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|[ Introduced ]||[ Engrossed ]||[ House Amendment 002 ]|
|[ Senate Amendment 001 ]|
90_SB1099enr 705 ILCS 405/5-1 from Ch. 37, par. 805-1 Amends the Juvenile Court Act of 1987. Makes a technical change in Section relating to jurisdiction over delinquents. LRB9003541RCks SB1099 Enrolled LRB9003541RCks 1 AN ACT concerning juveniles, amending a named Act. 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 Sections 1-3, 1-8, 2-10, 2-22, 2-28, and 2-28.1 and 6 adding Section 2-28.01 as follows: 7 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3) 8 Sec. 1-3. Definitions. Terms used in this Act, unless 9 the context otherwise requires, have the following meanings 10 ascribed to them: 11 (1) Adjudicatory hearing. "Adjudicatory hearing" means a 12 hearing to determine whether the allegations of a petition 13 under Section 2-13, 3-15 or 4-12 that a minor under 18 years 14 of age is abused, neglected or dependent, or requires 15 authoritative intervention, or addicted, respectively, are 16 supported by a preponderance of the evidence or whether the 17 allegations of a petition under Section 5-13 that a minor is 18 delinquent are proved beyond a reasonable doubt. 19 (2) Adult. "Adult" means a person 21 years of age or 20 older. 21 (3) Agency. "Agency" means a public or private child 22 care facility legally authorized or licensed by this State 23 for placement or institutional care or for both placement and 24 institutional care. 25 (4) Association. "Association" means any organization, 26 public or private, engaged in welfare functions which include 27 services to or on behalf of children but does not include 28 "agency" as herein defined. 29 (4.1) Chronic truant. "Chronic truant" shall have the 30 definition ascribed to it in Section 26-2a of The School 31 Code. SB1099 Enrolled -2- LRB9003541RCks 1 (5) Court. "Court" means the circuit court in a session 2 or division assigned to hear proceedings under this Act. 3 (6) Dispositional hearing. "Dispositional hearing" means 4 a hearing to determine whether a minor should be adjudged to 5 be a ward of the court, and to determine what order of 6 disposition should be made in respect to a minor adjudged to 7 be a ward of the court. 8 (7) Emancipated minor. "Emancipated minor" means any 9 minor 16 years of age or over who has been completely or 10 partially emancipated under the "Emancipation of Mature 11 Minors Act", enacted by the Eighty-First General Assembly, or 12 under this Act. 13 (8) Guardianship of the person. "Guardianship of the 14 person" of a minor means the duty and authority to act in the 15 best interests of the minor, subject to residual parental 16 rights and responsibilities, to make important decisions in 17 matters having a permanent effect on the life and development 18 of the minor and to be concerned with his or her general 19 welfare. It includes but is not necessarily limited to: 20 (a) the authority to consent to marriage, to 21 enlistment in the armed forces of the United States, or 22 to a major medical, psychiatric, and surgical treatment; 23 to represent the minor in legal actions; and to make 24 other decisions of substantial legal significance 25 concerning the minor; 26 (b) the authority and duty of reasonable 27 visitation, except to the extent that these have been 28 limited in the best interests of the minor by court 29 order; 30 (c) the rights and responsibilities of legal 31 custody except where legal custody has been vested in 32 another person or agency; and 33 (d) the power to consent to the adoption of the 34 minor, but only if expressly conferred on the guardian in SB1099 Enrolled -3- LRB9003541RCks 1 accordance with Section 2-29, 3-30, 4-27 or 5-31. 2 (9) Legal custody. "Legal custody" means the 3 relationship created by an order of court in the best 4 interests of the minor which imposes on the custodian the 5 responsibility of physical possession of a minor and the duty 6 to protect, train and discipline him and to provide him with 7 food, shelter, education and ordinary medical care, except as 8 these are limited by residual parental rights and 9 responsibilities and the rights and responsibilities of the 10 guardian of the person, if any. 11 (10) Minor. "Minor" means a person under the age of 21 12 years subject to this Act. 13 (11) Parents. "Parent" means the father or mother of a 14 child and includes any adoptive parent. It also includes the 15 father whose paternity is presumed or has been established 16 under the law of this or another jurisdiction. It does not 17 include a parent whose rights in respect to the minor have 18 been terminated in any manner provided by law. 19 (11.1) "Permanency goal" means a goal set by a service 20 plan or an administrative case review or in counties with a 21 population of 3,000,000 or more, a goal ordered by a judge, 22 including, but not limited to, (i) remaining home, (ii) 23 returning home to a specified parent or guardian, (iii) 24 adoption, (iv) successor guardianship, (v) long-term relative 25 foster care, (vi) other long-term substitute care, when no 26 other goal is appropriate, or (vii) emancipation. 27 (11.2) "Permanency review hearing" means a hearing to 28 review and determine (i) the appropriateness of the 29 permanency goal in light of the permanency alternatives, (ii) 30 the appropriateness of the plan to achieve the goal, (iii) 31 the appropriateness of the services delivered and to be 32 delivered to effectuate the plan and goal, and (iv) the 33 efforts being made by all the parties to achieve the plan and 34 goal. SB1099 Enrolled -4- LRB9003541RCks 1 (12) Petition. "Petition" means the petition provided 2 for in Section 2-13, 3-15, 4-12 or 5-13, including any 3 supplemental petitions thereunder. 4 (13) Residual parental rights and responsibilities. 5 "Residual parental rights and responsibilities" means those 6 rights and responsibilities remaining with the parent after 7 the transfer of legal custody or guardianship of the person, 8 including, but not necessarily limited to, the right to 9 reasonable visitation (which may be limited by the court in 10 the best interests of the minor as provided in subsection 11 (8)(b) of this Section), the right to consent to adoption, 12 the right to determine the minor's religious affiliation, and 13 the responsibility for his support. 14 (14) Shelter. "Shelter" means the temporary care of a 15 minor in physically unrestricting facilities pending court 16 disposition or execution of court order for placement. 17 (15) Station adjustment. "Station adjustment" means the 18 informal handling of an alleged offender by a juvenile police 19 officer. 20 (16) Ward of the court. "Ward of the court" means a 21 minor who is so adjudged under Section 2-22, 3-23, 4-20 or 22 5-22, after a finding of the requisite jurisdictional facts, 23 and thus is subject to the dispositional powers of the court 24 under this Act. 25 (17) Juvenile police officer. "Juvenile police officer" 26 means a sworn police officer who has completed a Basic 27 Recruit Training Course, has been assigned to the position of 28 juvenile police officer by his or her chief law enforcement 29 officer and has completed the necessary juvenile officers 30 training as prescribed by the Illinois Law Enforcement 31 Training Standards Board, or in the case of a State police 32 officer, juvenile officer training approved by the Director 33 of the Department of State Police. 34 (Source: P.A. 88-7, Sec. 5; 88-7, Sec. 15; 88-487; 88-586, SB1099 Enrolled -5- LRB9003541RCks 1 eff. 8-12-94; 88-670, eff. 12-2-94.) 2 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8) 3 Sec. 1-8. Confidentiality and accessibility of juvenile 4 court records. 5 (A) Inspection and copying of juvenile court records 6 relating to a minor who is the subject of a proceeding under 7 this Act shall be restricted to the following: 8 (1) The minor who is the subject of record, his 9 parents, guardian and counsel. 10 (2) Law enforcement officers and law enforcement 11 agencies when such information is essential to executing 12 an arrest or search warrant or other compulsory process, 13 or to conducting an ongoing investigation or relating to 14 a minor who has been adjudicated delinquent and there has 15 been a previous finding that the act which constitutes 16 the previous offense was committed in furtherance of 17 criminal activities by a criminal street gang. 18 Before July 1, 1994, for the purposes of this 19 Section, "criminal street gang" means any ongoing 20 organization, association, or group of 3 or more persons, 21 whether formal or informal, having as one of its primary 22 activities the commission of one or more criminal acts 23 and that has a common name or common identifying sign, 24 symbol or specific color apparel displayed, and whose 25 members individually or collectively engage in or have 26 engaged in a pattern of criminal activity. 