Public Act 093-0909
Public Act 0909 93RD GENERAL ASSEMBLY
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Public Act 093-0909
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| HB3977 Enrolled |
LRB093 14762 LRD 40311 b |
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| AN ACT concerning schools.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Department of State Police Law of the
Civil | Administrative Code of Illinois is amended by changing
Section | 2605-325 as follows:
| (20 ILCS 2605/2605-325) (was 20 ILCS 2605/55a in part)
| Sec. 2605-325. Conviction information for school board or | regional
superintendent. On request of a school board or | regional
superintendent of schools,
to conduct a | fingerprint-based criminal history records check
an inquiry | pursuant to Section 10-21.9 or
34-18.5 of the School
Code to | ascertain whether an applicant for employment in a school
| district has
been convicted of any criminal
or drug offenses | enumerated in Section
10-21.9 or 34-18.5 of the School Code. | The Department shall furnish the
conviction information to the | president of the school board of the school
district that has | requested the information or, if the
information was
requested | by the regional superintendent, to that regional | superintendent.
| (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | eff. 8-14-98;
91-239, eff. 1-1-00.)
| Section 10. The School Code is amended by changing Sections | 2-3.51.5, 10-21.9, 27A-5, and 34-18.5 as follows:
| (105 ILCS 5/2-3.51.5)
| Sec. 2-3.51.5. School Safety and Educational Improvement | Block Grant
Program. To improve the level of education and | safety of students from
kindergarten through grade 12 in school | districts. The State Board of
Education is authorized to fund a |
| School Safety and Educational Improvement
Block Grant Program.
| (1) The program shall provide funding for school safety, | textbooks and
software, teacher training and curriculum | development, school improvements, remediation programs under | subsection (a) of Section 2-3.64, school
report cards under | Section 10-17a, and criminal history records checks
background
| investigations
under Sections 10-21.9 and 34-18.5. A school | district
or laboratory school as defined in Section 18-8 or | 18-8.05 is not required
to file an application in order to | receive the categorical funding to which it
is entitled under | this Section. Funds for the School Safety and Educational
| Improvement Block Grant Program shall be distributed to school | districts and
laboratory schools based on the prior year's best | 3 months average daily
attendance. The State Board of Education | shall promulgate rules and
regulations necessary for the | implementation of this program.
| (2) Distribution of moneys to school districts shall be | made in 2
semi-annual installments, one payment on or before | October 30, and one
payment prior to April 30, of each fiscal | year.
| (3) Grants under the School Safety and Educational | Improvement Block Grant
Program shall be awarded provided there | is an appropriation for the program,
and funding levels for | each district shall be prorated according to the amount
of the | appropriation.
| (Source: P.A. 90-548, eff. 1-1-98; 91-711, eff. 7-1-00.)
| (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| Sec. 10-21.9. Criminal history records checks
background
| investigations.
| (a) Certified
After August
1, 1985, certified and | noncertified applicants for employment with a school
district, | except school bus driver applicants, are required as a | condition
of employment to authorize a fingerprint-based | criminal history records check
an
investigation to determine if | such applicants have been convicted of any of
the enumerated |
| criminal or drug offenses in subsection (c) of this Section or
| have been convicted, within 7 years of the application for | employment with
the
school district, of any other felony under | the laws of this State or of any
offense committed or attempted | in any other state or against the laws of
the United States | that, if committed or attempted in this State, would
have been | punishable as a felony under the laws of this State.
| Authorization for the check
investigation shall be furnished by | the applicant to
the school district, except that if the | applicant is a substitute teacher
seeking employment in more | than one school district, a teacher seeking
concurrent | part-time employment positions with more than one school
| district (as a reading specialist, special education teacher or | otherwise),
or an educational support personnel employee | seeking employment positions
with more than one district, any | such district may require the applicant to
furnish | authorization for the check
investigation to the regional | superintendent
of the educational service region in which are | located the school districts
in which the applicant is seeking | employment as a substitute or concurrent
part-time teacher or | concurrent educational support personnel employee.
