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90_SB1339enr
325 ILCS 5/1 from Ch. 23, par. 2051
Amends the Abused and Neglected Child Reporting Act.
Makes a stylistic change in provisions regarding how the Act
is to be cited.
LRB9011267SMpk
SB1339 Enrolled LRB9011267SMpk
1 AN ACT regarding children, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Children and Family Services Act is
5 amended by changing Sections 5, 7, and 8 and by adding
6 Section 5c as follows:
7 (20 ILCS 505/5) (from Ch. 23, par. 5005)
8 Sec. 5. Direct child welfare services; Department of
9 Children and Family Services. To provide direct child welfare
10 services when not available through other public or private
11 child care or program facilities.
12 (a) For purposes of this Section:
13 (1) "Children" means persons found within the State
14 who are under the age of 18 years. The term also
15 includes persons under age 19 who:
16 (A) were committed to the Department pursuant
17 to the Juvenile Court Act or the Juvenile Court Act
18 of 1987, as amended, prior to the age of 18 and who
19 continue under the jurisdiction of the court; or
20 (B) were accepted for care, service and
21 training by the Department prior to the age of 18
22 and whose best interest in the discretion of the
23 Department would be served by continuing that care,
24 service and training because of severe emotional
25 disturbances, physical disability, social adjustment
26 or any combination thereof, or because of the need
27 to complete an educational or vocational training
28 program.
29 (2) "Homeless youth" means persons found within the
30 State who are under the age of 19, are not in a safe and
31 stable living situation and cannot be reunited with their
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1 families.
2 (3) "Child welfare services" means public social
3 services which are directed toward the accomplishment of
4 the following purposes:
5 (A) protecting and promoting the health,
6 safety and welfare of children, including homeless,
7 dependent or neglected children;
8 (B) remedying, or assisting in the solution of
9 problems which may result in, the neglect, abuse,
10 exploitation or delinquency of children;
11 (C) preventing the unnecessary separation of
12 children from their families by identifying family
13 problems, assisting families in resolving their
14 problems, and preventing the breakup of the family
15 where the prevention of child removal is desirable
16 and possible when the child can be cared for at home
17 without endangering the child's health and safety;
18 (D) restoring to their families children who
19 have been removed, by the provision of services to
20 the child and the families when the child can be
21 cared for at home without endangering the child's
22 health and safety;
23 (E) placing children in suitable adoptive
24 homes, in cases where restoration to the biological
25 family is not safe, possible or appropriate;
26 (F) assuring safe and adequate care of
27 children away from their homes, in cases where the
28 child cannot be returned home or cannot be placed
29 for adoption. At the time of placement, the
30 Department shall consider concurrent planning, as
31 described in subsection (l-1) of this Section so
32 that permanency may occur at the earliest
33 opportunity. Consideration should be given so that
34 if reunification fails or is delayed, the placement
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1 made is the best available placement to provide
2 permanency for the child;
3 (G) (blank);
4 (H) (blank); and
5 (I) placing and maintaining children in
6 facilities that provide separate living quarters for
7 children under the age of 18 and for children 18
8 years of age and older, unless a child 18 years of
9 age is in the last year of high school education or
10 vocational training, in an approved individual or
11 group treatment program, or in a licensed shelter
12 facility, or secure child care facility. The
13 Department is not required to place or maintain
14 children:
15 (i) who are in a foster home, or
16 (ii) who are persons with a developmental
17 disability, as defined in the Mental Health and
18 Developmental Disabilities Code, or
19 (iii) who are female children who are
20 pregnant, pregnant and parenting or parenting,
21 or
22 (iv) who are siblings,
23 in facilities that provide separate living quarters
24 for children 18 years of age and older and for
25 children under 18 years of age.
26 (b) Nothing in this Section shall be construed to
27 authorize the expenditure of public funds for the purpose of
28 performing abortions.
29 (c) The Department shall establish and maintain
30 tax-supported child welfare services and extend and seek to
31 improve voluntary services throughout the State, to the end
32 that services and care shall be available on an equal basis
33 throughout the State to children requiring such services.
34 (d) The Director may authorize advance disbursements for
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1 any new program initiative to any agency contracting with the
2 Department. As a prerequisite for an advance disbursement,
3 the contractor must post a surety bond in the amount of the
4 advance disbursement and have a purchase of service contract
5 approved by the Department. The Department may pay up to 2
6 months operational expenses in advance. The amount of the
7 advance disbursement shall be prorated over the life of the
8 contract or the remaining months of the fiscal year,
9 whichever is less, and the installment amount shall then be
10 deducted from future bills. Advance disbursement
11 authorizations for new initiatives shall not be made to any
12 agency after that agency has operated during 2 consecutive
13 fiscal years. The requirements of this Section concerning
14 advance disbursements shall not apply with respect to the
15 following: payments to local public agencies for child day
16 care services as authorized by Section 5a of this Act; and
17 youth service programs receiving grant funds under Section
18 17a-4.
19 (e) (Blank).
20 (f) (Blank).
21 (g) The Department shall establish rules and regulations
22 concerning its operation of programs designed to meet the
23 goals of child safety and protection, family preservation,
24 family reunification, and adoption, including but not limited
25 to:
26 (1) adoption;
27 (2) foster care;
28 (3) family counseling;
29 (4) protective services;
30 (5) (blank);
31 (6) homemaker service;
32 (7) return of runaway children;
33 (8) (blank);
34 (9) placement under Section 5-7 of the Juvenile
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1 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
2 Juvenile Court Act of 1987 in accordance with the federal
3 Adoption Assistance and Child Welfare Act of 1980; and
4 (10) interstate services.
5 Rules and regulations established by the Department shall
6 include provisions for training Department staff and the
7 staff of Department grantees, through contracts with other
8 agencies or resources, in alcohol and drug abuse screening
9 techniques to identify children and adults who should be
10 referred to an alcohol and drug abuse treatment program for
11 professional evaluation.
12 (h) If the Department finds that there is no appropriate
13 program or facility within or available to the Department for
14 a ward and that no licensed private facility has an adequate
15 and appropriate program or none agrees to accept the ward,
16 the Department shall create an appropriate individualized,
17 program-oriented plan for such ward. The plan may be
18 developed within the Department or through purchase of
19 services by the Department to the extent that it is within
20 its statutory authority to do.
21 (i) Service programs shall be available throughout the
22 State and shall include but not be limited to the following
23 services:
24 (1) case management;
25 (2) homemakers;
26 (3) counseling;
27 (4) parent education;
28 (5) day care; and
29 (6) emergency assistance and advocacy.
30 In addition, the following services may be made available
31 to assess and meet the needs of children and families:
32 (1) comprehensive family-based services;
33 (2) assessments;
34 (3) respite care; and
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1 (4) in-home health services.
2 The Department shall provide transportation for any of
3 the services it makes available to children or families or
4 for which it refers children or families.
5 (j) The Department may provide categories of financial
6 assistance and education assistance grants, and shall
7 establish rules and regulations concerning the assistance and
8 grants, to persons who adopt physically or mentally
9 handicapped, older and other hard-to-place children who (i)
10 immediately prior to their adoption were legal wards of the
11 Department or (ii) were determined eligible for financial
12 assistance with respect to a prior adoption and who become
13 available for adoption because the prior adoption has been
14 dissolved and the parental rights of the adoptive parents
15 have been terminated or because the child's adoptive parents
16 have died. The Department may also provide categories of
17 financial assistance and education assistance grants, and
18 shall establish rules and regulations for the assistance and
19 grants, to persons appointed guardian of the person under
20 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
21 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
22 who were wards of the Department for 12 months immediately
23 prior to the appointment of the successor guardian and for
24 whom the Department has set a goal of permanent family
25 placement with a foster family.
26 The amount of assistance may vary, depending upon the
27 needs of the child and the adoptive parents, as set forth in
28 the annual assistance agreement. Special purpose grants are
29 allowed where the child requires special service but such
30 costs may not exceed the amounts which similar services would
31 cost the Department if it were to provide or secure them as
32 guardian of the child.
33 Any financial assistance provided under this subsection
34 is inalienable by assignment, sale, execution, attachment,
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1 garnishment, or any other remedy for recovery or collection
2 of a judgment or debt.
3 (j-5) The Department shall not deny or delay the
4 placement of a child for adoption if an approved family is
5 available either outside of the Department region handling
6 the case, or outside of the State of Illinois.
7 (k) The Department shall accept for care and training
8 any child who has been adjudicated neglected or abused, or
9 dependent committed to it pursuant to the Juvenile Court Act
10 or the Juvenile Court Act of 1987.
11 (l) Before July 1, 2000, the Department may provide, and
12 beginning July 1, 2000, the Department shall offer family
13 preservation services, as defined in Section 8.2 of the
14 Abused and Neglected Child Reporting Act, to help families,
15 including adoptive and extended families. Family preservation
16 services shall be offered (i) to prevent the placement of
17 children in substitute care when the children can be cared
18 for at home or in the custody of the person responsible for
19 the children's welfare, (ii) to reunite children with their
20 families, or (iii) to maintain an adoptive placement. Family
21 preservation services shall only be offered when doing so
22 will not endanger the children's health or safety. With
23 respect to children who are in substitute care pursuant to
24 the Juvenile Court Act of 1987, family preservation services
25 shall not be offered if a goal other than those of
26 subdivisions (A), (B), or (B-1) of subsection (2) of Section
27 2-28 of that Act has been set provide, family preservation
28 services, as determined to be appropriate and in the child's
29 best interests and when the child will be safe and not be in
30 imminent risk of harm, to any family whose child has been
31 placed in substitute care, any persons who have adopted a
32 child and require post-adoption services, or any persons
33 whose child or children are at risk of being placed outside
34 their home as documented by an "indicated" report of
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1 suspected child abuse or neglect determined pursuant to the
2 Abused and Neglected Child Reporting Act. Nothing in this
3 paragraph shall be construed to create a private right of
4 action or claim on the part of any individual or child
5 welfare agency.
6 The Department shall notify the child and his family of
7 the Department's responsibility to offer and provide family
8 preservation services as identified in the service plan. The
9 child and his family shall be eligible for services as soon
10 as the report is determined to be "indicated". The
11 Department may offer services to any child or family with
12 respect to whom a report of suspected child abuse or neglect
13 has been filed, prior to concluding its investigation under
14 Section 7.12 of the Abused and Neglected Child Reporting Act.
15 However, the child's or family's willingness to accept
16 services shall not be considered in the investigation. The
17 Department may also provide services to any child or family
18 who is the subject of any report of suspected child abuse or
19 neglect or may refer such child or family to services
20 available from other agencies in the community, even if the
21 report is determined to be unfounded, if the conditions in
22 the child's or family's home are reasonably likely to subject
23 the child or family to future reports of suspected child
24 abuse or neglect. Acceptance of such services shall be
25 voluntary.