27 Beginning July 1, 1994, for purposes of this 28 Section, "criminal street gang" has the meaning ascribed 29 to it in Section 10 of the Illinois Streetgang Terrorism 30 Omnibus Prevention Act. 31 (3) Judges, hearing officers, prosecutors, 32 probation officers, social workers or other individuals 33 assigned by the court to conduct a pre-adjudication or SB1099 Enrolled -6- LRB9003541RCks 1 predisposition investigation, and individuals responsible 2 for supervising or providing temporary or permanent care 3 and custody for minors pursuant to the order of the 4 juvenile court when essential to performing their 5 responsibilities. 6 (4) Judges, prosecutors and probation officers: 7 (a) in the course of a trial when institution 8 of criminal proceedings has been permitted under 9 Section 5-4 or required under Section 5-4; or 10 (b) when criminal proceedings have been 11 permitted under Section 5-4 or required under 12 Section 5-4 and a minor is the subject of a 13 proceeding to determine the amount of bail; or 14 (c) when criminal proceedings have been 15 permitted under Section 5-4 or required under 16 Section 5-4 and a minor is the subject of a 17 pre-trial investigation, pre-sentence investigation 18 or fitness hearing, or proceedings on an application 19 for probation; or 20 (d) when a minor becomes 17 years of age or 21 older, and is the subject of criminal proceedings, 22 including a hearing to determine the amount of bail, 23 a pre-trial investigation, a pre-sentence 24 investigation, a fitness hearing, or proceedings on 25 an application for probation. 26 (5) Adult and Juvenile Prisoner Review Boards. 27 (6) Authorized military personnel. 28 (7) Victims, their subrogees and legal 29 representatives; however, such persons shall have access 30 only to the name and address of the minor and information 31 pertaining to the disposition or alternative adjustment 32 plan of the juvenile court. 33 (8) Persons engaged in bona fide research, with the 34 permission of the presiding judge of the juvenile court SB1099 Enrolled -7- LRB9003541RCks 1 and the chief executive of the agency that prepared the 2 particular records; provided that publication of such 3 research results in no disclosure of a minor's identity 4 and protects the confidentiality of the record. 5 (9) The Secretary of State to whom the Clerk of the 6 Court shall report the disposition of all cases, as 7 required in Section 6-204 of The Illinois Vehicle Code. 8 However, information reported relative to these offenses 9 shall be privileged and available only to the Secretary 10 of State, courts, and police officers. 11 (10) The administrator of a bonafide substance 12 abuse student assistance program with the permission of 13 the presiding judge of the juvenile court. 14 (B) A minor who is the victim in a juvenile proceeding 15 shall be provided the same confidentiality regarding 16 disclosure of identity as the minor who is the subject of 17 record. 18 (C) Except as otherwise provided in this subsection (C), 19 juvenile court records shall not be made available to the 20 general public but may be inspected by representatives of 21 agencies, associations and news media or other properly 22 interested persons by general or special order of the court. 23 The State's Attorney, the minor, his parents, guardian and 24 counsel shall at all times have the right to examine court 25 files and records. 26 (1) The court shall allow the general public to 27 have access to the name, address, and offense of a minor 28 who is adjudicated a delinquent minor under this Act 29 under either of the following circumstances: 30 (A) The adjudication of delinquency was based 31 upon the minor's commission of first degree murder, 32 attempt to commit first degree murder, aggravated 33 criminal sexual assault, or criminal sexual assault; 34 or SB1099 Enrolled -8- LRB9003541RCks 1 (B) The court has made a finding that the 2 minor was at least 13 years of age at the time the 3 act was committed and the adjudication of 4 delinquency was based upon the minor's commission 5 of: (i) an act in furtherance of the commission of a 6 felony as a member of or on behalf of a criminal 7 street gang, (ii) an act involving the use of a 8 firearm in the commission of a felony, (iii) an act 9 that would be a Class X felony offense under or the 10 minor's second or subsequent Class 2 or greater 11 felony offense under the Cannabis Control Act if 12 committed by an adult, (iv) an act that would be a 13 second or subsequent offense under Section 402 of 14 the Illinois Controlled Substances Act if committed 15 by an adult, or (v) an act that would be an offense 16 under Section 401 of the Illinois Controlled 17 Substances Act if committed by an adult. 18 (2) The court shall allow the general public to 19 have access to the name, address, and offense of a minor 20 who is at least 13 years of age at the time the offense 21 is committed and who is convicted, in criminal 22 proceedings permitted or required under Section 5-4, 23 under either of the following circumstances: 24 (A) The minor has been convicted of first 25 degree murder, attempt to commit first degree 26 murder, aggravated criminal sexual assault, or 27 criminal sexual assault, 28 (B) The court has made a finding that the 29 minor was at least 13 years of age at the time the 30 offense was committed and the conviction was based 31 upon the minor's commission of: (i) an offense in 32 furtherance of the commission of a felony as a 33 member of or on behalf of a criminal street gang, 34 (ii) an offense involving the use of a firearm in SB1099 Enrolled -9- LRB9003541RCks 1 the commission of a felony, (iii) a Class X felony 2 offense under or a second or subsequent Class 2 or 3 greater felony offense under the Cannabis Control 4 Act, (iv) a second or subsequent offense under 5 Section 402 of the Illinois Controlled Substances 6 Act, or (v) an offense under Section 401 of the 7 Illinois Controlled Substances Act. 8 (D) Pending or following any adjudication of delinquency 9 for any offense defined in Sections 12-13 through 12-16 of 10 the Criminal Code of 1961, the victim of any such offense 11 shall receive the rights set out in Sections 4 and 6 of the 12 Bill of Rights for Victims and Witnesses of Violent Crime 13 Act; and the juvenile who is the subject of the adjudication, 14 notwithstanding any other provision of this Act, shall be 15 treated as an adult for the purpose of affording such rights 16 to the victim. 17 (E) Nothing in this Section shall affect the right of a 18 Civil Service Commission or appointing authority examining 19 the character and fitness of an applicant for a position as a 20 law enforcement officer to ascertain whether that applicant 21 was ever adjudicated to be a delinquent minor and, if so, to 22 examine the records of disposition or evidence which were 23 made in proceedings under this Act. 24 (F) Following any adjudication of delinquency for a 25 crime which would be a felony if committed by an adult, or 26 following any adjudication of delinquency for a violation of 27 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 28 1961, the State's Attorney shall ascertain whether the minor 29 respondent is enrolled in school and, if so, shall provide a 30 copy of the dispositional order to the principal or chief 31 administrative officer of the school. Access to such 32 juvenile records shall be limited to the principal or chief 33 administrative officer of the school and any guidance 34 counselor designated by him. SB1099 Enrolled -10- LRB9003541RCks 1 (G) Nothing contained in this Act prevents the sharing 2 or disclosure of information or records relating or 3 pertaining to juveniles subject to the provisions of the 4 Serious Habitual Offender Comprehensive Action Program when 5 that information is used to assist in the early 6 identification and treatment of habitual juvenile offenders. 7 (H) When a Court hearing a proceeding under Article II 8 of this Act becomes aware that an earlier proceeding under 9 Article II had been heard in a different county, that Court 10 shall request, and the Court in which the earlier proceedings 11 were initiated shall transmit, an authenticated copy of the 12 Court record, including all documents, petitions, and orders 13 filed therein and the minute orders, transcript of 14 proceedings, and docket entries of the Court. 