102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3961

 

Introduced 1/21/2022, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends various Acts concerning children by: replacing certain pronouns with the nouns to which the pronouns refer; replacing certain instances of the word "biological"; changing the Independent Juvenile Ombudsman to the Independent Juvenile Ombudsperson; deleting certain obsolete language; and making technical and other changes. Effective 60 days after becoming law.


LRB102 22864 WGH 32015 b

 

 

A BILL FOR

 

SB3961LRB102 22864 WGH 32015 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Sections 4b, 5, 5c, 5d, 7, 7.3, 7.3a, 7.4, 7.8, 8,
68a, 8b, 9.3, 9.5, 17, 21, 35.5, 35.6, and 35.9 as follows:
 
7    (20 ILCS 505/4b)
8    Sec. 4b. Youth transitional housing programs.
9    (a) The Department may license youth transitional housing
10programs. For the purposes of this Section, "youth
11transitional housing program" means a program that provides
12shelter or housing and services to eligible homeless minors.
13Services provided by the youth transitional housing program
14may include a service assessment, individualized case
15management, and life skills training. The Department shall
16adopt rules governing the licensure of those programs.
17    (b) A homeless minor is eligible if:
18        (1) the homeless minor he or she is at least 16 years
19    of age but less than 18 years of age;
20        (2) the homeless minor lacks a regular, fixed, and
21    adequate place to live;
22        (3) the homeless minor is living apart from the
23    minor's his or her parent or guardian;

 

 

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1        (4) the homeless minor desires to participate in a
2    licensed youth transitional housing program;
3        (5) a licensed youth transitional housing program is
4    able to provide housing and services;
5        (6) the licensed youth transitional housing program
6    has determined the homeless minor is eligible for the
7    youth transitional housing program; and
8        (7) either the homeless minor's parent has consented
9    to the transitional housing program or the minor has
10    consented after:
11            (A) a comprehensive community based youth service
12        agency has provided crisis intervention services to
13        the homeless minor under Section 3-5 of the Juvenile
14        Court Act of 1987 and the agency was unable to achieve
15        either family reunification or an alternate living
16        arrangement;
17            (B) the Department has not filed a petition
18        alleging that the homeless minor is abused or
19        neglected and the minor does not require placement in
20        a residential facility, as defined by 89 Ill. Adm.
21        Code 301.20;
22            (C) the youth transitional housing program or
23        comprehensive community based youth services agency
24        has made reasonable efforts and documented its
25        attempts to notify the homeless minor's parent or
26        guardian of the homeless minor's intent to enter the

 

 

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1        youth transitional housing program.
2    (d) If an eligible homeless minor voluntarily leaves or is
3dismissed from a youth transitional housing program prior to
4reaching the age of majority, the youth transitional housing
5program agency shall contact the comprehensive community based
6youth services agency that provided crisis intervention
7services to the eligible homeless minor under subdivision
8(b)(7)(A) of this Section to assist in finding an alternative
9placement for the minor. If the eligible homeless minor leaves
10the program before beginning services with the comprehensive
11community based youth service provider, then the youth
12transitional housing program shall notify the local law
13enforcement authorities and make reasonable efforts to notify
14the minor's parent or guardian that the minor has left the
15program.
16    (e) Nothing in this Section shall be construed to require
17an eligible homeless minor to acquire the consent of a parent,
18guardian, or custodian to consent to a youth transitional
19housing program. An eligible homeless minor is deemed to have
20the legal capacity to consent to receiving housing and
21services from a licensed youth transitional housing program.
22    (f) The purpose of this Section is to provide a means by
23which an eligible homeless minor may have the authority to
24consent, independent of the homeless minor's his or her
25parents or guardian, to receive housing and services as
26described in subsection (a) of this Section provided by a

 

 

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1licensed youth transitional housing program that has the
2ability to serve the homeless minor. This Section is not
3intended to interfere with the integrity of the family or the
4rights of parents and their children. This Section does not
5limit or exclude any means by which a minor may become
6emancipated.
7(Source: P.A. 100-162, eff. 1-1-18.)
 
8    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
9    Sec. 5. Direct child welfare services; Department of
10Children and Family Services. To provide direct child welfare
11services when not available through other public or private
12child care or program facilities.
13    (a) For purposes of this Section:
14        (1) "Children" means persons found within the State
15    who are under the age of 18 years. The term also includes
16    persons under age 21 who:
17            (A) were committed to the Department pursuant to
18        the Juvenile Court Act or the Juvenile Court Act of
19        1987 and who continue under the jurisdiction of the
20        court; or
21            (B) were accepted for care, service and training
22        by the Department prior to the age of 18 and whose best
23        interest in the discretion of the Department would be
24        served by continuing that care, service and training
25        because of severe emotional disturbances, physical

 

 

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1        disability, social adjustment or any combination
2        thereof, or because of the need to complete an
3        educational or vocational training program.
4        (2) "Homeless youth" means persons found within the
5    State who are under the age of 19, are not in a safe and
6    stable living situation and cannot be reunited with their
7    families.
8        (3) "Child welfare services" means public social
9    services which are directed toward the accomplishment of
10    the following purposes:
11            (A) protecting and promoting the health, safety
12        and welfare of children, including homeless,
13        dependent, or neglected children;
14            (B) remedying, or assisting in the solution of
15        problems which may result in, the neglect, abuse,
16        exploitation, or delinquency of children;
17            (C) preventing the unnecessary separation of
18        children from their families by identifying family
19        problems, assisting families in resolving their
20        problems, and preventing the breakup of the family
21        where the prevention of child removal is desirable and
22        possible when the child can be cared for at home
23        without endangering the child's health and safety;
24            (D) restoring to their families children who have
25        been removed, by the provision of services to the
26        child and the families when the child can be cared for

 

 

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1        at home without endangering the child's health and
2        safety;
3            (E) placing children in suitable adoptive homes,
4        in cases where restoration to the birth biological
5        family is not safe, possible, or appropriate;
6            (F) assuring safe and adequate care of children
7        away from their homes, in cases where the child cannot
8        be returned home or cannot be placed for adoption. At
9        the time of placement, the Department shall consider
10        concurrent planning, as described in subsection (l-1)
11        of this Section so that permanency may occur at the
12        earliest opportunity. Consideration should be given so
13        that if reunification fails or is delayed, the
14        placement made is the best available placement to
15        provide permanency for the child;
16            (G) (blank);
17            (H) (blank); and
18            (I) placing and maintaining children in facilities
19        that provide separate living quarters for children
20        under the age of 18 and for children 18 years of age
21        and older, unless a child 18 years of age is in the
22        last year of high school education or vocational
23        training, in an approved individual or group treatment
24        program, in a licensed shelter facility, or secure
25        child care facility. The Department is not required to
26        place or maintain children:

 

 

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1                (i) who are in a foster home, or
2                (ii) who are persons with a developmental
3            disability, as defined in the Mental Health and
4            Developmental Disabilities Code, or
5                (iii) who are female children who are
6            pregnant, pregnant and parenting, or parenting, or
7                (iv) who are siblings, in facilities that
8            provide separate living quarters for children 18
9            years of age and older and for children under 18
10            years of age.
11    (b) (Blank).
12    (c) The Department shall establish and maintain
13tax-supported child welfare services and extend and seek to
14improve voluntary services throughout the State, to the end
15that services and care shall be available on an equal basis
16throughout the State to children requiring such services.
17    (d) The Director may authorize advance disbursements for
18any new program initiative to any agency contracting with the
19Department. As a prerequisite for an advance disbursement, the
20contractor must post a surety bond in the amount of the advance
21disbursement and have a purchase of service contract approved
22by the Department. The Department may pay up to 2 months
23operational expenses in advance. The amount of the advance
24disbursement shall be prorated over the life of the contract
25or the remaining months of the fiscal year, whichever is less,
26and the installment amount shall then be deducted from future

 

 

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1bills. Advance disbursement authorizations for new initiatives
2shall not be made to any agency after that agency has operated
3during 2 consecutive fiscal years. The requirements of this
4Section concerning advance disbursements shall not apply with
5respect to the following: payments to local public agencies
6for child day care services as authorized by Section 5a of this
7Act; and youth service programs receiving grant funds under
8Section 17a-4.
9    (e) (Blank).
10    (f) (Blank).
11    (g) The Department shall establish rules and regulations
12concerning its operation of programs designed to meet the
13goals of child safety and protection, family preservation,
14family reunification, and adoption, including, but not limited
15to:
16        (1) adoption;
17        (2) foster care;
18        (3) family counseling;
19        (4) protective services;
20        (5) (blank);
21        (6) homemaker service;
22        (7) return of runaway children;
23        (8) (blank);
24        (9) placement under Section 5-7 of the Juvenile Court
25    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
26    Court Act of 1987 in accordance with the federal Adoption

 

 

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1    Assistance and Child Welfare Act of 1980; and
2        (10) interstate services.
3    Rules and regulations established by the Department shall
4include provisions for training Department staff and the staff
5of Department grantees, through contracts with other agencies
6or resources, in screening techniques to identify substance
7use disorders, as defined in the Substance Use Disorder Act,
8approved by the Department of Human Services, as a successor
9to the Department of Alcoholism and Substance Abuse, for the
10purpose of identifying children and adults who should be
11referred for an assessment at an organization appropriately
12licensed by the Department of Human Services for substance use
13disorder treatment.
14    (h) If the Department finds that there is no appropriate
15program or facility within or available to the Department for
16a youth in care and that no licensed private facility has an
17adequate and appropriate program or none agrees to accept the
18youth in care, the Department shall create an appropriate
19individualized, program-oriented plan for such youth in care.
20The plan may be developed within the Department or through
21purchase of services by the Department to the extent that it is
22within its statutory authority to do.
23    (i) Service programs shall be available throughout the
24State and shall include but not be limited to the following
25services:
26        (1) case management;

 

 

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1        (2) homemakers;
2        (3) counseling;
3        (4) parent education;
4        (5) day care; and
5        (6) emergency assistance and advocacy.
6    In addition, the following services may be made available
7to assess and meet the needs of children and families:
8        (1) comprehensive family-based services;
9        (2) assessments;
10        (3) respite care; and
11        (4) in-home health services.
12    The Department shall provide transportation for any of the
13services it makes available to children or families or for
14which it refers children or families.
15    (j) The Department may provide categories of financial
16assistance and education assistance grants, and shall
17establish rules and regulations concerning the assistance and
18grants, to persons who adopt children with physical or mental
19disabilities, children who are older, or other hard-to-place
20children who (i) immediately prior to their adoption were
21youth in care or (ii) were determined eligible for financial
22assistance with respect to a prior adoption and who become
23available for adoption because the prior adoption has been
24dissolved and the parental rights of the adoptive parents have
25been terminated or because the child's adoptive parents have
26died. The Department may continue to provide financial

 

 

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1assistance and education assistance grants for a child who was
2determined eligible for financial assistance under this
3subsection (j) in the interim period beginning when the
4child's adoptive parents died and ending with the finalization
5of the new adoption of the child by another adoptive parent or
6parents. The Department may also provide categories of
7financial assistance and education assistance grants, and
8shall establish rules and regulations for the assistance and
9grants, to persons appointed guardian of the person under
10Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
114-25, or 5-740 of the Juvenile Court Act of 1987 for children
12who were youth in care for 12 months immediately prior to the
13appointment of the guardian.
14    The amount of assistance may vary, depending upon the
15needs of the child and the adoptive parents, as set forth in
16the annual assistance agreement. Special purpose grants are
17allowed where the child requires special service but such
18costs may not exceed the amounts which similar services would
19cost the Department if it were to provide or secure them as
20guardian of the child.
21    Any financial assistance provided under this subsection is
22inalienable by assignment, sale, execution, attachment,
23garnishment, or any other remedy for recovery or collection of
24a judgment or debt.
25    (j-5) The Department shall not deny or delay the placement
26of a child for adoption if an approved family is available

 

 

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1either outside of the Department region handling the case, or
2outside of the State of Illinois.
3    (k) The Department shall accept for care and training any
4child who has been adjudicated neglected or abused, or
5dependent committed to it pursuant to the Juvenile Court Act
6or the Juvenile Court Act of 1987.
7    (l) The Department shall offer family preservation
8services, as defined in Section 8.2 of the Abused and
9Neglected Child Reporting Act, to help families, including
10adoptive and extended families. Family preservation services
11shall be offered (i) to prevent the placement of children in
12substitute care when the children can be cared for at home or
13in the custody of the person responsible for the children's
14welfare, (ii) to reunite children with their families, or
15(iii) to maintain an adoptive placement. Family preservation
16services shall only be offered when doing so will not endanger
17the children's health or safety. With respect to children who
18are in substitute care pursuant to the Juvenile Court Act of
191987, family preservation services shall not be offered if a
20goal other than those of subdivisions (A), (B), or (B-1) of
21subsection (2) of Section 2-28 of that Act has been set, except
22that reunification services may be offered as provided in
23paragraph (F) of subsection (2) of Section 2-28 of that Act.
24Nothing in this paragraph shall be construed to create a
25private right of action or claim on the part of any individual
26or child welfare agency, except that when a child is the

 

 

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1subject of an action under Article II of the Juvenile Court Act
2of 1987 and the child's service plan calls for services to
3facilitate achievement of the permanency goal, the court
4hearing the action under Article II of the Juvenile Court Act
5of 1987 may order the Department to provide the services set
6out in the plan, if those services are not provided with
7reasonable promptness and if those services are available.
8    The Department shall notify the child and the child's his
9family of the Department's responsibility to offer and provide
10family preservation services as identified in the service
11plan. The child and the child's his family shall be eligible
12for services as soon as the report is determined to be
13"indicated". The Department may offer services to any child or
14family with respect to whom a report of suspected child abuse
15or neglect has been filed, prior to concluding its
16investigation under Section 7.12 of the Abused and Neglected
17Child Reporting Act. However, the child's or family's
18willingness to accept services shall not be considered in the
19investigation. The Department may also provide services to any
20child or family who is the subject of any report of suspected
21child abuse or neglect or may refer such child or family to
22services available from other agencies in the community, even
23if the report is determined to be unfounded, if the conditions
24in the child's or family's home are reasonably likely to
25subject the child or family to future reports of suspected
26child abuse or neglect. Acceptance of such services shall be

 

 

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1voluntary. The Department may also provide services to any
2child or family after completion of a family assessment, as an
3alternative to an investigation, as provided under the
4"differential response program" provided for in subsection
5(a-5) of Section 7.4 of the Abused and Neglected Child
6Reporting Act.
7    The Department may, at its discretion except for those
8children also adjudicated neglected or dependent, accept for
9care and training any child who has been adjudicated addicted,
10as a truant minor in need of supervision or as a minor
11requiring authoritative intervention, under the Juvenile Court
12Act or the Juvenile Court Act of 1987, but no such child shall
13be committed to the Department by any court without the
14approval of the Department. On and after January 1, 2015 (the
15effective date of Public Act 98-803) and before January 1,
162017, a minor charged with a criminal offense under the
17Criminal Code of 1961 or the Criminal Code of 2012 or
18adjudicated delinquent shall not be placed in the custody of
19or committed to the Department by any court, except (i) a minor
20less than 16 years of age committed to the Department under
21Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
22for whom an independent basis of abuse, neglect, or dependency
23exists, which must be defined by departmental rule, or (iii) a
24minor for whom the court has granted a supplemental petition
25to reinstate wardship pursuant to subsection (2) of Section
262-33 of the Juvenile Court Act of 1987. On and after January 1,

 

 

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12017, a minor charged with a criminal offense under the
2Criminal Code of 1961 or the Criminal Code of 2012 or
3adjudicated delinquent shall not be placed in the custody of
4or committed to the Department by any court, except (i) a minor
5less than 15 years of age committed to the Department under
6Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
7for whom an independent basis of abuse, neglect, or dependency
8exists, which must be defined by departmental rule, or (iii) a
9minor for whom the court has granted a supplemental petition
10to reinstate wardship pursuant to subsection (2) of Section
112-33 of the Juvenile Court Act of 1987. An independent basis
12exists when the allegations or adjudication of abuse, neglect,
13or dependency do not arise from the same facts, incident, or
14circumstances which give rise to a charge or adjudication of
15delinquency. The Department shall assign a caseworker to
16attend any hearing involving a youth in the care and custody of
17the Department who is placed on aftercare release, including
18hearings involving sanctions for violation of aftercare
19release conditions and aftercare release revocation hearings.
20    As soon as is possible after August 7, 2009 (the effective
21date of Public Act 96-134), the Department shall develop and
22implement a special program of family preservation services to
23support intact, foster, and adoptive families who are
24experiencing extreme hardships due to the difficulty and
25stress of caring for a child who has been diagnosed with a
26pervasive developmental disorder if the Department determines

 

 

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1that those services are necessary to ensure the health and
2safety of the child. The Department may offer services to any
3family whether or not a report has been filed under the Abused
4and Neglected Child Reporting Act. The Department may refer
5the child or family to services available from other agencies
6in the community if the conditions in the child's or family's
7home are reasonably likely to subject the child or family to
8future reports of suspected child abuse or neglect. Acceptance
9of these services shall be voluntary. The Department shall
10develop and implement a public information campaign to alert
11health and social service providers and the general public
12about these special family preservation services. The nature
13and scope of the services offered and the number of families
14served under the special program implemented under this
15paragraph shall be determined by the level of funding that the
16Department annually allocates for this purpose. The term
17"pervasive developmental disorder" under this paragraph means
18a neurological condition, including, but not limited to,
19Asperger's Syndrome and autism, as defined in the most recent
20edition of the Diagnostic and Statistical Manual of Mental
21Disorders of the American Psychiatric Association.
22    (l-1) The legislature recognizes that the best interests
23of the child require that the child be placed in the most
24permanent living arrangement as soon as is practically
25possible. To achieve this goal, the legislature directs the
26Department of Children and Family Services to conduct

 

 

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1concurrent planning so that permanency may occur at the
2earliest opportunity. Permanent living arrangements may
3include prevention of placement of a child outside the home of
4the family when the child can be cared for at home without
5endangering the child's health or safety; reunification with
6the family, when safe and appropriate, if temporary placement
7is necessary; or movement of the child toward the most
8permanent living arrangement and permanent legal status.
9    When determining reasonable efforts to be made with
10respect to a child, as described in this subsection, and in
11making such reasonable efforts, the child's health and safety
12shall be the paramount concern.
13    When a child is placed in foster care, the Department
14shall ensure and document that reasonable efforts were made to
15prevent or eliminate the need to remove the child from the
16child's home. The Department must make reasonable efforts to
17reunify the family when temporary placement of the child
18occurs unless otherwise required, pursuant to the Juvenile
19Court Act of 1987. At any time after the dispositional hearing
20where the Department believes that further reunification
21services would be ineffective, it may request a finding from
22the court that reasonable efforts are no longer appropriate.
23The Department is not required to provide further
24reunification services after such a finding.
25    A decision to place a child in substitute care shall be
26made with considerations of the child's health, safety, and

 

 

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1best interests. At the time of placement, consideration should
2also be given so that if reunification fails or is delayed, the
3placement made is the best available placement to provide
4permanency for the child.
5    The Department shall adopt rules addressing concurrent
6planning for reunification and permanency. The Department
7shall consider the following factors when determining
8appropriateness of concurrent planning:
9        (1) the likelihood of prompt reunification;
10        (2) the past history of the family;
11        (3) the barriers to reunification being addressed by
12    the family;
13        (4) the level of cooperation of the family;
14        (5) the foster parents' willingness to work with the
15    family to reunite;
16        (6) the willingness and ability of the foster family
17    to provide an adoptive home or long-term placement;
18        (7) the age of the child;
19        (8) placement of siblings.
20    (m) The Department may assume temporary custody of any
21child if:
22        (1) it has received a written consent to such
23    temporary custody signed by the parents of the child or by
24    the parent having custody of the child if the parents are
25    not living together or by the guardian or custodian of the
26    child if the child is not in the custody of either parent,

 

 

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1    or
2        (2) the child is found in the State and neither a
3    parent, guardian nor custodian of the child can be
4    located.
5If the child is found in the child's his or her residence
6without a parent, guardian, custodian, or responsible
7caretaker, the Department may, instead of removing the child
8and assuming temporary custody, place an authorized
9representative of the Department in that residence until such
10time as a parent, guardian, or custodian enters the home and
11expresses a willingness and apparent ability to ensure the
12child's health and safety and resume permanent charge of the
13child, or until a relative enters the home and is willing and
14able to ensure the child's health and safety and assume charge
15of the child until a parent, guardian, or custodian enters the
16home and expresses such willingness and ability to ensure the
17child's safety and resume permanent charge. After a caretaker
18has remained in the home for a period not to exceed 12 hours,
19the Department must follow those procedures outlined in
20Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of
211987.
22    The Department shall have the authority, responsibilities
23and duties that a legal custodian of the child would have
24pursuant to subsection (9) of Section 1-3 of the Juvenile
25Court Act of 1987. Whenever a child is taken into temporary
26custody pursuant to an investigation under the Abused and

 

 

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1Neglected Child Reporting Act, or pursuant to a referral and
2acceptance under the Juvenile Court Act of 1987 of a minor in
3limited custody, the Department, during the period of
4temporary custody and before the child is brought before a
5judicial officer as required by Section 2-9, 3-11, 4-8, or
65-415 of the Juvenile Court Act of 1987, shall have the
7authority, responsibilities and duties that a legal custodian
8of the child would have under subsection (9) of Section 1-3 of
9the Juvenile Court Act of 1987.
10    The Department shall ensure that any child taken into
11custody is scheduled for an appointment for a medical
12examination.
13    A parent, guardian, or custodian of a child in the
14temporary custody of the Department who would have custody of
15the child if the child he were not in the temporary custody of
16the Department may deliver to the Department a signed request
17that the Department surrender the temporary custody of the
18child. The Department may retain temporary custody of the
19child for 10 days after the receipt of the request, during
20which period the Department may cause to be filed a petition
21pursuant to the Juvenile Court Act of 1987. If a petition is so
22filed, the Department shall retain temporary custody of the
23child until the court orders otherwise. If a petition is not
24filed within the 10-day period, the child shall be surrendered
25to the custody of the requesting parent, guardian, or
26custodian not later than the expiration of the 10-day period,

 

 

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1at which time the authority and duties of the Department with
2respect to the temporary custody of the child shall terminate.
3    (m-1) The Department may place children under 18 years of
4age in a secure child care facility licensed by the Department
5that cares for children who are in need of secure living
6arrangements for their health, safety, and well-being after a
7determination is made by the facility director and the
8Director or the Director's designate prior to admission to the
9facility subject to Section 2-27.1 of the Juvenile Court Act
10of 1987. This subsection (m-1) does not apply to a child who is
11subject to placement in a correctional facility operated
12pursuant to Section 3-15-2 of the Unified Code of Corrections,
13unless the child is a youth in care who was placed in the care
14of the Department before being subject to placement in a
15correctional facility and a court of competent jurisdiction
16has ordered placement of the child in a secure care facility.
17    (n) The Department may place children under 18 years of
18age in licensed child care facilities when in the opinion of
19the Department, appropriate services aimed at family
20preservation have been unsuccessful and cannot ensure the
21child's health and safety or are unavailable and such
22placement would be for their best interest. Payment for board,
23clothing, care, training and supervision of any child placed
24in a licensed child care facility may be made by the
25Department, by the parents or guardians of the estates of
26those children, or by both the Department and the parents or

 

 

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1guardians, except that no payments shall be made by the
2Department for any child placed in a licensed child care
3facility for board, clothing, care, training and supervision
4of such a child that exceed the average per capita cost of
5maintaining and of caring for a child in institutions for
6dependent or neglected children operated by the Department.
7However, such restriction on payments does not apply in cases
8where children require specialized care and treatment for
9problems of severe emotional disturbance, physical disability,
10social adjustment, or any combination thereof and suitable
11facilities for the placement of such children are not
12available at payment rates within the limitations set forth in
13this Section. All reimbursements for services delivered shall
14be absolutely inalienable by assignment, sale, attachment, or
15garnishment or otherwise.
16    (n-1) The Department shall provide or authorize child
17welfare services, aimed at assisting minors to achieve
18sustainable self-sufficiency as independent adults, for any
19minor eligible for the reinstatement of wardship pursuant to
20subsection (2) of Section 2-33 of the Juvenile Court Act of
211987, whether or not such reinstatement is sought or allowed,
22provided that the minor consents to such services and has not
23yet attained the age of 21. The Department shall have
24responsibility for the development and delivery of services
25under this Section. An eligible youth may access services
26under this Section through the Department of Children and

 

 

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1Family Services or by referral from the Department of Human
2Services. Youth participating in services under this Section
3shall cooperate with the assigned case manager in developing
4an agreement identifying the services to be provided and how
5the youth will increase skills to achieve self-sufficiency. A
6homeless shelter is not considered appropriate housing for any
7youth receiving child welfare services under this Section. The
8Department shall continue child welfare services under this
9Section to any eligible minor until the minor becomes 21 years
10of age, no longer consents to participate, or achieves
11self-sufficiency as identified in the minor's service plan.
12The Department of Children and Family Services shall create
13clear, readable notice of the rights of former foster youth to
14child welfare services under this Section and how such
15services may be obtained. The Department of Children and
16Family Services and the Department of Human Services shall
17disseminate this information statewide. The Department shall
18adopt regulations describing services intended to assist
19minors in achieving sustainable self-sufficiency as
20independent adults.
21    (o) The Department shall establish an administrative
22review and appeal process for children and families who
23request or receive child welfare services from the Department.
24Youth in care who are placed by private child welfare
25agencies, and foster families with whom those youth are
26placed, shall be afforded the same procedural and appeal

 

 

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1rights as children and families in the case of placement by the
2Department, including the right to an initial review of a
3private agency decision by that agency. The Department shall
4ensure that any private child welfare agency, which accepts
5youth in care for placement, affords those rights to children
6and foster families. The Department shall accept for
7administrative review and an appeal hearing a complaint made
8by (i) a child or foster family concerning a decision
9following an initial review by a private child welfare agency
10or (ii) a prospective adoptive parent who alleges a violation
11of subsection (j-5) of this Section. An appeal of a decision
12concerning a change in the placement of a child shall be
13conducted in an expedited manner. A court determination that a
14current foster home placement is necessary and appropriate
15under Section 2-28 of the Juvenile Court Act of 1987 does not
16constitute a judicial determination on the merits of an
17administrative appeal, filed by a former foster parent,
18involving a change of placement decision.
19    (p) (Blank).
20    (q) The Department may receive and use, in their entirety,
21for the benefit of children any gift, donation, or bequest of
22money or other property which is received on behalf of such
23children, or any financial benefits to which such children are
24or may become entitled while under the jurisdiction or care of
25the Department.
26    The Department shall set up and administer no-cost,

 

 

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1interest-bearing accounts in appropriate financial
2institutions for children for whom the Department is legally
3responsible and who have been determined eligible for
4Veterans' Benefits, Social Security benefits, assistance
5allotments from the armed forces, court ordered payments,
6parental voluntary payments, Supplemental Security Income,
7Railroad Retirement payments, Black Lung benefits, or other
8miscellaneous payments. Interest earned by each account shall
9be credited to the account, unless disbursed in accordance
10with this subsection.
11    In disbursing funds from children's accounts, the
12Department shall:
13        (1) Establish standards in accordance with State and
14    federal laws for disbursing money from children's
15    accounts. In all circumstances, the Department's
16    "Guardianship Administrator" or Guardianship
17    Administrator's his or her designee must approve
18    disbursements from children's accounts. The Department
19    shall be responsible for keeping complete records of all
20    disbursements for each account for any purpose.
21        (2) Calculate on a monthly basis the amounts paid from
22    State funds for the child's board and care, medical care
23    not covered under Medicaid, and social services; and
24    utilize funds from the child's account, as covered by
25    regulation, to reimburse those costs. Monthly,
26    disbursements from all children's accounts, up to 1/12 of

 

 

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1    $13,000,000, shall be deposited by the Department into the
2    General Revenue Fund and the balance over 1/12 of
3    $13,000,000 into the DCFS Children's Services Fund.
4        (3) Maintain any balance remaining after reimbursing
5    for the child's costs of care, as specified in item (2).
6    The balance shall accumulate in accordance with relevant
7    State and federal laws and shall be disbursed to the child
8    or the child's his or her guardian, or to the issuing
9    agency.
10    (r) The Department shall promulgate regulations
11encouraging all adoption agencies to voluntarily forward to
12the Department or its agent names and addresses of all persons
13who have applied for and have been approved for adoption of a
14hard-to-place child or child with a disability and the names
15of such children who have not been placed for adoption. A list
16of such names and addresses shall be maintained by the
17Department or its agent, and coded lists which maintain the
18confidentiality of the person seeking to adopt the child and
19of the child shall be made available, without charge, to every
20adoption agency in the State to assist the agencies in placing
21such children for adoption. The Department may delegate to an
22agent its duty to maintain and make available such lists. The
23Department shall ensure that such agent maintains the
24confidentiality of the person seeking to adopt the child and
25of the child.
26    (s) The Department of Children and Family Services may

 

 

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1establish and implement a program to reimburse Department and
2private child welfare agency foster parents licensed by the
3Department of Children and Family Services for damages
4sustained by the foster parents as a result of the malicious or
5negligent acts of foster children, as well as providing third
6party coverage for such foster parents with regard to actions
7of foster children to other individuals. Such coverage will be
8secondary to the foster parent liability insurance policy, if
9applicable. The program shall be funded through appropriations
10from the General Revenue Fund, specifically designated for
11such purposes.
12    (t) The Department shall perform home studies and
13investigations and shall exercise supervision over visitation
14as ordered by a court pursuant to the Illinois Marriage and
15Dissolution of Marriage Act or the Adoption Act only if:
16        (1) an order entered by an Illinois court specifically
17    directs the Department to perform such services; and
18        (2) the court has ordered one or both of the parties to
19    the proceeding to reimburse the Department for its
20    reasonable costs for providing such services in accordance
21    with Department rules, or has determined that neither
22    party is financially able to pay.
23    The Department shall provide written notification to the
24court of the specific arrangements for supervised visitation
25and projected monthly costs within 60 days of the court order.
26The Department shall send to the court information related to

 

 

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1the costs incurred except in cases where the court has
2determined the parties are financially unable to pay. The
3court may order additional periodic reports as appropriate.
4    (u) In addition to other information that must be
5provided, whenever the Department places a child with a
6prospective adoptive parent or parents, in a licensed foster
7home, group home, or child care institution, or in a relative
8home, the Department shall provide to the prospective adoptive
9parent or parents or other caretaker:
10        (1) available detailed information concerning the
11    child's educational and health history, copies of
12    immunization records (including insurance and medical card
13    information), a history of the child's previous
14    placements, if any, and reasons for placement changes
15    excluding any information that identifies or reveals the
16    location of any previous caretaker;
17        (2) a copy of the child's portion of the client
18    service plan, including any visitation arrangement, and
19    all amendments or revisions to it as related to the child;
20    and
21        (3) information containing details of the child's
22    individualized educational plan when the child is
23    receiving special education services.
24    The caretaker shall be informed of any known social or
25behavioral information (including, but not limited to,
26criminal background, fire setting, perpetuation of sexual

 

 

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1abuse, destructive behavior, and substance abuse) necessary to
2care for and safeguard the children to be placed or currently
3in the home. The Department may prepare a written summary of
4the information required by this paragraph, which may be
5provided to the foster or prospective adoptive parent in
6advance of a placement. The foster or prospective adoptive
7parent may review the supporting documents in the child's file
8in the presence of casework staff. In the case of an emergency
9placement, casework staff shall at least provide known
10information verbally, if necessary, and must subsequently
11provide the information in writing as required by this
12subsection.
13    The information described in this subsection shall be
14provided in writing. In the case of emergency placements when
15time does not allow prior review, preparation, and collection
16of written information, the Department shall provide such
17information as it becomes available. Within 10 business days
18after placement, the Department shall obtain from the
19prospective adoptive parent or parents or other caretaker a
20signed verification of receipt of the information provided.
21Within 10 business days after placement, the Department shall
22provide to the child's guardian ad litem a copy of the
23information provided to the prospective adoptive parent or
24parents or other caretaker. The information provided to the
25prospective adoptive parent or parents or other caretaker
26shall be reviewed and approved regarding accuracy at the

 

 

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1supervisory level.
2    (u-5) Effective July 1, 1995, only foster care placements
3licensed as foster family homes pursuant to the Child Care Act
4of 1969 shall be eligible to receive foster care payments from
5the Department. Relative caregivers who, as of July 1, 1995,
6were approved pursuant to approved relative placement rules
7previously promulgated by the Department at 89 Ill. Adm. Code
8335 and had submitted an application for licensure as a foster
9family home may continue to receive foster care payments only
10until the Department determines that they may be licensed as a
11foster family home or that their application for licensure is
12denied or until September 30, 1995, whichever occurs first.
13    (v) The Department shall access criminal history record
14information as defined in the Illinois Uniform Conviction
15Information Act and information maintained in the adjudicatory
16and dispositional record system as defined in Section 2605-355
17of the Illinois State Police Law if the Department determines
18the information is necessary to perform its duties under the
19Abused and Neglected Child Reporting Act, the Child Care Act
20of 1969, and the Children and Family Services Act. The
21Department shall provide for interactive computerized
22communication and processing equipment that permits direct
23on-line communication with the Illinois State Police's central
24criminal history data repository. The Department shall comply
25with all certification requirements and provide certified
26operators who have been trained by personnel from the Illinois

 

 

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1State Police. In addition, one Office of the Inspector General
2investigator shall have training in the use of the criminal
3history information access system and have access to the
4terminal. The Department of Children and Family Services and
5its employees shall abide by rules and regulations established
6by the Illinois State Police relating to the access and
7dissemination of this information.
8    (v-1) Prior to final approval for placement of a child,
9the Department shall conduct a criminal records background
10check of the prospective foster or adoptive parent, including
11fingerprint-based checks of national crime information
12databases. Final approval for placement shall not be granted
13if the record check reveals a felony conviction for child
14abuse or neglect, for spousal abuse, for a crime against
15children, or for a crime involving violence, including rape,
16sexual assault, or homicide, but not including other physical
17assault or battery, or if there is a felony conviction for
18physical assault, battery, or a drug-related offense committed
19within the past 5 years.
20    (v-2) Prior to final approval for placement of a child,
21the Department shall check its child abuse and neglect
22registry for information concerning prospective foster and
23adoptive parents, and any adult living in the home. If any
24prospective foster or adoptive parent or other adult living in
25the home has resided in another state in the preceding 5 years,
26the Department shall request a check of that other state's

 

 

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1child abuse and neglect registry.
2    (w) Within 120 days of August 20, 1995 (the effective date
3of Public Act 89-392), the Department shall prepare and submit
4to the Governor and the General Assembly, a written plan for
5the development of in-state licensed secure child care
6facilities that care for children who are in need of secure
7living arrangements for their health, safety, and well-being.
8For purposes of this subsection, secure care facility shall
9mean a facility that is designed and operated to ensure that
10all entrances and exits from the facility, a building or a
11distinct part of the building, are under the exclusive control
12of the staff of the facility, whether or not the child has the
13freedom of movement within the perimeter of the facility,
14building, or distinct part of the building. The plan shall
15include descriptions of the types of facilities that are
16needed in Illinois; the cost of developing these secure care
17facilities; the estimated number of placements; the potential
18cost savings resulting from the movement of children currently
19out-of-state who are projected to be returned to Illinois; the
20necessary geographic distribution of these facilities in
21Illinois; and a proposed timetable for development of such
22facilities.
23    (x) The Department shall conduct annual credit history
24checks to determine the financial history of children placed
25under its guardianship pursuant to the Juvenile Court Act of
261987. The Department shall conduct such credit checks starting

 

 

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1when a youth in care turns 12 years old and each year
2thereafter for the duration of the guardianship as terminated
3pursuant to the Juvenile Court Act of 1987. The Department
4shall determine if financial exploitation of the child's
5personal information has occurred. If financial exploitation
6appears to have taken place or is presently ongoing, the
7Department shall notify the proper law enforcement agency, the
8proper State's Attorney, or the Attorney General.
9    (y) Beginning on July 22, 2010 (the effective date of
10Public Act 96-1189), a child with a disability who receives
11residential and educational services from the Department shall
12be eligible to receive transition services in accordance with
13Article 14 of the School Code from the age of 14.5 through age
1421, inclusive, notwithstanding the child's residential
15services arrangement. For purposes of this subsection, "child
16with a disability" means a child with a disability as defined
17by the federal Individuals with Disabilities Education
18Improvement Act of 2004.
19    (z) The Department shall access criminal history record
20information as defined as "background information" in this
21subsection and criminal history record information as defined
22in the Illinois Uniform Conviction Information Act for each
23Department employee or Department applicant. Each Department
24employee or Department applicant shall submit the employee's
25or applicant's his or her fingerprints to the Illinois State
26Police in the form and manner prescribed by the Illinois State

 

 

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1Police. These fingerprints shall be checked against the
2fingerprint records now and hereafter filed in the Illinois
3State Police and the Federal Bureau of Investigation criminal
4history records databases. The Illinois State Police shall
5charge a fee for conducting the criminal history record check,
6which shall be deposited into the State Police Services Fund
7and shall not exceed the actual cost of the record check. The
8Illinois State Police shall furnish, pursuant to positive
9identification, all Illinois conviction information to the
10Department of Children and Family Services.
11    For purposes of this subsection:
12    "Background information" means all of the following:
13        (i) Upon the request of the Department of Children and
14    Family Services, conviction information obtained from the
15    Illinois State Police as a result of a fingerprint-based
16    criminal history records check of the Illinois criminal
17    history records database and the Federal Bureau of
18    Investigation criminal history records database concerning
19    a Department employee or Department applicant.
20        (ii) Information obtained by the Department of
21    Children and Family Services after performing a check of
22    the Illinois State Police's Sex Offender Database, as
23    authorized by Section 120 of the Sex Offender Community
24    Notification Law, concerning a Department employee or
25    Department applicant.
26        (iii) Information obtained by the Department of

 

 

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1    Children and Family Services after performing a check of
2    the Child Abuse and Neglect Tracking System (CANTS)
3    operated and maintained by the Department.
4    "Department employee" means a full-time or temporary
5employee coded or certified within the State of Illinois
6Personnel System.
7    "Department applicant" means an individual who has
8conditional Department full-time or part-time work, a
9contractor, an individual used to replace or supplement staff,
10an academic intern, a volunteer in Department offices or on
11Department contracts, a work-study student, an individual or
12entity licensed by the Department, or an unlicensed service
13provider who works as a condition of a contract or an agreement
14and whose work may bring the unlicensed service provider into
15contact with Department clients or client records.
16(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
17101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
188-20-21.)
 
19    (20 ILCS 505/5c)
20    Sec. 5c. Direct child welfare service employee license.
21    (a) By January 1, 2000, the Department, in consultation
22with private child welfare agencies, shall develop and
23implement a direct child welfare service employee license. By
24January 1, 2001 all child protective investigators and
25supervisors and child welfare specialists and supervisors

 

 

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1employed by the Department or its contractors shall be
2required to demonstrate sufficient knowledge and skills to
3obtain and maintain the license. The Direct Child Welfare
4Service Employee License Board of the Department shall have
5the authority to revoke or suspend the license of anyone who
6after a hearing is found to be guilty of misfeasance. The
7Department shall promulgate such rules as necessary to
8implement this Section.
9    (b) If a direct child welfare service employee licensee is
10expected to transport a child or children with a motor vehicle
11in the course of performing the direct child welfare service
12employee licensee's his or her duties, the Department must
13verify that the licensee meets the requirements set forth in
14Section 5.1 of the Child Care Act of 1969. The Department must
15make that verification as to each such licensee every 2 years.
16Upon the Department's request, the Secretary of State shall
17provide the Department with the information necessary to
18enable the Department to make the verifications required under
19this subsection. If the Department discovers that a direct
20child welfare service employee licensee has engaged in
21transporting a child or children with a motor vehicle without
22having a valid driver's license, the Department shall
23immediately revoke the individual's direct child welfare
24service employee license.
25    (c) On or before January 1, 2000, and every year
26thereafter, the Department shall submit an annual report to

 

 

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1the General Assembly on the implementation of this Section.
2(Source: P.A. 94-943, eff. 1-1-07.)
 
