Rep. Sara Feigenholtz

Filed: 2/21/2017

 

 


 

 


 
10000HB1791ham001LRB100 05887 SLF 21318 a

1
AMENDMENT TO HOUSE BILL 1791

2    AMENDMENT NO. ______. Amend House Bill 1791 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 2-23 and 2-28 as follows:
 
6    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
7    Sec. 2-23. Kinds of dispositional orders.
8    (1) The following kinds of orders of disposition may be
9made in respect of wards of the court:
10        (a) A minor under 18 years of age found to be neglected
11    or abused under Section 2-3 or dependent under Section 2-4
12    may be (1) continued in the custody of his or her parents,
13    guardian or legal custodian; (2) placed in accordance with
14    Section 2-27; (3) restored to the custody of the parent,
15    parents, guardian, or legal custodian, provided the court
16    shall order the parent, parents, guardian, or legal

 

 

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1    custodian to cooperate with the Department of Children and
2    Family Services and comply with the terms of an after-care
3    plan or risk the loss of custody of the child and the
4    possible termination of their parental rights; or (4)
5    ordered partially or completely emancipated in accordance
6    with the provisions of the Emancipation of Minors Act.
7        However, in any case in which a minor is found by the
8    court to be neglected or abused under Section 2-3 of this
9    Act, custody of the minor shall not be restored to any
10    parent, guardian or legal custodian whose acts or omissions
11    or both have been identified, pursuant to subsection (1) of
12    Section 2-21, as forming the basis for the court's finding
13    of abuse or neglect, until such time as a hearing is held
14    on the issue of the best interests of the minor and the
15    fitness of such parent, guardian or legal custodian to care
16    for the minor without endangering the minor's health or
17    safety, and the court enters an order that such parent,
18    guardian or legal custodian is fit to care for the minor.
19        (b) A minor under 18 years of age found to be dependent
20    under Section 2-4 may be (1) placed in accordance with
21    Section 2-27 or (2) ordered partially or completely
22    emancipated in accordance with the provisions of the
23    Emancipation of Minors Act.
24        However, in any case in which a minor is found by the
25    court to be dependent under Section 2-4 of this Act,
26    custody of the minor shall not be restored to any parent,

 

 

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1    guardian or legal custodian whose acts or omissions or both
2    have been identified, pursuant to subsection (1) of Section
3    2-21, as forming the basis for the court's finding of
4    dependency, until such time as a hearing is held on the
5    issue of the fitness of such parent, guardian or legal
6    custodian to care for the minor without endangering the
7    minor's health or safety, and the court enters an order
8    that such parent, guardian or legal custodian is fit to
9    care for the minor.
10        (b-1) A minor between the ages of 18 and 21 may be
11    placed pursuant to Section 2-27 of this Act if (1) the
12    court has granted a supplemental petition to reinstate
13    wardship of the minor pursuant to subsection (2) of Section
14    2-33, or (2) the court has adjudicated the minor a ward of
15    the court, permitted the minor to return home under an
16    order of protection, and subsequently made a finding that
17    it is in the minor's best interest to vacate the order of
18    protection and commit the minor to the Department of
19    Children and Family Services for care and service.
20        (c) When the court awards guardianship to the
21    Department of Children and Family Services, the court shall
22    order the parents to cooperate with the Department of
23    Children and Family Services, comply with the terms of the
24    service plans, and correct the conditions that require the
25    child to be in care, or risk termination of their parental
26    rights.

 

 

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1    (2) Any order of disposition may provide for protective
2supervision under Section 2-24 and may include an order of
3protection under Section 2-25.
4    Unless the order of disposition expressly so provides, it
5does not operate to close proceedings on the pending petition,
6but is subject to modification, not inconsistent with Section
72-28, until final closing and discharge of the proceedings
8under Section 2-31.
9    (3) The court also shall enter any other orders necessary
10to fulfill the service plan, including, but not limited to, (i)
11orders requiring parties to cooperate with services, (ii)
12restraining orders controlling the conduct of any party likely
13to frustrate the achievement of the goal, and (iii) visiting
14orders. When the child is placed separately from a sibling, the
15court shall review the Sibling Contact Support Plan developed
16under subsection (f) of Section 7.4 of the Children and Family
17Services Act, if applicable. If the Department has not convened
18a meeting to develop a Sibling Contact Support Plan, or if the
19court finds that the existing Plan is not in the child's best
20interest, the court may enter an order requiring the Department
21to develop and implement a Sibling Contact Support Plan under
22subsection (f) of Section 7.4 of the Children and Family
23Services Act or order mediation. Unless otherwise specifically
24authorized by law, the court is not empowered under this
25subsection (3) to order specific placements, specific
26services, or specific service providers to be included in the