Upon | receipt of this authorization, the school district or the | appropriate
regional superintendent, as the case may be, shall | submit the applicant's
name, sex, race, date of birth,
and | social security number, fingerprint images, and other | identifiers, as prescribed by
to the Department
of State | Police, to
on forms prescribed by the Department. The regional
| superintendent submitting the requisite information to the | Department of
State Police shall promptly notify the school | districts in which the
applicant is seeking employment as a | substitute or concurrent part-time
teacher or concurrent | educational support personnel employee that the
check
| investigation of the applicant has been requested. The | Department of State Police and the Federal Bureau of | Investigation shall furnish, pursuant to a fingerprint-based | criminal history records check, records of convictions, until |
| expunged, to the president of the school board for the school | district that requested the check, or to the regional | superintendent who requested the check.
Department of State
| Police shall conduct a search of the Illinois criminal history | records
database to ascertain if the applicant being
considered | for employment has been convicted of committing or attempting | to
commit any of the enumerated
criminal or drug offenses in | subsection (c) or has been convicted of
committing or | attempting to commit, within 7
years
of the application for | employment with the
school district, any other felony under the | laws of this State or of any
offense committed or attempted in | any other state or against the laws of
the United States that, | if committed or attempted in this State, would
have been | punishable as a felony under the laws of this State.
The
| Department shall charge
the school district
or the appropriate | regional superintendent a fee for
conducting such check
| investigation, which fee shall be deposited in the State
Police | Services Fund and shall not exceed the cost of
the inquiry; and | the
applicant shall not be charged a fee for such check
| investigation by the school
district or by the regional | superintendent. Subject to appropriations for these purposes, | the State Superintendent of Education shall reimburse school | districts and regional superintendents for fees paid to obtain | criminal history records checks under this Section.
The | regional superintendent
may seek reimbursement from the State | Board of Education or the appropriate
school district or | districts for fees paid by the
regional superintendent to the | Department for the criminal background
investigations required | by this Section.
| (b)
If the search of the Illinois criminal history records | database
indicates that the applicant has been convicted of | committing or attempting to
commit any of the enumerated | criminal or drug offenses in subsection (c) or
has been | convicted of committing or attempting to commit, within 7 years
| before the
application for employment with the school district, | any other felony under the
laws of this State,
the Department |
| and the Federal Bureau of Investigation shall furnish,
pursuant | to a fingerprint based background check,
records of | convictions, until expunged, to the president of the school | board
for the school district which requested the | investigation, or to the
regional superintendent who requested | the investigation. Any information
concerning the record of | convictions obtained by the president of the
school board or | the regional superintendent shall be confidential and may
only | be transmitted to the superintendent of the school district or | his
designee, the appropriate regional superintendent if the | check
investigation was
requested by the school district, the | presidents of the appropriate school
boards if the check
| investigation was requested from the Department of State
Police | by the regional superintendent, the State Superintendent of
| Education, the State Teacher Certification Board or any other | person
necessary to the decision of hiring the applicant for | employment. A copy
of the record of convictions obtained from | the Department of State Police
shall be provided to the | applicant for employment. If a check
an investigation of
an | applicant for employment as a substitute or concurrent | part-time teacher
or concurrent educational support personnel | employee in more than one
school district was requested by the | regional superintendent, and the
Department of State Police | upon a check
investigation ascertains that the applicant
has | not been convicted of any of the enumerated criminal or drug | offenses
in subsection (c) or has not been convicted, within 7 | years of the
application for
employment with the
school | district, of any other felony under the laws of this State or | of any
offense committed or attempted in any other state or | against the laws of
the United States that, if committed or | attempted in this State, would
have been punishable as a felony | under the laws of this State
and so notifies the regional
| superintendent, then the
regional superintendent shall issue | to the applicant a certificate
evidencing that as of the date | specified by the Department of State Police
the applicant has | not been convicted of any of the enumerated criminal or
drug |
| offenses in subsection (c) or has not been
convicted, within 7 | years of the application for employment with the
school | district, of any other felony under the laws of this State or | of any
offense committed or attempted in any other state or | against the laws of
the United States that, if committed or | attempted in this State, would
have been punishable as a felony | under the laws of this State. The school
board of
any
school | district
located in the educational service region served by | the regional
superintendent who issues such a certificate to an | applicant for employment
as a substitute teacher in more than | one such district may rely on the
certificate issued by the | regional superintendent to that applicant, or may
initiate its | own criminal history records check
investigation of the | applicant through the Department of
State Police as provided in | subsection (a). Any person who releases any
confidential | information concerning any criminal convictions of an
| applicant for employment shall be guilty of a Class A | misdemeanor, unless
the release of such information is | authorized by this Section.