15 (I) The Clerk of the Circuit Court shall report to the 16 Department of State Police, in the form and manner required 17 by the Department of State Police, the final disposition of 18 each minor who has been arrested or taken into custody before 19 his or her 17th birthday for those offenses required to be 20 reported under Section 5 of the Criminal Identification Act. 21 Information reported to the Department under this Section may 22 be maintained with records that the Department files under 23 Section 2.1 of the Criminal Identification Act. 24 (Source: P.A. 88-45; 88-51; 88-344; 88-467; 88-548, eff. 25 1-1-95; 88-550, eff. 7-3-94; 88-614, eff. 9-7-94; 88-670, 26 eff. 12-2-94; 89-198, eff. 7-21-95; 89-235, eff. 8-4-95; 27 89-377, eff. 8-18-95; 89-626, eff. 8-9-96.) 28 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10) 29 Sec. 2-10. Temporary custody hearing. At the appearance 30 of the minor before the court at the temporary custody 31 hearing, all witnesses present shall be examined before the 32 court in relation to any matter connected with the 33 allegations made in the petition. SB1099 Enrolled -11- LRB9003541RCks 1 (1) If the court finds that there is not probable cause 2 to believe that the minor is abused, neglected or dependent 3 it shall release the minor and dismiss the petition. 4 (2) If the court finds that there is probable cause to 5 believe that the minor is abused, neglected or dependent, the 6 court shall state in writing the factual basis supporting its 7 finding and the minor, his or her parent, guardian, custodian 8 and other persons able to give relevant testimony shall be 9 examined before the court. The Department of Children and 10 Family Services shall give testimony concerning indicated 11 reports of abuse and neglect, of which they are aware of 12 through the central registry, involving the minor's parent, 13 guardian or custodian. After such testimony, the court may, 14 if it is in the best interests of the minor, enter an order 15 that the minor shall be released upon the request of parent, 16 guardian or custodian if the parent, guardian or custodian 17 appears to take custody. Custodian shall include any agency 18 of the State which has been given custody or wardship of the 19 child. If it is in the best interests of the minor, the court 20 may also prescribe shelter care and order that the minor be 21 kept in a suitable place designated by the court or in a 22 shelter care facility designated by the Department of 23 Children and Family Services or a licensed child welfare 24 agency; however, a minor charged with a criminal offense 25 under the Criminal Code of 1961 or adjudicated delinquent 26 shall not be placed in the custody of or committed to the 27 Department of Children and Family Services by any court, 28 except a minor less than 13 years of age and committed to the 29 Department of Children and Family Services under Section 5-23 30 of this Act or a minor for whom an independent basis of 31 abuse, neglect, or dependency exists, which must be defined 32 by departmental rule. In placing the minor, the Department or 33 other agency shall, to the extent compatible with the court's 34 order, comply with Section 7 of the Children and Family SB1099 Enrolled -12- LRB9003541RCks 1 Services Act. In determining that it is in the best interests 2 of the minor to prescribe shelter care, the court must find 3 that it is a matter of immediate and urgent necessity for the 4 protection of the minor or of the person or property of 5 another that the minor be placed in a shelter care facility 6 or that he or she is likely to flee the jurisdiction of the 7 court, and must further find that reasonable efforts have 8 been made or that, in the best interests of the minor, no 9 efforts reasonably can be made to prevent or eliminate the 10 necessity of removal of the minor from his or her home. The 11 court shall require documentation from the Department of 12 Children and Family Services as to the reasonable efforts 13 that were made to prevent or eliminate the necessity of 14 removal of the minor from his or her home or the reasons why 15 no efforts reasonably could be made to prevent or eliminate 16 the necessity of removal. When a minor is placed in the home 17 of a relative, the Department of Children and Family Services 18 shall complete a preliminary background review of the members 19 of the minor's custodian's household in accordance with 20 Section 4.3 of the Child Care Act of 1969 within 90 days of 21 that placement. If the minor is ordered placed in a shelter 22 care facility of the Department of Children and Family 23 Services or a licensed child welfare agency, the court shall, 24 upon request of the appropriate Department or other agency, 25 appoint the Department of Children and Family Services 26 Guardianship Administrator or other appropriate agency 27 executive temporary custodian of the minor and the court may 28 enter such other orders related to the temporary custody as 29 it deems fit and proper, including the provision of services 30 to the minor or his family to ameliorate the causes 31 contributing to the finding of probable cause or to the 32 finding of the existence of immediate and urgent necessity. 33 Acceptance of services shall not be considered an admission 34 of any allegation in a petition made pursuant to this Act, SB1099 Enrolled -13- LRB9003541RCks 1 nor may a referral of services be considered as evidence in 2 any proceeding pursuant to this Act, except where the issue 3 is whether the Department has made reasonable efforts to 4 reunite the family. In making its findings that it is in the 5 best interests of the minor to prescribe shelter care, the 6 court shall state in writing (i) the factual basis supporting 7 its findings concerning the immediate and urgent necessity 8 for the protection of the minor or of the person or property 9 of another and (ii) the factual basis supporting its findings 10 that reasonable efforts were made to prevent or eliminate the 11 removal of the minor from his or her home or that no efforts 12 reasonably could be made to prevent or eliminate the removal 13 of the minor from his or her home. The parents, guardian, 14 custodian, temporary custodian and minor shall each be 15 furnished a copy of such written findings. The temporary 16 custodian shall maintain a copy of the court order and 17 written findings in the case record for the child. The order 18 together with the court's findings of fact in support thereof 19 shall be entered of record in the court. 20 Once the court finds that it is a matter of immediate and 21 urgent necessity for the protection of the minor that the 22 minor be placed in a shelter care facility, the minor shall 23 not be returned to the parent, custodian or guardian until 24 the court finds that such placement is no longer necessary 25 for the protection of the minor. 26 (3) If prior to the shelter care hearing for a minor 27 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party 28 is unable to serve notice on the party respondent, the 29 shelter care hearing may proceed ex-parte. A shelter care 30 order from an ex-parte hearing shall be endorsed with the 31 date and hour of issuance and shall be filed with the clerk's 32 office and entered of record. The order shall expire after 10 33 days from the time it is issued unless before its expiration 34 it is renewed, at a hearing upon appearance of the party SB1099 Enrolled -14- LRB9003541RCks 1 respondent, or upon an affidavit of the moving party as to 2 all diligent efforts to notify the party respondent by notice 3 as herein prescribed. The notice prescribed shall be in 4 writing and shall be personally delivered to the minor or the 5 minor's attorney and to the last known address of the other 6 person or persons entitled to notice. The notice shall also 7 state the nature of the allegations, the nature of the order 8 sought by the State, including whether temporary custody is 9 sought, and the consequences of failure to appear; and shall 10 explain the right of the parties and the procedures to vacate 11 or modify a shelter care order as provided in this Section. 12 The notice for a shelter care hearing shall be substantially 13 as follows: 14 NOTICE TO PARENTS AND CHILDREN 15 OF SHELTER CARE HEARING 16 On ................ at ........., before the 17 Honorable ................, (address:) ................., 18 the State of Illinois will present evidence (1) that 19 (name of child or children) ....................... are 20 abused, neglected or dependent for the following reasons: 21 .............................................. and (2) 22 that there is "immediate and urgent necessity" to remove 23 the child or children from the responsible relative. 