3    (20 ILCS 505/5d)
4    Sec. 5d. The Direct Child Welfare Service Employee License
5Board.
6    (a) For purposes of this Section:
7        (1) "Board" means the Direct Child Welfare Service
8    Employee License Board.
9        (2) "Director" means the Director of Children and
10    Family Services.
11    (b) The Direct Child Welfare Service Employee License
12Board is created within the Department of Children and Family
13Services and shall consist of 9 members appointed by the
14Director. The Director shall annually designate a chairperson
15and vice-chairperson of the Board. The membership of the Board
16must be composed as follows: (i) 5 licensed professionals from
17the field of human services with a human services, juris
18doctor, medical, public administration, or other relevant
19human services degree and who are in good standing within
20their profession, at least 2 of which must be employed in the
21private not-for-profit sector and at least one of which in the
22public sector; (ii) 2 faculty members of an accredited
23university who have child welfare experience and are in good
24standing within their profession and (iii) 2 members of the
25general public who are not licensed under this Act or a similar

 

 

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1rule and will represent consumer interests.
2    In making the first appointments, the Director shall
3appoint 3 members to serve for a term of one year, 3 members to
4serve for a term of 2 years, and 3 members to serve for a term
5of 3 years, or until their successors are appointed and
6qualified. Their successors shall be appointed to serve 3-year
7terms, or until their successors are appointed and qualified.
8Appointments to fill unexpired vacancies shall be made in the
9same manner as original appointments. No member may be
10reappointed if a reappointment would cause that member to
11serve on the Board for longer than 6 consecutive years. Board
12membership must have reasonable representation from different
13geographic areas of Illinois, and all members must be
14residents of this State.
15    The Director may terminate the appointment of any member
16for good cause, including but not limited to (i) unjustified
17absences from Board meetings or other failure to meet Board
18responsibilities, (ii) failure to recuse oneself himself or
19herself when required by subsection (c) of this Section or
20Department rule, or (iii) failure to maintain the professional
21position required by Department rule. No member of the Board
22may have a pending or indicated report of child abuse or
23neglect or a pending complaint or criminal conviction of any
24of the offenses set forth in paragraph (b) of Section 4.2 of
25the Child Care Act of 1969.
26    The members of the Board shall receive no compensation for

 

 

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1the performance of their duties as members, but each member
2shall be reimbursed for the member's his or her reasonable and
3necessary expenses incurred in attending the meetings of the
4Board.
5    (c) The Board shall make recommendations to the Director
6regarding licensure rules. Board members must recuse
7themselves from sitting on any matter involving an employee of
8a child welfare agency at which the Board member is an employee
9or contractual employee. The Board shall make a final
10determination concerning revocation, suspension, or
11reinstatement of an employee's direct child welfare service
12license after a hearing conducted under the Department's
13rules. Upon notification of the manner of the vote to all the
14members, votes on a final determination may be cast in person,
15by telephonic or electronic means, or by mail at the
16discretion of the chairperson. A simple majority of the
17members appointed and serving is required when Board members
18vote by mail or by telephonic or electronic means. A majority
19of the currently appointed and serving Board members
20constitutes a quorum. A majority of a quorum is required when a
21recommendation is voted on during a Board meeting. A vacancy
22in the membership of the Board shall not impair the right of a
23quorum to perform all the duties of the Board. Board members
24are not personally liable in any action based upon a
25disciplinary proceeding or otherwise for any action taken in
26good faith as a member of the Board.

 

 

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1    (d) The Director may assign Department employees to
2provide staffing services to the Board. The Department must
3promulgate any rules necessary to implement and administer the
4requirements of this Section.
5(Source: P.A. 102-45, eff. 1-1-22.)
 
6    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
7    Sec. 7. Placement of children; considerations.
8    (a) In placing any child under this Act, the Department
9shall place the child, as far as possible, in the care and
10custody of some individual holding the same religious belief
11as the parents of the child, or with some child care facility
12which is operated by persons of like religious faith as the
13parents of such child.
14    (a-5) In placing a child under this Act, the Department
15shall place the child with the child's sibling or siblings
16under Section 7.4 of this Act unless the placement is not in
17each child's best interest, or is otherwise not possible under
18the Department's rules. If the child is not placed with a
19sibling under the Department's rules, the Department shall
20consider placements that are likely to develop, preserve,
21nurture, and support sibling relationships, where doing so is
22in each child's best interest.
23    (b) In placing a child under this Act, the Department may
24place a child with a relative if the Department determines
25that the relative will be able to adequately provide for the

 

 

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1child's safety and welfare based on the factors set forth in
2the Department's rules governing relative placements, and that
3the placement is consistent with the child's best interests,
4taking into consideration the factors set out in subsection
5(4.05) of Section 1-3 of the Juvenile Court Act of 1987.
6    When the Department first assumes custody of a child, in
7placing that child under this Act, the Department shall make
8reasonable efforts to identify, locate, and provide notice to
9all adult grandparents and other adult relatives of the child
10who are ready, willing, and able to care for the child. At a
11minimum, these efforts shall be renewed each time the child
12requires a placement change and it is appropriate for the
13child to be cared for in a home environment. The Department
14must document its efforts to identify, locate, and provide
15notice to such potential relative placements and maintain the
16documentation in the child's case file.
17    If the Department determines that a placement with any
18identified relative is not in the child's best interests or
19that the relative does not meet the requirements to be a
20relative caregiver, as set forth in Department rules or by
21statute, the Department must document the basis for that
22decision and maintain the documentation in the child's case
23file.
24    If, pursuant to the Department's rules, any person files
25an administrative appeal of the Department's decision not to
26place a child with a relative, it is the Department's burden to

 

 

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1prove that the decision is consistent with the child's best
2interests.
3    When the Department determines that the child requires
4placement in an environment, other than a home environment,
5the Department shall continue to make reasonable efforts to
6identify and locate relatives to serve as visitation resources
7for the child and potential future placement resources, except
8when the Department determines that those efforts would be
9futile or inconsistent with the child's best interests.
10    If the Department determines that efforts to identify and
11locate relatives would be futile or inconsistent with the
12child's best interests, the Department shall document the
13basis of its determination and maintain the documentation in
14the child's case file.
15    If the Department determines that an individual or a group
16of relatives are inappropriate to serve as visitation
17resources or possible placement resources, the Department
18shall document the basis of its determination and maintain the
19documentation in the child's case file.
20    When the Department determines that an individual or a
21group of relatives are appropriate to serve as visitation
22resources or possible future placement resources, the
23Department shall document the basis of its determination,
24maintain the documentation in the child's case file, create a
25visitation or transition plan, or both, and incorporate the
26visitation or transition plan, or both, into the child's case

 

 

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1plan. For the purpose of this subsection, any determination as
2to the child's best interests shall include consideration of
3the factors set out in subsection (4.05) of Section 1-3 of the
4Juvenile Court Act of 1987.
5    The Department may not place a child with a relative, with
6the exception of certain circumstances which may be waived as
7defined by the Department in rules, if the results of a check
8of the Law Enforcement Agencies Data System (LEADS) identifies
9a prior criminal conviction of the relative or any adult
10member of the relative's household for any of the following
11offenses under the Criminal Code of 1961 or the Criminal Code
12of 2012:
13        (1) murder;
14        (1.1) solicitation of murder;
15        (1.2) solicitation of murder for hire;
16        (1.3) intentional homicide of an unborn child;
17        (1.4) voluntary manslaughter of an unborn child;
18        (1.5) involuntary manslaughter;
19        (1.6) reckless homicide;
20        (1.7) concealment of a homicidal death;
21        (1.8) involuntary manslaughter of an unborn child;
22        (1.9) reckless homicide of an unborn child;
23        (1.10) drug-induced homicide;
24        (2) a sex offense under Article 11, except offenses
25    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
26    11-40, and 11-45;

 

 

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1        (3) kidnapping;
2        (3.1) aggravated unlawful restraint;
3        (3.2) forcible detention;
4        (3.3) aiding and abetting child abduction;
5        (4) aggravated kidnapping;
6        (5) child abduction;
7        (6) aggravated battery of a child as described in
8    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
9        (7) criminal sexual assault;
10        (8) aggravated criminal sexual assault;
11        (8.1) predatory criminal sexual assault of a child;
12        (9) criminal sexual abuse;
13        (10) aggravated sexual abuse;
14        (11) heinous battery as described in Section 12-4.1 or
15    subdivision (a)(2) of Section 12-3.05;
16        (12) aggravated battery with a firearm as described in
17    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
18    (e)(4) of Section 12-3.05;
19        (13) tampering with food, drugs, or cosmetics;
20        (14) drug-induced infliction of great bodily harm as
21    described in Section 12-4.7 or subdivision (g)(1) of
22    Section 12-3.05;
23        (15) aggravated stalking;
24        (16) home invasion;
25        (17) vehicular invasion;
26        (18) criminal transmission of HIV;

 

 

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1        (19) criminal abuse or neglect of an elderly person or
2    person with a disability as described in Section 12-21 or
3    subsection (b) of Section 12-4.4a;
4        (20) child abandonment;
5        (21) endangering the life or health of a child;
6        (22) ritual mutilation;
7        (23) ritualized abuse of a child;
8        (24) an offense in any other state the elements of
9    which are similar and bear a substantial relationship to
10    any of the foregoing offenses.
11    For the purpose of this subsection, "relative" shall
12include any person, 21 years of age or over, other than the
13parent, who (i) is currently related to the child in any of the
14following ways by blood or adoption: grandparent, sibling,
15great-grandparent, parent's sibling, sibling's child, uncle,
16aunt, nephew, niece, first cousin, second cousin, godparent,
17or grandparent's sibling great-uncle, or great-aunt; or (ii)
18is the spouse of such a relative; or (iii) is the child's
19step-parent step-father, step-mother, or adult step-sibling
20step-brother or step-sister; or (iv) is a fictive kin;
21"relative" also includes a person related in any of the
22foregoing ways to a sibling of a child, even though the person
23is not related to the child, when the child and the child's its
24sibling are placed together with that person. For children who
25have been in the guardianship of the Department, have been
26adopted, and are subsequently returned to the temporary

 

 

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1custody or guardianship of the Department, a "relative" may
2also include any person who would have qualified as a relative
3under this paragraph prior to the adoption, but only if the
4Department determines, and documents, that it would be in the
5child's best interests to consider this person a relative,
6based upon the factors for determining best interests set
7forth in subsection (4.05) of Section 1-3 of the Juvenile
8Court Act of 1987. A relative with whom a child is placed
9pursuant to this subsection may, but is not required to, apply
10for licensure as a foster family home pursuant to the Child
11Care Act of 1969; provided, however, that as of July 1, 1995,
12foster care payments shall be made only to licensed foster
13family homes pursuant to the terms of Section 5 of this Act.
14    Notwithstanding any other provision under this subsection
15to the contrary, a fictive kin with whom a child is placed
16pursuant to this subsection shall apply for licensure as a
17foster family home pursuant to the Child Care Act of 1969
18within 6 months of the child's placement with the fictive kin.
19The Department shall not remove a child from the home of a
20fictive kin on the basis that the fictive kin fails to apply
21for licensure within 6 months of the child's placement with
22the fictive kin, or fails to meet the standard for licensure.
23All other requirements established under the rules and
24procedures of the Department concerning the placement of a
25child, for whom the Department is legally responsible, with a
26relative shall apply. By June 1, 2015, the Department shall

 

 

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1promulgate rules establishing criteria and standards for
2placement, identification, and licensure of fictive kin.
3    For purposes of this subsection, "fictive kin" means any
4individual, unrelated by birth or marriage, who:
5        (i) is shown to have significant and close personal or
6    emotional ties with the child or the child's family prior
7    to the child's placement with the individual; or
8        (ii) is the current foster parent of a child in the
9    custody or guardianship of the Department pursuant to this
10    Act and the Juvenile Court Act of 1987, if the child has
11    been placed in the home for at least one year and has
12    established a significant and family-like relationship
13    with the foster parent, and the foster parent has been
14    identified by the Department as the child's permanent
15    connection, as defined by Department rule.
16    The provisions added to this subsection (b) by Public Act
1798-846 shall become operative on and after June 1, 2015.
18    (c) In placing a child under this Act, the Department
19shall ensure that the child's health, safety, and best
20interests are met. In rejecting placement of a child with an
21identified relative, the Department shall ensure that the
22child's health, safety, and best interests are met. In
23evaluating the best interests of the child, the Department
24shall take into consideration the factors set forth in
25subsection (4.05) of Section 1-3 of the Juvenile Court Act of
261987.

 

 

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1    The Department shall consider the individual needs of the
2child and the capacity of the prospective foster or adoptive
3parents to meet the needs of the child. When a child must be
4placed outside the child's his or her home and cannot be
5immediately returned to the child's his or her parents or
6guardian, a comprehensive, individualized assessment shall be
7performed of that child at which time the needs of the child
8shall be determined. Only if race, color, or national origin
9is identified as a legitimate factor in advancing the child's
10best interests shall it be considered. Race, color, or
11national origin shall not be routinely considered in making a
12placement decision. The Department shall make special efforts
13for the diligent recruitment of potential foster and adoptive
14families that reflect the ethnic and racial diversity of the
15children for whom foster and adoptive homes are needed.
16"Special efforts" shall include contacting and working with
17community organizations and religious organizations and may
18include contracting with those organizations, utilizing local
19media and other local resources, and conducting outreach
20activities.
21    (c-1) At the time of placement, the Department shall
22consider concurrent planning, as described in subsection (l-1)
23of Section 5, so that permanency may occur at the earliest
24opportunity. Consideration should be given so that if
25reunification fails or is delayed, the placement made is the
26best available placement to provide permanency for the child.

 

 

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1To the extent that doing so is in the child's best interests as
2set forth in subsection (4.05) of Section 1-3 of the Juvenile
3Court Act of 1987, the Department should consider placements
4that will permit the child to maintain a meaningful
5relationship with the child's his or her parents.
6    (d) The Department may accept gifts, grants, offers of
7services, and other contributions to use in making special
8recruitment efforts.
9    (e) The Department in placing children in adoptive or
10foster care homes may not, in any policy or practice relating
11to the placement of children for adoption or foster care,
12discriminate against any child or prospective adoptive or
13foster parent on the basis of race.
14(Source: P.A. 99-143, eff. 7-27-15; 99-340, eff. 1-1-16;
1599-642, eff. 7-28-16; 99-836, eff. 1-1-17; 100-101, eff.
168-11-17.)
 
17    (20 ILCS 505/7.3)
18    Sec. 7.3. Placement plan. The Department shall develop and
19implement a written plan for placing children. The plan shall
20include at least the following features:
21        (1) A plan for recruiting minority adoptive and foster
22    families. The plan shall include strategies for using
23    existing resources in minority communities, use of
24    minority outreach staff whenever possible, use of minority
25    foster homes for placements after birth and before

 

 

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1    adoption, and other techniques as appropriate.
2        (2) A plan for training adoptive and foster families
3    of minority children.
4        (3) A plan for employing social workers in adoption
5    and foster care. The plan shall include staffing goals and
6    objectives.
7        (4) A plan for ensuring that adoption and foster care
8    workers attend training offered or approved by the
9    Department regarding the State's goal of encouraging
10    cultural diversity and the needs of special needs
11    children.
12        (5) A plan that includes policies and procedures for
13    determining for each child requiring placement outside of
14    the child's his or her home, and who cannot be immediately
15    returned to the child's his or her parents or guardian,
16    the placement needs of that child. In the rare instance
17    when an individualized assessment identifies, documents,
18    and substantiates that race, color, or national origin is
19    a factor that needs to be considered in advancing a
20    particular child's best interests, it shall be considered
21    in making a placement.
22(Source: P.A. 92-334, eff. 8-10-01.)
 
23    (20 ILCS 505/7.3a)
24    Sec. 7.3a. Normalcy parenting for children in foster care;
25participation in childhood activities.

 

 

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1    (a) Legislative findings.
2        (1) Every day parents make important decisions about
3    their child's participation in extracurricular activities.
4    Caregivers for children in out-of-home care are faced with
5    making the same decisions.
6        (2) When a caregiver makes decisions, the caregiver he
7    or she must consider applicable laws, rules, and
8    regulations to safeguard the health, safety, and best
9    interests of a child in out-of-home care.
10        (3) Participation in extracurricular activities is
11    important to a child's well-being, not only emotionally,
12    but also in developing valuable life skills.
13        (4) The General Assembly recognizes the importance of
14    making every effort to normalize the lives of children in
15    out-of-home care and to empower a caregiver to approve or
16    not approve a child's participation in appropriate
17    extracurricular activities based on the caregiver's own
18    assessment using the reasonable and prudent parent
19    standard, without prior approval of the Department, the
20    caseworker, or the court.
21        (5) Nothing in this Section shall be presumed to
22    discourage or diminish the engagement of families and
23    guardians in the child's life activities.
24    (b) Definitions. As used in this Section:
25    "Appropriate activities" means activities or items that
26are generally accepted as suitable for children of the same

 

 

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1chronological age or developmental level of maturity.
2Appropriateness is based on the development of cognitive,
3emotional, physical, and behavioral capacity that is typical
4for an age or age group, taking into account the individual
5child's cognitive, emotional, physical, and behavioral
6development.
7    "Caregiver" means a person with whom the child is placed
8in out-of-home care or a designated official for child care
9facilities licensed by the Department as defined in the Child
10Care Act of 1969.
11    "Reasonable and prudent parent standard" means the
12standard characterized by careful and sensible parental
13decisions that maintain the child's health, safety, and best
14interests while at the same time supporting the child's
15emotional and developmental growth that a caregiver shall use
16when determining whether to allow a child in out-of-home care
17to participate in extracurricular, enrichment, cultural, and
18social activities.
19    (c) Requirements for decision-making.
20        (1) Each child who comes into the care and custody of
21    the Department is fully entitled to participate in
22    appropriate extracurricular, enrichment, cultural, and
23    social activities in a manner that allows that child to
24    participate in the child's his or her community to the
25    fullest extent possible.
26        (2) Caregivers must use the reasonable and prudent

 

 

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1    parent standard in determining whether to give permission
2    for a child in out-of-home care to participate in
3    appropriate extracurricular, enrichment, cultural, and
4    social activities. Caregivers are expected to promote and
5    support a child's participation in such activities. When
6    using the reasonable and prudent parent standard, the
7    caregiver shall consider:
8            (A) the child's age, maturity, and developmental
9        level to promote the overall health, safety, and best
10        interests of the child;
11            (B) the best interest of the child based on
12        information known by the caregiver;
13            (C) the importance and fundamental value of
14        encouraging the child's emotional and developmental
15        growth gained through participation in activities in
16        the child's his or her community;
17            (D) the importance and fundamental value of
18        providing the child with the most family-like living
19        experience possible; and
20            (E) the behavioral history of the child and the
21        child's ability to safely participate in the proposed
22        activity.
23        (3) A caregiver is not liable for harm caused to a
24    child in out-of-home care who participates in an activity
25    approved by the caregiver, provided that the caregiver has
26    acted as a reasonable and prudent parent in permitting the

 

 

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1    child to engage in the activity.
2    (c-5) No youth in care shall be required to store the
3youth's his or her belongings in plastic bags or in similar
4forms of disposable containers, including, but not limited to,
5trash bags, paper or plastic shopping bags, or pillow cases
6when relocating from one placement type to another placement
7type or when discharged from the custody or guardianship of
8the Department. The Department shall ensure that each youth in
9care has appropriate baggage and other items to store the
10youth's his or her belongings when moving through the State's
11child welfare system. As used in this subsection, "purchase of
12service agency" means any entity that contracts with the
13Department to provide services that are consistent with the
14purposes of this Act.
15    (d) Rulemaking. The Department shall adopt, by rule,
16procedures no later than June 1, 2017 that promote and protect
17the ability of children to participate in appropriate
18extracurricular, enrichment, cultural, and social activities.
19    (e) The Department shall ensure that every youth in care
20who is entering the youth's his or her final year of high
21school has completed a Free Application for Federal Student
22Aid form, if applicable, or an application for State financial
23aid on or after October 1, but no later than November 1, of the
24youth's final year of high school.
25(Source: P.A. 102-70, eff. 1-1-22; 102-545, eff. 1-1-22;
26revised 10-5-21.)
 

 

 

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1    (20 ILCS 505/7.4)
2    Sec. 7.4. Development and preservation of sibling
3relationships for children in care; placement of siblings;
4contact among siblings placed apart.
5    (a) Purpose and policy. The General Assembly recognizes
6that sibling relationships are unique and essential for a
7person, but even more so for children who are removed from the
8care of their families and placed in the State child welfare
9system. When family separation occurs through State
10intervention, every effort must be made to preserve, support
11and nurture sibling relationships when doing so is in the best
12interest of each sibling. It is in the interests of foster
13children who are part of a sibling group to enjoy contact with
14one another, as long as the contact is in each child's best
15interest. This is true both while the siblings are in State
16care and after one or all of the siblings leave State care
17through adoption, guardianship, or aging out.
18    (b) Definitions. For purposes of this Section:
19        (1) Whenever a best interest determination is required
20    by this Section, the Department shall consider the factors
21    set out in subsection (4.05) of Section 1-3 of the
22    Juvenile Court Act of 1987 and the Department's rules
23    regarding Sibling Placement, 89 111. Admin. Code 301.70
24    and Sibling Visitation, 89 111. Admin. Code 301.220, and
25    the Department's rules regarding Placement Selection

 

 

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1    Criteria, 89 111. Admin. Code 301.60.
2        (2) "Adopted child" means a child who, immediately
3    preceding the adoption, was in the custody or guardianship
4    of the Illinois Department of Children and Family Services
5    under Article II of the Juvenile Court Act of 1987.
6        (3) "Adoptive parent" means a person who has become a
7    parent through the legal process of adoption.
8        (4) "Child" means a person in the temporary custody or
9    guardianship of the Department who is under the age of 21.
10        (5) "Child placed in private guardianship" means a
11    child who, immediately preceding the guardianship, was in
12    the custody or guardianship of the Illinois Department of
13    Children and Family Services under Article II of the
14    Juvenile Court Act.
15        (6) "Contact" may include, but is not limited to
16    visits, telephone calls, letters, sharing of photographs
17    or information, e-mails, video conferencing, and other
18    form of communication or contact.
19        (7) "Legal guardian" means a person who has become the
20    legal guardian of a child who, immediately prior to the
21    guardianship, was in the custody or guardianship of the
22    Illinois Department of Children and Family Services under
23    Article II of the Juvenile Court Act of 1987.
24        (8) "Parent" means the child's mother or father who is
25    named as the respondent in proceedings conducted under
26    Article II of the Juvenile Court Act of 1987.

 

 

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1        (9) "Post Permanency Sibling Contact" means contact
2    between siblings following the entry of a Judgment Order
3    for Adoption under Section 14 of the Adoption Act
4    regarding at least one sibling or an Order for
5    Guardianship appointing a private guardian under Section
6    2-27 or the Juvenile Court Act of 1987, regarding at least
7    one sibling. Post Permanency Sibling Contact may include,
8    but is not limited to, visits, telephone calls, letters,
9    sharing of photographs or information, emails, video
10    conferencing, and other forms form of communication or
11    connection agreed to by the parties to a Post Permanency
12    Sibling Contact Agreement.
13        (10) "Post Permanency Sibling Contact Agreement" means
14    a written agreement between the adoptive parent or
15    parents, the child, and the child's sibling regarding post
16    permanency contact between the adopted child and the
17    child's sibling, or a written agreement between the legal
18    guardians, the child, and the child's sibling regarding
19    post permanency contact between the child placed in
20    guardianship and the child's sibling. The Post Permanency
21    Sibling Contact Agreement may specify the nature and
22    frequency of contact between the adopted child or child
23    placed in guardianship and the child's sibling following
24    the entry of the Judgment Order for Adoption or Order for
25    Private Guardianship. The Post Permanency Sibling Contact
26    Agreement may be supported by services as specified in

 

 

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1    this Section. The Post Permanency Sibling Contact
2    Agreement is voluntary on the part of the parties to the
3    Post Permanency Sibling Contact Agreement and is not a
4    requirement for finalization of the child's adoption or
5    guardianship. The Post Permanency Sibling Contract
6    Agreement shall not be enforceable in any court of law or
7    administrative forum and no cause of action shall be
8    brought to enforce the Agreement. When entered into, the
9    Post Permanency Sibling Contact Agreement shall be placed
10    in the child's Post Adoption or Guardianship case record
11    and in the case file of a sibling who is a party to the
12    agreement and who remains in the Department's custody or
13    guardianship.
14        (11) "Sibling Contact Support Plan" means a written
15    document that sets forth the plan for future contact
16    between siblings who are in the Department's care and
17    custody and residing separately. The goal of the Support
18    Plan is to develop or preserve and nurture the siblings'
19    relationships. The Support Plan shall set forth the role
20    of the foster parents, caregivers, and others in
21    implementing the Support Plan. The Support Plan must meet
22    the minimum standards regarding frequency of in-person
23    visits provided for in Department rule.
24        (12) "Siblings" means children who share at least one
25    parent in common. This definition of siblings applies
26    solely for purposes of placement and contact under this

 

 

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1    Section. For purposes of this Section, children who share
2    at least one parent in common continue to be siblings
3    after their parent's parental rights are terminated, if
4    parental rights were terminated while a petition under
5    Article II of the Juvenile Court Act of 1987 was pending.
6    For purposes of this Section, children who share at least
7    one parent in common continue to be siblings after a
8    sibling is adopted or placed in private guardianship when
9    the adopted child or child placed in private guardianship
10    was in the Department's custody or guardianship under
11    Article II of the Juvenile Court Act of 1987 immediately
12    prior to the adoption or private guardianship. For
13    children who have been in the guardianship of the
14    Department under Article II of the Juvenile Court Act of
15    1987, have been adopted, and are subsequently returned to
16    the temporary custody or guardianship of the Department
17    under Article II of the Juvenile Court Act of 1987,
18    "siblings" includes a person who would have been
19    considered a sibling prior to the adoption and siblings
20    through adoption.
21    (c) No later than January 1, 2013, the Department shall
22promulgate rules addressing the development and preservation
23of sibling relationships. The rules shall address, at a
24minimum:
25        (1) Recruitment, licensing, and support of foster
26    parents willing and capable of either fostering sibling

 

 

SB3961- 60 -LRB102 22864 WGH 32015 b

1    groups or supporting and being actively involved in
2    planning and executing sibling contact for siblings placed
3    apart. The rules shall address training for foster
4    parents, licensing workers, placement workers, and others
5    as deemed necessary.
6        (2) Placement selection for children who are separated
7    from their siblings and how to best promote placements of
8    children with foster parents or programs that can meet the
9    children's needs, including the need to develop and
10    maintain contact with siblings.
11        (3) State-supported guidance to siblings who have aged
12    out of state care regarding positive engagement with
13    siblings.
14        (4) Implementation of Post Permanency Sibling Contact
15    Agreements for children exiting State care, including
16    services offered by the Department to encourage and assist
17    parties in developing agreements, services offered by the
18    Department post permanency to support parties in
19    implementing and maintaining agreements, and including
20    services offered by the Department post permanency to
21    assist parties in amending agreements as necessary to meet
22    the needs of the children.
23        (5) Services offered by the Department for children
24    who exited foster care prior to the availability of Post
25    Permanency Sibling Contact Agreements, to invite willing
26    parties to participate in a facilitated discussion,

 

 

SB3961- 61 -LRB102 22864 WGH 32015 b

1    including, but not limited to, a mediation or joint team
2    decision-making meeting, to explore sibling contact.
3    (d) The Department shall develop a form to be provided to
4youth entering care and exiting care explaining their rights
5and responsibilities related to sibling visitation while in
6care and post permanency.
7    (e) Whenever a child enters care or requires a new
8placement, the Department shall consider the development and
9preservation of sibling relationships.
10        (1) This subsection applies when a child entering care
11    or requiring a change of placement has siblings who are in
12    the custody or guardianship of the Department. When a
13    child enters care or requires a new placement, the
14    Department shall examine its files and other available
15    resources and determine whether a sibling of that child is
16    in the custody or guardianship of the Department. If the
17    Department determines that a sibling is in its custody or
18    guardianship, the Department shall then determine whether
19    it is in the best interests of each of the siblings for the
20    child needing placement to be placed with the sibling. If
21    the Department determines that it is in the best interest
22    of each sibling to be placed together, and the sibling's
23    foster parent is able and willing to care for the child
24    needing placement, the Department shall place the child
25    needing placement with the sibling. A determination that
26    it is not in a child's best interest to be placed with a

 

 

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1    sibling shall be made in accordance with Department rules,
2    and documented in the file of each sibling.
3        (2) This subsection applies when a child who is
4    entering care has siblings who have been adopted or placed
5    in private guardianship. When a child enters care, the
6    Department shall examine its files and other available
7    resources, including consulting with the child's parents,
8    to determine whether a sibling of the child was adopted or
9    placed in private guardianship from State care. The
10    Department shall determine, in consultation with the
11    child's parents, whether it would be in the child's best
12    interests to explore placement with the adopted sibling or
13    sibling in guardianship. Unless the parent objects, if the
14    Department determines it is in the child's best interest
15    to explore the placement, the Department shall contact the
16    adoptive parents or guardians of the sibling, determine
17    whether they are willing to be considered as placement
18    resources for the child, and, if so, determine whether it
19    is in the best interests of the child to be placed in the
20    home with the sibling. If the Department determines that
21    it is in the child's best interests to be placed in the
22    home with the sibling, and the sibling's adoptive parents
23    or guardians are willing and capable, the Department shall
24    make the placement. A determination that it is not in a
25    child's best interest to be placed with a sibling shall be
26    made in accordance with Department rule, and documented in

 

 

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1    the child's file.
2        (3) This subsection applies when a child in Department
3    custody or guardianship requires a change of placement,
4    and the child has siblings who have been adopted or placed
5    in private guardianship. When a child in care requires a
6    new placement, the Department may consider placing the
7    child with the adoptive parent or guardian of a sibling
8    under the same procedures and standards set forth in
9    paragraph (2) of this subsection.
10        (4) When the Department determines it is not in the
11    best interest of one or more siblings to be placed
12    together the Department shall ensure that the child
13    requiring placement is placed in a home or program where
14    the caregiver is willing and able to be actively involved
15    in supporting the sibling relationship to the extent doing
16    so is in the child's best interest.
17    (f) When siblings in care are placed in separate
18placements, the Department shall develop a Sibling Contact
19Support Plan. The Department shall convene a meeting to
20develop the Support Plan. The meeting shall include, at a
21minimum, the case managers for the siblings, the foster
22parents or other care providers if a child is in a non-foster
23home placement and the child, when developmentally and
24clinically appropriate. The Department shall make all
25reasonable efforts to promote the participation of the foster
26parents. Parents whose parental rights are intact shall be

 

 

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1invited to the meeting. Others, such as therapists and
2mentors, shall be invited as appropriate. The Support Plan
3shall set forth future contact and visits between the siblings
4to develop or preserve, and nurture the siblings'
5relationships. The Support Plan shall set forth the role of
6the foster parents and caregivers and others in implementing
7the Support Plan. The Support Plan must meet the minimum
8standards regarding frequency of in-person visits provided for
9in Department rule. The Support Plan will be incorporated in
10the child's service plan and reviewed at each administrative
11case review. The Support Plan should be modified if one of the
12children moves to a new placement, or as necessary to meet the
13needs of the children. The Sibling Contact Support Plan for a
14child in care may include siblings who are not in the care of
15the Department, with the consent and participation of that
16child's parent or guardian.
17    (g) By January 1, 2013, the Department shall develop a
18registry so that placement information regarding adopted
19siblings and siblings in private guardianship is readily
20available to Department and private agency caseworkers
21responsible for placing children in the Department's care.
22When a child is adopted or placed in private guardianship from
23foster care the Department shall inform the adoptive parents
24or guardians that they may be contacted in the future
25regarding placement of or contact with siblings subsequently
26requiring placement.

 

 

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1    (h) When a child is in need of an adoptive placement, the
2Department shall examine its files and other available
3resources and attempt to determine whether a sibling of the
4child has been adopted or placed in private guardianship after
5being in the Department's custody or guardianship. If the
6Department determines that a sibling of the child has been
7adopted or placed in private guardianship, the Department
8shall make a good faith effort to locate the adoptive parents
9or guardians of the sibling and inform them of the
10availability of the child for adoption. The Department may
11determine not to inform the adoptive parents or guardians of a
12sibling of a child that the child is available for adoption
13only for a reason permitted under criteria adopted by the
14Department by rule, and documented in the child's case file.
15If a child available for adoption has a sibling who has been
16adopted or placed in guardianship, and the adoptive parents or
17guardians of that sibling apply to adopt the child, the
18Department shall consider them as adoptive applicants for the
19adoption of the child. The Department's final decision as to
20whether it will consent to the adoptive parents or guardians
21of a sibling being the adoptive parents of the child shall be
22based upon the welfare and best interest of the child. In
23arriving at its decision, the Department shall consider all
24relevant factors, including but not limited to:
25        (1) the wishes of the child;
26        (2) the interaction and interrelationship of the child

 

 

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1    with the applicant to adopt the child;
2        (3) the child's need for stability and continuity of
3    relationship with parent figures;
4        (4) the child's adjustment to the child's his or her
5    present home, school, and community;
6        (5) the mental and physical health of all individuals
7    involved;
8        (6) the family ties between the child and the child's
9    relatives, including siblings;
10        (7) the background, age, and living arrangements of
11    the applicant to adopt the child;
12        (8) a criminal background report of the applicant to
13    adopt the child.
14    If placement of the child available for adoption with the
15adopted sibling or sibling in private guardianship is not
16feasible, but it is in the child's best interest to develop a
17relationship with the child's his or her sibling, the
18Department shall invite the adoptive parents, guardian, or
19guardians for a mediation or joint team decision-making
20meeting to facilitate a discussion regarding future sibling
21contact.
22    (i) Post Permanency Sibling Contact Agreement. When a
23child in the Department's care has a permanency goal of
24adoption or private guardianship, and the Department is
25preparing to finalize the adoption or guardianship, the
26Department shall convene a meeting with the pre-adoptive

 

 

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1parent or prospective guardian and the case manager for the
2child being adopted or placed in guardianship and the foster
3parents and case managers for the child's siblings, and others
4as applicable. The children should participate as is
5developmentally appropriate. Others, such as therapists and
6mentors, may participate as appropriate. At the meeting the
7Department shall encourage the parties to discuss sibling
8contact post permanency. The Department may assist the parties
9in drafting a Post Permanency Sibling Contact Agreement.
10        (1) Parties to the Post Permanency Sibling Contact
11    Agreement shall include:
12            (A) The adoptive parent or parents or guardian.
13            (B) The child's sibling or siblings, parents or
14        guardians.
15            (C) The child.
16        (2) Consent of child 14 and over. The written consent
17    of a child age 14 and over to the terms and conditions of
18    the Post Permanency Sibling Contact Agreement and
19    subsequent modifications is required.
20        (3) In developing this Agreement, the Department shall
21    encourage the parties to consider the following factors:
22            (A) the physical and emotional safety and welfare
23        of the child;
24            (B) the child's wishes;
25            (C) the interaction and interrelationship of the
26        child with the child's sibling or siblings who would

 

 

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1        be visiting or communicating with the child,
2        including:
3                (i) the quality of the relationship between
4            the child and the sibling or siblings, and
5                (ii) the benefits and potential harms to the
6            child in allowing the relationship or
7            relationships to continue or in ending them;
8            (D) the child's sense of attachments to the birth
9        sibling or siblings and adoptive family, including:
10                (i) the child's sense of being valued;
11                (ii) the child's sense of familiarity; and
12                (iii) continuity of affection for the child;
13            and
14            (E) other factors relevant to the best interest of
15        the child.
16        (4) In considering the factors in paragraph (3) of
17    this subsection, the Department shall encourage the
18    parties to recognize the importance to a child of
19    developing a relationship with siblings including siblings
20    with whom the child does not yet have a relationship; and
21    the value of preserving family ties between the child and
22    the child's siblings, including:
23            (A) the child's need for stability and continuity
24        of relationships with siblings, and
25            (B) the importance of sibling contact in the
26        development of the child's identity.

 

 

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1        (5) Modification or termination of Post Permanency
2    Sibling Contact Agreement. The parties to the agreement
3    may modify or terminate the Post Permanency Sibling
4    Contact Agreement. If the parties cannot agree to
5    modification or termination, they may request the
6    assistance of the Department of Children and Family
7    Services or another agency identified and agreed upon by
8    the parties to the Post Permanency Sibling Contact
9    Agreement. Any and all terms may be modified by agreement
10    of the parties. Post Permanency Sibling Contact Agreements
11    may also be modified to include contact with siblings
12    whose whereabouts were unknown or who had not yet been
13    born when the Judgment Order for Adoption or Order for
14    Private Guardianship was entered.
15        (6) Adoptions and private guardianships finalized
16    prior to the effective date of amendatory Act. Nothing in
17    this Section prohibits the parties from entering into a
18    Post Permanency Sibling Contact Agreement if the adoption
19    or private guardianship was finalized prior to the
20    effective date of this Section. If the Agreement is
21    completed and signed by the parties, the Department shall
22    include the Post Permanency Sibling Contact Agreement in
23    the child's Post Adoption or Private Guardianship case
24    record and in the case file of siblings who are parties to
25    the agreement who are in the Department's custody or
26    guardianship.

 

 

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1(Source: P.A. 97-1076, eff. 8-24-12; 98-463, eff. 8-16-13.)
 
2    (20 ILCS 505/7.8)
3    Sec. 7.8. Home safety checklist; aftercare services;
4immunization checks.
5    (a) As used in this Section, "purchase of service agency"
6means any entity that contracts with the Department to provide
7services that are consistent with the purposes of this Act.
8    (b) Whenever a child is placed in the custody or
9guardianship of the Department or a child is returned to the
10custody of a parent or guardian and the court retains
11jurisdiction of the case, the Department must ensure that the
12child is up to date on the child's his or her well-child
13visits, including age-appropriate immunizations, or that there
14is a documented religious or medical reason the child did not
15receive the immunizations.
16    (c) Whenever a child has been placed in foster or
17substitute care by court order and the court later determines
18that the child can return to the custody of the child's his or
19her parent or guardian, the Department must complete, prior to
20the child's discharge from foster or substitute care, a home
21safety checklist to ensure that the conditions of the child's
22home are sufficient to ensure the child's safety and
23well-being, as defined in Department rules and procedures. At
24a minimum, the home safety checklist shall be completed within
2524 hours prior to the child's return home and completed again

 

 

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1or recertified in the absence of any environmental barriers or
2hazards within 5 working days after a child is returned home
3and every month thereafter until the child's case is closed
4pursuant to the Juvenile Court Act of 1987. The home safety
5checklist shall include a certification that there are no
6environmental barriers or hazards to prevent returning the
7child home.
8    (d) When a court determines that a child should return to
9the custody or guardianship of a parent or guardian, any
10aftercare services provided to the child and the child's
11family by the Department or a purchase of service agency shall
12commence on the date upon which the child is returned to the
13custody or guardianship of the child's his or her parent or
14guardian. If children are returned to the custody of a parent
15at different times, the Department or purchase of service
16agency shall provide a minimum of 6 months of aftercare
17services to each child commencing on the date each individual
18child is returned home.
19    (e) One year after the effective date of this amendatory
20Act of the 101st General Assembly, the Auditor General shall
21commence a performance audit of the Department of Children and
22Family Services to determine whether the Department is meeting
23the requirements of this Section. Within 2 years after the
24audit's release, the Auditor General shall commence a
25follow-up performance audit to determine whether the
26Department has implemented the recommendations contained in

 

 

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1the initial performance audit. Upon completion of each audit,
2the Auditor General shall report its findings to the General
3Assembly. The Auditor General's reports shall include any
4issues or deficiencies and recommendations. The audits
5required by this Section shall be in accordance with and
6subject to the Illinois State Auditing Act.
7(Source: P.A. 101-237, eff. 1-1-20.)
 
