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Public Act 097-0975


 

Public Act 0975 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0975
 
HB3806 EnrolledLRB097 13345 RLC 57861 b

    AN ACT concerning minors.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 3-33.5 as follows:
 
    (705 ILCS 405/3-33.5)
    Sec. 3-33.5. Truant minors in need of supervision.
    (a) Definition. A minor who is reported by the office of
the regional superintendent of schools, or, in cities of over
500,000 inhabitants, by the Office of Chronic Truant
Adjudication, as a chronic truant may be subject to a petition
for adjudication and adjudged a truant minor in need of
supervision, provided that prior to the filing of the petition,
the office of the regional superintendent of schools, the
Office of Chronic Truant Adjudication, or a community truancy
review board certifies that the local school has provided
appropriate truancy intervention services to the truant minor
and his or her family. For purposes of this Section, "truancy
intervention services" means services designed to assist the
minor's return to an educational program, and includes but is
not limited to: assessments, counseling, mental health
services, shelter, optional and alternative education
programs, tutoring, and educational advocacy. If, after review
by the regional office of education, the Office of Chronic
Truant Adjudication, or community truancy review board it is
determined the local school did not provide the appropriate
interventions, then the minor shall be referred to a
comprehensive community based youth service agency for truancy
intervention services. If the comprehensive community based
youth service agency is incapable to provide intervention
services, then this requirement for services is not applicable.
The comprehensive community based youth service agency shall
submit reports to the office of the regional superintendent of
schools, the Office of Chronic Truant Adjudication, or truancy
review board within 20, 40, and 80 school days of the initial
referral or at any other time requested by the office of the
regional superintendent of schools, the Office of Chronic
Truant Adjudication, or truancy review board, which reports
each shall certify the date of the minor's referral and the
extent of the minor's progress and participation in truancy
intervention services provided by the comprehensive community
based youth service agency. In addition, if, after referral by
the office of the regional superintendent of schools, the
Office of Chronic Truant Adjudication, or community truancy
review board, the minor declines or refuses to fully
participate in truancy intervention services provided by the
comprehensive community based youth service agency, then the
agency shall immediately certify such facts to the office of
the regional superintendent of schools, the Office of Chronic
Truant Adjudication, or community truancy review board.
    (a-1) There is a rebuttable presumption that a chronic
truant is a truant minor in need of supervision.
    (a-2) There is a rebuttable presumption that school records
of a minor's attendance at school are authentic.
    (a-3) For purposes of this Section, "chronic truant" means
a minor subject to compulsory school attendance and who is
absent without valid cause from such attendance for 10% or more
of the previous 180 regular attendance days and has the meaning
ascribed to it in Section 26-2a of the School Code.
    (a-4) For purposes of this Section, a "community truancy
review board" is a local community based board comprised of but
not limited to: representatives from local comprehensive
community based youth service agencies, representatives from
court service agencies, representatives from local schools,
representatives from health service agencies, and
representatives from local professional and community
organizations as deemed appropriate by the office of the
regional superintendent of schools, or, in cities of over
500,000 inhabitants, by the Office of Chronic Truant
Adjudication. The regional superintendent of schools, or, in
cities of over 500,000 inhabitants, the Office of Chronic
Truant Adjudication, must approve the establishment and
organization of a community truancy review board and the
regional superintendent of schools or his or her designee, or,
in cities of over 500,000 inhabitants, the general
superintendent of schools or his or her designee, shall chair
the board.
    (a-5) Nothing in this Section shall be construed to create
a private cause of action or right of recovery against a
regional office of education or the Office of Chronic Truant
Adjudication, its superintendent, or its staff with respect to
truancy intervention services where the determination to
provide the services is made in good faith.
    (b) Kinds of dispositional orders. A minor found to be a
truant minor in need of supervision may be:
        (1) committed to the appropriate regional
    superintendent of schools for a student assistance team
    staffing, a service plan, or referral to a comprehensive
    community based youth service agency;
        (2) required to comply with a service plan as
    specifically provided by the appropriate regional
    superintendent of schools;
        (3) ordered to obtain counseling or other supportive
    services;
        (4) subject to a fine in an amount in excess of $5, but
    not exceeding $100, and each day of absence without valid
    cause as defined in Section 26-2a of The School Code is a
    separate offense;
        (5) required to perform some reasonable public service
    work such as, but not limited to, the picking up of litter
    in public parks or along public highways or the maintenance
    of public facilities; or
        (6) subject to having his or her driver's license or
    driving privilege suspended for a period of time as
    determined by the court but only until he or she attains 18
    years of age.
    A dispositional order may include a fine, public service,
or suspension of a driver's license or privilege only if the
court has made an express written finding that a truancy
prevention program has been offered by the school, regional
superintendent of schools, or a comprehensive community based
youth service agency to the truant minor in need of
supervision.
    (c) Orders entered under this Section may be enforced by
contempt proceedings.
(Source: P.A. 94-1011, eff. 7-7-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/17/2012