Public Act 90-0608 of the 90th General Assembly
Public Act 90-0608
SB1339 Enrolled LRB9011267SMpk
AN ACT regarding children, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is
amended by changing Sections 5, 7, and 8 and by adding
Section 5c as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also
includes persons under age 19 who:
(A) were committed to the Department pursuant
to the Juvenile Court Act or the Juvenile Court Act
of 1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and
training by the Department prior to the age of 18
and whose best interest in the discretion of the
Department would be served by continuing that care,
service and training because of severe emotional
disturbances, physical disability, social adjustment
or any combination thereof, or because of the need
to complete an educational or vocational training
program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health,
safety and welfare of children, including homeless,
dependent or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable
and possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who
have been removed, by the provision of services to
the child and the families when the child can be
cared for at home without endangering the child's
health and safety;
(E) placing children in suitable adoptive
homes, in cases where restoration to the biological
family is not safe, possible or appropriate;
(F) assuring safe and adequate care of
children away from their homes, in cases where the
child cannot be returned home or cannot be placed
for adoption. At the time of placement, the
Department shall consider concurrent planning, as
described in subsection (l-1) of this Section so
that permanency may occur at the earliest
opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement
made is the best available placement to provide
permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in
facilities that provide separate living quarters for
children under the age of 18 and for children 18
years of age and older, unless a child 18 years of
age is in the last year of high school education or
vocational training, in an approved individual or
group treatment program, or in a licensed shelter
facility, or secure child care facility. The
Department is not required to place or maintain
children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting,
or
(iv) who are siblings,
in facilities that provide separate living quarters
for children 18 years of age and older and for
children under 18 years of age.
(b) Nothing in this Section shall be construed to
authorize the expenditure of public funds for the purpose of
performing abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement,
the contractor must post a surety bond in the amount of the
advance disbursement and have a purchase of service contract
approved by the Department. The Department may pay up to 2
months operational expenses in advance. The amount of the
advance disbursement shall be prorated over the life of the
contract or the remaining months of the fiscal year,
whichever is less, and the installment amount shall then be
deducted from future bills. Advance disbursement
authorizations for new initiatives shall not be made to any
agency after that agency has operated during 2 consecutive
fiscal years. The requirements of this Section concerning
advance disbursements shall not apply with respect to the
following: payments to local public agencies for child day
care services as authorized by Section 5a of this Act; and
youth service programs receiving grant funds under Section
17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation,
family reunification, and adoption, including but not limited
to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile
Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
Juvenile Court Act of 1987 in accordance with the federal
Adoption Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the
staff of Department grantees, through contracts with other
agencies or resources, in alcohol and drug abuse screening
techniques to identify children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a ward and that no licensed private facility has an adequate
and appropriate program or none agrees to accept the ward,
the Department shall create an appropriate individualized,
program-oriented plan for such ward. The plan may be
developed within the Department or through purchase of
services by the Department to the extent that it is within
its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of
the services it makes available to children or families or
for which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt physically or mentally
handicapped, older and other hard-to-place children who (i)
immediately prior to their adoption were legal wards of the
Department or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents
have been terminated or because the child's adoptive parents
have died. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25 or 5-29 of the Juvenile Court Act of 1987 for children
who were wards of the Department for 12 months immediately
prior to the appointment of the successor guardian and for
whom the Department has set a goal of permanent family
placement with a foster family.
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, as set forth in
the annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such
costs may not exceed the amounts which similar services would
cost the Department if it were to provide or secure them as
guardian of the child.
Any financial assistance provided under this subsection
is inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection
of a judgment or debt.
(j-5) The Department shall not deny or delay the
placement of a child for adoption if an approved family is
available either outside of the Department region handling
the case, or outside of the State of Illinois.
(k) The Department shall accept for care and training
any child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
(l) Before July 1, 2000, the Department may provide, and
beginning July 1, 2000, the Department shall offer family
preservation services, as defined in Section 8.2 of the
Abused and Neglected Child Reporting Act, to help families,
including adoptive and extended families. Family preservation
services shall be offered (i) to prevent the placement of
children in substitute care when the children can be cared
for at home or in the custody of the person responsible for
the children's welfare, (ii) to reunite children with their
families, or (iii) to maintain an adoptive placement. Family
preservation services shall only be offered when doing so
will not endanger the children's health or safety. With
respect to children who are in substitute care pursuant to
the Juvenile Court Act of 1987, family preservation services
shall not be offered if a goal other than those of
subdivisions (A), (B), or (B-1) of subsection (2) of Section
2-28 of that Act has been set provide, family preservation
services, as determined to be appropriate and in the child's
best interests and when the child will be safe and not be in
imminent risk of harm, to any family whose child has been
placed in substitute care, any persons who have adopted a
child and require post-adoption services, or any persons
whose child or children are at risk of being placed outside
their home as documented by an "indicated" report of
suspected child abuse or neglect determined pursuant to the
Abused and Neglected Child Reporting Act. Nothing in this
paragraph shall be construed to create a private right of
action or claim on the part of any individual or child
welfare agency.
The Department shall notify the child and his family of
the Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon
as the report is determined to be "indicated". The
Department may offer services to any child or family with
respect to whom a report of suspected child abuse or neglect
has been filed, prior to concluding its investigation under
Section 7.12 of the Abused and Neglected Child Reporting Act.
However, the child's or family's willingness to accept
services shall not be considered in the investigation. The
Department may also provide services to any child or family
who is the subject of any report of suspected child abuse or
neglect or may refer such child or family to services
available from other agencies in the community, even if the
report is determined to be unfounded, if the conditions in
the child's or family's home are reasonably likely to subject
the child or family to future reports of suspected child
abuse or neglect. Acceptance of such services shall be
voluntary.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated
addicted, as a truant minor in need of supervision or as a
minor requiring authoritative intervention, under the
Juvenile Court Act or the Juvenile Court Act of 1987, but no
such child shall be committed to the Department by any court
without the approval of the Department. 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 by any court, except a minor
less than 13 years of age committed to the Department under
Section 5-23 of the Juvenile Court Act of 1987.
(l-1) The legislature recognizes that the best interests
of the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home
of the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with
respect to a child, as described in this subsection, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern.
When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made
to prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs unless otherwise required, pursuant to the Juvenile
Court Act of 1987 or must request a finding from the court
that reasonable efforts are not appropriate or have been
unsuccessful. At any time after the dispositional hearing
where the Department believes that further reunification
services would be ineffective, it may request a finding from
the court that reasonable efforts are no longer appropriate.
The Department is not required to provide further
reunification services after such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration
should also be given so that if reunification fails or is
delayed, the placement made is the best available placement
to provide permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed
by the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with
the family to reunite;
(6) the willingness and ability of the foster
family to provide an adoptive home or long-term
placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or
by the parent having custody of the child if the parents
are not living together or by the guardian or custodian
of the child if the child is not in the custody of either
parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
If the child is found in his or her residence without a
parent, guardian, custodian or responsible caretaker, the
Department may, instead of removing the child and assuming
temporary custody, place an authorized representative of the
Department in that residence until such time as a parent,
guardian or custodian enters the home and expresses a
willingness and apparent ability to ensure the child's health
and safety and resume permanent charge of the child, or until
a relative enters the home and is willing and able to ensure
the child's health and safety and assume charge of the child
until a parent, guardian or custodian enters the home and
expresses such willingness and ability to ensure the child's
safety and resume permanent charge. After a caretaker has
remained in the home for a period not to exceed 12 hours, the
Department must follow those procedures outlined in Section
2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile
Court Act of 1987. Whenever a child is taken into temporary
custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited custody, the Department, during the period of
temporary custody and before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
of the Juvenile Court Act of 1987, shall have the authority,
responsibilities and duties that a legal custodian of the
child would have under subsection (9) of Section 1-3 of the
Juvenile Court Act of 1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian or custodian of a child in the
temporary custody of the Department who would have custody of
the child if he were not in the temporary custody of the
Department may deliver to the Department a signed request
that the Department surrender the temporary custody of the
child. The Department may retain temporary custody of the
child for 10 days after the receipt of the request, during
which period the Department may cause to be filed a petition
pursuant to the Juvenile Court Act of 1987. If a petition is
so filed, the Department shall retain temporary custody of
the child until the court orders otherwise. If a petition is
not filed within the 10 day period, the child shall be
surrendered to the custody of the requesting parent, guardian
or custodian not later than the expiration of the 10 day
period, at which time the authority and duties of the
Department with respect to the temporary custody of the child
shall terminate.
(m-1) The Department may place children under 18 years
of age in a secure child care facility licensed by the
Department that cares for children who are in need of secure
living arrangements for their health, safety, and well-being
after a determination is made by the facility director and
the Director or the Director's designate prior to admission
to the facility subject to Section 2-27.1 of the Juvenile
Court Act of 1987. This subsection (m-1) does not apply to a
child who is subject to placement in a correctional facility
operated pursuant to Section 3-15-2 of the Unified Code of
Corrections.
