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Public Act 100-0136


 

Public Act 0136 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0136
 
HB2910 EnrolledLRB100 10476 SLF 20689 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 1-3 and 2-28 and by adding Section 2-27.2 as
follows:
 
    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
    Sec. 1-3. Definitions. Terms used in this Act, unless the
context otherwise requires, have the following meanings
ascribed to them:
    (1) "Adjudicatory hearing" means a hearing to determine
whether the allegations of a petition under Section 2-13, 3-15
or 4-12 that a minor under 18 years of age is abused, neglected
or dependent, or requires authoritative intervention, or
addicted, respectively, are supported by a preponderance of the
evidence or whether the allegations of a petition under Section
5-520 that a minor is delinquent are proved beyond a reasonable
doubt.
    (2) "Adult" means a person 21 years of age or older.
    (3) "Agency" means a public or private child care facility
legally authorized or licensed by this State for placement or
institutional care or for both placement and institutional
care.
    (4) "Association" means any organization, public or
private, engaged in welfare functions which include services to
or on behalf of children but does not include "agency" as
herein defined.
    (4.05) Whenever a "best interest" determination is
required, the following factors shall be considered in the
context of the child's age and developmental needs:
        (a) the physical safety and welfare of the child,
    including food, shelter, health, and clothing;
        (b) the development of the child's identity;
        (c) the child's background and ties, including
    familial, cultural, and religious;
        (d) the child's sense of attachments, including:
            (i) where the child actually feels love,
        attachment, and a sense of being valued (as opposed to
        where adults believe the child should feel such love,
        attachment, and a sense of being valued);
            (ii) the child's sense of security;
            (iii) the child's sense of familiarity;
            (iv) continuity of affection for the child;
            (v) the least disruptive placement alternative for
        the child;
        (e) the child's wishes and long-term goals;
        (f) the child's community ties, including church,
    school, and friends;
        (g) the child's need for permanence which includes the
    child's need for stability and continuity of relationships
    with parent figures and with siblings and other relatives;
        (h) the uniqueness of every family and child;
        (i) the risks attendant to entering and being in
    substitute care; and
        (j) the preferences of the persons available to care
    for the child.
    (4.1) "Chronic truant" shall have the definition ascribed
to it in Section 26-2a of the School Code.
    (5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act.
    (6) "Dispositional hearing" means a hearing to determine
whether a minor should be adjudged to be a ward of the court,
and to determine what order of disposition should be made in
respect to a minor adjudged to be a ward of the court.
    (7) "Emancipated minor" means any minor 16 years of age or
over who has been completely or partially emancipated under the
Emancipation of Minors Act or under this Act.
    (7.05) "Foster parent" includes a relative caregiver
selected by the Department of Children and Family Services to
provide care for the minor.
    (8) "Guardianship of the person" of a minor means the duty
and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with his or her general welfare. It includes but is not
necessarily limited to:
        (a) the authority to consent to marriage, to enlistment
    in the armed forces of the United States, or to a major
    medical, psychiatric, and surgical treatment; to represent
    the minor in legal actions; and to make other decisions of
    substantial legal significance concerning the minor;
        (b) the authority and duty of reasonable visitation,
    except to the extent that these have been limited in the
    best interests of the minor by court order;
        (c) the rights and responsibilities of legal custody
    except where legal custody has been vested in another
    person or agency; and
        (d) the power to consent to the adoption of the minor,
    but only if expressly conferred on the guardian in
    accordance with Section 2-29, 3-30, or 4-27.
    (9) "Legal custody" means the relationship created by an
order of court in the best interests of the minor which imposes
on the custodian the responsibility of physical possession of a
minor and the duty to protect, train and discipline him and to
provide him with food, shelter, education and ordinary medical
care, except as these are limited by residual parental rights
and responsibilities and the rights and responsibilities of the
guardian of the person, if any.
    (9.1) "Mentally capable adult relative" means a person 21
years of age or older who is not suffering from a mental
illness that prevents him or her from providing the care
necessary to safeguard the physical safety and welfare of a
minor who is left in that person's care by the parent or
parents or other person responsible for the minor's welfare.
    (10) "Minor" means a person under the age of 21 years
subject to this Act.
    (11) "Parent" means a father or mother of a child and
includes any adoptive parent. It also includes a person (i)
whose parentage is presumed or has been established under the
law of this or another jurisdiction or (ii) who has registered
with the Putative Father Registry in accordance with Section
12.1 of the Adoption Act and whose paternity has not been ruled
out under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have been
terminated in any manner provided by law. It does not include a
person who has been or could be determined to be a parent under
the Illinois Parentage Act of 1984 or the Illinois Parentage
Act of 2015, or similar parentage law in any other state, if
that person has been convicted of or pled nolo contendere to a
crime that resulted in the conception of the child under
Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
12-14.1, subsection (a) or (b) (but not subsection (c)) of
Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, or similar
statute in another jurisdiction unless upon motion of any
party, other than the offender, to the juvenile court
proceedings the court finds it is in the child's best interest
to deem the offender a parent for purposes of the juvenile
court proceedings.
    (11.1) "Permanency goal" means a goal set by the court as
defined in subdivision (2) of Section 2-28.
    (11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) whether the plan
and goal have been achieved.
    (12) "Petition" means the petition provided for in Section
2-13, 3-15, 4-12 or 5-520, including any supplemental petitions
thereunder in Section 3-15, 4-12 or 5-520.
    (12.1) "Physically capable adult relative" means a person
21 years of age or older who does not have a severe physical
disability or medical condition, or is not suffering from
alcoholism or drug addiction, that prevents him or her from
providing the care necessary to safeguard the physical safety
and welfare of a minor who is left in that person's care by the
parent or parents or other person responsible for the minor's
welfare.
    (12.2) "Post Permanency Sibling Contact Agreement" has the
meaning ascribed to the term in Section 7.4 of the Children and
Family Services Act.
    (12.3) "Residential treatment center" means a licensed
setting that provides 24 hour care to children in a group home
or institution, including a facility licensed as a child care
institution under Section 2.06 of the Child Care Act, a
licensed group home under Section 2.16 of the Child Care Act, a
secure child care facility as defined in paragraph (18) of this
Section, or any similar facility in another state. Residential
treatment center does not include a relative foster home or a
licensed foster family home.
    (13) "Residual parental rights and responsibilities" means
those rights and responsibilities remaining with the parent
after the transfer of legal custody or guardianship of the
person, including, but not necessarily limited to, the right to
reasonable visitation (which may be limited by the court in the
best interests of the minor as provided in subsection (8)(b) of
this Section), the right to consent to adoption, the right to
determine the minor's religious affiliation, and the
responsibility for his support.
    (14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
    (14.1) "Sibling Contact Support Plan" has the meaning
ascribed to the term in Section 7.4 of the Children and Family
Services Act.
    (15) "Station adjustment" means the informal handling of an
alleged offender by a juvenile police officer.
    (16) "Ward of the court" means a minor who is so adjudged
under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
requisite jurisdictional facts, and thus is subject to the
dispositional powers of the court under this Act.
    (17) "Juvenile police officer" means a sworn police officer
who has completed a Basic Recruit Training Course, has been
assigned to the position of juvenile police officer by his or
her chief law enforcement officer and has completed the
necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of the Department of State Police.
    (18) "Secure child care facility" means any child care
facility licensed by the Department of Children and Family
Services to provide secure living arrangements for children
under 18 years of age who are subject to placement in
facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards
are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections. "Secure child care
facility" also means a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building, or a distinct part of the building are under the
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building.
(Source: P.A. 98-249, eff. 1-1-14; 99-85, eff. 1-1-16.)
 