26 The Department may, at its discretion except for those
27 children also adjudicated neglected or dependent, accept for
28 care and training any child who has been adjudicated
29 addicted, as a truant minor in need of supervision or as a
30 minor requiring authoritative intervention, under the
31 Juvenile Court Act or the Juvenile Court Act of 1987, but no
32 such child shall be committed to the Department by any court
33 without the approval of the Department. A minor charged with
34 a criminal offense under the Criminal Code of 1961 or
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1 adjudicated delinquent shall not be placed in the custody of
2 or committed to the Department by any court, except a minor
3 less than 13 years of age committed to the Department under
4 Section 5-23 of the Juvenile Court Act of 1987.
5 (l-1) The legislature recognizes that the best interests
6 of the child require that the child be placed in the most
7 permanent living arrangement as soon as is practically
8 possible. To achieve this goal, the legislature directs the
9 Department of Children and Family Services to conduct
10 concurrent planning so that permanency may occur at the
11 earliest opportunity. Permanent living arrangements may
12 include prevention of placement of a child outside the home
13 of the family when the child can be cared for at home without
14 endangering the child's health or safety; reunification with
15 the family, when safe and appropriate, if temporary placement
16 is necessary; or movement of the child toward the most
17 permanent living arrangement and permanent legal status.
18 When determining reasonable efforts to be made with
19 respect to a child, as described in this subsection, and in
20 making such reasonable efforts, the child's health and safety
21 shall be the paramount concern.
22 When a child is placed in foster care, the Department
23 shall ensure and document that reasonable efforts were made
24 to prevent or eliminate the need to remove the child from the
25 child's home. The Department must make reasonable efforts to
26 reunify the family when temporary placement of the child
27 occurs unless otherwise required, pursuant to the Juvenile
28 Court Act of 1987 or must request a finding from the court
29 that reasonable efforts are not appropriate or have been
30 unsuccessful. At any time after the dispositional hearing
31 where the Department believes that further reunification
32 services would be ineffective, it may request a finding from
33 the court that reasonable efforts are no longer appropriate.
34 The Department is not required to provide further
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1 reunification services after such a finding.
2 A decision to place a child in substitute care shall be
3 made with considerations of the child's health, safety, and
4 best interests. At the time of placement, consideration
5 should also be given so that if reunification fails or is
6 delayed, the placement made is the best available placement
7 to provide permanency for the child.
8 The Department shall adopt rules addressing concurrent
9 planning for reunification and permanency. The Department
10 shall consider the following factors when determining
11 appropriateness of concurrent planning:
12 (1) the likelihood of prompt reunification;
13 (2) the past history of the family;
14 (3) the barriers to reunification being addressed
15 by the family;
16 (4) the level of cooperation of the family;
17 (5) the foster parents' willingness to work with
18 the family to reunite;
19 (6) the willingness and ability of the foster
20 family to provide an adoptive home or long-term
21 placement;
22 (7) the age of the child;
23 (8) placement of siblings.
24 (m) The Department may assume temporary custody of any
25 child if:
26 (1) it has received a written consent to such
27 temporary custody signed by the parents of the child or
28 by the parent having custody of the child if the parents
29 are not living together or by the guardian or custodian
30 of the child if the child is not in the custody of either
31 parent, or
32 (2) the child is found in the State and neither a
33 parent, guardian nor custodian of the child can be
34 located.
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1 If the child is found in his or her residence without a
2 parent, guardian, custodian or responsible caretaker, the
3 Department may, instead of removing the child and assuming
4 temporary custody, place an authorized representative of the
5 Department in that residence until such time as a parent,
6 guardian or custodian enters the home and expresses a
7 willingness and apparent ability to ensure the child's health
8 and safety and resume permanent charge of the child, or until
9 a relative enters the home and is willing and able to ensure
10 the child's health and safety and assume charge of the child
11 until a parent, guardian or custodian enters the home and
12 expresses such willingness and ability to ensure the child's
13 safety and resume permanent charge. After a caretaker has
14 remained in the home for a period not to exceed 12 hours, the
15 Department must follow those procedures outlined in Section
16 2-9, 3-11, 4-8 or 5-9 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
20 Court Act of 1987. Whenever a child is taken into temporary
21 custody pursuant to an investigation under the Abused and
22 Neglected Child Reporting Act, or pursuant to a referral and
23 acceptance under the Juvenile Court Act of 1987 of a minor in
24 limited custody, the Department, during the period of
25 temporary custody and before the child is brought before a
26 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
27 of the Juvenile Court Act of 1987, shall have the authority,
28 responsibilities and duties that a legal custodian of the
29 child would have under subsection (9) of Section 1-3 of the
30 Juvenile Court Act of 1987.
31 The Department shall ensure that any child taken into
32 custody is scheduled for an appointment for a medical
33 examination.
34 A parent, guardian or custodian of a child in the
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1 temporary custody of the Department who would have custody of
2 the child if he were not in the temporary custody of the
3 Department may deliver to the Department a signed request
4 that the Department surrender the temporary custody of the
5 child. The Department may retain temporary custody of the
6 child for 10 days after the receipt of the request, during
7 which period the Department may cause to be filed a petition
8 pursuant to the Juvenile Court Act of 1987. If a petition is
9 so filed, the Department shall retain temporary custody of
10 the child until the court orders otherwise. If a petition is
11 not filed within the 10 day period, the child shall be
12 surrendered to the custody of the requesting parent, guardian
13 or custodian not later than the expiration of the 10 day
14 period, at which time the authority and duties of the
15 Department with respect to the temporary custody of the child
16 shall terminate.
17 (m-1) The Department may place children under 18 years
18 of age in a secure child care facility licensed by the
19 Department that cares for children who are in need of secure
20 living arrangements for their health, safety, and well-being
21 after a determination is made by the facility director and
22 the Director or the Director's designate prior to admission
23 to the facility subject to Section 2-27.1 of the Juvenile
24 Court Act of 1987. This subsection (m-1) does not apply to a
25 child who is subject to placement in a correctional facility
26 operated pursuant to Section 3-15-2 of the Unified Code of
27 Corrections.
28 (n) The Department may place children under 18 years of
29 age in licensed child care facilities when in the opinion of
30 the Department, appropriate services aimed at family
31 preservation have been unsuccessful and cannot ensure the
32 child's health and safety or are unavailable and such
33 placement would be for their best interest. Payment for
34 board, clothing, care, training and supervision of any child
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1 placed in a licensed child care facility may be made by the
2 Department, by the parents or guardians of the estates of
3 those children, or by both the Department and the parents or
4 guardians, except that no payments shall be made by the
5 Department for any child placed in a licensed child care
6 facility for board, clothing, care, training and supervision
7 of such a child that exceed the average per capita cost of
8 maintaining and of caring for a child in institutions for
9 dependent or neglected children operated by the Department.
10 However, such restriction on payments does not apply in cases
11 where children require specialized care and treatment for
12 problems of severe emotional disturbance, physical
13 disability, social adjustment, or any combination thereof and
14 suitable facilities for the placement of such children are
15 not available at payment rates within the limitations set
16 forth in this Section. All reimbursements for services
17 delivered shall be absolutely inalienable by assignment,
18 sale, attachment, garnishment or otherwise.
19 (o) The Department shall establish an administrative
20 review and appeal process for children and families who
21 request or receive child welfare services from the
22 Department. Children who are wards of the Department and are
23 placed by private child welfare agencies, and foster families
24 with whom those children are placed, shall be afforded the
25 same procedural and appeal rights as children and families in
26 the case of placement by the Department, including the right
27 to an initial review of a private agency decision by that
28 agency. The Department shall insure that any private child
29 welfare agency, which accepts wards of the Department for
30 placement, affords those rights to children and foster
31 families. The Department shall accept for administrative
32 review and an appeal hearing a complaint made by (i) a child
33 or foster family concerning a decision following an initial
34 review by a private child welfare agency or (ii) a
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1 prospective adoptive parent who alleges a violation of
2 subsection (j-5) of this Section. An appeal of a decision
3 concerning a change in the placement of a child shall be
4 conducted in an expedited manner.
5 (p) There is hereby created the Department of Children
6 and Family Services Emergency Assistance Fund from which the
7 Department may provide special financial assistance to
8 families which are in economic crisis when such assistance is
9 not available through other public or private sources and the
10 assistance is deemed necessary to prevent dissolution of the
11 family unit or to reunite families which have been separated
12 due to child abuse and neglect. The Department shall
13 establish administrative rules specifying the criteria for
14 determining eligibility for and the amount and nature of
15 assistance to be provided. The Department may also enter
16 into written agreements with private and public social
17 service agencies to provide emergency financial services to
18 families referred by the Department. Special financial
19 assistance payments shall be available to a family no more
20 than once during each fiscal year and the total payments to a
21 family may not exceed $500 during a fiscal year.
22 (q) The Department may receive and use, in their
23 entirety, for the benefit of children any gift, donation or
24 bequest of money or other property which is received on
25 behalf of such children, or any financial benefits to which
26 such children are or may become entitled while under the
27 jurisdiction or care of the Department.
28 The Department shall set up and administer no-cost,
29 interest-bearing savings accounts in appropriate financial
30 institutions ("individual accounts") for children for whom
31 the Department is legally responsible and who have been
32 determined eligible for Veterans' Benefits, Social Security
33 benefits, assistance allotments from the armed forces, court
34 ordered payments, parental voluntary payments, Supplemental
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1 Security Income, Railroad Retirement payments, Black Lung
2 benefits, or other miscellaneous payments. Interest earned
3 by each individual account shall be credited to the account,
4 unless disbursed in accordance with this subsection.
5 In disbursing funds from children's individual accounts,
6 the Department shall:
7 (1) Establish standards in accordance with State
8 and federal laws for disbursing money from children's
9 individual accounts. In all circumstances, the
10 Department's "Guardianship Administrator" or his or her
11 designee must approve disbursements from children's
12 individual accounts. The Department shall be responsible
13 for keeping complete records of all disbursements for
14 each individual account for any purpose.
15 (2) Calculate on a monthly basis the amounts paid
16 from State funds for the child's board and care, medical
17 care not covered under Medicaid, and social services; and
18 utilize funds from the child's individual account, as
19 covered by regulation, to reimburse those costs.
20 Monthly, disbursements from all children's individual
21 accounts, up to 1/12 of $13,000,000, shall be deposited
22 by the Department into the General Revenue Fund and the
23 balance over 1/12 of $13,000,000 into the DCFS Children's
24 Services Fund.
25 (3) Maintain any balance remaining after
26 reimbursing for the child's costs of care, as specified
27 in item (2). The balance shall accumulate in accordance
28 with relevant State and federal laws and shall be
29 disbursed to the child or his or her guardian, or to the
30 issuing agency.