(n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful and cannot ensure the
child's health and safety or are unavailable and such
placement would be for their best interest. Payment for
board, clothing, care, training and supervision of any child
placed in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care
facility for board, clothing, care, training and supervision
of such a child that exceed the average per capita cost of
maintaining and of caring for a child in institutions for
dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized care and treatment for
problems of severe emotional disturbance, physical
disability, social adjustment, or any combination thereof and
suitable facilities for the placement of such children are
not available at payment rates within the limitations set
forth in this Section. All reimbursements for services
delivered shall be absolutely inalienable by assignment,
sale, attachment, garnishment or otherwise.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the
Department. Children who are wards of the Department and are
placed by private child welfare agencies, and foster families
with whom those children are placed, shall be afforded the
same procedural and appeal rights as children and families in
the case of placement by the Department, including the right
to an initial review of a private agency decision by that
agency. The Department shall insure that any private child
welfare agency, which accepts wards of the Department for
placement, affords those rights to children and foster
families. The Department shall accept for administrative
review and an appeal hearing a complaint made by (i) a child
or foster family concerning a decision following an initial
review by a private child welfare agency or (ii) a
prospective adoptive parent who alleges a violation of
subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner.
(p) There is hereby created the Department of Children
and Family Services Emergency Assistance Fund from which the
Department may provide special financial assistance to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been separated
due to child abuse and neglect. The Department shall
establish administrative rules specifying the criteria for
determining eligibility for and the amount and nature of
assistance to be provided. The Department may also enter
into written agreements with private and public social
service agencies to provide emergency financial services to
families referred by the Department. Special financial
assistance payments shall be available to a family no more
than once during each fiscal year and the total payments to a
family may not exceed $500 during a fiscal year.
(q) The Department may receive and use, in their
entirety, for the benefit of children any gift, donation or
bequest of money or other property which is received on
behalf of such children, or any financial benefits to which
such children are or may become entitled while under the
jurisdiction or care of the Department.
The Department shall set up and administer no-cost,
interest-bearing savings accounts in appropriate financial
institutions ("individual accounts") for children for whom
the Department is legally responsible and who have been
determined eligible for Veterans' Benefits, Social Security
benefits, assistance allotments from the armed forces, court
ordered payments, parental voluntary payments, Supplemental
Security Income, Railroad Retirement payments, Black Lung
benefits, or other miscellaneous payments. Interest earned
by each individual account shall be credited to the account,
unless disbursed in accordance with this subsection.
In disbursing funds from children's individual accounts,
the Department shall:
(1) Establish standards in accordance with State
and federal laws for disbursing money from children's
individual accounts. In all circumstances, the
Department's "Guardianship Administrator" or his or her
designee must approve disbursements from children's
individual accounts. The Department shall be responsible
for keeping complete records of all disbursements for
each individual account for any purpose.
(2) Calculate on a monthly basis the amounts paid
from State funds for the child's board and care, medical
care not covered under Medicaid, and social services; and
utilize funds from the child's individual account, as
covered by regulation, to reimburse those costs.
Monthly, disbursements from all children's individual
accounts, up to 1/12 of $13,000,000, shall be deposited
by the Department into the General Revenue Fund and the
balance over 1/12 of $13,000,000 into the DCFS Children's
Services Fund.
(3) Maintain any balance remaining after
reimbursing for the child's costs of care, as specified
in item (2). The balance shall accumulate in accordance
with relevant State and federal laws and shall be
disbursed to the child or his or her guardian, or to the
issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to
the Department or its agent names and addresses of all
persons who have applied for and have been approved for
adoption of a hard-to-place or handicapped child and the
names of such children who have not been placed for adoption.
A list of such names and addresses shall be maintained by the
Department or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and
of the child shall be made available, without charge, to
every adoption agency in the State to assist the agencies in
placing such children for adoption. The Department may
delegate to an agent its duty to maintain and make available
such lists. The Department shall ensure that such agent
maintains the confidentiality of the person seeking to adopt
the child and of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious
or negligent acts of foster children, as well as providing
third party coverage for such foster parents with regard to
actions of foster children to other individuals. Such
coverage will be secondary to the foster parent liability
insurance policy, if applicable. The program shall be funded
through appropriations from the General Revenue Fund,
specifically designated for such purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court
specifically directs the Department to perform such
services; and
(2) the court has ordered one or both of the
parties to the proceeding to reimburse the Department for
its reasonable costs for providing such services in
accordance with Department rules, or has determined that
neither party is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court
order. The Department shall send to the court information
related to the costs incurred except in cases where the court
has determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
(u) Whenever the Department places a child in a licensed
foster home, group home, child care institution, or in a
relative home, the Department shall provide to the caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical
card information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the
child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary
to care for and safeguard the child.
(u-5) Effective July 1, 1995, only foster care
placements licensed as foster family homes pursuant to the
Child Care Act of 1969 shall be eligible to receive foster
care payments from the Department. Relative caregivers who,
as of July 1, 1995, were approved pursuant to approved
relative placement rules previously promulgated by the
Department at 89 Ill. Adm. Code 335 and had submitted an
application for licensure as a foster family home may
continue to receive foster care payments only until the
Department determines that they may be licensed as a foster
family home or that their application for licensure is denied
or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the
adjudicatory and dispositional record system as defined in
subdivision (A)19 of Section 55a of the Civil Administrative
Code of Illinois if the Department determines the information
is necessary to perform its duties under the Abused and
Neglected Child Reporting Act, the Child Care Act of 1969,
and the Children and Family Services Act. The Department
shall provide for interactive computerized communication and
processing equipment that permits direct on-line
communication with the Department of State Police's central
criminal history data repository. The Department shall
comply with all certification requirements and provide
certified operators who have been trained by personnel from
the Department of State Police. In addition, one Office of
the Inspector General investigator shall have training in the
use of the criminal history information access system and
have access to the terminal. The Department of Children and
Family Services and its employees shall abide by rules and
regulations established by the Department of State Police
relating to the access and dissemination of this information.
(w) Within 120 days of August 20, 1995 (the effective
date of Public Act 89-392), the Department shall prepare and
submit to the Governor and the General Assembly, a written
plan for the development of in-state licensed secure child
care facilities that care for children who are in need of
secure living arrangements for their health, safety, and
well-being. For purposes of this subsection, secure care
facility shall mean 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. The plan shall include descriptions of the types
of facilities that are needed in Illinois; the cost of
developing these secure care facilities; the estimated number
of placements; the potential cost savings resulting from the
movement of children currently out-of-state who are projected
to be returned to Illinois; the necessary geographic
distribution of these facilities in Illinois; and a proposed
timetable for development of such facilities.
(Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
revised 10-20-97.)
(20 ILCS 505/5c new)
Sec. 5c. Direct child welfare service employee license.
By January 1, 2000, the Department, in consultation with
private child welfare agencies, shall develop and implement a
direct child welfare service employee license. By January 1,
2001 all child protective investigators and supervisors and
child welfare specialists and supervisors employed by the
Department or its contractors shall be required to
demonstrate sufficient knowledge and skills to obtain and
maintain the license. The Department shall have the
authority to revoke or suspend the license of anyone who
after a hearing is found to be guilty of misfeasance. The
Department shall promulgate such rules as necessary to
implement this Section.
On or before January 1, 2000, and every year thereafter,
the Department shall submit an annual report to the General
Assembly on the implementation of this Section.
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place such child, as far as possible, in the care and
custody of some individual holding the same religious belief
as the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(b) In placing a child under this Act, the Department
may place a child with a relative if the Department has
reason to believe that the relative will be able to
adequately provide for the child's safety and welfare. The
Department may not place a child with a relative, with the
exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agency Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult
member of the relative's household for any of the following
offenses under the Criminal Code of 1961:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, and 11-13;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm;
(15) aggravated stalking;
(16) home invasion;
(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal neglect of an elderly or disabled
person;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent,
who (i) is currently related to the child in any of the
following ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
great-uncle, or great-aunt; or (ii) is the spouse of such a
relative; or (iii) is the child's step-father, step-mother,
or adult step-brother or step-sister; "relative" also
includes a person related in any of the foregoing ways to a
sibling of a child, even though the person is not related to
the child, when the child and its sibling are placed together
with that person. A relative with whom a child is placed
pursuant to this subsection may, but is not required to,
apply for licensure as a foster family home pursuant to the
Child Care Act of 1969; provided, however, that as of July 1,
1995, foster care payments shall be made only to licensed
foster family homes pursuant to the terms of Section 5 of
this Act.
