Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 100-0045


 

Public Act 0045 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0045
 
HB1791 EnrolledLRB100 05887 SLF 15913 b

    AN ACT concerning courts.
 
    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 Sections 2-23 and 2-28 as follows:
 
    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
    Sec. 2-23. Kinds of dispositional orders.
    (1) The following kinds of orders of disposition may be
made in respect of wards of the court:
        (a) A minor under 18 years of age found to be neglected
    or abused under Section 2-3 or dependent under Section 2-4
    may be (1) continued in the custody of his or her parents,
    guardian or legal custodian; (2) placed in accordance with
    Section 2-27; (3) restored to the custody of the parent,
    parents, guardian, or legal custodian, provided the court
    shall order the parent, parents, guardian, or legal
    custodian to cooperate with the Department of Children and
    Family Services and comply with the terms of an after-care
    plan or risk the loss of custody of the child and the
    possible termination of their parental rights; or (4)
    ordered partially or completely emancipated in accordance
    with the provisions of the Emancipation of Minors Act.
        However, in any case in which a minor is found by the
    court to be neglected or abused under Section 2-3 of this
    Act, custody of the minor shall not be restored to any
    parent, guardian or legal custodian whose acts or omissions
    or both have been identified, pursuant to subsection (1) of
    Section 2-21, as forming the basis for the court's finding
    of abuse or neglect, until such time as a hearing is held
    on the issue of the best interests of the minor and the
    fitness of such parent, guardian or legal custodian to care
    for the minor without endangering the minor's health or
    safety, and the court enters an order that such parent,
    guardian or legal custodian is fit to care for the minor.
        (b) A minor under 18 years of age found to be dependent
    under Section 2-4 may be (1) placed in accordance with
    Section 2-27 or (2) ordered partially or completely
    emancipated in accordance with the provisions of the
    Emancipation of Minors Act.
        However, in any case in which a minor is found by the
    court to be dependent under Section 2-4 of this Act,
    custody of the minor shall not be restored to any parent,
    guardian or legal custodian whose acts or omissions or both
    have been identified, pursuant to subsection (1) of Section
    2-21, as forming the basis for the court's finding of
    dependency, until such time as a hearing is held on the
    issue of the fitness of such parent, guardian or legal
    custodian to care for the minor without endangering the
    minor's health or safety, and the court enters an order
    that such parent, guardian or legal custodian is fit to
    care for the minor.
        (b-1) A minor between the ages of 18 and 21 may be
    placed pursuant to Section 2-27 of this Act if (1) the
    court has granted a supplemental petition to reinstate
    wardship of the minor pursuant to subsection (2) of Section
    2-33, or (2) the court has adjudicated the minor a ward of
    the court, permitted the minor to return home under an
    order of protection, and subsequently made a finding that
    it is in the minor's best interest to vacate the order of
    protection and commit the minor to the Department of
    Children and Family Services for care and service.
        (c) When the court awards guardianship to the
    Department of Children and Family Services, the court shall
    order the parents to cooperate with the Department of
    Children and Family Services, comply with the terms of the
    service plans, and correct the conditions that require the
    child to be in care, or risk termination of their parental
    rights.
    (2) Any order of disposition may provide for protective
supervision under Section 2-24 and may include an order of
protection under Section 2-25.
    Unless the order of disposition expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification, not inconsistent with Section
2-28, until final closing and discharge of the proceedings
under Section 2-31.
    (3) The court also shall enter any other orders necessary
to fulfill the service plan, including, but not limited to, (i)
orders requiring parties to cooperate with services, (ii)
restraining orders controlling the conduct of any party likely
to frustrate the achievement of the goal, and (iii) visiting
orders. When the child is placed separately from a sibling, the
court shall review the Sibling Contact Support Plan developed
under subsection (f) of Section 7.4 of the Children and Family
Services Act, if applicable. If the Department has not convened
a meeting to develop a Sibling Contact Support Plan, or if the
court finds that the existing Plan is not in the child's best
interest, the court may enter an order requiring the Department
to develop and implement a Sibling Contact Support Plan under
subsection (f) of Section 7.4 of the Children and Family
Services Act or order mediation. Unless otherwise specifically
authorized by law, the court is not empowered under this
subsection (3) to order specific placements, specific
services, or specific service providers to be included in the
plan. If, after receiving evidence, the court determines that
the services contained in the plan are not reasonably
calculated to facilitate achievement of the permanency goal,
the court shall put in writing the factual basis supporting the
determination and enter specific findings based on the
evidence. The court also shall enter an order for the
Department to develop and implement a new service plan or to
implement changes to the current service plan consistent with
the court's findings. The new service plan shall be filed with
the court and served on all parties within 45 days after the
date of the order. The court shall continue the matter until
the new service plan is filed. Except as authorized by
subsection (3.5) of this Section or authorized by law, the
court is not empowered under this Section to order specific
placements, specific services, or specific service providers
to be included in the service plan. Unless otherwise
specifically authorized by law, the court is not empowered
under this subsection (3) or under subsection (2) to order
specific placements, specific services, or specific service
providers to be included in the plan.