31 (r) The Department shall promulgate regulations
32 encouraging all adoption agencies to voluntarily forward to
33 the Department or its agent names and addresses of all
34 persons who have applied for and have been approved for
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1 adoption of a hard-to-place or handicapped child and the
2 names of such children who have not been placed for adoption.
3 A list of such names and addresses shall be maintained by the
4 Department or its agent, and coded lists which maintain the
5 confidentiality of the person seeking to adopt the child and
6 of the child shall be made available, without charge, to
7 every adoption agency in the State to assist the agencies in
8 placing such children for adoption. The Department may
9 delegate to an agent its duty to maintain and make available
10 such lists. The Department shall ensure that such agent
11 maintains the confidentiality of the person seeking to adopt
12 the child and of the child.
13 (s) The Department of Children and Family Services may
14 establish and implement a program to reimburse Department and
15 private child welfare agency foster parents licensed by the
16 Department of Children and Family Services for damages
17 sustained by the foster parents as a result of the malicious
18 or negligent acts of foster children, as well as providing
19 third party coverage for such foster parents with regard to
20 actions of foster children to other individuals. Such
21 coverage will be secondary to the foster parent liability
22 insurance policy, if applicable. The program shall be funded
23 through appropriations from the General Revenue Fund,
24 specifically designated for such purposes.
25 (t) The Department shall perform home studies and
26 investigations and shall exercise supervision over visitation
27 as ordered by a court pursuant to the Illinois Marriage and
28 Dissolution of Marriage Act or the Adoption Act only if:
29 (1) an order entered by an Illinois court
30 specifically directs the Department to perform such
31 services; and
32 (2) the court has ordered one or both of the
33 parties to the proceeding to reimburse the Department for
34 its reasonable costs for providing such services in
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1 accordance with Department rules, or has determined that
2 neither party is financially able to pay.
3 The Department shall provide written notification to the
4 court of the specific arrangements for supervised visitation
5 and projected monthly costs within 60 days of the court
6 order. The Department shall send to the court information
7 related to the costs incurred except in cases where the court
8 has determined the parties are financially unable to pay. The
9 court may order additional periodic reports as appropriate.
10 (u) Whenever the Department places a child in a licensed
11 foster home, group home, child care institution, or in a
12 relative home, the Department shall provide to the caretaker:
13 (1) available detailed information concerning the
14 child's educational and health history, copies of
15 immunization records (including insurance and medical
16 card information), a history of the child's previous
17 placements, if any, and reasons for placement changes
18 excluding any information that identifies or reveals the
19 location of any previous caretaker;
20 (2) a copy of the child's portion of the client
21 service plan, including any visitation arrangement, and
22 all amendments or revisions to it as related to the
23 child; and
24 (3) information containing details of the child's
25 individualized educational plan when the child is
26 receiving special education services.
27 The caretaker shall be informed of any known social or
28 behavioral information (including, but not limited to,
29 criminal background, fire setting, perpetuation of sexual
30 abuse, destructive behavior, and substance abuse) necessary
31 to care for and safeguard the child.
32 (u-5) Effective July 1, 1995, only foster care
33 placements licensed as foster family homes pursuant to the
34 Child Care Act of 1969 shall be eligible to receive foster
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1 care payments from the Department. Relative caregivers who,
2 as of July 1, 1995, were approved pursuant to approved
3 relative placement rules previously promulgated by the
4 Department at 89 Ill. Adm. Code 335 and had submitted an
5 application for licensure as a foster family home may
6 continue to receive foster care payments only until the
7 Department determines that they may be licensed as a foster
8 family home or that their application for licensure is denied
9 or until September 30, 1995, whichever occurs first.
10 (v) The Department shall access criminal history record
11 information as defined in the Illinois Uniform Conviction
12 Information Act and information maintained in the
13 adjudicatory and dispositional record system as defined in
14 subdivision (A)19 of Section 55a of the Civil Administrative
15 Code of Illinois if the Department determines the information
16 is necessary to perform its duties under the Abused and
17 Neglected Child Reporting Act, the Child Care Act of 1969,
18 and the Children and Family Services Act. The Department
19 shall provide for interactive computerized communication and
20 processing equipment that permits direct on-line
21 communication with the Department of State Police's central
22 criminal history data repository. The Department shall
23 comply with all certification requirements and provide
24 certified operators who have been trained by personnel from
25 the Department of State Police. In addition, one Office of
26 the Inspector General investigator shall have training in the
27 use of the criminal history information access system and
28 have access to the terminal. The Department of Children and
29 Family Services and its employees shall abide by rules and
30 regulations established by the Department of State Police
31 relating to the access and dissemination of this information.
32 (w) Within 120 days of August 20, 1995 (the effective
33 date of Public Act 89-392), the Department shall prepare and
34 submit to the Governor and the General Assembly, a written
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1 plan for the development of in-state licensed secure child
2 care facilities that care for children who are in need of
3 secure living arrangements for their health, safety, and
4 well-being. For purposes of this subsection, secure care
5 facility shall mean a facility that is designed and operated
6 to ensure that all entrances and exits from the facility, a
7 building or a distinct part of the building, are under the
8 exclusive control of the staff of the facility, whether or
9 not the child has the freedom of movement within the
10 perimeter of the facility, building, or distinct part of the
11 building. The plan shall include descriptions of the types
12 of facilities that are needed in Illinois; the cost of
13 developing these secure care facilities; the estimated number
14 of placements; the potential cost savings resulting from the
15 movement of children currently out-of-state who are projected
16 to be returned to Illinois; the necessary geographic
17 distribution of these facilities in Illinois; and a proposed
18 timetable for development of such facilities.
19 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
20 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
21 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
22 revised 10-20-97.)
23 (20 ILCS 505/5c new)
24 Sec. 5c. Direct child welfare service employee license.
25 By January 1, 2000, the Department, in consultation with
26 private child welfare agencies, shall develop and implement a
27 direct child welfare service employee license. By January 1,
28 2001 all child protective investigators and supervisors and
29 child welfare specialists and supervisors employed by the
30 Department or its contractors shall be required to
31 demonstrate sufficient knowledge and skills to obtain and
32 maintain the license. The Department shall have the
33 authority to revoke or suspend the license of anyone who
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1 after a hearing is found to be guilty of misfeasance. The
2 Department shall promulgate such rules as necessary to
3 implement this Section.
4 On or before January 1, 2000, and every year thereafter,
5 the Department shall submit an annual report to the General
6 Assembly on the implementation of this Section.
7 (20 ILCS 505/7) (from Ch. 23, par. 5007)
8 Sec. 7. Placement of children; considerations.
9 (a) In placing any child under this Act, the Department
10 shall place such child, as far as possible, in the care and
11 custody of some individual holding the same religious belief
12 as the parents of the child, or with some child care facility
13 which is operated by persons of like religious faith as the
14 parents of such child.
15 (b) In placing a child under this Act, the Department
16 may place a child with a relative if the Department has
17 reason to believe that the relative will be able to
18 adequately provide for the child's safety and welfare. The
19 Department may not place a child with a relative, with the
20 exception of certain circumstances which may be waived as
21 defined by the Department in rules, if the results of a check
22 of the Law Enforcement Agency Data System (LEADS) identifies
23 a prior criminal conviction of the relative or any adult
24 member of the relative's household for any of the following
25 offenses under the Criminal Code of 1961:
26 (1) murder;
27 (1.1) solicitation of murder;
28 (1.2) solicitation of murder for hire;
29 (1.3) intentional homicide of an unborn child;
30 (1.4) voluntary manslaughter of an unborn child;
31 (1.5) involuntary manslaughter;
32 (1.6) reckless homicide;
33 (1.7) concealment of a homicidal death;
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1 (1.8) involuntary manslaughter of an unborn child;
2 (1.9) reckless homicide of an unborn child;
3 (1.10) drug-induced homicide;
4 (2) a sex offense under Article 11, except offenses
5 described in Sections 11-7, 11-8, 11-12, and 11-13;
6 (3) kidnapping;
7 (3.1) aggravated unlawful restraint;
8 (3.2) forcible detention;
9 (3.3) aiding and abetting child abduction;
10 (4) aggravated kidnapping;
11 (5) child abduction;
12 (6) aggravated battery of a child;
13 (7) criminal sexual assault;
14 (8) aggravated criminal sexual assault;
15 (8.1) predatory criminal sexual assault of a child;
16 (9) criminal sexual abuse;
17 (10) aggravated sexual abuse;
18 (11) heinous battery;
19 (12) aggravated battery with a firearm;
20 (13) tampering with food, drugs, or cosmetics;
21 (14) drug-induced infliction of great bodily harm;
22 (15) aggravated stalking;
23 (16) home invasion;
24 (17) vehicular invasion;
25 (18) criminal transmission of HIV;
26 (19) criminal neglect of an elderly or disabled
27 person;
28 (20) child abandonment;
29 (21) endangering the life or health of a child;
30 (22) ritual mutilation;
31 (23) ritualized abuse of a child;
32 (24) an offense in any other state the elements of
33 which are similar and bear a substantial relationship to
34 any of the foregoing offenses.
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1 For the purpose of this subsection, "relative" shall include
2 any person, 21 years of age or over, other than the parent,
3 who (i) is currently related to the child in any of the
4 following ways by blood or adoption: grandparent, sibling,
5 great-grandparent, uncle, aunt, nephew, niece, first cousin,
6 great-uncle, or great-aunt; or (ii) is the spouse of such a
7 relative; or (iii) is the child's step-father, step-mother,
8 or adult step-brother or step-sister; "relative" also
9 includes a person related in any of the foregoing ways to a
10 sibling of a child, even though the person is not related to
11 the child, when the child and its sibling are placed together
12 with that person. A relative with whom a child is placed
13 pursuant to this subsection may, but is not required to,
14 apply for licensure as a foster family home pursuant to the
15 Child Care Act of 1969; provided, however, that as of July 1,
16 1995, foster care payments shall be made only to licensed
17 foster family homes pursuant to the terms of Section 5 of
18 this Act.
19 (c) In placing a child under this Act, the Department
20 shall ensure that the child's health, safety, and best
21 interests are met by giving due, not sole, consideration to
22 the child's race or ethnic heritage in making a family foster
23 care placement. The Department shall consider the individual
24 needs cultural, ethnic, or racial background of the child and
25 the capacity of the prospective foster or adoptive parents to
26 meet the needs of a child of this background as one of a
27 number of factors used to determine the best interests of the
28 child. The Department shall make special efforts for the
29 diligent recruitment of potential foster and adoptive
30 families that reflect the ethnic and racial diversity of the
31 children for whom foster and adoptive homes are needed.
32 "Special efforts" shall include contacting and working with
33 community organizations and religious organizations and may
34 include contracting with those organizations, utilizing local
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1 media and other local resources, and conducting outreach
2 activities.