(c) In placing a child under this Act, the Department
shall ensure that the child's health, safety, and best
interests are met by giving due, not sole, consideration to
the child's race or ethnic heritage in making a family foster
care placement. The Department shall consider the individual
needs cultural, ethnic, or racial background of the child and
the capacity of the prospective foster or adoptive parents to
meet the needs of a child of this background as one of a
number of factors used to determine the best interests of the
child. The Department shall make special efforts for the
diligent recruitment of potential foster and adoptive
families that reflect the ethnic and racial diversity of the
children for whom foster and adoptive homes are needed.
"Special efforts" shall include contacting and working with
community organizations and religious organizations and may
include contracting with those organizations, utilizing local
media and other local resources, and conducting outreach
activities.
(c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection
(l-1) of Section 5, so that permanency may occur at the
earliest opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement made is
the best available placement to provide permanency for the
child.
(d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
(e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96; 90-27,
eff. 1-1-98; 90-28, eff. 1-1-98.)
(20 ILCS 505/8) (from Ch. 23, par. 5008)
Sec. 8. Scholarships and fee waivers. Each year the
Department may select from among the children under care, or
children formerly under care who have been adopted or are in
the subsidized guardianship program, a maximum of 48 24
students, (at least 4 of whom shall be children of veterans),
who have completed 4 years in an accredited high school; the
children selected who shall be eligible for scholarships and
fee waivers which will entitle them to 4 consecutive years of
community college, university, or college education.
Selection shall be made on the basis of scholastic record,
aptitude, and general interest in higher education. In
accordance with this Act, tuition scholarships and fee
waivers shall be available to such students at any university
or college maintained by the State of Illinois. The
Department shall provide maintenance and school expenses,
except tuition and fees, during the academic years to
supplement the students' earnings or other resources so long
as they consistently maintain scholastic records which are
acceptable to their schools and to the Department. Students
may attend other colleges and universities, if scholarships
are awarded them, and receive the same benefits for
maintenance and other expenses as those students attending
any Illinois State community college, university, or college
under this Section.
(Source: P.A. 84-168.)
Section 10. The Child Death Review Team Act is amended
by changing Section 20 as follows:
(20 ILCS 515/20)
Sec. 20. Reviews of child deaths.
(a) Every child death shall be reviewed by the team in
the subregion which has primary case management
responsibility. The deceased child must be one of the
following:
(1) A ward of the Department.
(2) The subject of an open service case maintained
by the Department.
(3) The subject of a pending child abuse or neglect
investigation.
(4) A child who was the subject of an abuse or
neglect investigation at any time during the 12 months
preceding the child's death.
(5) Any other child whose death is reported to the
State central register as a result of alleged child abuse
or neglect which report is subsequently indicated.
A child death review team may, at its discretion, review
other sudden, unexpected, or unexplained child deaths.
(b) A child death review team's purpose in conducting
reviews of child deaths is to do the following:
(1) Assist in determining the cause and manner of
the child's death, when requested.
(2) Evaluate means by which the death might have
been prevented.
(3) Report its findings to appropriate agencies and
make recommendations that may help to reduce the number
of child deaths caused by abuse or neglect.
(4) Promote continuing education for professionals
involved in investigating, treating, and preventing child
abuse and neglect as a means of preventing child deaths
due to abuse or neglect.
(5) Make specific recommendations to the Director
and the Inspector General of the Department concerning
the prevention of child deaths due to abuse or neglect
and the establishment of protocols for investigating
child deaths.
(c) A child death review team shall review a child death
as soon as practical and not later than 90 days following the
completion by the Department of the investigation of the
death under the Abused and Neglected Child Reporting Act.
When there has been no investigation by the Department, the
child death review team shall review a child's death within
90 days after obtaining the information necessary to complete
the review from the coroner, pathologist, medical examiner,
or law enforcement agency, depending on the nature of the
case. A child death review team shall meet at least once in
each calendar quarter.
(d) The Director shall, within 90 days, review and reply
to recommendations made by a team under item (5) of
subsection (b). The Director shall implement recommendations
as feasible and appropriate and shall respond in writing to
explain the implementation or nonimplementation of the
recommendations.
(Source: P.A. 90-239, eff. 7-28-97.)
Section 15. The Hospital Licensing Act is amended by
changing Section 9 as follows:
(210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
Sec. 9. The Department shall make or cause to be made
such inspections and investigations as it deems necessary.
Information received by the Department through filed reports,
inspection, or as otherwise authorized under this Act shall
not be disclosed publicly in such manner as to identify
individuals or hospitals, except (i) in a proceeding
involving the denial, suspension, or revocation of a permit
to establish a hospital or a proceeding involving the denial,
suspension, or revocation of a license to open, conduct,
operate, and maintain a hospital, (ii) to the Department of
Children and Family Services in the course of a child abuse
or neglect investigation conducted by that Department or by
the Department of Public Health, or (iii) in other
circumstances as may be approved by the Hospital Licensing
Board.
(Source: Laws 1965, p. 2350.)
Section 17. The Child Care Act of 1969 is amended by
changing Section 4 and adding Sections 2.22 and 3.1 as
follows:
(225 ILCS 10/2.22 new)
Sec. 2.22. "Secure child care facility" means any child
care facility licensed by the Department 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 and which comply with the requirements of
this Act and applicable rules of the Department and which
shall be consistent with requirements established for child
residents of mental health facilities under the Juvenile
Court Act of 1987 and the Mental Health and Developmental
Disabilities Code. "Secure child care facility" also means a
facility that is designed and operated to ensure that all
entrances and exists 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.
(225 ILCS 10/3.1 new)
Sec. 3.1. Licenses for secure child care facility. The
Department shall establish standards for licensing secure
child care facilities which comply with the requirements of
this Act, Section 2-27.1 of the Juvenile Court Act of 1987,
applicable requirements of the Mental Health and
Developmental Disabilities Code, and applicable rules of the
Department. On or before January 1, 1999, the Department
shall develop rules that set standards and the degree of need
for licensed secure facilities. Within 90 days after the
effective date of this amendatory Act of 1998, the Director
shall appoint an advisory committee to assist the Department
in the development of these rules.
(225 ILCS 10/4) (from Ch. 23, par. 2214)
Sec. 4. License requirement; application; notice.
(a) Any person, group of persons or corporation who or
which receives children or arranges for care or placement of
one or more children unrelated to the operator must apply for
a license to operate one of the types of facilities defined
in Sections 2.05 through 2.19 and in Section 2.22 of this
Act. Any relative who receives a child or children for
placement by the Department on a full-time basis may apply
for a license to operate a foster family home as defined in
Section 2.17 of this Act.
(b) Application for a license to operate a child care
facility must be made to the Department in the manner and on
forms prescribed by it. An application to operate a foster
family home shall include, at a minimum: a completed written
form; written authorization by the applicant and all adult
members of the applicant's household to conduct a criminal
background investigation; medical evidence in the form of a
medical report, on forms prescribed by the Department, that
the applicant and all members of the household are free from
communicable diseases or physical and mental conditions that
affect their ability to provide care for the child or
children; the names and addresses of at least 3 persons not
related to the applicant who can attest to the applicant's
moral character; and fingerprints submitted by the applicant
and all adult members of the applicant's household.
(c) The Department shall notify the public when a child
care institution, maternity center, or group home licensed by
the Department undergoes a change in (i) the range of care or
services offered at the facility, (ii) the age or type of
children served, or (iii) the area within the facility used
by children. The Department shall notify the public of the
change in a newspaper of general circulation in the county or
municipality in which the applicant's facility is or is
proposed to be located.
(d) If, upon examination of the facility and
investigation of persons responsible for care of children,
the Department is satisfied that the facility and responsible
persons reasonably meet standards prescribed for the type of
facility for which application is made, it shall issue a
license in proper form, designating on that license the type
of child care facility and, except for a child welfare
agency, the number of children to be served at any one time.
(Source: P.A. 89-21, eff. 7-1-95; 90-90, eff. 7-11-97.)
Section 20. The Abused and Neglected Child Reporting Act
is amended by changing Sections 7.16 and 8.2 as follows:
(325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
Sec. 7.16. For any investigation or appeal initiated on
or after, or pending on July 1, 1998, the following time
frames shall apply. Within 60 days after the notification of
the completion of the Child Protective Service Unit
investigation, determined by the date of the notification
sent by the Department, a subject of a report may request the
Department to amend the record or remove the record of the
report from the register. Such request shall be in writing
and directed to such person as the Department designates in
the notification. If the Department disregards shall
disregard any request not made in such manner. If the
Department refuses to do so or does not act within 10 30
days, the subject shall have the right to a hearing within
the Department to determine whether the record of the report
should be amended or removed on the grounds that it is
inaccurate or it is being maintained in a manner
inconsistent with this Act, except that there shall be no
such right to a hearing on the ground of the report's
inaccuracy if there has been a court finding of child abuse
or neglect, the report's accuracy being conclusively presumed
on such finding. Such hearing shall be held within a
reasonable time after the subject's request and at a
reasonable place and hour. The appropriate Child Protective
Service Unit shall be given notice of the hearing. In such
hearings, the burden of proving the accuracy and consistency
of the record shall be on the Department and the appropriate
Child Protective Service Unit. The hearing shall be conducted
by the Director or his designee, who is hereby authorized
and empowered to order the amendment or removal of the record
to make it accurate and consistent with this Act. The
decision shall be made, in writing, at the close of the
hearing, or within 45 30 days thereof, and shall state the
reasons upon which it is based. Decisions of the Department
under this Section are administrative decisions subject to
judicial review under the Administrative Review Law.