    (3.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate to
facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting its determination
and enter specific findings based on the evidence. If the court
finds that the minor's current or planned placement is not
necessary or appropriate, the court may enter an order
directing the Department to implement a recommendation by the
minor's treating clinician or a clinician contracted by the
Department to evaluate the minor or a recommendation made by
the Department. If the Department places a minor in a placement
under an order entered under this subsection (3.5), the
Department has the authority to remove the minor from that
placement when a change in circumstances necessitates the
removal to protect the minor's health, safety, and best
interest. If the Department determines removal is necessary,
the Department shall notify the parties of the planned
placement change in writing no later than 10 days prior to the
implementation of its determination unless remaining in the
placement poses an imminent risk of harm to the minor, in which
case the Department shall notify the parties of the placement
change in writing immediately following the implementation of
its decision. The Department shall notify others of the
decision to change the minor's placement as required by
Department rule.
    (4) In addition to any other order of disposition, the
court may order any minor adjudicated neglected with respect to
his or her own injurious behavior to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentence hearing" referred to therein shall be the
dispositional hearing for purposes of this Section. The parent,
guardian or legal custodian of the minor may pay some or all of
such restitution on the minor's behalf.
    (5) Any order for disposition where the minor is committed
or placed in accordance with Section 2-27 shall provide for the
parents or guardian of the estate of such minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. Such
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
    (6) Whenever the order of disposition requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
    (7) The court may terminate the parental rights of a parent
at the initial dispositional hearing if all of the conditions
in subsection (5) of Section 2-21 are met.
(Source: P.A. 96-581, eff. 1-1-10; 96-600, eff. 8-21-09;
96-1000, eff. 7-2-10; 97-1076, eff. 8-24-12.)
 
    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
    Sec. 2-28. Court review.
    (1) The court may require any legal custodian or guardian
of the person appointed under this Act to report periodically
to the court or may cite him into court and require him or his
agency, to make a full and accurate report of his or its doings
in behalf of the minor. The custodian or guardian, within 10
days after such citation, shall make the report, either in
writing verified by affidavit or orally under oath in open
court, or otherwise as the court directs. Upon the hearing of
the report the court may remove the custodian or guardian and
appoint another in his stead or restore the minor to the
custody of his parents or former guardian or custodian.
However, custody of the minor shall not be restored to any
parent, guardian or legal custodian in any case in which the
minor is found to be neglected or abused under Section 2-3 or
dependent under Section 2-4 of this Act, unless the minor can
be cared for at home without endangering the minor's health or
safety and it is in the best interests of the minor, and if
such neglect, abuse, or dependency is found by the court under
paragraph (1) of Section 2-21 of this Act to have come about
due to the acts or omissions or both of such parent, guardian
or legal custodian, until such time as an investigation is made
as provided in paragraph (5) and a hearing is held on the issue
of the fitness of such parent, guardian or legal custodian to
care for the minor and the court enters an order that such
parent, guardian or legal custodian is fit to care for the
minor.
    (2) The first permanency hearing shall be conducted by the
judge. Subsequent permanency hearings may be heard by a judge
or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act. The initial
hearing shall be held (a) within 12 months from the date
temporary custody was taken, regardless of whether an
adjudication or dispositional hearing has been completed
within that time frame, (b) if the parental rights of both
parents have been terminated in accordance with the procedure
described in subsection (5) of Section 2-21, within 30 days of
the order for termination of parental rights and appointment of
a guardian with power to consent to adoption, or (c) in
accordance with subsection (2) of Section 2-13.1. Subsequent
permanency hearings shall be held every 6 months or more
frequently if necessary in the court's determination following
the initial permanency hearing, in accordance with the
standards set forth in this Section, until the court determines
that the plan and goal have been achieved. Once the plan and
goal have been achieved, if the minor remains in substitute
care, the case shall be reviewed at least every 6 months
thereafter, subject to the provisions of this Section, unless
the minor is placed in the guardianship of a suitable relative
or other person and the court determines that further
monitoring by the court does not further the health, safety or
best interest of the child and that this is a stable permanent
placement. The permanency hearings must occur within the time
frames set forth in this subsection and may not be delayed in
anticipation of a report from any source or due to the agency's
failure to timely file its written report (this written report
means the one required under the next paragraph and does not
mean the service plan also referred to in that paragraph).
