Public Act 90-0087 of the 90th General Assembly
Public Act 90-0087
SB1099 Enrolled LRB9003541RCks
AN ACT concerning juveniles, amending a named Act.
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, 1-8, 2-10, 2-22, 2-28, and 2-28.1 and
adding Section 2-28.01 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. "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 5-13 that a minor is
delinquent are proved beyond a reasonable doubt.
(2) Adult. "Adult" means a person 21 years of age or
older.
(3) Agency. "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. "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.
(4.1) Chronic truant. "Chronic truant" shall have the
definition ascribed to it in Section 26-2a of The School
Code.
(5) Court. "Court" means the circuit court in a session
or division assigned to hear proceedings under this Act.
(6) Dispositional hearing. "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. "Emancipated minor" means any
minor 16 years of age or over who has been completely or
partially emancipated under the "Emancipation of Mature
Minors Act", enacted by the Eighty-First General Assembly, or
under this Act.
(8) Guardianship of the person. "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, 4-27 or 5-31.
(9) Legal custody. "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.
(10) Minor. "Minor" means a person under the age of 21
years subject to this Act.
(11) Parents. "Parent" means the father or mother of a
child and includes any adoptive parent. It also includes the
father whose paternity is presumed or has been established
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.
(11.1) "Permanency goal" means a goal set by a service
plan or an administrative case review or in counties with a
population of 3,000,000 or more, a goal ordered by a judge,
including, but not limited to, (i) remaining home, (ii)
returning home to a specified parent or guardian, (iii)
adoption, (iv) successor guardianship, (v) long-term relative
foster care, (vi) other long-term substitute care, when no
other goal is appropriate, or (vii) emancipation.
(11.2) "Permanency review hearing" means a hearing to
review and determine (i) the appropriateness of the
permanency goal in light of the permanency alternatives, (ii)
the appropriateness of the plan to achieve the goal, (iii)
the appropriateness of the services delivered and to be
delivered to effectuate the plan and goal, and (iv) the
efforts being made by all the parties to achieve the plan and
goal.
(12) Petition. "Petition" means the petition provided
for in Section 2-13, 3-15, 4-12 or 5-13, including any
supplemental petitions thereunder.
(13) Residual parental rights and responsibilities.
"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. "Shelter" means the temporary care of a
minor in physically unrestricting facilities pending court
disposition or execution of court order for placement.
(15) Station adjustment. "Station adjustment" means the
informal handling of an alleged offender by a juvenile police
officer.
(16) Ward of the court. "Ward of the court" means a
minor who is so adjudged under Section 2-22, 3-23, 4-20 or
5-22, 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. "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.
(Source: P.A. 88-7, Sec. 5; 88-7, Sec. 15; 88-487; 88-586,
eff. 8-12-94; 88-670, eff. 12-2-94.)
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, his
parents, guardian and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing
an arrest or search warrant or other compulsory process,
or to conducting an ongoing investigation or relating to
a minor who has been adjudicated delinquent and there has
been a previous finding that the act which constitutes
the previous offense was committed in furtherance of
criminal activities by a criminal street gang.
Before July 1, 1994, for the purposes of this
Section, "criminal street gang" means any ongoing
organization, association, or group of 3 or more persons,
whether formal or informal, having as one of its primary
activities the commission of one or more criminal acts
and that has a common name or common identifying sign,
symbol or specific color apparel displayed, and whose
members individually or collectively engage in or have
engaged in a pattern of criminal activity.
Beginning July 1, 1994, for purposes of this
Section, "criminal street gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
(3) Judges, hearing officers, prosecutors,
probation officers, social workers or other individuals
assigned by the court to conduct a pre-adjudication or
predisposition investigation, and individuals responsible
for supervising or providing temporary or permanent care
and custody for minors pursuant to the order of the
juvenile court when essential to performing their
responsibilities.