8    (20 ILCS 505/8)  (from Ch. 23, par. 5008)
9    Sec. 8. Scholarships and fee waivers; tuition waiver.
10    (a) Each year the Department shall select a minimum of 53
11students (at least 4 of whom shall be children of veterans) to
12receive scholarships and fee waivers which will enable them to
13attend and complete their post-secondary education at a
14community college, university, or college. Youth shall be
15selected from among the youth for whom the Department has
16court-ordered legal responsibility, youth who aged out of care
17at age 18 or older, or youth formerly under care who have been
18adopted or who have been placed in private guardianship.
19Recipients must have earned a high school diploma from an
20accredited institution or a high school equivalency
21certificate or diploma or have met the State criteria for high
22school graduation before the start of the school year for
23which they are applying for the scholarship and waiver.
24Scholarships and fee waivers shall be available to students
25for at least 5 years, provided they are continuing to work

 

 

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1toward graduation. Unused scholarship dollars and fee waivers
2shall be reallocated to new recipients. No later than January
31, 2015, the Department shall promulgate rules identifying the
4criteria for "continuing to work toward graduation" and for
5reallocating unused scholarships and fee waivers. Selection
6shall be made on the basis of several factors, including, but
7not limited to, scholastic record, aptitude, and general
8interest in higher education. The selection committee shall
9include at least 2 individuals formerly under the care of the
10Department who have completed their post-secondary education.
11In accordance with this Act, tuition scholarships and fee
12waivers shall be available to such students at any university
13or college maintained by the State of Illinois. The Department
14shall provide maintenance and school expenses, except tuition
15and fees, during the academic years to supplement the
16students' earnings or other resources so long as they
17consistently maintain scholastic records which are acceptable
18to their schools and to the Department. Students may attend
19other colleges and universities, if scholarships are awarded
20them, and receive the same benefits for maintenance and other
21expenses as those students attending any Illinois State
22community college, university, or college under this Section.
23Beginning with recipients receiving scholarships and waivers
24in August 2014, the Department shall collect data and report
25annually to the General Assembly on measures of success,
26including (i) the number of youth applying for and receiving

 

 

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1scholarships or waivers, (ii) the percentage of scholarship or
2waiver recipients who complete their college or university
3degree within 5 years, (iii) the average length of time it
4takes for scholarship or waiver recipients to complete their
5college or university degree, (iv) the reasons that
6scholarship or waiver recipients are discharged or fail to
7complete their college or university degree, (v) when
8available, youths' outcomes 5 years and 10 years after being
9awarded the scholarships or waivers, and (vi) budget
10allocations for maintenance and school expenses incurred by
11the Department.
12    (b) Youth shall receive a tuition and fee waiver to assist
13them in attending and completing their post-secondary
14education at any community college, university, or college
15maintained by the State of Illinois if they are youth for whom
16the Department has court-ordered legal responsibility, youth
17who aged out of care at age 18 or older, or youth formerly
18under care who have been adopted and were the subject of an
19adoption assistance agreement or who have been placed in
20private guardianship and were the subject of a subsidized
21guardianship agreement.
22    To receive a waiver under this subsection, an applicant
23must:
24        (1) have earned a high school diploma from an
25    accredited institution or a high school equivalency
26    certificate or have met the State criteria for high school

 

 

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1    graduation before the start of the school year for which
2    the applicant is applying for the waiver;
3        (2) enroll in a qualifying post-secondary education
4    before the applicant reaches the age of 26; and
5        (3) apply for federal and State grant assistance by
6    completing the Free Application for Federal Student Aid.
7    The community college or public university that an
8applicant attends must waive any tuition and fee amounts that
9exceed the amounts paid to the applicant under the federal
10Pell Grant Program or the State's Monetary Award Program.
11    Tuition and fee waivers shall be available to a student
12for at least the first 5 years the student is enrolled in a
13community college, university, or college maintained by the
14State of Illinois so long as the student makes satisfactory
15progress toward completing the student's his or her degree.
16The age requirement and 5-year cap on tuition and fee waivers
17under this subsection shall be waived and eligibility for
18tuition and fee waivers shall be extended for any applicant or
19student who the Department determines was unable to enroll in
20a qualifying post-secondary school or complete an academic
21term because the applicant or student: (i) was called into
22active duty with the United States Armed Forces; (ii) was
23deployed for service in the United States Public Health
24Service Commissioned Corps; or (iii) volunteered in the Peace
25Corps or the AmeriCorps. The Department shall extend
26eligibility for a qualifying applicant or student by the total

 

 

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1number of months or years during which the applicant or
2student served on active duty with the United States Armed
3Forces, was deployed for service in the United States Public
4Health Service Commissioned Corps, or volunteered in the Peace
5Corps or the AmeriCorps. The number of months an applicant or
6student served on active duty with the United States Armed
7Forces shall be rounded up to the next higher year to determine
8the maximum length of time to extend eligibility for the
9applicant or student.
10    The Department may provide the student with a stipend to
11cover maintenance and school expenses, except tuition and
12fees, during the academic years to supplement the student's
13earnings or other resources so long as the student
14consistently maintains scholastic records which are acceptable
15to the student's school and to the Department.
16    The Department shall develop outreach programs to ensure
17that youths who qualify for the tuition and fee waivers under
18this subsection who are high school students in grades 9
19through 12 or who are enrolled in a high school equivalency
20testing program are aware of the availability of the tuition
21and fee waivers.
22    (c) Subject to appropriation, the Department shall provide
23eligible youth an apprenticeship stipend to cover those costs
24associated with entering and sustaining through completion an
25apprenticeship, including, but not limited to fees, tuition
26for classes, work clothes, rain gear, boots, and

 

 

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1occupation-specific tools. The following youth may be eligible
2for the apprenticeship stipend provided under this subsection:
3youth for whom the Department has court-ordered legal
4responsibility; youth who aged out of care at age 18 or older;
5or youth formerly under care who have been adopted and were the
6subject of an adoption assistance agreement or who have been
7placed in private guardianship and were the subject of a
8subsidized guardianship agreement.
9    To receive a stipend under this subsection, an applicant
10must:
11        (1) be enrolled in an apprenticeship training program
12    approved or recognized by the Illinois Department of
13    Employment Security or an apprenticeship program approved
14    by the United States Department of Labor;
15        (2) not be a recipient of a scholarship or fee waiver
16    under subsection (a) or (b); and
17        (3) be under the age of 26 before enrolling in a
18    qualified apprenticeship program.
19    Apprenticeship stipends shall be available to an eligible
20youth for a maximum of 5 years after the youth enrolls in a
21qualifying apprenticeship program so long as the youth makes
22satisfactory progress toward completing the youth's his or her
23apprenticeship. The age requirement and 5-year cap on the
24apprenticeship stipend provided under this subsection shall be
25extended for any applicant who the Department determines was
26unable to enroll in a qualifying apprenticeship program

 

 

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1because the applicant: (i) was called into active duty with
2the United States Armed Forces; (ii) was deployed for service
3in the United States Public Health Service Commissioned Corps;
4or (iii) volunteered in the Peace Corps or the AmeriCorps. The
5Department shall extend eligibility for a qualifying applicant
6by the total number of months or years during which the
7applicant served on active duty with the United States Armed
8Forces, was deployed for service in the United States Public
9Health Service Commissioned Corps, or volunteered in the Peace
10Corps or the AmeriCorps. The number of months an applicant
11served on active duty with the United States Armed Forces
12shall be rounded up to the next higher year to determine the
13maximum length of time to extend eligibility for the
14applicant.
15    The Department shall develop outreach programs to ensure
16that youths who qualify for the apprenticeship stipends under
17this subsection who are high school students in grades 9
18through 12 or who are enrolled in a high school equivalency
19testing program are aware of the availability of the
20apprenticeship stipend.
21(Source: P.A. 100-1045, eff. 1-1-19; 101-558, eff. 1-1-20.)
 
22    (20 ILCS 505/8a)  (from Ch. 23, par. 5008a)
23    Sec. 8a. No otherwise qualified child with a disability
24receiving special education and related services under Article
2514 of The School Code shall solely by reason of the child's his

 

 

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1or her disability be excluded from the participation in or be
2denied the benefits of or be subjected to discrimination under
3any program or activity provided by the Department.
4    The Department, or its authorized agent, shall ensure that
5a copy of a student's then current individualized education
6program (IEP) is provided to the school district in which the
7student is newly placed by the Department. Upon receipt of the
8IEP, the new school district shall review it and place the
9student in a special education program in accordance with that
10described in the IEP. The Department shall consult with the
11State Board of Education in the development of necessary rules
12and regulations to implement this provision.
13(Source: P.A. 87-372.)
 
14    (20 ILCS 505/8b)  (from Ch. 23, par. 5008b)
15    Sec. 8b. No homeless person eligible to receive benefits
16or services from the Department shall, by reason of the
17homeless person's his or her status as a homeless person, be
18excluded from participation in, be denied benefits under or be
19subjected to discrimination under any program or activity
20provided by the Department.
21(Source: P.A. 84-1277.)
 
22    (20 ILCS 505/9.3)  (from Ch. 23, par. 5009.3)
23    Sec. 9.3. Declarations by Parents and Guardians.
24Information requested of parents and guardians shall be

 

 

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1submitted on forms or questionnaires prescribed by the
2Department or units of local government as the case may be and
3shall contain a written declaration to be signed by the parent
4or guardian in substantially the following form:
5    "I declare under penalties of perjury that I have examined
6this form or questionnaire and all accompanying statements or
7documents pertaining to my income, or any other matter having
8bearing upon my status and ability to provide payment for care
9and training of my child, and to the best of my knowledge and
10belief the information supplied is true, correct, and
11complete".
12    A person who makes and subscribes a form or questionnaire
13which contains, as herein above provided, a written
14declaration that it is made under the penalties of perjury,
15knowing it to be false, incorrect or incomplete, in respect to
16any material statement or representative bearing upon the
17parent's or guardian's his status as a parent or guardian, or
18upon the parent's or guardian's his income, resources, or
19other matter concerning the parent's or guardian's his ability
20to provide parental payment, shall be subject to the penalties
21for perjury provided for in Section 32-2 of the Criminal Code
22of 2012.
23    Parents who refuse to provide such information after three
24written requests from the Department will be liable for the
25full cost of care provided, from the commencement of such care
26until the required information is received.

 

 

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1(Source: P.A. 97-1150, eff. 1-25-13.)
 
2    (20 ILCS 505/9.5)  (from Ch. 23, par. 5009.5)
3    Sec. 9.5. Notice of Parental Payments Due. When the
4Department has determined that a parent or guardian is liable
5for payment for care and support of the parent's or guardian's
6his children, the parent or guardian shall be notified by
7mailing the parent or guardian him a copy of the determination
8by mail, advising the parent or guardian him of the parent's or
9guardian's his legal obligation to make payments for such
10period or periods of time, definite in duration or indefinite,
11as the circumstances required. The notice shall direct payment
12as provided in Section 9.6.
13    Within 30 days after receipt of a payment notice, the
14parents may appeal the assessment amount if the data used in
15determining the amount is inaccurate or incomplete. Parents
16may also appeal the assessment at any time on the basis of
17changes in their circumstances which render inaccurate
18information on which the assessment is based. If the changes
19requested in a parental appeal are granted, the Department may
20modify its assessment retroactively to the appropriate date
21and adjust any amount in arrears accordingly.
22(Source: P.A. 83-1037.)
 
23    (20 ILCS 505/17)  (from Ch. 23, par. 5017)
24    Sec. 17. Youth and Community Services Program. The

 

 

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1Department of Human Services shall develop a State program for
2youth and community services which will assure that youth who
3come into contact or may come into contact with the child
4welfare and the juvenile justice systems will have access to
5needed community, prevention, diversion, emergency and
6independent living services. The term "youth" means a person
7under the age of 19 years. The term "homeless youth" means a
8youth who cannot be reunited with the youth's his or her family
9and is not in a safe and stable living situation. This Section
10shall not be construed to require the Department of Human
11Services to provide services under this Section to any
12homeless youth who is at least 18 years of age but is younger
13than 19 years of age; however, the Department may, in its
14discretion, provide services under this Section to any such
15homeless youth.
16    (a) The goals of the program shall be to:
17        (1) maintain children and youths in their own
18    community;
19        (2) eliminate unnecessary categorical funding of
20    programs by funding more comprehensive and integrated
21    programs;
22        (3) encourage local volunteers and voluntary
23    associations in developing programs aimed at preventing
24    and controlling juvenile delinquency;
25        (4) address voids in services and close service gaps;
26        (5) develop program models aimed at strengthening the

 

 

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1    relationships between youth and their families and aimed
2    at developing healthy, independent lives for homeless
3    youth;
4        (6) contain costs by redirecting funding to more
5    comprehensive and integrated community-based services; and
6        (7) coordinate education, employment, training and
7    other programs for youths with other State agencies.
8    (b) The duties of the Department under the program shall
9be to:
10        (1) design models for service delivery by local
11    communities;
12        (2) test alternative systems for delivering youth
13    services;
14        (3) develop standards necessary to achieve and
15    maintain, on a statewide basis, more comprehensive and
16    integrated community-based youth services;
17        (4) monitor and provide technical assistance to local
18    boards and local service systems;
19        (5) assist local organizations in developing programs
20    which address the problems of youths and their families
21    through direct services, advocacy with institutions, and
22    improvement of local conditions; and
23        (6) develop a statewide adoption awareness campaign
24    aimed at pregnant teenagers.
25(Source: P.A. 89-507, eff. 7-1-97.)
 

 

 

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1    (20 ILCS 505/21)  (from Ch. 23, par. 5021)
2    Sec. 21. Investigative powers; training.
3    (a) To make such investigations as it may deem necessary
4to the performance of its duties.
5    (b) In the course of any such investigation any qualified
6person authorized by the Director may administer oaths and
7secure by its subpoena both the attendance and testimony of
8witnesses and the production of books and papers relevant to
9such investigation. Any person who is served with a subpoena
10by the Department to appear and testify or to produce books and
11papers, in the course of an investigation authorized by law,
12and who refuses or neglects to appear, or to testify, or to
13produce books and papers relevant to such investigation, as
14commanded in such subpoena, shall be guilty of a Class B
15misdemeanor. The fees of witnesses for attendance and travel
16shall be the same as the fees of witnesses before the circuit
17courts of this State. Any circuit court of this State, upon
18application of the person requesting the hearing or the
19Department, may compel the attendance of witnesses, the
20production of books and papers, and giving of testimony before
21the Department or before any authorized officer or employee
22thereof, by an attachment for contempt or otherwise, in the
23same manner as production of evidence may be compelled before
24such court. Every person who, having taken an oath or made
25affirmation before the Department or any authorized officer or
26employee thereof, shall willfully swear or affirm falsely,

 

 

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1shall be guilty of perjury and upon conviction shall be
2punished accordingly.
3    (c) Investigations initiated under this Section shall
4provide individuals due process of law, including the right to
5a hearing, to cross-examine witnesses, to obtain relevant
6documents, and to present evidence. Administrative findings
7shall be subject to the provisions of the Administrative
8Review Law.
9    (d) Beginning July 1, 1988, any child protective
10investigator or supervisor or child welfare specialist or
11supervisor employed by the Department on the effective date of
12this amendatory Act of 1987 shall have completed a training
13program which shall be instituted by the Department. The
14training program shall include, but not be limited to, the
15following: (1) training in the detection of symptoms of child
16neglect and drug abuse; (2) specialized training for dealing
17with families and children of drug abusers; and (3) specific
18training in child development, family dynamics and interview
19techniques. Such program shall conform to the criteria and
20curriculum developed under Section 4 of the Child Protective
21Investigator and Child Welfare Specialist Certification Act of
221987. Failure to complete such training due to lack of
23opportunity provided by the Department shall in no way be
24grounds for any disciplinary or other action against an
25investigator or a specialist.
26    The Department shall develop a continuous inservice staff

 

 

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1development program and evaluation system. Each child
2protective investigator and supervisor and child welfare
3specialist and supervisor shall participate in such program
4and evaluation and shall complete a minimum of 20 hours of
5inservice education and training every 2 years in order to
6maintain certification.
7    Any child protective investigator or child protective
8supervisor, or child welfare specialist or child welfare
9specialist supervisor hired by the Department who begins his
10actual employment after the effective date of this amendatory
11Act of 1987, shall be certified pursuant to the Child
12Protective Investigator and Child Welfare Specialist
13Certification Act of 1987 before beginning he begins such
14employment. Nothing in this Act shall replace or diminish the
15rights of employees under the Illinois Public Labor Relations
16Act, as amended, or the National Labor Relations Act. In the
17event of any conflict between either of those Acts, or any
18collective bargaining agreement negotiated thereunder, and the
19provisions of subsections (d) and (e), the former shall
20prevail and control.
21    (e) The Department shall develop and implement the
22following:
23        (1) A standardized child endangerment risk assessment
24    protocol.
25        (2) Related training procedures.
26        (3) A standardized method for demonstration of

 

 

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1    proficiency in application of the protocol.
2        (4) An evaluation of the reliability and validity of
3    the protocol.
4All child protective investigators and supervisors and child
5welfare specialists and supervisors employed by the Department
6or its contractors shall be required, subsequent to the
7availability of training under this Act, to demonstrate
8proficiency in application of the protocol previous to being
9permitted to make decisions about the degree of risk posed to
10children for whom they are responsible. The Department shall
11establish a multi-disciplinary advisory committee appointed by
12the Director, including but not limited to representatives
13from the fields of child development, domestic violence,
14family systems, juvenile justice, law enforcement, health
15care, mental health, substance abuse, and social service to
16advise the Department and its related contractors in the
17development and implementation of the child endangerment risk
18assessment protocol, related training, method for
19demonstration of proficiency in application of the protocol,
20and evaluation of the reliability and validity of the
21protocol. The Department shall develop the protocol, training
22curriculum, method for demonstration of proficiency in
23application of the protocol and method for evaluation of the
24reliability and validity of the protocol by July 1, 1995.
25Training and demonstration of proficiency in application of
26the child endangerment risk assessment protocol for all child

 

 

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1protective investigators and supervisors and child welfare
2specialists and supervisors shall be completed as soon as
3practicable, but no later than January 1, 1996. The Department
4shall submit to the General Assembly on or before May 1, 1996,
5and every year thereafter, an annual report on the evaluation
6of the reliability and validity of the child endangerment risk
7assessment protocol. The Department shall contract with a not
8for profit organization with demonstrated expertise in the
9field of child endangerment risk assessment to assist in the
10development and implementation of the child endangerment risk
11assessment protocol, related training, method for
12demonstration of proficiency in application of the protocol,
13and evaluation of the reliability and validity of the
14protocol.
15    (f) The Department shall provide each parent or guardian
16and responsible adult caregiver participating in a safety plan
17a copy of the written safety plan as signed by each parent or
18guardian and responsible adult caregiver and by a
19representative of the Department. The Department shall also
20provide each parent or guardian and responsible adult
21caregiver safety plan information on their rights and
22responsibilities that shall include, but need not be limited
23to, information on how to obtain medical care, emergency phone
24numbers, and information on how to notify schools or day care
25providers as appropriate. The Department's representative
26shall ensure that the safety plan is reviewed and approved by

 

 

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1the child protection supervisor.
2(Source: P.A. 98-830, eff. 1-1-15.)
 
3    (20 ILCS 505/35.5)
4    Sec. 35.5. Inspector General.
5    (a) The Governor shall appoint, and the Senate shall
6confirm, an Inspector General who shall have the authority to
7conduct investigations into allegations of or incidents of
8possible misconduct, misfeasance, malfeasance, or violations
9of rules, procedures, or laws by any employee, foster parent,
10service provider, or contractor of the Department of Children
11and Family Services, except for allegations of violations of
12the State Officials and Employees Ethics Act which shall be
13referred to the Office of the Governor's Executive Inspector
14General for investigation. The Inspector General shall make
15recommendations to the Director of Children and Family
16Services concerning sanctions or disciplinary actions against
17Department employees or providers of service under contract to
18the Department. The Director of Children and Family Services
19shall provide the Inspector General with an implementation
20report on the status of any corrective actions taken on
21recommendations under review and shall continue sending
22updated reports until the corrective action is completed. The
23Director shall provide a written response to the Inspector
24General indicating the status of any sanctions or disciplinary
25actions against employees or providers of service involving

 

 

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1any investigation subject to review. In any case, information
2included in the reports to the Inspector General and
3Department responses shall be subject to the public disclosure
4requirements of the Abused and Neglected Child Reporting Act.
5Any investigation conducted by the Inspector General shall be
6independent and separate from the investigation mandated by
7the Abused and Neglected Child Reporting Act. The Inspector
8General shall be appointed for a term of 4 years. The Inspector
9General shall function independently within the Department of
10Children and Family Services with respect to the operations of
11the Office of Inspector General, including the performance of
12investigations and issuance of findings and recommendations,
13and shall report to the Director of Children and Family
14Services and the Governor and perform other duties the
15Director may designate. The Inspector General shall adopt
16rules as necessary to carry out the functions, purposes, and
17duties of the office of Inspector General in the Department of
18Children and Family Services, in accordance with the Illinois
19Administrative Procedure Act and any other applicable law.
20    (b) The Inspector General shall have access to all
21information and personnel necessary to perform the duties of
22the office. To minimize duplication of efforts, and to assure
23consistency and conformance with the requirements and
24procedures established in the B.H. v. Suter consent decree and
25to share resources when appropriate, the Inspector General
26shall coordinate the Inspector General's his or her activities

 

 

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1with the Bureau of Quality Assurance within the Department.
2    (c) The Inspector General shall be the primary liaison
3between the Department and the Illinois State Police with
4regard to investigations conducted under the Inspector
5General's auspices. If the Inspector General determines that a
6possible criminal act has been committed, or that special
7expertise is required in the investigation, the Inspector
8General he or she shall immediately notify the Illinois State
9Police. All investigations conducted by the Inspector General
10shall be conducted in a manner designed to ensure the
11preservation of evidence for possible use in a criminal
12prosecution.
13    (d) The Inspector General may recommend to the Department
14of Children and Family Services, the Department of Public
15Health, or any other appropriate agency, sanctions to be
16imposed against service providers under the jurisdiction of or
17under contract with the Department for the protection of
18children in the custody or under the guardianship of the
19Department who received services from those providers. The
20Inspector General may seek the assistance of the Attorney
21General or any of the several State's Attorneys in imposing
22sanctions.
23    (e) The Inspector General shall at all times be granted
24access to any foster home, facility, or program operated for
25or licensed or funded by the Department.
26    (f) Nothing in this Section shall limit investigations by

 

 

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1the Department of Children and Family Services that may
2otherwise be required by law or that may be necessary in that
3Department's capacity as the central administrative authority
4for child welfare.
5    (g) The Inspector General shall have the power to subpoena
6witnesses and compel the production of books and papers
7pertinent to an investigation authorized by this Act. The
8power to subpoena or to compel the production of books and
9papers, however, shall not extend to the person or documents
10of a labor organization or its representatives insofar as the
11person or documents of a labor organization relate to the
12function of representing an employee subject to investigation
13under this Act. Any person who fails to appear in response to a
14subpoena or to answer any question or produce any books or
15papers pertinent to an investigation under this Act, except as
16otherwise provided in this Section, or who knowingly gives
17false testimony in relation to an investigation under this Act
18is guilty of a Class A misdemeanor.
19    (h) The Inspector General shall provide to the General
20Assembly and the Governor, no later than January 1 of each
21year, a summary of reports and investigations made under this
22Section for the prior fiscal year. The summaries shall detail
23the imposition of sanctions and the final disposition of those
24recommendations. The summaries shall not contain any
25confidential or identifying information concerning the
26subjects of the reports and investigations. The summaries also

 

 

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1shall include detailed recommended administrative actions and
2matters for consideration by the General Assembly.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (20 ILCS 505/35.6)
5    Sec. 35.6. State-wide toll-free telephone number.
6    (a) There shall be a State-wide, toll-free telephone
7number for any person, whether or not mandated by law, to
8report to the Inspector General of the Department, suspected
9misconduct, malfeasance, misfeasance, or violations of rules,
10procedures, or laws by Department employees, service
11providers, or contractors that is detrimental to the best
12interest of children receiving care, services, or training
13from or who were committed to the Department as allowed under
14Section 5 of this Act. Immediately upon receipt of a telephone
15call regarding suspected abuse or neglect of children, the
16Inspector General shall refer the call to the Child Abuse and
17Neglect Hotline or to the Illinois State Police as mandated by
18the Abused and Neglected Child Reporting Act and Section 35.5
19of this Act. A mandated reporter shall not be relieved of the
20mandated reporter's his or her duty to report incidents to the
21Child Abuse and Neglect Hotline referred to in this
22subsection. The Inspector General shall also establish rules
23and procedures for evaluating reports of suspected misconduct
24and violation of rules and for conducting an investigation of
25such reports.

 

 

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1    (b) The Inspector General shall prepare and maintain
2written records from the reporting source that shall contain
3the following information to the extent known at the time the
4report is made: (1) the names and addresses of the child and
5the person responsible for the child's welfare; (2) the nature
6of the misconduct and the detriment cause to the child's best
7interest; (3) the names of the persons or agencies responsible
8for the alleged misconduct. Any investigation conducted by the
9Inspector General pursuant to such information shall not
10duplicate and shall be separate from the investigation
11mandated by the Abused and Neglected Child Reporting Act.
12However, the Inspector General may include the results of such
13investigation in reports compiled under this Section. At the
14request of the reporting agent, the Inspector General shall
15keep the identity of the reporting agent strictly confidential
16from the operation of the Department, until the Inspector
17General shall determine what recommendations shall be made
18with regard to discipline or sanction of the Department
19employee, service provider, or contractor, with the exception
20of suspected child abuse or neglect which shall be handled
21consistent with the Abused and Neglected Child Reporting Act
22and Section 35.5 of this Act. The Department shall take
23whatever steps are necessary to assure that a person making a
24report in good faith under this Section is not adversely
25affected solely on the basis of having made such report.
26(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

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1    (20 ILCS 505/35.9)
2    Sec. 35.9. Visitation privileges; grandparents and
3great-grandparents.
4    (a) The Department shall make reasonable efforts and
5accommodations to provide for visitation privileges to a
6non-custodial grandparent or great-grandparent of a child who
7is in the care and custody of the Department. Any visitation
8privileges provided under this Section shall be separate and
9apart from any visitation privileges provided to a parent of
10the child. The Department shall provide visitation privileges
11only if doing so is in the child's best interest, taking into
12consideration the factors set out in subsection (4.05) of
13Section 1-3 of the Juvenile Court Act of 1987 and the following
14additional factors:
15        (1) the mental and physical health of the grandparent
16    or great-grandparent;
17        (2) the quantity of the visitation time requested and
18    the potential adverse impact that visitation would have on
19    the child's customary activities;
20        (3) any other fact that establishes that the loss of
21    the relationship between the child and the grandparent or
22    great-grandparent is likely to unduly harm the child's
23    mental, physical, or emotional health; and
24        (4) whether visitation can be structured in a way to
25    minimize the child's exposure to conflicts between adult

 

 

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1    family members.
2    (b) Any visitation privileges provided under this Section
3shall automatically terminate upon the child leaving the care
4or custody of the Department.
5    (c) The Department may deny a request for visitation after
6considering the criteria provided under subsection (a) in
7addition to any other criteria the Department deems necessary.
8If the Department determines that a grandparent or
9great-grandparent is inappropriate to serve as a visitation
10resource and denies visitation, the Department shall: (i)
11document the basis of its determination and maintain the
12documentation in the child's case file and (ii) inform the
13grandparent or great-grandparent of the grandparent's or
14great-grandparent's his or her right to a clinical review in
15accordance with Department rules and procedures. The
16Department may adopt any rules necessary to implement this
17Section.
18(Source: P.A. 99-838, eff. 1-1-17.)
 
19    Section 10. The Department of Children and Family Services
20Powers Law of the Civil Administrative Code of Illinois is
21amended by changing Section 510-25 as follows:
 
22    (20 ILCS 510/510-25)  (was 20 ILCS 510/65.5)
23    Sec. 510-25. Child Care Act of 1969; injunction. The
24Department has the power to initiate injunction proceedings

 

 

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1whenever it appears to the Director of Children and Family
2Services that any person, group of persons, or corporation is
3engaged or about to engage in any acts or practices that
4constitute or will constitute a violation of the Child Care
5Act of 1969 or any rule or regulation prescribed under the
6authority of that Act. The Director of Children and Family
7Services may, in the Director's his or her discretion, through
8the Attorney General apply for an injunction to enforce the
9Act, rule, or regulation. Upon a proper showing, any circuit
10court may enter a permanent or preliminary injunction or a
11temporary restraining order without bond to enforce the Act,
12rule, or regulation in addition to the penalties and other
13remedies provided in the Act, rule, or regulation. Appeals may
14be taken as in other civil cases.
15(Source: P.A. 91-239, eff. 1-1-00.)
 
16    Section 15. The Child Death Review Team Act is amended by
17changing Section 20 as follows:
 
18    (20 ILCS 515/20)
19    Sec. 20. Reviews of child deaths.
20    (a) Every child death shall be reviewed by the team in the
21subregion which has primary case management responsibility.
22The deceased child must be one of the following:
23        (1) A youth in care.
24        (2) The subject of an open service case maintained by

 

 

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1    the Department.
2        (3) The subject of a pending child abuse or neglect
3    investigation.
4        (4) A child who was the subject of an abuse or neglect
5    investigation at any time during the 12 months preceding
6    the child's death.
7        (5) Any other child whose death is reported to the
8    State central register as a result of alleged child abuse
9    or neglect which report is subsequently indicated.
10    A child death review team may, at its discretion, review
11other sudden, unexpected, or unexplained child deaths, cases
12of serious or fatal injuries to a child identified under the
13Children's Advocacy Center Act, and all unfounded child death
14cases.
15    (b) A child death review team's purpose in conducting
16reviews of child deaths is to do the following:
17        (1) Assist in determining the cause and manner of the
18    child's death, when requested.
19        (2) Evaluate means by which the death might have been
20    prevented.
21        (3) Report its findings to appropriate agencies and
22    make recommendations that may help to reduce the number of
23    child deaths caused by abuse or neglect.
24        (4) Promote continuing education for professionals
25    involved in investigating, treating, and preventing child
26    abuse and neglect as a means of preventing child deaths

 

 

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1    due to abuse or neglect.
2        (5) Make specific recommendations to the Director and
3    the Inspector General of the Department concerning the
4    prevention of child deaths due to abuse or neglect and the
5    establishment of protocols for investigating child deaths.
6    (c) A child death review team shall review a child death as
7soon as practical and not later than 90 days following the
8completion by the Department of the investigation of the death
9under the Abused and Neglected Child Reporting Act. When there
10has been no investigation by the Department, the child death
11review team shall review a child's death within 90 days after
12obtaining the information necessary to complete the review
13from the coroner, pathologist, medical examiner, or law
14enforcement agency, depending on the nature of the case. A
15child death review team shall meet at least once in each
16calendar quarter.
17    (d) The Director shall, within 90 days, review and reply
18to recommendations made by a team under item (5) of subsection
19(b). With respect to each recommendation made by a team, the
20Director shall submit the Director's his or her reply both to
21the chairperson of that team and to the chairperson of the
22Executive Council. The Director's reply to each recommendation
23must include a statement as to whether the Director intends to
24implement the recommendation. The Director shall meet in
25person with the Executive Council at least every 60 days to
26discuss recommendations and the Department's responses.

 

 

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1    The Director shall implement recommendations as feasible
2and appropriate and shall respond in writing to explain the
3implementation or nonimplementation of the recommendations.
4    (e) Within 90 days after the Director submits a reply with
5respect to a recommendation as required by subsection (d), the
6Director must submit an additional report that sets forth in
7detail the way, if any, in which the Director will implement
8the recommendation and the schedule for implementing the
9recommendation. The Director shall submit this report to the
10chairperson of the team that made the recommendation and to
11the chairperson of the Executive Council.
12    (f) Within 180 days after the Director submits a report
13under subsection (e) concerning the implementation of a
14recommendation, the Director shall submit a further report to
15the chairperson of the team that made the recommendation and
16to the chairperson of the Executive Council. This report shall
17set forth the specific changes in the Department's policies
18and procedures that have been made in response to the
19recommendation.
20(Source: P.A. 100-159, eff. 8-18-17; 100-1122, eff. 11-27-18.)
 
21    Section 20. The Foster Parent Law is amended by changing
22Sections 1-5, 1-15, and 1-20 as follows:
 
23    (20 ILCS 520/1-5)
24    Sec. 1-5. Legislative findings. Family foster care is an

 

 

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1essential service for children and their families who have
2been separated due to the tragedy of child abuse, neglect, or
3dependency. When children have been separated from their
4families, it is the responsibility of the child welfare team
5to respond to the needs of the children and their families by
6means including (i) providing protection and nurture to
7children in a safe, healthy environment; (ii) meeting the
8developmental and emotional needs of the children, including
9maintaining and promoting a child's emotional attachment to a
10child's his or her own family; (iii) protecting and promoting
11the child's cultural identity and heritage; and (iv) working
12toward permanency for children by connecting them to safe,
13nurturing relationships intended to last a lifetime,
14preferably with their own family.
15    Foster parents are an essential part of and fulfill an
16integral role on the child welfare team along with children in
17care who are old enough to participate in planning and
18services, parents of children in care, caseworkers, and other
19professionals serving the child and family. By providing care
20for children and supporting the attachment of children to
21their families in a manner sensitive to each child's and
22family's unique needs, the foster parent serves the child, the
23family, and the community.
24    In order to successfully fulfill their role on the
25professional child welfare team, foster parents must be
26committed to the goal of the child welfare program and must

 

 

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1provide care to children and promote the best interests of the
2children and families served. In order to achieve this goal,
3foster parents must understand and be sensitive to issues of
4culture, ethnicity, religion, and children's connectedness
5with their families and must maintain a level of care,
6conduct, and demeanor that is consistent with the high
7professional ethics demanded of all other members of the child
8welfare team.
9    The General Assembly finds that there is a need to
10establish public policy regarding the role of foster parents.
11The General Assembly establishes this statement of foster
12parents' rights and responsibilities, which shall apply to all
13foster parents in the State of Illinois, whether supervised by
14the Department of Children and Family Services or by another
15agency under contract to the Department of Children and Family
16Services to provide foster care services.
17(Source: P.A. 89-19, eff. 6-3-95.)
 
18    (20 ILCS 520/1-15)
19    Sec. 1-15. Foster parent rights. A foster parent's rights
20include, but are not limited to, the following:
21        (1) The right to be treated with dignity, respect, and
22    consideration as a professional member of the child
23    welfare team.
24        (2) The right to be given standardized pre-service
25    training and appropriate ongoing training to meet mutually

 

 

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1    assessed needs and improve the foster parent's skills.
2        (3) The right to be informed as to how to contact the
3    appropriate child placement agency in order to receive
4    information and assistance to access supportive services
5    for children in the foster parent's care.
6        (4) The right to receive timely financial
7    reimbursement commensurate with the care needs of the
8    child as specified in the service plan.
9        (5) The right to be provided a clear, written
10    understanding of a placement agency's plan concerning the
11    placement of a child in the foster parent's home. Inherent
12    in this right is the foster parent's responsibility to
13    support activities that will promote the child's right to
14    relationships with the child's his or her own family and
15    cultural heritage.
16        (6) The right to be provided a fair, timely, and
17    impartial investigation of complaints concerning the
18    foster parent's licensure, to be provided the opportunity
19    to have a person of the foster parent's choosing present
20    during the investigation, and to be provided due process
21    during the investigation; the right to be provided the
22    opportunity to request and receive mediation or an
23    administrative review of decisions that affect licensing
24    parameters, or both mediation and an administrative
25    review; and the right to have decisions concerning a
26    licensing corrective action plan specifically explained

 

 

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1    and tied to the licensing standards violated.
2        (7) The right, at any time during which a child is
3    placed with the foster parent, to receive additional or
4    necessary information that is relevant to the care of the
5    child.
6        (7.5) The right to be given information concerning a
7    child (i) from the Department as required under subsection
8    (u) of Section 5 of the Children and Family Services Act
9    and (ii) from a child welfare agency as required under
10    subsection (c-5) of Section 7.4 of the Child Care Act of
11    1969.
12        (8) The right to be notified of scheduled meetings and
13    staffings concerning the foster child in order to actively
14    participate in the case planning and decision-making
15    process regarding the child, including individual service
16    planning meetings, administrative case reviews,
17    interdisciplinary staffings, and individual educational
18    planning meetings; the right to be informed of decisions
19    made by the courts or the child welfare agency concerning
20    the child; the right to provide input concerning the plan
21    of services for the child and to have that input given full
22    consideration in the same manner as information presented
23    by any other professional on the team; and the right to
24    communicate with other professionals who work with the
25    foster child within the context of the team, including
26    therapists, physicians, attending health care

 

 

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1    professionals, and teachers.
2        (9) The right to be given, in a timely and consistent
3    manner, any information a case worker has regarding the
4    child and the child's family which is pertinent to the
5    care and needs of the child and to the making of a
6    permanency plan for the child. Disclosure of information
7    concerning the child's family shall be limited to that
8    information that is essential for understanding the needs
9    of and providing care to the child in order to protect the
10    rights of the child's family. When a positive relationship
11    exists between the foster parent and the child's family,
12    the child's family may consent to disclosure of additional
13    information.
14        (10) The right to be given reasonable written notice
15    of (i) any change in a child's case plan, (ii) plans to
16    terminate the placement of the child with the foster
17    parent, and (iii) the reasons for the change or
18    termination in placement. The notice shall be waived only
19    in cases of a court order or when the child is determined
20    to be at imminent risk of harm.
21        (11) The right to be notified in a timely and complete
22    manner of all court hearings, including notice of the date
23    and time of the court hearing, the name of the judge or
24    hearing officer hearing the case, the location of the
25    hearing, and the court docket number of the case; and the
26    right to intervene in court proceedings or to seek

 

 

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1    mandamus under the Juvenile Court Act of 1987.
2        (12) The right to be considered as a placement option
3    when a foster child who was formerly placed with the
4    foster parent is to be re-entered into foster care, if
5    that placement is consistent with the best interest of the
6    child and other children in the foster parent's home.
7        (13) The right to have timely access to the child
8    placement agency's existing appeals process and the right
9    to be free from acts of harassment and retaliation by any
10    other party when exercising the right to appeal.
11        (14) The right to be informed of the Foster Parent
12    Hotline established under Section 35.6 of the Children and
13    Family Services Act and all of the rights accorded to
14    foster parents concerning reports of misconduct by
15    Department employees, service providers, or contractors,
16    confidential handling of those reports, and investigation
17    by the Inspector General appointed under Section 35.5 of
18    the Children and Family Services Act.
19(Source: P.A. 99-581, eff. 1-1-17.)
 
20    (20 ILCS 520/1-20)
21    Sec. 1-20. Foster parent responsibilities. A foster
22parent's responsibilities include, but are not limited to, the
23following:
24        (1) The responsibility to openly communicate and share
25    information about the child with other members of the

 

 

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1    child welfare team.
2        (2) The responsibility to respect the confidentiality
3    of information concerning foster children and their
4    families and act appropriately within applicable
5    confidentiality laws and regulations.
6        (3) The responsibility to advocate for children in the
7    foster parent's care.
8        (4) The responsibility to treat children in the foster
9    parent's care and the children's families with dignity,
10    respect, and consideration.
11        (5) The responsibility to recognize the foster
12    parent's own individual and familial strengths and
13    limitations when deciding whether to accept a child into
14    care; and the responsibility to recognize the foster
15    parent's own support needs and utilize appropriate
16    supports in providing care for foster children.
17        (6) The responsibility to be aware of the benefits of
18    relying on and affiliating with other foster parents and
19    foster parent associations in improving the quality of
20    care and service to children and families.
21        (7) The responsibility to assess the foster parent's
22    ongoing individual training needs and take action to meet
23    those needs.
24        (8) The responsibility to develop and assist in
25    implementing strategies to prevent placement disruptions,
26    recognizing the traumatic impact of placement disruptions

 

 

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1    on a foster child and all members of the foster family; and
2    the responsibility to provide emotional support for the
3    foster children and members of the foster family if
4    preventive strategies fail and placement disruptions
5    occur.
6        (9) The responsibility to know the impact foster
7    parenting has on individuals and family relationships; and
8    the responsibility to endeavor to minimize, as much as
9    possible, any stress that results from foster parenting.
10        (10) The responsibility to know the rewards and
11    benefits to children, parents, families, and society that
12    come from foster parenting and to promote the foster
13    parenting experience in a positive way.
14        (11) The responsibility to know the roles, rights, and
15    responsibilities of foster parents, other professionals in
16    the child welfare system, the foster child, and the foster
17    child's own family.
18        (12) The responsibility to know and, as necessary,
19    fulfill the foster parent's responsibility to serve as a
20    mandated reporter of suspected child abuse or neglect
21    under the Abused and Neglected Child Reporting Act; and
22    the responsibility to know the child welfare agency's
23    policy regarding allegations that foster parents have
24    committed child abuse or neglect and applicable
25    administrative rules and procedures governing
26    investigations of those allegations.

 

 

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1        (13) The responsibility to know and receive training
2    regarding the purpose of administrative case reviews,
3    client service plans, and court processes, as well as any
4    filing or time requirements associated with those
5    proceedings; and the responsibility to actively
6    participate in the foster parent's designated role in
7    these proceedings.
8        (14) The responsibility to know the child welfare
9    agency's appeal procedure for foster parents and the
10    rights of foster parents under the procedure.
11        (15) The responsibility to know and understand the
12    importance of maintaining accurate and relevant records
13    regarding the child's history and progress; and the
14    responsibility to be aware of and follow the procedures
15    and regulations of the child welfare agency with which the
16    foster parent is licensed or affiliated.
17        (16) The responsibility to share information, through
18    the child welfare team, with the subsequent caregiver
19    (whether the child's parent or another substitute
20    caregiver) regarding the child's adjustment in the foster
21    parent's home.
22        (17) The responsibility to provide care and services
23    that are respectful of and responsive to the child's
24    cultural needs and are supportive of the relationship
25    between the child and the child's his or her own family;
26    the responsibility to recognize the increased importance

 

 

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1    of maintaining a child's cultural identity when the race
2    or culture of the foster family differs from that of the
3    foster child; and the responsibility to take action to
4    address these issues.
5(Source: P.A. 89-19, eff. 6-3-95.)
 