24 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN 25 PLACEMENT of the child or children in foster care until a 26 trial can be held. A trial may not be held for up to 90 27 days. 28 At the shelter care hearing, parents have the 29 following rights: 30 1. To ask the court to appoint a lawyer if 31 they cannot afford one. 32 2. To ask the court to continue the hearing to 33 allow them time to prepare. 34 3. To present evidence concerning: SB1099 Enrolled -15- LRB9003541RCks 1 a. Whether or not the child or children 2 were abused, neglected or dependent. 3 b. Whether or not there is "immediate and 4 urgent necessity" to remove the child from home 5 (including: their ability to care for the 6 child, conditions in the home, alternative 7 means of protecting the child other than 8 removal). 9 c. The best interests of the child. 10 4. To cross examine the State's witnesses. 11 The Notice for rehearings shall be substantially as 12 follows: 13 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS 14 TO REHEARING ON TEMPORARY CUSTODY 15 If you were not present at and did not have adequate 16 notice of the Shelter Care Hearing at which temporary 17 custody of ............... was awarded to 18 ................, you have the right to request a full 19 rehearing on whether the State should have temporary 20 custody of ................. To request this rehearing, 21 you must file with the Clerk of the Juvenile Court 22 (address): ........................, in person or by 23 mailing a statement (affidavit) setting forth the 24 following: 25 1. That you were not present at the shelter 26 care hearing. 27 2. That you did not get adequate notice 28 (explaining how the notice was inadequate). 29 3. Your signature. 30 4. Signature must be notarized. 31 The rehearing should be scheduled within 48 hours 32
one dayof your filing this affidavit. 33 At the rehearing, your rights are the same as at the 34 initial shelter care hearing. The enclosed notice SB1099 Enrolled -16- LRB9003541RCks 1 explains those rights. 2 At the Shelter Care Hearing, children have the 3 following rights: 4 1. To have a guardian ad litem appointed. 5 2. To be declared competent as a witness and 6 to present testimony concerning: 7 a. Whether they are abused, neglected or 8 dependent. 9 b. Whether there is "immediate and urgent 10 necessity" to be removed from home. 11 c. Their best interests. 12 3. To cross examine witnesses for other 13 parties. 14 4. To obtain an explanation of any proceedings 15 and orders of the court. 16 (4) If the parent, guardian, legal custodian, 17 responsible relative, minor age 8 or over, or counsel of the 18 minor did not have actual notice of or was not present at the 19 shelter care hearing, he or she may file an affidavit setting 20 forth these facts, and the clerk shall set the matter for 21 rehearing not later than 48 hours, excluding Sundays and 22 legal holidays, after the filing of the affidavit. At the 23 rehearing, the court shall proceed in the same manner as upon 24 the original hearing. 25 (5) Only when there is reasonable cause to believe that 26 the minor taken into custody is a person described in Section 27 5-3 may the minor be kept or detained in a detention home or 28 county or municipal jail. This Section shall in no way be 29 construed to limit subsection (6). 30 (6) No minor under 16 years of age may be confined in a 31 jail or place ordinarily used for the confinement of 32 prisoners in a police station. Minors under 17 years of age 33 must be kept separate from confined adults and may not at any 34 time be kept in the same cell, room, or yard with adults SB1099 Enrolled -17- LRB9003541RCks 1 confined pursuant to the criminal law. 2 (7) If the minor is not brought before a judicial 3 officer within the time period as specified in Section 2-9, 4 the minor must immediately be released from custody. 5 (8) If neither the parent, guardian or custodian appears 6 within 24 hours to take custody of a minor released upon 7 request pursuant to subsection (2) of this Section, then the 8 clerk of the court shall set the matter for rehearing not 9 later than 7 days after the original order and shall issue a 10 summons directed to the parent, guardian or custodian to 11 appear. At the same time the probation department shall 12 prepare a report on the minor. If a parent, guardian or 13 custodian does not appear at such rehearing, the judge may 14 enter an order prescribing that the minor be kept in a 15 suitable place designated by the Department of Children and 16 Family Services or a licensed child welfare agency. 17 (9) Notwithstanding any other provision of this Section 18 any interested party, including the State, the temporary 19 custodian, an agency providing services to the minor or 20 family under a service plan pursuant to Section 8.2 of the 21 Abused and Neglected Child Reporting Act, foster parent, or 22 any of their representatives, on notice to all parties 23 entitled to notice, may file a motion that it is in the best 24 interests of the minor to modify or vacate a temporary 25 custody order on any of the following grounds: 26 (a) It is no longer a matter of immediate and 27 urgent necessity that the minor remain in shelter care; 28 or 29 (b) There is a material change in the circumstances 30 of the natural family from which the minor was removed; 31 or 32 (c) A person not a party to the alleged abuse, 33 neglect or dependency, including a parent, relative or 34 legal guardian, is capable of assuming temporary custody SB1099 Enrolled -18- LRB9003541RCks 1 of the minor; or 2 (d) Services provided by the Department of Children 3 and Family Services or a child welfare agency or other 4 service provider have been successful in eliminating the 5 need for temporary custody. 6 In ruling on the motion, the court shall determine 7 whether it is in the best interests of the minor to modify or 8 vacate a temporary custody order. 9 The clerk shall set the matter for hearing not later than 10 14 days after such motion is filed. In the event that the 11 court modifies or vacates a temporary custody order but does 12 not vacate its finding of probable cause, the court may order 13 that appropriate services be continued or initiated in behalf 14 of the minor and his or her family. 15 (10) When the court finds or has found that there is 16 probable cause to believe a minor is an abused minor as 17 described in subsection (2) of Section 2-3 and that there is 18 an immediate and urgent necessity for the abused minor to be 19 placed in shelter care, immediate and urgent necessity shall 20 be presumed for any other minor residing in the same 21 household as the abused minor provided: 22 (a) Such other minor is the subject of an abuse or 23 neglect petition pending before the court; and 24 (b) A party to the petition is seeking shelter care 25 for such other minor. 26 Once the presumption of immediate and urgent necessity 27 has been raised, the burden of demonstrating the lack of 28 immediate and urgent necessity shall be on any party that is 29 opposing shelter care for the other minor. 30 (Source: P.A. 88-7; 88-491; 88-614, eff. 9-7-94; 88-670, eff. 31 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-582, eff. 1-1-97; 32 89-626, eff. 8-9-96.) 33 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22) SB1099 Enrolled -19- LRB9003541RCks 1 Sec. 2-22. Dispositional hearing; evidence; continuance. 2 (1) At the dispositional hearing, the court shall 3 determine whether it is in the best interests of the minor 4 and the public that he be made a ward of the court, and, if 5 he is to be made a ward of the court, the court shall 6 determine the proper disposition best serving the interests 7 of the minor and the public. The court also shall consider 8 the permanency goal set for the minor, the nature of the 9 service plan for the minor and the services delivered and to 10 be delivered under the plan. All evidence helpful in 11 determining these questions, including oral and written 12 reports, may be admitted and may be relied upon to the extent 13 of its probative value, even though not competent for the 14 purposes of the adjudicatory hearing. 15 (2) Notice in compliance with Sections 2-15 and 2-16 16 must be given to all parties-respondent prior to proceeding 17 to a dispositional hearing. Before making an order of 18 disposition the court shall advise the State's Attorney, the 19 parents, guardian, custodian or responsible relative or their 20 counsel of the factual contents and the conclusions of the 21 reports prepared for the use of the court and considered by 22 it, and afford fair opportunity, if requested, to controvert 23 them. The court may order, however, that the documents 24 containing such reports need not be submitted to inspection, 25 or that sources of confidential information need not be 26 disclosed except to the attorneys for the parties. Factual 27 contents, conclusions, documents and sources disclosed by the 28 court under this paragraph shall not be further disclosed 29 without the express approval of the court pursuant to an in 30 camera hearing. 