Should the Department grant the request of the subject of
the report pursuant to this Section either on administrative
review or after administrative hearing to amend an indicated
report to an unfounded report, the report shall be released
and expunged in accordance with the standards set forth in
Section 7.14 of this Act.
(Source: P.A. 90-15, eff. 6-13-97.)
(325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
Sec. 8.2. If the Child Protective Service Unit
determines, following an investigation made pursuant to
Section 7.4 of this Act, that there is credible evidence that
the child is abused or neglected, the Department shall assess
the family's need for services, and, as necessary, develop,
with the family, an appropriate service plan for the family's
voluntary acceptance or refusal. In any case where there is
evidence that the perpetrator of the abuse or neglect is an
addict or alcoholic as defined in the Alcoholism and Other
Drug Abuse and Dependency Act, the Department, when making
referrals for drug or alcohol abuse services, shall make such
referrals to facilities licensed by the Department of Human
Services or the Department of Public Health. The Department
shall comply with Section 8.1 by explaining its lack of legal
authority to compel the acceptance of services and may
explain its concomitant authority to petition the Circuit
court under the Juvenile Court Act of 1987 or refer the case
to the local law enforcement authority or State's attorney
for criminal prosecution.
For purposes of this Act, the term "family preservation
services" refers to all services to help families, including
adoptive and extended families. Family preservation services
shall be offered, where safe and appropriate, to prevent the
placement of children in substitute care when the children
can be cared for at home or in the custody of the person
responsible for the children's welfare without endangering
the children's health or safety, to reunite them with their
families if so placed when reunification is an appropriate
goal, or to maintain an adoptive placement. The term
"homemaker" includes emergency caretakers, homemakers,
caretakers, housekeepers and chore services. The term
"counseling" includes individual therapy, infant stimulation
therapy, family therapy, group therapy, self-help groups,
drug and alcohol abuse counseling, vocational counseling and
post-adoptive services. The term "day care" includes
protective day care and day care to meet educational,
prevocational or vocational needs. The term "emergency
assistance and advocacy" includes coordinated services to
secure emergency cash, food, housing and medical assistance
or advocacy for other subsistence and family protective
needs.
Before July 1, 2000, appropriate family preservation
services shall, subject to appropriation, be included in the
service plan if the Department has determined that those
services will ensure the child's health and safety, are in
the child's best interests, and will not place the child in
imminent risk of harm. Beginning July 1, 2000, appropriate
family preservation services shall be uniformly available
throughout the State. The Department shall promptly notify
children and families of the Department's responsibility to
offer and provide family preservation services as identified
in the service plan. Such plans may include but are not
limited to: case management services; homemakers; counseling;
parent education; day care; emergency assistance and advocacy
assessments; respite care; in-home health care;
transportation to obtain any of the above services; and
medical assistance. Nothing in this paragraph shall be
construed to create a private right of action or claim on the
part of any individual or child welfare agency.
The Department shall provide a preliminary report to the
General Assembly no later than January 1, 1991, in regard to
the provision of services authorized pursuant to this
Section. The report shall include:
(a) the number of families and children served, by
type of services;
(b) the outcome from the provision of such
services, including the number of families which remained
intact at least 6 months following the termination of
services;
(c) the number of families which have been subjects
of founded reports of abuse following the termination of
services;
(d) an analysis of general family circumstances in
which family preservation services have been determined
to be an effective intervention;
(e) information regarding the number of families in
need of services but unserved due to budget or program
criteria guidelines;
(f) an estimate of the time necessary for and the
annual cost of statewide implementation of such services;
(g) an estimate of the length of time before
expansion of these services will be made to include
families with children over the age of 6; and
(h) recommendations regarding any proposed
legislative changes to this program.
Each Department field office shall maintain on a local
basis directories of services available to children and
families in the local area where the Department office is
located.
The Department shall refer children and families served
pursuant to this Section to private agencies and governmental
agencies, where available.
Where there are 2 equal proposals from both a
not-for-profit and a for-profit agency to provide services,
the Department shall give preference to the proposal from the
not-for-profit agency.
No service plan shall compel any child or parent to
engage in any activity or refrain from any activity which 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.
(Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14,
eff. 7-1-97; 90-28, eff. 1-1-98.)
Section 25. The Vital Records Act is amended by changing
Section 8 as follows:
(410 ILCS 535/8) (from Ch. 111 1/2, par. 73-8)
Sec. 8. Each local registrar shall:
(1) Appoint one or more deputies to act for him in his
absence or to assist him. Such deputies shall be subject to
all rules and regulations governing local registrars.
(2) Appoint one or more subregistrars when necessary for
the convenience of the people. To become effective, such
appointments must be approved by the State Registrar of Vital
Records. A subregistrar shall exercise such authority as is
given him by the local registrar and is subject to the
supervision and control of the State Registrar of Vital
Records, and shall be liable to the same penalties as local
registrars, as provided in Section 27 of this Act.
(3) Administer and enforce the provisions of this Act
and the instructions, rules, and regulations issued
hereunder.
(4) Require that certificates be completed and filed in
accordance with the provisions of this Act and the rules and
regulations issued hereunder.
(5) Prepare and transmit monthly an accurate copy of
each record of live birth, death, and fetal death to the
county clerk of his county. He shall also, in the case of a
death of a person who was a resident of another county,
prepare an additional copy of the death record and transmit
it to the county clerk of the county in which such person was
a resident. In no case shall the county clerk's copy of a
live birth record include the section of the certificate
which contains information for health and statistical program
use only.
(6) (Blank).
(7) Prepare, file, and retain for a period of at least
10 years in his own office an accurate copy of each record of
live birth, death, and fetal death accepted for registration.
Only in those instances in which the local registrar is also
a full time city, village, incorporated town, public health
district, county, or multi-county health officer recognized
by the Department may the health and statistical data section
of the live birth record be made a part of this copy.
(8) Transmit monthly the certificates, reports, or other
returns filed with him to the State Registrar of Vital
Records, or more frequently when directed to do so by the
State Registrar of Vital Records.
(8.5) Transmit monthly to the State central register of
the Illinois Department of Children and Family Services a
copy of all death certificates of persons under 18 years of
age who have died within the month.
(9) Maintain such records, make such reports, and
perform such other duties as may be required by the State
Registrar of Vital Records.
(Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
Section 30. The Juvenile Court Act of 1987 is amended by
changing Sections 1-2, 1-3, 1-5, 2-13, 2-14, 2-15, 2-16,
2-17.1, 2-18, 2-21, 2-22, 2-23, 2-27, 2-28, 2-28.1, 2-29,
2-31, and 2-32 and adding Sections 2-13.1, 2-27.1, and 2-33
as follows:
(705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
Sec. 1-2. Purpose and policy.
(1) The purpose of this Act is to secure for each minor
subject hereto such care and guidance, preferably in his or
her own home, as will serve the safety and moral, emotional,
mental, and physical welfare of the minor and the best
interests of the community; to preserve and strengthen the
minor's family ties whenever possible, removing him or her
from the custody of his or her parents only when his or her
safety or welfare or the protection of the public cannot be
adequately safeguarded without removal; if the child is
removed from the custody of his or her parent, the Department
of Children and Family Services immediately shall consider
concurrent planning, as described in Section 5 of the
Children and Family Services Act so that permanency may occur
at the earliest opportunity; consideration should be given so
that if reunification fails or is delayed, the placement made
is the best available placement to provide permanency for the
child; and, when the minor is removed from his or her own
family, to secure for him or her custody, care and discipline
as nearly as possible equivalent to that which should be
given by his or her parents, and in cases where it should and
can properly be done to place the minor in a family home so
that he or she may become a member of the family by legal
adoption or otherwise. Provided that a ground for unfitness
under the Adoption Act can be met, it may be appropriate to
expedite termination of parental rights:
(a) when reasonable efforts are inappropriate, or
have been provided and were unsuccessful, and there are
aggravating circumstances including, but not limited to,
those cases in which (i) the a child or another child of
that child's parent a sibling of the child was (A)
abandoned, (B) tortured, or (C) chronically abused or
(ii) the parent is criminally convicted of (A) first
degree murder or second degree murder of any child, (B)
attempt or conspiracy to commit first degree murder or
second degree murder of any child, (C) solicitation to
commit murder, solicitation to commit murder for hire, or
solicitation to commit second degree murder of any child,
or aggravated assault in violation of subdivision (a)(13)
of Section 12-2 of the Criminal Code of 1961 or
accountability for the first or second degree murder of
any child, or (D) aggravated criminal sexual assault in
violation of Section 12-14(b)(1) of the Criminal Code of
1961; or
(b) when the parental rights of a parent with
respect to another child of the parent a sibling of the
child have been involuntarily terminated; or
(c) in those extreme cases in which the parent's
incapacity to care for the child, combined with an
extremely poor prognosis for treatment or rehabilitation,
justifies expedited termination of parental rights.