6    Section 25. The Foster Children's Bill of Rights Act is
7amended by changing Section 5 as follows:
 
8    (20 ILCS 521/5)
9    Sec. 5. Foster Children's Bill of Rights. It is the policy
10of this State that every child and adult in the care of the
11Department of Children and Family Services who is placed in
12foster care shall have the following rights:
13        (1) To live in a safe, healthy, and comfortable home
14    where they are he or she is treated with respect.
15        (2) To be free from physical, sexual, emotional, or
16    other abuse, or corporal punishment.
17        (3) To receive adequate and healthy food, adequate
18    clothing, and, for youth in group homes, residential
19    treatment facilities, and foster homes, an allowance.
20        (4) To receive medical, dental, vision, and mental
21    health services.
22        (5) To be free of the administration of medication or
23    chemical substances, unless authorized by a physician.
24        (6) To contact family members, unless prohibited by

 

 

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1    court order, and social workers, attorneys, foster youth
2    advocates and supporters, Court Appointed Special
3    Advocates (CASAs), and probation officers.
4        (7) To visit and contact siblings brothers and
5    sisters, unless prohibited by court order.
6        (8) To contact the Advocacy Office for Children and
7    Families established under the Children and Family
8    Services Act or the Department of Children and Family
9    Services' Office of the Inspector General regarding
10    violations of rights, to speak to representatives of these
11    offices confidentially, and to be free from threats or
12    punishment for making complaints.
13        (9) To make and receive confidential telephone calls
14    and send and receive unopened mail, unless prohibited by
15    court order.
16        (10) To attend religious services and activities of
17    their his or her choice.
18        (11) To maintain an emancipation bank account and
19    manage personal income, consistent with the child's age
20    and developmental level, unless prohibited by the case
21    plan.
22        (12) To not be locked in a room, building, or facility
23    premises, unless placed in a secure child care facility
24    licensed by the Department of Children and Family Services
25    under the Child Care Act of 1969 and placed pursuant to
26    Section 2-27.1 of the Juvenile Court Act of 1987.

 

 

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1        (13) To attend school and participate in
2    extracurricular, cultural, and personal enrichment
3    activities, consistent with the child's age and
4    developmental level, with minimal disruptions to school
5    attendance and educational stability.
6        (14) To work and develop job skills at an
7    age-appropriate level, consistent with State law.
8        (15) To have social contacts with people outside of
9    the foster care system, including teachers, church
10    members, mentors, and friends.
11        (16) If they meet he or she meets age requirements, to
12    attend services and programs operated by the Department of
13    Children and Family Services or any other appropriate
14    State agency that aim to help current and former foster
15    youth achieve self-sufficiency prior to and after leaving
16    foster care.
17        (17) To attend court hearings and speak to the judge.
18        (18) To have storage space for private use.
19        (19) To be involved in the development of their his or
20    her own case plan and plan for permanent placement.
21        (20) To review their his or her own case plan and plan
22    for permanent placement, if they are he or she is 12 years
23    of age or older and in a permanent placement, and to
24    receive information about their his or her out-of-home
25    placement and case plan, including being told of changes
26    to the case plan.

 

 

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1        (21) To be free from unreasonable searches of personal
2    belongings.
3        (22) To the confidentiality of all juvenile court
4    records consistent with existing law.
5        (23) To have fair and equal access to all available
6    services, placement, care, treatment, and benefits, and to
7    not be subjected to discrimination or harassment on the
8    basis of actual or perceived race, ethnic group
9    identification, ancestry, national origin, color,
10    religion, sex, sexual orientation, gender identity, mental
11    or physical disability, or HIV status.
12        (24) To have caregivers and child welfare personnel
13    who have received sensitivity training and instruction on
14    matters concerning race, ethnicity, national origin,
15    color, ancestry, religion, mental and physical disability,
16    and HIV status.
17        (25) To have caregivers and child welfare personnel
18    who have received instruction on cultural competency and
19    sensitivity relating to, and best practices for, providing
20    adequate care to lesbian, gay, bisexual, and transgender
21    youth in out-of-home care.
22        (26) At 16 years of age or older, to have access to
23    existing information regarding the educational options
24    available, including, but not limited to, the coursework
25    necessary for vocational and postsecondary educational
26    programs, and information regarding financial aid for

 

 

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1    postsecondary education.
2        (27) To have access to age-appropriate, medically
3    accurate information about reproductive health care, the
4    prevention of unplanned pregnancy, and the prevention and
5    treatment of sexually transmitted infections at 12 years
6    of age or older.
7        (28) To receive a copy of this Act from and have it
8    fully explained by the Department of Children and Family
9    Services when the child or adult is placed in the care of
10    the Department of Children and Family Services.
11        (29) To be placed in the least restrictive and most
12    family-like setting available and in close proximity to
13    their his or her parent's home consistent with their his
14    or her health, safety, best interests, and special needs.
15(Source: P.A. 99-344, eff. 1-1-16; 100-189, eff. 1-1-18.)
 
16    Section 30. The Statewide Foster Care Advisory Council Law
17is amended by changing Section 5-10 as follows:
 
18    (20 ILCS 525/5-10)
19    Sec. 5-10. Membership.
20    (a) The Statewide Foster Care Advisory Council shall
21consist of the following membership:
22        (1) 2 foster parents from the Department's southern
23    and northern administrative regions; 3 foster parents from
24    the Department's central administrative region; and 2

 

 

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1    foster parents from each of the Department's Cook County
2    administrative regions. One of the 6 foster parents
3    representing the Cook County administrative regions shall
4    be the current President of the Cook County Foster Parent
5    Advisory Committee;
6        (2) 2 foster parents representing the Department's
7    Child Welfare Advisory Committee, with at least one foster
8    parent residing in Cook County;
9        (3) 2 foster care professionals representing the
10    Department's Child Welfare Advisory Committee to represent
11    agencies providing foster care services under contract to
12    the Department;
13        (4) the current president of the Illinois Foster
14    Parent Association; and
15        (5) 4 other non-Department persons with recognized
16    expertise regarding foster care who shall be nominated by
17    the Director of the Department ("the Director").
18    Each Administrator of the Department's specified
19administrative regions shall make recommendations of foster
20parents for appointment as members to the Director. The
21recommendations of the Regional Administrator shall be based
22upon consultation by the Regional Administrator with organized
23foster parent groups and Department staff.
24    All appointments to the Council shall be made in writing
25by the Director. In soliciting and making appointments, the
26Director shall make all reasonable efforts to ensure the

 

 

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1membership of the Council is culturally diverse and
2representative and also geographically representative of the
3Department's administrative regions.
4    (b) Each member shall be appointed for a term of 3 years.
5No member shall be appointed to more than 2 terms, except the
6President of the Illinois Foster Parent Association and the
7President of the Cook County Foster Parent Association may
8serve as long as the member he or she holds office. Members
9shall continue to serve until their successors are appointed.
10The terms of original members and of members subsequently
11appointed to fill vacancies created by a change in the number
12of the Council's members shall be determined to assure as
13nearly as possible that the terms of one-third of the members
14in each sector expire each year on June 30th. The original
15members in each sector shall determine by lot the length of
16each member's term, one-third to be for 3 years, one-third to
17be for 2 years, and one-third to be for one year, and the
18Council's secretary shall record the results. Thereafter, any
19member appointed to fill a vacancy other than one created by
20the expiration of a regular 3 year term shall be appointed for
21the unexpired term of the predecessor member, or in the case of
22new memberships created by change in number of members, for
23such term as is appropriate under this subsection.
24    (c) Members of the Advisory Council shall serve without
25compensation, except that the Department shall reimburse
26members for travel and per diem expenses associated with

 

 

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1participation in Advisory Council meetings and activities.
2Reimbursement shall be consistent with Illinois Department of
3Central Management Services rules, as approved by the
4Governor's Travel Control Board.
5(Source: P.A. 89-19, eff. 6-3-95.)
 
6    Section 35. The Department of Children and Family Services
7Statewide Youth Advisory Board Act is amended by changing
8Section 15 as follows:
 
9    (20 ILCS 527/15)
10    Sec. 15. Meetings.
11    (a) Regular meetings of the regional youth advisory boards
12shall be held monthly.
13    (b) Regular meetings of the Statewide Youth Advisory Board
14shall be held at least 5 times per year.
15    (c) The Director of the Department or the Director's his
16or her designee shall meet with the Statewide Youth Advisory
17Board at least quarterly in order to discuss the issues and
18concerns of youth in foster care.
19    (d) All meetings shall take place at locations, dates, and
20times determined by the Department or its designee in
21accordance with the bylaws for the Statewide Youth Advisory
22Board and the regional youth advisory boards.
23(Source: P.A. 98-806, eff. 1-1-15.)
 

 

 

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1    Section 40. The Interstate Compact on Adoption Act is
2amended by changing Section 5-35 as follows:
 
3    (45 ILCS 17/5-35)
4    Sec. 5-35. Medical assistance.
5    (a) A child with special needs who resides in this State
6and who is the subject of an adoption assistance agreement
7with another state shall be eligible for medical assistance
8from this State under Article V of the Illinois Public Aid Code
9upon the filing of agreed documentation obtained from the
10assistance state and filed with the Department of Healthcare
11and Family Services. The Department of Children and Family
12Services shall be required at least annually to establish that
13the agreement is still in force or has been renewed.
14    (b) If a child (i) is in another state, (ii) is covered by
15an adoption assistance agreement made by the Illinois
16Department of Children and Family Services, and (iii) was
17eligible for medical assistance under Article V of the
18Illinois Public Aid Code at the time the child he or she
19resided in this State and would continue to be eligible for
20that assistance if the child he or she was currently residing
21in this State, then that child is eligible for medical
22assistance under Article V of the Illinois Public Aid Code,
23but only for those medical assistance benefits under Article V
24that are not provided by the other state. There shall be no
25payment or reimbursement by this State for services or

 

 

SB3961- 119 -LRB102 22864 WGH 32015 b

1benefits covered under any insurance or other third party
2medical contract or arrangement held by the child or the
3adoptive parents.
4    (c) The submission of any claim for payment or
5reimbursement for services or benefits pursuant to this
6Section or the making of any statement in connection
7therewith, which claim or statement the maker knows or should
8know to be false, misleading, or fraudulent, shall be
9punishable as perjury and shall also be subject to a fine not
10to exceed $10,000 or imprisonment for not to exceed 2 years, or
11both.
12    (d) The provisions of this Section shall apply only to
13medical assistance for children under adoption assistance
14agreements from states that have entered into a compact with
15this State under which the other state provided medical
16assistance to children with special needs under adoption
17assistance agreements made by this State.
18    (e) The Illinois Department of Children and Family
19Services and the Department of Healthcare and Family Services
20may adopt all rules necessary to implement this Section.
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    Section 45. The Child Care Act of 1969 is amended by
23changing Sections 2.24, 3.3, 4.1, 4.2, 5.1, 5.3, 7, 7.2, 7.3,
247.4, 7.6, 7.7, 9, 9.1b, 12, 14.5, 14.7, and 18 as follows:
 

 

 

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1    (225 ILCS 10/2.24)
2    Sec. 2.24. "Adoption services" includes any one or more of
3the following services performed for any type of compensation
4or thing of value, directly or indirectly: (i) arranging for
5the placement of or placing out a child, (ii) identifying a
6child for adoption, (iii) matching adoptive parents with birth
7biological parents, (iv) arranging or facilitating an
8adoption, (v) taking or acknowledging consents or surrenders
9for termination of parental rights for purposes of adoption,
10as defined in the Adoption Act, (vi) performing background
11studies on a child or adoptive parents, (vii) making
12determinations of the best interests of a child and the
13appropriateness of adoptive placement for the child, or (viii)
14post-placement monitoring of a child prior to adoption.
15"Adoption services" does not include the following: (1) the
16provision of legal services by a licensed attorney for which
17the attorney must be licensed as an attorney under Illinois
18law, (2) adoption-related services performed by public
19governmental entities or entities or persons performing
20investigations by court appointment as described in subsection
21A of Section 6 of the Adoption Act, (3) prospective birth
22biological parents or adoptive parents operating on their own
23behalf, (4) the provision of general education and training on
24adoption-related topics, or (5) post-adoption services,
25including supportive services to families to promote the
26well-being of members of adoptive families or birth families.

 

 

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1(Source: P.A. 94-586, eff. 8-15-05.)
 
2    (225 ILCS 10/3.3)
3    Sec. 3.3. Requirements for criminal background checks for
4adoption-only homes. In approving an adoption-only home
5pursuant to Section 3.2 of this Act, if an adult resident has
6an arrest or conviction record, the licensed child welfare
7agency:
8        (1) shall thoroughly investigate and evaluate the
9    criminal history of the resident and, in so doing, include
10    an assessment of the applicant's character and, in the
11    case of the prospective adoptive parent, the impact that
12    the criminal history has on the prospective adoptive
13    parent's his or her ability to parent the child; the
14    investigation should consider the type of crime, the
15    number of crimes, the nature of the offense, the age at
16    time of crime, the length of time that has elapsed since
17    the last conviction, the relationship of the crime to the
18    ability to care for children, and any evidence of
19    rehabilitation;
20        (2) shall not approve the home if the record reveals a
21    felony conviction for crimes against a child, including,
22    but not limited to, child abuse or neglect, child
23    pornography, rape, sexual assault, or homicide;
24        (3) shall not approve the home if the record reveals a
25    felony conviction within the last 5 years, including, but

 

 

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1    not limited to, for physical assault, battery,
2    drug-related offenses, or spousal abuse; and
3        (4) shall not approve the home if the record reveals a
4    felony conviction for homicide, rape, or sexual assault.
5(Source: P.A. 99-833, eff. 1-1-17.)
 
6    (225 ILCS 10/4.1)  (from Ch. 23, par. 2214.1)
7    Sec. 4.1. Criminal Background Investigations. The
8Department shall require that each child care facility license
9applicant as part of the application process, and each
10employee and volunteer of a child care facility or
11non-licensed service provider, as a condition of employment,
12authorize an investigation to determine if such applicant,
13employee, or volunteer has ever been charged with a crime and
14if so, the disposition of those charges; this authorization
15shall indicate the scope of the inquiry and the agencies which
16may be contacted. Upon this authorization, the Director shall
17request and receive information and assistance from any
18federal, State or local governmental agency as part of the
19authorized investigation. Each applicant, employee, or
20volunteer of a child care facility or non-licensed service
21provider shall submit the applicant's, employee's, or
22volunteer's his or her fingerprints to the Illinois State
23Police in the form and manner prescribed by the Illinois State
24Police. These fingerprints shall be checked against the
25fingerprint records now and hereafter filed in the Illinois

 

 

SB3961- 123 -LRB102 22864 WGH 32015 b

1State Police and Federal Bureau of Investigation criminal
2history records databases. The Illinois State Police shall
3charge a fee for conducting the criminal history records
4check, which shall be deposited in the State Police Services
5Fund and shall not exceed the actual cost of the records check.
6The Illinois State Police shall provide information concerning
7any criminal charges, and their disposition, now or hereafter
8filed, against an applicant, employee, or volunteer of a child
9care facility or non-licensed service provider upon request of
10the Department of Children and Family Services when the
11request is made in the form and manner required by the Illinois
12State Police.
13    Information concerning convictions of a license applicant,
14employee, or volunteer of a child care facility or
15non-licensed service provider investigated under this Section,
16including the source of the information and any conclusions or
17recommendations derived from the information, shall be
18provided, upon request, to such applicant, employee, or
19volunteer of a child care facility or non-licensed service
20provider prior to final action by the Department on the
21application. State conviction information provided by the
22Illinois State Police regarding employees, prospective
23employees, or volunteers of non-licensed service providers and
24child care facilities licensed under this Act shall be
25provided to the operator of such facility, and, upon request,
26to the employee, prospective employee, or volunteer of a child

 

 

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1care facility or non-licensed service provider. Any
2information concerning criminal charges and the disposition of
3such charges obtained by the Department shall be confidential
4and may not be transmitted outside the Department, except as
5required herein, and may not be transmitted to anyone within
6the Department except as needed for the purpose of evaluating
7an application or an employee or volunteer of a child care
8facility or non-licensed service provider. Only information
9and standards which bear a reasonable and rational relation to
10the performance of a child care facility shall be used by the
11Department or any licensee. Any employee of the Department of
12Children and Family Services, Illinois State Police, or a
13child care facility receiving confidential information under
14this Section who gives or causes to be given any confidential
15information concerning any criminal convictions of an
16applicant, employee, or volunteer of a child care facility or
17non-licensed service provider, shall be guilty of a Class A
18misdemeanor unless release of such information is authorized
19by this Section.
20    A child care facility may hire, on a probationary basis,
21any employee or volunteer of a child care facility or
22non-licensed service provider authorizing a criminal
23background investigation under this Section, pending the
24result of such investigation. Employees and volunteers of a
25child care facility or non-licensed service provider shall be
26notified prior to hiring that such employment may be

 

 

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1terminated on the basis of criminal background information
2obtained by the facility.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
5    Sec. 4.2. (a) No applicant may receive a license from the
6Department and no person may be employed by a licensed child
7care facility who refuses to authorize an investigation as
8required by Section 4.1.
9    (b) In addition to the other provisions of this Section,
10no applicant may receive a license from the Department and no
11person may be employed by a child care facility licensed by the
12Department who has been declared a sexually dangerous person
13under the Sexually Dangerous Persons Act "An Act in relation
14to sexually dangerous persons, and providing for their
15commitment, detention and supervision", approved July 6, 1938,
16as amended, or convicted of committing or attempting to commit
17any of the following offenses stipulated under the Criminal
18Code of 1961 or the Criminal Code of 2012:
19        (1) murder;
20        (1.1) solicitation of murder;
21        (1.2) solicitation of murder for hire;
22        (1.3) intentional homicide of an unborn child;
23        (1.4) voluntary manslaughter of an unborn child;
24        (1.5) involuntary manslaughter;
25        (1.6) reckless homicide;

 

 

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1        (1.7) concealment of a homicidal death;
2        (1.8) involuntary manslaughter of an unborn child;
3        (1.9) reckless homicide of an unborn child;
4        (1.10) drug-induced homicide;
5        (2) a sex offense under Article 11, except offenses
6    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
7    11-40, and 11-45;
8        (3) kidnapping;
9        (3.1) aggravated unlawful restraint;
10        (3.2) forcible detention;
11        (3.3) harboring a runaway;
12        (3.4) aiding and abetting child abduction;
13        (4) aggravated kidnapping;
14        (5) child abduction;
15        (6) aggravated battery of a child as described in
16    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
17        (7) criminal sexual assault;
18        (8) aggravated criminal sexual assault;
19        (8.1) predatory criminal sexual assault of a child;
20        (9) criminal sexual abuse;
21        (10) aggravated sexual abuse;
22        (11) heinous battery as described in Section 12-4.1 or
23    subdivision (a)(2) of Section 12-3.05;
24        (12) aggravated battery with a firearm as described in
25    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
26    (e)(4) of Section 12-3.05;

 

 

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1        (13) tampering with food, drugs, or cosmetics;
2        (14) drug induced infliction of great bodily harm as
3    described in Section 12-4.7 or subdivision (g)(1) of
4    Section 12-3.05;
5        (15) hate crime;
6        (16) stalking;
7        (17) aggravated stalking;
8        (18) threatening public officials;
9        (19) home invasion;
10        (20) vehicular invasion;
11        (21) criminal transmission of HIV;
12        (22) criminal abuse or neglect of an elderly person or
13    person with a disability as described in Section 12-21 or
14    subsection (e) of Section 12-4.4a;
15        (23) child abandonment;
16        (24) endangering the life or health of a child;
17        (25) ritual mutilation;
18        (26) ritualized abuse of a child;
19        (27) an offense in any other jurisdiction the elements
20    of which are similar and bear a substantial relationship
21    to any of the foregoing offenses.
22    (b-1) In addition to the other provisions of this Section,
23beginning January 1, 2004, no new applicant and, on the date of
24licensure renewal, no current licensee may operate or receive
25a license from the Department to operate, no person may be
26employed by, and no adult person may reside in a child care

 

 

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1facility licensed by the Department who has been convicted of
2committing or attempting to commit any of the following
3offenses or an offense in any other jurisdiction the elements
4of which are similar and bear a substantial relationship to
5any of the following offenses:
 
6
(I) BODILY HARM

 
7        (1) Felony aggravated assault.
8        (2) Vehicular endangerment.
9        (3) Felony domestic battery.
10        (4) Aggravated battery.
11        (5) Heinous battery.
12        (6) Aggravated battery with a firearm.
13        (7) Aggravated battery of an unborn child.
14        (8) Aggravated battery of a senior citizen.
15        (9) Intimidation.
16        (10) Compelling organization membership of persons.
17        (11) Abuse and criminal neglect of a long term care
18    facility resident.
19        (12) Felony violation of an order of protection.
 
20
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
21        (1) Felony unlawful use of weapons.
22        (2) Aggravated discharge of a firearm.

 

 

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1        (3) Reckless discharge of a firearm.
2        (4) Unlawful use of metal piercing bullets.
3        (5) Unlawful sale or delivery of firearms on the
4    premises of any school.
5        (6) Disarming a police officer.
6        (7) Obstructing justice.
7        (8) Concealing or aiding a fugitive.
8        (9) Armed violence.
9        (10) Felony contributing to the criminal delinquency
10    of a juvenile.
 
11
(III) DRUG OFFENSES

 
12        (1) Possession of more than 30 grams of cannabis.
13        (2) Manufacture of more than 10 grams of cannabis.
14        (3) Cannabis trafficking.
15        (4) Delivery of cannabis on school grounds.
16        (5) Unauthorized production of more than 5 cannabis
17    sativa plants.
18        (6) Calculated criminal cannabis conspiracy.
19        (7) Unauthorized manufacture or delivery of controlled
20    substances.
21        (8) Controlled substance trafficking.
22        (9) Manufacture, distribution, or advertisement of
23    look-alike substances.
24        (10) Calculated criminal drug conspiracy.

 

 

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1        (11) Street gang criminal drug conspiracy.
2        (12) Permitting unlawful use of a building.
3        (13) Delivery of controlled, counterfeit, or
4    look-alike substances to persons under age 18, or at truck
5    stops, rest stops, or safety rest areas, or on school
6    property.
7        (14) Using, engaging, or employing persons under 18 to
8    deliver controlled, counterfeit, or look-alike substances.
9        (15) Delivery of controlled substances.
10        (16) Sale or delivery of drug paraphernalia.
11        (17) Felony possession, sale, or exchange of
12    instruments adapted for use of a controlled substance,
13    methamphetamine, or cannabis by subcutaneous injection.
14        (18) Felony possession of a controlled substance.
15        (19) Any violation of the Methamphetamine Control and
16    Community Protection Act.
17    (b-1.5) In addition to any other provision of this
18Section, for applicants with access to confidential financial
19information or who submit documentation to support billing,
20the Department may, in its discretion, deny or refuse to renew
21a license to an applicant who has been convicted of committing
22or attempting to commit any of the following felony offenses:
23        (1) financial institution fraud under Section 17-10.6
24    of the Criminal Code of 1961 or the Criminal Code of 2012;
25        (2) identity theft under Section 16-30 of the Criminal
26    Code of 1961 or the Criminal Code of 2012;

 

 

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1        (3) financial exploitation of an elderly person or a
2    person with a disability under Section 17-56 of the
3    Criminal Code of 1961 or the Criminal Code of 2012;
4        (4) computer tampering under Section 17-51 of the
5    Criminal Code of 1961 or the Criminal Code of 2012;
6        (5) aggravated computer tampering under Section 17-52
7    of the Criminal Code of 1961 or the Criminal Code of 2012;
8        (6) computer fraud under Section 17-50 of the Criminal
9    Code of 1961 or the Criminal Code of 2012;
10        (7) deceptive practices under Section 17-1 of the
11    Criminal Code of 1961 or the Criminal Code of 2012;
12        (8) forgery under Section 17-3 of the Criminal Code of
13    1961 or the Criminal Code of 2012;
14        (9) State benefits fraud under Section 17-6 of the
15    Criminal Code of 1961 or the Criminal Code of 2012;
16        (10) mail fraud and wire fraud under Section 17-24 of
17    the Criminal Code of 1961 or the Criminal Code of 2012;
18        (11) theft under paragraphs (1.1) through (11) of
19    subsection (b) of Section 16-1 of the Criminal Code of
20    1961 or the Criminal Code of 2012.
21    (b-2) Notwithstanding subsection (b-1), the Department may
22make an exception and, for child care facilities other than
23foster family homes, issue a new child care facility license
24to or renew the existing child care facility license of an
25applicant, a person employed by a child care facility, or an
26applicant who has an adult residing in a home child care

 

 

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1facility who was convicted of an offense described in
2subsection (b-1), provided that all of the following
3requirements are met:
4        (1) The relevant criminal offense occurred more than 5
5    years prior to the date of application or renewal, except
6    for drug offenses. The relevant drug offense must have
7    occurred more than 10 years prior to the date of
8    application or renewal, unless the applicant passed a drug
9    test, arranged and paid for by the child care facility, no
10    less than 5 years after the offense.
11        (2) The Department must conduct a background check and
12    assess all convictions and recommendations of the child
13    care facility to determine if hiring or licensing the
14    applicant is in accordance with Department administrative
15    rules and procedures.
16        (3) The applicant meets all other requirements and
17    qualifications to be licensed as the pertinent type of
18    child care facility under this Act and the Department's
19    administrative rules.
20    (c) In addition to the other provisions of this Section,
21no applicant may receive a license from the Department to
22operate a foster family home, and no adult person may reside in
23a foster family home licensed by the Department, who has been
24convicted of committing or attempting to commit any of the
25following offenses stipulated under the Criminal Code of 1961,
26the Criminal Code of 2012, the Cannabis Control Act, the

 

 

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1Methamphetamine Control and Community Protection Act, and the
2Illinois Controlled Substances Act:
 
3
(I) OFFENSES DIRECTED AGAINST THE PERSON

 
4    (A) KIDNAPPING AND RELATED OFFENSES
5        (1) Unlawful restraint.
 
6    (B) BODILY HARM
7        (2) Felony aggravated assault.
8        (3) Vehicular endangerment.
9        (4) Felony domestic battery.
10        (5) Aggravated battery.
11        (6) Heinous battery.
12        (7) Aggravated battery with a firearm.
13        (8) Aggravated battery of an unborn child.
14        (9) Aggravated battery of a senior citizen.
15        (10) Intimidation.
16        (11) Compelling organization membership of persons.
17        (12) Abuse and criminal neglect of a long term care
18    facility resident.
19        (13) Felony violation of an order of protection.
 
20
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
21        (14) Felony theft.

 

 

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1        (15) Robbery.
2        (16) Armed robbery.
3        (17) Aggravated robbery.
4        (18) Vehicular hijacking.
5        (19) Aggravated vehicular hijacking.
6        (20) Burglary.
7        (21) Possession of burglary tools.
8        (22) Residential burglary.
9        (23) Criminal fortification of a residence or
10    building.
11        (24) Arson.
12        (25) Aggravated arson.
13        (26) Possession of explosive or explosive incendiary
14    devices.
 
15
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
16        (27) Felony unlawful use of weapons.
17        (28) Aggravated discharge of a firearm.
18        (29) Reckless discharge of a firearm.
19        (30) Unlawful use of metal piercing bullets.
20        (31) Unlawful sale or delivery of firearms on the
21    premises of any school.
22        (32) Disarming a police officer.
23        (33) Obstructing justice.
24        (34) Concealing or aiding a fugitive.

 

 

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1        (35) Armed violence.
2        (36) Felony contributing to the criminal delinquency
3    of a juvenile.
 
4
(IV) DRUG OFFENSES

 
5        (37) Possession of more than 30 grams of cannabis.
6        (38) Manufacture of more than 10 grams of cannabis.
7        (39) Cannabis trafficking.
8        (40) Delivery of cannabis on school grounds.
9        (41) Unauthorized production of more than 5 cannabis
10    sativa plants.
11        (42) Calculated criminal cannabis conspiracy.
12        (43) Unauthorized manufacture or delivery of
13    controlled substances.
14        (44) Controlled substance trafficking.
15        (45) Manufacture, distribution, or advertisement of
16    look-alike substances.
17        (46) Calculated criminal drug conspiracy.
18        (46.5) Streetgang criminal drug conspiracy.
19        (47) Permitting unlawful use of a building.
20        (48) Delivery of controlled, counterfeit, or
21    look-alike substances to persons under age 18, or at truck
22    stops, rest stops, or safety rest areas, or on school
23    property.
24        (49) Using, engaging, or employing persons under 18 to

 

 

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1    deliver controlled, counterfeit, or look-alike substances.
2        (50) Delivery of controlled substances.
3        (51) Sale or delivery of drug paraphernalia.
4        (52) Felony possession, sale, or exchange of
5    instruments adapted for use of a controlled substance,
6    methamphetamine, or cannabis by subcutaneous injection.
7        (53) Any violation of the Methamphetamine Control and
8    Community Protection Act.
9    (d) Notwithstanding subsection (c), the Department may
10make an exception and issue a new foster family home license or
11may renew an existing foster family home license of an
12applicant who was convicted of an offense described in
13subsection (c), provided all of the following requirements are
14met:
15        (1) The relevant criminal offense or offenses occurred
16    more than 10 years prior to the date of application or
17    renewal.
18        (2) The applicant had previously disclosed the
19    conviction or convictions to the Department for purposes
20    of a background check.
21        (3) After the disclosure, the Department either placed
22    a child in the home or the foster family home license was
23    issued.
24        (4) During the background check, the Department had
25    assessed and waived the conviction in compliance with the
26    existing statutes and rules in effect at the time of the

 

 

SB3961- 137 -LRB102 22864 WGH 32015 b

1    hire or licensure.
2        (5) The applicant meets all other requirements and
3    qualifications to be licensed as a foster family home
4    under this Act and the Department's administrative rules.
5        (6) The applicant has a history of providing a safe,
6    stable home environment and appears able to continue to
7    provide a safe, stable home environment.
8    (e) In evaluating the exception pursuant to subsections
9(b-2) and (d), the Department must carefully review any
10relevant documents to determine whether the applicant, despite
11the disqualifying convictions, poses a substantial risk to
12State resources or clients. In making such a determination,
13the following guidelines shall be used:
14        (1) the age of the applicant when the offense was
15    committed;
16        (2) the circumstances surrounding the offense;
17        (3) the length of time since the conviction;
18        (4) the specific duties and responsibilities
19    necessarily related to the license being applied for and
20    the bearing, if any, that the applicant's conviction
21    history may have on the applicant's his or her fitness to
22    perform these duties and responsibilities;
23        (5) the applicant's employment references;
24        (6) the applicant's character references and any
25    certificates of achievement;
26        (7) an academic transcript showing educational

 

 

SB3961- 138 -LRB102 22864 WGH 32015 b

1    attainment since the disqualifying conviction;
2        (8) a Certificate of Relief from Disabilities or
3    Certificate of Good Conduct; and
4        (9) anything else that speaks to the applicant's
5    character.
6(Source: P.A. 101-112, eff. 7-19-19.)
 
7    (225 ILCS 10/5.1)  (from Ch. 23, par. 2215.1)
8    Sec. 5.1. (a) The Department shall ensure that no day care
9center, group home or child care institution as defined in
10this Act shall on a regular basis transport a child or children
11with any motor vehicle unless such vehicle is operated by a
12person who complies with the following requirements:
13        1. is 21 years of age or older;
14        2. currently holds a valid driver's license, which has
15    not been revoked or suspended for one or more traffic
16    violations during the 3 years immediately prior to the
17    date of application;
18        3. demonstrates physical fitness to operate vehicles
19    by submitting the results of a medical examination
20    conducted by a licensed physician;
21        4. has not been convicted of more than 2 offenses
22    against traffic regulations governing the movement of
23    vehicles within a twelve month period;
24        5. has not been convicted of reckless driving or
25    driving under the influence or manslaughter or reckless

 

 

SB3961- 139 -LRB102 22864 WGH 32015 b

1    homicide resulting from the operation of a motor vehicle
2    within the past 3 years;
3        6. has signed and submitted a written statement
4    certifying that the person he has not, through the
5    unlawful operation of a motor vehicle, caused an accident
6    which resulted in the death of any person within the 5
7    years immediately prior to the date of application.
8    However, such day care centers, group homes and child care
9institutions may provide for transportation of a child or
10children for special outings, functions or purposes that are
11not scheduled on a regular basis without verification that
12drivers for such purposes meet the requirements of this
13Section.
14    (a-5) As a means of ensuring compliance with the
15requirements set forth in subsection (a), the Department shall
16implement appropriate measures to verify that every individual
17who is employed at a group home or child care institution meets
18those requirements.
19    For every person individual employed at a group home or
20child care institution who regularly transports children in
21the course of performing the person's his or her duties, the
22Department must make the verification every 2 years. Upon the
23Department's request, the Secretary of State shall provide the
24Department with the information necessary to enable the
25Department to make the verifications required under subsection
26(a).

 

 

SB3961- 140 -LRB102 22864 WGH 32015 b

1    In the case of an individual employed at a group home or
2child care institution who becomes subject to subsection (a)
3for the first time after the effective date of this amendatory
4Act of the 94th General Assembly, the Department must make
5that verification with the Secretary of State before the
6individual operates a motor vehicle to transport a child or
7children under the circumstances described in subsection (a).
8    In the case of an individual employed at a group home or
9child care institution who is subject to subsection (a) on the
10effective date of this amendatory Act of the 94th General
11Assembly, the Department must make that verification with the
12Secretary of State within 30 days after that effective date.
13    If the Department discovers that an individual fails to
14meet the requirements set forth in subsection (a), the
15Department shall promptly notify the appropriate group home or
16child care institution.
17    (b) Any individual who holds a valid Illinois school bus
18driver permit issued by the Secretary of State pursuant to The
19Illinois Vehicle Code, and who is currently employed by a
20school district or parochial school, or by a contractor with a
21school district or parochial school, to drive a school bus
22transporting children to and from school, shall be deemed in
23compliance with the requirements of subsection (a).
24    (c) The Department may, pursuant to Section 8 of this Act,
25revoke the license of any day care center, group home or child
26care institution that fails to meet the requirements of this

 

 

SB3961- 141 -LRB102 22864 WGH 32015 b

1Section.
2    (d) A group home or child care institution that fails to
3meet the requirements of this Section is guilty of a petty
4offense and is subject to a fine of not more than $1,000. Each
5day that a group home or child care institution fails to meet
6the requirements of this Section is a separate offense.
7(Source: P.A. 94-943, eff. 1-1-07.)
 
8    (225 ILCS 10/5.3)
9    Sec. 5.3. Lunches in day care homes. In order to increase
10the affordability and availability of day care, a day care
11home licensed under this Act may allow any child it receives to
12bring the child's his or her lunch for consumption instead of
13or in addition to the lunch provided by the day care home.
14(Source: P.A. 90-242, eff. 1-1-98.)
 
15    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
16    Sec. 7. (a) The Department must prescribe and publish
17minimum standards for licensing that apply to the various
18types of facilities for child care defined in this Act and that
19are equally applicable to like institutions under the control
20of the Department and to foster family homes used by and under
21the direct supervision of the Department. The Department shall
22seek the advice and assistance of persons representative of
23the various types of child care facilities in establishing
24such standards. The standards prescribed and published under

 

 

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1this Act take effect as provided in the Illinois
2Administrative Procedure Act, and are restricted to
3regulations pertaining to the following matters and to any
4rules and regulations required or permitted by any other
5Section of this Act:
6        (1) The operation and conduct of the facility and
7    responsibility it assumes for child care;
8        (2) The character, suitability and qualifications of
9    the applicant and other persons directly responsible for
10    the care and welfare of children served. All child day
11    care center licensees and employees who are required to
12    report child abuse or neglect under the Abused and
13    Neglected Child Reporting Act shall be required to attend
14    training on recognizing child abuse and neglect, as
15    prescribed by Department rules;
16        (3) The general financial ability and competence of
17    the applicant to provide necessary care for children and
18    to maintain prescribed standards;
19        (4) The number of individuals or staff required to
20    insure adequate supervision and care of the children
21    received. The standards shall provide that each child care
22    institution, maternity center, day care center, group
23    home, day care home, and group day care home shall have on
24    its premises during its hours of operation at least one
25    staff member certified in first aid, in the Heimlich
26    maneuver and in cardiopulmonary resuscitation by the

 

 

SB3961- 143 -LRB102 22864 WGH 32015 b

1    American Red Cross or other organization approved by rule
2    of the Department. Child welfare agencies shall not be
3    subject to such a staffing requirement. The Department may
4    offer, or arrange for the offering, on a periodic basis in
5    each community in this State in cooperation with the
6    American Red Cross, the American Heart Association or
7    other appropriate organization, voluntary programs to
8    train operators of foster family homes and day care homes
9    in first aid and cardiopulmonary resuscitation;
10        (5) The appropriateness, safety, cleanliness, and
11    general adequacy of the premises, including maintenance of
12    adequate fire prevention and health standards conforming
13    to State laws and municipal codes to provide for the
14    physical comfort, care, and well-being of children
15    received;
16        (6) Provisions for food, clothing, educational
17    opportunities, program, equipment and individual supplies
18    to assure the healthy physical, mental, and spiritual
19    development of children served;
20        (7) Provisions to safeguard the legal rights of
21    children served;
22        (8) Maintenance of records pertaining to the
23    admission, progress, health, and discharge of children,
24    including, for day care centers and day care homes,
25    records indicating each child has been immunized as
26    required by State regulations. The Department shall

 

 

SB3961- 144 -LRB102 22864 WGH 32015 b

1    require proof that children enrolled in a facility have
2    been immunized against Haemophilus Influenzae B (HIB);
3        (9) Filing of reports with the Department;
4        (10) Discipline of children;
5        (11) Protection and fostering of the particular
6    religious faith of the children served;
7        (12) Provisions prohibiting firearms on day care
8    center premises except in the possession of peace
9    officers;
10        (13) Provisions prohibiting handguns on day care home
11    premises except in the possession of peace officers or
12    other adults who must possess a handgun as a condition of
13    employment and who reside on the premises of a day care
14    home;
15        (14) Provisions requiring that any firearm permitted
16    on day care home premises, except handguns in the
17    possession of peace officers, shall be kept in a
18    disassembled state, without ammunition, in locked storage,
19    inaccessible to children and that ammunition permitted on
20    day care home premises shall be kept in locked storage
21    separate from that of disassembled firearms, inaccessible
22    to children;
23        (15) Provisions requiring notification of parents or
24    guardians enrolling children at a day care home of the
25    presence in the day care home of any firearms and
26    ammunition and of the arrangements for the separate,

 

 

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1    locked storage of such firearms and ammunition;
2        (16) Provisions requiring all licensed child care
3    facility employees who care for newborns and infants to
4    complete training every 3 years on the nature of sudden
5    unexpected infant death (SUID), sudden infant death
6    syndrome (SIDS), and the safe sleep recommendations of the
7    American Academy of Pediatrics; and
8        (17) With respect to foster family homes, provisions
9    requiring the Department to review quality of care
10    concerns and to consider those concerns in determining
11    whether a foster family home is qualified to care for
12    children.
13    By July 1, 2022, all licensed day care home providers,
14licensed group day care home providers, and licensed day care
15center directors and classroom staff shall participate in at
16least one training that includes the topics of early childhood
17social emotional learning, infant and early childhood mental
18health, early childhood trauma, or adverse childhood
19experiences. Current licensed providers, directors, and
20classroom staff shall complete training by July 1, 2022 and
21shall participate in training that includes the above topics
22at least once every 3 years.
23    (b) If, in a facility for general child care, there are
24children diagnosed as mentally ill or children diagnosed as
25having an intellectual or physical disability, who are
26determined to be in need of special mental treatment or of

 

 

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1nursing care, or both mental treatment and nursing care, the
2Department shall seek the advice and recommendation of the
3Department of Human Services, the Department of Public Health,
4or both Departments regarding the residential treatment and
5nursing care provided by the institution.
6    (c) The Department shall investigate any person applying
7to be licensed as a foster parent to determine whether there is
8any evidence of current drug or alcohol abuse in the
9prospective foster family. The Department shall not license a
10person as a foster parent if drug or alcohol abuse has been
11identified in the foster family or if a reasonable suspicion
12of such abuse exists, except that the Department may grant a
13foster parent license to an applicant identified with an
14alcohol or drug problem if the applicant has successfully
15participated in an alcohol or drug treatment program,
16self-help group, or other suitable activities and if the
17Department determines that the foster family home can provide
18a safe, appropriate environment and meet the physical and
19emotional needs of children.
20    (d) The Department, in applying standards prescribed and
21published, as herein provided, shall offer consultation
22through employed staff or other qualified persons to assist
23applicants and licensees in meeting and maintaining minimum
24requirements for a license and to help them otherwise to
25achieve programs of excellence related to the care of children
26served. Such consultation shall include providing information

 

 

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1concerning education and training in early childhood
2development to providers of day care home services. The
3Department may provide or arrange for such education and
4training for those providers who request such assistance.
5    (e) The Department shall distribute copies of licensing
6standards to all licensees and applicants for a license. Each
7licensee or holder of a permit shall distribute copies of the
8appropriate licensing standards and any other information
9required by the Department to child care facilities under its
10supervision. Each licensee or holder of a permit shall
11maintain appropriate documentation of the distribution of the
12standards. Such documentation shall be part of the records of
13the facility and subject to inspection by authorized
14representatives of the Department.
15    (f) The Department shall prepare summaries of day care
16licensing standards. Each licensee or holder of a permit for a
17day care facility shall distribute a copy of the appropriate
18summary and any other information required by the Department,
19to the legal guardian of each child cared for in that facility
20at the time when the child is enrolled or initially placed in
21the facility. The licensee or holder of a permit for a day care
22facility shall secure appropriate documentation of the
23distribution of the summary and brochure. Such documentation
24shall be a part of the records of the facility and subject to
25inspection by an authorized representative of the Department.
26    (g) The Department shall distribute to each licensee and

 

 

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1holder of a permit copies of the licensing or permit standards
2applicable to such person's facility. Each licensee or holder
3of a permit shall make available by posting at all times in a
4common or otherwise accessible area a complete and current set
5of licensing standards in order that all employees of the
6facility may have unrestricted access to such standards. All
7employees of the facility shall have reviewed the standards
8and any subsequent changes. Each licensee or holder of a
9permit shall maintain appropriate documentation of the current
10review of licensing standards by all employees. Such records
11shall be part of the records of the facility and subject to
12inspection by authorized representatives of the Department.
13    (h) Any standards involving physical examinations,
14immunization, or medical treatment shall include appropriate
15exemptions for children whose parents object thereto on the
16grounds that they conflict with the tenets and practices of a
17recognized church or religious organization, of which the
18parent is an adherent or member, and for children who should
19not be subjected to immunization for clinical reasons.
20    (i) The Department, in cooperation with the Department of
21Public Health, shall work to increase immunization awareness
22and participation among parents of children enrolled in day
23care centers and day care homes by publishing on the
24Department's website information about the benefits of
25immunization against vaccine preventable diseases, including
26influenza and pertussis. The information for vaccine

 

 

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1preventable diseases shall include the incidence and severity
2of the diseases, the availability of vaccines, and the
3importance of immunizing children and persons who frequently
4have close contact with children. The website content shall be
5reviewed annually in collaboration with the Department of
6Public Health to reflect the most current recommendations of
7the Advisory Committee on Immunization Practices (ACIP). The
8Department shall work with day care centers and day care homes
9licensed under this Act to ensure that the information is
10annually distributed to parents in August or September.
11    (j) Any standard adopted by the Department that requires
12an applicant for a license to operate a day care home to
13include a copy of a high school diploma or equivalent
14certificate with the person's his or her application shall be
15deemed to be satisfied if the applicant includes a copy of a
16high school diploma or equivalent certificate or a copy of a
17degree from an accredited institution of higher education or
18vocational institution or equivalent certificate.
19(Source: P.A. 102-4, eff. 4-27-21.)
 