| (c) No school board shall knowingly employ a person who has | been
convicted for committing attempted first degree murder or | for committing or
attempting to commit first degree murder or a | Class X felony or any one or
more of the
following offenses: | (i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
| 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, | 11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the | "Criminal Code of 1961"; (ii)
those defined in the "Cannabis | Control Act" except those defined in Sections
4(a), 4(b) and | 5(a) of that Act; (iii) those defined in the "Illinois
| Controlled Substances Act"; and (iv) any
offense committed or | attempted in
any other state or against the laws of the United | States, which if
committed or attempted in this State, would | have been punishable as one or
more of the foregoing offenses.
| Further, no school board shall knowingly employ a person who | has been found
to be the perpetrator of sexual or physical | abuse of any minor under 18 years
of age pursuant to |
| proceedings under Article II of the Juvenile Court Act of
1987.
| (d) No school board shall knowingly employ a person for | whom a criminal
history records check
background
investigation | has not been initiated.
| (e) Upon receipt of the record of a conviction of or a | finding of child
abuse by a holder of any
certificate issued | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | Code, the appropriate regional superintendent of schools or the
| State Superintendent of Education shall initiate the | certificate suspension
and revocation proceedings authorized | by law.
| (f) After January 1, 1990 the provisions of this Section | shall apply
to all employees of persons or firms holding | contracts with any school
district including, but not limited | to, food service workers, school bus
drivers and other | transportation employees, who have direct, daily contact
with | the pupils of any school in such district. For purposes of | criminal
history records checks
background
investigations on | employees of persons or firms holding
contracts with more than | one school district and assigned to more than one
school | district, the regional superintendent of the educational | service
region in which the contracting school districts are | located may, at the
request of any such school district, be | responsible for receiving the
authorization for a check
| investigation prepared by each such employee and
submitting the | same to the Department of State Police. Any information
| concerning the record of conviction of any such employee | obtained by the
regional superintendent shall be promptly | reported to the president of the
appropriate school board or | school boards.
| (Source: P.A. 93-418, eff. 1-1-04.)
| (105 ILCS 5/27A-5)
| Sec. 27A-5. Charter school; legal entity; requirements.
| (a) A charter school shall be a public, nonsectarian, | nonreligious, non-home
based, and non-profit school. A charter |
| school shall be organized and operated
as a nonprofit | corporation or other discrete, legal, nonprofit entity
| authorized under the laws of the State of Illinois.
| (b) A charter school may be established under this Article | by creating a new
school or by converting an existing public | school or attendance center to
charter
school status.
| Beginning on the effective date of this amendatory Act of the | 93rd General
Assembly, in all new
applications submitted to the | State Board or a local school board to establish
a charter
| school in a city having a population exceeding 500,000, | operation of the
charter
school shall be limited to one campus. | The changes made to this Section by this
amendatory Act
of the | 93rd General
Assembly do not apply to charter schools existing | or approved on or before the
effective date of this
amendatory | Act.