 

 

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1plan. If, after receiving evidence, the court determines that
2the services contained in the plan are not reasonably
3calculated to facilitate achievement of the permanency goal,
4the court shall put in writing the factual basis supporting the
5determination and enter specific findings based on the
6evidence. The court also shall enter an order for the
7Department to develop and implement a new service plan or to
8implement changes to the current service plan consistent with
9the court's findings. The new service plan shall be filed with
10the court and served on all parties within 45 days after the
11date of the order. The court shall continue the matter until
12the new service plan is filed. Except as authorized by
13subsection (3.5) of this Section or authorized by law, the
14court is not empowered under this Section to order specific
15placements, specific services, or specific service providers
16to be included in the service plan. Unless otherwise
17specifically authorized by law, the court is not empowered
18under this subsection (3) or under subsection (2) to order
19specific placements, specific services, or specific service
20providers to be included in the plan.
21    (3.5) If, after reviewing the evidence, including evidence
22from the Department, the court determines that the minor's
23current or planned placement is not necessary or appropriate to
24facilitate achievement of the permanency goal, the court shall
25put in writing the factual basis supporting its determination
26and enter specific findings based on the evidence. If the court

 

 

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1finds that the minor's current or planned placement is not
2necessary or appropriate, the court may enter an order
3directing the Department to implement a recommendation by the
4minor's treating clinician or a clinician contracted by the
5Department to evaluate the minor or a recommendation made by
6the Department. If the Department places a minor in a placement
7under an order entered under this subsection (3.5), the
8Department has the authority to remove the minor from that
9placement when a change in circumstances necessitates the
10removal to protect the minor's health, safety, and best
11interest. If the Department determines removal is necessary,
12the Department shall notify the parties of the planned
13placement change in writing no later than 10 days prior to the
14implementation of its determination unless remaining in the
15placement poses an imminent risk of harm to the minor, in which
16case the Department shall notify the parties of the placement
17change in writing immediately following the implementation of
18its decision. The Department shall notify others of the
19decision to change the minor's placement as required by
20Department rule.
21    (4) In addition to any other order of disposition, the
22court may order any minor adjudicated neglected with respect to
23his or her own injurious behavior to make restitution, in
24monetary or non-monetary form, under the terms and conditions
25of Section 5-5-6 of the Unified Code of Corrections, except
26that the "presentence hearing" referred to therein shall be the

 

 

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1dispositional hearing for purposes of this Section. The parent,
2guardian or legal custodian of the minor may pay some or all of
3such restitution on the minor's behalf.
4    (5) Any order for disposition where the minor is committed
5or placed in accordance with Section 2-27 shall provide for the
6parents or guardian of the estate of such minor to pay to the
7legal custodian or guardian of the person of the minor such
8sums as are determined by the custodian or guardian of the
9person of the minor as necessary for the minor's needs. Such
10payments may not exceed the maximum amounts provided for by
11Section 9.1 of the Children and Family Services Act.
12    (6) Whenever the order of disposition requires the minor to
13attend school or participate in a program of training, the
14truant officer or designated school official shall regularly
15report to the court if the minor is a chronic or habitual
16truant under Section 26-2a of the School Code.
17    (7) The court may terminate the parental rights of a parent
18at the initial dispositional hearing if all of the conditions
19in subsection (5) of Section 2-21 are met.
20(Source: P.A. 96-581, eff. 1-1-10; 96-600, eff. 8-21-09;
2196-1000, eff. 7-2-10; 97-1076, eff. 8-24-12.)
 