(2) In all proceedings under this Act the court may
direct the course thereof so as promptly to ascertain the
jurisdictional facts and fully to gather information bearing
upon the current condition and future welfare of persons
subject to this Act. This Act shall be administered in a
spirit of humane concern, not only for the rights of the
parties, but also for the fears and the limits of
understanding of all who appear before the court.
(3) In all procedures under this Act, the following
shall apply:
(a) The procedural rights assured to the minor
shall be the rights of adults unless specifically
precluded by laws which enhance the protection of such
minors.
(b) Every child has a right to services necessary
to his or her safety and proper development, including
health, education and social services.
(c) The parents' right to the custody of their
child shall not prevail when the court determines that it
is contrary to the health, safety, and best interests of
the child.
(4) This Act shall be liberally construed to carry out
the foregoing purpose and policy.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
eff. 8-16-97.)
(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.
(4.05) Best Interests. 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,
racial, 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
permanence for the child;
(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. "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 a
man (i) the father whose paternity 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.
(11.1) "Permanency goal" means a goal set by the court
as defined in subdivision (2)(c) of Section 2-28 or
subsection (c) of Section 2-28.01 or in counties with a
population of 3,000,000 or more, a goal ordered by a judge.
(11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the permanency goal, (ii) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) (iii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) (iv) whether the
plan and goal have been achieved.
(12) Petition. "Petition" means the petition provided
for in Section 2-13, 3-15, 4-12 or 5-13, including any
supplemental petitions thereunder in Section 3-15, 4-12 or
5-13.
(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.
(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 exists 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. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; revised
11-12-97.)
(705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
Sec. 1-5. Rights of parties to proceedings.
(1) Except as provided in this Section and paragraph (2)
of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
subject of the proceeding and his parents, guardian, legal
custodian or responsible relative who are parties respondent
have the right to be present, to be heard, to present
evidence material to the proceedings, to cross-examine
witnesses, to examine pertinent court files and records and
also, although proceedings under this Act are not intended to
be adversary in character, the right to be represented by
counsel. At the request of any party financially unable to
employ counsel, with the exception of a foster parent
permitted to intervene under this Section, the court shall
appoint the Public Defender or such other counsel as the case
may require. Counsel appointed for the minor and any indigent
party shall appear at all stages of the trial court
proceeding, and such appointment shall continue through the
permanency hearings and termination of parental rights
proceedings subject to withdrawal or substitution pursuant to
Supreme Court Rules or the Code of Civil Procedure. Following
the dispositional hearing, the court may require appointed
counsel, other than counsel for the minor or counsel for the
guardian ad litem, to withdraw his or her appearance upon
failure of the party for whom counsel was appointed under
this Section to attend any subsequent proceedings.
No hearing on any petition or motion filed under this Act
may be commenced unless the minor who is the subject of the
proceeding is represented by counsel. Each adult respondent
shall be furnished a written "Notice of Rights" at or before
the first hearing at which he or she appears.
(1.5) The Department shall maintain a system of response
to inquiry made by parents or putative parents as to whether
their child is under the custody or guardianship of the
Department; and if so, the Department shall direct the
parents or putative parents to the appropriate court of
jurisdiction, including where inquiry may be made of the
clerk of the court regarding the case number and the next
scheduled court date of the minor's case. Effective notice
and the means of accessing information shall be given to the
public on a continuing basis by the Department.
(2) (a) Though not appointed guardian or legal custodian
or otherwise made a party to the proceeding, any current or
previously appointed foster parent or relative caregiver, or
representative of an agency or association interested in the
minor has the right to be heard by the court, but does not
thereby become a party to the proceeding.
In addition to the foregoing right to be heard by the
court, any current foster parent or relative caregiver of a
minor and the agency designated by the court or the
Department of Children and Family Services as custodian of
the minor who is alleged to be or has been adjudicated an
abused or neglected minor under Section 2-3 or a dependent
minor under Section 2-4 of this Act has the right to and
shall be given adequate notice at all stages of any hearing
or proceeding under this Act wherein the custody or status of
the minor may be changed. Such notice shall contain a
statement regarding the nature and denomination of the
hearing or proceeding to be held, the change in custody or
status of the minor sought to be obtained at such hearing or
proceeding, and the date, time and place of such hearing or
proceeding. The Department of Children and Family Services
or the licensed child welfare agency that has placed the
minor with the foster parent shall notify the clerk of the
court of the name and address of the current foster parent.
The clerk shall mail the notice by certified mail marked for
delivery to addressee only. The regular return receipt for
certified mail is sufficient proof of service.
Any foster parent or relative caregiver who is denied his
or her right to be heard under this Section may bring a
mandamus action under Article XIV of the Code of Civil
Procedure against the court or any public agency to enforce
that right. The mandamus action may be brought immediately
upon the denial of those rights but in no event later than 30
days after the foster parent has been denied the right to be
heard.
(b) If after an adjudication that a minor is abused or
neglected as provided under Section 2-21 of this Act and a
motion has been made to restore the minor to any parent,
guardian, or legal custodian found by the court to have
caused the neglect or to have inflicted the abuse on the
minor, a foster parent may file a motion to intervene in the
proceeding for the sole purpose of requesting that the minor
be placed with the foster parent, provided that the foster
parent (i) is the current foster parent of the minor or (ii)
has previously been a foster parent for the minor for one
year or more, has a foster care license or is eligible for a
license, and is not the subject of any findings of abuse or
neglect of any child. The juvenile court may only enter
orders placing a minor with a specific foster parent under
this subsection (2)(b) and nothing in this Section shall be
construed to confer any jurisdiction or authority on the
juvenile court to issue any other orders requiring the
appointed guardian or custodian of a minor to place the minor
in a designated foster home or facility. This Section is not
intended to encompass any matters that are within the scope
or determinable under the administrative and appeal process
established by rules of the Department of Children and Family
Services under Section 5(o) of the Children and Family
Services Act. Nothing in this Section shall relieve the
court of its responsibility, under Section 2-14(a) of this
Act to act in a just and speedy manner to reunify families
where it is the best interests of the minor and the child can
be cared for at home without endangering the child's health
or safety and, if reunification is not in the best interests
of the minor, to find another permanent home for the minor.
Nothing in this Section, or in any order issued by the court
with respect to the placement of a minor with a foster
parent, shall impair the ability of the Department of
Children and Family Services, or anyone else authorized under
Section 5 of the Abused and Neglected Child Reporting Act, to
remove a minor from the home of a foster parent if the
Department of Children and Family Services or the person
removing the minor has reason to believe that the
circumstances or conditions of the minor are such that
continuing in the residence or care of the foster parent will
jeopardize the child's health and safety or present an
imminent risk of harm to that minor's life.
(c) If a foster parent has had the minor who is the
subject of the proceeding under Article II in his or her home
for more than one year on or after July 3, 1994 and if the
minor's placement is being terminated from that foster
parent's home, that foster parent shall have standing and
intervenor status except in those circumstances where the
Department of Children and Family Services or anyone else
authorized under Section 5 of the Abused and Neglected Child
Reporting Act has removed the minor from the foster parent
because of a reasonable belief that the circumstances or
conditions of the minor are such that continuing in the
residence or care of the foster parent will jeopardize the
child's health or safety or presents an imminent risk of harm
to the minor's life.
(d) The court may grant standing to any foster parent if
the court finds that it is in the best interest of the child
for the foster parent to have standing and intervenor status.
(3) Parties respondent are entitled to notice in
compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
and 4-15 or 5-15 and 5-16, as appropriate. At the first
appearance before the court by the minor, his parents,
guardian, custodian or responsible relative, the court shall
explain the nature of the proceedings and inform the parties
of their rights under the first 2 paragraphs of this Section.
If the child is alleged to be abused, neglected or
dependent, the court shall admonish the parents that if the
court declares the child to be a ward of the court and awards
custody or guardianship to the Department of Children and
Family Services, the parents must cooperate with the
Department of Children and Family Services, comply with the
terms of the service plans, and correct the conditions that
require the child to be in care, or risk termination of their
parental rights.