31 (3) A record of a prior continuance under supervision 32 under Section 2-20, whether successfully completed or not, is 33 admissible at the dispositional hearing. 34 (4) On its own motion or that of the State's Attorney, a SB1099 Enrolled -20- LRB9003541RCks 1 parent, guardian, custodian, responsible relative or counsel, 2 the court may adjourn the hearing for a reasonable period to 3 receive reports or other evidence, if the adjournment is in 4 the best interests of the minor, but in no event shall 5 continuances be granted so that the dispositional hearing 6 occurs more than 12 months after the initial removal of a 7 minor from his or her home. In scheduling investigations and 8 hearings, the court shall give priority to proceedings in 9 which a minor has been removed from his or her home before an 10 order of disposition has been made. 11 (5) Unless already set by the court, at the conclusion 12 of the dispositional hearing, the court shall set the date 13 for the first permanency hearing, to be conducted under 14 subsection (2) of Section 2-28 or subsection (c) of Section 15 2-28.01, which shall be held no later than 16 months after 16 the minor is taken into temporary custody or in counties with 17 a population over 3,000,000, no later than 12 months after 18 the minor is taken into temporary custody. 19 (Source: P.A. 88-7; 88-487; 88-670, eff. 12-2-94; 89-17, eff. 20 5-31-95.) 21 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28) 22 Sec. 2-28. Court review in counties with a population 23 under 3,000,000. 24 (0.5) This Section applies in counties with a population 25 under 3,000,000. 26 (1) The court may require any legal custodian or 27 guardian of the person appointed under this Act to report 28 periodically to the court or may cite him into court and 29 require him or his agency, to make a full and accurate report 30 of his or its doings in behalf of the minor. The custodian 31 or guardian, within 10 days after such citation, shall make 32 the report, either in writing verified by affidavit or orally 33 under oath in open court, or otherwise as the court directs. SB1099 Enrolled -21- LRB9003541RCks 1 Upon the hearing of the report the court may remove the 2 custodian or guardian and appoint another in his stead or 3 restore the minor to the custody of his parents or former 4 guardian or custodian. However, custody of the minor shall 5 not be restored to any parent, guardian or legal custodian in 6 any case in which the minor is found to be neglected or 7 abused under Section 2-3 of this Act, unless it is in the 8 best interests of the minor, and if such neglect or abuse is 9 found by the court under paragraph (2) of Section 2-21 of 10 this Act to be the result of physical abuse inflicted on the 11 minor by such parent, guardian or legal custodian, until such 12 time as an investigation is made as provided in paragraph (5) 13 and a hearing is held on the issue of the fitness of such 14 parent, guardian or legal custodian to care for the minor and 15 the court enters an order that such parent, guardian or legal 16 custodian is fit to care for the minor. 17 (2) Permanency hearings shall be conducted by the court, 18 or by hearing officers appointed or approved by the court in 19 the manner set forth in Section 2-28.1 of this Act. 20 Permanency hearings shall be held every 12 months or more 21 frequently if necessary in the court's determination 22 following the initial permanency hearing, in accordance with 23 the standards set forth in this Section, until the court 24 determines that the plan and goal have been achieved. Once 25 the plan and goal have been achieved, if the minor remains in 26 substitute care, the case shall be reviewed at least every 12 27 months thereafter, subject to the provisions of this Section. 28 Notice in compliance with Sections 2-15 and 2-16 must29 have been given to all parties-respondent before proceeding30 to a permanency hearing.31 The public agency that is the custodian or guardian of 32 the minor, or another agency responsible for the minor's 33 care, shall ensure that all parties to the permanency 34 hearings are provided a copy of the most recent service plan SB1099 Enrolled -22- LRB9003541RCks 1 prepared within the prior 6 months at least 14 days in 2 advance of the hearing. If not contained in the plan, the 3 agency shall also include a report setting forth (i) any 4 special physical, psychological, educational, medical, 5 emotional, or other needs of the minor or his or her family 6 that are relevant to a permanency or placement determination 7 and (ii) for any minor age 16 or over, a written description 8 of the programs and services that will enable the minor to 9 prepare for independent living. If a permanency review 10 hearing has not previously been scheduled by the court, the 11 moving party shall move for the setting of a permanency 12 hearing and the entry of an order within the time frames set 13 forth in this subsection. 14 At the permanency hearing, the court shall determine the 15 future status of the child. The court shall review (i) the 16 appropriateness of the permanency goal, (ii) the 17 appropriateness of the plan to achieve the goal, (iii) the 18 appropriateness of the services contained in the plan and 19 whether those services have been provided, (iv) whether 20 reasonable efforts have been made by all the parties to the 21 service plan to achieve the goal, and (v) whether the plan 22 and goal have been achieved. All evidence relevant to 23 determining these questions, including oral and written 24 reports, may be admitted and may be relied on to the extent 25 of their probative value. 26 In reviewing the permanency goal and the most recent 27 service plan prepared within the prior 6 months, the standard 28 of review to be employed by the court shall be whether the 29 Department of Children and Family Services, in setting the 30 permanency goal and the service plan, abused its discretion 31 in light of the best interests of the child, the permanency 32 alternatives, and the facts in the individual case. 33 If the plan and goal are found to be appropriate and to 34 have been achieved, the court shall enter orders that are SB1099 Enrolled -23- LRB9003541RCks 1 necessary to conform the minor's legal custody and status to 2 those findings. 3 If, after receiving evidence, the court determines that 4 the Department of Children and Family Services abused its 5 discretion in identifying services contained in the plan that 6 are not reasonably calculated to facilitate achievement of 7 the permanency goal, the court shall put in writing the 8 factual basis supporting the determination and enter specific 9 findings based on the evidence. The court also shall enter 10 an order for the Department to develop and implement a new 11 service plan or to implement changes to the current service 12 plan consistent with the court's findings. The new service 13 plan shall be filed with the court and served on all parties 14 within 45 days of the date of the order. The court shall 15 continue the matter until the new service plan is filed. 16 Unless otherwise specifically authorized by law, the court is 17 not empowered under this subsection (2) or under subsection 18 (3) to order specific placements, specific services, or 19 specific service providers to be included in the plan. 20 If, after receiving evidence, the court determines that 21 the Department of Children and Family Services abused its 22 discretion in setting a permanency goal that is not in the 23 best interests of the minor, the court shall enter specific 24 findings in writing based on the evidence. The court also 25 shall enter an order for the Department to set a new 26 permanency goal and to develop and implement a new service 27 plan that is consistent with the court's findings. The new 28 service plan shall be filed with the court and served on all 29 parties within 45 days of the date of the order. The court 30 shall continue the matter until the new service plan is 31 filed. 