20    (225 ILCS 10/7.2)  (from Ch. 23, par. 2217.2)
21    Sec. 7.2. Employer discrimination. (a) For purposes of
22this Section, "employer" means a licensee or holder of a
23permit subject to this Act. "Employee" means an employee of
24such an employer.
25    (b) No employer shall discharge, demote or suspend, or

 

 

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1threaten to discharge, demote or suspend, or in any manner
2discriminate against any employee who:
3    (1) Makes any good faith oral or written complaint of any
4employer's violation of any licensing or other laws (including
5but not limited to laws concerning child abuse or the
6transportation of children) which may result in closure of the
7facility pursuant to Section 11.2 of this Act to the
8Department or other agency having statutory responsibility for
9the enforcement of such laws or to the employer or
10representative of the employer;
11    (2) Institutes or causes to be instituted against any
12employer any proceeding concerning the violation of any
13licensing or other laws, including a proceeding to revoke or
14to refuse to renew a license under Section 9 of this Act;
15    (3) Is or will be a witness or testify in any proceeding
16concerning the violation of any licensing or other laws,
17including a proceeding to revoke or to refuse to renew a
18license under Section 9 of this Act; or
19    (4) Refuses to perform work in violation of a licensing or
20other law or regulation after notifying the employer of the
21violation.
22    (c)(1) A claim by an employee alleging an employer's
23violation of subsection (b) of this Section shall be presented
24to the employer within 30 days after the date of the action
25complained of and shall be filed with the Department of Labor
26within 60 days after the date of the action complained of.

 

 

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1    (2) Upon receipt of the complaint, the Department of Labor
2shall conduct whatever investigation it deems appropriate, and
3may hold a hearing. After investigation or hearing, the
4Department of Labor shall determine whether the employer has
5violated subsection (b) of this Section and it shall notify
6the employer and the employee of its determination.
7    (3) If the Department of Labor determines that the
8employer has violated subsection (b) of this Section, and the
9employer refuses to take remedial action to comply with the
10determination, the Department of Labor shall so notify the
11Attorney General, who shall bring an action against the
12employer in the circuit court seeking enforcement of its
13determination. The court may order any appropriate relief,
14including rehiring and reinstatement of the employee to the
15person's his or her former position with backpay and other
16benefits.
17    (d) Except for any grievance procedure, arbitration or
18hearing which is available to the employee pursuant to a
19collective bargaining agreement, this Section shall be the
20exclusive remedy for an employee complaining of any action
21described in subsection (b).
22    (e) Any employer who willfully wilfully refuses to rehire,
23promote or otherwise restore an employee or former employee
24who has been determined eligible for rehiring or promotion as
25a result of any grievance procedure, arbitration or hearing
26authorized by law shall be guilty of a Class A misdemeanor.

 

 

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1(Source: P.A. 85-987.)
 
2    (225 ILCS 10/7.3)
3    Sec. 7.3. Children placed by private child welfare agency.
4    (a) Before placing a child who is a youth in care in a
5foster family home, a private child welfare agency must
6ascertain (i) whether any other children who are youth in care
7have been placed in that home and (ii) whether every such child
8who has been placed in that home continues to reside in that
9home, unless the child has been transferred to another
10placement or is no longer a youth in care. The agency must keep
11a record of every other child welfare agency that has placed
12such a child in that foster family home; the record must
13include the name and telephone number of a contact person at
14each such agency.
15    (b) At least once every 30 days, a private child welfare
16agency that places youth in care in foster family homes must
17make a site visit to every such home where it has placed a
18youth in care. The purpose of the site visit is to verify that
19the child continues to reside in that home and to verify the
20child's safety and well-being. The agency must document the
21verification in its records. If a private child welfare agency
22fails to comply with the requirements of this subsection, the
23Department must suspend all payments to the agency until the
24agency complies.
25    (c) The Department must periodically (but no less often

 

 

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1than once every 6 months) review the child placement records
2of each private child welfare agency that places youth in
3care.
4    (d) If a child placed in a foster family home is missing,
5the foster parent must promptly report that fact to the
6Department or to the child welfare agency that placed the
7child in the home. If the foster parent fails to make such a
8report, the Department shall put the home on hold for the
9placement of other children and initiate corrective action
10that may include revocation of the foster parent's license to
11operate the foster family home. A foster parent who knowingly
12and willfully fails to report a missing foster child under
13this subsection is guilty of a Class A misdemeanor.
14    (e) If a private child welfare agency determines that a
15youth in care whom it has placed in a foster family home no
16longer resides in that home, the agency must promptly report
17that fact to the Department. If the agency fails to make such a
18report, the Department shall put the agency on hold for the
19placement of other children and initiate corrective action
20that may include revocation of the agency's license.
21    (f) When a child is missing from a foster home, the
22Department or private agency in charge of case management
23shall report regularly to the foster parent concerning efforts
24to locate the missing child.
25    (g) The Department must strive to account for the status
26and whereabouts of every one of its youth in care who it

 

 

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1determines is not residing in the authorized placement in
2which the youth he or she was placed.
3(Source: P.A. 100-159, eff. 8-18-17.)
 
4    (225 ILCS 10/7.4)
5    Sec. 7.4. Disclosures.
6    (a) Every licensed child welfare agency providing adoption
7services shall provide to all prospective clients and to the
8public written disclosures with respect to its adoption
9services, policies, and practices, including general
10eligibility criteria, fees, and the mutual rights and
11responsibilities of clients, including birth biological
12parents and adoptive parents. The written disclosure shall be
13posted on any website maintained by the child welfare agency
14that relates to adoption services. The Department shall adopt
15rules relating to the contents of the written disclosures.
16Eligible agencies may be deemed compliant with this subsection
17(a).
18    (b) Every licensed child welfare agency providing adoption
19services shall provide to all applicants, prior to
20application, a written schedule of estimated fees, expenses,
21and refund policies. Every child welfare agency providing
22adoption services shall have a written policy that shall be
23part of its standard adoption contract and state that it will
24not charge additional fees and expenses beyond those disclosed
25in the adoption contract unless additional fees are reasonably

 

 

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1required by the circumstances and are disclosed to the
2adoptive parents or parent before they are incurred. The
3Department shall adopt rules relating to the contents of the
4written schedule and policy. Eligible agencies may be deemed
5compliant with this subsection (b).
6    (c) Every licensed child welfare agency providing adoption
7services must make full and fair disclosure to its clients,
8including birth biological parents and adoptive parents, of
9all circumstances material to the placement of a child for
10adoption. The Department shall adopt rules necessary for the
11implementation and regulation of the requirements of this
12subsection (c).
13    (c-5) Whenever a licensed child welfare agency places a
14child in a licensed foster family home or an adoption-only
15home, the agency shall provide the following to the caretaker
16or prospective adoptive parent:
17        (1) Available detailed information concerning the
18    child's educational and health history, copies of
19    immunization records (including insurance and medical card
20    information), a history of the child's previous
21    placements, if any, and reasons for placement changes,
22    excluding any information that identifies or reveals the
23    location of any previous caretaker.
24        (2) A copy of the child's portion of the client
25    service plan, including any visitation arrangement, and
26    all amendments or revisions to it as related to the child.

 

 

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1        (3) Information containing details of the child's
2    individualized educational plan when the child is
3    receiving special education services.
4        (4) Any known social or behavioral information
5    (including, but not limited to, criminal background, fire
6    setting, perpetration of sexual abuse, destructive
7    behavior, and substance abuse) necessary to care for and
8    safeguard the child.
9    The agency may prepare a written summary of the
10information required by this subsection, which may be provided
11to the foster or prospective adoptive parent in advance of a
12placement. The foster or prospective adoptive parent may
13review the supporting documents in the child's file in the
14presence of casework staff. In the case of an emergency
15placement, casework staff shall at least provide information
16verbally, if necessary, and must subsequently provide the
17information in writing as required by this subsection. In the
18case of emergency placements when time does not allow prior
19review, preparation, and collection of written information,
20the agency shall provide such information as it becomes
21available.
22    The Department shall adopt rules necessary for the
23implementation and regulation of the requirements of this
24subsection (c-5).
25    (d) Every licensed child welfare agency providing adoption
26services shall meet minimum standards set forth by the

 

 

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1Department concerning the taking or acknowledging of a consent
2prior to taking or acknowledging a consent from a prospective
3birth biological parent. The Department shall adopt rules
4concerning the minimum standards required by agencies under
5this Section.
6(Source: P.A. 99-833, eff. 1-1-17.)
 
7    (225 ILCS 10/7.6)
8    Sec. 7.6. Annual report. Every licensed child welfare
9agency providing adoption services shall file an annual report
10with the Department and with the Attorney General on forms and
11on a date prescribed by the Department. The annual reports for
12the preceding 2 years must be made available, upon request, to
13the public by the Department and every licensed agency and
14must be included on the website of the Department. Each
15licensed agency that maintains a website shall provide the
16reports on its website. The annual report shall include all of
17the following matters and all other matters required by the
18Department:
19        (1) a balance sheet and a statement of income and
20    expenses for the year, certified by an independent public
21    accountant; for purposes of this item (1), the audit
22    report filed by an agency with the Department may be
23    included in the annual report and, if so, shall be
24    sufficient to comply with the requirement of this item
25    (1);

 

 

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1        (2) non-identifying information concerning the
2    placements made by the agency during the year, consisting
3    of the number of adoptive families in the process of
4    obtaining approval for an adoption-only home, the number
5    of adoptive families that are approved and awaiting
6    placement, the number of birth biological parents that the
7    agency is actively working with, the number of placements,
8    and the number of adoptions initiated during the year and
9    the status of each matter at the end of the year;
10        (3) any instance during the year in which the agency
11    lost the right to provide adoption services in any State
12    or country, had its license suspended for cause, or was
13    the subject of other sanctions by any court, governmental
14    agency, or governmental regulatory body relating to the
15    provision of adoption services;
16        (4) any actions related to licensure that were
17    initiated against the agency during the year by a
18    licensing or accrediting body;
19        (5) any pending investigations by federal or State
20    authorities;
21        (6) any criminal charges, child abuse charges,
22    malpractice complaints, or lawsuits against the agency or
23    any of its employees, officers, or directors related to
24    the provision of adoption services and the basis or
25    disposition of the actions;
26        (7) any instance in the year where the agency was

 

 

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1    found guilty of, or pled guilty to, any criminal or civil
2    or administrative violation under federal, State, or
3    foreign law that relates to the provision of adoption
4    services;
5        (8) any instance in the year where any employee,
6    officer, or director of the agency was found guilty of any
7    crime or was determined to have violated a civil law or
8    administrative rule under federal, State, or foreign law
9    relating to the provision of adoption services; and
10        (9) any civil or administrative proceeding instituted
11    by the agency during the year and relating to adoption
12    services, excluding uncontested adoption proceedings and
13    proceedings filed pursuant to Section 12a of the Adoption
14    Act.
15    Failure to disclose information required under this
16Section may result in the suspension of the agency's license
17for a period of 90 days. Subsequent violations may result in
18revocation of the license.
19    Information disclosed in accordance with this Section
20shall be subject to the applicable confidentiality
21requirements of this Act and the Adoption Act.
22(Source: P.A. 99-833, eff. 1-1-17.)
 
23    (225 ILCS 10/7.7)
24    Sec. 7.7. Certain waivers prohibited. Licensed child
25welfare agencies providing adoption services shall not require

 

 

SB3961- 160 -LRB102 22864 WGH 32015 b

1birth biological or adoptive parents to sign any document that
2purports to waive claims against an agency for intentional or
3reckless acts or omissions or for gross negligence. Nothing in
4this Section shall require an agency to assume risks that are
5not within the reasonable control of the agency.
6(Source: P.A. 94-586, eff. 8-15-05.)
 
7    (225 ILCS 10/9)  (from Ch. 23, par. 2219)
8    Sec. 9. Prior to revocation or refusal to renew a license,
9the Department shall notify the licensee by registered mail
10with postage prepaid, at the address specified on the license,
11or at the address of the ranking or presiding officer of a
12board of directors, or any equivalent body conducting a child
13care facility, of the contemplated action and that the
14licensee may, within 10 days of such notification, dating from
15the postmark of the registered mail, request in writing a
16public hearing before the Department, and, at the same time,
17may request a written statement of charges from the
18Department.
19    (a) Upon written request by the licensee, the Department
20shall furnish such written statement of charges, and, at the
21same time, shall set the date and place for the hearing. The
22charges and notice of the hearing shall be delivered by
23registered mail with postage prepaid, and the hearing must be
24held within 30 days, dating from the date of the postmark of
25the registered mail, except that notification must be made at

 

 

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1least 15 days in advance of the date set for the hearing.
2    (b) If no request for a hearing is made within 10 days
3after notification, or if the Department determines, upon
4holding a hearing, that the license should be revoked or
5renewal denied, then the license shall be revoked or renewal
6denied.
7    (c) Upon the hearing of proceedings in which the license
8is revoked, renewal of license is refused or full license is
9denied, the Director of the Department, or any officer or
10employee duly authorized by the Director him in writing, may
11administer oaths and the Department may procure, by its
12subpoena, the attendance of witnesses and the production of
13relevant books and papers.
14    (d) At the time and place designated, the Director of the
15Department or the officer or employee authorized by the
16Director him in writing, shall hear the charges, and both the
17Department and the licensee shall be allowed to present in
18person or by counsel such statements, testimony and evidence
19as may be pertinent to the charges or to the defense thereto.
20The hearing officer may continue such hearing from time to
21time, but not to exceed a single period of 30 days, unless
22special extenuating circumstances make further continuance
23feasible.
24(Source: P.A. 83-1362.)
 
25    (225 ILCS 10/9.1b)

 

 

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1    Sec. 9.1b. Complaint procedures. All child welfare
2agencies providing adoption services shall be required by the
3Department to have complaint policies and procedures that
4shall be provided in writing to their prospective clients,
5including birth biological parents, adoptive parents, and
6adoptees that they have served, at the earliest time possible,
7and, in the case of birth biological and adoptive parents,
8prior to placement or prior to entering into any written
9contract with the clients. These complaint procedures must be
10filed with the Department within 6 months after the effective
11date of this amendatory Act of the 94th General Assembly.
12Failure to comply with this Section may result in the
13suspension of licensure for a period of 90 days. Subsequent
14violations may result in licensure revocation. The Department
15shall adopt rules that describe the complaint procedures
16required by each agency. These rules shall include without
17limitation prompt complaint response time, recording of the
18complaints, prohibition of agency retaliation against the
19person making the complaint, and agency reporting of all
20complaints to the Department in a timely manner. Any agency
21that maintains a website shall post the prescribed complaint
22procedures and its license number, as well as the statewide
23toll-free complaint registry telephone number, on its website.
24(Source: P.A. 94-586, eff. 8-15-05.)
 
25    (225 ILCS 10/12)  (from Ch. 23, par. 2222)

 

 

SB3961- 163 -LRB102 22864 WGH 32015 b

1    Sec. 12. Advertisements.
2    (a) In this Section, "advertise" means communication by
3any public medium originating or distributed in this State,
4including, but not limited to, newspapers, periodicals,
5telephone book listings, outdoor advertising signs, radio, or
6television.
7    (b) A child care facility or child welfare agency licensed
8or operating under a permit issued by the Department may
9publish advertisements for the services that the facility is
10specifically licensed or issued a permit under this Act to
11provide. A person, group of persons, agency, association,
12organization, corporation, institution, center, or group who
13advertises or causes to be published any advertisement
14offering, soliciting, or promising to perform adoption
15services as defined in Section 2.24 of this Act is guilty of a
16Class A misdemeanor and shall be subject to a fine not to
17exceed $10,000 or 9 months imprisonment for each
18advertisement, unless that person, group of persons, agency,
19association, organization, corporation, institution, center,
20or group is (i) licensed or operating under a permit issued by
21the Department as a child care facility or child welfare
22agency, (ii) a birth biological parent or a prospective
23adoptive parent acting on the birth parent's or prospective
24adoptive parent's his or her own behalf, or (iii) a licensed
25attorney advertising the licensed attorney's his or her
26availability to provide legal services relating to adoption,

 

 

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1as permitted by law.
2    (c) Every advertisement published after the effective date
3of this amendatory Act of the 94th General Assembly shall
4include the Department-issued license number of the facility
5or agency.
6    (d) Any licensed child welfare agency providing adoption
7services that, after the effective date of this amendatory Act
8of the 94th General Assembly, causes to be published an
9advertisement containing reckless or intentional
10misrepresentations concerning adoption services or
11circumstances material to the placement of a child for
12adoption is guilty of a Class A misdemeanor and is subject to a
13fine not to exceed $10,000 or 9 months imprisonment for each
14advertisement.
15    (e) An out-of-state agency that is not licensed in
16Illinois and that has a written interagency agreement with one
17or more Illinois licensed child welfare agencies may advertise
18under this Section, provided that (i) the out-of-state agency
19must be officially recognized by the United States Internal
20Revenue Service as a tax-exempt organization under 501(c)(3)
21of the Internal Revenue Code of 1986 (or any successor
22provision of federal tax law), (ii) the out-of-state agency
23provides only international adoption services and is covered
24by the Intercountry Adoption Act of 2000, (iii) the
25out-of-state agency displays, in the advertisement, the
26license number of at least one of the Illinois licensed child

 

 

SB3961- 165 -LRB102 22864 WGH 32015 b

1welfare agencies with which it has a written agreement, and
2(iv) the advertisements pertain only to international adoption
3services. Subsection (d) of this Section shall apply to any
4out-of-state agencies described in this subsection (e).
5    (f) An advertiser, publisher, or broadcaster, including,
6but not limited to, newspapers, periodicals, telephone book
7publishers, outdoor advertising signs, radio stations, or
8television stations, who knowingly or recklessly advertises or
9publishes any advertisement offering, soliciting, or promising
10to perform adoption services, as defined in Section 2.24 of
11this Act, on behalf of a person, group of persons, agency,
12association, organization, corporation, institution, center,
13or group, not authorized to advertise under subsection (b) or
14subsection (e) of this Section, is guilty of a Class A
15misdemeanor and is subject to a fine not to exceed $10,000 or 9
16months imprisonment for each advertisement.
17    (g) The Department shall maintain a website listing child
18welfare agencies licensed by the Department that provide
19adoption services and other general information for birth
20biological parents and adoptive parents. The website shall
21include, but not be limited to, agency addresses, phone
22numbers, e-mail addresses, website addresses, annual reports
23as referenced in Section 7.6 of this Act, agency license
24numbers, the Birth Parent Bill of Rights, the Adoptive Parents
25Bill of Rights, and the Department's complaint registry
26established under Section 9.1a of this Act. The Department

 

 

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1shall adopt any rules necessary to implement this Section.
2    (h) Nothing in this Act shall prohibit a day care agency,
3day care center, day care home, or group day care home that
4does not provide or perform adoption services, as defined in
5Section 2.24 of this Act, from advertising or marketing the
6day care agency, day care center, day care home, or group day
7care home.
8(Source: P.A. 100-406, eff. 1-1-18.)
 
9    (225 ILCS 10/14.5)
10    Sec. 14.5. Offering, providing, or co-signing a loan or
11other credit accommodation. No person or entity shall offer,
12provide, or co-sign a loan or other credit accommodation,
13directly or indirectly, with a birth biological parent or a
14relative of a birth biological parent based on the contingency
15of a surrender or placement of a child for adoption.
16(Source: P.A. 93-1063, eff. 6-1-05.)
 
17    (225 ILCS 10/14.7)
18    Sec. 14.7. Payments to birth biological parents.
19    (a) Payment of reasonable living expenses by a child
20welfare agency shall not obligate the birth biological parents
21to place the child for adoption. In the event that the birth
22biological parents choose not to place the child for adoption,
23the child welfare agency shall have no right to seek
24reimbursement from the birth biological parents, or from any

 

 

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1relative of the birth biological parents, of moneys paid to,
2or on behalf of, the birth biological parents, except as
3provided in subsection (b) of this Section.
4    (b) Notwithstanding subsection (a) of this Section, a
5child welfare agency may seek reimbursement of reasonable
6living expenses from a person who receives such payments only
7if the person who accepts payment of reasonable living
8expenses before the child's birth, as described in subsection
9(a) of this Section, knows that the person on whose behalf they
10are accepting payment is not pregnant at the time of the
11receipt of such payments or the person receives reimbursement
12for reasonable living expenses simultaneously from more than
13one child welfare agency without the agencies' knowledge.
14(Source: P.A. 94-586, eff. 8-15-05.)
 
15    (225 ILCS 10/18)  (from Ch. 23, par. 2228)
16    Sec. 18. Any person, group of persons, association or
17corporation who
18    (1) conducts, operates or acts as a child care facility
19without a license or permit to do so in violation of Section 3
20of this Act;
21    (2) makes materially false statements in order to obtain a
22license or permit;
23    (3) fails to keep the records and make the reports
24provided under this Act;
25    (4) advertises any service not authorized by license or

 

 

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1permit held;
2    (5) publishes any advertisement in violation of this Act;
3    (6) receives within this State any child in violation of
4Section 16 of this Act; or
5    (7) violates any other provision of this Act or any
6reasonable rule or regulation adopted and published by the
7Department for the enforcement of the provisions of this Act,
8is guilty of a Class A misdemeanor and in case of an
9association or corporation, imprisonment may be imposed upon
10its officers who knowingly participated in the violation.
11    Any child care facility that continues to operate after
12its license is revoked under Section 8 of this Act or after its
13license expires and the Department refused to renew the
14license as provided in Section 8 of this Act is guilty of a
15business offense and shall be fined an amount in excess of $500
16but not exceeding $10,000, and each day of violation is a
17separate offense.
18    In a prosecution under this Act, a defendant who relies
19upon the relationship of any child to the defendant himself
20has the burden of proof as to that relationship.
21(Source: P.A. 83-1362.)
 
22    Section 50. The Abandoned Newborn Infant Protection Act is
23amended by changing Sections 10, 15, 30, and 35 as follows:
 
24    (325 ILCS 2/10)

 

 

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1    Sec. 10. Definitions. In this Act:
2    "Abandon" has the same meaning as in the Abused and
3Neglected Child Reporting Act.
4    "Abused child" has the same meaning as in the Abused and
5Neglected Child Reporting Act.
6    "Child-placing agency" means a licensed public or private
7agency that receives a child for the purpose of placing or
8arranging for the placement of the child in a foster family
9home or other facility for child care, apart from the custody
10of the child's parents.
11    "Department" or "DCFS" means the Illinois Department of
12Children and Family Services.
13    "Emergency medical facility" means a freestanding
14emergency center or trauma center, as defined in the Emergency
15Medical Services (EMS) Systems Act.
16    "Emergency medical professional" includes licensed
17physicians, and any emergency medical technician, emergency
18medical technician-intermediate, advanced emergency medical
19technician, paramedic, trauma nurse specialist, and
20pre-hospital registered nurse, as defined in the Emergency
21Medical Services (EMS) Systems Act.
22    "Fire station" means a fire station within the State with
23at least one staff person.
24    "Hospital" has the same meaning as in the Hospital
25Licensing Act.
26    "Legal custody" means the relationship created by a court

 

 

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1order in the best interest of a newborn infant that imposes on
2the infant's custodian the responsibility of physical
3possession of the infant, the duty to protect, train, and
4discipline the infant, and the duty to provide the infant with
5food, shelter, education, and medical care, except as these
6are limited by parental rights and responsibilities.
7    "Neglected child" has the same meaning as in the Abused
8and Neglected Child Reporting Act.
9    "Newborn infant" means a child who a licensed physician
10reasonably believes is 30 days old or less at the time the
11child is initially relinquished to a hospital, police station,
12fire station, or emergency medical facility, and who is not an
13abused or a neglected child.
14    "Police station" means a municipal police station, a
15county sheriff's office, a campus police department located on
16any college or university owned or controlled by the State or
17any private college or private university that is not owned or
18controlled by the State when employees of the campus police
19department are present, or any of the district headquarters of
20the Illinois State Police.
21    "Relinquish" means to bring a newborn infant, who a
22licensed physician reasonably believes is 30 days old or less,
23to a hospital, police station, fire station, or emergency
24medical facility and to leave the infant with personnel of the
25facility, if the person leaving the infant does not express an
26intent to return for the infant or states that the person he or

 

 

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1she will not return for the infant. In the case of a person
2mother who gives birth to an infant in a hospital, the person's
3mother's act of leaving that newborn infant at the hospital
4(i) without expressing an intent to return for the infant or
5(ii) stating that the person she will not return for the infant
6is not a "relinquishment" under this Act.
7    "Temporary protective custody" means the temporary
8placement of a newborn infant within a hospital or other
9medical facility out of the custody of the infant's parent.
10(Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
 
11    (325 ILCS 2/15)
12    Sec. 15. Presumptions.
13    (a) There is a presumption that by relinquishing a newborn
14infant in accordance with this Act, the infant's parent
15consents to the termination of the parent's his or her
16parental rights with respect to the infant.
17    (b) There is a presumption that a person relinquishing a
18newborn infant in accordance with this Act:
19        (1) is the newborn infant's birth biological parent;
20    and
21        (2) either without expressing an intent to return for
22    the infant or expressing an intent not to return for the
23    infant, did intend to relinquish the infant to the
24    hospital, police station, fire station, or emergency
25    medical facility to treat, care for, and provide for the

 

 

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1    infant in accordance with this Act.
2    (c) A parent of a relinquished newborn infant may rebut
3the presumption set forth in either subsection (a) or
4subsection (b) pursuant to Section 55, at any time before the
5termination of the parent's parental rights.
6(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
793-820, eff. 7-27-04.)
 
8    (325 ILCS 2/30)
9    Sec. 30. Anonymity of relinquishing person. If there is
10no evidence of abuse or neglect of a relinquished newborn
11infant, the relinquishing person has the right to remain
12anonymous and to leave the hospital, police station, fire
13station, or emergency medical facility at any time and not be
14pursued or followed. Before the relinquishing person leaves
15the hospital, police station, fire station, or emergency
16medical facility, the hospital, police station, fire station,
17or emergency medical facility personnel shall (i) verbally
18inform the relinquishing person that by relinquishing the
19child anonymously, the relinquishing person he or she will
20have to petition the court if the relinquishing person he or
21she desires to prevent the termination of parental rights and
22regain custody of the child and (ii) shall offer the
23relinquishing person the information packet described in
24Section 35 of this Act. However, nothing in this Act shall be
25construed as precluding the relinquishing person from

 

 

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1providing the relinquishing person's his or her identity or
2completing the application forms for the Illinois Adoption
3Registry and Medical Information Exchange and requesting that
4the hospital, police station, fire station, or emergency
5medical facility forward those forms to the Illinois Adoption
6Registry and Medical Information Exchange.
7(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
893-820, eff. 7-27-04.)
 
9    (325 ILCS 2/35)
10    Sec. 35. Information for relinquishing person.
11    (a) A hospital, police station, fire station, or emergency
12medical facility that receives a newborn infant relinquished
13in accordance with this Act must offer an information packet
14to the relinquishing person and, if possible, must clearly
15inform the relinquishing person that the relinquishing
16person's his or her acceptance of the information is
17completely voluntary. The information packet must include all
18of the following:
19        (1) (Blank).
20        (2) Written notice of the following:
21            (A) No sooner than 60 days following the date of
22        the initial relinquishment of the infant to a
23        hospital, police station, fire station, or emergency
24        medical facility, the child-placing agency or the
25        Department will commence proceedings for the

 

 

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1        termination of parental rights and placement of the
2        infant for adoption.
3            (B) Failure of a parent of the infant to contact
4        the Department and petition for the return of custody
5        of the infant before termination of parental rights
6        bars any future action asserting legal rights with
7        respect to the infant.
8        (3) A resource list of providers of counseling
9    services including grief counseling, pregnancy counseling,
10    and counseling regarding adoption and other available
11    options for placement of the infant.
12    Upon request of a parent, the Department of Public Health
13shall provide the application forms for the Illinois Adoption
14Registry and Medical Information Exchange.
15    (b) The information packet given to a relinquishing parent
16in accordance with this Act shall include, in addition to
17other information required under this Act, the following:
18        (1) A brochure (with a self-mailer attached) that
19    describes this Act and the rights of birth parents,
20    including an optional section for the parent to complete
21    and mail to the Department of Children and Family
22    Services, that shall ask for basic anonymous background
23    information about the relinquished child. This brochure
24    shall be maintained by the Department on its website.
25        (2) A brochure that describes the Illinois Adoption
26    Registry, including a toll-free number and website

 

 

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1    information. This brochure shall be maintained on the
2    Office of Vital Records website.
3        (3) A brochure describing postpartum health
4    information for the mother.
5    The information packet shall be designed in coordination
6between the Office of Vital Records and the Department of
7Children and Family Services, with the exception of the
8resource list of providers of counseling services and adoption
9agencies, which shall be provided by the hospital, fire
10station, police station, sheriff's office, or emergency
11medical facility.
12(Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
 
13    Section 55. The Abused and Neglected Child Reporting Act
14is amended by changing Sections 2.1, 3, 4, 4.1, 4.2, 4.4, 4.5,
155, 7, 7.3b, 7.3c, 7.4, 7.9, 7.14, 7.16, 7.19, 11.1, 11.1a,
1611.3, 11.5, and 11.8 as follows:
 
17    (325 ILCS 5/2.1)  (from Ch. 23, par. 2052.1)
18    Sec. 2.1. Any person or family seeking assistance in
19meeting child care responsibilities may use the services and
20facilities established by this Act which may assist in meeting
21such responsibilities. Whether or not the problem presented
22constitutes child abuse or neglect, such persons or families
23shall be referred to appropriate resources or agencies. No
24person seeking assistance under this Section shall be required

 

 

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1to give the person's his name or any other identifying
2information.
3(Source: P.A. 81-1077.)
 
4    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
5    Sec. 3. As used in this Act unless the context otherwise
6requires:
7    "Adult resident" means any person between 18 and 22 years
8of age who resides in any facility licensed by the Department
9under the Child Care Act of 1969. For purposes of this Act, the
10criteria set forth in the definitions of "abused child" and
11"neglected child" shall be used in determining whether an
12adult resident is abused or neglected.
13    "Agency" means a child care facility licensed under
14Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
15includes a transitional living program that accepts children
16and adult residents for placement who are in the guardianship
17of the Department.
18    "Blatant disregard" means an incident where the real,
19significant, and imminent risk of harm would be so obvious to a
20reasonable parent or caretaker that it is unlikely that a
21reasonable parent or caretaker would have exposed the child to
22the danger without exercising precautionary measures to
23protect the child from harm. With respect to a person working
24at an agency in the person's his or her professional capacity
25with a child or adult resident, "blatant disregard" includes a

 

 

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1failure by the person to perform job responsibilities intended
2to protect the child's or adult resident's health, physical
3well-being, or welfare, and, when viewed in light of the
4surrounding circumstances, evidence exists that would cause a
5reasonable person to believe that the child was neglected.
6With respect to an agency, "blatant disregard" includes a
7failure to implement practices that ensure the health,
8physical well-being, or welfare of the children and adult
9residents residing in the facility.
10    "Child" means any person under the age of 18 years, unless
11legally emancipated by reason of marriage or entry into a
12branch of the United States armed services.
13    "Department" means Department of Children and Family
14Services.
15    "Local law enforcement agency" means the police of a city,
16town, village or other incorporated area or the sheriff of an
17unincorporated area or any sworn officer of the Illinois
18Department of State Police.
19    "Abused child" means a child whose parent or immediate
20family member, or any person responsible for the child's
21welfare, or any individual residing in the same home as the
22child, or a paramour of the child's parent:
23        (a) inflicts, causes to be inflicted, or allows to be
24    inflicted upon such child physical injury, by other than
25    accidental means, which causes death, disfigurement,
26    impairment of physical or emotional health, or loss or

 

 

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1    impairment of any bodily function;
2        (b) creates a substantial risk of physical injury to
3    such child by other than accidental means which would be
4    likely to cause death, disfigurement, impairment of
5    physical or emotional health, or loss or impairment of any
6    bodily function;
7        (c) commits or allows to be committed any sex offense
8    against such child, as such sex offenses are defined in
9    the Criminal Code of 2012 or in the Wrongs to Children Act,
10    and extending those definitions of sex offenses to include
11    children under 18 years of age;
12        (d) commits or allows to be committed an act or acts of
13    torture upon such child;
14        (e) inflicts excessive corporal punishment or, in the
15    case of a person working for an agency who is prohibited
16    from using corporal punishment, inflicts corporal
17    punishment upon a child or adult resident with whom the
18    person is working in the person's his or her professional
19    capacity;
20        (f) commits or allows to be committed the offense of
21    female genital mutilation, as defined in Section 12-34 of
22    the Criminal Code of 2012, against the child;
23        (g) causes to be sold, transferred, distributed, or
24    given to such child under 18 years of age, a controlled
25    substance as defined in Section 102 of the Illinois
26    Controlled Substances Act in violation of Article IV of

 

 

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1    the Illinois Controlled Substances Act or in violation of
2    the Methamphetamine Control and Community Protection Act,
3    except for controlled substances that are prescribed in
4    accordance with Article III of the Illinois Controlled
5    Substances Act and are dispensed to such child in a manner
6    that substantially complies with the prescription;
7        (h) commits or allows to be committed the offense of
8    involuntary servitude, involuntary sexual servitude of a
9    minor, or trafficking in persons as defined in Section
10    10-9 of the Criminal Code of 2012 against the child; or
11        (i) commits the offense of grooming, as defined in
12    Section 11-25 of the Criminal Code of 2012, against the
13    child.
14    A child shall not be considered abused for the sole reason
15that the child has been relinquished in accordance with the
16Abandoned Newborn Infant Protection Act.
17    "Neglected child" means any child who is not receiving the
18proper or necessary nourishment or medically indicated
19treatment including food or care not provided solely on the
20basis of the present or anticipated mental or physical
21impairment as determined by a physician acting alone or in
22consultation with other physicians or otherwise is not
23receiving the proper or necessary support or medical or other
24remedial care recognized under State law as necessary for a
25child's well-being, or other care necessary for the child's
26his or her well-being, including adequate food, clothing and

 

 

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1shelter; or who is subjected to an environment which is
2injurious insofar as (i) the child's environment creates a
3likelihood of harm to the child's health, physical well-being,
4or welfare and (ii) the likely harm to the child is the result
5of a blatant disregard of parent, caretaker, person
6responsible for the child's welfare, or agency
7responsibilities; or who is abandoned by the child's his or
8her parents or other person responsible for the child's
9welfare without a proper plan of care; or who has been provided
10with interim crisis intervention services under Section 3-5 of
11the Juvenile Court Act of 1987 and whose parent, guardian, or
12custodian refuses to permit the child to return home and no
13other living arrangement agreeable to the parent, guardian, or
14custodian can be made, and the parent, guardian, or custodian
15has not made any other appropriate living arrangement for the
16child; or who is a newborn infant whose blood, urine, or
17meconium contains any amount of a controlled substance as
18defined in subsection (f) of Section 102 of the Illinois
19Controlled Substances Act or a metabolite thereof, with the
20exception of a controlled substance or metabolite thereof
21whose presence in the newborn infant is the result of medical
22treatment administered to the person who gave birth mother or
23the newborn infant. A child shall not be considered neglected
24for the sole reason that the child's parent or other person
25responsible for the child's his or her welfare has left the
26child in the care of an adult relative for any period of time.

 

 

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1A child shall not be considered neglected for the sole reason
2that the child has been relinquished in accordance with the
3Abandoned Newborn Infant Protection Act. A child shall not be
4considered neglected or abused for the sole reason that such
5child's parent or other person responsible for the child's his
6or her welfare depends upon spiritual means through prayer
7alone for the treatment or cure of disease or remedial care as
8provided under Section 4 of this Act. A child shall not be
9considered neglected or abused solely because the child is not
10attending school in accordance with the requirements of
11Article 26 of The School Code, as amended.
12    "Child Protective Service Unit" means certain specialized
13State employees of the Department assigned by the Director to
14perform the duties and responsibilities as provided under
15Section 7.2 of this Act.
16    "Near fatality" means an act that, as certified by a
17physician, places the child in serious or critical condition,
18including acts of great bodily harm inflicted upon children
19under 13 years of age, and as otherwise defined by Department
20rule.
21    "Great bodily harm" includes bodily injury which creates a
22high probability of death, or which causes serious permanent
23disfigurement, or which causes a permanent or protracted loss
24or impairment of the function of any bodily member or organ, or
25other serious bodily harm.
26    "Person responsible for the child's welfare" means the

 

 

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1child's parent; guardian; foster parent; relative caregiver;
2any person responsible for the child's welfare in a public or
3private residential agency or institution; any person
4responsible for the child's welfare within a public or private
5profit or not for profit child care facility; or any other
6person responsible for the child's welfare at the time of the
7alleged abuse or neglect, including any person who commits or
8allows to be committed, against the child, the offense of
9involuntary servitude, involuntary sexual servitude of a
10minor, or trafficking in persons for forced labor or services,
11as provided in Section 10-9 of the Criminal Code of 2012,
12including, but not limited to, the custodian of the minor, or
13any person who came to know the child through an official
14capacity or position of trust, including, but not limited to,
15health care professionals, educational personnel, recreational
16supervisors, members of the clergy, and volunteers or support
17personnel in any setting where children may be subject to
18abuse or neglect.
19    "Temporary protective custody" means custody within a
20hospital or other medical facility or a place previously
21designated for such custody by the Department, subject to
22review by the Court, including a licensed foster home, group
23home, or other institution; but such place shall not be a jail
24or other place for the detention of criminal or juvenile
25offenders.
26    "An unfounded report" means any report made under this Act

 

 

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1for which it is determined after an investigation that no
2credible evidence of abuse or neglect exists.
3    "An indicated report" means a report made under this Act
4if an investigation determines that credible evidence of the
5alleged abuse or neglect exists.
6    "An undetermined report" means any report made under this
7Act in which it was not possible to initiate or complete an
8investigation on the basis of information provided to the
9Department.
10    "Subject of report" means any child reported to the
11central register of child abuse and neglect established under
12Section 7.7 of this Act as an alleged victim of child abuse or
13neglect and the parent or guardian of the alleged victim or
14other person responsible for the alleged victim's welfare who
15is named in the report or added to the report as an alleged
16perpetrator of child abuse or neglect.
17    "Perpetrator" means a person who, as a result of
18investigation, has been determined by the Department to have
19caused child abuse or neglect.
20    "Member of the clergy" means a clergyperson clergyman or
21practitioner of any religious denomination accredited by the
22religious body to which the clergyperson or practitioner he or
23she belongs.
24(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
25revised 12-15-21.)
 