    The public agency that is the custodian or guardian of the
minor, or another agency responsible for the minor's care,
shall ensure that all parties to the permanency hearings are
provided a copy of the most recent service plan prepared within
the prior 6 months at least 14 days in advance of the hearing.
If not contained in the plan, the agency shall also include a
report setting forth (i) any special physical, psychological,
educational, medical, emotional, or other needs of the minor or
his or her family that are relevant to a permanency or
placement determination and (ii) for any minor age 16 or over,
a written description of the programs and services that will
enable the minor to prepare for independent living. The
agency's written report must detail what progress or lack of
progress the parent has made in correcting the conditions
requiring the child to be in care; whether the child can be
returned home without jeopardizing the child's health, safety,
and welfare, and if not, what permanency goal is recommended to
be in the best interests of the child, and why the other
permanency goals are not appropriate. The caseworker must
appear and testify at the permanency hearing. If a permanency
hearing has not previously been scheduled by the court, the
moving party shall move for the setting of a permanency hearing
and the entry of an order within the time frames set forth in
this subsection.
    At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
        (A) The minor will be returned home by a specific date
    within 5 months.
        (B) The minor will be in short-term care with a
    continued goal to return home within a period not to exceed
    one year, where the progress of the parent or parents is
    substantial giving particular consideration to the age and
    individual needs of the minor.
        (B-1) The minor will be in short-term care with a
    continued goal to return home pending a status hearing.
    When the court finds that a parent has not made reasonable
    efforts or reasonable progress to date, the court shall
    identify what actions the parent and the Department must
    take in order to justify a finding of reasonable efforts or
    reasonable progress and shall set a status hearing to be
    held not earlier than 9 months from the date of
    adjudication nor later than 11 months from the date of
    adjudication during which the parent's progress will again
    be reviewed.
        (C) The minor will be in substitute care pending court
    determination on termination of parental rights.
        (D) Adoption, provided that parental rights have been
    terminated or relinquished.
        (E) The guardianship of the minor will be transferred
    to an individual or couple on a permanent basis provided
    that goals (A) through (D) have been ruled out.
        (F) The minor over age 15 will be in substitute care
    pending independence.
        (G) The minor will be in substitute care because he or
    she cannot be provided for in a home environment due to
    developmental disabilities or mental illness or because he
    or she is a danger to self or others, provided that goals
    (A) through (D) have been ruled out.
    In selecting any permanency goal, the court shall indicate
in writing the reasons the goal was selected and why the
preceding goals were ruled out. Where the court has selected a
permanency goal other than (A), (B), or (B-1), the Department
of Children and Family Services shall not provide further
reunification services, but shall provide services consistent
with the goal selected.
        (H) Notwithstanding any other provision in this
    Section, the court may select the goal of continuing foster
    care as a permanency goal if:
            (1) The Department of Children and Family Services
        has custody and guardianship of the minor;
            (2) The court has ruled out all other permanency
        goals based on the child's best interest;
            (3) The court has found compelling reasons, based
        on written documentation reviewed by the court, to
        place the minor in continuing foster care. Compelling
        reasons include:
                (a) the child does not wish to be adopted or to
            be placed in the guardianship of his or her
            relative or foster care placement;
                (b) the child exhibits an extreme level of need
            such that the removal of the child from his or her
            placement would be detrimental to the child; or
                (c) the child who is the subject of the
            permanency hearing has existing close and strong
            bonds with a sibling, and achievement of another
            permanency goal would substantially interfere with
            the subject child's sibling relationship, taking
            into consideration the nature and extent of the
            relationship, and whether ongoing contact is in
            the subject child's best interest, including
            long-term emotional interest, as compared with the
            legal and emotional benefit of permanence;
            (4) The child has lived with the relative or foster
        parent for at least one year; and
            (5) The relative or foster parent currently caring
        for the child is willing and capable of providing the
        child with a stable and permanent environment.
    The court shall set a permanency goal that is in the best
interest of the child. In determining that goal, the court
shall consult with the minor in an age-appropriate manner
regarding the proposed permanency or transition plan for the
minor. The court's determination shall include the following
factors:
        (1) Age of the child.
