Services may | 3 |
| establish and
implement a program to reimburse Department and | 4 |
| private child welfare
agency foster parents licensed by the | 5 |
| Department of Children and Family
Services for damages | 6 |
| sustained by the foster parents as a result of the
malicious or | 7 |
| negligent acts of foster children, as well as providing third
| 8 |
| party coverage for such foster parents with regard to actions | 9 |
| of foster
children to other individuals. Such coverage will be | 10 |
| secondary to the
foster parent liability insurance policy, if | 11 |
| applicable. The program shall
be funded through appropriations | 12 |
| from the General Revenue Fund,
specifically designated for such | 13 |
| purposes.
| 14 |
| (t) The Department shall perform home studies and | 15 |
| investigations and
shall exercise supervision over visitation | 16 |
| as ordered by a court pursuant
to the Illinois Marriage and | 17 |
| Dissolution of Marriage Act or the Adoption
Act only if:
| 18 |
| (1) an order entered by an Illinois court specifically
| 19 |
| directs the Department to perform such services; and
| 20 |
| (2) the court has ordered one or both of the parties to
| 21 |
| the proceeding to reimburse the Department for its | 22 |
| reasonable costs for
providing such services in accordance | 23 |
| with Department rules, or has
determined that neither party | 24 |
| is financially able to pay.
| 25 |
| The Department shall provide written notification to the | 26 |
| court of the
specific arrangements for supervised visitation |
|
|
|
HB4054 Enrolled |
- 24 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| and projected monthly costs
within 60 days of the court order. | 2 |
| The Department shall send to the court
information related to | 3 |
| the costs incurred except in cases where the court
has | 4 |
| determined the parties are financially unable to pay. The court | 5 |
| may
order additional periodic reports as appropriate.
| 6 |
| (u) In addition to other information that must be provided, | 7 |
| whenever the Department places a child with a prospective | 8 |
| adoptive parent or parents or in a licensed foster home,
group | 9 |
| home, child care institution, or in a relative home, the | 10 |
| Department
shall provide to the prospective adoptive parent or | 11 |
| parents or other caretaker:
| 12 |
| (1) available detailed information concerning the | 13 |
| child's educational
and health history, copies of | 14 |
| immunization records (including insurance
and medical card | 15 |
| information), a history of the child's previous | 16 |
| placements,
if any, and reasons for placement changes | 17 |
| excluding any information that
identifies or reveals the | 18 |
| location of any previous caretaker;
| 19 |
| (2) a copy of the child's portion of the client service | 20 |
| plan, including
any visitation arrangement, and all | 21 |
| amendments or revisions to it as
related to the child; and
| 22 |
| (3) information containing details of the child's | 23 |
| individualized
educational plan when the child is | 24 |
| receiving special education services.
| 25 |
| The caretaker shall be informed of any known social or | 26 |
| behavioral
information (including, but not limited to, |
|
|
|
HB4054 Enrolled |
- 25 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| criminal background, fire
setting, perpetuation of
sexual | 2 |
| abuse, destructive behavior, and substance abuse) necessary to | 3 |
| care
for and safeguard the children to be placed or currently | 4 |
| in the home. The Department may prepare a written summary of | 5 |
| the information required by this paragraph, which may be | 6 |
| provided to the foster or prospective adoptive parent in | 7 |
| advance of a placement. The foster or prospective adoptive | 8 |
| parent may review the supporting documents in the child's file | 9 |
| in the presence of casework staff. In the case of an emergency | 10 |
| placement, casework staff shall at least provide known | 11 |
| information verbally, if necessary, and must subsequently | 12 |
| provide the information in writing as required by this | 13 |
| subsection.
| 14 |
| The information described in this subsection shall be | 15 |
| provided in writing. In the case of emergency placements when | 16 |
| time does not allow prior review, preparation, and collection | 17 |
| of written information, the Department shall provide such | 18 |
| information as it becomes available. Within 10 business days | 19 |
| after placement, the Department shall obtain from the | 20 |
| prospective adoptive parent or parents or other caretaker a | 21 |
| signed verification of receipt of the information provided. | 22 |
| Within 10 business days after placement, the Department shall | 23 |
| provide to the child's guardian ad litem a copy of the | 24 |
| information provided to the prospective adoptive parent or | 25 |
| parents or other caretaker. The information provided to the | 26 |
| prospective adoptive parent or parents or other caretaker shall |
|
|
|
HB4054 Enrolled |
- 26 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| be reviewed and approved regarding accuracy at the supervisory | 2 |
| level.