 

 

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1    (325 ILCS 5/4)
2    Sec. 4. Persons required to report; privileged
3communications; transmitting false report.
4    (a) The following persons are required to immediately
5report to the Department when they have reasonable cause to
6believe that a child known to them in their professional or
7official capacities may be an abused child or a neglected
8child:
9        (1) Medical personnel, including any: physician
10    licensed to practice medicine in any of its branches
11    (medical doctor or doctor of osteopathy); resident;
12    intern; medical administrator or personnel engaged in the
13    examination, care, and treatment of persons; psychiatrist;
14    surgeon; dentist; dental hygienist; chiropractic
15    physician; podiatric physician; physician assistant;
16    emergency medical technician; acupuncturist; registered
17    nurse; licensed practical nurse; advanced practice
18    registered nurse; genetic counselor; respiratory care
19    practitioner; home health aide; or certified nursing
20    assistant.
21        (2) Social services and mental health personnel,
22    including any: licensed professional counselor; licensed
23    clinical professional counselor; licensed social worker;
24    licensed clinical social worker; licensed psychologist or
25    assistant working under the direct supervision of a
26    psychologist; associate licensed marriage and family

 

 

SB3961- 185 -LRB102 22864 WGH 32015 b

1    therapist; licensed marriage and family therapist; field
2    personnel of the Departments of Healthcare and Family
3    Services, Public Health, Human Services, Human Rights, or
4    Children and Family Services; supervisor or administrator
5    of the General Assistance program established under
6    Article VI of the Illinois Public Aid Code; social
7    services administrator; or substance abuse treatment
8    personnel.
9        (3) Crisis intervention personnel, including any:
10    crisis line or hotline personnel; or domestic violence
11    program personnel.
12        (4) Education personnel, including any: school
13    personnel (including administrators and certified and
14    non-certified school employees); personnel of institutions
15    of higher education; educational advocate assigned to a
16    child in accordance with the School Code; member of a
17    school board or the Chicago Board of Education or the
18    governing body of a private school (but only to the extent
19    required under subsection (d)); or truant officer.
20        (5) Recreation or athletic program or facility
21    personnel.
22        (6) Child care personnel, including any: early
23    intervention provider as defined in the Early Intervention
24    Services System Act; director or staff assistant of a
25    nursery school or a child day care center; or foster
26    parent, homemaker, or child care worker.

 

 

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1        (7) Law enforcement personnel, including any: law
2    enforcement officer; field personnel of the Department of
3    Juvenile Justice; field personnel of the Department of
4    Corrections; probation officer; or animal control officer
5    or field investigator of the Department of Agriculture's
6    Bureau of Animal Health and Welfare.
7        (8) Any funeral home director; funeral home director
8    and embalmer; funeral home employee; coroner; or medical
9    examiner.
10        (9) Any member of the clergy.
11        (10) Any physician, physician assistant, registered
12    nurse, licensed practical nurse, medical technician,
13    certified nursing assistant, licensed social worker,
14    licensed clinical social worker, or licensed professional
15    counselor of any office, clinic, or any other physical
16    location that provides abortions, abortion referrals, or
17    contraceptives.
18    (b) When 2 or more persons who work within the same
19workplace and are required to report under this Act share a
20reasonable cause to believe that a child may be an abused or
21neglected child, one of those reporters may be designated to
22make a single report. The report shall include the names and
23contact information for the other mandated reporters sharing
24the reasonable cause to believe that a child may be an abused
25or neglected child. The designated reporter must provide
26written confirmation of the report to those mandated reporters

 

 

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1within 48 hours. If confirmation is not provided, those
2mandated reporters are individually responsible for
3immediately ensuring a report is made. Nothing in this Section
4precludes or may be used to preclude any person from reporting
5child abuse or child neglect.
6    (c)(1) As used in this Section, "a child known to them in
7their professional or official capacities" means:
8        (A) the mandated reporter comes into contact with the
9    child in the course of the reporter's employment or
10    practice of a profession, or through a regularly scheduled
11    program, activity, or service;
12        (B) the mandated reporter is affiliated with an
13    agency, institution, organization, school, school
14    district, regularly established church or religious
15    organization, or other entity that is directly responsible
16    for the care, supervision, guidance, or training of the
17    child; or
18        (C) a person makes a specific disclosure to the
19    mandated reporter that an identifiable child is the victim
20    of child abuse or child neglect, and the disclosure
21    happens while the mandated reporter is engaged in the
22    reporter's his or her employment or practice of a
23    profession, or in a regularly scheduled program, activity,
24    or service.
25    (2) Nothing in this Section requires a child to come
26before the mandated reporter in order for the reporter to make

 

 

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1a report of suspected child abuse or child neglect.
2    (d) If an allegation is raised to a school board member
3during the course of an open or closed school board meeting
4that a child who is enrolled in the school district of which
5the person he or she is a board member is an abused child as
6defined in Section 3 of this Act, the member shall direct or
7cause the school board to direct the superintendent of the
8school district or other equivalent school administrator to
9comply with the requirements of this Act concerning the
10reporting of child abuse. For purposes of this paragraph, a
11school board member is granted the authority in that board
12member's his or her individual capacity to direct the
13superintendent of the school district or other equivalent
14school administrator to comply with the requirements of this
15Act concerning the reporting of child abuse.
16    Notwithstanding any other provision of this Act, if an
17employee of a school district has made a report or caused a
18report to be made to the Department under this Act involving
19the conduct of a current or former employee of the school
20district and a request is made by another school district for
21the provision of information concerning the job performance or
22qualifications of the current or former employee because the
23current or former employee he or she is an applicant for
24employment with the requesting school district, the general
25superintendent of the school district to which the request is
26being made must disclose to the requesting school district the

 

 

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1fact that an employee of the school district has made a report
2involving the conduct of the applicant or caused a report to be
3made to the Department, as required under this Act. Only the
4fact that an employee of the school district has made a report
5involving the conduct of the applicant or caused a report to be
6made to the Department may be disclosed by the general
7superintendent of the school district to which the request for
8information concerning the applicant is made, and this fact
9may be disclosed only in cases where the employee and the
10general superintendent have not been informed by the
11Department that the allegations were unfounded. An employee of
12a school district who is or has been the subject of a report
13made pursuant to this Act during the employee's his or her
14employment with the school district must be informed by that
15school district that if the employee he or she applies for
16employment with another school district, the general
17superintendent of the former school district, upon the request
18of the school district to which the employee applies, shall
19notify that requesting school district that the employee is or
20was the subject of such a report.
21    (e) Whenever such person is required to report under this
22Act in the person's his capacity as a member of the staff of a
23medical or other public or private institution, school,
24facility or agency, or as a member of the clergy, the person he
25shall make report immediately to the Department in accordance
26with the provisions of this Act and may also notify the person

 

 

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1in charge of such institution, school, facility or agency, or
2church, synagogue, temple, mosque, or other religious
3institution, or his designated agent of the person in charge
4that such report has been made. Under no circumstances shall
5any person in charge of such institution, school, facility or
6agency, or church, synagogue, temple, mosque, or other
7religious institution, or his designated agent of the person
8in charge to whom such notification has been made, exercise
9any control, restraint, modification or other change in the
10report or the forwarding of such report to the Department.
11    (f) In addition to the persons required to report
12suspected cases of child abuse or child neglect under this
13Section, any other person may make a report if such person has
14reasonable cause to believe a child may be an abused child or a
15neglected child.
16    (g) The privileged quality of communication between any
17professional person required to report and the professional
18person's his patient or client shall not apply to situations
19involving abused or neglected children and shall not
20constitute grounds for failure to report as required by this
21Act or constitute grounds for failure to share information or
22documents with the Department during the course of a child
23abuse or neglect investigation. If requested by the
24professional, the Department shall confirm in writing that the
25information or documents disclosed by the professional were
26gathered in the course of a child abuse or neglect

 

 

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1investigation.
2    The reporting requirements of this Act shall not apply to
3the contents of a privileged communication between an attorney
4and the attorney's his or her client or to confidential
5information within the meaning of Rule 1.6 of the Illinois
6Rules of Professional Conduct relating to the legal
7representation of an individual client.
8    A member of the clergy may claim the privilege under
9Section 8-803 of the Code of Civil Procedure.
10    (h) Any office, clinic, or any other physical location
11that provides abortions, abortion referrals, or contraceptives
12shall provide to all office personnel copies of written
13information and training materials about abuse and neglect and
14the requirements of this Act that are provided to employees of
15the office, clinic, or physical location who are required to
16make reports to the Department under this Act, and instruct
17such office personnel to bring to the attention of an employee
18of the office, clinic, or physical location who is required to
19make reports to the Department under this Act any reasonable
20suspicion that a child known to office personnel him or her in
21their his or her professional or official capacity may be an
22abused child or a neglected child.
23    (i) Any person who enters into employment on and after
24July 1, 1986 and is mandated by virtue of that employment to
25report under this Act, shall sign a statement on a form
26prescribed by the Department, to the effect that the employee

 

 

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1has knowledge and understanding of the reporting requirements
2of this Act. On and after January 1, 2019, the statement shall
3also include information about available mandated reporter
4training provided by the Department. The statement shall be
5signed prior to commencement of the employment. The signed
6statement shall be retained by the employer. The cost of
7printing, distribution, and filing of the statement shall be
8borne by the employer.
9    (j) Persons required to report child abuse or child
10neglect as provided under this Section must complete an
11initial mandated reporter training, including a section on
12implicit bias, within 3 months of their date of engagement in a
13professional or official capacity as a mandated reporter, or
14within the time frame of any other applicable State law that
15governs training requirements for a specific profession, and
16at least every 3 years thereafter. The initial requirement
17only applies to the first time they engage in their
18professional or official capacity. In lieu of training every 3
19years, medical personnel, as listed in paragraph (1) of
20subsection (a), must meet the requirements described in
21subsection (k).
22    The mandated reporter trainings shall be in-person or
23web-based, and shall include, at a minimum, information on the
24following topics: (i) indicators for recognizing child abuse
25and child neglect, as defined under this Act; (ii) the process
26for reporting suspected child abuse and child neglect in

 

 

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1Illinois as required by this Act and the required
2documentation; (iii) responding to a child in a
3trauma-informed manner; and (iv) understanding the response of
4child protective services and the role of the reporter after a
5call has been made. Child-serving organizations are encouraged
6to provide in-person annual trainings.
7    The implicit bias section shall be in-person or web-based,
8and shall include, at a minimum, information on the following
9topics: (i) implicit bias and (ii) racial and ethnic
10sensitivity. As used in this subsection, "implicit bias" means
11the attitudes or internalized stereotypes that affect people's
12perceptions, actions, and decisions in an unconscious manner
13and that exist and often contribute to unequal treatment of
14people based on race, ethnicity, gender identity, sexual
15orientation, age, disability, and other characteristics. The
16implicit bias section shall provide tools to adjust automatic
17patterns of thinking and ultimately eliminate discriminatory
18behaviors. During these trainings mandated reporters shall
19complete the following: (1) a pretest to assess baseline
20implicit bias levels; (2) an implicit bias training task; and
21(3) a posttest to reevaluate bias levels after training. The
22implicit bias curriculum for mandated reporters shall be
23developed within one year after the effective date of this
24amendatory Act of the 102nd General Assembly and shall be
25created in consultation with organizations demonstrating
26expertise and or experience in the areas of implicit bias,

 

 

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1youth and adolescent developmental issues, prevention of child
2abuse, exploitation, and neglect, culturally diverse family
3systems, and the child welfare system.
4    The mandated reporter training, including a section on
5implicit bias, shall be provided through the Department,
6through an entity authorized to provide continuing education
7for professionals licensed through the Department of Financial
8and Professional Regulation, the State Board of Education, the
9Illinois Law Enforcement Training Standards Board, or the
10Illinois Department of State Police, or through an
11organization approved by the Department to provide mandated
12reporter training, including a section on implicit bias. The
13Department must make available a free web-based training for
14reporters.
15    Each mandated reporter shall report to the mandated
16reporter's his or her employer and, when applicable, to the
17mandated reporter's his or her licensing or certification
18board that the mandated reporter he or she received the
19mandated reporter training. The mandated reporter shall
20maintain records of completion.
21    Beginning January 1, 2021, if a mandated reporter receives
22licensure from the Department of Financial and Professional
23Regulation or the State Board of Education, and the mandated
24reporter's his or her profession has continuing education
25requirements, the training mandated under this Section shall
26count toward meeting the licensee's required continuing

 

 

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1education hours.
2    (k)(1) Medical personnel, as listed in paragraph (1) of
3subsection (a), who work with children in their professional
4or official capacity, must complete mandated reporter training
5at least every 6 years. Such medical personnel, if licensed,
6must attest at each time of licensure renewal on their renewal
7form that they understand they are a mandated reporter of
8child abuse and neglect, that they are aware of the process for
9making a report, that they know how to respond to a child in a
10trauma-informed manner, and that they are aware of the role of
11child protective services and the role of a reporter after a
12call has been made.
13    (2) In lieu of repeated training, medical personnel, as
14listed in paragraph (1) of subsection (a), who do not work with
15children in their professional or official capacity, may
16instead attest each time at licensure renewal on their renewal
17form that they understand they are a mandated reporter of
18child abuse and neglect, that they are aware of the process for
19making a report, that they know how to respond to a child in a
20trauma-informed manner, and that they are aware of the role of
21child protective services and the role of a reporter after a
22call has been made. Nothing in this paragraph precludes
23medical personnel from completing mandated reporter training
24and receiving continuing education credits for that training.
25    (l) The Department shall provide copies of this Act, upon
26request, to all employers employing persons who shall be

 

 

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1required under the provisions of this Section to report under
2this Act.
3    (m) Any person who knowingly transmits a false report to
4the Department commits the offense of disorderly conduct under
5subsection (a)(7) of Section 26-1 of the Criminal Code of
62012. A violation of this provision is a Class 4 felony.
7    Any person who knowingly and willfully violates any
8provision of this Section other than a second or subsequent
9violation of transmitting a false report as described in the
10preceding paragraph, is guilty of a Class A misdemeanor for a
11first violation and a Class 4 felony for a second or subsequent
12violation; except that if the person acted as part of a plan or
13scheme having as its object the prevention of discovery of an
14abused or neglected child by lawful authorities for the
15purpose of protecting or insulating any person or entity from
16arrest or prosecution, the person is guilty of a Class 4 felony
17for a first offense and a Class 3 felony for a second or
18subsequent offense (regardless of whether the second or
19subsequent offense involves any of the same facts or persons
20as the first or other prior offense).
21    (n) A child whose parent, guardian or custodian in good
22faith selects and depends upon spiritual means through prayer
23alone for the treatment or cure of disease or remedial care may
24be considered neglected or abused, but not for the sole reason
25that the child's his parent, guardian or custodian accepts and
26practices such beliefs.

 

 

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1    (o) A child shall not be considered neglected or abused
2solely because the child is not attending school in accordance
3with the requirements of Article 26 of the School Code, as
4amended.
5    (p) Nothing in this Act prohibits a mandated reporter who
6reasonably believes that an animal is being abused or
7neglected in violation of the Humane Care for Animals Act from
8reporting animal abuse or neglect to the Department of
9Agriculture's Bureau of Animal Health and Welfare.
10    (q) A home rule unit may not regulate the reporting of
11child abuse or neglect in a manner inconsistent with the
12provisions of this Section. This Section is a limitation under
13subsection (i) of Section 6 of Article VII of the Illinois
14Constitution on the concurrent exercise by home rule units of
15powers and functions exercised by the State.
16    (r) For purposes of this Section "child abuse or neglect"
17includes abuse or neglect of an adult resident as defined in
18this Act.
19(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22.)
 
20    (325 ILCS 5/4.1)  (from Ch. 23, par. 2054.1)
21    Sec. 4.1. Any person required to report under this Act who
22has reasonable cause to suspect that a child has died as a
23result of abuse or neglect shall also immediately report the
24person's his suspicion to the appropriate medical examiner or
25coroner. Any other person who has reasonable cause to believe

 

 

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1that a child has died as a result of abuse or neglect may
2report the person's his suspicion to the appropriate medical
3examiner or coroner. The medical examiner or coroner shall
4investigate the report and communicate the medical examiner's
5or coroner's his apparent gross findings, orally, immediately
6upon completion of the gross autopsy, but in all cases within
772 hours and within 21 days in writing, to the local law
8enforcement agency, the appropriate State's attorney, the
9Department and, if the institution making the report is a
10hospital, the hospital. The child protective investigator
11assigned to the death investigation shall have the right to
12require a copy of the completed autopsy report from the
13coroner or medical examiner.
14(Source: P.A. 85-193.)
 
15    (325 ILCS 5/4.2)
16    Sec. 4.2. Departmental report on death or serious
17life-threatening injury of child.
18    (a) In the case of the death or serious life-threatening
19injury of a child whose care and custody or custody and
20guardianship has been transferred to the Department, or in the
21case of a child abuse or neglect report made to the central
22register involving the death of a child, the Department shall
23(i) investigate or provide for an investigation of the cause
24of and circumstances surrounding the death or serious
25life-threatening injury, (ii) review the investigation, and

 

 

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1(iii) prepare and issue a report on the death or serious
2life-threatening injury.
3    (b) The report shall include (i) the cause of death or
4serious life-threatening injury, whether from natural or other
5causes, (ii) any extraordinary or pertinent information
6concerning the circumstances of the child's death or serious
7life-threatening injury, (iii) identification of child
8protective or other social services provided or actions taken
9regarding the child or the child's his or her family at the
10time of the death or serious life-threatening injury or within
11the preceding 5 years, (iv) any action or further
12investigation undertaken by the Department since the death or
13serious life-threatening injury of the child, (v) as
14appropriate, recommendations for State administrative or
15policy changes, (vi) whether the alleged perpetrator of the
16abuse or neglect has been charged with committing a crime
17related to the report and allegation of abuse or neglect, and
18(vii) a copy of any documents, files, records, books, and
19papers created or used in connection with the Department's
20investigation of the death or serious life-threatening injury
21of the child. In any case involving the death or near death of
22a child, when a person responsible for the child has been
23charged with committing a crime that results in the child's
24death or near death, there shall be a presumption that the best
25interest of the public will be served by public disclosure of
26certain information concerning the circumstances of the

 

 

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1investigations of the death or near death of the child and any
2other investigations concerning that child or other children
3living in the same household.
4    If the Department receives from the public a request for
5information relating to a case of child abuse or neglect
6involving the death or serious life-threatening injury of a
7child, the Director shall consult with the State's Attorney in
8the county of venue and release the report related to the case,
9except for the following, which may be redacted from the
10information disclosed to the public: any mental health or
11psychological information that is confidential as otherwise
12provided in State law; privileged communications of an
13attorney; the identity of the individual or individuals, if
14known, who made the report; information that may cause mental
15or physical harm to a sibling or another child living in the
16household; information that may undermine an ongoing criminal
17investigation; and any information prohibited from disclosure
18by federal law or regulation. Any information provided by an
19adult subject of a report that is released about the case in a
20public forum shall be subject to disclosure upon a public
21information request. Information about the case shall also be
22subject to disclosure upon consent of an adult subject.
23Information about the case shall also be subject to disclosure
24if it has been publicly disclosed in a report by a law
25enforcement agency or official, a State's Attorney, a judge,
26or any other State or local investigative agency or official.

 

 

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1Except as it may apply directly to the cause of the death or
2serious life-threatening injury of the child, nothing in this
3Section shall be deemed to authorize the release or disclosure
4to the public of the substance or content of any
5psychological, psychiatric, therapeutic, clinical, or medical
6reports, evaluation, or like materials or information
7pertaining to the child or the child's family.
8    (c) No later than 6 months after the date of the death or
9serious life-threatening injury of the child, the Department
10shall notify the President of the Senate, the Minority Leader
11of the Senate, the Speaker of the House of Representatives,
12the Minority Leader of the House of Representatives, and the
13members of the Senate and the House of Representatives in
14whose district the child's death or serious life-threatening
15injury occurred upon the completion of each report and shall
16submit an annual cumulative report to the Governor and the
17General Assembly incorporating cumulative data about the above
18reports and including appropriate findings and
19recommendations. The reports required by this subsection (c)
20shall be made available to the public after completion or
21submittal.
22    (d) To enable the Department to prepare the report, the
23Department may request and shall timely receive from
24departments, boards, bureaus, or other agencies of the State,
25or any of its political subdivisions, or any duly authorized
26agency, or any other agency which provided assistance, care,

 

 

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1or services to the deceased or injured child any information
2they are authorized to provide.
3(Source: P.A. 97-1068, eff. 1-1-13.)
 
4    (325 ILCS 5/4.4)
5    Sec. 4.4. DCFS duty to report to State's Attorney.
6Whenever the Department receives, by means of its statewide
7toll-free telephone number established under Section 7.6 for
8the purpose of reporting suspected child abuse or neglect or
9by any other means or from any mandated reporter under Section
104, a report of a newborn infant whose blood, urine, or meconium
11contains any amount of a controlled substance as defined in
12subsection (f) of Section 102 of the Illinois Controlled
13Substances Act or a metabolite thereof, with the exception of
14a controlled substance or metabolite thereof whose presence in
15the newborn infant is the result of medical treatment
16administered to the person who gave birth mother or the
17newborn infant, the Department must immediately report that
18information to the State's Attorney of the county in which the
19infant was born.
20(Source: P.A. 95-361, eff. 8-23-07.)
 
21    (325 ILCS 5/4.5)
22    Sec. 4.5. Electronic and information technology workers;
23reporting child pornography.
24    (a) In this Section:

 

 

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1    "Child pornography" means child pornography as described
2in Section 11-20.1 of the Criminal Code of 2012.
3    "Electronic and information technology equipment" means
4equipment used in the creation, manipulation, storage,
5display, or transmission of data, including internet and
6intranet systems, software applications, operating systems,
7video and multimedia, telecommunications products, kiosks,
8information transaction machines, copiers, printers, and
9desktop and portable computers.
10    "Electronic and information technology equipment worker"
11means a person who in the scope and course of the person's his
12or her employment or business installs, repairs, or otherwise
13services electronic and information technology equipment for a
14fee but does not include (i) an employee, independent
15contractor, or other agent of a telecommunications carrier or
16telephone or telecommunications cooperative, as those terms
17are defined in the Public Utilities Act, or (ii) an employee,
18independent contractor, or other agent of a provider of
19commercial mobile radio service, as defined in 47 C.F.R. 20.3.
20    (b) If an electronic and information technology equipment
21worker discovers any depiction of child pornography while
22installing, repairing, or otherwise servicing an item of
23electronic and information technology equipment, that worker
24or the worker's employer shall immediately report the
25discovery to the local law enforcement agency or to the Cyber
26Tipline at the National Center for Missing and & Exploited

 

 

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1Children.
2    (c) If a report is filed in accordance with the
3requirements of 42 U.S.C. 13032, the requirements of this
4Section 4.5 will be deemed to have been met.
5    (d) An electronic and information technology equipment
6worker or electronic and information technology equipment
7worker's employer who reports a discovery of child pornography
8as required under this Section is immune from any criminal,
9civil, or administrative liability in connection with making
10the report, except for willful or wanton misconduct.
11    (e) Failure to report a discovery of child pornography as
12required under this Section is a business offense subject to a
13fine of $1,001.
14(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
15    (325 ILCS 5/5)  (from Ch. 23, par. 2055)
16    Sec. 5. An officer of a local law enforcement agency,
17designated employee of the Department, or a physician treating
18a child may take or retain temporary protective custody of the
19child without the consent of the person responsible for the
20child's welfare, if (1) the officer of a local law enforcement
21agency, designated employee of the Department, or a physician
22treating a child he has reason to believe that the child cannot
23be cared for at home or in the custody of the person
24responsible for the child's welfare without endangering the
25child's health or safety; and (2) there is not time to apply

 

 

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1for a court order under the Juvenile Court Act of 1987 for
2temporary custody of the child. The person taking or retaining
3a child in temporary protective custody shall immediately make
4every reasonable effort to notify the person responsible for
5the child's welfare and shall immediately notify the
6Department. The Department shall provide to the temporary
7caretaker of a child any information in the Department's
8possession concerning the positive results of a test performed
9on the child to determine the presence of the antibody or
10antigen to Human Immunodeficiency Virus (HIV), or of HIV
11infection, as well as any communicable diseases or
12communicable infections that the child has. The temporary
13caretaker of a child shall not disclose to another person any
14information received by the temporary caretaker from the
15Department concerning the results of a test performed on the
16child to determine the presence of the antibody or antigen to
17HIV, or of HIV infection, except pursuant to Section 9 of the
18AIDS Confidentiality Act, as now or hereafter amended. The
19Department shall promptly initiate proceedings under the
20Juvenile Court Act of 1987 for the continued temporary custody
21of the child.
22    Where the physician keeping a child in the physician's his
23custody does so in the physician's his capacity as a member of
24the staff of a hospital or similar institution, the physician
25he shall notify the person in charge of the institution or the
26his designated agent of the person in charge, who shall then

 

 

SB3961- 206 -LRB102 22864 WGH 32015 b

1become responsible for the further care of such child in the
2hospital or similar institution under the direction of the
3Department.
4    Said care includes, but is not limited to the granting of
5permission to perform emergency medical treatment to a minor
6where the treatment itself does not involve a substantial risk
7of harm to the minor and the failure to render such treatment
8will likely result in death or permanent harm to the minor, and
9there is not time to apply for a court order under the Juvenile
10Court Act of 1987.
11    Any person authorized and acting in good faith in the
12removal of a child under this Section shall have immunity from
13any liability, civil or criminal, that might otherwise be
14incurred or imposed as a result of such removal. Any physician
15authorized and acting in good faith and in accordance with
16acceptable medical practice in the treatment of a child under
17this Section shall have immunity from any liability, civil or
18criminal, that might otherwise be incurred or imposed as a
19result of granting permission for emergency treatment.
20    With respect to any child taken into temporary protective
21custody pursuant to this Section, the Department of Children
22and Family Services Guardianship Administrator or the
23Guardianship Administrator's his designee shall be deemed the
24child's legally authorized representative for purposes of
25consenting to an HIV test if deemed necessary and appropriate
26by the Department's Guardianship Administrator or the

 

 

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1Guardianship Administrator's designee and obtaining and
2disclosing information concerning such test pursuant to the
3AIDS Confidentiality Act if deemed necessary and appropriate
4by the Department's Guardianship Administrator or the
5Guardianship Administrator's designee and for purposes of
6consenting to the release of information pursuant to the
7Illinois Sexually Transmissible Disease Control Act if deemed
8necessary and appropriate by the Department's Guardianship
9Administrator or designee.
10    Any person who administers an HIV test upon the consent of
11the Department of Children and Family Services Guardianship
12Administrator or the Guardianship Administrator's his
13designee, or who discloses the results of such tests to the
14Department's Guardianship Administrator or the Guardianship
15Administrator's his designee, shall have immunity from any
16liability, civil, criminal or otherwise, that might result by
17reason of such actions. For the purpose of any proceedings,
18civil or criminal, the good faith of any persons required to
19administer or disclose the results of tests, or permitted to
20take such actions, shall be presumed.
21(Source: P.A. 90-28, eff. 1-1-98.)
 
22    (325 ILCS 5/7)  (from Ch. 23, par. 2057)
23    Sec. 7. Time and manner of making reports. All reports of
24suspected child abuse or neglect made under this Act shall be
25made immediately by telephone to the central register

 

 

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1established under Section 7.7 on the single, State-wide,
2toll-free telephone number established in Section 7.6, or in
3person or by telephone through the nearest Department office.
4The Department shall, in cooperation with school officials,
5distribute appropriate materials in school buildings listing
6the toll-free telephone number established in Section 7.6,
7including methods of making a report under this Act. The
8Department may, in cooperation with appropriate members of the
9clergy, distribute appropriate materials in churches,
10synagogues, temples, mosques, or other religious buildings
11listing the toll-free telephone number established in Section
127.6, including methods of making a report under this Act.
13    Wherever the Statewide number is posted, there shall also
14be posted the following notice:
15    "Any person who knowingly transmits a false report to the
16Department commits the offense of disorderly conduct under
17subsection (a)(7) of Section 26-1 of the Criminal Code of
182012. A violation of this subsection is a Class 4 felony."
19    The report required by this Act shall include, if known,
20the name and address of the child and the child's his parents
21or other persons having the child's his custody; the child's
22age; the nature of the child's condition, including any
23evidence of previous injuries or disabilities; and any other
24information that the person filing the report believes might
25be helpful in establishing the cause of such abuse or neglect
26and the identity of the person believed to have caused such

 

 

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1abuse or neglect. Reports made to the central register through
2the State-wide, toll-free telephone number shall be
3immediately transmitted by the Department to the appropriate
4Child Protective Service Unit. All such reports alleging the
5death of a child, serious injury to a child, including, but not
6limited to, brain damage, skull fractures, subdural hematomas,
7and internal injuries, torture of a child, malnutrition of a
8child, and sexual abuse to a child, including, but not limited
9to, sexual intercourse, sexual exploitation, sexual
10molestation, and sexually transmitted disease in a child age
1112 and under, shall also be immediately transmitted by the
12Department to the appropriate local law enforcement agency.
13The Department shall within 24 hours orally notify local law
14enforcement personnel and the office of the State's Attorney
15of the involved county of the receipt of any report alleging
16the death of a child, serious injury to a child, including, but
17not limited to, brain damage, skull fractures, subdural
18hematomas, and internal injuries, torture of a child,
19malnutrition of a child, and sexual abuse to a child,
20including, but not limited to, sexual intercourse, sexual
21exploitation, sexual molestation, and sexually transmitted
22disease in a child age 12 and under. All oral reports made by
23the Department to local law enforcement personnel and the
24office of the State's Attorney of the involved county shall be
25confirmed in writing within 24 hours of the oral report. All
26reports by persons mandated to report under this Act shall be

 

 

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1confirmed in writing to the appropriate Child Protective
2Service Unit, which may be on forms supplied by the
3Department, within 48 hours of any initial report.
4    Any report received by the Department alleging the abuse
5or neglect of a child by a person who is not the child's
6parent, a member of the child's immediate family, a person
7responsible for the child's welfare, an individual residing in
8the same home as the child, or a paramour of the child's parent
9shall immediately be referred to the appropriate local law
10enforcement agency for consideration of criminal investigation
11or other action.
12    Written confirmation reports from persons not required to
13report by this Act may be made to the appropriate Child
14Protective Service Unit. Written reports from persons required
15by this Act to report shall be admissible in evidence in any
16judicial proceeding or administrative hearing relating to
17child abuse or neglect. Reports involving known or suspected
18child abuse or neglect in public or private residential
19agencies or institutions shall be made and received in the
20same manner as all other reports made under this Act.
21    For purposes of this Section, "child" includes an adult
22resident as defined in this Act.
23(Source: P.A. 101-583, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
24    (325 ILCS 5/7.3b)  (from Ch. 23, par. 2057.3b)
25    Sec. 7.3b. All persons required to report under Section 4

 

 

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1may refer to the Department of Human Services any pregnant
2person in this State who has a substance use disorder as
3defined in the Substance Use Disorder Act. The Department of
4Human Services shall notify the local Infant Mortality
5Reduction Network service provider or Department funded
6prenatal care provider in the area in which the person
7resides. The service provider shall prepare a case management
8plan and assist the pregnant person woman in obtaining
9counseling and treatment from a local substance use disorder
10treatment program licensed by the Department of Human Services
11or a licensed hospital which provides substance abuse
12treatment services. The local Infant Mortality Reduction
13Network service provider and Department funded prenatal care
14provider shall monitor the pregnant person woman through the
15service program. The Department of Human Services shall have
16the authority to promulgate rules and regulations to implement
17this Section.
18(Source: P.A. 100-759, eff. 1-1-19.)
 
19    (325 ILCS 5/7.3c)
20    Sec. 7.3c. Substance abuse services for parents women with
21children.
22    The Department of Human Services and the Department of
23Children and Family Services shall develop a community based
24system of integrated child welfare and substance abuse
25services for the purpose of providing safety and protection

 

 

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1for children, improving adult health and parenting outcomes,
2and improving family outcomes.
3    The Department of Children and Family Services, in
4cooperation with the Department of Human Services, shall
5develop case management protocols for DCFS clients with
6substance abuse problems. The Departments may establish pilot
7programs designed to test the most effective approaches to
8case management case-management. The Departments shall
9evaluate the effectiveness of these pilot programs and report
10to the Governor and the General Assembly on an annual basis.
11(Source: P.A. 89-268, eff. 1-1-96; 89-507, eff. 7-1-97.)
 
12    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
13    Sec. 7.4. (a) The Department shall be capable of receiving
14reports of suspected child abuse or neglect 24 hours a day, 7
15days a week. Whenever the Department receives a report
16alleging that a child is a truant as defined in Section 26-2a
17of the School Code, as now or hereafter amended, the
18Department shall notify the superintendent of the school
19district in which the child resides and the appropriate
20superintendent of the educational service region. The
21notification to the appropriate officials by the Department
22shall not be considered an allegation of abuse or neglect
23under this Act.
24    (a-5) The Department of Children and Family Services may
25implement a "differential response program" in accordance with

 

 

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1criteria, standards, and procedures prescribed by rule. The
2program may provide that, upon receiving a report, the
3Department shall determine whether to conduct a family
4assessment or an investigation as appropriate to prevent or
5provide a remedy for child abuse or neglect.
6    For purposes of this subsection (a-5), "family assessment"
7means a comprehensive assessment of child safety, risk of
8subsequent child maltreatment, and family strengths and needs
9that is applied to a child maltreatment report that does not
10allege substantial child endangerment. "Family assessment"
11does not include a determination as to whether child
12maltreatment occurred but does determine the need for services
13to address the safety of family members and the risk of
14subsequent maltreatment.
15    For purposes of this subsection (a-5), "investigation"
16means fact-gathering related to the current safety of a child
17and the risk of subsequent abuse or neglect that determines
18whether a report of suspected child abuse or neglect should be
19indicated or unfounded and whether child protective services
20are needed.
21    Under the "differential response program" implemented
22under this subsection (a-5), the Department:
23        (1) Shall conduct an investigation on reports
24    involving substantial child abuse or neglect.
25        (2) Shall begin an immediate investigation if, at any
26    time when it is using a family assessment response, it

 

 

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1    determines that there is reason to believe that
2    substantial child abuse or neglect or a serious threat to
3    the child's safety exists.
4        (3) May conduct a family assessment for reports that
5    do not allege substantial child endangerment. In
6    determining that a family assessment is appropriate, the
7    Department may consider issues, including, but not limited
8    to, child safety, parental cooperation, and the need for
9    an immediate response.
10        (4) Shall promulgate criteria, standards, and
11    procedures that shall be applied in making this
12    determination, taking into consideration the Child
13    Endangerment Risk Assessment Protocol of the Department.
14        (5) May conduct a family assessment on a report that
15    was initially screened and assigned for an investigation.
16    In determining that a complete investigation is not
17required, the Department must document the reason for
18terminating the investigation and notify the local law
19enforcement agency or the Illinois State Police if the local
20law enforcement agency or Illinois State Police is conducting
21a joint investigation.
22    Once it is determined that a "family assessment" will be
23implemented, the case shall not be reported to the central
24register of abuse and neglect reports.
25    During a family assessment, the Department shall collect
26any available and relevant information to determine child

 

 

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1safety, risk of subsequent abuse or neglect, and family
2strengths.
3    Information collected includes, but is not limited to,
4when relevant: information with regard to the person reporting
5the alleged abuse or neglect, including the nature of the
6reporter's relationship to the child and to the alleged
7offender, and the basis of the reporter's knowledge for the
8report; the child allegedly being abused or neglected; the
9alleged offender; the child's caretaker; and other collateral
10sources having relevant information related to the alleged
11abuse or neglect. Information relevant to the assessment must
12be asked for, and may include:
13        (A) The child's sex and age, prior reports of abuse or
14    neglect, information relating to developmental
15    functioning, credibility of the child's statement, and
16    whether the information provided under this paragraph (A)
17    is consistent with other information collected during the
18    course of the assessment or investigation.
19        (B) The alleged offender's age, a record check for
20    prior reports of abuse or neglect, and criminal charges
21    and convictions. The alleged offender may submit
22    supporting documentation relevant to the assessment.
23        (C) Collateral source information regarding the
24    alleged abuse or neglect and care of the child. Collateral
25    information includes, when relevant: (i) a medical
26    examination of the child; (ii) prior medical records

 

 

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1    relating to the alleged maltreatment or care of the child
2    maintained by any facility, clinic, or health care
3    professional, and an interview with the treating
4    professionals; and (iii) interviews with the child's
5    caretakers, including the child's parent, guardian, foster
6    parent, child care provider, teachers, counselors, family
7    members, relatives, and other persons who may have
8    knowledge regarding the alleged maltreatment and the care
9    of the child.
10        (D) Information on the existence of domestic abuse and
11    violence in the home of the child, and substance abuse.
12    Nothing in this subsection (a-5) precludes the Department
13from collecting other relevant information necessary to
14conduct the assessment or investigation. Nothing in this
15subsection (a-5) shall be construed to allow the name or
16identity of a reporter to be disclosed in violation of the
17protections afforded under Section 7.19 of this Act.
18    After conducting the family assessment, the Department
19shall determine whether services are needed to address the
20safety of the child and other family members and the risk of
21subsequent abuse or neglect.
22    Upon completion of the family assessment, if the
23Department concludes that no services shall be offered, then
24the case shall be closed. If the Department concludes that
25services shall be offered, the Department shall develop a
26family preservation plan and offer or refer services to the

 

 

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1family.
2    At any time during a family assessment, if the Department
3believes there is any reason to stop the assessment and
4conduct an investigation based on the information discovered,
5the Department shall do so.
6    The procedures available to the Department in conducting
7investigations under this Act shall be followed as appropriate
8during a family assessment.
9    If the Department implements a differential response
10program authorized under this subsection (a-5), the Department
11shall arrange for an independent evaluation of the program for
12at least the first 3 years of implementation to determine
13whether it is meeting the goals in accordance with Section 2 of
14this Act.
15    The Department may adopt administrative rules necessary
16for the execution of this Section, in accordance with Section
174 of the Children and Family Services Act.
18    The Department shall submit a report to the General
19Assembly by January 15, 2018 on the implementation progress
20and recommendations for additional needed legislative changes.
21    (b)(1) The following procedures shall be followed in the
22investigation of all reports of suspected abuse or neglect of
23a child, except as provided in subsection (c) of this Section.
24    (2) If, during a family assessment authorized by
25subsection (a-5) or an investigation, it appears that the
26immediate safety or well-being of a child is endangered, that

 

 

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1the family may flee or the child disappear, or that the facts
2otherwise so warrant, the Child Protective Service Unit shall
3commence an investigation immediately, regardless of the time
4of day or night. All other investigations shall be commenced
5within 24 hours of receipt of the report. Upon receipt of a
6report, the Child Protective Service Unit shall conduct a
7family assessment authorized by subsection (a-5) or begin an
8initial investigation and make an initial determination
9whether the report is a good faith indication of alleged child
10abuse or neglect.
11    (3) Based on an initial investigation, if the Unit
12determines the report is a good faith indication of alleged
13child abuse or neglect, then a formal investigation shall
14commence and, pursuant to Section 7.12 of this Act, may or may
15not result in an indicated report. The formal investigation
16shall include: direct contact with the subject or subjects of
17the report as soon as possible after the report is received; an
18evaluation of the environment of the child named in the report
19and any other children in the same environment; a
20determination of the risk to such children if they continue to
21remain in the existing environments, as well as a
22determination of the nature, extent and cause of any condition
23enumerated in such report; the name, age and condition of
24other children in the environment; and an evaluation as to
25whether there would be an immediate and urgent necessity to
26remove the child from the environment if appropriate family

 

 

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1preservation services were provided. After seeing to the
2safety of the child or children, the Department shall
3forthwith notify the subjects of the report in writing, of the
4existence of the report and their rights existing under this
5Act in regard to amendment or expungement. To fulfill the
6requirements of this Section, the Child Protective Service
7Unit shall have the capability of providing or arranging for
8comprehensive emergency services to children and families at
9all times of the day or night.
10    (4) If (i) at the conclusion of the Unit's initial
11investigation of a report, the Unit determines the report to
12be a good faith indication of alleged child abuse or neglect
13that warrants a formal investigation by the Unit, the
14Department, any law enforcement agency or any other
15responsible agency and (ii) the person who is alleged to have
16caused the abuse or neglect is employed or otherwise engaged
17in an activity resulting in frequent contact with children and
18the alleged abuse or neglect are in the course of such
19employment or activity, then the Department shall, except in
20investigations where the Director determines that such
21notification would be detrimental to the Department's
22investigation, inform the appropriate supervisor or
23administrator of that employment or activity that the Unit has
24commenced a formal investigation pursuant to this Act, which
25may or may not result in an indicated report. The Department
26shall also notify the person being investigated, unless the