3 (c-1) At the time of placement, the Department shall
4 consider concurrent planning, as described in subsection
5 (l-1) of Section 5, so that permanency may occur at the
6 earliest opportunity. Consideration should be given so that
7 if reunification fails or is delayed, the placement made is
8 the best available placement to provide permanency for the
9 child.
10 (d) The Department may accept gifts, grants, offers of
11 services, and other contributions to use in making special
12 recruitment efforts.
13 (e) The Department in placing children in adoptive or
14 foster care homes may not, in any policy or practice relating
15 to the placement of children for adoption or foster care,
16 discriminate against any child or prospective adoptive or
17 foster parent on the basis of race.
18 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
19 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96; 90-27,
20 eff. 1-1-98; 90-28, eff. 1-1-98.)
21 (20 ILCS 505/8) (from Ch. 23, par. 5008)
22 Sec. 8. Scholarships and fee waivers. Each year the
23 Department may select from among the children under care, or
24 children formerly under care who have been adopted or are in
25 the subsidized guardianship program, a maximum of 48 24
26 students, (at least 4 of whom shall be children of veterans),
27 who have completed 4 years in an accredited high school; the
28 children selected who shall be eligible for scholarships and
29 fee waivers which will entitle them to 4 consecutive years of
30 community college, university, or college education.
31 Selection shall be made on the basis of scholastic record,
32 aptitude, and general interest in higher education. In
33 accordance with this Act, tuition scholarships and fee
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1 waivers shall be available to such students at any university
2 or college maintained by the State of Illinois. The
3 Department shall provide maintenance and school expenses,
4 except tuition and fees, during the academic years to
5 supplement the students' earnings or other resources so long
6 as they consistently maintain scholastic records which are
7 acceptable to their schools and to the Department. Students
8 may attend other colleges and universities, if scholarships
9 are awarded them, and receive the same benefits for
10 maintenance and other expenses as those students attending
11 any Illinois State community college, university, or college
12 under this Section.
13 (Source: P.A. 84-168.)
14 Section 10. The Child Death Review Team Act is amended
15 by changing Section 20 as follows:
16 (20 ILCS 515/20)
17 Sec. 20. Reviews of child deaths.
18 (a) Every child death shall be reviewed by the team in
19 the subregion which has primary case management
20 responsibility. The deceased child must be one of the
21 following:
22 (1) A ward of the Department.
23 (2) The subject of an open service case maintained
24 by the Department.
25 (3) The subject of a pending child abuse or neglect
26 investigation.
27 (4) A child who was the subject of an abuse or
28 neglect investigation at any time during the 12 months
29 preceding the child's death.
30 (5) Any other child whose death is reported to the
31 State central register as a result of alleged child abuse
32 or neglect which report is subsequently indicated.
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1 A child death review team may, at its discretion, review
2 other sudden, unexpected, or unexplained child deaths.
3 (b) A child death review team's purpose in conducting
4 reviews of child deaths is to do the following:
5 (1) Assist in determining the cause and manner of
6 the child's death, when requested.
7 (2) Evaluate means by which the death might have
8 been prevented.
9 (3) Report its findings to appropriate agencies and
10 make recommendations that may help to reduce the number
11 of child deaths caused by abuse or neglect.
12 (4) Promote continuing education for professionals
13 involved in investigating, treating, and preventing child
14 abuse and neglect as a means of preventing child deaths
15 due to abuse or neglect.
16 (5) Make specific recommendations to the Director
17 and the Inspector General of the Department concerning
18 the prevention of child deaths due to abuse or neglect
19 and the establishment of protocols for investigating
20 child deaths.
21 (c) A child death review team shall review a child death
22 as soon as practical and not later than 90 days following the
23 completion by the Department of the investigation of the
24 death under the Abused and Neglected Child Reporting Act.
25 When there has been no investigation by the Department, the
26 child death review team shall review a child's death within
27 90 days after obtaining the information necessary to complete
28 the review from the coroner, pathologist, medical examiner,
29 or law enforcement agency, depending on the nature of the
30 case. A child death review team shall meet at least once in
31 each calendar quarter.
32 (d) The Director shall, within 90 days, review and reply
33 to recommendations made by a team under item (5) of
34 subsection (b). The Director shall implement recommendations
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1 as feasible and appropriate and shall respond in writing to
2 explain the implementation or nonimplementation of the
3 recommendations.
4 (Source: P.A. 90-239, eff. 7-28-97.)
5 Section 15. The Hospital Licensing Act is amended by
6 changing Section 9 as follows:
7 (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
8 Sec. 9. The Department shall make or cause to be made
9 such inspections and investigations as it deems necessary.
10 Information received by the Department through filed reports,
11 inspection, or as otherwise authorized under this Act shall
12 not be disclosed publicly in such manner as to identify
13 individuals or hospitals, except (i) in a proceeding
14 involving the denial, suspension, or revocation of a permit
15 to establish a hospital or a proceeding involving the denial,
16 suspension, or revocation of a license to open, conduct,
17 operate, and maintain a hospital, (ii) to the Department of
18 Children and Family Services in the course of a child abuse
19 or neglect investigation conducted by that Department or by
20 the Department of Public Health, or (iii) in other
21 circumstances as may be approved by the Hospital Licensing
22 Board.
23 (Source: Laws 1965, p. 2350.)
24 Section 17. The Child Care Act of 1969 is amended by
25 changing Section 4 and adding Sections 2.22 and 3.1 as
26 follows:
27 (225 ILCS 10/2.22 new)
28 Sec. 2.22. "Secure child care facility" means any child
29 care facility licensed by the Department to provide secure
30 living arrangements for children under 18 years of age who
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1 are subject to placement in facilities under the Children and
2 Family Services Act and who are not subject to placement in
3 facilities for whom standards are established by the
4 Department of Corrections under Section 3-15-2 of the Unified
5 Code of Corrections and which comply with the requirements of
6 this Act and applicable rules of the Department and which
7 shall be consistent with requirements established for child
8 residents of mental health facilities under the Juvenile
9 Court Act of 1987 and the Mental Health and Developmental
10 Disabilities Code. "Secure child care facility" also means a
11 facility that is designed and operated to ensure that all
12 entrances and exists 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
15 the freedom of movement within the perimeter of the facility,
16 building, or distinct part of the building.
17 (225 ILCS 10/3.1 new)
18 Sec. 3.1. Licenses for secure child care facility. The
19 Department shall establish standards for licensing secure
20 child care facilities which comply with the requirements of
21 this Act, Section 2-27.1 of the Juvenile Court Act of 1987,
22 applicable requirements of the Mental Health and
23 Developmental Disabilities Code, and applicable rules of the
24 Department. On or before January 1, 1999, the Department
25 shall develop rules that set standards and the degree of need
26 for licensed secure facilities. Within 90 days after the
27 effective date of this amendatory Act of 1998, the Director
28 shall appoint an advisory committee to assist the Department
29 in the development of these rules.
30 (225 ILCS 10/4) (from Ch. 23, par. 2214)
31 Sec. 4. License requirement; application; notice.
32 (a) Any person, group of persons or corporation who or
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1 which receives children or arranges for care or placement of
2 one or more children unrelated to the operator must apply for
3 a license to operate one of the types of facilities defined
4 in Sections 2.05 through 2.19 and in Section 2.22 of this
5 Act. Any relative who receives a child or children for
6 placement by the Department on a full-time basis may apply
7 for a license to operate a foster family home as defined in
8 Section 2.17 of this Act.
9 (b) Application for a license to operate a child care
10 facility must be made to the Department in the manner and on
11 forms prescribed by it. An application to operate a foster
12 family home shall include, at a minimum: a completed written
13 form; written authorization by the applicant and all adult
14 members of the applicant's household to conduct a criminal
15 background investigation; medical evidence in the form of a
16 medical report, on forms prescribed by the Department, that
17 the applicant and all members of the household are free from
18 communicable diseases or physical and mental conditions that
19 affect their ability to provide care for the child or
20 children; the names and addresses of at least 3 persons not
21 related to the applicant who can attest to the applicant's
22 moral character; and fingerprints submitted by the applicant
23 and all adult members of the applicant's household.
24 (c) The Department shall notify the public when a child
25 care institution, maternity center, or group home licensed by
26 the Department undergoes a change in (i) the range of care or
27 services offered at the facility, (ii) the age or type of
28 children served, or (iii) the area within the facility used
29 by children. The Department shall notify the public of the
30 change in a newspaper of general circulation in the county or
31 municipality in which the applicant's facility is or is
32 proposed to be located.
33 (d) If, upon examination of the facility and
34 investigation of persons responsible for care of children,
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1 the Department is satisfied that the facility and responsible
2 persons reasonably meet standards prescribed for the type of
3 facility for which application is made, it shall issue a
4 license in proper form, designating on that license the type
5 of child care facility and, except for a child welfare
6 agency, the number of children to be served at any one time.
7 (Source: P.A. 89-21, eff. 7-1-95; 90-90, eff. 7-11-97.)
8 Section 20. The Abused and Neglected Child Reporting Act
9 is amended by changing Sections 7.16 and 8.2 as follows:
10 (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
11 Sec. 7.16. For any investigation or appeal initiated on
12 or after, or pending on July 1, 1998, the following time
13 frames shall apply. Within 60 days after the notification of
14 the completion of the Child Protective Service Unit
15 investigation, determined by the date of the notification
16 sent by the Department, a subject of a report may request the
17 Department to amend the record or remove the record of the
18 report from the register. Such request shall be in writing
19 and directed to such person as the Department designates in
20 the notification. If the Department disregards shall
21 disregard any request not made in such manner. If the
22 Department refuses to do so or does not act within 10 30
23 days, the subject shall have the right to a hearing within
24 the Department to determine whether the record of the report
25 should be amended or removed on the grounds that it is
26 inaccurate or it is being maintained in a manner
27 inconsistent with this Act, except that there shall be no
28 such right to a hearing on the ground of the report's
29 inaccuracy if there has been a court finding of child abuse
30 or neglect, the report's accuracy being conclusively presumed
31 on such finding. Such hearing shall be held within a
32 reasonable time after the subject's request and at a
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1 reasonable place and hour. The appropriate Child Protective
2 Service Unit shall be given notice of the hearing. In such
3 hearings, the burden of proving the accuracy and consistency
4 of the record shall be on the Department and the appropriate
5 Child Protective Service Unit. The hearing shall be conducted
6 by the Director or his designee, who is hereby authorized
7 and empowered to order the amendment or removal of the record
8 to make it accurate and consistent with this Act. The
9 decision shall be made, in writing, at the close of the
10 hearing, or within 45 30 days thereof, and shall state the
11 reasons upon which it is based. Decisions of the Department
12 under this Section are administrative decisions subject to
13 judicial review under the Administrative Review Law.