32 A guardian or custodian appointed by the court pursuant 33 to this Act shall file updated case plans with the court 34 every 6 months. SB1099 Enrolled -24- LRB9003541RCks 1 Rights of wards of the court under this Act are 2 enforceable against any public agency by complaints for 3 relief by mandamus filed in any proceedings brought under 4 this Act. 5 (3) Following the permanency hearing, the court shall 6 enter an order setting forth the following determinations in 7 writing: 8 (a) The future status of the minor, including but 9 not limited to whether the minor should be returned to 10 the parent, should be continued in the care of the 11 Department of Children and Family Services or other 12 agency for a specified period, should be placed for 13 adoption, should be emancipated, or should (because of 14 the minor's special needs or circumstances) be continued 15 in the care of the Department of Children and Family 16 Services or other agency on a permanent or long-term 17 basis, and any orders necessary to conform the minor's 18 legal custody and status to such determination; or 19 (b) if the future status of the minor cannot be 20 achieved immediately, the specific reasons for continuing 21 the minor in the care of the Department of Children and 22 Family Services or other agency for short term placement, 23 and the following determinations: 24 (i) Whether the permanency goal is in the best 25 interests of the minor, or whether the Department of 26 Children and Family Services abused its discretion 27 in setting a goal that is not in the best interests 28 of the minor. 29 (ii) Whether the services required by the 30 court and by any service plan prepared within the 31 prior 6 months have been provided and (A) if so, 32 whether the services were reasonably calculated to 33 facilitate the achievement of the permanency goal or 34 (B) if not provided, why the services were not SB1099 Enrolled -25- LRB9003541RCks 1 provided. 2 (iii) Whether the minor's placement is 3 necessary, and appropriate to the plan and goal, 4 recognizing the right of minors to the least 5 restrictive (most family-like) setting available and 6 in close proximity to the parents' home consistent 7 with the best interest and special needs of the 8 minor and, if the minor is placed out-of-State, 9 whether the out-of-State placement continues to be 10 appropriate and in the best interest of the minor. 11 (iv) Whether, because of any of the findings 12 under subparagraphs (i) through (iii), the 13 Department of Children and Family Services should be 14 ordered to set a new permanency goal or develop and 15 implement a new service plan consistent with such 16 findings. 17 (v) Whether any orders to effectuate the 18 completion of a plan or goal are necessary, 19 including conforming the minor's custody or status 20 to a goal being achieved. 21 Any order entered pursuant to this subsection (3) shall 22 be immediately appealable as a matter of right under Supreme 23 Court Rule 304(b)(1). 24 (4) The minor or any person interested in the minor may 25 apply to the court for a change in custody of the minor and 26 the appointment of a new custodian or guardian of the person 27 or for the restoration of the minor to the custody of his 28 parents or former guardian or custodian. However, custody of 29 the minor shall not be restored to any parent, guardian or 30 legal custodian in any case in which the minor is found to be 31 neglected or abused under Section 2-3 of this Act, unless it 32 is in the best interest of the minor, and if such neglect or 33 abuse is found by the court under paragraph (2) of Section 34 2-21 of this Act to be the result of physical abuse inflicted SB1099 Enrolled -26- LRB9003541RCks 1 on the minor by such parent, guardian or legal custodian, 2 until such time as an investigation is made as provided in 3 paragraph (4) and a hearing is held on the issue of the 4 fitness of such parent, guardian or legal custodian to care 5 for the minor and the court enters an order that such parent, 6 guardian or legal custodian is fit to care for the minor. In 7 the event that the minor has attained 18 years of age and the 8 guardian or custodian petitions the court for an order 9 terminating his guardianship or custody, guardianship or 10 custody shall terminate automatically 30 days after the 11 receipt of the petition unless the court orders otherwise. 12 No legal custodian or guardian of the person may be removed 13 without his consent until given notice and an opportunity to 14 be heard by the court. 15 (5) Whenever a parent, guardian, or legal custodian 16 petitions for restoration of custody of the minor, and the 17 minor was adjudicated neglected or abused as a result of 18 physical abuse, the court shall cause to be made an 19 investigation as to whether the petitioner has ever been 20 charged with or convicted of any criminal offense which would 21 indicate the likelihood of any further physical abuse to the 22 minor. Evidence of such criminal convictions shall be taken 23 into account in determining fitness of the parent, guardian, 24 or legal custodian. 25 (a) Any agency of this State or any subdivision 26 thereof shall co-operate with the agent of the court in 27 providing any information sought in the investigation. 28 (b) The information derived from the investigation 29 and any conclusions or recommendations derived from the 30 information shall be provided to the parent, guardian, or 31 legal custodian seeking restoration of custody prior to 32 the hearing on fitness and the petitioner shall have an 33 opportunity at the hearing to refute the information or 34 contest its significance. SB1099 Enrolled -27- LRB9003541RCks 1 (c) All information obtained from any investigation 2 shall be confidential as provided in Section 1-10 of this 3 Act. 4 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff. 5 12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626, 6 eff. 8-9-96.) 7 (705 ILCS 405/2-28.01 new) 8 Sec. 2-28.01. Court review in counties with a population 9 of 3,000,000 or more. 10 (a) This Section applies in counties with a population 11 of 3,000,000 or more. 12 (b) The court may require any legal custodian or 13 guardian of the person appointed under this Act to report 14 periodically to the court or may cite him or her into court 15 and require him or her, or his or her agency, to make a full 16 and accurate report of his or her or its doings in behalf of 17 the minor. The custodian or guardian, within 10 days after 18 the citation, shall make the report, either in writing 19 verified by affidavit or orally under oath in open court, or 20 otherwise as the court directs. Upon the hearing of the 21 report, the court may remove the custodian or guardian and 22 appoint another in his or her stead or restore the minor to 23 the custody of his or her parents or former guardian or 24 custodian. However, custody of the minor shall not be 25 restored to any parent, guardian, or legal custodian in any 26 case in which the minor is found to be neglected or abused 27 under Section 2-3 of this Act, unless it is in the best 28 interests of the minor, and if the neglect or abuse is found 29 by the court under paragraph (2) of Section 2-21 of this Act 30 to be the result of physical abuse inflicted on the minor by 31 the parent, guardian, or legal custodian, until such time as 32 an investigation is made as provided in paragraph (g) of this 33 Section and a hearing is held on the issue of the fitness of SB1099 Enrolled -28- LRB9003541RCks 1 the parent, guardian, or legal custodian to care for the 2 minor and the court enters an order that the parent, 3 guardian, or legal custodian is fit to care for the minor. 4 (c) The first permanency hearing shall be conducted by a 5 judge. Subsequent permanency hearings may be heard by a 6 judge or by a hearing officer appointed or approved by the 7 court in the manner set forth in Section 2-28.1 of this Act. 8 The initial hearing shall be held within 12 months from the 9 date temporary custody was taken. Permanency hearings shall 10 be held every 6 months or more frequently if necessary in the 11 court's determination following the initial permanency 12 hearing, in accordance with the standards set forth in this 13 Section, until the court determines that the plan and goal 14 have been achieved. Once the plan and goal have been 15 achieved, if the minor remains in substitute care, the case 16 shall be reviewed at least every 6 months thereafter, subject 17 to the provisions of this Section, unless the minor is placed 18 in the guardianship of a suitable relative or other person 19 and the court determines further monitoring by the court does 20 not further the best interest of the child and that this is a 21 stable permanent placement. The permanency hearings must 22 occur within the time frames set forth in this subsection and 23 may not be delayed in anticipation of a report from any 24 source, or due to the agency's failure to timely file its 25 written report (this written report means the one required 26 under the next paragraph and does not mean the service plan 27 also referred to in that paragraph). 