| 3 |
| (u-5) Effective July 1, 1995, only foster care placements | 4 |
| licensed as
foster family homes pursuant to the Child Care Act | 5 |
| of 1969 shall be eligible to
receive foster care payments from | 6 |
| the Department.
Relative caregivers who, as of July 1, 1995, | 7 |
| were approved pursuant to approved
relative placement rules | 8 |
| previously promulgated by the Department at 89 Ill.
Adm. Code | 9 |
| 335 and had submitted an application for licensure as a foster | 10 |
| family
home may continue to receive foster care payments only | 11 |
| until the Department
determines that they may be licensed as a | 12 |
| foster family home or that their
application for licensure is | 13 |
| denied or until September 30, 1995, whichever
occurs first.
| 14 |
| (v) The Department shall access criminal history record | 15 |
| information
as defined in the Illinois Uniform Conviction | 16 |
| Information Act and information
maintained in the adjudicatory | 17 |
| and dispositional record system as defined in
Section 2605-355 | 18 |
| of the
Department of State Police Law (20 ILCS 2605/2605-355)
| 19 |
| if the Department determines the information is necessary to | 20 |
| perform its duties
under the Abused and Neglected Child | 21 |
| Reporting Act, the Child Care Act of 1969,
and the Children and | 22 |
| Family Services Act. The Department shall provide for
| 23 |
| interactive computerized communication and processing | 24 |
| equipment that permits
direct on-line communication with the | 25 |
| Department of State Police's central
criminal history data | 26 |
| repository. The Department shall comply with all
certification |
|
|
|
HB4054 Enrolled |
- 27 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| requirements and provide certified operators who have been
| 2 |
| trained by personnel from the Department of State Police. In | 3 |
| addition, one
Office of the Inspector General investigator | 4 |
| shall have training in the use of
the criminal history | 5 |
| information access system and have
access to the terminal. The | 6 |
| Department of Children and Family Services and its
employees | 7 |
| shall abide by rules and regulations established by the | 8 |
| Department of
State Police relating to the access and | 9 |
| dissemination of
this information.
| 10 |
| (v-1) Prior to final approval for placement of a child, the | 11 |
| Department shall conduct a criminal records background check of | 12 |
| the prospective foster or adoptive parent, including | 13 |
| fingerprint-based checks of national crime information | 14 |
| databases. Final approval for placement shall not be granted if | 15 |
| the record check reveals a felony conviction for child abuse or | 16 |
| neglect, for spousal abuse, for a crime against children, or | 17 |
| for a crime involving violence, including rape, sexual assault, | 18 |
| or homicide, but not including other physical assault or | 19 |
| battery, or if there is a felony conviction for physical | 20 |
| assault, battery, or a drug-related offense committed within | 21 |
| the past 5 years. | 22 |
| (v-2) Prior to final approval for placement of a child, the | 23 |
| Department shall check its child abuse and neglect registry for | 24 |
| information concerning prospective foster and adoptive | 25 |
| parents, and any adult living in the home. If any prospective | 26 |
| foster or adoptive parent or other adult living in the home has |
|
|
|
HB4054 Enrolled |
- 28 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| resided in another state in the preceding 5 years, the | 2 |
| Department shall request a check of that other state's child | 3 |
| abuse and neglect registry.