(4) Judges, prosecutors and probation officers:
(a) in the course of a trial when institution
of criminal proceedings has been permitted under
Section 5-4 or required under Section 5-4; or
(b) when criminal proceedings have been
permitted under Section 5-4 or required under
Section 5-4 and a minor is the subject of a
proceeding to determine the amount of bail; or
(c) when criminal proceedings have been
permitted under Section 5-4 or required under
Section 5-4 and a minor is the subject of a
pre-trial investigation, pre-sentence investigation
or fitness hearing, or proceedings on an application
for probation; or
(d) when a minor becomes 17 years of age or
older, and is the subject of criminal proceedings,
including a hearing to determine the amount of bail,
a pre-trial investigation, a pre-sentence
investigation, a fitness hearing, or proceedings on
an application for probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court
and the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity
and protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of The Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary
of State, courts, and police officers.
(10) The administrator of a bonafide substance
abuse student assistance program with the permission of
the presiding judge of the juvenile court.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
(C) Except as otherwise provided in this subsection (C),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court.
The State's Attorney, the minor, his parents, guardian and
counsel shall at all times have the right to examine court
files and records.
(1) The court shall allow the general public to
have access to the name, address, and offense of a minor
who is adjudicated a delinquent minor under this Act
under either of the following circumstances:
(A) The adjudication of delinquency was based
upon the minor's commission of first degree murder,
attempt to commit first degree murder, aggravated
criminal sexual assault, or criminal sexual assault;
or
(B) The court has made a finding that the
minor was at least 13 years of age at the time the
act was committed and the adjudication of
delinquency was based upon the minor's commission
of: (i) an act in furtherance of the commission of a
felony as a member of or on behalf of a criminal
street gang, (ii) an act involving the use of a
firearm in the commission of a felony, (iii) an act
that would be a Class X felony offense under or the
minor's second or subsequent Class 2 or greater
felony offense under the Cannabis Control Act if
committed by an adult, (iv) an act that would be a
second or subsequent offense under Section 402 of
the Illinois Controlled Substances Act if committed
by an adult, or (v) an act that would be an offense
under Section 401 of the Illinois Controlled
Substances Act if committed by an adult.
(2) The court shall allow the general public to
have access to the name, address, and offense of a minor
who is at least 13 years of age at the time the offense
is committed and who is convicted, in criminal
proceedings permitted or required under Section 5-4,
under either of the following circumstances:
(A) The minor has been convicted of first
degree murder, attempt to commit first degree
murder, aggravated criminal sexual assault, or
criminal sexual assault,
(B) The court has made a finding that the
minor was at least 13 years of age at the time the
offense was committed and the conviction was based
upon the minor's commission of: (i) an offense in
furtherance of the commission of a felony as a
member of or on behalf of a criminal street gang,
(ii) an offense involving the use of a firearm in
the commission of a felony, (iii) a Class X felony
offense under or a second or subsequent Class 2 or
greater felony offense under the Cannabis Control
Act, (iv) a second or subsequent offense under
Section 402 of the Illinois Controlled Substances
Act, or (v) an offense under Section 401 of the
Illinois Controlled Substances Act.
(D) Pending or following any adjudication of delinquency
for any offense defined in Sections 12-13 through 12-16 of
the Criminal Code of 1961, the victim of any such offense
shall receive the rights set out in Sections 4 and 6 of the
Bill of Rights for Victims and Witnesses of Violent Crime
Act; and the juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights
to the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority examining
the character and fitness of an applicant for a position as a
law enforcement officer to ascertain whether that applicant
was ever adjudicated to be a delinquent minor and, if so, to
examine the records of disposition or evidence which were
made in proceedings under this Act.
(F) Following any adjudication of delinquency for a
crime which would be a felony if committed by an adult, or
following any adjudication of delinquency for a violation of
Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
1961, the State's Attorney shall ascertain whether the minor
respondent is enrolled in school and, if so, shall provide a
copy of the dispositional order to the principal or chief
administrative officer of the school. Access to such
juvenile records shall be limited to the principal or chief
administrative officer of the school and any guidance
counselor designated by him.
(G) Nothing contained in this Act prevents the sharing
or disclosure of information or records relating or
pertaining to juveniles subject to the provisions of the
Serious Habitual Offender Comprehensive Action Program when
that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(H) When a Court hearing a proceeding under Article II
of this Act becomes aware that an earlier proceeding under
Article II had been heard in a different county, that Court
shall request, and the Court in which the earlier proceedings
were initiated shall transmit, an authenticated copy of the
Court record, including all documents, petitions, and orders
filed therein and the minute orders, transcript of
proceedings, and docket entries of the Court.