| (c) A charter school shall be administered and governed by | its board of
directors or other governing body
in the manner | provided in its charter. The governing body of a charter school
| shall be subject to the Freedom of Information Act and the Open | Meetings Act.
| (d) A charter school shall comply with all applicable | health and safety
requirements applicable to public schools | under the laws of the State of
Illinois.
| (e) Except as otherwise provided in the School Code, a | charter school shall
not charge tuition; provided that a | charter school may charge reasonable fees
for textbooks, | instructional materials, and student activities.
| (f) A charter school shall be responsible for the | management and operation
of its fiscal affairs including,
but | not limited to, the preparation of its budget. An audit of each | charter
school's finances shall be conducted annually by an | outside, independent
contractor retained by the charter | school.
| (g) A charter school shall comply with all provisions of | this Article and
its charter. A charter
school is exempt from | all other State laws and regulations in the School Code
|
| governing public
schools and local school board policies, | except the following:
| (1) Sections 10-21.9 and 34-18.5 of the School Code | regarding criminal
history records checks
background
| investigations of applicants for employment;
| (2) Sections 24-24 and 34-84A of the School Code | regarding discipline of
students;
| (3) The Local Governmental and Governmental Employees | Tort Immunity Act;
| (4) Section 108.75 of the General Not For Profit | Corporation Act of 1986
regarding indemnification of | officers, directors, employees, and agents;
| (5) The Abused and Neglected Child Reporting Act;
| (6) The Illinois School Student Records Act; and
| (7) Section 10-17a of the School Code regarding school | report cards.
| (h) A charter school may negotiate and contract with a | school district, the
governing body of a State college or | university or public community college, or
any other public or | for-profit or nonprofit private entity for: (i) the use
of a | school building and grounds or any other real property or | facilities that
the charter school desires to use or convert | for use as a charter school site,
(ii) the operation and | maintenance thereof, and
(iii) the provision of any service, | activity, or undertaking that the charter
school is required to | perform in order to carry out the terms of its charter.
| However, a charter school
that is established on
or
after the | effective date of this amendatory Act of the 93rd General
| Assembly and that operates
in a city having a population | exceeding
500,000 may not contract with a for-profit entity to
| manage or operate the school during the period that commences | on the
effective date of this amendatory Act of the 93rd | General Assembly and
concludes at the end of the 2004-2005 | school year.
Except as provided in subsection (i) of this | Section, a school district may
charge a charter school | reasonable rent for the use of the district's
buildings, |
| grounds, and facilities. Any services for which a charter | school
contracts
with a school district shall be provided by | the district at cost. Any services
for which a charter school | contracts with a local school board or with the
governing body | of a State college or university or public community college
| shall be provided by the public entity at cost.
| (i) In no event shall a charter school that is established | by converting an
existing school or attendance center to | charter school status be required to
pay rent for space
that is | deemed available, as negotiated and provided in the charter | agreement,
in school district
facilities. However, all other | costs for the operation and maintenance of
school district | facilities that are used by the charter school shall be subject
| to negotiation between
the charter school and the local school | board and shall be set forth in the
charter.
| (j) A charter school may limit student enrollment by age or | grade level.
| (Source: P.A. 93-3, eff. 4-16-03.)
| (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
| Sec. 34-18.5. Criminal history records checks
background
| investigations.
| (a) Certified
After August 1, 1985, certified and | noncertified applicants for
employment with the school | district are required as a condition of
employment to authorize | a fingerprint-based criminal history records check
an | investigation to determine if such applicants
have been | convicted of any of the enumerated criminal or drug offenses in
| subsection (c) of this Section or have been
convicted, within 7 | years of the application for employment with the
school | district, of any other felony under the laws of this State or | of any
offense committed or attempted in any other state or | against the laws of
the United States that, if committed or | attempted in this State, would
have been punishable as a felony | under the laws of this State. Authorization
for the
check
| investigation shall
be furnished by the applicant to the school |
| district, except that if the
applicant is a substitute teacher | seeking employment in more than one
school district, or a | teacher seeking concurrent part-time employment
positions with | more than one school district (as a reading specialist,
special | education teacher or otherwise), or an educational support
| personnel employee seeking employment positions with more than | one
district, any such district may require the applicant to | furnish
authorization for the check
investigation to the | regional superintendent of the
educational service region in | which are located the school districts in
which the applicant | is seeking employment as a substitute or concurrent
part-time | teacher or concurrent educational support personnel employee.