Upon an adjudication of wardship of the court under
Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
parties of their right to appeal therefrom as well as from
any other final judgment of the court.
When the court finds that a child is an abused,
neglected, or dependent minor under Section 2-21, the court
shall admonish the parents that the parents must cooperate
with the Department of Children and Family Services, comply
with the terms of the service plans, and correct the
conditions that require the child to be in care, or risk
termination of their parental rights.
When the court declares a child to be a ward of the court
and awards guardianship to the Department of Children and
Family Services under Section 2-22, the court shall admonish
the parents, guardian, custodian, or responsible relative
that the parents must cooperate with the Department of
Children and Family Services, comply with the terms of the
service plans, and correct the conditions that require the
child to be in care, or risk termination of their parental
rights.
(4) No sanction may be applied against the minor who is
the subject of the proceedings by reason of his refusal or
failure to testify in the course of any hearing held prior to
final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
(5) In the discretion of the court, the minor may be
excluded from any part or parts of a dispositional hearing
and, with the consent of the parent or parents, guardian,
counsel or a guardian ad litem, from any part or parts of an
adjudicatory hearing.
(6) The general public except for the news media and the
victim shall be excluded from any hearing and, except for the
persons specified in this Section only persons, including
representatives of agencies and associations, who in the
opinion of the court have a direct interest in the case or in
the work of the court shall be admitted to the hearing.
However, the court may, for the minor's safety and protection
and for good cause shown, prohibit any person or agency
present in court from further disclosing the minor's
identity.
(7) A party shall not be entitled to exercise the right
to a substitution of a judge without cause under subdivision
(a)(2) of Section 2-1001 of the Code of Civil Procedure in a
proceeding under this Act if the judge is currently assigned
to a proceeding involving the alleged abuse, neglect, or
dependency of the minor's sibling or half sibling and that
judge has made a substantive ruling in the proceeding
involving the minor's sibling or half sibling.
(Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
eff. 1-1-98.)
(705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
Sec. 2-13. Petition.
(1) Any adult person, any agency or association by its
representative may file, or the court on its own motion,
consistent with the health, safety and best interests of the
minor may direct the filing through the State's Attorney of a
petition in respect of a minor under this Act. The petition
and all subsequent court documents shall be entitled "In the
interest of ...., a minor".
(2) The petition shall be verified but the statements
may be made upon information and belief. It shall allege
that the minor is abused, neglected, or dependent, with
citations to the appropriate provisions of this Act, and set
forth (a) facts sufficient to bring the minor under Section
2-3 or 2-4 and to inform respondents of the cause of action,
including, but not limited to, a plain and concise statement
of the factual allegations that form the basis for the filing
of the petition; (b) the name, age and residence of the
minor; (c) the names and residences of his parents; (d) the
name and residence of his legal guardian or the person or
persons having custody or control of the minor, or of the
nearest known relative if no parent or guardian can be found;
and (e) if the minor upon whose behalf the petition is
brought is sheltered in custody, the date on which such
temporary custody was ordered by the court or the date set
for a temporary custody hearing. If any of the facts herein
required are not known by the petitioner, the petition shall
so state.
(3) The petition must allege that it is in the best
interests of the minor and of the public that he be adjudged
a ward of the court and may pray generally for relief
available under this Act. The petition need not specify any
proposed disposition following adjudication of wardship.
(4) If termination of parental rights and appointment of
a guardian of the person with power to consent to adoption of
the minor under Section 2-29 is sought, the petition shall so
state. If the petition includes this request, the prayer for
relief shall clearly and obviously state that the parents
could permanently lose their rights as a parent at this
hearing.
In addition to the foregoing, the petitioner, by motion,
may request the termination of parental rights and
appointment of a guardian of the person with power to consent
to adoption of the minor under Section 2-29 at any time after
the entry of a dispositional order under Section 2-22.
(4.5) (a) With respect to any minors committed to its
care pursuant to this Act, the Department of Children and
Family Services shall request the State's Attorney to file a
petition or motion for termination of parental rights and
appointment of guardian of the person with power to consent
to adoption of the minor under Section 2-29 if:
(i) a minor has been in foster care, as described
in subsection (b), for 15 months of the most recent 22
months; or
(ii) a minor under the age of 2 years has been
previously determined to be abandoned at an adjudicatory
hearing; or
(iii) the parent is criminally convicted of (A)
first degree murder or second degree murder of any child,
(B) attempt or conspiracy to commit first degree murder
or second degree murder of any child, (C) solicitation to
commit murder of any child, solicitation to commit murder
for hire of any child, or solicitation to commit second
degree murder of any child, (D) aggravated battery,
aggravated battery of a child, or felony domestic
battery, any of which has resulted in serious injury to
the minor or a sibling of the minor, (E) aggravated
criminal sexual assault in violation of subdivision
(b)(1) of Section 12-14 of the Criminal Code of 1961, or
(F) an offense in any other state the elements of which
are similar and bear a substantial relationship to any of
the foregoing offenses
unless:
(i) the child is being cared for by a relative,
(ii) the Department has documented in the case plan
a compelling reason for determining that filing such
petition would not be in the best interests of the child,
(iii) the court has found within the preceding 12
months that the Department has failed to make reasonable
efforts to reunify the child and family, or
(iv) paragraph (c) of this subsection (4.5)
provides otherwise.
(b) For purposes of this subsection, the date of
entering foster care is defined as the earlier of:
(1) The date of a judicial finding at an
adjudicatory hearing that the child is an abused,
neglected, or dependent minor; or
(2) 60 days after the date on which the child is
removed from his or her parent, guardian, or legal
custodian.
(c) With respect to paragraph (a)(i), the following
transition rules shall apply:
(1) If the child entered foster care after November
19, 1997 and this amendatory Act of 1998 takes effect
before the child has been in foster care for 15 months of
the preceding 22 months, then the Department shall comply
with the requirements of paragraph (a) of this subsection
(4.5) for that child as soon as the child has been in
foster care for 15 of the preceding 22 months.
(2) If the child entered foster care after November
19, 1997 and this amendatory Act of 1998 takes effect
after the child has been in foster care for 15 of the
preceding 22 months, then the Department shall comply
with the requirements of paragraph (a) of this subsection
(4.5) for that child within 3 months after the end of the
next regular session of the General Assembly.
(3) If the child entered foster care prior to
November 19, 1997, then the Department shall comply with
the requirements of paragraph (a) of this subsection
(4.5) for that child in accordance with Department policy
or rule.
(d) If the State's Attorney determines that the
Department's request for filing of a petition or motion
conforms to the requirements set forth in subdivisions (a),
(b), and (c) of this subsection (4.5), then the State's
Attorney shall file the petition or motion as requested.
(5) The court shall liberally allow the petitioner to
amend the petition to set forth a cause of action or to add,
amend, or supplement factual allegations that form the basis
for a cause of action up until 14 days before the
adjudicatory hearing. The petitioner may amend the petition
after that date and prior to the adjudicatory hearing if the
court grants leave to amend upon a showing of good cause. The
court may allow amendment of the petition to conform with the
evidence at any time prior to ruling. In all cases in which
the court has granted leave to amend based on new evidence or
new allegations, the court shall permit the respondent an
adequate opportunity to prepare a defense to the amended
petition.
(6) At any time before dismissal of the petition or
before final closing and discharge under Section 2-31, one or
more motions in the best interests of the minor may be filed.
The motion shall specify sufficient facts in support of the
relief requested.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
P.A. 90-443); 90-28, eff. 1-1-98.)
(705 ILCS 405/2-13.1 new)
Sec. 2-13.1. Early termination of reasonable efforts.
(1) (a) In conjunction with, or at any time subsequent
to, the filing of a petition on behalf of a minor in
accordance with Section 2-13 of this Act, the State's
Attorney, the guardian ad litem, or the Department of
Children and Family Services may file a motion requesting a
finding that reasonable efforts to reunify that minor with
his or her parent or parents are no longer required and are
to cease.
(b) The court shall grant this motion with respect to a
parent of the minor if the court finds after a hearing that
the parent has:
(i) had his or her parental rights to another child
of the parent involuntarily terminated; or
(ii) been convicted of:
(A) first degree or second degree murder of
another child of the parent;
(B) attempt or conspiracy to commit first
degree or second degree murder of another child of
the parent;
(C) solicitation to commit murder of another
child of the parent, solicitation to commit murder
for hire of another child of the parent, or
solicitation to commit second degree murder of
another child of the parent;
(D) aggravated battery, aggravated battery of
a child, or felony domestic battery, any of which
has resulted in serious bodily injury to the minor
or another child of the parent; or
(E) an offense in any other state the elements
of which are similar and bear substantial
relationship to any of the foregoing offenses
unless the court sets forth in writing a compelling reason
why terminating reasonable efforts to reunify the minor with
the parent would not be in the best interests of that minor.