    (705 ILCS 405/2-27.2 new)
    Sec. 2-27.2. Placement; out-of-state residential treatment
center.
    (a) In addition to the provisions of subsection (3) of
Section 2-27 of this Act, no placement by any probation officer
or agency whose representative is an appointed guardian of the
person or legal custodian of the minor may be made in an
out-of-state residential treatment center unless the court has
determined that the out-of-state residential placement is in
the best interest and is the least restrictive, most
family-like setting for the minor. The Department's
application to the court to place a minor in an out-of-state
residential treatment center shall include:
        (1) an explanation of what in State resources, if any,
    were considered for the minor and why the minor cannot be
    placed in a residential treatment center or other placement
    in this State;
        (2) an explanation as to how the out-of-state
    residential treatment center will impact the minor's
    relationships with family and other individuals important
    to the minor in and what steps the Department will take to
    preserve those relationships;
        (3) an explanation as to how the Department will ensure
    the safety and well-being of the minor in the out-of-state
    residential treatment center; and
        (4) an explanation as to why it is in the minor's best
    interest to be placed in an out-of-state residential
    treatment center, including a description of the minor's
    treatment needs and how those needs will be met in the
    proposed placement.
    (b) If the out-of-state residential treatment center is a
secure facility as defined in paragraph (18) of Section 1-3 of
this Act, the requirements of Section 27.1 of this Act shall
also be met prior to the minor's placement in the out-of-state
residential treatment center.
    (c) This Section does not apply to an out-of-state
placement of a minor in a family foster home, relative foster
home, a home of a parent, or a dormitory or independent living
setting of a minor attending a post-secondary educational
institution.
 
    (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.
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.
    (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 placement current or
        planned 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: 8/18/2017