| 4 |
| (w) Within 120 days of August 20, 1995 (the effective date | 5 |
| of Public Act
89-392), the Department shall prepare and submit | 6 |
| to the Governor and the
General Assembly, a written plan for | 7 |
| the development of in-state licensed
secure child care | 8 |
| facilities that care for children who are in need of secure
| 9 |
| living
arrangements for their health, safety, and well-being. | 10 |
| For purposes of this
subsection, secure care facility shall | 11 |
| mean a facility that is designed and
operated to ensure that | 12 |
| all entrances and exits from the facility, a building
or a | 13 |
| distinct part of the building, are under the exclusive control | 14 |
| of the
staff of the facility, whether or not the child has the | 15 |
| freedom of movement
within the perimeter of the facility, | 16 |
| building, or distinct part of the
building. The plan shall | 17 |
| include descriptions of the types of facilities that
are needed | 18 |
| in Illinois; the cost of developing these secure care | 19 |
| facilities;
the estimated number of placements; the potential | 20 |
| cost savings resulting from
the movement of children currently | 21 |
| out-of-state who are projected to be
returned to Illinois; the | 22 |
| necessary geographic distribution of these
facilities in | 23 |
| Illinois; and a proposed timetable for development of such
| 24 |
| facilities. | 25 |
| (Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06; | 26 |
| 95-10, eff. 6-30-07; 95-601, eff. 9-11-07; 95-642, eff. 6-1-08; |
|
|
|
HB4054 Enrolled |
- 29 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| 95-876, eff. 8-21-08.) | 2 |
| Section 15. The Juvenile Court Act of 1987 is amended by | 3 |
| changing Sections 2-23, 2-27, 2-31, and 2-33 as follows:
| 4 |
| (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| 5 |
| Sec. 2-23. Kinds of dispositional orders.
| 6 |
| (1) The following kinds of orders of disposition may be | 7 |
| made in respect of
wards of the court:
| 8 |
| (a) A minor under 18 years of age found to be neglected | 9 |
| or abused under
Section 2-3 or dependent under Section 2-4 | 10 |
| may be (1) continued in the
custody of his or her parents,
| 11 |
| guardian or legal custodian; (2) placed in accordance with | 12 |
| Section 2-27;
(3) restored to the custody of the parent, | 13 |
| parents, guardian, or legal
custodian, provided the court | 14 |
| shall order the parent, parents, guardian, or
legal | 15 |
| custodian to cooperate with the Department of Children and | 16 |
| Family
Services and comply with the terms of an after-care | 17 |
| plan or risk the loss of
custody of the child and the | 18 |
| possible termination of their parental rights;
or
(4) | 19 |
| ordered partially or completely emancipated in accordance | 20 |
| with
the provisions of the Emancipation of Minors Act.
| 21 |
| However, in any case in which a minor is found by the | 22 |
| court to be
neglected or abused under Section 2-3 of this | 23 |
| Act, custody of the minor
shall not be restored to any | 24 |
| parent, guardian or legal custodian whose acts
or omissions |
|
|
|
HB4054 Enrolled |
- 30 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| or both have been identified, pursuant to subsection (1) of
| 2 |
| Section 2-21, as forming the basis for the court's finding | 3 |
| of abuse or
neglect, until such time
as a
hearing is held | 4 |
| on the issue of the best interests of the minor and the | 5 |
| fitness
of such parent, guardian or legal custodian to care | 6 |
| for the minor without
endangering the minor's health or | 7 |
| safety, and the court
enters an order that such parent, | 8 |
| guardian or legal custodian is fit to care
for the minor.
| 9 |
| (b) A minor under 18 years of age found to be dependent | 10 |
| under
Section 2-4 may be (1) placed in accordance with | 11 |
| Section 2-27 or (2)
ordered partially or completely | 12 |
| emancipated in accordance with the
provisions of the | 13 |
| Emancipation of Minors Act.
| 14 |
| However, in any case in which a minor is found by the | 15 |
| court to be
dependent under Section 2-4 of this Act, | 16 |
| custody of the minor shall not be
restored to
any parent, | 17 |
| guardian or legal custodian whose acts or omissions or both | 18 |
| have
been identified, pursuant to subsection (1) of Section | 19 |
| 2-21, as forming the
basis for the court's finding of | 20 |
| dependency, until such
time as a hearing is
held on the | 21 |
| issue of the fitness of such parent, guardian or legal
| 22 |
| custodian to care for the minor without endangering the | 23 |
| minor's health or
safety, and the court enters an order | 24 |
| that such
parent, guardian or legal custodian is fit to | 25 |
| care for the minor.