(c) The court shall also grant this motion with respect
to a parent of the minor if:
(i) after a hearing it determines that further
reunification services would no longer be appropriate,
and
(ii) a dispositional hearing has already taken
place.
(2) (a) The court shall hold a permanency hearing within
30 days of granting a motion pursuant to this subsection. If
an adjudicatory or a dispositional hearing, or both, has not
taken place when the court grants a motion pursuant to this
Section, then either or both hearings shall be held as needed
so that both take place on or before the date a permanency
hearing is held pursuant to this subsection.
(b) Following a permanency hearing held pursuant to
paragraph (a) of this subsection, the appointed custodian or
guardian of the minor shall make reasonable efforts to place
the child in accordance with the permanency plan and goal set
by the court, and to complete the necessary steps to locate
and finalize a permanent placement.
(705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
Sec. 2-14. Date for Adjudicatory Hearing.
(a) Purpose and policy. The legislature recognizes that
serious delay in the adjudication of abuse, neglect, or
dependency cases can cause grave harm to the minor and the
family and that it frustrates the health, safety and best
interests of the minor and the effort to establish permanent
homes for children in need. The purpose of this Section is
to insure that, consistent with the federal Adoption
Assistance and Child Welfare Act of 1980, Public Law 96-272,
as amended, and the intent of this Act, the State of Illinois
will act in a just and speedy manner to determine the best
interests of the minor, including providing for the safety of
the minor, identifying families in need, reunifying families
where 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 reunification is not consistent with
the health, safety and best interests of the minor, finding
another permanent home for the minor.
(b) When a petition is filed alleging that the minor is
abused, neglected or dependent, an adjudicatory hearing shall
be commenced within 90 days of the date of service of process
upon the minor, parents, any guardian and any legal
custodian, unless an earlier date is required pursuant to
Section 2-13.1. Once commenced, subsequent delay in the
proceedings may be allowed by the court when necessary to
ensure a fair hearing.
(c) Upon written motion of a party filed no later than
10 days prior to hearing, or upon the court's own motion and
only for good cause shown, the Court may continue the hearing
for a period not to exceed 30 days, and only if the
continuance is consistent with the health, safety and best
interests of the minor. When the court grants a continuance,
it shall enter specific factual findings to support its
order, including factual findings supporting the court's
determination that the continuance is in the best interests
of the minor. Only one such continuance shall be granted. A
period of continuance for good cause as described in this
Section shall temporarily suspend as to all parties, for the
time of the delay, the period within which a hearing must be
held. On the day of the expiration of the delay, the period
shall continue at the point at which it was suspended.
The term "good cause" as applied in this Section shall be
strictly construed and be in accordance with Supreme Court
Rule 231 (a) through (f). Neither stipulation by counsel nor
the convenience of any party constitutes good cause. If the
adjudicatory hearing is not heard within the time limits
required by subsection (b) or (c) of this Section, upon
motion by any party the petition shall be dismissed without
prejudice.
(d) The time limits of this Section may be waived only
by consent of all parties and approval by the court.
(e) For all cases filed before July 1, 1991, an
adjudicatory hearing must, be held within 180 days of July 1,
1991.
(Source: P.A. 88-7; 90-28, eff. 1-1-98; 90-456, eff. 1-1-98;
revised 11-17-97.)
(705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
Sec. 2-15. Summons.
(1) When a petition is filed, the clerk of the court
shall issue a summons with a copy of the petition attached.
The summons shall be directed to the minor's legal guardian
or custodian and to each person named as a respondent in the
petition, except that summons need not be directed to a minor
respondent under 8 years of age for whom the court appoints a
guardian ad litem if the guardian ad litem appears on behalf
of the minor in any proceeding under this Act.
(2) The summons must contain a statement that the minor
or any of the respondents is entitled to have an attorney
present at the hearing on the petition, and that the clerk of
the court should be notified promptly if the minor or any
other respondent desires to be represented by an attorney but
is financially unable to employ counsel.
(3) The summons shall be issued under the seal of the
court, attested in and signed with the name of the clerk of
the court, dated on the day it is issued, and shall require
each respondent to appear and answer the petition on the date
set for the adjudicatory hearing. The summons shall contain
a notice that the parties will not be entitled to further
written notices or publication notices of proceedings in this
case, including the filing of an amended petition or a motion
to terminate parental rights, except as required by Supreme
Court Rule 11.
(4) The summons may be served by any county sheriff,
coroner or probation officer, even though the officer is the
petitioner. The return of the summons with endorsement of
service by the officer is sufficient proof thereof.
(5) Service of a summons and petition shall be made by:
(a) leaving a copy thereof with the person summoned at least
3 days before the time stated therein for appearance; (b)
leaving a copy at his usual place of abode with some person
of the family, of the age of 10 years or upwards, and
informing that person of the contents thereof, provided the
officer or other person making service shall also send a copy
of the summons in a sealed envelope with postage fully
prepaid, addressed to the person summoned at his usual place
of abode, at least 3 days before the time stated therein for
appearance; or (c) leaving a copy thereof with the guardian
or custodian of a minor, at least 3 days before the time
stated therein for appearance. If the guardian or custodian
is an agency of the State of Illinois, proper service may be
made by leaving a copy of the summons and petition with any
administrative employee of such agency designated by such
agency to accept service of summons and petitions. The
certificate of the officer or affidavit of the person that he
has sent the copy pursuant to this Section is sufficient
proof of service.
(6) When a parent or other person, who has signed a
written promise to appear and bring the minor to court or who
has waived or acknowledged service, fails to appear with the
minor on the date set by the court, a bench warrant may be
issued for the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition,
in any proceeding under this Act shall constitute a waiver of
service of summons and submission to the jurisdiction of the
court, except that the filing of a special appearance
authorized under Section 2-301 of the Code of Civil Procedure
does not constitute an appearance under this subsection. A
copy of the summons and petition shall be provided to the
person at the time of his appearance.
(8) Notice to a parent who has appeared or been served
with summons personally or by certified mail, and for whom an
order of default has been entered on the petition for
wardship and has not been set aside shall be provided in
accordance with Supreme Court Rule 11. Notice to a parent
who was served by publication and for whom an order of
default has been entered on the petition for wardship and has
not been set aside shall be provided in accordance with this
Section and Section 2-16.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
(705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
Sec. 2-16. Notice by certified mail or publication.
(1) If service on individuals as provided in Section
2-15 is not made on any respondent within a reasonable time
or if it appears that any respondent resides outside the
State, service may be made by certified mail. In such case
the clerk shall mail the summons and a copy of the petition
to that respondent by certified mail marked for delivery to
addressee only. The court shall not proceed with the
adjudicatory hearing until 5 days after such mailing. The
regular return receipt for certified mail is sufficient proof
of service.
(2) Where a respondent's usual place of abode is not
known, a diligent inquiry shall be made to ascertain the
respondent's current and last known address. The Department
of Children and Family Services shall adopt rules defining
the requirements for conducting a diligent search to locate
parents of minors in the custody of the Department. If, after
diligent inquiry made at any time within the preceding 12
months, the usual place of abode cannot be reasonably
ascertained, or if respondent is concealing his or her
whereabouts to avoid service of process, petitioner's
attorney shall file an affidavit at the office of the clerk
of court in which the action is pending showing that
respondent on due inquiry cannot be found or is concealing
his or her whereabouts so that process cannot be served. The
affidavit shall state the last known address of the
respondent. The affidavit shall also state what efforts were
made to effectuate service. Within 3 days of receipt of the
affidavit, the clerk shall issue publication service as
provided below. The clerk shall also send a copy thereof by
mail addressed to each respondent listed in the affidavit at
his or her last known address. The clerk of the court as soon
as possible shall cause publication to be made once in a
newspaper of general circulation in the county where the
action is pending. Notice by publication is not required in
any case when the person alleged to have legal custody of the
minor has been served with summons personally or by certified
mail, but the court may not enter any order or judgment
against any person who cannot be served with process other
than by publication unless notice by publication is given or
unless that person appears. When a minor has been sheltered
under Section 2-10 of this Act and summons has not been
served personally or by certified mail within 20 days from
the date of the order of court directing such shelter care,
the clerk of the court shall cause publication. Notice by
publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the named
respondents, if any) and to All Whom It May Concern (if there
is any respondent under that designation):
Take notice that on the .... day of ...., 19.. a
petition was filed under the Juvenile Court Act by .... in
the circuit court of .... county entitled 'In the interest of
...., a minor', and that in .... courtroom at .... on the
.... day of .... at the hour of ...., or as soon thereafter
as this cause may be heard, an adjudicatory hearing will be
held upon the petition to have the child declared to be a
ward of the court under that Act. THE COURT HAS AUTHORITY IN
THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND GUARDIANSHIP
OF THE MINOR, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO
APPOINT A GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU
MAY LOSE ALL PARENTAL RIGHTS TO YOUR CHILD. IF THE PETITION
REQUESTS THE TERMINATION OF YOUR PARENTAL RIGHTS AND THE
APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD. Unless you
appear you will not be entitled to further written notices or
publication notices of the proceedings in this case,
including the filing of an amended petition or a motion to
terminate parental rights.