28 (1) The public agency that is the custodian or 29 guardian of the minor, or another agency responsible for 30 the minor's care, shall ensure that all parties to the 31 permanency hearings are provided a copy of the most 32 recent service plan prepared within the prior 6 months at 33 least 14 days in advance of the hearing. If not 34 contained in the plan, the agency shall also include a SB1099 Enrolled -29- LRB9003541RCks 1 report setting forth (i) any special physical, 2 psychological, educational, medical, emotional, or other 3 needs of the minor or his or her family that are relevant 4 to a permanency or placement determination and (ii) for 5 any minor age 16 years or over, a written description of 6 the programs and services that will enable the minor to 7 prepare for independent living. If a permanency review 8 hearing has not previously been scheduled by the court, 9 the moving party shall move for the setting of a 10 permanency hearing and the entry of an order within the 11 time frames set forth in this subsection (c). 12 (2) At the permanency hearing, the court shall 13 determine the future status of the child. The court 14 shall set one of the following permanency goals: 15 (A) The minor will be returned home by a specific 16 date within 5 months. 17 (B) (1) The minor will be in short-term care with a 18 continued goal to return home within a period not to 19 exceed one year, when the progress of the parent or 20 parents is substantial giving particular consideration to 21 the age and individual needs of the minor, or 22 (2) if the permanency hearing is held less 23 than 9 months after adjudication and the court finds 24 that the parent or parents have not made substantial 25 progress the court may: 26 (i) make a finding regarding reasonable 27 progress or efforts at that point; 28 (ii) when appropriate identify what 29 actions the parent or the Department of 30 Children and Family Services must take in order 31 to justify a finding of reasonable efforts and 32 reasonable progress; and 33 (iii) enter an order continuing the 34 permanency hearing to a date not earlier than 9 SB1099 Enrolled -30- LRB9003541RCks 1 months from the date of the adjudication nor 2 later than 11 months from the date of the 3 adjudication. 4 (C) The minor will be in substitute care pending 5 court determination on termination of parental rights. 6 (D) Adoption, provided that parental rights have 7 been terminated or relinquished. 8 (E) The guardianship of the minor will be 9 transferred to an individual or couple on a permanent 10 basis provided that goals (A) through (D) have been ruled 11 out. 12 (F) The minor over age 12 will be in substitute 13 care pending independence. 14 (G) The minor will be in substitute care because he 15 or she cannot be provided for in a home environment due 16 to developmental disabilities or mental illness or 17 because he or she is a danger to self or others, provided 18 that goals (A) through (D) have been ruled out. 19 In selecting any permanency goal, the court shall 20 indicate in writing the reasons the goal was selected and why 21 the preceding goals were ruled out. If the court has selected 22 a permanency goal other than (A) or (B) the Department of 23 Children and Family Services shall not provide further 24 reunification services, but shall provide services consistent 25 with the goal selected. 26 The court shall consider the following factors when 27 setting the permanency goal: 28 (i) Age of the child. 29 (ii) Options available for permanence. 30 (iii) Current placement of the child and the intent 31 of the family regarding adoption. 32 (iv) Emotional, physical, and mental status or 33 condition of the child. 34 (v) Types of services previously offered and SB1099 Enrolled -31- LRB9003541RCks 1 whether or not the services were successful and, if not 2 successful, the reasons the services failed. 3 (vi) Availability of services currently needed and 4 whether the services exist. 5 (vii) Status of siblings of the minor. 6 (3) The court shall consider (i) the permanency goal 7 contained in the case plan, (ii) the appropriateness of the 8 services contained in the plan and whether those services 9 have been provided, (iii) whether reasonable efforts have 10 been made by all the parties to the service plan to achieve 11 the goal, and (iv) whether the plan and goal have been 12 achieved. 13 (4) All evidence relevant to determining these 14 questions, including oral and written reports, may be 15 admitted and may be relied on to the extent of their 16 probative value. 17 (d) If the goal has been achieved, the court shall enter 18 orders that are necessary to conform the minor's legal 19 custody and status to those findings. 20 If, after receiving evidence, the court determines that 21 the services contained in the plan are not reasonably 22 calculated to facilitate achievement of the permanency goal, 23 the court shall put in writing the factual basis supporting 24 the determination and enter specific findings based on the 25 evidence. The court also shall enter an order for the 26 Department to develop and implement a new service plan or to 27 implement changes to the current service plan consistent with 28 the court's findings. The new service plan shall be filed 29 with the court and served on all parties within 45 days after 30 the date of the order. The court shall continue the matter 31 until the new service plan is filed. Unless otherwise 32 specifically authorized by law, the court is not empowered 33 under this subsection (d) or under subsection (c) or (e) to 34 order specific placements, specific services, or specific SB1099 Enrolled -32- LRB9003541RCks 1 service providers to be included in the plan. 2 A guardian or custodian appointed by the court pursuant 3 to this Act shall file updated case plans with the court 4 every 6 months. 5 Rights of wards of the court under this Act are 6 enforceable against any public agency by complaints for 7 relief by mandamus filed in any proceedings brought under 8 this Act. 9 (e) Following the permanency hearing, the court shall 10 enter an order setting forth the following determinations in 11 writing: 12 (1) The future status of the minor, including the 13 permanency goal, and any orders necessary to conform the 14 minor's legal custody and status to the determination; or 15 (2) if the permanency goal of the minor cannot be 16 achieved immediately, the specific reasons for continuing 17 the minor in the care of the Department of Children and 18 Family Services or other agency for short term placement, 19 and the following determinations: 20 (A) Whether the services required by the court 21 and by any service plan prepared within the prior 6 22 months have been provided and (i) if so, whether the 23 services were reasonably calculated to facilitate 24 the achievement of the permanency goal or (ii) if 25 not provided, why the services were not provided. 26 (B) Whether the minor's placement is 27 necessary, and appropriate to the plan and goal, 28 recognizing the right of minors to the least 29 restrictive (most family-like) setting available and 30 in close proximity to the parents' home consistent 31 with the best interest and special needs of the 32 minor and, if the minor is placed out-of-State, 33 whether the out-of-State placement continues to be 34 appropriate and in the best interest of the minor. SB1099 Enrolled -33- LRB9003541RCks 1 Any order entered pursuant to this subsection (e) shall 2 be immediately appealable as a matter of right under Supreme 3 Court Rule 304(b)(1). 4 (f) The minor or any person interested in the minor may 5 apply to the court for a change in custody of the minor and 6 the appointment of a new custodian or guardian of the person 7 or for the restoration of the minor to the custody of his or 8 her parents or former guardian or custodian. However, 9 custody of the minor shall not be restored to any parent, 10 guardian, or legal custodian in any case in which the minor 11 is found to be neglected or abused under Section 2-3 of this 12 Act, unless it is in the best interest of the minor, and if 13 the neglect or abuse is found by the court under paragraph 14 (2) of Section 2-21 of this Act to be the result of physical 15 abuse inflicted on the minor by the parent, guardian, or 16 legal custodian, until such time as an investigation is made 17 as provided in paragraph (g) and a hearing is held on the 18 issue of the fitness of the parent, guardian, or legal 19 custodian to care for the minor and the court enters an order 20 that the parent, guardian, or legal custodian is fit to care 21 for the minor. In the event that the minor has attained 18 22 years of age and the guardian or custodian petitions the 23 court for an order terminating his or her guardianship or 24 custody, guardianship or custody shall terminate 25 automatically 30 days after the receipt of the petition 26 unless the court orders otherwise. No legal custodian or 27 guardian of the person may be removed without his or her 28 consent until given notice and an opportunity to be heard by 29 the court. 