(I) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required
by the Department of State Police, the final disposition of
each minor who has been arrested or taken into custody before
his or her 17th birthday for those offenses required to be
reported under Section 5 of the Criminal Identification Act.
Information reported to the Department under this Section may
be maintained with records that the Department files under
Section 2.1 of the Criminal Identification Act.
(Source: P.A. 88-45; 88-51; 88-344; 88-467; 88-548, eff.
1-1-95; 88-550, eff. 7-3-94; 88-614, eff. 9-7-94; 88-670,
eff. 12-2-94; 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
89-377, eff. 8-18-95; 89-626, eff. 8-9-96.)
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance
of the minor before the court at the temporary custody
hearing, all witnesses present shall be examined before the
court in relation to any matter connected with the
allegations made in the petition.
(1) If the court finds that there is not probable cause
to believe that the minor is abused, neglected or dependent
it shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is abused, neglected or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. The Department of Children and
Family Services shall give testimony concerning indicated
reports of abuse and neglect, of which they are aware of
through the central registry, involving the minor's parent,
guardian or custodian. After such testimony, the court may,
if it is in the best interests of the minor, enter an order
that the minor shall be released upon the request of parent,
guardian or custodian if the parent, guardian or custodian
appears to take custody. Custodian shall include any agency
of the State which has been given custody or wardship of the
child. If it is in the best interests of the minor, the court
may also prescribe shelter care and order that the minor be
kept in a suitable place designated by the court or in a
shelter care facility designated by the Department of
Children and Family Services or a licensed child welfare
agency; however, a minor charged with a criminal offense
under the Criminal Code of 1961 or adjudicated delinquent
shall not be placed in the custody of or committed to the
Department of Children and Family Services by any court,
except a minor less than 13 years of age and committed to the
Department of Children and Family Services under Section 5-23
of this Act or a minor for whom an independent basis of
abuse, neglect, or dependency exists, which must be defined
by departmental rule. In placing the minor, the Department or
other agency shall, to the extent compatible with the court's
order, comply with Section 7 of the Children and Family
Services Act. In determining that it is in the best interests
of the minor to prescribe shelter care, the court must find
that it is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of
another that the minor be placed in a shelter care facility
or that he or she is likely to flee the jurisdiction of the
court, and must further find that reasonable efforts have
been made or that, in the best interests of the minor, no
efforts reasonably can be made to prevent or eliminate the
necessity of removal of the minor from his or her home. The
court shall require documentation from the Department of
Children and Family Services as to the reasonable efforts
that were made to prevent or eliminate the necessity of
removal of the minor from his or her home or the reasons why
no efforts reasonably could be made to prevent or eliminate
the necessity of removal. When a minor is placed in the home
of a relative, the Department of Children and Family Services
shall complete a preliminary background review of the members
of the minor's custodian's household in accordance with
Section 4.3 of the Child Care Act of 1969 within 90 days of
that placement. If the minor is ordered placed in a shelter
care facility of the Department of Children and Family
Services or a licensed child welfare agency, the court shall,
upon request of the appropriate Department or other agency,
appoint the Department of Children and Family Services
Guardianship Administrator or other appropriate agency
executive temporary custodian of the minor and the court may
enter such other orders related to the temporary custody as
it deems fit and proper, including the provision of services
to the minor or his family to ameliorate the causes
contributing to the finding of probable cause or to the
finding of the existence of immediate and urgent necessity.