Now, unless you appear at the hearing and show cause
against the petition, the allegations of the petition may
stand admitted as against you and each of you, and an order
or judgment entered.
......................
Clerk
Dated (the date of publication)"
(3) The clerk shall also at the time of the publication
of the notice send a copy thereof by mail to each of the
respondents on account of whom publication is made at his or
her last known address. The certificate of the clerk that he
or she has mailed the notice is evidence thereof. No other
publication notice is required. Every respondent notified by
publication under this Section must appear and answer in open
court at the hearing. The court may not proceed with the
adjudicatory hearing until 10 days after service by
publication on any parent, guardian or legal custodian in the
case of a minor described in Section 2-3 or 2-4.
(4) If it becomes necessary to change the date set for
the hearing in order to comply with Section 2-14 or with this
Section, notice of the resetting of the date must be given,
by certified mail or other reasonable means, to each
respondent who has been served with summons personally or by
certified mail.
(5) Notice to a parent who has appeared or been served
with summons personally or by certified mail, and for whom an
order of default has been entered on the petition for
wardship and has not been set aside shall be provided in
accordance with Supreme Court Rule 11. Notice to a parent
who was served by publication and for whom an order of
default has been entered on the petition for wardship and has
not been set aside shall be provided in accordance with this
Section and Section 2-15.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
(705 ILCS 405/2-17.1)
Sec. 2-17.1. Court appointed special advocate.
(1) The court may appoint a special advocate upon the
filing of a petition under this Article or at any time during
the pendency of a proceeding under this Article. Except in
counties with a population over 3,000,000, the court
appointed special advocate may also serve as guardian ad
litem by appointment of the court under Section 2-17 of this
Act.
(2) The court appointed special advocate shall act as a
monitor and shall be notified of all administrative case
reviews pertaining to the minor and work with the parties'
attorneys, the guardian ad litem, and others assigned to the
minor's case to protect the minor's health, safety and best
interests and insure the proper delivery of child welfare
services. The court may consider, at its discretion,
testimony of the court appointed special advocate pertaining
to the well-being of the child.
(3) Court appointed special advocates shall serve as
volunteers without compensation and shall receive training
consistent with nationally developed standards.
(4) No person convicted of a criminal offense as
specified in Section 4.2 of the Child Care Act of 1969 and no
person identified as a perpetrator of an act of child abuse
or neglect as reflected in the Department of Children and
Family Services State Central Register shall serve as a court
appointed special advocate.
(5) All costs associated with the appointment and duties
of the court appointed special advocate shall be paid by the
court appointed special advocate or an organization of court
appointed special advocates. In no event shall the court
appointed special advocate be liable for any costs of
services provided to the child.
(6) The court may remove the court appointed special
advocate or the guardian ad litem from a case upon finding
that the court appointed special advocate or the guardian ad
litem has acted in a manner contrary to the child's best
interest or if the court otherwise deems continued service is
unwanted or unnecessary.
(7) (a) In any county in which a program of court
appointed special advocates is in operation, the provisions
of this Section shall apply unless the county board of that
county, by resolution, determines that the county shall not
be governed by this Section.
(8) Any court appointed special advocate acting in good
faith within the scope of his or her appointment shall have
immunity from any civil or criminal liability that otherwise
might result by reason of his or her actions, except in cases
of willful and wanton misconduct. For the purpose of any
civil or criminal proceedings, the good faith of any court
appointed special advocate shall be presumed.
(Source: P.A. 90-28, eff. 1-1-98.)
(705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
Sec. 2-18. Evidence.
(1) At the adjudicatory hearing, the court shall first
consider only the question whether the minor is abused,
neglected or dependent. The standard of proof and the rules
of evidence in the nature of civil proceedings in this State
are applicable to proceedings under this Article. If the
petition also seeks the appointment of a guardian of the
person with power to consent to adoption of the minor under
Section 2-29, the court may also consider legally admissible
evidence at the adjudicatory hearing that one or more grounds
of unfitness exists under subdivision D of Section 1 of the
Adoption Act.
(2) In any hearing under this Act, the following shall
constitute prima facie evidence of abuse or neglect, as the
case may be:
(a) proof that a minor has a medical diagnosis of
battered child syndrome is prima facie evidence of abuse;
(b) proof that a minor has a medical diagnosis of
failure to thrive syndrome is prima facie evidence of
neglect;
(c) proof that a minor has a medical diagnosis of
fetal alcohol syndrome is prima facie evidence of
neglect;
(d) proof that a minor has a medical diagnosis at
birth of withdrawal symptoms from narcotics or
barbiturates is prima facie evidence of neglect;
(e) proof of injuries sustained by a minor or of
the condition of a minor of such a nature as would
ordinarily not be sustained or exist except by reason of
the acts or omissions of the parent, custodian or
guardian of such minor shall be prima facie evidence of
abuse or neglect, as the case may be;
(f) proof that a parent, custodian or guardian of a
minor repeatedly used a drug, to the extent that it has
or would ordinarily have the effect of producing in the
user a substantial state of stupor, unconsciousness,
intoxication, hallucination, disorientation or
incompetence, or a substantial impairment of judgment, or
a substantial manifestation of irrationality, shall be
prima facie evidence of neglect;
(g) proof that a parent, custodian, or guardian of
a minor repeatedly used a controlled substance, as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, in the presence of the minor
or a sibling of the minor is prima facie evidence of
neglect. "Repeated use", for the purpose of this
subsection, means more than one use of a controlled
substance as defined in subsection (f) of Section 102 of
the Illinois Controlled Substances Act;
(h) proof that a newborn infant's blood, urine, or
meconium contains any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, or a metabolite of a
controlled substance, with the exception of controlled
substances or metabolites of those substances, the
presence of which is the result of medical treatment
administered to the mother or the newborn, is prime facie
evidence of neglect.
(3) In any hearing under this Act, proof of the abuse,
neglect or dependency of one minor shall be admissible
evidence on the issue of the abuse, neglect or dependency of
any other minor for whom the respondent is responsible.
(4) (a) Any writing, record, photograph or x-ray of any
hospital or public or private agency, whether in the form of
an entry in a book or otherwise, made as a memorandum or
record of any condition, act, transaction, occurrence or
event relating to a minor in an abuse, neglect or dependency
proceeding, shall be admissible in evidence as proof of that
condition, act, transaction, occurrence or event, if the
court finds that the document was made in the regular course
of the business of the hospital or agency and that it was in
the regular course of such business to make it, at the time
of the act, transaction, occurrence or event, or within a
reasonable time thereafter. A certification by the head or
responsible employee of the hospital or agency that the
writing, record, photograph or x-ray is the full and complete
record of the condition, act, transaction, occurrence or
event and that it satisfies the conditions of this paragraph
shall be prima facie evidence of the facts contained in such
certification. A certification by someone other than the
head of the hospital or agency shall be accompanied by a
photocopy of a delegation of authority signed by both the
head of the hospital or agency and by such other employee.
All other circumstances of the making of the memorandum,
record, photograph or x-ray, including lack of personal
knowledge of the maker, may be proved to affect the weight to
be accorded such evidence, but shall not affect its
admissibility.
(b) Any indicated report filed pursuant to the Abused
and Neglected Child Reporting Act shall be admissible in
evidence.
(c) Previous statements made by the minor relating to
any allegations of abuse or neglect shall be admissible in
evidence. However, no such statement, if uncorroborated and
not subject to cross-examination, shall be sufficient in
itself to support a finding of abuse or neglect.
(d) There shall be a rebuttable presumption that a minor
is competent to testify in abuse or neglect proceedings. The
court shall determine how much weight to give to the minor's
testimony, and may allow the minor to testify in chambers
with only the court, the court reporter and attorneys for the
parties present.
(e) The privileged character of communication between
any professional person and patient or client, except
privilege between attorney and client, shall not apply to
proceedings subject to this Article.
(f) Proof of the impairment of emotional health or
impairment of mental or emotional condition as a result of
the failure of the respondent to exercise a minimum degree of
care toward a minor may include competent opinion or expert
testimony, and may include proof that such impairment
lessened during a period when the minor was in the care,
custody or supervision of a person or agency other than the
respondent.
(5) In any hearing under this Act alleging neglect for
failure to provide education as required by law under
subsection (1) of Section 2-3, proof that a minor under 13
years of age who is subject to compulsory school attend