| Upon receipt of this authorization, the school district or the | appropriate
regional superintendent, as the case may be, shall | submit the applicant's
name, sex, race, date of birth,
and | social security number, fingerprint images, and other | identifiers, as prescribed by
to the Department
of State | Police, to
on forms prescribed by the Department. The regional
| superintendent submitting the requisite information to the | Department of
State Police shall promptly notify the school | districts in which the
applicant is seeking employment as a | substitute or concurrent part-time
teacher or concurrent | educational support personnel employee that the
check
| investigation of the applicant has been requested. The | Department of State
Police and the Federal Bureau of | Investigation shall furnish, pursuant to a fingerprint-based | criminal history records check, records of convictions, until | expunged, to the president of the school board for the school | district that requested the check, or to the regional | superintendent who requested the check.
shall conduct a search | of the Illinois Criminal history record
information database to | ascertain if the applicant being
considered for employment has | been convicted of committing or attempting to
commit any of the | enumerated
criminal or drug offenses in subsection (c) or
has | been convicted of committing or attempting to commit, within 7 | years of
the application for employment with
the
school |
| district, any other felony under the laws of this State. The
| Department shall charge
the school district
or the appropriate | regional superintendent a fee for
conducting such check
| investigation, which fee shall be deposited in the State
Police | Services Fund and shall not exceed the cost of the inquiry; and | the
applicant shall not be charged a fee for such check
| investigation by the school
district or by the regional | superintendent. Subject to appropriations for these purposes, | the State Superintendent of Education shall reimburse the | school district and regional superintendent for fees paid to | obtain criminal history records checks under this Section.
The | regional superintendent
may seek reimbursement from the State | Board of Education or the appropriate
school district or | districts for fees paid by the
regional superintendent to the | Department for the criminal background
investigations required | by this Section.
| (b) If the search of the Illinois criminal history records | database
indicates that the applicant has been convicted of | committing or attempting to
commit any of the enumerated | criminal or drug offenses in subsection (c) or
has been | convicted of committing or attempting to commit, within 7 years | of the
application for employment with the school district, any | other felony under the
laws of this State,
the Department and | the Federal Bureau of Investigation shall furnish,
pursuant to | a fingerprint based background check,
records of convictions, | until expunged, to the president of the board of
education for | the school district which requested the investigation, or
to | the regional superintendent who requested the investigation. | Any
information concerning the record of convictions obtained | by the president
of the board of education or the regional | superintendent shall be
confidential and may only be | transmitted to the general superintendent of
the school | district or his designee, the appropriate regional
| superintendent if the check
investigation was requested by the | board of education
for the school district, the presidents of | the appropriate board of
education or school boards if the |
| check
investigation was requested from the
Department of State | Police by the regional superintendent, the State
| Superintendent of Education, the State Teacher Certification | Board or any
other person necessary to the decision of hiring | the applicant for
employment. A copy of the record of | convictions obtained from the
Department of State Police shall | be provided to the applicant for
employment. If a check
an | investigation of an applicant for employment as a
substitute or | concurrent part-time teacher or concurrent educational
support | personnel employee in more than one school district was | requested
by the regional superintendent, and the Department of | State Police upon
a check
investigation ascertains that the | applicant has not been convicted of any
of the enumerated | criminal or drug offenses in subsection (c) or has not been
| convicted,
within 7 years of the application for employment | with the
school district, of any other felony under the laws of | this State or of any
offense committed or attempted in any | other state or against the laws of
the United States that, if | committed or attempted in this State, would
have been | punishable as a felony under the laws of this State and so
| notifies the regional superintendent, then the regional | superintendent
shall issue to the applicant a certificate | evidencing that as of the date