        (2) Options available for permanence, including both
    out-of-State and in-State placement options.
        (3) Current placement of the child and the intent of
    the family regarding adoption.
        (4) Emotional, physical, and mental status or
    condition of the child.
        (5) Types of services previously offered and whether or
    not the services were successful and, if not successful,
    the reasons the services failed.
        (6) Availability of services currently needed and
    whether the services exist.
        (7) Status of siblings of the minor.
    The court shall consider (i) the permanency goal contained
in the service plan, (ii) the appropriateness of the services
contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by
all the parties to the service plan to achieve the goal, and
(iv) whether the plan and goal have been achieved. All evidence
relevant to determining these questions, including oral and
written reports, may be admitted and may be relied on to the
extent of their probative value.
    The court shall make findings as to whether, in violation
of Section 8.2 of the Abused and Neglected Child Reporting Act,
any portion of the service plan compels a child or parent to
engage in any activity or refrain from any activity that is not
reasonably related to remedying a condition or conditions that
gave rise or which could give rise to any finding of child
abuse or neglect. The services contained in the service plan
shall include services reasonably related to remedy the
conditions that gave rise to removal of the child from the home
of his or her parents, guardian, or legal custodian or that the
court has found must be remedied prior to returning the child
home. Any tasks the court requires of the parents, guardian, or
legal custodian or child prior to returning the child home,
must be reasonably related to remedying a condition or
conditions that gave rise to or which could give rise to any
finding of child abuse or neglect.
    If the permanency goal is to return home, the court shall
make findings that identify any problems that are causing
continued placement of the children away from the home and
identify what outcomes would be considered a resolution to
these problems. The court shall explain to the parents that
these findings are based on the information that the court has
at that time and may be revised, should additional evidence be
presented to the court.
    The court shall review the Sibling Contact Support Plan
developed or modified under subsection (f) of Section 7.4 of
the Children and Family Services Act, if applicable. If the
Department has not convened a meeting to develop or modify a
Sibling Contact Support Plan, or if the court finds that the
existing Plan is not in the child's best interest, the court
may enter an order requiring the Department to develop, modify
or implement a Sibling Contact Support Plan, or order
mediation.
    If the goal has been achieved, the court shall enter orders
that are necessary to conform the minor's legal custody and
status to those findings.
    If, after receiving evidence, the court determines that the
services contained in the plan are not reasonably calculated to
facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting the determination
and enter specific findings based on the evidence. The court
also shall enter an order for the Department to develop and
implement a new service plan or to implement changes to the
current service plan consistent with the court's findings. The
new service plan shall be filed with the court and served on
all parties within 45 days of the date of the order. The court
shall continue the matter until the new service plan is filed.
Except as authorized by subsection (2.5) of this Section and as
otherwise specifically authorized by law, the court is not
empowered under this Section to order specific placements,
specific services, or specific service providers to be included
in the service plan. Unless otherwise specifically authorized
by law, the court is not empowered under this subsection (2) or
under subsection (3) to order specific placements, specific
services, or specific service providers to be included in the
plan.
    A guardian or custodian appointed by the court pursuant to
this Act shall file updated case plans with the court every 6
months.
    Rights of wards of the court under this Act are enforceable
against any public agency by complaints for relief by mandamus
filed in any proceedings brought under this Act.
    (2.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate to
facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting its determination
and enter specific findings based on the evidence. If the court
finds that the minor's current or planned placement is not
necessary or appropriate, the court may enter an order
directing the Department to implement a recommendation by the
minor's treating clinician or a clinician contracted by the
Department to evaluate the minor or a recommendation made by
the Department. If the Department places a minor in a placement
under an order entered under this subsection (2.5), the
Department has the authority to remove the minor from that
placement when a change in circumstances necessitates the
removal to protect the minor's health, safety, and best
interest. If the Department determines removal is necessary,
the Department shall notify the parties of the planned
placement change in writing no later than 10 days prior to the
implementation of its determination unless remaining in the
placement poses an imminent risk of harm to the minor, in which
case the Department shall notify the parties of the placement
change in writing immediately following the implementation of
its decision. The Department shall notify others of the
decision to change the minor's placement as required by
Department rule.
    (3) Following the permanency hearing, the court shall enter
a written order that includes the determinations required under
subsection (2) of this Section and sets forth the following:
        (a) The future status of the minor, including the
    permanency goal, and any order necessary to conform the
    minor's legal custody and status to such determination; or
        (b) If the permanency goal of the minor cannot be
    achieved immediately, the specific reasons for continuing
    the minor in the care of the Department of Children and
    Family Services or other agency for short term placement,
    and the following determinations:
            (i) (Blank).