Acceptance of services shall not be considered an admission
of any allegation in a petition made pursuant to this Act,
nor may a referral of services be considered as evidence in
any proceeding pursuant to this Act, except where the issue
is whether the Department has made reasonable efforts to
reunite the family. In making its findings that it is in the
best interests of the minor to prescribe shelter care, the
court shall state in writing (i) the factual basis supporting
its findings concerning the immediate and urgent necessity
for the protection of the minor or of the person or property
of another and (ii) the factual basis supporting its findings
that reasonable efforts were made to prevent or eliminate the
removal of the minor from his or her home or that no efforts
reasonably could be made to prevent or eliminate the removal
of the minor from his or her home. The parents, guardian,
custodian, temporary custodian and minor shall each be
furnished a copy of such written findings. The temporary
custodian shall maintain a copy of the court order and
written findings in the case record for the child. The order
together with the court's findings of fact in support thereof
shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall
not be returned to the parent, custodian or guardian until
the court finds that such placement is no longer necessary
for the protection of the minor.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
is unable to serve notice on the party respondent, the
shelter care hearing may proceed ex-parte. A shelter care
order from an ex-parte hearing shall be endorsed with the
date and hour of issuance and shall be filed with the clerk's
office and entered of record. The order shall expire after 10
days from the time it is issued unless before its expiration
it is renewed, at a hearing upon appearance of the party
respondent, or upon an affidavit of the moving party as to
all diligent efforts to notify the party respondent by notice
as herein prescribed. The notice prescribed shall be in
writing and shall be personally delivered to the minor or the
minor's attorney and to the last known address of the other
person or persons entitled to notice. The notice shall also
state the nature of the allegations, the nature of the order
sought by the State, including whether temporary custody is
sought, and the consequences of failure to appear; and shall
explain the right of the parties and the procedures to vacate
or modify a shelter care order as provided in this Section.
The notice for a shelter care hearing shall be substantially
as follows:
NOTICE TO PARENTS AND CHILDREN
OF SHELTER CARE HEARING
On ................ at ........., before the
Honorable ................, (address:) .................,
the State of Illinois will present evidence (1) that
(name of child or children) ....................... are
abused, neglected or dependent for the following reasons:
.............................................. and (2)
that there is "immediate and urgent necessity" to remove
the child or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a
trial can be held. A trial may not be held for up to 90
days.
At the shelter care hearing, parents have the
following rights:
1. To ask the court to appoint a lawyer if
they cannot afford one.
2. To ask the court to continue the hearing to
allow them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children
were abused, neglected or dependent.
b. Whether or not there is "immediate and
urgent necessity" to remove the child from home
(including: their ability to care for the
child, conditions in the home, alternative
means of protecting the child other than
removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to
................, you have the right to request a full
rehearing on whether the State should have temporary
custody of ................. To request this rehearing,
you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by
mailing a statement (affidavit) setting forth the
following:
1. That you were not present at the shelter
care hearing.
2. That you did not get adequate notice
(explaining how the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within 48 hours
one day of your filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice
explains those rights.
At the Shelter Care Hearing, children have the
following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and
to present testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other
parties.
4. To obtain an explanation of any proceedings
and orders of the court.
(4) If the parent, guardian, legal custodian,
responsible relative, minor age 8 or over, or counsel of the
minor did not have actual notice of or was not present at the
shelter care hearing, he or she may file an affidavit setting
forth these facts, and the clerk shall set the matter for
rehearing not later than 48 hours, excluding Sundays and
legal holidays, after the filing of the affidavit. At the
rehearing, the court shall proceed in the same manner as upon
the original hearing.
(5) Only when there is reasonable cause to believe that
the minor taken into custody is a person described in Section
5-3 may the minor be kept or detained in a detention home or
county or municipal jail. This Section shall in no way be
construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of
prisoners in a police station. Minors under 17 years of age
must be kept separate from confined adults and may not at any
time be kept in the same cell, room, or yard with adults
confined pursuant to the criminal law.
(7) If the minor is not brought before a judicial
officer within the time period as specified in Section 2-9,
the minor must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not
later than 7 days after the original order and shall issue a
summons directed to the parent, guardian or custodian to
appear. At the same time the probation department shall
prepare a report on the minor. If a parent, guardian or
custodian does not appear at such rehearing, the judge may
enter an order prescribing that the minor be kept in a
suitable place designated by the Department of Children and
Family Services or a licensed child welfare agency.
(9) Notwithstanding any other provision of this Section
any interested party, including the State, the temporary
custodian, an agency providing services to the minor or
family under a service plan pursuant to Section 8.2 of the
Abused and Neglected Child Reporting Act, foster parent, or
any of their representatives, on notice to all parties
entitled to notice, may file a motion that it is in the best
interests of the minor to modify or vacate a temporary
custody order on any of the following grounds:
(a) It is no longer a matter of immediate and
urgent necessity that the minor remain in shelter care;
or
(b) There is a material change in the circumstances
of the natural family from which the minor was removed;
or
(c) A person not a party to the alleged abuse,
neglect or dependency, including a parent, relative or
legal guardian, is capable of assuming temporary custody
of the minor; or
(d) Services provided by the Department of Children
and Family Services or a child welfare agency or other
service provider have been successful in eliminating the
need for temporary custody.