specified by the Department of | State Police the applicant has not been
convicted of any of the | enumerated criminal or drug offenses in subsection
(c) or has | not been
convicted, within 7 years of the application for | employment with the
school district, of any other felony under | the laws of this State or of any
offense committed or attempted | in any other state or against the laws of
the United States | that, if committed or attempted in this State, would
have been | punishable as a felony under the laws of this State. The school
| board of any school district located
in
the educational
service | region served by the regional superintendent who issues such a
| certificate to an applicant for employment as a substitute or | concurrent
part-time teacher or concurrent educational support | personnel employee in more
than one such district may rely on |
| the certificate issued by the regional
superintendent to that | applicant, or may initiate its own criminal history records | check
investigation of
the applicant through the Department of | State Police as provided in
subsection (a). Any person who | releases any confidential information
concerning any criminal | convictions of an applicant for employment shall be
guilty of a | Class A misdemeanor, unless the release of such information is
| authorized by this Section.
| (c) The board of education shall not knowingly employ a | person who has
been convicted for committing attempted first | degree murder or for
committing or attempting to commit first | degree murder or a Class X felony
or any one or more of the
| following offenses: (i) those defined in Sections 11-6, 11-9, | 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, | 11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15 | and 12-16 of the Criminal Code of
1961; (ii) those defined in | the Cannabis Control Act,
except those defined in Sections | 4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the | Illinois Controlled Substances Act;
and (iv) any
offense | committed or attempted in any other state or against the laws | of
the United States, which if committed or attempted in this | State, would
have been punishable as one or more of the | foregoing offenses.
Further, the board of education shall not | knowingly employ a person who has
been found to be the | perpetrator of sexual or physical abuse of any minor under
18 | years of age pursuant to proceedings under Article II of the | Juvenile Court
Act of 1987.
| (d) The board of education shall not knowingly employ a | person for whom
a criminal history records check
background
| investigation has not been initiated.
| (e) Upon receipt of the record of a conviction of or a | finding of child
abuse by a holder of any
certificate issued | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | Code, the board of education or the State Superintendent of
| Education shall initiate the certificate suspension and | revocation
proceedings authorized by law.
|
| (f) After March 19, 1990, the provisions of this Section | shall apply to
all employees of persons or firms holding | contracts with any school district
including, but not limited | to, food service workers, school bus drivers and
other | transportation employees, who have direct, daily contact with | the
pupils of any school in such district. For purposes of | criminal history records checks
background
investigations on | employees of persons or firms holding contracts with more
than | one school district and assigned to more than one school | district, the
regional superintendent of the educational | service region in which the
contracting school districts are | located may, at the request of any such
school district, be | responsible for receiving the authorization for
a check
| investigation prepared by each such employee and submitting the | same to the
Department of State Police. Any information | concerning the record of
conviction of any such employee | obtained by the regional superintendent
shall be promptly | reported to the president of the appropriate school board
or | school boards.
| (Source: P.A. 93-418, eff. 1-1-04.)
| Section 15. The Juvenile Court Act of 1987 is amended by | changing Section 2-21 as follows:
| (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
| Sec. 2-21. Findings and adjudication.
| (1) The court shall state for the record the manner in | which the parties
received service of process and shall note | whether the return or returns of
service, postal return receipt | or receipts for notice by certified mail,
or certificate or | certificates of publication have been filed in the court
| record. The court shall enter any appropriate orders of default | against any
parent who has been properly served in any manner | and fails to appear.
| No further service of process as defined in Sections 2-15 | and 2-16 is
required in any subsequent proceeding for a parent |
| who was properly served in
any manner, except as required by | Supreme Court Rule 11.