| 26 |
| (b-1) A minor between the ages of 18 and 21 may be |
|
|
|
HB4054 Enrolled |
- 31 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| placed pursuant to Section 2-27 of this Act if (1) the | 2 |
| court has granted a supplemental petition to reinstate | 3 |
| wardship of the minor pursuant to subsection (2) of Section | 4 |
| 2-33, or (2) the court has adjudicated the minor a ward of | 5 |
| the court, permitted the minor to return home under an | 6 |
| order of protection, and subsequently made a finding that | 7 |
| it is in the minor's best interest to vacate the order of | 8 |
| protection and commit the minor to the Department of | 9 |
| Children and Family Services for care and service.
| 10 |
| (c) When the court awards guardianship to the | 11 |
| Department of Children and
Family Services, the court shall | 12 |
| order the parents to cooperate with the
Department of | 13 |
| Children and Family Services, comply with the terms of the
| 14 |
| service plans, and correct the conditions that require the | 15 |
| child to be in care,
or risk termination of their parental | 16 |
| rights.
| 17 |
| (2) Any order of disposition may provide for protective | 18 |
| supervision
under Section 2-24 and may include an order of | 19 |
| protection under Section 2-25.
| 20 |
| Unless the order of disposition expressly so provides, it | 21 |
| does
not operate to close proceedings on the pending petition, | 22 |
| but is subject
to modification, not inconsistent with Section | 23 |
| 2-28, until final closing and discharge of the proceedings | 24 |
| under
Section 2-31.
| 25 |
| (3) The court also shall enter any other orders necessary | 26 |
| to fulfill the
service plan, including, but not limited to, (i) |
|
|
|
HB4054 Enrolled |
- 32 - |
LRB096 10101 RLC 20267 b |
|
| 1 |
| orders requiring parties to
cooperate with services, (ii) | 2 |
| restraining orders controlling the conduct of any
party likely | 3 |
| to frustrate the achievement of the goal, and (iii) visiting
| 4 |
| orders. Unless otherwise specifically authorized by law, the | 5 |
| court is not
empowered under this subsection (3) to order | 6 |
| specific placements, specific
services, or specific service
| 7 |
| providers to be included in the plan. If the court concludes | 8 |
| that the
Department of Children
and Family Services has abused | 9 |
| its discretion in setting the current service
plan or | 10 |
| permanency goal for the minor, the court shall enter specific
| 11 |
| findings in writing based on the evidence and shall enter an | 12 |
| order for the
Department to develop and implement a new | 13 |
| permanency goal and service plan
consistent with the court's | 14 |
| findings. The new service plan shall be filed with
the court | 15 |
| and served on all parties. The court shall continue
the matter | 16 |
| until the new service plan is filed.
| 17 |
| (4) In addition to any other order of disposition, the | 18 |
| court may order
any minor adjudicated neglected with respect to | 19 |
| his or her own injurious
behavior to make restitution, in | 20 |
| monetary or non-monetary form, under the
terms and conditions | 21 |
| of Section 5-5-6 of the Unified Code of Corrections,
except | 22 |
| that the "presentence hearing" referred to therein shall be the
| 23 |
| dispositional hearing for purposes of this Section. The parent, | 24 |
| guardian
or legal custodian of the minor may pay some or all of | 25 |
| such restitution on
the minor's behalf.
| 26 |
| (5) Any order for disposition where the minor is committed |
|
|
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HB4054 Enrolled |
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LRB096 10101 RLC 20267 b |
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| or placed in
accordance with Section 2-27 shall provide for the | 2 |
| parents or guardian of
the estate of such minor to pay to the | 3 |
| legal custodian or guardian of the
person of the minor such | 4 |
| sums as are determined by the custodian or guardian
of the | 5 |
| person of the minor as necessary for the minor's needs. Such | 6 |
| payments
may not exceed the maximum amounts provided for by | 7 |
| Section 9.1 of the
Children and Family Services Act.