In ruling on the motion, the court shall determine
whether it is in the best interests of the minor to modify or
vacate a temporary custody order.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the
court modifies or vacates a temporary custody order but does
not vacate its finding of probable cause, the court may order
that appropriate services be continued or initiated in behalf
of the minor and his or her family.
(10) When the court finds or has found that there is
probable cause to believe a minor is an abused minor as
described in subsection (2) of Section 2-3 and that there is
an immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall
be presumed for any other minor residing in the same
household as the abused minor provided:
(a) Such other minor is the subject of an abuse or
neglect petition pending before the court; and
(b) A party to the petition is seeking shelter care
for such other minor.
Once the presumption of immediate and urgent necessity
has been raised, the burden of demonstrating the lack of
immediate and urgent necessity shall be on any party that is
opposing shelter care for the other minor.
(Source: P.A. 88-7; 88-491; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 89-21, eff. 7-1-95; 89-422; 89-582, eff. 1-1-97;
89-626, eff. 8-9-96.)
(705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
Sec. 2-22. Dispositional hearing; evidence; continuance.
(1) At the dispositional hearing, the court shall
determine whether it is in the best interests of the minor
and the public that he be made a ward of the court, and, if
he is to be made a ward of the court, the court shall
determine the proper disposition best serving the interests
of the minor and the public. The court also shall consider
the permanency goal set for the minor, the nature of the
service plan for the minor and the services delivered and to
be delivered under the plan. All evidence helpful in
determining these questions, including oral and written
reports, may be admitted and may be relied upon to the extent
of its probative value, even though not competent for the
purposes of the adjudicatory hearing.
(2) Notice in compliance with Sections 2-15 and 2-16
must be given to all parties-respondent prior to proceeding
to a dispositional hearing. Before making an order of
disposition the court shall advise the State's Attorney, the
parents, guardian, custodian or responsible relative or their
counsel of the factual contents and the conclusions of the
reports prepared for the use of the court and considered by
it, and afford fair opportunity, if requested, to controvert
them. The court may order, however, that the documents
containing such reports need not be submitted to inspection,
or that sources of confidential information need not be
disclosed except to the attorneys for the parties. Factual
contents, conclusions, documents and sources disclosed by the
court under this paragraph shall not be further disclosed
without the express approval of the court pursuant to an in
camera hearing.
(3) A record of a prior continuance under supervision
under Section 2-20, whether successfully completed or not, is
admissible at the dispositional hearing.
(4) On its own motion or that of the State's Attorney, a
parent, guardian, custodian, responsible relative or counsel,
the court may adjourn the hearing for a reasonable period to
receive reports or other evidence, if the adjournment is in
the best interests of the minor, but in no event shall
continuances be granted so that the dispositional hearing
occurs more than 12 months after the initial removal of a
minor from his or her home. In scheduling investigations and
hearings, the court shall give priority to proceedings in
which a minor has been removed from his or her home before an
order of disposition has been made.
(5) Unless already set by the court, at the conclusion
of the dispositional hearing, the court shall set the date
for the first permanency hearing, to be conducted under
subsection (2) of Section 2-28 or subsection (c) of Section
2-28.01, which shall be held no later than 16 months after
the minor is taken into temporary custody or in counties with
a population over 3,000,000, no later than 12 months after
the minor is taken into temporary custody.
(Source: P.A. 88-7; 88-487; 88-670, eff. 12-2-94; 89-17, eff.
5-31-95.)
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review in counties with a population
under 3,000,000.
(0.5) This Section applies in counties with a population
under 3,000,000.
(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 of this Act, unless it is in the
best interests of the minor, and if such neglect or abuse is
found by the court under paragraph (2) of Section 2-21 of
this Act to be the result of physical abuse inflicted on the
minor by 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) Permanency hearings shall be conducted by the court,
or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act.
Permanency hearings shall be held every 12 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 12
months thereafter, subject to the provisions of this Section.
Notice in compliance with Sections 2-15 and 2-16 must
have been given to all parties-respondent before proceeding
to a permanency hearing.