22    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
23    Sec. 2-28. Court review.
24    (1) The court may require any legal custodian or guardian
25of the person appointed under this Act to report periodically

 

 

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1to the court or may cite him into court and require him or his
2agency, to make a full and accurate report of his or its doings
3in behalf of the minor. The custodian or guardian, within 10
4days after such citation, shall make the report, either in
5writing verified by affidavit or orally under oath in open
6court, or otherwise as the court directs. Upon the hearing of
7the report the court may remove the custodian or guardian and
8appoint another in his stead or restore the minor to the
9custody of his parents or former guardian or custodian.
10However, custody of the minor shall not be restored to any
11parent, guardian or legal custodian in any case in which the
12minor is found to be neglected or abused under Section 2-3 or
13dependent under Section 2-4 of this Act, unless the minor can
14be cared for at home without endangering the minor's health or
15safety and it is in the best interests of the minor, and if
16such neglect, abuse, or dependency is found by the court under
17paragraph (1) of Section 2-21 of this Act to have come about
18due to the acts or omissions or both of such parent, guardian
19or legal custodian, until such time as an investigation is made
20as provided in paragraph (5) and a hearing is held on the issue
21of the fitness of such parent, guardian or legal custodian to
22care for the minor and the court enters an order that such
23parent, guardian or legal custodian is fit to care for the
24minor.
25    (2) The first permanency hearing shall be conducted by the
26judge. Subsequent permanency hearings may be heard by a judge

 

 

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1or by hearing officers appointed or approved by the court in
2the manner set forth in Section 2-28.1 of this Act. The initial
3hearing shall be held (a) within 12 months from the date
4temporary custody was taken, regardless of whether an
5adjudication or dispositional hearing has been completed
6within that time frame, (b) if the parental rights of both
7parents have been terminated in accordance with the procedure
8described in subsection (5) of Section 2-21, within 30 days of
9the order for termination of parental rights and appointment of
10a guardian with power to consent to adoption, or (c) in
11accordance with subsection (2) of Section 2-13.1. Subsequent
12permanency hearings shall be held every 6 months or more
13frequently if necessary in the court's determination following
14the initial permanency hearing, in accordance with the
15standards set forth in this Section, until the court determines
16that the plan and goal have been achieved. Once the plan and
17goal have been achieved, if the minor remains in substitute
18care, the case shall be reviewed at least every 6 months
19thereafter, subject to the provisions of this Section, unless
20the minor is placed in the guardianship of a suitable relative
21or other person and the court determines that further
22monitoring by the court does not further the health, safety or
23best interest of the child and that this is a stable permanent
24placement. The permanency hearings must occur within the time
25frames set forth in this subsection and may not be delayed in
26anticipation of a report from any source or due to the agency's

 

 

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1failure to timely file its written report (this written report
2means the one required under the next paragraph and does not
3mean the service plan also referred to in that paragraph).
4    The public agency that is the custodian or guardian of the
5minor, or another agency responsible for the minor's care,
6shall ensure that all parties to the permanency hearings are
7provided a copy of the most recent service plan prepared within
8the prior 6 months at least 14 days in advance of the hearing.
9If not contained in the plan, the agency shall also include a
10report setting forth (i) any special physical, psychological,
11educational, medical, emotional, or other needs of the minor or
12his or her family that are relevant to a permanency or
13placement determination and (ii) for any minor age 16 or over,
14a written description of the programs and services that will
15enable the minor to prepare for independent living. The
16agency's written report must detail what progress or lack of
17progress the parent has made in correcting the conditions
18requiring the child to be in care; whether the child can be
19returned home without jeopardizing the child's health, safety,
20and welfare, and if not, what permanency goal is recommended to
21be in the best interests of the child, and why the other
22permanency goals are not appropriate. The caseworker must
23appear and testify at the permanency hearing. If a permanency
24hearing has not previously been scheduled by the court, the
25moving party shall move for the setting of a permanency hearing
26and the entry of an order within the time frames set forth in

 

 

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1this subsection.
2    At the permanency hearing, the court shall determine the
3future status of the child. The court shall set one of the
4following permanency goals:
5        (A) The minor will be returned home by a specific date
6    within 5 months.
7        (B) The minor will be in short-term care with a
8    continued goal to return home within a period not to exceed
9    one year, where the progress of the parent or parents is
10    substantial giving particular consideration to the age and
11    individual needs of the minor.
12        (B-1) The minor will be in short-term care with a
13    continued goal to return home pending a status hearing.
14    When the court finds that a parent has not made reasonable
15    efforts or reasonable progress to date, the court shall
16    identify what actions the parent and the Department must
17    take in order to justify a finding of reasonable efforts or
18    reasonable progress and shall set a status hearing to be
19    held not earlier than 9 months from the date of
20    adjudication nor later than 11 months from the date of
21    adjudication during which the parent's progress will again
22    be reviewed.
23        (C) The minor will be in substitute care pending court
24    determination on termination of parental rights.
25        (D) Adoption, provided that parental rights have been
26    terminated or relinquished.