 

 

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1Director determines that such notification would be
2detrimental to the Department's investigation.
3    (c) In an investigation of a report of suspected abuse or
4neglect of a child by a school employee at a school or on
5school grounds, the Department shall make reasonable efforts
6to follow the following procedures:
7        (1) Investigations involving teachers shall not, to
8    the extent possible, be conducted when the teacher is
9    scheduled to conduct classes. Investigations involving
10    other school employees shall be conducted so as to
11    minimize disruption of the school day. The school employee
12    accused of child abuse or neglect may have the school
13    employee's his superior, the school employee's his
14    association or union representative and the school
15    employee's his attorney present at any interview or
16    meeting at which the teacher or administrator is present.
17    The accused school employee shall be informed by a
18    representative of the Department, at any interview or
19    meeting, of the accused school employee's due process
20    rights and of the steps in the investigation process.
21    These due process rights shall also include the right of
22    the school employee to present countervailing evidence
23    regarding the accusations. In an investigation in which
24    the alleged perpetrator of abuse or neglect is a school
25    employee, including, but not limited to, a school teacher
26    or administrator, and the recommendation is to determine

 

 

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1    the report to be indicated, in addition to other
2    procedures as set forth and defined in Department rules
3    and procedures, the employee's due process rights shall
4    also include: (i) the right to a copy of the investigation
5    summary; (ii) the right to review the specific allegations
6    which gave rise to the investigation; and (iii) the right
7    to an administrator's teleconference which shall be
8    convened to provide the school employee with the
9    opportunity to present documentary evidence or other
10    information that supports the school employee's his or her
11    position and to provide information before a final finding
12    is entered.
13        (2) If a report of neglect or abuse of a child by a
14    teacher or administrator does not involve allegations of
15    sexual abuse or extreme physical abuse, the Child
16    Protective Service Unit shall make reasonable efforts to
17    conduct the initial investigation in coordination with the
18    employee's supervisor.
19        If the Unit determines that the report is a good faith
20    indication of potential child abuse or neglect, it shall
21    then commence a formal investigation under paragraph (3)
22    of subsection (b) of this Section.
23        (3) If a report of neglect or abuse of a child by a
24    teacher or administrator involves an allegation of sexual
25    abuse or extreme physical abuse, the Child Protective Unit
26    shall commence an investigation under paragraph (2) of

 

 

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1    subsection (b) of this Section.
2    (c-5) In any instance in which a report is made or caused
3to made by a school district employee involving the conduct of
4a person employed by the school district, at the time the
5report was made, as required under Section 4 of this Act, the
6Child Protective Service Unit shall send a copy of its final
7finding report to the general superintendent of that school
8district.
9    (c-10) The Department may recommend that a school district
10remove a school employee who is the subject of an
11investigation from the school employee's his or her employment
12position pending the outcome of the investigation; however,
13all employment decisions regarding school personnel shall be
14the sole responsibility of the school district or employer.
15The Department may not require a school district to remove a
16school employee from the school employee's his or her
17employment position or limit the school employee's duties
18pending the outcome of an investigation.
19    (d) If the Department has contact with an employer, or
20with a religious institution or religious official having
21supervisory or hierarchical authority over a member of the
22clergy accused of the abuse of a child, in the course of its
23investigation, the Department shall notify the employer or the
24religious institution or religious official, in writing, when
25a report is unfounded so that any record of the investigation
26can be expunged from the employee's or member of the clergy's

 

 

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1personnel or other records. The Department shall also notify
2the employee or the member of the clergy, in writing, that
3notification has been sent to the employer or to the
4appropriate religious institution or religious official
5informing the employer or religious institution or religious
6official that the Department's investigation has resulted in
7an unfounded report.
8    (d-1) Whenever a report alleges that a child was abused or
9neglected while receiving care in a hospital, including a
10freestanding psychiatric hospital licensed by the Department
11of Public Health, the Department shall send a copy of its final
12finding to the Director of Public Health and the Director of
13Healthcare and Family Services.
14    (e) Upon request by the Department, the Illinois State
15Police and law enforcement agencies are authorized to provide
16criminal history record information as defined in the Illinois
17Uniform Conviction Information Act and information maintained
18in the adjudicatory and dispositional record system as defined
19in Section 2605-355 of the Illinois State Police Law to
20properly designated employees of the Department of Children
21and Family Services if the Department determines the
22information is necessary to perform its duties under the
23Abused and Neglected Child Reporting Act, the Child Care Act
24of 1969, and the Children and Family Services Act. The request
25shall be in the form and manner required by the Illinois State
26Police. Any information obtained by the Department of Children

 

 

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1and Family Services under this Section is confidential and may
2not be transmitted outside the Department of Children and
3Family Services other than to a court of competent
4jurisdiction or unless otherwise authorized by law. Any
5employee of the Department of Children and Family Services who
6transmits confidential information in violation of this
7Section or causes the information to be transmitted in
8violation of this Section is guilty of a Class A misdemeanor
9unless the transmittal of the information is authorized by
10this Section or otherwise authorized by law.
11    (f) For purposes of this Section, "child abuse or neglect"
12includes abuse or neglect of an adult resident as defined in
13this Act.
14(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
15    (325 ILCS 5/7.9)  (from Ch. 23, par. 2057.9)
16    Sec. 7.9. The Department shall prepare, print, and
17distribute initial, preliminary, and final reporting forms to
18each Child Protective Service Unit. Initial written reports
19from the reporting source shall contain the following
20information to the extent known at the time the report is made:
21(1) the names and addresses of the child and the child's his
22parents or other persons responsible for the child's his
23welfare; (1.5) the name and address of the school that the
24child attends (or the school that the child last attended, if
25the report is written during the summer when school is not in

 

 

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1session), and the name of the school district in which the
2school is located, if applicable; (2) the child's age, sex,
3and race; (3) the nature and extent of the child's abuse or
4neglect, including any evidence of prior injuries, abuse, or
5neglect of the child or the child's his siblings; (4) the names
6of the persons apparently responsible for the abuse or
7neglect; (5) family composition, including names, ages, sexes,
8and races of other children in the home; (6) the name of the
9person making the report, the reporter's his occupation, and
10where the reporter he can be reached; (7) the actions taken by
11the reporting source, including the taking of photographs and
12x-rays, placing the child in temporary protective custody, or
13notifying the medical examiner or coroner; and (8) any other
14information the person making the report believes might be
15helpful in the furtherance of the purposes of this Act.
16(Source: P.A. 92-295, eff. 1-1-02; 92-651, eff. 7-11-02.)
 
17    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
18    Sec. 7.14. All reports in the central register shall be
19classified in one of three categories: "indicated",
20"unfounded" or "undetermined", as the case may be. Prior to
21classifying the report, the Department shall determine whether
22the report is subject to Department review under Section
237.22a. If the report is subject to Department review, the
24report shall not be classified as unfounded until the review
25is completed. Prior to classifying the report, the person

 

 

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1making the classification shall determine whether the child
2named in the report is the subject of an action under Article V
3of the Juvenile Court Act of 1987 who is in the custody or
4guardianship of the Department or who has an open intact
5family services case with the Department or is the subject of
6an action under Article II of the Juvenile Court Act of 1987.
7If the child either is the subject of an action under Article V
8of the Juvenile Court Act of 1987 and is in the custody or
9guardianship of the Department or has an open intact family
10services case with the Department or is the subject of an
11action under Article II of the Juvenile Court Act of 1987 and
12the Department intends to classify the report as indicated,
13the Department shall, within 45 days of classification of the
14report, transmit a copy of the report to the attorney or
15guardian ad litem appointed for the child under Section 2-17
16of the Juvenile Court Act of 1987 or to a guardian ad litem
17appointed under Section 5-610 of the Juvenile Court Act of
181987. If the child either is the subject of an action under
19Article V of the Juvenile Court Act of 1987 and is in the
20custody or guardianship of the Department or has an open
21intact family services case with the Department or is the
22subject of an action under Article II of the Juvenile Court Act
23of 1987 and the Department intends to classify the report as
24unfounded, the Department shall, within 45 days of deciding
25its intent to classify the report as unfounded, transmit a
26copy of the report and written notice of the Department's

 

 

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1intent to the attorney or guardian ad litem appointed for the
2child under Section 2-17 of the Juvenile Court Act of 1987, or
3to a guardian ad litem appointed under Section 5-610 of the
4Juvenile Court Act of 1987. The Department's obligation under
5this Section to provide reports to a guardian ad litem
6appointed under Section 5-610 of the Juvenile Court Act of
71987 for a minor with an open intact family services case
8applies only if the guardian ad litem notified the Department
9in writing of the representation. All information identifying
10the subjects of an unfounded report shall be expunged from the
11register forthwith, except as provided in Section 7.7.
12Unfounded reports may only be made available to the Child
13Protective Service Unit when investigating a subsequent report
14of suspected abuse or maltreatment involving a child named in
15the unfounded report; and to the subject of the report,
16provided the Department has not expunged the file in
17accordance with Section 7.7. The Child Protective Service Unit
18shall not indicate the subsequent report solely based upon the
19existence of the prior unfounded report or reports.
20Notwithstanding any other provision of law to the contrary, an
21unfounded report shall not be admissible in any judicial or
22administrative proceeding or action except for proceedings
23under Sections 2-10 and 2-21 of the Juvenile Court Act of 1987
24involving a petition filed under Section 2-13 of the Juvenile
25Court Act of 1987 alleging abuse or neglect to the same child,
26a sibling of the child, the same perpetrator, or a member of

 

 

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1the child's household. Identifying information on all other
2records shall be removed from the register no later than 5
3years after the report is indicated. However, if another
4report is received involving the same child, the child's his
5sibling or offspring, or a child in the care of the persons
6responsible for the child's welfare, or involving the same
7alleged offender, the identifying information may be
8maintained in the register until 5 years after the subsequent
9case or report is closed.
10    Notwithstanding any other provision of this Section,
11identifying information in indicated reports involving serious
12physical injury to a child as defined by the Department in
13rules, may be retained longer than 5 years after the report is
14indicated or after the subsequent case or report is closed,
15and may not be removed from the register except as provided by
16the Department in rules. Identifying information in indicated
17reports involving sexual penetration of a child, sexual
18molestation of a child, sexual exploitation of a child,
19torture of a child, or the death of a child, as defined by the
20Department in rules, shall be retained for a period of not less
21than 50 years after the report is indicated or after the
22subsequent case or report is closed.
23    For purposes of this Section, "child" includes an adult
24resident as defined in this Act.
25(Source: P.A. 101-528, eff. 8-23-19; 102-532, eff. 8-20-21.)
 

 

 

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1    (325 ILCS 5/7.16)  (from Ch. 23, par. 2057.16)
2    Sec. 7.16. For any investigation or appeal initiated on or
3after, or pending on July 1, 1998, the following time frames
4shall apply. Within 60 days after the notification of the
5completion of the Child Protective Service Unit investigation,
6determined by the date of the notification sent by the
7Department, the perpetrator named in the notification may
8request the Department to amend the record or remove the
9record of the report from the register, except that the 60-day
10deadline for filing a request to amend the record or remove the
11record of the report from the State Central Register shall be
12tolled until after the conclusion of any criminal court action
13in the circuit court or after adjudication in any juvenile
14court action concerning the circumstances that give rise to an
15indicated report. Such request shall be in writing and
16directed to such person as the Department designates in the
17notification letter notifying the perpetrator of the indicated
18finding. The perpetrator shall have the right to a timely
19hearing within the Department to determine whether the record
20of the report should be amended or removed on the grounds that
21it is inaccurate or it is being maintained in a manner
22inconsistent with this Act, except that there shall be no such
23right to a hearing on the ground of the report's inaccuracy if
24there has been a court finding of child abuse or neglect or a
25criminal finding of guilt as to the perpetrator. Such hearing
26shall be held within a reasonable time after the perpetrator's

 

 

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1request and at a reasonable place and hour. The appropriate
2Child Protective Service Unit shall be given notice of the
3hearing. If the minor, who is the victim named in the report
4sought to be amended or removed from the State Central
5Register, is the subject of a pending action under Article V of
6the Juvenile Court Act of 1987 and is in the custody or
7guardianship of the Department or has an open intact family
8services case with the Department or is the subject of a
9pending action under Article II of the Juvenile Court Act of
101987, and the report was made while a guardian ad litem was
11appointed for the minor under Section 5-610 or 2-17 of the
12Juvenile Court Act of 1987, then the minor shall, through the
13minor's attorney or guardian ad litem appointed under Section
145-610 or 2-17 of the Juvenile Court Act of 1987, have the right
15to participate and be heard in such hearing as defined under
16the Department's rules. The Department's obligation under this
17Section to provide a minor with a guardian ad litem appointed
18under Section 5-610 of the Juvenile Court Act of 1987 and an
19open intact family services case with the right to participate
20and be heard applies only if the guardian ad litem notified the
21Department in writing of the representation. In such hearings,
22the burden of proving the accuracy and consistency of the
23record shall be on the Department and the appropriate Child
24Protective Service Unit. The hearing shall be conducted by the
25Director or the Director's his designee, who is hereby
26authorized and empowered to order the amendment or removal of

 

 

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1the record to make it accurate and consistent with this Act.
2The decision shall be made, in writing, at the close of the
3hearing, or within 60 days thereof, and shall state the
4reasons upon which it is based. Decisions of the Department
5under this Section are administrative decisions subject to
6judicial review under the Administrative Review Law.
7    Should the Department grant the request of the perpetrator
8pursuant to this Section either on administrative review or
9after an administrative hearing to amend an indicated report
10to an unfounded report, the report shall be released and
11expunged in accordance with the standards set forth in Section
127.14 of this Act.
13(Source: P.A. 100-158, eff. 1-1-18.)
 
14    (325 ILCS 5/7.19)  (from Ch. 23, par. 2057.19)
15    Sec. 7.19. Upon request, a subject of a report shall be
16entitled to receive a copy of all information contained in the
17central register pertaining to the subject's his case.
18However, the Department may prohibit the release of data that
19would identify or locate a person who, in good faith, made a
20report or cooperated in a subsequent investigation. In
21addition, the Department may seek a court order from the
22circuit court prohibiting the release of any information which
23the court finds is likely to be harmful to the subject of the
24report.
25(Source: P.A. 81-1077.)
 

 

 

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1    (325 ILCS 5/11.1)  (from Ch. 23, par. 2061.1)
2    Sec. 11.1. Access to records.
3    (a) A person shall have access to the records described in
4Section 11 only in furtherance of purposes directly connected
5with the administration of this Act or the Intergovernmental
6Missing Child Recovery Act of 1984. Those persons and purposes
7for access include:
8        (1) Department staff in the furtherance of their
9    responsibilities under this Act, or for the purpose of
10    completing background investigations on persons or
11    agencies licensed by the Department or with whom the
12    Department contracts for the provision of child welfare
13    services.
14        (2) A law enforcement agency investigating known or
15    suspected child abuse or neglect, known or suspected
16    involvement with child pornography, known or suspected
17    criminal sexual assault, known or suspected criminal
18    sexual abuse, or any other sexual offense when a child is
19    alleged to be involved.
20        (3) The Illinois State Police when administering the
21    provisions of the Intergovernmental Missing Child Recovery
22    Act of 1984.
23        (4) A physician who has before the physician him a
24    child whom the physician he reasonably suspects may be
25    abused or neglected.

 

 

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1        (5) A person authorized under Section 5 of this Act to
2    place a child in temporary protective custody when such
3    person requires the information in the report or record to
4    determine whether to place the child in temporary
5    protective custody.
6        (6) A person having the legal responsibility or
7    authorization to care for, treat, or supervise a child, or
8    a parent, prospective adoptive parent, foster parent,
9    guardian, or other person responsible for the child's
10    welfare, who is the subject of a report.
11        (7) Except in regard to harmful or detrimental
12    information as provided in Section 7.19, any subject of
13    the report, and if the subject of the report is a minor,
14    the minor's his guardian or guardian ad litem.
15        (8) A court, upon its finding that access to such
16    records may be necessary for the determination of an issue
17    before such court; however, such access shall be limited
18    to in camera inspection, unless the court determines that
19    public disclosure of the information contained therein is
20    necessary for the resolution of an issue then pending
21    before it.
22        (8.1) A probation officer or other authorized
23    representative of a probation or court services department
24    conducting an investigation ordered by a court under the
25    Juvenile Court Act of 1987.
26        (9) A grand jury, upon its determination that access

 

 

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1    to such records is necessary in the conduct of its
2    official business.
3        (10) Any person authorized by the Director, in
4    writing, for audit or bona fide research purposes.
5        (11) Law enforcement agencies, coroners or medical
6    examiners, physicians, courts, school superintendents and
7    child welfare agencies in other states who are responsible
8    for child abuse or neglect investigations or background
9    investigations.
10        (12) The Department of Professional Regulation, the
11    State Board of Education and school superintendents in
12    Illinois, who may use or disclose information from the
13    records as they deem necessary to conduct investigations
14    or take disciplinary action, as provided by law.
15        (13) A coroner or medical examiner who has reason to
16    believe that a child has died as the result of abuse or
17    neglect.
18        (14) The Director of a State-operated facility when an
19    employee of that facility is the perpetrator in an
20    indicated report.
21        (15) The operator of a licensed child care facility or
22    a facility licensed by the Department of Human Services
23    (as successor to the Department of Alcoholism and
24    Substance Abuse) in which children reside when a current
25    or prospective employee of that facility is the
26    perpetrator in an indicated child abuse or neglect report,

 

 

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1    pursuant to Section 4.3 of the Child Care Act of 1969.
2        (16) Members of a multidisciplinary team in the
3    furtherance of its responsibilities under subsection (b)
4    of Section 7.1. All reports concerning child abuse and
5    neglect made available to members of such
6    multidisciplinary teams and all records generated as a
7    result of such reports shall be confidential and shall not
8    be disclosed, except as specifically authorized by this
9    Act or other applicable law. It is a Class A misdemeanor to
10    permit, assist or encourage the unauthorized release of
11    any information contained in such reports or records.
12    Nothing contained in this Section prevents the sharing of
13    reports or records relating or pertaining to the death of
14    a minor under the care of or receiving services from the
15    Department of Children and Family Services and under the
16    jurisdiction of the juvenile court with the juvenile
17    court, the State's Attorney, and the minor's attorney.
18        (17) The Department of Human Services, as provided in
19    Section 17 of the Rehabilitation of Persons with
20    Disabilities Act.
21        (18) Any other agency or investigative body, including
22    the Department of Public Health and a local board of
23    health, authorized by State law to conduct an
24    investigation into the quality of care provided to
25    children in hospitals and other State regulated care
26    facilities.

 

 

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1        (19) The person appointed, under Section 2-17 of the
2    Juvenile Court Act of 1987, as the guardian ad litem of a
3    minor who is the subject of a report or records under this
4    Act; or the person appointed, under Section 5-610 of the
5    Juvenile Court Act of 1987, as the guardian ad litem of a
6    minor who is in the custody or guardianship of the
7    Department or who has an open intact family services case
8    with the Department and who is the subject of a report or
9    records made pursuant to this Act.
10        (20) The Department of Human Services, as provided in
11    Section 10 of the Early Intervention Services System Act,
12    and the operator of a facility providing early
13    intervention services pursuant to that Act, for the
14    purpose of determining whether a current or prospective
15    employee who provides or may provide direct services under
16    that Act is the perpetrator in an indicated report of
17    child abuse or neglect filed under this Act.
18    (b) Nothing contained in this Act prevents the sharing or
19disclosure of information or records relating or pertaining to
20juveniles subject to the provisions of the Serious Habitual
21Offender Comprehensive Action Program when that information is
22used to assist in the early identification and treatment of
23habitual juvenile offenders.
24    (c) To the extent that persons or agencies are given
25access to information pursuant to this Section, those persons
26or agencies may give this information to and receive this

 

 

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1information from each other in order to facilitate an
2investigation conducted by those persons or agencies.
3(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
4    (325 ILCS 5/11.1a)
5    Sec. 11.1a. Disclosure of information.
6    (a) The Director or a person designated in writing by the
7Director for this purpose may disclose information regarding
8the abuse or neglect of a child as set forth in this Section,
9the investigation thereof, and any services related thereto,
10if the Director or a person designated in writing by the
11Director he or she determines that such disclosure is not
12contrary to the best interests of the child, the child's
13siblings, or other children in the household, and one of the
14following factors are present:
15        (1) The subject of the report has been criminally
16    charged with committing a crime related to the child abuse
17    or neglect report; or
18        (2) A law enforcement agency or official, a State's
19    Attorney, or a judge of the State court system has
20    publicly disclosed in a report as part of the law
21    enforcement agency's or official's, the State's
22    Attorney's, or the judge's his or her official duty,
23    information regarding the investigation of a report or the
24    provision of services by the Department; or
25        (3) An adult subject of the report has knowingly and

 

 

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1    voluntarily made a public disclosure concerning a Child
2    Abuse and Neglect Tracking System report; or
3        (4) The child named in the report has been critically
4    injured or died.
5    (b) Information may be disclosed pursuant to this Section
6as follows:
7        (1) The name of the alleged abused or neglected child.
8        (2) The current status of the investigation, including
9    whether a determination of credible evidence has been
10    made.
11        (3) Identification of child protective or other
12    services provided or actions taken regarding the child
13    named in the report and the child's his or her family as a
14    result of this report.
15        (4) Whether there have been past reports of child
16    abuse or neglect involving this child or family, or both.
17    Any such reports shall be clearly identified as being
18    "Indicated", "Unfounded", or "Pending".
19        (5) Whether the Department has a current or past open
20    service case with the family, and a history of what types
21    of services have been, or are being, provided.
22        (6) Any extraordinary or pertinent information
23    concerning the circumstances of the report, if the
24    Director determines such disclosure is consistent with the
25    public interest.
26    (c) Any disclosure of information pursuant to this Section

 

 

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1shall not identify the name of or provide identifying
2information regarding the source of the report.
3    (d) In determining pursuant to subsection (a) of this
4Section, whether disclosure will be contrary to the best
5interests of the child, the child's siblings, or other
6children in the household, the Director shall consider the
7interest in privacy of the child and the child's family and the
8effects which disclosure may have on efforts to reunite and
9provide services to the family.
10    (e) Except as it applies directly to the cause of the abuse
11or neglect of the child, nothing in this Section shall be
12deemed to authorize the release or disclosure of the substance
13or content of any psychological, psychiatric, therapeutic,
14clinical, or medical reports, evaluations, or like materials
15pertaining to the child or the child's family. Prior to the
16release or disclosure of any psychological, psychiatric, or
17therapeutic reports pursuant to this subsection, the Deputy
18Director of Clinical Services shall review such materials and
19make recommendations regarding its release. Any disclosure of
20information pursuant to this Section shall not identify the
21health care provider, health care facility or other maker of
22the report or source of any psychological, psychiatric,
23therapeutic, clinical, or medical reports, evaluations, or
24like materials.
25    (f) Regarding child abuse or neglect reports which occur
26at a facility licensed by the Department of Children and

 

 

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1Family Services, only the following information may be
2disclosed or released:
3        (1) The name of the facility.
4        (2) The nature of the allegations of abuse or neglect.
5        (3) The number and ages of child victims involved, and
6    their relationship to the perpetrator.
7        (4) Actions the Department has taken to ensure the
8    safety of the children during and subsequent to the
9    investigation.
10        (5) The final finding status of the investigation.
11(Source: P.A. 90-75, eff. 1-1-98.)
 
12    (325 ILCS 5/11.3)  (from Ch. 23, par. 2061.3)
13    Sec. 11.3. A person given access to the names or other
14information identifying the subjects of the report, except the
15subject of the report, shall not make public such identifying
16information unless the person he is a State's attorney or
17other law enforcement official and the purpose is to initiate
18court action. Violation of this Section is a Class A
19misdemeanor.
20(Source: P.A. 81-1077.)
 
21    (325 ILCS 5/11.5)  (from Ch. 23, par. 2061.5)
22    Sec. 11.5. Public awareness program.
23    (a) No later than 6 months after the effective date of this
24amendatory Act of the 101st General Assembly, the Department

 

 

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1of Children and Family Services shall develop culturally
2sensitive materials on child abuse and child neglect, the
3statewide toll-free telephone number established under Section
47.6, and the process for reporting any reasonable suspicion of
5child abuse or child neglect.
6    The Department shall reach out to businesses and
7organizations to seek assistance in raising awareness about
8child abuse and child neglect and the statewide toll-free
9telephone number established under Section 7.6, including
10posting notices. The Department shall make a model notice
11available for download on the Department's website. The model
12notice shall:
13        (1) be available in English, Spanish, and the 2 other
14    languages most widely spoken in the State;
15        (2) be at least 8 1/2 inches by 11 inches in size and
16    written in a 16-point font;
17        (3) include the following statement:
18            "Protecting children is a responsibility we all
19        share. It is important for every person to take child
20        abuse and child neglect seriously, to be able to
21        recognize when it happens, and to know what to do next.
22        If you have reason to believe a child you know is being
23        abused or neglected, call the State's child abuse
24        hotline"; and
25        (4) include the statewide toll-free telephone number
26    established under Section 7.6, and the Department's

 

 

SB3961- 242 -LRB102 22864 WGH 32015 b

1    website address where more information about child abuse
2    and child neglect is available.
3    (b) Within the appropriation available, the Department
4shall conduct a continuing education and training program for
5State and local staff, persons and officials required to
6report, the general public, and other persons engaged in or
7intending to engage in the prevention, identification, and
8treatment of child abuse and neglect. The program shall be
9designed to encourage the fullest degree of reporting of known
10and suspected child abuse and neglect, and to improve
11communication, cooperation, and coordination among all
12agencies in the identification, prevention, and treatment of
13child abuse and neglect. The program shall inform the general
14public and professionals of the nature and extent of child
15abuse and neglect and their responsibilities, obligations,
16powers and immunity from liability under this Act. It may
17include information on the diagnosis of child abuse and
18neglect and the roles and procedures of the Child Protective
19Service Unit, the Department and central register, the courts
20and of the protective, treatment, and ameliorative services
21available to children and their families. Such information may
22also include special needs of persons mothers at risk of
23delivering a child whose life or development may be threatened
24by a disabling condition, to ensure informed consent to
25treatment of the condition and understanding of the unique
26child care responsibilities required for such a child. The

 

 

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1program may also encourage parents and other persons having
2responsibility for the welfare of children to seek assistance
3on their own in meeting their child care responsibilities and
4encourage the voluntary acceptance of available services when
5they are needed. It may also include publicity and
6dissemination of information on the existence and number of
7the 24 hour, State-wide, toll-free telephone service to assist
8persons seeking assistance and to receive reports of known and
9suspected abuse and neglect.
10    (c) Within the appropriation available, the Department
11also shall conduct a continuing education and training program
12for State and local staff involved in investigating reports of
13child abuse or neglect made under this Act. The program shall
14be designed to train such staff in the necessary and
15appropriate procedures to be followed in investigating cases
16which it appears may result in civil or criminal charges being
17filed against a person. Program subjects shall include but not
18be limited to the gathering of evidence with a view toward
19presenting such evidence in court and the involvement of State
20or local law enforcement agencies in the investigation. The
21program shall be conducted in cooperation with State or local
22law enforcement agencies, State's Attorneys and other
23components of the criminal justice system as the Department
24deems appropriate.
25(Source: P.A. 101-564, eff. 1-1-20.)
 

 

 

SB3961- 244 -LRB102 22864 WGH 32015 b

1    (325 ILCS 5/11.8)
2    Sec. 11.8. Cross-reporting.
3    (a) Investigation Specialists, Intact Family Specialists,
4and Placement Specialists employed by the Department of
5Children and Family Services who reasonably believe that an
6animal observed by them when in their professional or official
7capacity is being abused or neglected in violation of the
8Humane Care for Animals Act must immediately make a written or
9oral report to the Department of Agriculture's Bureau of
10Animal Health and Welfare. However, the Department of Children
11and Family Services may not discipline an Investigation
12Specialist, an Intact Family Specialist, or a Placement
13Specialist for failing to make such a report if the Specialist
14determines that making the report would interfere with the
15performance of the specialist's his or her child welfare
16protection duties.
17    (b) A home rule unit may not regulate the reporting of
18child abuse or neglect in a manner inconsistent with the
19provisions of this Section. This Section is a limitation under
20subsection (i) of Section 6 of Article VII of the Illinois
21Constitution on the concurrent exercise by home rule units of
22powers and functions exercised by the State.
23(Source: P.A. 96-494, eff. 8-14-09.)
 
24    Section 60. The Child Sexual Abuse Prevention Act is
25amended by changing Sections 4 and 7 as follows:
 

 

 

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1    (325 ILCS 15/4)  (from Ch. 23, par. 2084)
2    Sec. 4. The Department of Children and Family Services
3shall support through a grant program a child sexual abuse
4crisis intervention demonstration center in Cook County and in
5other parts of the State as funding permits. The functions and
6goals of such crisis intervention centers shall be:
7    (a) To respond within 24 hours or as soon thereafter as
8possible to a report of child sexual abuse or exploitation by
9professional contact with the child and the child's his
10family, and with those persons in the courts and police
11department involved in the case.
12    (b) The agents of such crisis intervention centers shall:
13        (1) refer the child, and the child's his family if
14    appropriate, to counseling services, including those
15    provided by the treatment centers;
16        (2) accompany the victim through all stages of police
17    investigation, case development and trial where necessary;
18        (3) provide advice to involved police, assistant
19    district attorneys, and judges in the proper handling of a
20    child subjected to sexual abuse and exploitation whenever
21    possible. This advice will be made with consideration to
22    the following priorities:
23            (i) the welfare of the child; and
24            (ii) improved chances for a successful
25        prosecution;

 

 

SB3961- 246 -LRB102 22864 WGH 32015 b

1        (4) make every effort to develop an approach which
2    meets the needs of developing a sound case by assisting
3    the child to understand and cope with the child's his role
4    in the prosecution process.
5    (c) The crisis intervention demonstration centers shall
6develop and implement written procedures for case planning and
7case monitoring in relation to the processes of treatment and
8of investigation and prosecution.
9    (d) Crisis intervention agents should demonstrate evidence
10of professional knowledge of child development and a record of
11positive interaction with the police and courts.
12    (e) The centers shall develop training materials for city
13and county and State personnel through the State to enable
14emulation and adaptation of the program by other communities
15and to develop awareness of the problems faced by a child
16sexual abuse victim as the victim he confronts the criminal
17justice system.
18    (f) The centers shall report to the director improvements
19in the criminal justice system and the interrelation of the
20criminal justice system and child support systems that would
21serve to meet the goals of this Act.
22    (g) Reports of child sexual abuse referred for
23investigation to a local law enforcement agency in Cook County
24by the State Central Registry of the Department of Children
25and Family Services must also be referred to the crisis
26intervention center. Reports of child sexual abuse made

 

 

SB3961- 247 -LRB102 22864 WGH 32015 b

1directly to a local law enforcement agency in Cook County may
2be referred by that agency to the crisis intervention center.
3All centers shall make local law enforcement agencies aware of
4their purposes and encourage their utilization.
5(Source: P.A. 84-564.)
 
6    (325 ILCS 15/7)  (from Ch. 23, par. 2087)
7    Sec. 7. The Director of the Department of Children and
8Family Services shall submit annual reports to the General
9Assembly concerning the Department's his findings regarding
10the degree of achievement of the goals of this Act.
11(Source: P.A. 84-564.)
 
12    Section 65. The Juvenile Court Act of 1987 is amended by
13changing Sections 1-2, 1-3, 1-5, 1-7, 1-8, 1-9, 2-1, 2-3, 2-4,
142-4b, 2-5, 2-6, 2-7, 2-8, 2-9, 2-10, 2-10.3, 2-11, 2-13,
152-13.1, 2-15, 2-16, 2-17, 2-17.1, 2-20, 2-22, 2-23, 2-24,
162-25, 2-26, 2-27, 2-27.1, 2-28, 2-29, 2-31, 2-34, 3-1, 3-3,
173-4, 3-5, 3-6, 3-7, 3-8, 3-9, 3-10, 3-11, 3-12, 3-14, 3-15,
183-16, 3-17, 3-18, 3-19, 3-21, 3-22, 3-23, 3-24, 3-25, 3-26,
193-27, 3-28, 3-29, 3-30, 3-32, 3-33.5, 4-1, 4-4, 4-5, 4-6, 4-7,
204-8, 4-9, 4-11, 4-12, 4-13, 4-14 4-15, 4-16, 4-18, 4-20, 4-21,
214-22, 4-23, 4-24, 4-25, 4-26, 4-27, 4-29, 5-101, 5-105, 5-110,
225-120, 5-130, 5-145, 5-150, 5-155, 5-160, 5-170, 5-301, 5-305,
235-310, 5-401, 5-401.5, 5-401.6, 5-405, 5-407, 5-410, 5-415,
245-501, 5-505, 5-520, 5-525, 5-530, 5-601, 5-605, 5-610, 5-615,

 

 

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15-620, 5-625, 5-705, 5-710, 5-711, 5-715, 5-720, 5-725, 5-730,
25-735, 5-740, 5-745, 5-750, 5-755, 5-7A-105, 5-7A-115, 5-810,
35-815, 5-820, 5-901, 5-905, 5-910, 5-915, 5-920, 6-1, 6-3,
46-4, 6-7, 6-8, 6-9, and 6-10 as follows:
 
5    (705 ILCS 405/1-2)  (from Ch. 37, par. 801-2)
6    Sec. 1-2. Purpose and policy.
7    (1) The purpose of this Act is to secure for each minor
8subject hereto such care and guidance, preferably in the
9minor's his or her own home, as will serve the safety and
10moral, emotional, mental, and physical welfare of the minor
11and the best interests of the community; to preserve and
12strengthen the minor's family ties whenever possible, removing
13the minor him or her from the custody of the minor's his or her
14parents only when the minor's his or her safety or welfare or
15the protection of the public cannot be adequately safeguarded
16without removal; if the child is removed from the custody of
17the minor's his or her parent, the Department of Children and
18Family Services immediately shall consider concurrent
19planning, as described in Section 5 of the Children and Family
20Services Act so that permanency may occur at the earliest
21opportunity; consideration should be given so that if
22reunification fails or is delayed, the placement made is the
23best available placement to provide permanency for the child;
24and, when the minor is removed from the minor's his or her own
25family, to secure for the minor him or her custody, care and

 

 

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1discipline as nearly as possible equivalent to that which
2should be given by the minor's his or her parents, and in cases
3where it should and can properly be done to place the minor in
4a family home so that the minor he or she may become a member
5of the family by legal adoption or otherwise. Provided that a
6ground for unfitness under the Adoption Act can be met, it may
7be appropriate to expedite termination of parental rights:
8        (a) when reasonable efforts are inappropriate, or have
9    been provided and were unsuccessful, and there are
10    aggravating circumstances including, but not limited to,
11    those cases in which (i) the child or another child of that
12    child's parent was (A) abandoned, (B) tortured, or (C)
13    chronically abused or (ii) the parent is criminally
14    convicted of (A) first degree murder or second degree
15    murder of any child, (B) attempt or conspiracy to commit
16    first degree murder or second degree murder of any child,
17    (C) solicitation to commit murder, solicitation to commit
18    murder for hire, solicitation to commit second degree
19    murder of any child, or aggravated assault in violation of
20    subdivision (a)(13) of Section 12-2 of the Criminal Code
21    of 1961 or the Criminal Code of 2012, or (D) aggravated
22    criminal sexual assault in violation of Section
23    11-1.40(a)(1) or 12-14.1(a)(1) of the Criminal Code of
24    1961 or the Criminal Code of 2012; or
25        (b) when the parental rights of a parent with respect
26    to another child of the parent have been involuntarily

 

 

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1    terminated; or
2        (c) in those extreme cases in which the parent's
3    incapacity to care for the child, combined with an
4    extremely poor prognosis for treatment or rehabilitation,
5    justifies expedited termination of parental rights.
6    (2) In all proceedings under this Act the court may direct
7the course thereof so as promptly to ascertain the
8jurisdictional facts and fully to gather information bearing
9upon the current condition and future welfare of persons
10subject to this Act. This Act shall be administered in a spirit
11of humane concern, not only for the rights of the parties, but
12also for the fears and the limits of understanding of all who
13appear before the court.
14    (3) In all procedures under this Act, the following shall
15apply:
16        (a) The procedural rights assured to the minor shall
17    be the rights of adults unless specifically precluded by
18    laws which enhance the protection of such minors.
19        (b) Every child has a right to services necessary to
20    the child's his or her safety and proper development,
21    including health, education and social services.
22        (c) The parents' right to the custody of their child
23    shall not prevail when the court determines that it is
24    contrary to the health, safety, and best interests of the
25    child.
26    (4) This Act shall be liberally construed to carry out the

 

 

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1foregoing purpose and policy.
2(Source: P.A. 97-1150, eff. 1-25-13.)
 