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. If a permanency review
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 review (i) the
appropriateness of the permanency goal, (ii) the
appropriateness of the plan to achieve the goal, (iii) the
appropriateness of the services contained in the plan and
whether those services have been provided, (iv) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (v) 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.
In reviewing the permanency goal and the most recent
service plan prepared within the prior 6 months, the standard
of review to be employed by the court shall be whether the
Department of Children and Family Services, in setting the
permanency goal and the service plan, abused its discretion
in light of the best interests of the child, the permanency
alternatives, and the facts in the individual case.
If the plan and goal are found to be appropriate and to
have 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 Department of Children and Family Services abused its
discretion in identifying services contained in the plan that
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.
If, after receiving evidence, the court determines that
the Department of Children and Family Services abused its
discretion in setting a permanency goal that is not in the
best interests of the minor, the court shall enter specific
findings in writing based on the evidence. The court also
shall enter an order for the Department to set a new
permanency goal and to develop and implement a new service
plan that is 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.
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 an order setting forth the following determinations in
writing:
(a) The future status of the minor, including but
not limited to whether the minor should be returned to
the parent, should be continued in the care of the
Department of Children and Family Services or other
agency for a specified period, should be placed for
adoption, should be emancipated, or should (because of
the minor's special needs or circumstances) be continued
in the care of the Department of Children and Family
Services or other agency on a permanent or long-term
basis, and any orders necessary to conform the minor's
legal custody and status to such determination; or
(b) if the future status 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) Whether the permanency goal is in the best
interests of the minor, or whether the Department of
Children and Family Services abused its discretion
in setting a goal that is not in the best interests
of the minor.
(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 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 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 in the best interest of the minor.
(iv) Whether, because of any of the findings
under subparagraphs (i) through (iii), the
Department of Children and Family Services should be
ordered to set a new permanency goal or develop and
implement a new service plan consistent with such
findings.
(v) Whether any orders to effectuate the
completion of a plan or goal are necessary,
including conforming the minor's custody or status
to a goal being achieved.
Any order entered pursuant to this subsection (3) shall
be immediately appealable as a matter of right under Supreme
Court Rule 304(b)(1).
(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. 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 of this Act, unless it
is in the best interest of the minor, and if such neglect or
abuse is found by the court under paragraph (2) of Section
2-21 of this Act to be the result of physical abuse inflicted
on the minor by such parent, guardian or legal custodian,
until such time as an investigation is made as provided in
paragraph (4) 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. 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.
(5) Whenever a parent, guardian, or legal custodian
petitions for restoration of custody of the minor, and the
minor was adjudicated neglected or abused as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the petitioner 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 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 petitioner 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 1-10 of this
Act.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
eff. 8-9-96.)
(705 ILCS 405/2-28.01 new)
Sec. 2-28.01. Court review in counties with a population
of 3,000,000 or more.
(a) This Section applies in counties with a population
of 3,000,000 or more.
(b) 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 or her into court
and require him or her, or his or her agency, to make a full
and accurate report of his or her or its doings in behalf of
the minor. The custodian or guardian, within 10 days after
the 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 or her stead or restore the minor to
the custody of his or her 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 of this Act, unless it is in the best
interests of the minor, and if the neglect or abuse is found
by the court under paragraph (2) of Section 2-21 of this Act
to be the result of physical abuse inflicted on the minor by
the parent, guardian, or legal custodian, until such time as
an investigation is made as provided in paragraph (g) of this
Section and a hearing is held on the issue of the fitness of
the parent, guardian, or legal custodian to care for the
minor and the court enters an order that the parent,
guardian, or legal custodian is fit to care for the minor.
(c) The first permanency hearing shall be conducted by a
judge. Subsequent permanency hearings may be heard by a
judge or by a hearing officer 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 within 12 months from the
date temporary custody was taken. 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 further monitoring by the court does
not further the 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).
(1) 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 years or over, a written description of
the programs and services that will enable the minor to
prepare for independent living. If a permanency review
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 (c).