| 8 |
| (6) Whenever the order of disposition requires the minor to | 9 |
| attend
school or participate in a program of training, the | 10 |
| truant officer or
designated school official shall regularly | 11 |
| report to the court if the minor
is a chronic or habitual | 12 |
| truant under Section 26-2a of the School Code.
| 13 |
| (7) The court may terminate the parental rights of a parent | 14 |
| at the initial
dispositional hearing if all of the conditions | 15 |
| in subsection (5) of Section
2-21 are met.
| 16 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 17 |
| (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
| 18 |
| Sec. 2-27. Placement; legal custody or guardianship.
| 19 |
| (1) If the court determines and puts in writing the factual | 20 |
| basis supporting
the determination of whether the parents, | 21 |
| guardian, or legal custodian of a
minor adjudged a ward of the | 22 |
| court are unfit or are unable, for some reason
other than | 23 |
| financial circumstances alone, to care for, protect, train or
| 24 |
| discipline the minor or are unwilling to do so, and that the
| 25 |
| health, safety, and best
interest of the minor will be |
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HB4054 Enrolled |
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LRB096 10101 RLC 20267 b |
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| jeopardized if the minor remains in the custody
of his or her | 2 |
| parents, guardian or
custodian, the court may at this hearing | 3 |
| and at any later point:
| 4 |
| (a) place the minor in the custody of a suitable | 5 |
| relative or other person
as
legal custodian or guardian;
| 6 |
| (a-5) with the approval of the Department of Children | 7 |
| and Family
Services, place the minor in the subsidized | 8 |
| guardianship of a suitable relative
or
other person as | 9 |
| legal guardian; "subsidized guardianship" means a private
| 10 |
| guardianship arrangement for children for whom the | 11 |
| permanency goals of return
home and adoption have been | 12 |
| ruled out and who meet the qualifications for
subsidized | 13 |
| guardianship as defined by the Department of Children and | 14 |
| Family
Services in administrative rules;
| 15 |
| (b) place the minor under the guardianship of a | 16 |
| probation officer;
| 17 |
| (c) commit the minor to an agency for care or | 18 |
| placement, except an
institution under the authority of the | 19 |
| Department of Corrections or of
the Department of Children | 20 |
| and Family Services;
| 21 |
| (d) commit the minor to the Department of Children and | 22 |
| Family Services for
care and service; however, a minor | 23 |
| charged with a criminal offense under the
Criminal Code of | 24 |
| 1961 or adjudicated delinquent shall not be placed in the
| 25 |
| custody of or committed to the Department of Children and | 26 |
| Family Services by
any court, except (i) a minor less than |
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HB4054 Enrolled |
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LRB096 10101 RLC 20267 b |
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| 15 years of age and committed to the
Department of Children | 2 |
| and Family Services under Section 5-710 of this Act , (ii) | 3 |
| or a minor for whom an independent basis of abuse, neglect, | 4 |
| or dependency exists , or (iii) a minor for whom the court | 5 |
| has granted a supplemental petition to reinstate wardship | 6 |
| pursuant to subsection (2) of Section 2-33 of this Act . An | 7 |
| independent basis exists when the allegations or | 8 |
| adjudication of abuse, neglect, or dependency do not arise | 9 |
| from the same facts, incident, or circumstances which give | 10 |
| rise to a charge or adjudication of delinquency. The
| 11 |
| Department shall be given due notice of the pendency of the | 12 |
| action and the
Guardianship Administrator of the | 13 |
| Department of Children and Family Services
shall be | 14 |
| appointed guardian of the person of the minor. Whenever the | 15 |
| Department
seeks to discharge a minor from its care and | 16 |
| service, the Guardianship
Administrator shall petition the | 17 |
| court for an
order terminating guardianship. The | 18 |
| Guardianship Administrator may
designate one or more other | 19 |
| officers of the Department, appointed as
Department | 20 |
| officers by administrative order of the Department | 21 |
| Director,
authorized to affix the signature of the | 22 |
| Guardianship Administrator to
documents affecting the | 23 |
| guardian-ward relationship of children for whom
he or she | 24 |
| has been appointed guardian at such times as he or she is | 25 |
| unable to
perform
the duties of his or her office. The | 26 |
| signature authorization shall include but
not be limited to |
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HB4054 Enrolled |
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LRB096 10101 RLC 20267 b |
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| matters of consent of marriage, enlistment in the
armed | 2 |
| forces, legal proceedings, adoption, major medical and | 3 |
| surgical
treatment and application for driver's license. | 4 |
| Signature authorizations
made pursuant to the provisions | 5 |
| of this paragraph shall be filed with
the Secretary of | 6 |
| State and the Secretary of State shall provide upon
payment | 7 |
| of the customary fee, certified copies of the authorization | 8 |
| to
any court or individual who requests a copy.