 

 

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1        (E) The guardianship of the minor will be transferred
2    to an individual or couple on a permanent basis provided
3    that goals (A) through (D) have been ruled out.
4        (F) The minor over age 15 will be in substitute care
5    pending independence.
6        (G) The minor will be in substitute care because he or
7    she cannot be provided for in a home environment due to
8    developmental disabilities or mental illness or because he
9    or she is a danger to self or others, provided that goals
10    (A) through (D) have been ruled out.
11    In selecting any permanency goal, the court shall indicate
12in writing the reasons the goal was selected and why the
13preceding goals were ruled out. Where the court has selected a
14permanency goal other than (A), (B), or (B-1), the Department
15of Children and Family Services shall not provide further
16reunification services, but shall provide services consistent
17with the goal selected.
18        (H) Notwithstanding any other provision in this
19    Section, the court may select the goal of continuing foster
20    care as a permanency goal if:
21            (1) The Department of Children and Family Services
22        has custody and guardianship of the minor;
23            (2) The court has ruled out all other permanency
24        goals based on the child's best interest;
25            (3) The court has found compelling reasons, based
26        on written documentation reviewed by the court, to

 

 

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1        place the minor in continuing foster care. Compelling
2        reasons include:
3                (a) the child does not wish to be adopted or to
4            be placed in the guardianship of his or her
5            relative or foster care placement;
6                (b) the child exhibits an extreme level of need
7            such that the removal of the child from his or her
8            placement would be detrimental to the child; or
9                (c) the child who is the subject of the
10            permanency hearing has existing close and strong
11            bonds with a sibling, and achievement of another
12            permanency goal would substantially interfere with
13            the subject child's sibling relationship, taking
14            into consideration the nature and extent of the
15            relationship, and whether ongoing contact is in
16            the subject child's best interest, including
17            long-term emotional interest, as compared with the
18            legal and emotional benefit of permanence;
19            (4) The child has lived with the relative or foster
20        parent for at least one year; and
21            (5) The relative or foster parent currently caring
22        for the child is willing and capable of providing the
23        child with a stable and permanent environment.
24    The court shall set a permanency goal that is in the best
25interest of the child. In determining that goal, the court
26shall consult with the minor in an age-appropriate manner

 

 

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1regarding the proposed permanency or transition plan for the
2minor. The court's determination shall include the following
3factors:
4        (1) Age of the child.
5        (2) Options available for permanence, including both
6    out-of-State and in-State placement options.
7        (3) Current placement of the child and the intent of
8    the family regarding adoption.
9        (4) Emotional, physical, and mental status or
10    condition of the child.
11        (5) Types of services previously offered and whether or
12    not the services were successful and, if not successful,
13    the reasons the services failed.
14        (6) Availability of services currently needed and
15    whether the services exist.
16        (7) Status of siblings of the minor.
17    The court shall consider (i) the permanency goal contained
18in the service plan, (ii) the appropriateness of the services
19contained in the plan and whether those services have been
20provided, (iii) whether reasonable efforts have been made by
21all the parties to the service plan to achieve the goal, and
22(iv) whether the plan and goal have been achieved. All evidence
23relevant to determining these questions, including oral and
24written reports, may be admitted and may be relied on to the
25extent of their probative value.
26    The court shall make findings as to whether, in violation

 

 

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1of Section 8.2 of the Abused and Neglected Child Reporting Act,
2any portion of the service plan compels a child or parent to
3engage in any activity or refrain from any activity that is not
4reasonably related to remedying a condition or conditions that
5gave rise or which could give rise to any finding of child
6abuse or neglect. The services contained in the service plan
7shall include services reasonably related to remedy the
8conditions that gave rise to removal of the child from the home
9of his or her parents, guardian, or legal custodian or that the
10court has found must be remedied prior to returning the child
11home. Any tasks the court requires of the parents, guardian, or
12legal custodian or child prior to returning the child home,
13must be reasonably related to remedying a condition or
14conditions that gave rise to or which could give rise to any
15finding of child abuse or neglect.
16    If the permanency goal is to return home, the court shall
17make findings that identify any problems that are causing
18continued placement of the children away from the home and
19identify what outcomes would be considered a resolution to
20these problems. The court shall explain to the parents that
21these findings are based on the information that the court has
22at that time and may be revised, should additional evidence be
23presented to the court.
24    The court shall review the Sibling Contact Support Plan
25developed or modified under subsection (f) of Section 7.4 of
26the Children and Family Services Act, if applicable. If the