14 Should the Department grant the request of the subject of
15 the report pursuant to this Section either on administrative
16 review or after administrative hearing to amend an indicated
17 report to an unfounded report, the report shall be released
18 and expunged in accordance with the standards set forth in
19 Section 7.14 of this Act.
20 (Source: P.A. 90-15, eff. 6-13-97.)
21 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
22 Sec. 8.2. If the Child Protective Service Unit
23 determines, following an investigation made pursuant to
24 Section 7.4 of this Act, that there is credible evidence that
25 the child is abused or neglected, the Department shall assess
26 the family's need for services, and, as necessary, develop,
27 with the family, an appropriate service plan for the family's
28 voluntary acceptance or refusal. In any case where there is
29 evidence that the perpetrator of the abuse or neglect is an
30 addict or alcoholic as defined in the Alcoholism and Other
31 Drug Abuse and Dependency Act, the Department, when making
32 referrals for drug or alcohol abuse services, shall make such
33 referrals to facilities licensed by the Department of Human
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1 Services or the Department of Public Health. The Department
2 shall comply with Section 8.1 by explaining its lack of legal
3 authority to compel the acceptance of services and may
4 explain its concomitant authority to petition the Circuit
5 court under the Juvenile Court Act of 1987 or refer the case
6 to the local law enforcement authority or State's attorney
7 for criminal prosecution.
8 For purposes of this Act, the term "family preservation
9 services" refers to all services to help families, including
10 adoptive and extended families. Family preservation services
11 shall be offered, where safe and appropriate, to prevent the
12 placement of children in substitute care when the children
13 can be cared for at home or in the custody of the person
14 responsible for the children's welfare without endangering
15 the children's health or safety, to reunite them with their
16 families if so placed when reunification is an appropriate
17 goal, or to maintain an adoptive placement. The term
18 "homemaker" includes emergency caretakers, homemakers,
19 caretakers, housekeepers and chore services. The term
20 "counseling" includes individual therapy, infant stimulation
21 therapy, family therapy, group therapy, self-help groups,
22 drug and alcohol abuse counseling, vocational counseling and
23 post-adoptive services. The term "day care" includes
24 protective day care and day care to meet educational,
25 prevocational or vocational needs. The term "emergency
26 assistance and advocacy" includes coordinated services to
27 secure emergency cash, food, housing and medical assistance
28 or advocacy for other subsistence and family protective
29 needs.
30 Before July 1, 2000, appropriate family preservation
31 services shall, subject to appropriation, be included in the
32 service plan if the Department has determined that those
33 services will ensure the child's health and safety, are in
34 the child's best interests, and will not place the child in
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1 imminent risk of harm. Beginning July 1, 2000, appropriate
2 family preservation services shall be uniformly available
3 throughout the State. The Department shall promptly notify
4 children and families of the Department's responsibility to
5 offer and provide family preservation services as identified
6 in the service plan. Such plans may include but are not
7 limited to: case management services; homemakers; counseling;
8 parent education; day care; emergency assistance and advocacy
9 assessments; respite care; in-home health care;
10 transportation to obtain any of the above services; and
11 medical assistance. Nothing in this paragraph shall be
12 construed to create a private right of action or claim on the
13 part of any individual or child welfare agency.
14 The Department shall provide a preliminary report to the
15 General Assembly no later than January 1, 1991, in regard to
16 the provision of services authorized pursuant to this
17 Section. The report shall include:
18 (a) the number of families and children served, by
19 type of services;
20 (b) the outcome from the provision of such
21 services, including the number of families which remained
22 intact at least 6 months following the termination of
23 services;
24 (c) the number of families which have been subjects
25 of founded reports of abuse following the termination of
26 services;
27 (d) an analysis of general family circumstances in
28 which family preservation services have been determined
29 to be an effective intervention;
30 (e) information regarding the number of families in
31 need of services but unserved due to budget or program
32 criteria guidelines;
33 (f) an estimate of the time necessary for and the
34 annual cost of statewide implementation of such services;
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1 (g) an estimate of the length of time before
2 expansion of these services will be made to include
3 families with children over the age of 6; and
4 (h) recommendations regarding any proposed
5 legislative changes to this program.
6 Each Department field office shall maintain on a local
7 basis directories of services available to children and
8 families in the local area where the Department office is
9 located.
10 The Department shall refer children and families served
11 pursuant to this Section to private agencies and governmental
12 agencies, where available.
13 Where there are 2 equal proposals from both a
14 not-for-profit and a for-profit agency to provide services,
15 the Department shall give preference to the proposal from the
16 not-for-profit agency.
17 No service plan shall compel any child or parent to
18 engage in any activity or refrain from any activity which is
19 not reasonably related to remedying a condition or conditions
20 that gave rise or which could give rise to any finding of
21 child abuse or neglect.
22 (Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14,
23 eff. 7-1-97; 90-28, eff. 1-1-98.)
24 Section 25. The Vital Records Act is amended by changing
25 Section 8 as follows:
26 (410 ILCS 535/8) (from Ch. 111 1/2, par. 73-8)
27 Sec. 8. Each local registrar shall:
28 (1) Appoint one or more deputies to act for him in his
29 absence or to assist him. Such deputies shall be subject to
30 all rules and regulations governing local registrars.
31 (2) Appoint one or more subregistrars when necessary for
32 the convenience of the people. To become effective, such
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1 appointments must be approved by the State Registrar of Vital
2 Records. A subregistrar shall exercise such authority as is
3 given him by the local registrar and is subject to the
4 supervision and control of the State Registrar of Vital
5 Records, and shall be liable to the same penalties as local
6 registrars, as provided in Section 27 of this Act.
7 (3) Administer and enforce the provisions of this Act
8 and the instructions, rules, and regulations issued
9 hereunder.
10 (4) Require that certificates be completed and filed in
11 accordance with the provisions of this Act and the rules and
12 regulations issued hereunder.
13 (5) Prepare and transmit monthly an accurate copy of
14 each record of live birth, death, and fetal death to the
15 county clerk of his county. He shall also, in the case of a
16 death of a person who was a resident of another county,
17 prepare an additional copy of the death record and transmit
18 it to the county clerk of the county in which such person was
19 a resident. In no case shall the county clerk's copy of a
20 live birth record include the section of the certificate
21 which contains information for health and statistical program
22 use only.
23 (6) (Blank).
24 (7) Prepare, file, and retain for a period of at least
25 10 years in his own office an accurate copy of each record of
26 live birth, death, and fetal death accepted for registration.
27 Only in those instances in which the local registrar is also
28 a full time city, village, incorporated town, public health
29 district, county, or multi-county health officer recognized
30 by the Department may the health and statistical data section
31 of the live birth record be made a part of this copy.
32 (8) Transmit monthly the certificates, reports, or other
33 returns filed with him to the State Registrar of Vital
34 Records, or more frequently when directed to do so by the
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1 State Registrar of Vital Records.
2 (8.5) Transmit monthly to the State central register of
3 the Illinois Department of Children and Family Services a
4 copy of all death certificates of persons under 18 years of
5 age who have died within the month.
6 (9) Maintain such records, make such reports, and
7 perform such other duties as may be required by the State
8 Registrar of Vital Records.
9 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
10 Section 30. The Juvenile Court Act of 1987 is amended by
11 changing Sections 1-2, 1-3, 1-5, 2-13, 2-14, 2-15, 2-16,
12 2-17.1, 2-18, 2-21, 2-22, 2-23, 2-27, 2-28, 2-28.1, 2-29,
13 2-31, and 2-32 and adding Sections 2-13.1, 2-27.1, and 2-33
14 as follows:
15 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
16 Sec. 1-2. Purpose and policy.
17 (1) The purpose of this Act is to secure for each minor
18 subject hereto such care and guidance, preferably in his or
19 her own home, as will serve the safety and moral, emotional,
20 mental, and physical welfare of the minor and the best
21 interests of the community; to preserve and strengthen the
22 minor's family ties whenever possible, removing him or her
23 from the custody of his or her parents only when his or her
24 safety or welfare or the protection of the public cannot be
25 adequately safeguarded without removal; if the child is
26 removed from the custody of his or her parent, the Department
27 of Children and Family Services immediately shall consider
28 concurrent planning, as described in Section 5 of the
29 Children and Family Services Act so that permanency may occur
30 at the earliest opportunity; consideration should be given so
31 that if reunification fails or is delayed, the placement made
32 is the best available placement to provide permanency for the
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1 child; and, when the minor is removed from his or her own
2 family, to secure for him or her custody, care and discipline
3 as nearly as possible equivalent to that which should be
4 given by his or her parents, and in cases where it should and
5 can properly be done to place the minor in a family home so
6 that he or she may become a member of the family by legal
7 adoption or otherwise. Provided that a ground for unfitness
8 under the Adoption Act can be met, it may be appropriate to
9 expedite termination of parental rights:
10 (a) when reasonable efforts are inappropriate, or
11 have been provided and were unsuccessful, and there are
12 aggravating circumstances including, but not limited to,
13 those cases in which (i) the a child or another child of
14 that child's parent a sibling of the child was (A)
15 abandoned, (B) tortured, or (C) chronically abused or
16 (ii) the parent is criminally convicted of (A) first
17 degree murder or second degree murder of any child, (B)
18 attempt or conspiracy to commit first degree murder or
19 second degree murder of any child, (C) solicitation to
20 commit murder, solicitation to commit murder for hire, or
21 solicitation to commit second degree murder of any child,
22 or aggravated assault in violation of subdivision (a)(13)
23 of Section 12-2 of the Criminal Code of 1961 or
24 accountability for the first or second degree murder of
25 any child, or (D) aggravated criminal sexual assault in
26 violation of Section 12-14(b)(1) of the Criminal Code of
27 1961; or
28 (b) when the parental rights of a parent with
29 respect to another child of the parent a sibling of the
30 child have been involuntarily terminated; or
31 (c) in those extreme cases in which the parent's
32 incapacity to care for the child, combined with an
33 extremely poor prognosis for treatment or rehabilitation,
34 justifies expedited termination of parental rights.
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1 (2) In all proceedings under this Act the court may
2 direct the course thereof so as promptly to ascertain the
3 jurisdictional facts and fully to gather information bearing
4 upon the current condition and future welfare of persons
5 subject to this Act. This Act shall be administered in a
6 spirit of humane concern, not only for the rights of the
7 parties, but also for the fears and the limits of
8 understanding of all who appear before the court.
9 (3) In all procedures under this Act, the following
10 shall apply:
11 (a) The procedural rights assured to the minor
12 shall be the rights of adults unless specifically
13 precluded by laws which enhance the protection of such
14 minors.
15 (b) Every child has a right to services necessary
16 to his or her safety and proper development, including
17 health, education and social services.