| 9 |
| (1.5) In making a determination under this Section, the | 10 |
| court shall also
consider
whether, based on health, safety, and | 11 |
| the best interests of the minor,
| 12 |
| (a) appropriate services aimed
at family preservation | 13 |
| and family reunification have been unsuccessful in
| 14 |
| rectifying the conditions that have led to a finding of | 15 |
| unfitness or inability
to care for, protect, train, or | 16 |
| discipline the minor, or
| 17 |
| (b) no family preservation or family reunification
| 18 |
| services would be appropriate,
| 19 |
| and if the petition or amended petition
contained an allegation | 20 |
| that the
parent is an unfit
person as defined in subdivision | 21 |
| (D) of Section 1 of the Adoption Act, and the
order of
| 22 |
| adjudication
recites that parental unfitness was established | 23 |
| by clear and convincing
evidence, the court
shall, when | 24 |
| appropriate and in the best interest of the minor, enter an
| 25 |
| order terminating parental rights and
appointing a guardian | 26 |
| with
power to
consent to adoption in accordance with Section |
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LRB096 10101 RLC 20267 b |
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| 2-29.
| 2 |
| When making a placement, the court, wherever possible, | 3 |
| shall
require the Department of Children and Family Services to | 4 |
| select a person
holding the same religious belief as that of | 5 |
| the minor or a private agency
controlled by persons of like | 6 |
| religious faith of the minor and shall require
the Department | 7 |
| to otherwise comply with Section 7 of the Children and Family
| 8 |
| Services Act in placing the child. In addition, whenever | 9 |
| alternative plans for
placement are available, the court shall | 10 |
| ascertain and consider, to the extent
appropriate in the | 11 |
| particular case, the views and preferences of the minor.
| 12 |
| (2) When a minor is placed with a suitable relative or | 13 |
| other
person pursuant to item (a) of subsection (1),
the court | 14 |
| shall appoint him or her the legal custodian or guardian of the
| 15 |
| person of the minor. When a minor is committed to any agency, | 16 |
| the court
shall appoint the proper officer or representative | 17 |
| thereof as legal
custodian or guardian of the person of the | 18 |
| minor. Legal custodians and
guardians of the person of the | 19 |
| minor have the respective rights and duties set
forth in | 20 |
| subsection (9) of Section 1-3 except as otherwise provided by | 21 |
| order
of court; but no guardian of the person may consent to | 22 |
| adoption of the
minor unless that authority is conferred upon | 23 |
| him or her in accordance with
Section 2-29. An agency whose | 24 |
| representative is appointed guardian of the
person or legal | 25 |
| custodian of the minor may place the minor in any child care
| 26 |
| facility, but the facility must be licensed under the Child |
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HB4054 Enrolled |
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LRB096 10101 RLC 20267 b |
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| Care Act of
1969 or have been approved by the Department of | 2 |
| Children and Family Services
as meeting the standards | 3 |
| established for such licensing. No agency may
place a minor | 4 |
| adjudicated under Sections 2-3 or 2-4 in a child care facility
| 5 |
| unless the placement is in compliance with the rules and | 6 |
| regulations
for placement under this Section promulgated by the | 7 |
| Department of Children
and Family Services under Section 5 of | 8 |
| the Children and Family Services
Act. Like authority and | 9 |
| restrictions shall be conferred by the court upon
any probation | 10 |
| officer who has been appointed guardian of the person of a | 11 |
| minor.