            (ii) Whether the services required by the court and
        by any service plan prepared within the prior 6 months
        have been provided and (A) if so, whether the services
        were reasonably calculated to facilitate the
        achievement of the permanency goal or (B) if not
        provided, why the services were not provided.
            (iii) Whether the minor's current or planned
        placement is necessary, and appropriate to the plan and
        goal, recognizing the right of minors to the least
        restrictive (most family-like) setting available and
        in close proximity to the parents' home consistent with
        the health, safety, best interest and special needs of
        the minor and, if the minor is placed out-of-State,
        whether the out-of-State placement continues to be
        appropriate and consistent with the health, safety,
        and best interest of the minor.
            (iv) (Blank).
            (v) (Blank).
    (4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for
the restoration of the minor to the custody of his parents or
former guardian or custodian.
    When return home is not selected as the permanency goal:
        (a) The Department, the minor, or the current foster
    parent or relative caregiver seeking private guardianship
    may file a motion for private guardianship of the minor.
    Appointment of a guardian under this Section requires
    approval of the court.
        (b) The State's Attorney may file a motion to terminate
    parental rights of any parent who has failed to make
    reasonable efforts to correct the conditions which led to
    the removal of the child or reasonable progress toward the
    return of the child, as defined in subdivision (D)(m) of
    Section 1 of the Adoption Act or for whom any other
    unfitness ground for terminating parental rights as
    defined in subdivision (D) of Section 1 of the Adoption Act
    exists.
        When parental rights have been terminated for a minimum
    of 3 years and the child who is the subject of the
    permanency hearing is 13 years old or older and is not
    currently placed in a placement likely to achieve
    permanency, the Department of Children and Family Services
    shall make reasonable efforts to locate parents whose
    rights have been terminated, except when the Court
    determines that those efforts would be futile or
    inconsistent with the subject child's best interests. The
    Department of Children and Family Services shall assess the
    appropriateness of the parent whose rights have been
    terminated, and shall, as appropriate, foster and support
    connections between the parent whose rights have been
    terminated and the youth. The Department of Children and
    Family Services shall document its determinations and
    efforts to foster connections in the child's case plan.
    Custody of the minor shall not be restored to any parent,
guardian or legal custodian in any case in which the minor is
found to be neglected or abused under Section 2-3 or dependent
under Section 2-4 of this Act, unless the minor can be cared
for at home without endangering his or her health or safety and
it is in the best interest of the minor, and if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of this Act to have come about due to the acts
or omissions or both of such parent, guardian or legal
custodian, until such time as an investigation is made as
provided in paragraph (5) and a hearing is held on the issue of
the health, safety and best interest of the minor and the
fitness of such parent, guardian or legal custodian to care for
the minor and the court enters an order that such parent,
guardian or legal custodian is fit to care for the minor. In
the event that the minor has attained 18 years of age and the
guardian or custodian petitions the court for an order
terminating his guardianship or custody, guardianship or
custody shall terminate automatically 30 days after the receipt
of the petition unless the court orders otherwise. No legal
custodian or guardian of the person may be removed without his
consent until given notice and an opportunity to be heard by
the court.
    When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and Family
Services and comply with the terms of an after-care plan, or
risk the loss of custody of the child and possible termination
of their parental rights. The court may also enter an order of
protective supervision in accordance with Section 2-24.
    (5) Whenever a parent, guardian, or legal custodian files a
motion for restoration of custody of the minor, and the minor
was adjudicated neglected, abused, or dependent as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate
the likelihood of any further physical abuse to the minor.
Evidence of such criminal convictions shall be taken into
account in determining whether the minor can be cared for at
home without endangering his or her health or safety and
fitness of the parent, guardian, or legal custodian.
        (a) Any agency of this State or any subdivision thereof
    shall co-operate with the agent of the court in providing
    any information sought in the investigation.
        (b) The information derived from the investigation and
    any conclusions or recommendations derived from the
    information shall be provided to the parent, guardian, or
    legal custodian seeking restoration of custody prior to the
    hearing on fitness and the movant shall have an opportunity
    at the hearing to refute the information or contest its
    significance.
        (c) All information obtained from any investigation
    shall be confidential as provided in Section 5-150 of this
    Act.
(Source: P.A. 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12;
98-756, eff. 7-16-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2017