18 (c) The parents' right to the custody of their
19 child shall not prevail when the court determines that it
20 is contrary to the health, safety, and best interests of
21 the child.
22 (4) This Act shall be liberally construed to carry out
23 the foregoing purpose and policy.
24 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
25 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
26 eff. 8-16-97.)
27 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
28 Sec. 1-3. Definitions. Terms used in this Act, unless
29 the context otherwise requires, have the following meanings
30 ascribed to them:
31 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
32 hearing to determine whether the allegations of a petition
33 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
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1 of age is abused, neglected or dependent, or requires
2 authoritative intervention, or addicted, respectively, are
3 supported by a preponderance of the evidence or whether the
4 allegations of a petition under Section 5-13 that a minor is
5 delinquent are proved beyond a reasonable doubt.
6 (2) Adult. "Adult" means a person 21 years of age or
7 older.
8 (3) Agency. "Agency" means a public or private child
9 care facility legally authorized or licensed by this State
10 for placement or institutional care or for both placement and
11 institutional care.
12 (4) Association. "Association" means any organization,
13 public or private, engaged in welfare functions which include
14 services to or on behalf of children but does not include
15 "agency" as herein defined.
16 (4.05) Best Interests. Whenever a "best interest"
17 determination is required, the following factors shall be
18 considered in the context of the child's age and
19 developmental needs:
20 (a) the physical safety and welfare of the child,
21 including food, shelter, health, and clothing;
22 (b) the development of the child's identity;
23 (c) the child's background and ties, including familial,
24 racial, cultural, and religious;
25 (d) the child's sense of attachments, including:
26 (i) where the child actually feels love,
27 attachment, and a sense of being valued (as opposed to
28 where adults believe the child should feel such love,
29 attachment, and a sense of being valued);
30 (ii) the child's sense of security;
31 (iii) the child's sense of familiarity;
32 (iv) continuity of affection for the child;
33 (v) the least disruptive placement alternative for
34 the child;
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1 (e) the child's wishes and long-term goals;
2 (f) the child's community ties, including church,
3 school, and friends;
4 (g) the child's need for permanence which includes the
5 child's need for stability and continuity of relationships
6 with parent figures and with siblings and other relatives
7 permanence for the child;
8 (h) the uniqueness of every family and child;
9 (i) the risks attendant to entering and being in
10 substitute care; and
11 (j) the preferences of the persons available to care for
12 the child.
13 (4.1) Chronic truant. "Chronic truant" shall have the
14 definition ascribed to it in Section 26-2a of the School
15 Code.
16 (5) Court. "Court" means the circuit court in a session
17 or division assigned to hear proceedings under this Act.
18 (6) Dispositional hearing. "Dispositional hearing" means
19 a hearing to determine whether a minor should be adjudged to
20 be a ward of the court, and to determine what order of
21 disposition should be made in respect to a minor adjudged to
22 be a ward of the court.
23 (7) Emancipated minor. "Emancipated minor" means any
24 minor 16 years of age or over who has been completely or
25 partially emancipated under the "Emancipation of Mature
26 Minors Act", enacted by the Eighty-First General Assembly, or
27 under this Act.
28 (8) Guardianship of the person. "Guardianship of the
29 person" of a minor means the duty and authority to act in the
30 best interests of the minor, subject to residual parental
31 rights and responsibilities, to make important decisions in
32 matters having a permanent effect on the life and development
33 of the minor and to be concerned with his or her general
34 welfare. It includes but is not necessarily limited to:
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1 (a) the authority to consent to marriage, to
2 enlistment in the armed forces of the United States, or
3 to a major medical, psychiatric, and surgical treatment;
4 to represent the minor in legal actions; and to make
5 other decisions of substantial legal significance
6 concerning the minor;
7 (b) the authority and duty of reasonable
8 visitation, except to the extent that these have been
9 limited in the best interests of the minor by court
10 order;
11 (c) the rights and responsibilities of legal
12 custody except where legal custody has been vested in
13 another person or agency; and
14 (d) the power to consent to the adoption of the
15 minor, but only if expressly conferred on the guardian in
16 accordance with Section 2-29, 3-30, 4-27 or 5-31.
17 (9) Legal custody. "Legal custody" means the
18 relationship created by an order of court in the best
19 interests of the minor which imposes on the custodian the
20 responsibility of physical possession of a minor and the duty
21 to protect, train and discipline him and to provide him with
22 food, shelter, education and ordinary medical care, except as
23 these are limited by residual parental rights and
24 responsibilities and the rights and responsibilities of the
25 guardian of the person, if any.
26 (10) Minor. "Minor" means a person under the age of 21
27 years subject to this Act.
28 (11) Parents. "Parent" means the father or mother of a
29 child and includes any adoptive parent. It also includes a
30 man (i) the father whose paternity is presumed or has been
31 established under the law of this or another jurisdiction or
32 (ii) who has registered with the Putative Father Registry in
33 accordance with Section 12.1 of the Adoption Act and whose
34 paternity has not been ruled out under the law of this or
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1 another jurisdiction. It does not include a parent whose
2 rights in respect to the minor have been terminated in any
3 manner provided by law.
4 (11.1) "Permanency goal" means a goal set by the court
5 as defined in subdivision (2)(c) of Section 2-28 or
6 subsection (c) of Section 2-28.01 or in counties with a
7 population of 3,000,000 or more, a goal ordered by a judge.
8 (11.2) "Permanency hearing" means a hearing to set the
9 permanency goal and to review and determine (i) the
10 appropriateness of the permanency goal, (ii) the
11 appropriateness of the services contained in the plan and
12 whether those services have been provided, (ii) (iii) whether
13 reasonable efforts have been made by all the parties to the
14 service plan to achieve the goal, and (iii) (iv) whether the
15 plan and goal have been achieved.
16 (12) Petition. "Petition" means the petition provided
17 for in Section 2-13, 3-15, 4-12 or 5-13, including any
18 supplemental petitions thereunder in Section 3-15, 4-12 or
19 5-13.
20 (13) Residual parental rights and responsibilities.
21 "Residual parental rights and responsibilities" means those
22 rights and responsibilities remaining with the parent after
23 the transfer of legal custody or guardianship of the person,
24 including, but not necessarily limited to, the right to
25 reasonable visitation (which may be limited by the court in
26 the best interests of the minor as provided in subsection
27 (8)(b) of this Section), the right to consent to adoption,
28 the right to determine the minor's religious affiliation, and
29 the responsibility for his support.
30 (14) Shelter. "Shelter" means the temporary care of a
31 minor in physically unrestricting facilities pending court
32 disposition or execution of court order for placement.
33 (15) Station adjustment. "Station adjustment" means the
34 informal handling of an alleged offender by a juvenile police
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1 officer.
2 (16) Ward of the court. "Ward of the court" means a
3 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
4 5-22, after a finding of the requisite jurisdictional facts,
5 and thus is subject to the dispositional powers of the court
6 under this Act.
7 (17) Juvenile police officer. "Juvenile police officer"
8 means a sworn police officer who has completed a Basic
9 Recruit Training Course, has been assigned to the position of
10 juvenile police officer by his or her chief law enforcement
11 officer and has completed the necessary juvenile officers
12 training as prescribed by the Illinois Law Enforcement
13 Training Standards Board, or in the case of a State police
14 officer, juvenile officer training approved by the Director
15 of the Department of State Police.
16 (18) "Secure child care facility" means any child care
17 facility licensed by the Department of Children and Family
18 Services to provide secure living arrangements for children
19 under 18 years of age who are subject to placement in
20 facilities under the Children and Family Services Act and who
21 are not subject to placement in facilities for whom standards
22 are established by the Department of Corrections under
23 Section 3-15-2 of the Unified Code of Corrections. "Secure
24 child care facility" also means a facility that is designed
25 and operated to ensure that all entrances and exists from the
26 facility, a building, or a distinct part of the building are
27 under the exclusive control of the staff of the facility,
28 whether or not the child has the freedom of movement within
29 the perimeter of the facility, building, or distinct part of
30 the building.
31 (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; revised
32 11-12-97.)
33 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
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1 Sec. 1-5. Rights of parties to proceedings.
2 (1) Except as provided in this Section and paragraph (2)
3 of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
4 subject of the proceeding and his parents, guardian, legal
5 custodian or responsible relative who are parties respondent
6 have the right to be present, to be heard, to present
7 evidence material to the proceedings, to cross-examine
8 witnesses, to examine pertinent court files and records and
9 also, although proceedings under this Act are not intended to
10 be adversary in character, the right to be represented by
11 counsel. At the request of any party financially unable to
12 employ counsel, with the exception of a foster parent
13 permitted to intervene under this Section, the court shall
14 appoint the Public Defender or such other counsel as the case
15 may require. Counsel appointed for the minor and any indigent
16 party shall appear at all stages of the trial court
17 proceeding, and such appointment shall continue through the
18 permanency hearings and termination of parental rights
19 proceedings subject to withdrawal or substitution pursuant to
20 Supreme Court Rules or the Code of Civil Procedure. Following
21 the dispositional hearing, the court may require appointed
22 counsel, other than counsel for the minor or counsel for the
23 guardian ad litem, to withdraw his or her appearance upon
24 failure of the party for whom counsel was appointed under
25 this Section to attend any subsequent proceedings.
26 No hearing on any petition or motion filed under this Act
27 may be commenced unless the minor who is the subject of the
28 proceeding is represented by counsel. Each adult respondent
29 shall be furnished a written "Notice of Rights" at or before
30 the first hearing at which he or she appears.
31 (1.5) The Department shall maintain a system of response
32 to inquiry made by parents or putative parents as to whether
33 their child is under the custody or guardianship of the
34 Department; and if so, the Department shall direct the
SB1339 Enrolled -44- LRB9011267SMpk
1 parents or putative parents to the appropriate court of
2 jurisdiction, including where inquiry may be made of the
3 clerk of the court regarding the case number and the next
4 scheduled court date of the minor's case. Effective notice
5 and the means of accessing information shall be given to the
6 public on a continuing basis by the Department.
7 (2) (a) Though not appointed guardian or legal custodian
8 or otherwise made a party to the proceeding, any current or
9 previously appointed foster parent or relative caregiver, or
10 representative of an agency or association interested in the
11 minor has the right to be heard by the court, but does not
12 thereby become a party to the proceeding.
13 In addition to the foregoing right to be heard by the
14 court, any current foster parent or relative caregiver of a
15 minor and the agency designated by the court or the
16 Department of Children and Family Services as custodian of
17 the minor who is alleged to be or has been adjudicated an
18 abused or neglected minor under Section 2-3 or a dependent
19 minor under Section 2-4 of this Act has the right to and
20 shall be given adequate notice at all stages of any hearing
21 or proceeding under this Act wherein the custody or status of
22 the minor may be changed. Such notice shall contain a
23 statement regarding the nature and denomination of the
24 hearing or proceeding to be held, the change in custody or
25 status of the minor sought to be obtained at such hearing or
26 proceeding, and the date, time and place of such hearing or
27 proceeding. The Department of Children and Family Services
28 or the licensed child welfare agency that has placed the
29 minor with the foster parent shall notify the clerk of the
30 court of the name and address of the current foster parent.