| 12 |
| (3) No placement by any probation officer or agency whose | 13 |
| representative
is appointed guardian of the person or legal | 14 |
| custodian of a minor may be
made in any out of State child care | 15 |
| facility unless it complies with the
Interstate Compact on the | 16 |
| Placement of Children. Placement with a parent,
however, is not | 17 |
| subject to that Interstate Compact.
| 18 |
| (4) The clerk of the court shall issue to the legal | 19 |
| custodian or
guardian of the person a certified copy of the | 20 |
| order of court, as proof
of his authority. No other process is | 21 |
| necessary as authority for the
keeping of the minor.
| 22 |
| (5) Custody or guardianship granted under this Section | 23 |
| continues until
the court otherwise directs, but not after the | 24 |
| minor reaches the age
of 19 years except as set forth in | 25 |
| Section 2-31 , or if the minor was previously committed to the | 26 |
| Department of Children and Family Services for care and service |
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HB4054 Enrolled |
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LRB096 10101 RLC 20267 b |
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| and the court has granted a supplemental petition to reinstate | 2 |
| wardship pursuant to subsection (2) of Section 2-33 .
| 3 |
| (6) (Blank).
| 4 |
| (Source: P.A. 95-642, eff. 6-1-08 .)
| 5 |
| (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
| 6 |
| Sec. 2-31. Duration of wardship and discharge of | 7 |
| proceedings.
| 8 |
| (1) All proceedings under this Act in respect of any minor | 9 |
| for whom a
petition was filed after the effective date of this | 10 |
| amendatory Act of 1991
automatically terminate upon his | 11 |
| attaining the age of 19 years, except that
a court may continue | 12 |
| the wardship of a minor until age 21 for good cause
when there | 13 |
| is satisfactory evidence presented to the court and the court
| 14 |
| makes written factual findings that the health, safety, and | 15 |
| best
interest of the minor and the public require the | 16 |
| continuation of the wardship.
| 17 |
| (2) Whenever the court determines, and makes written | 18 |
| factual findings, that
health, safety, and the best interests | 19 |
| of the minor and
the public no longer require the wardship of | 20 |
| the court, the court shall
order the wardship terminated and | 21 |
| all proceedings under this Act respecting
that minor finally | 22 |
| closed and discharged. The court may at the same time
continue | 23 |
| or terminate any custodianship or guardianship theretofore | 24 |
| ordered
but the termination must be made in compliance with | 25 |
| Section 2-28. When terminating wardship under this Section, if |
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HB4054 Enrolled |
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LRB096 10101 RLC 20267 b |
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| the minor is over 18, or if wardship is terminated in | 2 |
| conjunction with an order partially or completely emancipating | 3 |
| the minor in accordance with the Emancipation of Minors Act, | 4 |
| the court shall also make specific findings of fact as to the | 5 |
| minor's wishes regarding case closure and the manner in which | 6 |
| the minor will maintain independence. The minor's lack of | 7 |
| cooperation with services provided by the Department of | 8 |
| Children and Family Services shall not by itself be considered | 9 |
| sufficient evidence that the minor is prepared to live | 10 |
| independently and that it is in the best interest of the minor | 11 |
| to terminate wardship.
| 12 |
| (3) The wardship of the minor and any custodianship or | 13 |
| guardianship
respecting the minor for whom a petition was filed | 14 |
| after the effective
date of this amendatory Act of 1991 | 15 |
| automatically terminates when he
attains the age of 19 years | 16 |
| except as set forth in subsection (1) of this
Section. The | 17 |
| clerk of the court shall at that time record all proceedings
| 18 |
| under this Act as finally closed and discharged for that | 19 |
| reason.
| 20 |
| (Source: P.A. 90-28, eff. 1-1-98; 90-608, eff. 6-30-98; 90-655, | 21 |
| eff.