(2) 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) (1) The minor will be in short-term care with a
continued goal to return home within a period not to
exceed one year, when the progress of the parent or
parents is substantial giving particular consideration to
the age and individual needs of the minor, or
(2) if the permanency hearing is held less
than 9 months after adjudication and the court finds
that the parent or parents have not made substantial
progress the court may:
(i) make a finding regarding reasonable
progress or efforts at that point;
(ii) when appropriate identify what
actions the parent or the Department of
Children and Family Services must take in order
to justify a finding of reasonable efforts and
reasonable progress; and
(iii) enter an order continuing the
permanency hearing to a date not earlier than 9
months from the date of the adjudication nor
later than 11 months from the date of the
adjudication.
(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 12 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. If the court has selected
a permanency goal other than (A) or (B) the Department of
Children and Family Services shall not provide further
reunification services, but shall provide services consistent
with the goal selected.
The court shall consider the following factors when
setting the permanency goal:
(i) Age of the child.
(ii) Options available for permanence.
(iii) Current placement of the child and the intent
of the family regarding adoption.
(iv) Emotional, physical, and mental status or
condition of the child.
(v) Types of services previously offered and
whether or not the services were successful and, if not
successful, the reasons the services failed.
(vi) Availability of services currently needed and
whether the services exist.
(vii) Status of siblings of the minor.
(3) The court shall consider (i) the permanency goal
contained in the case 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.
(4) 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.
(d) 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 after
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 (d) or under subsection (c) or (e) 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.
(e) Following the permanency hearing, the court shall
enter an order setting forth the following determinations in
writing:
(1) The future status of the minor, including the
permanency goal, and any orders necessary to conform the
minor's legal custody and status to the determination; or
(2) 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:
(A) Whether the services required by the court
and by any service plan prepared within the prior 6
months have been provided and (i) if so, whether the
services were reasonably calculated to facilitate
the achievement of the permanency goal or (ii) if
not provided, why the services were not provided.
(B) Whether the minor's 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 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 in the best interest of the minor.
Any order entered pursuant to this subsection (e) shall
be immediately appealable as a matter of right under Supreme
Court Rule 304(b)(1).
(f) 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 or
her 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 of this
Act, unless it is in the best interest of the minor, and if
the neglect or abuse is found by the court under paragraph
(2) of Section 2-21 of this Act to be the result of physical
abuse inflicted on the minor by the parent, guardian, or
legal custodian, until such time as an investigation is made
as provided in paragraph (g) and a hearing is held on the
issue of the fitness of the parent, guardian, or legal
custodian to care for the minor and the court enters an order
that the 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 or her 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 or her
consent until given notice and an opportunity to be heard by
the court.
(g) Whenever a parent, guardian, or legal custodian
petitions for restoration of custody of the minor, and the
minor was adjudicated neglected or abused as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the petitioner has ever been
charged with or convicted of any criminal offense that would
indicate the likelihood of any further physical abuse to the
minor. Evidence of these criminal convictions shall be taken
into account in determining fitness of the parent, guardian,
or legal custodian.
(1) Any agency of this State or any subdivision of
the State shall cooperate with the agent of the court in
providing any information sought in the investigation.
(2) 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 petitioner shall have an
opportunity at the hearing to refute the information or
contest its significance.
(3) All information obtained from any investigation
shall be confidential as provided in Section 1-10 of this
Act.
(705 ILCS 405/2-28.1)
Sec. 2-28.1. Permanency hearings; before hearing
officers.
(a) The chief judge of the circuit court may appoint
hearing officers to conduct the permanency hearings set forth
in subsection (2) of Section 2-28 or subsection (c) of
Section 2-28.01 of this Act, in accordance with the
provisions of this Section. The hearing officers shall be
attorneys with at least 3 years experience in child abuse and
neglect or permanency planning, and in counties with a
population of 3,000,000 or more, admitted to practice for at
least 7 years., Once trained by the court, hearing officers
shall be authorized to do the following:
(1) Conduct a fair and impartial hearing in which
the strict rules of evidence need not apply.
(2) Summon and compel the attendance of witnesses.
(3) Administer the oath or affirmation and take
testimony under oath or affirmation.
(4) Require the production of evidence relevant to
the permanency hearing to be conducted. That evidence
may include, but need not be limited to case plans,
social histories, medical and psychological evaluations,
child placement histories, visitation records, and other
documents and writings applicable to those items.