31 The clerk shall mail the notice by certified mail marked for
32 delivery to addressee only. The regular return receipt for
33 certified mail is sufficient proof of service.
34 Any foster parent or relative caregiver who is denied his
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1 or her right to be heard under this Section may bring a
2 mandamus action under Article XIV of the Code of Civil
3 Procedure against the court or any public agency to enforce
4 that right. The mandamus action may be brought immediately
5 upon the denial of those rights but in no event later than 30
6 days after the foster parent has been denied the right to be
7 heard.
8 (b) If after an adjudication that a minor is abused or
9 neglected as provided under Section 2-21 of this Act and a
10 motion has been made to restore the minor to any parent,
11 guardian, or legal custodian found by the court to have
12 caused the neglect or to have inflicted the abuse on the
13 minor, a foster parent may file a motion to intervene in the
14 proceeding for the sole purpose of requesting that the minor
15 be placed with the foster parent, provided that the foster
16 parent (i) is the current foster parent of the minor or (ii)
17 has previously been a foster parent for the minor for one
18 year or more, has a foster care license or is eligible for a
19 license, and is not the subject of any findings of abuse or
20 neglect of any child. The juvenile court may only enter
21 orders placing a minor with a specific foster parent under
22 this subsection (2)(b) and nothing in this Section shall be
23 construed to confer any jurisdiction or authority on the
24 juvenile court to issue any other orders requiring the
25 appointed guardian or custodian of a minor to place the minor
26 in a designated foster home or facility. This Section is not
27 intended to encompass any matters that are within the scope
28 or determinable under the administrative and appeal process
29 established by rules of the Department of Children and Family
30 Services under Section 5(o) of the Children and Family
31 Services Act. Nothing in this Section shall relieve the
32 court of its responsibility, under Section 2-14(a) of this
33 Act to act in a just and speedy manner to reunify families
34 where it is the best interests of the minor and the child can
SB1339 Enrolled -46- LRB9011267SMpk
1 be cared for at home without endangering the child's health
2 or safety and, if reunification is not in the best interests
3 of the minor, to find another permanent home for the minor.
4 Nothing in this Section, or in any order issued by the court
5 with respect to the placement of a minor with a foster
6 parent, shall impair the ability of the Department of
7 Children and Family Services, or anyone else authorized under
8 Section 5 of the Abused and Neglected Child Reporting Act, to
9 remove a minor from the home of a foster parent if the
10 Department of Children and Family Services or the person
11 removing the minor has reason to believe that the
12 circumstances or conditions of the minor are such that
13 continuing in the residence or care of the foster parent will
14 jeopardize the child's health and safety or present an
15 imminent risk of harm to that minor's life.
16 (c) If a foster parent has had the minor who is the
17 subject of the proceeding under Article II in his or her home
18 for more than one year on or after July 3, 1994 and if the
19 minor's placement is being terminated from that foster
20 parent's home, that foster parent shall have standing and
21 intervenor status except in those circumstances where the
22 Department of Children and Family Services or anyone else
23 authorized under Section 5 of the Abused and Neglected Child
24 Reporting Act has removed the minor from the foster parent
25 because of a reasonable belief that the circumstances or
26 conditions of the minor are such that continuing in the
27 residence or care of the foster parent will jeopardize the
28 child's health or safety or presents an imminent risk of harm
29 to the minor's life.
30 (d) The court may grant standing to any foster parent if
31 the court finds that it is in the best interest of the child
32 for the foster parent to have standing and intervenor status.
33 (3) Parties respondent are entitled to notice in
34 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
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1 and 4-15 or 5-15 and 5-16, as appropriate. At the first
2 appearance before the court by the minor, his parents,
3 guardian, custodian or responsible relative, the court shall
4 explain the nature of the proceedings and inform the parties
5 of their rights under the first 2 paragraphs of this Section.
6 If the child is alleged to be abused, neglected or
7 dependent, the court shall admonish the parents that if the
8 court declares the child to be a ward of the court and awards
9 custody or guardianship to the Department of Children and
10 Family Services, the parents must cooperate with the
11 Department of Children and Family Services, comply with the
12 terms of the service plans, and correct the conditions that
13 require the child to be in care, or risk termination of their
14 parental rights.
15 Upon an adjudication of wardship of the court under
16 Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
17 parties of their right to appeal therefrom as well as from
18 any other final judgment of the court.
19 When the court finds that a child is an abused,
20 neglected, or dependent minor under Section 2-21, the court
21 shall admonish the parents that the parents must cooperate
22 with the Department of Children and Family Services, comply
23 with the terms of the service plans, and correct the
24 conditions that require the child to be in care, or risk
25 termination of their parental rights.
26 When the court declares a child to be a ward of the court
27 and awards guardianship to the Department of Children and
28 Family Services under Section 2-22, the court shall admonish
29 the parents, guardian, custodian, or responsible relative
30 that the parents must cooperate with the Department of
31 Children and Family Services, comply with the terms of the
32 service plans, and correct the conditions that require the
33 child to be in care, or risk termination of their parental
34 rights.
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1 (4) No sanction may be applied against the minor who is
2 the subject of the proceedings by reason of his refusal or
3 failure to testify in the course of any hearing held prior to
4 final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
5 (5) In the discretion of the court, the minor may be
6 excluded from any part or parts of a dispositional hearing
7 and, with the consent of the parent or parents, guardian,
8 counsel or a guardian ad litem, from any part or parts of an
9 adjudicatory hearing.
10 (6) The general public except for the news media and the
11 victim shall be excluded from any hearing and, except for the
12 persons specified in this Section only persons, including
13 representatives of agencies and associations, who in the
14 opinion of the court have a direct interest in the case or in
15 the work of the court shall be admitted to the hearing.
16 However, the court may, for the minor's safety and protection
17 and for good cause shown, prohibit any person or agency
18 present in court from further disclosing the minor's
19 identity.
20 (7) A party shall not be entitled to exercise the right
21 to a substitution of a judge without cause under subdivision
22 (a)(2) of Section 2-1001 of the Code of Civil Procedure in a
23 proceeding under this Act if the judge is currently assigned
24 to a proceeding involving the alleged abuse, neglect, or
25 dependency of the minor's sibling or half sibling and that
26 judge has made a substantive ruling in the proceeding
27 involving the minor's sibling or half sibling.
28 (Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
29 eff. 1-1-98.)
30 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
31 Sec. 2-13. Petition.
32 (1) Any adult person, any agency or association by its
33 representative may file, or the court on its own motion,
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1 consistent with the health, safety and best interests of the
2 minor may direct the filing through the State's Attorney of a
3 petition in respect of a minor under this Act. The petition
4 and all subsequent court documents shall be entitled "In the
5 interest of ...., a minor".
6 (2) The petition shall be verified but the statements
7 may be made upon information and belief. It shall allege
8 that the minor is abused, neglected, or dependent, with
9 citations to the appropriate provisions of this Act, and set
10 forth (a) facts sufficient to bring the minor under Section
11 2-3 or 2-4 and to inform respondents of the cause of action,
12 including, but not limited to, a plain and concise statement
13 of the factual allegations that form the basis for the filing
14 of the petition; (b) the name, age and residence of the
15 minor; (c) the names and residences of his parents; (d) the
16 name and residence of his legal guardian or the person or
17 persons having custody or control of the minor, or of the
18 nearest known relative if no parent or guardian can be found;
19 and (e) if the minor upon whose behalf the petition is
20 brought is sheltered in custody, the date on which such
21 temporary custody was ordered by the court or the date set
22 for a temporary custody hearing. If any of the facts herein
23 required are not known by the petitioner, the petition shall
24 so state.
25 (3) The petition must allege that it is in the best
26 interests of the minor and of the public that he be adjudged
27 a ward of the court and may pray generally for relief
28 available under this Act. The petition need not specify any
29 proposed disposition following adjudication of wardship.
30 (4) If termination of parental rights and appointment of
31 a guardian of the person with power to consent to adoption of
32 the minor under Section 2-29 is sought, the petition shall so
33 state. If the petition includes this request, the prayer for
34 relief shall clearly and obviously state that the parents
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1 could permanently lose their rights as a parent at this
2 hearing.
3 In addition to the foregoing, the petitioner, by motion,
4 may request the termination of parental rights and
5 appointment of a guardian of the person with power to consent
6 to adoption of the minor under Section 2-29 at any time after
7 the entry of a dispositional order under Section 2-22.
8 (4.5) (a) With respect to any minors committed to its
9 care pursuant to this Act, the Department of Children and
10 Family Services shall request the State's Attorney to file a
11 petition or motion for termination of parental rights and
12 appointment of guardian of the person with power to consent
13 to adoption of the minor under Section 2-29 if:
14 (i) a minor has been in foster care, as described
15 in subsection (b), for 15 months of the most recent 22
16 months; or
17 (ii) a minor under the age of 2 years has been
18 previously determined to be abandoned at an adjudicatory
19 hearing; or
20 (iii) the parent is criminally convicted of (A)
21 first degree murder or second degree murder of any child,
22 (B) attempt or conspiracy to commit first degree murder
23 or second degree murder of any child, (C) solicitation to
24 commit murder of any child, solicitation to commit murder
25 for hire of any child, or solicitation to commit second
26 degree murder of any child, (D) aggravated battery,
27 aggravated battery of a child, or felony domestic
28 battery, any of which has resulted in serious injury to
29 the minor or a sibling of the minor, (E) aggravated
30 criminal sexual assault in violation of subdivision
31 (b)(1) of Section 12-14 of the Criminal Code of 1961, or
32 (F) an offense in any other state the elements of which
33 are similar and bear a substantial relationship to any of
34 the foregoing offenses
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1 unless:
2 (i) the child is being cared for by a relative,
3 (ii) the Department has documented in the case plan
4 a compelling reason for determining that filing such
5 petition would not be in the best interests of the child,
6 (iii) the court has found within the preceding 12
7 months that the Department has failed to make reasonable
8 efforts to reunify the child and family, or
9 (iv) paragraph (c) of this subsection (4.5)
10 provides otherwise.
11 (b) For purposes of this subsection, the date of
12 entering foster care is defined as the earlier of:
13 (1) The date of a judicial finding at an
14 adjudicatory hearing that the child is an abused,
15 neglected, or dependent minor; or
16 (2) 60 days after the date on which the child is
17 removed from his or her parent, guardian, or legal
18 custodian.