30 (g) Whenever a parent, guardian, or legal custodian 31 petitions for restoration of custody of the minor, and the 32 minor was adjudicated neglected or abused as a result of 33 physical abuse, the court shall cause to be made an 34 investigation as to whether the petitioner has ever been SB1099 Enrolled -34- LRB9003541RCks 1 charged with or convicted of any criminal offense that would 2 indicate the likelihood of any further physical abuse to the 3 minor. Evidence of these criminal convictions shall be taken 4 into account in determining fitness of the parent, guardian, 5 or legal custodian. 6 (1) Any agency of this State or any subdivision of 7 the State shall cooperate with the agent of the court in 8 providing any information sought in the investigation. 9 (2) The information derived from the investigation 10 and any conclusions or recommendations derived from the 11 information shall be provided to the parent, guardian, or 12 legal custodian seeking restoration of custody prior to 13 the hearing on fitness and the petitioner shall have an 14 opportunity at the hearing to refute the information or 15 contest its significance. 16 (3) All information obtained from any investigation 17 shall be confidential as provided in Section 1-10 of this 18 Act. 19 (705 ILCS 405/2-28.1) 20 Sec. 2-28.1. Permanency hearings; before hearing 21 officers. 22 (a) The chief judge of the circuit court may appoint 23 hearing officers to conduct the permanency hearings set forth 24 in subsection (2) of Section 2-28 or subsection (c) of 25 Section 2-28.01 of this Act, in accordance with the 26 provisions of this Section. The hearing officers shall be 27 attorneys with at least 3 years experience in child abuse and 28 neglect or permanency planning ,and in counties with a 29 population of 3,000,000 or more, admitted to practice for at 30 least 7 years. ,Once trained by the court, hearing officers 31 shall be authorized to do the following: 32 (1) Conduct a fair and impartial hearing in which33 the strict rules of evidence need not apply. SB1099 Enrolled -35- LRB9003541RCks 1 (2) Summon and compel the attendance of witnesses. 2 (3) Administer the oath or affirmation and take 3 testimony under oath or affirmation. 4 (4) Require the production of evidence relevant to 5 the permanency hearing to be conducted. That evidence 6 may include, but need not be limited to case plans, 7 social histories, medical and psychological evaluations, 8 child placement histories, visitation records, and other 9 documents and writings applicable to those items. 10 (5) Rule on the admissibility of evidence using the 11 standard applied at a dispositional hearing under Section 12 2-22 of this Act or other information. 13 (6) When necessary, cause notices to be issued 14 requiring parties, the public agency that is custodian or 15 guardian of the minor, or another agency responsible for 16 the minor's care to appear either before the hearing 17 officer or in court. 18 (7) Analyze the evidence presented to the hearing 19 officer and prepare written recommended orders, including 20 findings of fact, based on the evidence. 21 (8) Prior to the hearing, conduct any pre-hearings 22 that may be necessary. 23 (9) Conduct in camera interviews with children when 24 requested by a child or the child's guardian ad litem. 25 In counties with a population of 3,000,000 or more, 26 hearing officers shall also be authorized to do the 27 following: 28 (1) Accept specific consents for adoption or 29 surrenders of parental rights from a parent or parents. 30 (2) Conduct hearings on the progress made toward 31 the permanency goal set for the minor. 32 (3) Perform other duties as assigned by the court. 33 (b) The hearing officer shall consider evidence and 34 conduct the permanency hearings as set forth in subsections SB1099 Enrolled -36- LRB9003541RCks 1 (2) and (3) of Section 2-28 or subsection (c) of Section 2 2-28.01 of this Act in accordance with the standards set 3 forth therein. The hearing officer shall assure that a 4 verbatim record of the proceedings is made and retained for a 5 period of 12 months or until the next permanency hearing, 6 whichever date is later, and shall direct to the clerk of the 7 court preserveall documents and evidence for the record to 8 be made part of the court file. The hearing officer shall 9 inform the participants of their individual rights and 10 responsibilities. The hearing officer shall identify the 11 issues to be reviewed under subsection (2) of Section 2-28 or 12 subsection (c) of Section 2-28.01, consider all relevant 13 facts, and receive or request any additional information 14 necessary to make recommendations to the court. If a party 15 fails to appear at the hearing, the hearing officer may 16 proceed to the permanency hearing with the parties present at 17 the hearing. The hearing officer shall specifically note for 18 the court the absence of any parties. If all parties are 19 present at the permanency hearing, and the parties and the 20 Department are in agreement that the service plan and 21 permanency goal are appropriate or are in agreement that the 22 permanency goal for the child has been achieved, the hearing 23 officer shall prepare a recommended order, including findings 24 of fact, to be submitted to the court, and all parties and 25 the Department shall sign the recommended order at the time 26 of the hearing. The recommended order will then be submitted 27 to the court for its immediate consideration and the entry of 28 an appropriate order. 29 The court may enter an order consistent with the 30 recommended order without further hearing or notice to the 31 parties, may refer the matter to the hearing officer for 32 further proceedings, or may hold such additional hearings as 33 the court deems necessary. All parties present at the 34 hearing and the Department shall be tendered a copy of the SB1099 Enrolled -37- LRB9003541RCks 1 court's order at the conclusion of the hearing. 2 (c) If one or more parties are not present at the 3 permanency hearing, or any party or the Department of 4 Children and Family Services objects to the hearing officer's 5 recommended order, including any findings of fact, the 6 hearing officer shall set the matter for a judicial 7 determination within 30 days of the permanency hearing for 8 the entry of the recommended order or for receipt of the 9 parties' objections. Any objections shall identify the 10 specific findings or recommendations that are contested, the 11 basis for the objections, and the evidence or applicable law 12 supporting the objection. The hearing officer shall mail a13 copy of the recommended order to any non-attending parties,14 together with a notice of the date and place of the judicial15 determination and the right of the parties to present at that16 time objections consistent with this subsection.The 17 recommended order and its contents may not be disclosed to 18 anyone other than the parties and the Department or other 19 agency unless otherwise specifically ordered by a judge of 20 the court. 21 Following the receipt of objections consistent with this 22 subsection from any party or the Department of Children and 23 Family Services to the hearing officer's recommended orders, 24 the court shall make a judicial determination of those 25 portions of the order to which objections were made, and 26 shall enter an appropriate order. The court may refuse to 27 review any objections that fail to meet the requirements of 28 this subsection. 29 (d) The following are judicial functions and shall be 30 performed only by a circuit judge or associate judge: 31 (1) Review of the recommended orders of the hearing 32 officer and entry of orders the court deems appropriate. 33 (2) Conduct of judicial hearings on all pre-hearing 34 motions and other matters that require a court order and SB1099 Enrolled -38- LRB9003541RCks 1 entry of orders as the court deems appropriate. 2 (3) Conduct of judicial determinations on all 3 matters in which the parties or the Department of 4 Children and Family Services disagree with the hearing 5 officer's recommended orders under subsection (3). 6 (4) Issuance of rules to show cause, conduct of 7 contempt proceedings, and imposition of appropriate 8 sanctions or relief. 9 (Source: P.A. 89-17, eff. 5-31-95.) 10 Section 99. Effective date. This Act takes effect 11 September 1, 1997.
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