(5) Rule on the admissibility of evidence using the
standard applied at a dispositional hearing under Section
2-22 of this Act or other information.
(6) When necessary, cause notices to be issued
requiring parties, the public agency that is custodian or
guardian of the minor, or another agency responsible for
the minor's care to appear either before the hearing
officer or in court.
(7) Analyze the evidence presented to the hearing
officer and prepare written recommended orders, including
findings of fact, based on the evidence.
(8) Prior to the hearing, conduct any pre-hearings
that may be necessary.
(9) Conduct in camera interviews with children when
requested by a child or the child's guardian ad litem.
In counties with a population of 3,000,000 or more,
hearing officers shall also be authorized to do the
following:
(1) Accept specific consents for adoption or
surrenders of parental rights from a parent or parents.
(2) Conduct hearings on the progress made toward
the permanency goal set for the minor.
(3) Perform other duties as assigned by the court.
(b) The hearing officer shall consider evidence and
conduct the permanency hearings as set forth in subsections
(2) and (3) of Section 2-28 or subsection (c) of Section
2-28.01 of this Act in accordance with the standards set
forth therein. The hearing officer shall assure that a
verbatim record of the proceedings is made and retained for a
period of 12 months or until the next permanency hearing,
whichever date is later, and shall direct to the clerk of the
court preserve all documents and evidence for the record to
be made part of the court file. The hearing officer shall
inform the participants of their individual rights and
responsibilities. The hearing officer shall identify the
issues to be reviewed under subsection (2) of Section 2-28 or
subsection (c) of Section 2-28.01, consider all relevant
facts, and receive or request any additional information
necessary to make recommendations to the court. If a party
fails to appear at the hearing, the hearing officer may
proceed to the permanency hearing with the parties present at
the hearing. The hearing officer shall specifically note for
the court the absence of any parties. If all parties are
present at the permanency hearing, and the parties and the
Department are in agreement that the service plan and
permanency goal are appropriate or are in agreement that the
permanency goal for the child has been achieved, the hearing
officer shall prepare a recommended order, including findings
of fact, to be submitted to the court, and all parties and
the Department shall sign the recommended order at the time
of the hearing. The recommended order will then be submitted
to the court for its immediate consideration and the entry of
an appropriate order.
The court may enter an order consistent with the
recommended order without further hearing or notice to the
parties, may refer the matter to the hearing officer for
further proceedings, or may hold such additional hearings as
the court deems necessary. All parties present at the
hearing and the Department shall be tendered a copy of the
court's order at the conclusion of the hearing.
(c) If one or more parties are not present at the
permanency hearing, or any party or the Department of
Children and Family Services objects to the hearing officer's
recommended order, including any findings of fact, the
hearing officer shall set the matter for a judicial
determination within 30 days of the permanency hearing for
the entry of the recommended order or for receipt of the
parties' objections. Any objections shall identify the
specific findings or recommendations that are contested, the
basis for the objections, and the evidence or applicable law
supporting the objection. The hearing officer shall mail a
copy of the recommended order to any non-attending parties,
together with a notice of the date and place of the judicial
determination and the right of the parties to present at that
time objections consistent with this subsection. The
recommended order and its contents may not be disclosed to
anyone other than the parties and the Department or other
agency unless otherwise specifically ordered by a judge of
the court.
Following the receipt of objections consistent with this
subsection from any party or the Department of Children and
Family Services to the hearing officer's recommended orders,
the court shall make a judicial determination of those
portions of the order to which objections were made, and
shall enter an appropriate order. The court may refuse to
review any objections that fail to meet the requirements of
this subsection.
(d) The following are judicial functions and shall be
performed only by a circuit judge or associate judge:
(1) Review of the recommended orders of the hearing
officer and entry of orders the court deems appropriate.
(2) Conduct of judicial hearings on all pre-hearing
motions and other matters that require a court order and
entry of orders as the court deems appropriate.
(3) Conduct of judicial determinations on all
matters in which the parties or the Department of
Children and Family Services disagree with the hearing
officer's recommended orders under subsection (3).
(4) Issuance of rules to show cause, conduct of
contempt proceedings, and imposition of appropriate
sanctions or relief.
(Source: P.A. 89-17, eff. 5-31-95.)
Section 99. Effective date. This Act takes effect
September 1, 1997.