19 (c) With respect to paragraph (a)(i), the following
20 transition rules shall apply:
21 (1) If the child entered foster care after November
22 19, 1997 and this amendatory Act of 1998 takes effect
23 before the child has been in foster care for 15 months of
24 the preceding 22 months, then the Department shall comply
25 with the requirements of paragraph (a) of this subsection
26 (4.5) for that child as soon as the child has been in
27 foster care for 15 of the preceding 22 months.
28 (2) If the child entered foster care after November
29 19, 1997 and this amendatory Act of 1998 takes effect
30 after the child has been in foster care for 15 of the
31 preceding 22 months, then the Department shall comply
32 with the requirements of paragraph (a) of this subsection
33 (4.5) for that child within 3 months after the end of the
34 next regular session of the General Assembly.
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1 (3) If the child entered foster care prior to
2 November 19, 1997, then the Department shall comply with
3 the requirements of paragraph (a) of this subsection
4 (4.5) for that child in accordance with Department policy
5 or rule.
6 (d) If the State's Attorney determines that the
7 Department's request for filing of a petition or motion
8 conforms to the requirements set forth in subdivisions (a),
9 (b), and (c) of this subsection (4.5), then the State's
10 Attorney shall file the petition or motion as requested.
11 (5) The court shall liberally allow the petitioner to
12 amend the petition to set forth a cause of action or to add,
13 amend, or supplement factual allegations that form the basis
14 for a cause of action up until 14 days before the
15 adjudicatory hearing. The petitioner may amend the petition
16 after that date and prior to the adjudicatory hearing if the
17 court grants leave to amend upon a showing of good cause. The
18 court may allow amendment of the petition to conform with the
19 evidence at any time prior to ruling. In all cases in which
20 the court has granted leave to amend based on new evidence or
21 new allegations, the court shall permit the respondent an
22 adequate opportunity to prepare a defense to the amended
23 petition.
24 (6) At any time before dismissal of the petition or
25 before final closing and discharge under Section 2-31, one or
26 more motions in the best interests of the minor may be filed.
27 The motion shall specify sufficient facts in support of the
28 relief requested.
29 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
30 P.A. 90-443); 90-28, eff. 1-1-98.)
31 (705 ILCS 405/2-13.1 new)
32 Sec. 2-13.1. Early termination of reasonable efforts.
33 (1) (a) In conjunction with, or at any time subsequent
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1 to, the filing of a petition on behalf of a minor in
2 accordance with Section 2-13 of this Act, the State's
3 Attorney, the guardian ad litem, or the Department of
4 Children and Family Services may file a motion requesting a
5 finding that reasonable efforts to reunify that minor with
6 his or her parent or parents are no longer required and are
7 to cease.
8 (b) The court shall grant this motion with respect to a
9 parent of the minor if the court finds after a hearing that
10 the parent has:
11 (i) had his or her parental rights to another child
12 of the parent involuntarily terminated; or
13 (ii) been convicted of:
14 (A) first degree or second degree murder of
15 another child of the parent;
16 (B) attempt or conspiracy to commit first
17 degree or second degree murder of another child of
18 the parent;
19 (C) solicitation to commit murder of another
20 child of the parent, solicitation to commit murder
21 for hire of another child of the parent, or
22 solicitation to commit second degree murder of
23 another child of the parent;
24 (D) aggravated battery, aggravated battery of
25 a child, or felony domestic battery, any of which
26 has resulted in serious bodily injury to the minor
27 or another child of the parent; or
28 (E) an offense in any other state the elements
29 of which are similar and bear substantial
30 relationship to any of the foregoing offenses
31 unless the court sets forth in writing a compelling reason
32 why terminating reasonable efforts to reunify the minor with
33 the parent would not be in the best interests of that minor.
34 (c) The court shall also grant this motion with respect
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1 to a parent of the minor if:
2 (i) after a hearing it determines that further
3 reunification services would no longer be appropriate,
4 and
5 (ii) a dispositional hearing has already taken
6 place.
7 (2) (a) The court shall hold a permanency hearing within
8 30 days of granting a motion pursuant to this subsection. If
9 an adjudicatory or a dispositional hearing, or both, has not
10 taken place when the court grants a motion pursuant to this
11 Section, then either or both hearings shall be held as needed
12 so that both take place on or before the date a permanency
13 hearing is held pursuant to this subsection.
14 (b) Following a permanency hearing held pursuant to
15 paragraph (a) of this subsection, the appointed custodian or
16 guardian of the minor shall make reasonable efforts to place
17 the child in accordance with the permanency plan and goal set
18 by the court, and to complete the necessary steps to locate
19 and finalize a permanent placement.
20 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
21 Sec. 2-14. Date for Adjudicatory Hearing.
22 (a) Purpose and policy. The legislature recognizes that
23 serious delay in the adjudication of abuse, neglect, or
24 dependency cases can cause grave harm to the minor and the
25 family and that it frustrates the health, safety and best
26 interests of the minor and the effort to establish permanent
27 homes for children in need. The purpose of this Section is
28 to insure that, consistent with the federal Adoption
29 Assistance and Child Welfare Act of 1980, Public Law 96-272,
30 as amended, and the intent of this Act, the State of Illinois
31 will act in a just and speedy manner to determine the best
32 interests of the minor, including providing for the safety of
33 the minor, identifying families in need, reunifying families
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1 where the minor can be cared for at home without endangering
2 the minor's health or safety and it is in the best interests
3 of the minor, and, if reunification is not consistent with
4 the health, safety and best interests of the minor, finding
5 another permanent home for the minor.
6 (b) When a petition is filed alleging that the minor is
7 abused, neglected or dependent, an adjudicatory hearing shall
8 be commenced within 90 days of the date of service of process
9 upon the minor, parents, any guardian and any legal
10 custodian, unless an earlier date is required pursuant to
11 Section 2-13.1. Once commenced, subsequent delay in the
12 proceedings may be allowed by the court when necessary to
13 ensure a fair hearing.
14 (c) Upon written motion of a party filed no later than
15 10 days prior to hearing, or upon the court's own motion and
16 only for good cause shown, the Court may continue the hearing
17 for a period not to exceed 30 days, and only if the
18 continuance is consistent with the health, safety and best
19 interests of the minor. When the court grants a continuance,
20 it shall enter specific factual findings to support its
21 order, including factual findings supporting the court's
22 determination that the continuance is in the best interests
23 of the minor. Only one such continuance shall be granted. A
24 period of continuance for good cause as described in this
25 Section shall temporarily suspend as to all parties, for the
26 time of the delay, the period within which a hearing must be
27 held. On the day of the expiration of the delay, the period
28 shall continue at the point at which it was suspended.
29 The term "good cause" as applied in this Section shall be
30 strictly construed and be in accordance with Supreme Court
31 Rule 231 (a) through (f). Neither stipulation by counsel nor
32 the convenience of any party constitutes good cause. If the
33 adjudicatory hearing is not heard within the time limits
34 required by subsection (b) or (c) of this Section, upon
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1 motion by any party the petition shall be dismissed without
2 prejudice.
3 (d) The time limits of this Section may be waived only
4 by consent of all parties and approval by the court.
5 (e) For all cases filed before July 1, 1991, an
6 adjudicatory hearing must, be held within 180 days of July 1,
7 1991.
8 (Source: P.A. 88-7; 90-28, eff. 1-1-98; 90-456, eff. 1-1-98;
9 revised 11-17-97.)
10 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
11 Sec. 2-15. Summons.
12 (1) When a petition is filed, the clerk of the court
13 shall issue a summons with a copy of the petition attached.
14 The summons shall be directed to the minor's legal guardian
15 or custodian and to each person named as a respondent in the
16 petition, except that summons need not be directed to a minor
17 respondent under 8 years of age for whom the court appoints a
18 guardian ad litem if the guardian ad litem appears on behalf
19 of the minor in any proceeding under this Act.
20 (2) The summons must contain a statement that the minor
21 or any of the respondents is entitled to have an attorney
22 present at the hearing on the petition, and that the clerk of
23 the court should be notified promptly if the minor or any
24 other respondent desires to be represented by an attorney but
25 is financially unable to employ counsel.
26 (3) The summons shall be issued under the seal of the
27 court, attested in and signed with the name of the clerk of
28 the court, dated on the day it is issued, and shall require
29 each respondent to appear and answer the petition on the date
30 set for the adjudicatory hearing. The summons shall contain
31 a notice that the parties will not be entitled to further
32 written notices or publication notices of proceedings in this
33 case, including the filing of an amended petition or a motion
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1 to terminate parental rights, except as required by Supreme
2 Court Rule 11.
3 (4) The summons may be served by any county sheriff,
4 coroner or probation officer, even though the officer is the
5 petitioner. The return of the summons with endorsement of
6 service by the officer is sufficient proof thereof.
7 (5) Service of a summons and petition shall be made by:
8 (a) leaving a copy thereof with the person summoned at least
9 3 days before the time stated therein for appearance; (b)
10 leaving a copy at his usual place of abode with some person
11 of the family, of the age of 10 years or upwards, and
12 informing that person of the contents thereof, provided the
13 officer or other person making service shall also send a copy
14 of the summons in a sealed envelope with postage fully
15 prepaid, addressed to the person summoned at his usual place
16 of abode, at least 3 days before the time stated therein for
17 appearance; or (c) leaving a copy thereof with the guardian
18 or custodian of a minor, at least 3 days before the time
19 stated therein for appearance. If the guardian or custodian
20 is an agency of the State of Illinois, proper service may be
21 made by leaving a copy of the summons and petition with any
22 administrative employee of such agency designated by such
23 agency to accept service of summons and petitions. The
24 certificate of the officer or affidavit of the person that he
25 has sent the copy pursuant to this Section is sufficient
26 proof of service.
27 (6) When a parent or other person, who has signed a
28 written promise to appear and bring the minor to court or who
29 has waived or acknowledged service, fails to appear with the
30 minor on the date set by the court, a bench warrant may be
31 issued for the parent or other person, the minor, or both.
32 (7) The appearance of the minor's legal guardian or
33 custodian, or a person named as a respondent in a petition,
34 in any proceeding under this Act shall constitute a waiver of
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1 service of summons and submission to the jurisdiction of the
2 court, except that the filing of a special appearance
3 authorized under Section 2-301 of the Code of Civil Procedure
4 does not constitute an appearance under this subsection. A
5 copy of the summons and petition shall be provided to the
6 person at the time of his appearance.
7 (8) Notice to a parent who has appeared or been served
8 with summons personally or by certified mail, and for whom an
9 order of default has been entered on the petition for
10 wardship and has not been set aside shall be provided in
11 accordance with Supreme Court Rule 11. Notice to a parent
12 who was served by publication and for whom an order of
13 default has been entered on the petition for wardship and has
14 not be