 

 

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1Department has not convened a meeting to develop or modify a
2Sibling Contact Support Plan, or if the court finds that the
3existing Plan is not in the child's best interest, the court
4may enter an order requiring the Department to develop, modify
5or implement a Sibling Contact Support Plan, or order
6mediation.
7    If the goal has been achieved, the court shall enter orders
8that are necessary to conform the minor's legal custody and
9status to those findings.
10    If, after receiving evidence, the court determines that the
11services contained in the plan are not reasonably calculated to
12facilitate achievement of the permanency goal, the court shall
13put in writing the factual basis supporting the determination
14and enter specific findings based on the evidence. The court
15also shall enter an order for the Department to develop and
16implement a new service plan or to implement changes to the
17current service plan consistent with the court's findings. The
18new service plan shall be filed with the court and served on
19all parties within 45 days of the date of the order. The court
20shall continue the matter until the new service plan is filed.
21Except as authorized by subsection (2.5) of this Section and as
22otherwise specifically authorized by law, the court is not
23empowered under this Section to order specific placements,
24specific services, or specific service providers to be included
25in the service plan. Unless otherwise specifically authorized
26by law, the court is not empowered under this subsection (2) or

 

 

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1under subsection (3) to order specific placements, specific
2services, or specific service providers to be included in the
3plan.
4    A guardian or custodian appointed by the court pursuant to
5this Act shall file updated case plans with the court every 6
6months.
7    Rights of wards of the court under this Act are enforceable
8against any public agency by complaints for relief by mandamus
9filed in any proceedings brought under this Act.
10    (2.5) If, after reviewing the evidence, including evidence
11from the Department, the court determines that the minor's
12current or planned placement is not necessary or appropriate to
13facilitate achievement of the permanency goal, the court shall
14put in writing the factual basis supporting its determination
15and enter specific findings based on the evidence. If the court
16finds that the minor's current or planned placement is not
17necessary or appropriate, the court may enter an order
18directing the Department to implement a recommendation by the
19minor's treating clinician or a clinician contracted by the
20Department to evaluate the minor or a recommendation made by
21the Department. If the Department places a minor in a placement
22under an order entered under this subsection (2.5), the
23Department has the authority to remove the minor from that
24placement when a change in circumstances necessitates the
25removal to protect the minor's health, safety, and best
26interest. If the Department determines removal is necessary,

 

 

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1the Department shall notify the parties of the planned
2placement change in writing no later than 10 days prior to the
3implementation of its determination unless remaining in the
4placement poses an imminent risk of harm to the minor, in which
5case the Department shall notify the parties of the placement
6change in writing immediately following the implementation of
7its decision. The Department shall notify others of the
8decision to change the minor's placement as required by
9Department rule.
10    (3) Following the permanency hearing, the court shall enter
11a written order that includes the determinations required under
12subsection (2) of this Section and sets forth the following:
13        (a) The future status of the minor, including the
14    permanency goal, and any order necessary to conform the
15    minor's legal custody and status to such determination; or
16        (b) If the permanency goal of the minor cannot be
17    achieved immediately, the specific reasons for continuing
18    the minor in the care of the Department of Children and
19    Family Services or other agency for short term placement,
20    and the following determinations:
21            (i) (Blank).
22            (ii) Whether the services required by the court and
23        by any service plan prepared within the prior 6 months
24        have been provided and (A) if so, whether the services
25        were reasonably calculated to facilitate the
26        achievement of the permanency goal or (B) if not

 

 