| The caseworker shall testify about the diligent search | conducted for the
parent.
| After hearing the evidence the court shall determine | whether or not the
minor is abused, neglected, or dependent. If | it finds that the minor is not
such a person, the court shall | order the petition dismissed and the minor
discharged. The | court's determination of whether the minor is abused,
| neglected, or dependent shall be stated in writing with the | factual basis
supporting that determination.
| If the court finds that the minor is abused, neglected, or | dependent, the
court shall then determine and put in writing | the factual basis supporting
that determination, and specify, | to the extent possible, the acts
or omissions or both of each | parent, guardian, or legal custodian that form the
basis
of the | court's findings. That finding shall appear in the order of the | court.
| If the court finds that the child has been abused, | neglected or dependent,
the court shall admonish the parents | that they must cooperate with the
Department of Children and | Family Services, comply with the terms of the
service plan, and | correct the conditions that require the child to be in care,
or | risk termination of parental rights.
| If the court determines that a person has inflicted | physical or sexual
abuse upon a minor, the court shall report | that determination to the Department
of State Police, which | shall include that information in its report to the
President | of the school board for a school district that requests a | criminal history records check
background
investigation of | that person, or the regional superintendent of schools who | requests a check of that person, as required under Section | 10-21.9 or
34-18.5 of the School Code.
| (2) If, pursuant to subsection (1) of this Section, the | court determines
and
puts in writing the factual basis | supporting
the determination that the minor is either abused or |
| neglected or dependent,
the court shall then set a time not | later than 30 days after the entry of the
finding for a | dispositional hearing (unless an earlier date is required
| pursuant to Section 2-13.1) to be conducted under Section 2-22 | at which
hearing the court shall determine whether it is | consistent with the
health, safety and best interests of the
| minor and the public that he be made a ward of the court. To | assist the court
in making this and other determinations at the | dispositional hearing, the court
may order that an | investigation be conducted and a dispositional report be
| prepared concerning the minor's physical and mental history and | condition,
family situation and background, economic status, | education, occupation,
history of delinquency or criminality, | personal habits, and any other
information that may be helpful | to the court. The dispositional hearing may be
continued once | for a period not to exceed 30 days if the court finds that such
| continuance is necessary to complete the dispositional report.
| (3) The time limits of this Section may be waived only by | consent of
all parties and approval by the court, as determined | to be consistent with the
health, safety and best interests of | the minor.
| (4) For all cases adjudicated prior to July 1, 1991, for | which no
dispositional hearing has been held prior to that | date, a dispositional
hearing under Section 2-22 shall be held | within 90 days of July 1, 1991.
| (5) The court may terminate the parental rights of a parent | at the initial
dispositional hearing if all of the following | conditions are met:
| (i) the original or amended petition contains a request | for
termination of parental rights and appointment of a | guardian with power to
consent to adoption; and
| (ii) the court has found by a preponderance of | evidence, introduced or
stipulated to at an adjudicatory | hearing, that the child comes under the
jurisdiction of the | court as an abused, neglected, or dependent minor under
| Section 2-18; and
|
| (iii) the court finds, on the basis of clear and | convincing evidence
admitted at the adjudicatory hearing | that the parent is an unfit person under
subdivision D of | Section 1 of the Adoption Act; and
| (iv) the court determines in accordance with the rules | of evidence for
dispositional proceedings, that:
| (A) it is in the best interest of the minor and | public that the child be
made a ward of the court;
| (A-5) reasonable efforts under subsection (l-1) of | Section 5 of the
Children and Family Services Act are | inappropriate or such efforts were
made and were | unsuccessful; and
| (B) termination of parental rights and appointment | of a guardian with
power to consent to adoption is in | the best interest of the child pursuant to
Section | 2-29.
| (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. | 90-443);
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443, eff. | 8-16-97; 90-566, eff.
1-2-98; 90-608, eff. 6-30-98.)
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/12/2004
|
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