7-30-98.)
| 22 |
| (705 ILCS 405/2-33)
| 23 |
| Sec. 2-33. Supplemental petition to reinstate wardship.
| 24 |
| (1) Any time prior to a minor's 18th birthday, pursuant to | 25 |
| a supplemental
petition filed under this Section, the court may |
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HB4054 Enrolled |
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LRB096 10101 RLC 20267 b |
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| reinstate wardship and open a
previously closed case when:
| 2 |
| (a) wardship and guardianship under the Juvenile Court | 3 |
| Act of 1987 was
vacated in
conjunction with the appointment | 4 |
| of a private guardian under the Probate Act of
1975;
| 5 |
| (b) the minor is not presently a ward of the court | 6 |
| under Article II of
this Act nor is there a petition for | 7 |
| adjudication of wardship pending on behalf
of the minor; | 8 |
| and
| 9 |
| (c) it is in the minor's best interest that wardship be | 10 |
| reinstated.
| 11 |
| (2) Any time prior to a minor's 21st birthday, pursuant to | 12 |
| a supplemental petition filed under this Section, the court may | 13 |
| reinstate wardship and open a previously closed case when: | 14 |
| (a) wardship and guardianship under this Act was | 15 |
| vacated pursuant to: | 16 |
| (i) an order entered under subsection (2) of | 17 |
| Section 2-31 in the case of a minor over the age of 18; | 18 |
| (ii) closure of a case under subsection (2) of | 19 |
| Section 2-31 in the case of a minor under the age of 18 | 20 |
| who has been partially or completely emancipated in | 21 |
| accordance with the Emancipation of Minors Act; or | 22 |
| (iii) an order entered under subsection (3) of | 23 |
| Section 2-31 based on the minor's attaining the age of | 24 |
| 19 years; | 25 |
| (b) the minor is not presently a ward of the court | 26 |
| under Article II of this Act nor is there a petition for |
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HB4054 Enrolled |
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LRB096 10101 RLC 20267 b |
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| adjudication of wardship pending on behalf of the minor; | 2 |
| and | 3 |
| (c) it is in the minor's best interest that wardship be | 4 |
| reinstated. | 5 |
| (3) The supplemental petition must be filed in the same | 6 |
| proceeding in which
the original adjudication order was | 7 |
| entered. Unless excused by court for good
cause shown, the | 8 |
| petitioner shall give notice of the time and place of the
| 9 |
| hearing on the supplemental petition, in person or by mail, to | 10 |
| the minor, if
the
minor is 14 years of age or older, and to the | 11 |
| parties to the juvenile court
proceeding.
Notice shall be | 12 |
| provided at least 3 court days in advance of the hearing
date.
| 13 |
| (4) A minor who is the subject of a petition to reinstate | 14 |
| wardship under this Section shall be provided with | 15 |
| representation in accordance with Sections 1-5 and 2-17 of this | 16 |
| Act. | 17 |
| (5) Whenever a minor is committed to the Department of | 18 |
| Children and Family Services for care and services following | 19 |
| the reinstatement of wardship under this Section, the | 20 |
| Department shall: | 21 |
| (a) Within 30 days of such commitment, prepare and file | 22 |
| with the court a case plan which complies with the federal | 23 |
| Adoption Assistance and Child Welfare Act of 1980 and is | 24 |
| consistent with the health, safety and best interests of | 25 |
| the minor; and | 26 |
| (b) Promptly refer the minor for such services as are |
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HB4054 Enrolled |
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LRB096 10101 RLC 20267 b |
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| necessary and consistent with the minor's health, safety | 2 |
| and best interests. | 3 |
| (Source: P.A. 90-608, eff. 6-30-98.)
| 4 |
| Section 99. Effective date. This Act takes effect January | 5 |
| 1, 2010.
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HB4054 Enrolled |
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LRB096 10101 RLC 20267 b |
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
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| 3 |
| New Act |
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| 4 |
| 20 ILCS 505/5 |
from Ch. 23, par. 5005 |
| 5 |
| 705 ILCS 405/2-23 |
from Ch. 37, par. 802-23 |
| 6 |
| 705 ILCS 405/2-27 |
from Ch. 37, par. 802-27 |
| 7 |
| 705 ILCS 405/2-31 |
from Ch. 37, par. 802-31 |
| 8 |
| 705 ILCS 405/2-33 |
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| |
|