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1        provided, why the services were not provided.
2            (iii) Whether the minor's current or planned
3        placement is necessary, and appropriate to the plan and
4        goal, recognizing the right of minors to the least
5        restrictive (most family-like) setting available and
6        in close proximity to the parents' home consistent with
7        the health, safety, best interest and special needs of
8        the minor and, if the minor is placed out-of-State,
9        whether the out-of-State placement continues to be
10        appropriate and consistent with the health, safety,
11        and best interest of the minor.
12            (iv) (Blank).
13            (v) (Blank).
14    (4) The minor or any person interested in the minor may
15apply to the court for a change in custody of the minor and the
16appointment of a new custodian or guardian of the person or for
17the restoration of the minor to the custody of his parents or
18former guardian or custodian.
19    When return home is not selected as the permanency goal:
20        (a) The Department, the minor, or the current foster
21    parent or relative caregiver seeking private guardianship
22    may file a motion for private guardianship of the minor.
23    Appointment of a guardian under this Section requires
24    approval of the court.
25        (b) The State's Attorney may file a motion to terminate
26    parental rights of any parent who has failed to make

 

 

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1    reasonable efforts to correct the conditions which led to
2    the removal of the child or reasonable progress toward the
3    return of the child, as defined in subdivision (D)(m) of
4    Section 1 of the Adoption Act or for whom any other
5    unfitness ground for terminating parental rights as
6    defined in subdivision (D) of Section 1 of the Adoption Act
7    exists.
8        When parental rights have been terminated for a minimum
9    of 3 years and the child who is the subject of the
10    permanency hearing is 13 years old or older and is not
11    currently placed in a placement likely to achieve
12    permanency, the Department of Children and Family Services
13    shall make reasonable efforts to locate parents whose
14    rights have been terminated, except when the Court
15    determines that those efforts would be futile or
16    inconsistent with the subject child's best interests. The
17    Department of Children and Family Services shall assess the
18    appropriateness of the parent whose rights have been
19    terminated, and shall, as appropriate, foster and support
20    connections between the parent whose rights have been
21    terminated and the youth. The Department of Children and
22    Family Services shall document its determinations and
23    efforts to foster connections in the child's case plan.
24    Custody of the minor shall not be restored to any parent,
25guardian or legal custodian in any case in which the minor is
26found to be neglected or abused under Section 2-3 or dependent

 

 

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1under Section 2-4 of this Act, unless the minor can be cared
2for at home without endangering his or her health or safety and
3it is in the best interest of the minor, and if such neglect,
4abuse, or dependency is found by the court under paragraph (1)
5of Section 2-21 of this Act to have come about due to the acts
6or omissions or both of such parent, guardian or legal
7custodian, until such time as an investigation is made as
8provided in paragraph (5) and a hearing is held on the issue of
9the health, safety and best interest of the minor and the
10fitness of such parent, guardian or legal custodian to care for
11the minor and the court enters an order that such parent,
12guardian or legal custodian is fit to care for the minor. In
13the event that the minor has attained 18 years of age and the
14guardian or custodian petitions the court for an order
15terminating his guardianship or custody, guardianship or
16custody shall terminate automatically 30 days after the receipt
17of the petition unless the court orders otherwise. No legal
18custodian or guardian of the person may be removed without his
19consent until given notice and an opportunity to be heard by
20the court.
21    When the court orders a child restored to the custody of
22the parent or parents, the court shall order the parent or
23parents to cooperate with the Department of Children and Family
24Services and comply with the terms of an after-care plan, or
25risk the loss of custody of the child and possible termination
26of their parental rights. The court may also enter an order of

 

 

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1protective supervision in accordance with Section 2-24.
2    (5) Whenever a parent, guardian, or legal custodian files a
3motion for restoration of custody of the minor, and the minor
4was adjudicated neglected, abused, or dependent as a result of
5physical abuse, the court shall cause to be made an
6investigation as to whether the movant has ever been charged
7with or convicted of any criminal offense which would indicate
8the likelihood of any further physical abuse to the minor.
9Evidence of such criminal convictions shall be taken into
10account in determining whether the minor can be cared for at
11home without endangering his or her health or safety and
12fitness of the parent, guardian, or legal custodian.
13        (a) Any agency of this State or any subdivision thereof
14    shall co-operate with the agent of the court in providing
15    any information sought in the investigation.
16        (b) The information derived from the investigation and
17    any conclusions or recommendations derived from the
18    information shall be provided to the parent, guardian, or
19    legal custodian seeking restoration of custody prior to the
20    hearing on fitness and the movant shall have an opportunity
21    at the hearing to refute the information or contest its
22    significance.
23        (c) All information obtained from any investigation
24    shall be confidential as provided in Section 5-150 of this
25    Act.
26(Source: P.A. 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12;

 

 

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198-756, eff. 7-16-14.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".