3    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
4    Sec. 1-3. Definitions. Terms used in this Act, unless the
5context otherwise requires, have the following meanings
6ascribed to them:
7    (1) "Adjudicatory hearing" means a hearing to determine
8whether the allegations of a petition under Section 2-13, 3-15
9or 4-12 that a minor under 18 years of age is abused, neglected
10or dependent, or requires authoritative intervention, or
11addicted, respectively, are supported by a preponderance of
12the evidence or whether the allegations of a petition under
13Section 5-520 that a minor is delinquent are proved beyond a
14reasonable doubt.
15    (2) "Adult" means a person 21 years of age or older.
16    (3) "Agency" means a public or private child care facility
17legally authorized or licensed by this State for placement or
18institutional care or for both placement and institutional
19care.
20    (4) "Association" means any organization, public or
21private, engaged in welfare functions which include services
22to or on behalf of children but does not include "agency" as
23herein defined.
24    (4.05) Whenever a "best interest" determination is
25required, the following factors shall be considered in the

 

 

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1context of the child's age and developmental needs:
2        (a) the physical safety and welfare of the child,
3    including food, shelter, health, and clothing;
4        (b) the development of the child's identity;
5        (c) the child's background and ties, including
6    familial, cultural, and religious;
7        (d) the child's sense of attachments, including:
8            (i) where the child actually feels love,
9        attachment, and a sense of being valued (as opposed to
10        where adults believe the child should feel such love,
11        attachment, and a sense of being valued);
12            (ii) the child's sense of security;
13            (iii) the child's sense of familiarity;
14            (iv) continuity of affection for the child;
15            (v) the least disruptive placement alternative for
16        the child;
17        (e) the child's wishes and long-term goals;
18        (f) the child's community ties, including church,
19    school, and friends;
20        (g) the child's need for permanence which includes the
21    child's need for stability and continuity of relationships
22    with parent figures and with siblings and other relatives;
23        (h) the uniqueness of every family and child;
24        (i) the risks attendant to entering and being in
25    substitute care; and
26        (j) the preferences of the persons available to care

 

 

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1    for the child.
2    (4.1) "Chronic truant" shall have the definition ascribed
3to it in Section 26-2a of the School Code.
4    (5) "Court" means the circuit court in a session or
5division assigned to hear proceedings under this Act.
6    (6) "Dispositional hearing" means a hearing to determine
7whether a minor should be adjudged to be a ward of the court,
8and to determine what order of disposition should be made in
9respect to a minor adjudged to be a ward of the court.
10    (6.5) "Dissemination" or "disseminate" means to publish,
11produce, print, manufacture, distribute, sell, lease, exhibit,
12broadcast, display, transmit, or otherwise share information
13in any format so as to make the information accessible to
14others.
15    (7) "Emancipated minor" means any minor 16 years of age or
16over who has been completely or partially emancipated under
17the Emancipation of Minors Act or under this Act.
18    (7.03) "Expunge" means to physically destroy the records
19and to obliterate the minor's name from any official index,
20public record, or electronic database.
21    (7.05) "Foster parent" includes a relative caregiver
22selected by the Department of Children and Family Services to
23provide care for the minor.
24    (8) "Guardianship of the person" of a minor means the duty
25and authority to act in the best interests of the minor,
26subject to residual parental rights and responsibilities, to

 

 

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1make important decisions in matters having a permanent effect
2on the life and development of the minor and to be concerned
3with the minor's his or her general welfare. It includes but is
4not necessarily limited to:
5        (a) the authority to consent to marriage, to
6    enlistment in the armed forces of the United States, or to
7    a major medical, psychiatric, and surgical treatment; to
8    represent the minor in legal actions; and to make other
9    decisions of substantial legal significance concerning the
10    minor;
11        (b) the authority and duty of reasonable visitation,
12    except to the extent that these have been limited in the
13    best interests of the minor by court order;
14        (c) the rights and responsibilities of legal custody
15    except where legal custody has been vested in another
16    person or agency; and
17        (d) the power to consent to the adoption of the minor,
18    but only if expressly conferred on the guardian in
19    accordance with Section 2-29, 3-30, or 4-27.
20    (8.1) "Juvenile court record" includes, but is not limited
21to:
22        (a) all documents filed in or maintained by the
23    juvenile court pertaining to a specific incident,
24    proceeding, or individual;
25        (b) all documents relating to a specific incident,
26    proceeding, or individual made available to or maintained

 

 

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1    by probation officers;
2        (c) all documents, video or audio tapes, photographs,
3    and exhibits admitted into evidence at juvenile court
4    hearings; or
5        (d) all documents, transcripts, records, reports, or
6    other evidence prepared by, maintained by, or released by
7    any municipal, county, or State agency or department, in
8    any format, if indicating involvement with the juvenile
9    court relating to a specific incident, proceeding, or
10    individual.
11    (8.2) "Juvenile law enforcement record" includes records
12of arrest, station adjustments, fingerprints, probation
13adjustments, the issuance of a notice to appear, or any other
14records or documents maintained by any law enforcement agency
15relating to a minor suspected of committing an offense, and
16records maintained by a law enforcement agency that identifies
17a juvenile as a suspect in committing an offense, but does not
18include records identifying a juvenile as a victim, witness,
19or missing juvenile and any records created, maintained, or
20used for purposes of referral to programs relating to
21diversion as defined in subsection (6) of Section 5-105.
22    (9) "Legal custody" means the relationship created by an
23order of court in the best interests of the minor which imposes
24on the custodian the responsibility of physical possession of
25a minor and the duty to protect, train and discipline the minor
26him and to provide the minor him with food, shelter, education

 

 

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1and ordinary medical care, except as these are limited by
2residual parental rights and responsibilities and the rights
3and responsibilities of the guardian of the person, if any.
4    (9.1) "Mentally capable adult relative" means a person 21
5years of age or older who is not suffering from a mental
6illness that prevents the person him or her from providing the
7care necessary to safeguard the physical safety and welfare of
8a minor who is left in that person's care by the parent or
9parents or other person responsible for the minor's welfare.
10    (10) "Minor" means a person under the age of 21 years
11subject to this Act.
12    (11) "Parent" means a father or mother of a child and
13includes any adoptive parent. It also includes a person (i)
14whose parentage is presumed or has been established under the
15law of this or another jurisdiction or (ii) who has registered
16with the Putative Father Registry in accordance with Section
1712.1 of the Adoption Act and whose paternity has not been ruled
18out under the law of this or another jurisdiction. It does not
19include a parent whose rights in respect to the minor have been
20terminated in any manner provided by law. It does not include a
21person who has been or could be determined to be a parent under
22the Illinois Parentage Act of 1984 or the Illinois Parentage
23Act of 2015, or similar parentage law in any other state, if
24that person has been convicted of or pled nolo contendere to a
25crime that resulted in the conception of the child under
26Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,

 

 

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112-14.1, subsection (a) or (b) (but not subsection (c)) of
2Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
3(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
4Criminal Code of 1961 or the Criminal Code of 2012, or similar
5statute in another jurisdiction unless upon motion of any
6party, other than the offender, to the juvenile court
7proceedings the court finds it is in the child's best interest
8to deem the offender a parent for purposes of the juvenile
9court proceedings.
10    (11.1) "Permanency goal" means a goal set by the court as
11defined in subdivision (2) of Section 2-28.
12    (11.2) "Permanency hearing" means a hearing to set the
13permanency goal and to review and determine (i) the
14appropriateness of the services contained in the plan and
15whether those services have been provided, (ii) whether
16reasonable efforts have been made by all the parties to the
17service plan to achieve the goal, and (iii) whether the plan
18and goal have been achieved.
19    (12) "Petition" means the petition provided for in Section
202-13, 3-15, 4-12 or 5-520, including any supplemental
21petitions thereunder in Section 3-15, 4-12 or 5-520.
22    (12.1) "Physically capable adult relative" means a person
2321 years of age or older who does not have a severe physical
24disability or medical condition, or is not suffering from
25alcoholism or drug addiction, that prevents the person him or
26her from providing the care necessary to safeguard the

 

 

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1physical safety and welfare of a minor who is left in that
2person's care by the parent or parents or other person
3responsible for the minor's welfare.
4    (12.2) "Post Permanency Sibling Contact Agreement" has the
5meaning ascribed to the term in Section 7.4 of the Children and
6Family Services Act.
7    (12.3) "Residential treatment center" means a licensed
8setting that provides 24-hour care to children in a group home
9or institution, including a facility licensed as a child care
10institution under Section 2.06 of the Child Care Act of 1969, a
11licensed group home under Section 2.16 of the Child Care Act of
121969, a secure child care facility as defined in paragraph
13(18) of this Section, or any similar facility in another
14state. "Residential treatment center" does not include a
15relative foster home or a licensed foster family home.
16    (13) "Residual parental rights and responsibilities" means
17those rights and responsibilities remaining with the parent
18after the transfer of legal custody or guardianship of the
19person, including, but not necessarily limited to, the right
20to reasonable visitation (which may be limited by the court in
21the best interests of the minor as provided in subsection
22(8)(b) of this Section), the right to consent to adoption, the
23right to determine the minor's religious affiliation, and the
24responsibility for the minor's his support.
25    (14) "Shelter" means the temporary care of a minor in
26physically unrestricting facilities pending court disposition

 

 

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1or execution of court order for placement.
2    (14.05) "Shelter placement" means a temporary or emergency
3placement for a minor, including an emergency foster home
4placement.
5    (14.1) "Sibling Contact Support Plan" has the meaning
6ascribed to the term in Section 7.4 of the Children and Family
7Services Act.
8    (14.2) "Significant event report" means a written document
9describing an occurrence or event beyond the customary
10operations, routines, or relationships in the Department of
11Children of Family Services, a child care facility, or other
12entity that is licensed or regulated by the Department of
13Children of Family Services or that provides services for the
14Department of Children of Family Services under a grant,
15contract, or purchase of service agreement; involving children
16or youth, employees, foster parents, or relative caregivers;
17allegations of abuse or neglect or any other incident raising
18a concern about the well-being of a minor under the
19jurisdiction of the court under Article II of the Juvenile
20Court Act; incidents involving damage to property, allegations
21of criminal activity, misconduct, or other occurrences
22affecting the operations of the Department of Children of
23Family Services or a child care facility; any incident that
24could have media impact; and unusual incidents as defined by
25Department of Children and Family Services rule.
26    (15) "Station adjustment" means the informal handling of

 

 

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1an alleged offender by a juvenile police officer.
2    (16) "Ward of the court" means a minor who is so adjudged
3under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
4requisite jurisdictional facts, and thus is subject to the
5dispositional powers of the court under this Act.
6    (17) "Juvenile police officer" means a sworn police
7officer who has completed a Basic Recruit Training Course, has
8been assigned to the position of juvenile police officer by
9the officer's his or her chief law enforcement officer and has
10completed the necessary juvenile officers training as
11prescribed by the Illinois Law Enforcement Training Standards
12Board, or in the case of a State police officer, juvenile
13officer training approved by the Director of the Illinois
14State Police.
15    (18) "Secure child care facility" means any child care
16facility licensed by the Department of Children and Family
17Services to provide secure living arrangements for children
18under 18 years of age who are subject to placement in
19facilities under the Children and Family Services Act and who
20are not subject to placement in facilities for whom standards
21are established by the Department of Corrections under Section
223-15-2 of the Unified Code of Corrections. "Secure child care
23facility" also means a facility that is designed and operated
24to ensure that all entrances and exits from the facility, a
25building, or a distinct part of the building are under the
26exclusive control of the staff of the facility, whether or not

 

 

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1the child has the freedom of movement within the perimeter of
2the facility, building, or distinct part of the building.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (705 ILCS 405/1-5)  (from Ch. 37, par. 801-5)
5    Sec. 1-5. Rights of parties to proceedings.
6    (1) Except as provided in this Section and paragraph (2)
7of Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is
8the subject of the proceeding and the minor's his or her
9parents, guardian, legal custodian or responsible relative who
10are parties respondent have the right to be present, to be
11heard, to present evidence material to the proceedings, to
12cross-examine witnesses, to examine pertinent court files and
13records and also, although proceedings under this Act are not
14intended to be adversary in character, the right to be
15represented by counsel. At the request of any party
16financially unable to employ counsel, with the exception of a
17foster parent permitted to intervene under this Section, the
18court shall appoint the Public Defender or such other counsel
19as the case may require. Counsel appointed for the minor and
20any indigent party shall appear at all stages of the trial
21court proceeding, and such appointment shall continue through
22the permanency hearings and termination of parental rights
23proceedings subject to withdrawal, vacating of appointment, or
24substitution pursuant to Supreme Court Rules or the Code of
25Civil Procedure. Following the dispositional hearing, the

 

 

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1court may require appointed counsel, other than counsel for
2the minor or counsel for the guardian ad litem, to withdraw the
3counsel's his or her appearance upon failure of the party for
4whom counsel was appointed under this Section to attend any
5subsequent proceedings.
6    No hearing on any petition or motion filed under this Act
7may be commenced unless the minor who is the subject of the
8proceeding is represented by counsel. Notwithstanding the
9preceding sentence, if a guardian ad litem has been appointed
10for the minor under Section 2-17 of this Act and the guardian
11ad litem is a licensed attorney at law of this State, or in the
12event that a court appointed special advocate has been
13appointed as guardian ad litem and counsel has been appointed
14to represent the court appointed special advocate, the court
15may not require the appointment of counsel to represent the
16minor unless the court finds that the minor's interests are in
17conflict with what the guardian ad litem determines to be in
18the best interest of the minor. Each adult respondent shall be
19furnished a written "Notice of Rights" at or before the first
20hearing at which the adult respondent he or she appears.
21    (1.5) The Department shall maintain a system of response
22to inquiry made by parents or putative parents as to whether
23their child is under the custody or guardianship of the
24Department; and if so, the Department shall direct the parents
25or putative parents to the appropriate court of jurisdiction,
26including where inquiry may be made of the clerk of the court

 

 

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1regarding the case number and the next scheduled court date of
2the minor's case. Effective notice and the means of accessing
3information shall be given to the public on a continuing basis
4by the Department.
5    (2) (a) Though not appointed guardian or legal custodian
6or otherwise made a party to the proceeding, any current or
7previously appointed foster parent or relative caregiver, or
8representative of an agency or association interested in the
9minor has the right to be heard by the court, but does not
10thereby become a party to the proceeding.
11    In addition to the foregoing right to be heard by the
12court, any current foster parent or relative caregiver of a
13minor and the agency designated by the court or the Department
14of Children and Family Services as custodian of the minor who
15is alleged to be or has been adjudicated an abused or neglected
16minor under Section 2-3 or a dependent minor under Section 2-4
17of this Act has the right to and shall be given adequate notice
18at all stages of any hearing or proceeding under this Act.
19    Any foster parent or relative caregiver who is denied the
20his or her right to be heard under this Section may bring a
21mandamus action under Article XIV of the Code of Civil
22Procedure against the court or any public agency to enforce
23that right. The mandamus action may be brought immediately
24upon the denial of those rights but in no event later than 30
25days after the foster parent has been denied the right to be
26heard.

 

 

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1    (b) If after an adjudication that a minor is abused or
2neglected as provided under Section 2-21 of this Act and a
3motion has been made to restore the minor to any parent,
4guardian, or legal custodian found by the court to have caused
5the neglect or to have inflicted the abuse on the minor, a
6foster parent may file a motion to intervene in the proceeding
7for the sole purpose of requesting that the minor be placed
8with the foster parent, provided that the foster parent (i) is
9the current foster parent of the minor or (ii) has previously
10been a foster parent for the minor for one year or more, has a
11foster care license or is eligible for a license or is not
12required to have a license, and is not the subject of any
13findings of abuse or neglect of any child. The juvenile court
14may only enter orders placing a minor with a specific foster
15parent under this subsection (2)(b) and nothing in this
16Section shall be construed to confer any jurisdiction or
17authority on the juvenile court to issue any other orders
18requiring the appointed guardian or custodian of a minor to
19place the minor in a designated foster home or facility. This
20Section is not intended to encompass any matters that are
21within the scope or determinable under the administrative and
22appeal process established by rules of the Department of
23Children and Family Services under Section 5(o) of the
24Children and Family Services Act. Nothing in this Section
25shall relieve the court of its responsibility, under Section
262-14(a) of this Act to act in a just and speedy manner to

 

 

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1reunify families where it is the best interests of the minor
2and the child can be cared for at home without endangering the
3child's health or safety and, if reunification is not in the
4best interests of the minor, to find another permanent home
5for the minor. Nothing in this Section, or in any order issued
6by the court with respect to the placement of a minor with a
7foster parent, shall impair the ability of the Department of
8Children and Family Services, or anyone else authorized under
9Section 5 of the Abused and Neglected Child Reporting Act, to
10remove a minor from the home of a foster parent if the
11Department of Children and Family Services or the person
12removing the minor has reason to believe that the
13circumstances or conditions of the minor are such that
14continuing in the residence or care of the foster parent will
15jeopardize the child's health and safety or present an
16imminent risk of harm to that minor's life.
17    (c) If a foster parent has had the minor who is the subject
18of the proceeding under Article II in the foster parent's his
19or her home for more than one year on or after July 3, 1994 and
20if the minor's placement is being terminated from that foster
21parent's home, that foster parent shall have standing and
22intervenor status except in those circumstances where the
23Department of Children and Family Services or anyone else
24authorized under Section 5 of the Abused and Neglected Child
25Reporting Act has removed the minor from the foster parent
26because of a reasonable belief that the circumstances or

 

 

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1conditions of the minor are such that continuing in the
2residence or care of the foster parent will jeopardize the
3child's health or safety or presents an imminent risk of harm
4to the minor's life.
5    (d) The court may grant standing to any foster parent if
6the court finds that it is in the best interest of the child
7for the foster parent to have standing and intervenor status.
8    (3) Parties respondent are entitled to notice in
9compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
10and 4-15 or 5-525 and 5-530, as appropriate. At the first
11appearance before the court by the minor, the minor's his
12parents, guardian, custodian or responsible relative, the
13court shall explain the nature of the proceedings and inform
14the parties of their rights under the first 2 paragraphs of
15this Section.
16    If the child is alleged to be abused, neglected or
17dependent, the court shall admonish the parents that if the
18court declares the child to be a ward of the court and awards
19custody or guardianship to the Department of Children and
20Family Services, the parents must cooperate with the
21Department of Children and Family Services, comply with the
22terms of the service plans, and correct the conditions that
23require the child to be in care, or risk termination of their
24parental rights.
25    Upon an adjudication of wardship of the court under
26Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform the

 

 

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1parties of their right to appeal therefrom as well as from any
2other final judgment of the court.
3    When the court finds that a child is an abused, neglected,
4or dependent minor under Section 2-21, the court shall
5admonish the parents that the parents must cooperate with the
6Department of Children and Family Services, comply with the
7terms of the service plans, and correct the conditions that
8require the child to be in care, or risk termination of their
9parental rights.
10    When the court declares a child to be a ward of the court
11and awards guardianship to the Department of Children and
12Family Services under Section 2-22, the court shall admonish
13the parents, guardian, custodian, or responsible relative that
14the parents must cooperate with the Department of Children and
15Family Services, comply with the terms of the service plans,
16and correct the conditions that require the child to be in
17care, or risk termination of their parental rights.
18    (4) No sanction may be applied against the minor who is the
19subject of the proceedings by reason of the minor's his
20refusal or failure to testify in the course of any hearing held
21prior to final adjudication under Section 2-22, 3-23, 4-20 or
225-705.
23    (5) In the discretion of the court, the minor may be
24excluded from any part or parts of a dispositional hearing
25and, with the consent of the parent or parents, guardian,
26counsel or a guardian ad litem, from any part or parts of an

 

 

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1adjudicatory hearing.
2    (6) The general public except for the news media and the
3crime victim, as defined in Section 3 of the Rights of Crime
4Victims and Witnesses Act, shall be excluded from any hearing
5and, except for the persons specified in this Section only
6persons, including representatives of agencies and
7associations, who in the opinion of the court have a direct
8interest in the case or in the work of the court shall be
9admitted to the hearing. However, the court may, for the
10minor's safety and protection and for good cause shown,
11prohibit any person or agency present in court from further
12disclosing the minor's identity. Nothing in this subsection
13(6) prevents the court from allowing other juveniles to be
14present or to participate in a court session being held under
15the Juvenile Drug Court Treatment Act.
16    (7) A party shall not be entitled to exercise the right to
17a substitution of a judge without cause under subdivision
18(a)(2) of Section 2-1001 of the Code of Civil Procedure in a
19proceeding under this Act if the judge is currently assigned
20to a proceeding involving the alleged abuse, neglect, or
21dependency of the minor's sibling or half sibling and that
22judge has made a substantive ruling in the proceeding
23involving the minor's sibling or half sibling.
24(Source: P.A. 101-147, eff. 1-1-20.)
 
25    (705 ILCS 405/1-7)

 

 

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1    (Text of Section before amendment by P.A. 101-652)
2    Sec. 1-7. Confidentiality of juvenile law enforcement and
3municipal ordinance violation records.
4    (A) All juvenile law enforcement records which have not
5been expunged are confidential and may never be disclosed to
6the general public or otherwise made widely available.
7Juvenile law enforcement records may be obtained only under
8this Section and Section 1-8 and Part 9 of Article V of this
9Act, when their use is needed for good cause and with an order
10from the juvenile court, as required by those not authorized
11to retain them. Inspection, copying, and disclosure of
12juvenile law enforcement records maintained by law enforcement
13agencies or records of municipal ordinance violations
14maintained by any State, local, or municipal agency that
15relate to a minor who has been investigated, arrested, or
16taken into custody before the minor's his or her 18th birthday
17shall be restricted to the following:
18        (0.05) The minor who is the subject of the juvenile
19    law enforcement record, the minor's his or her parents,
20    guardian, and counsel.
21        (0.10) Judges of the circuit court and members of the
22    staff of the court designated by the judge.
23        (0.15) An administrative adjudication hearing officer
24    or members of the staff designated to assist in the
25    administrative adjudication process.
26        (1) Any local, State, or federal law enforcement

 

 

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1    officers or designated law enforcement staff of any
2    jurisdiction or agency when necessary for the discharge of
3    their official duties during the investigation or
4    prosecution of a crime or relating to a minor who has been
5    adjudicated delinquent and there has been a previous
6    finding that the act which constitutes the previous
7    offense was committed in furtherance of criminal
8    activities by a criminal street gang, or, when necessary
9    for the discharge of its official duties in connection
10    with a particular investigation of the conduct of a law
11    enforcement officer, an independent agency or its staff
12    created by ordinance and charged by a unit of local
13    government with the duty of investigating the conduct of
14    law enforcement officers. For purposes of this Section,
15    "criminal street gang" has the meaning ascribed to it in
16    Section 10 of the Illinois Streetgang Terrorism Omnibus
17    Prevention Act.
18        (2) Prosecutors, public defenders, probation officers,
19    social workers, or other individuals assigned by the court
20    to conduct a pre-adjudication or pre-disposition
21    investigation, and individuals responsible for supervising
22    or providing temporary or permanent care and custody for
23    minors under the order of the juvenile court, when
24    essential to performing their responsibilities.
25        (3) Federal, State, or local prosecutors, public
26    defenders, probation officers, and designated staff:

 

 

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1            (a) in the course of a trial when institution of
2        criminal proceedings has been permitted or required
3        under Section 5-805;
4            (b) when institution of criminal proceedings has
5        been permitted or required under Section 5-805 and the
6        minor is the subject of a proceeding to determine the
7        amount of bail;
8            (c) when criminal proceedings have been permitted
9        or required under Section 5-805 and the minor is the
10        subject of a pre-trial investigation, pre-sentence
11        investigation, fitness hearing, or proceedings on an
12        application for probation; or
13            (d) in the course of prosecution or administrative
14        adjudication of a violation of a traffic, boating, or
15        fish and game law, or a county or municipal ordinance.
16        (4) Adult and Juvenile Prisoner Review Board.
17        (5) Authorized military personnel.
18        (5.5) Employees of the federal government authorized
19    by law.
20        (6) Persons engaged in bona fide research, with the
21    permission of the Presiding Judge and the chief executive
22    of the respective law enforcement agency; provided that
23    publication of such research results in no disclosure of a
24    minor's identity and protects the confidentiality of the
25    minor's record.
26        (7) Department of Children and Family Services child

 

 

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1    protection investigators acting in their official
2    capacity.
3        (8) The appropriate school official only if the agency
4    or officer believes that there is an imminent threat of
5    physical harm to students, school personnel, or others who
6    are present in the school or on school grounds.
7            (A) Inspection and copying shall be limited to
8        juvenile law enforcement records transmitted to the
9        appropriate school official or officials whom the
10        school has determined to have a legitimate educational
11        or safety interest by a local law enforcement agency
12        under a reciprocal reporting system established and
13        maintained between the school district and the local
14        law enforcement agency under Section 10-20.14 of the
15        School Code concerning a minor enrolled in a school
16        within the school district who has been arrested or
17        taken into custody for any of the following offenses:
18                (i) any violation of Article 24 of the
19            Criminal Code of 1961 or the Criminal Code of
20            2012;
21                (ii) a violation of the Illinois Controlled
22            Substances Act;
23                (iii) a violation of the Cannabis Control Act;
24                (iv) a forcible felony as defined in Section
25            2-8 of the Criminal Code of 1961 or the Criminal
26            Code of 2012;

 

 

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1                (v) a violation of the Methamphetamine Control
2            and Community Protection Act;
3                (vi) a violation of Section 1-2 of the
4            Harassing and Obscene Communications Act;
5                (vii) a violation of the Hazing Act; or
6                (viii) a violation of Section 12-1, 12-2,
7            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
8            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
9            Criminal Code of 1961 or the Criminal Code of
10            2012.
11            The information derived from the juvenile law
12        enforcement records shall be kept separate from and
13        shall not become a part of the official school record
14        of that child and shall not be a public record. The
15        information shall be used solely by the appropriate
16        school official or officials whom the school has
17        determined to have a legitimate educational or safety
18        interest to aid in the proper rehabilitation of the
19        child and to protect the safety of students and
20        employees in the school. If the designated law
21        enforcement and school officials deem it to be in the
22        best interest of the minor, the student may be
23        referred to in-school or community-based social
24        services if those services are available.
25        "Rehabilitation services" may include interventions by
26        school support personnel, evaluation for eligibility

 

 

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1        for special education, referrals to community-based
2        agencies such as youth services, behavioral healthcare
3        service providers, drug and alcohol prevention or
4        treatment programs, and other interventions as deemed
5        appropriate for the student.
6            (B) Any information provided to appropriate school
7        officials whom the school has determined to have a
8        legitimate educational or safety interest by local law
9        enforcement officials about a minor who is the subject
10        of a current police investigation that is directly
11        related to school safety shall consist of oral
12        information only, and not written juvenile law
13        enforcement records, and shall be used solely by the
14        appropriate school official or officials to protect
15        the safety of students and employees in the school and
16        aid in the proper rehabilitation of the child. The
17        information derived orally from the local law
18        enforcement officials shall be kept separate from and
19        shall not become a part of the official school record
20        of the child and shall not be a public record. This
21        limitation on the use of information about a minor who
22        is the subject of a current police investigation shall
23        in no way limit the use of this information by
24        prosecutors in pursuing criminal charges arising out
25        of the information disclosed during a police
26        investigation of the minor. For purposes of this

 

 

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1        paragraph, "investigation" means an official
2        systematic inquiry by a law enforcement agency into
3        actual or suspected criminal activity.
4        (9) Mental health professionals on behalf of the
5    Department of Corrections or the Department of Human
6    Services or prosecutors who are evaluating, prosecuting,
7    or investigating a potential or actual petition brought
8    under the Sexually Violent Persons Commitment Act relating
9    to a person who is the subject of juvenile law enforcement
10    records or the respondent to a petition brought under the
11    Sexually Violent Persons Commitment Act who is the subject
12    of the juvenile law enforcement records sought. Any
13    juvenile law enforcement records and any information
14    obtained from those juvenile law enforcement records under
15    this paragraph (9) may be used only in sexually violent
16    persons commitment proceedings.
17        (10) The president of a park district. Inspection and
18    copying shall be limited to juvenile law enforcement
19    records transmitted to the president of the park district
20    by the Illinois State Police under Section 8-23 of the
21    Park District Code or Section 16a-5 of the Chicago Park
22    District Act concerning a person who is seeking employment
23    with that park district and who has been adjudicated a
24    juvenile delinquent for any of the offenses listed in
25    subsection (c) of Section 8-23 of the Park District Code
26    or subsection (c) of Section 16a-5 of the Chicago Park

 

 

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1    District Act.
2        (11) Persons managing and designated to participate in
3    a court diversion program as designated in subsection (6)
4    of Section 5-105.
5        (12) The Public Access Counselor of the Office of the
6    Attorney General, when reviewing juvenile law enforcement
7    records under its powers and duties under the Freedom of
8    Information Act.
9        (13) Collection agencies, contracted or otherwise
10    engaged by a governmental entity, to collect any debts due
11    and owing to the governmental entity.
12    (B)(1) Except as provided in paragraph (2), no law
13enforcement officer or other person or agency may knowingly
14transmit to the Department of Corrections, the Illinois State
15Police, or the Federal Bureau of Investigation any fingerprint
16or photograph relating to a minor who has been arrested or
17taken into custody before the minor's his or her 18th
18birthday, unless the court in proceedings under this Act
19authorizes the transmission or enters an order under Section
205-805 permitting or requiring the institution of criminal
21proceedings.
22    (2) Law enforcement officers or other persons or agencies
23shall transmit to the Illinois State Police copies of
24fingerprints and descriptions of all minors who have been
25arrested or taken into custody before their 18th birthday for
26the offense of unlawful use of weapons under Article 24 of the

 

 

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1Criminal Code of 1961 or the Criminal Code of 2012, a Class X
2or Class 1 felony, a forcible felony as defined in Section 2-8
3of the Criminal Code of 1961 or the Criminal Code of 2012, or a
4Class 2 or greater felony under the Cannabis Control Act, the
5Illinois Controlled Substances Act, the Methamphetamine
6Control and Community Protection Act, or Chapter 4 of the
7Illinois Vehicle Code, pursuant to Section 5 of the Criminal
8Identification Act. Information reported to the Department
9pursuant to this Section may be maintained with records that
10the Department files pursuant to Section 2.1 of the Criminal
11Identification Act. Nothing in this Act prohibits a law
12enforcement agency from fingerprinting a minor taken into
13custody or arrested before the minor's his or her 18th
14birthday for an offense other than those listed in this
15paragraph (2).
16    (C) The records of law enforcement officers, or of an
17independent agency created by ordinance and charged by a unit
18of local government with the duty of investigating the conduct
19of law enforcement officers, concerning all minors under 18
20years of age must be maintained separate from the records of
21arrests and may not be open to public inspection or their
22contents disclosed to the public. For purposes of obtaining
23documents under this Section, a civil subpoena is not an order
24of the court.
25        (1) In cases where the law enforcement, or independent
26    agency, records concern a pending juvenile court case, the

 

 

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1    party seeking to inspect the records shall provide actual
2    notice to the attorney or guardian ad litem of the minor
3    whose records are sought.
4        (2) In cases where the records concern a juvenile
5    court case that is no longer pending, the party seeking to
6    inspect the records shall provide actual notice to the
7    minor or the minor's parent or legal guardian, and the
8    matter shall be referred to the chief judge presiding over
9    matters pursuant to this Act.
10        (3) In determining whether the records should be
11    available for inspection, the court shall consider the
12    minor's interest in confidentiality and rehabilitation
13    over the moving party's interest in obtaining the
14    information. Any records obtained in violation of this
15    subsection (C) shall not be admissible in any criminal or
16    civil proceeding, or operate to disqualify a minor from
17    subsequently holding public office or securing employment,
18    or operate as a forfeiture of any public benefit, right,
19    privilege, or right to receive any license granted by
20    public authority.
21    (D) Nothing contained in subsection (C) of this Section
22shall prohibit the inspection or disclosure to victims and
23witnesses of photographs contained in the records of law
24enforcement agencies when the inspection and disclosure is
25conducted in the presence of a law enforcement officer for the
26purpose of the identification or apprehension of any person

 

 

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1subject to the provisions of this Act or for the investigation
2or prosecution of any crime.
3    (E) Law enforcement officers, and personnel of an
4independent agency created by ordinance and charged by a unit
5of local government with the duty of investigating the conduct
6of law enforcement officers, may not disclose the identity of
7any minor in releasing information to the general public as to
8the arrest, investigation or disposition of any case involving
9a minor.
10    (F) Nothing contained in this Section shall prohibit law
11enforcement agencies from communicating with each other by
12letter, memorandum, teletype, or intelligence alert bulletin
13or other means the identity or other relevant information
14pertaining to a person under 18 years of age if there are
15reasonable grounds to believe that the person poses a real and
16present danger to the safety of the public or law enforcement
17officers. The information provided under this subsection (F)
18shall remain confidential and shall not be publicly disclosed,
19except as otherwise allowed by law.
20    (G) Nothing in this Section shall prohibit the right of a
21Civil Service Commission or appointing authority of any
22federal government, state, county or municipality examining
23the character and fitness of an applicant for employment with
24a law enforcement agency, correctional institution, or fire
25department from obtaining and examining the records of any law
26enforcement agency relating to any record of the applicant

 

 

SB3961- 280 -LRB102 22864 WGH 32015 b

1having been arrested or taken into custody before the
2applicant's 18th birthday.
3    (G-5) Information identifying victims and alleged victims
4of sex offenses shall not be disclosed or open to the public
5under any circumstances. Nothing in this Section shall
6prohibit the victim or alleged victim of any sex offense from
7voluntarily disclosing this his or her own identity.
8    (H) The changes made to this Section by Public Act 98-61
9apply to law enforcement records of a minor who has been
10arrested or taken into custody on or after January 1, 2014 (the
11effective date of Public Act 98-61).
12    (H-5) Nothing in this Section shall require any court or
13adjudicative proceeding for traffic, boating, fish and game
14law, or municipal and county ordinance violations to be closed
15to the public.
16    (I) Willful violation of this Section is a Class C
17misdemeanor and each violation is subject to a fine of $1,000.
18This subsection (I) shall not apply to the person who is the
19subject of the record.
20    (J) A person convicted of violating this Section is liable
21for damages in the amount of $1,000 or actual damages,
22whichever is greater.
23(Source: P.A. 102-538, eff. 8-20-21.)
 
24    (Text of Section after amendment by P.A. 101-652)
25    Sec. 1-7. Confidentiality of juvenile law enforcement and

 

 

SB3961- 281 -LRB102 22864 WGH 32015 b

1municipal ordinance violation records.
2    (A) All juvenile law enforcement records which have not
3been expunged are confidential and may never be disclosed to
4the general public or otherwise made widely available.
5Juvenile law enforcement records may be obtained only under
6this Section and Section 1-8 and Part 9 of Article V of this
7Act, when their use is needed for good cause and with an order
8from the juvenile court, as required by those not authorized
9to retain them. Inspection, copying, and disclosure of
10juvenile law enforcement records maintained by law enforcement
11agencies or records of municipal ordinance violations
12maintained by any State, local, or municipal agency that
13relate to a minor who has been investigated, arrested, or
14taken into custody before the minor's his or her 18th birthday
15shall be restricted to the following:
16        (0.05) The minor who is the subject of the juvenile
17    law enforcement record, the minor's his or her parents,
18    guardian, and counsel.
19        (0.10) Judges of the circuit court and members of the
20    staff of the court designated by the judge.
21        (0.15) An administrative adjudication hearing officer
22    or members of the staff designated to assist in the
23    administrative adjudication process.
24        (1) Any local, State, or federal law enforcement
25    officers or designated law enforcement staff of any
26    jurisdiction or agency when necessary for the discharge of

 

 

SB3961- 282 -LRB102 22864 WGH 32015 b

1    their official duties during the investigation or
2    prosecution of a crime or relating to a minor who has been
3    adjudicated delinquent and there has been a previous
4    finding that the act which constitutes the previous
5    offense was committed in furtherance of criminal
6    activities by a criminal street gang, or, when necessary
7    for the discharge of its official duties in connection
8    with a particular investigation of the conduct of a law
9    enforcement officer, an independent agency or its staff
10    created by ordinance and charged by a unit of local
11    government with the duty of investigating the conduct of
12    law enforcement officers. For purposes of this Section,
13    "criminal street gang" has the meaning ascribed to it in
14    Section 10 of the Illinois Streetgang Terrorism Omnibus
15    Prevention Act.
16        (2) Prosecutors, public defenders, probation officers,
17    social workers, or other individuals assigned by the court
18    to conduct a pre-adjudication or pre-disposition
19    investigation, and individuals responsible for supervising
20    or providing temporary or permanent care and custody for
21    minors under the order of the juvenile court, when
22    essential to performing their responsibilities.
23        (3) Federal, State, or local prosecutors, public
24    defenders, probation officers, and designated staff:
25            (a) in the course of a trial when institution of
26        criminal proceedings has been permitted or required

 

 

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1        under Section 5-805;
2            (b) when institution of criminal proceedings has
3        been permitted or required under Section 5-805 and the
4        minor is the subject of a proceeding to determine the
5        conditions of pretrial release;
6            (c) when criminal proceedings have been permitted
7        or required under Section 5-805 and the minor is the
8        subject of a pre-trial investigation, pre-sentence
9        investigation, fitness hearing, or proceedings on an
10        application for probation; or
11            (d) in the course of prosecution or administrative
12        adjudication of a violation of a traffic, boating, or
13        fish and game law, or a county or municipal ordinance.
14        (4) Adult and Juvenile Prisoner Review Board.
15        (5) Authorized military personnel.
16        (5.5) Employees of the federal government authorized
17    by law.
18        (6) Persons engaged in bona fide research, with the
19    permission of the Presiding Judge and the chief executive
20    of the respective law enforcement agency; provided that
21    publication of such research results in no disclosure of a
22    minor's identity and protects the confidentiality of the
23    minor's record.
24        (7) Department of Children and Family Services child
25    protection investigators acting in their official
26    capacity.

 

 

SB3961- 284 -LRB102 22864 WGH 32015 b

1        (8) The appropriate school official only if the agency
2    or officer believes that there is an imminent threat of
3    physical harm to students, school personnel, or others who
4    are present in the school or on school grounds.
5            (A) Inspection and copying shall be limited to
6        juvenile law enforcement records transmitted to the
7        appropriate school official or officials whom the
8        school has determined to have a legitimate educational
9        or safety interest by a local law enforcement agency
10        under a reciprocal reporting system established and
11        maintained between the school district and the local
12        law enforcement agency under Section 10-20.14 of the
13        School Code concerning a minor enrolled in a school
14        within the school district who has been arrested or
15        taken into custody for any of the following offenses:
16                (i) any violation of Article 24 of the
17            Criminal Code of 1961 or the Criminal Code of
18            2012;
19                (ii) a violation of the Illinois Controlled
20            Substances Act;
21                (iii) a violation of the Cannabis Control Act;
22                (iv) a forcible felony as defined in Section
23            2-8 of the Criminal Code of 1961 or the Criminal
24            Code of 2012;
25                (v) a violation of the Methamphetamine Control
26            and Community Protection Act;

 

 

SB3961- 285 -LRB102 22864 WGH 32015 b

1                (vi) a violation of Section 1-2 of the
2            Harassing and Obscene Communications Act;
3                (vii) a violation of the Hazing Act; or
4                (viii) a violation of Section 12-1, 12-2,
5            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
6            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
7            Criminal Code of 1961 or the Criminal Code of
8            2012.
9            The information derived from the juvenile law
10        enforcement records shall be kept separate from and
11        shall not become a part of the official school record
12        of that child and shall not be a public record. The
13        information shall be used solely by the appropriate
14        school official or officials whom the school has
15        determined to have a legitimate educational or safety
16        interest to aid in the proper rehabilitation of the
17        child and to protect the safety of students and
18        employees in the school. If the designated law
19        enforcement and school officials deem it to be in the
20        best interest of the minor, the student may be
21        referred to in-school or community-based social
22        services if those services are available.
23        "Rehabilitation services" may include interventions by
24        school support personnel, evaluation for eligibility
25        for special education, referrals to community-based
26        agencies such as youth services, behavioral healthcare

 

 

SB3961- 286 -LRB102 22864 WGH 32015 b

1        service providers, drug and alcohol prevention or
2        treatment programs, and other interventions as deemed
3        appropriate for the student.
4            (B) Any information provided to appropriate school
5        officials whom the school has determined to have a
6        legitimate educational or safety interest by local law
7        enforcement officials about a minor who is the subject
8        of a current police investigation that is directly
9        related to school safety shall consist of oral
10        information only, and not written juvenile law
11        enforcement records, and shall be used solely by the
12        appropriate school official or officials to protect
13        the safety of students and employees in the school and
14        aid in the proper rehabilitation of the child. The
15        information derived orally from the local law
16        enforcement officials shall be kept separate from and
17        shall not become a part of the official school record
18        of the child and shall not be a public record. This
19        limitation on the use of information about a minor who
20        is the subject of a current police investigation shall
21        in no way limit the use of this information by
22        prosecutors in pursuing criminal charges arising out
23        of the information disclosed during a police
24        investigation of the minor. For purposes of this
25        paragraph, "investigation" means an official
26        systematic inquiry by a law enforcement agency into

 

 

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1        actual or suspected criminal activity.
2        (9) Mental health professionals on behalf of the
3    Department of Corrections or the Department of Human
4    Services or prosecutors who are evaluating, prosecuting,
5    or investigating a potential or actual petition brought
6    under the Sexually Violent Persons Commitment Act relating
7    to a person who is the subject of juvenile law enforcement
8    records or the respondent to a petition brought under the
9    Sexually Violent Persons Commitment Act who is the subject
10    of the juvenile law enforcement records sought. Any
11    juvenile law enforcement records and any information
12    obtained from those juvenile law enforcement records under
13    this paragraph (9) may be used only in sexually violent
14    persons commitment proceedings.
15        (10) The president of a park district. Inspection and
16    copying shall be limited to juvenile law enforcement
17    records transmitted to the president of the park district
18    by the Illinois State Police under Section 8-23 of the
19    Park District Code or Section 16a-5 of the Chicago Park
20    District Act concerning a person who is seeking employment
21    with that park district and who has been adjudicated a
22    juvenile delinquent for any of the offenses listed in
23    subsection (c) of Section 8-23 of the Park District Code
24    or subsection (c) of Section 16a-5 of the Chicago Park
25    District Act.
26        (11) Persons managing and designated to participate in

 

 

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1    a court diversion program as designated in subsection (6)
2    of Section 5-105.
3        (12) The Public Access Counselor of the Office of the
4    Attorney General, when reviewing juvenile law enforcement
5    records under its powers and duties under the Freedom of
6    Information Act.
7        (13) Collection agencies, contracted or otherwise
8    engaged by a governmental entity, to collect any debts due
9    and owing to the governmental entity.
10    (B)(1) Except as provided in paragraph (2), no law
11enforcement officer or other person or agency may knowingly
12transmit to the Department of Corrections, the Illinois State
13Police, or the Federal Bureau of Investigation any fingerprint
14or photograph relating to a minor who has been arrested or
15taken into custody before the minor's his or her 18th
16birthday, unless the court in proceedings under this Act
17authorizes the transmission or enters an order under Section
185-805 permitting or requiring the institution of criminal
19proceedings.
20    (2) Law enforcement officers or other persons or agencies
21shall transmit to the Illinois State Police copies of
22fingerprints and descriptions of all minors who have been
23arrested or taken into custody before their 18th birthday for
24the offense of unlawful use of weapons under Article 24 of the
25Criminal Code of 1961 or the Criminal Code of 2012, a Class X
26or Class 1 felony, a forcible felony as defined in Section 2-8

 

 

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1of the Criminal Code of 1961 or the Criminal Code of 2012, or a
2Class 2 or greater felony under the Cannabis Control Act, the
3Illinois Controlled Substances Act, the Methamphetamine
4Control and Community Protection Act, or Chapter 4 of the
5Illinois Vehicle Code, pursuant to Section 5 of the Criminal
6Identification Act. Information reported to the Department
7pursuant to this Section may be maintained with records that
8the Department files pursuant to Section 2.1 of the Criminal
9Identification Act. Nothing in this Act prohibits a law
10enforcement agency from fingerprinting a minor taken into
11custody or arrested before the minor's his or her 18th
12birthday for an offense other than those listed in this
13paragraph (2).
14    (C) The records of law enforcement officers, or of an
15independent agency created by ordinance and charged by a unit
16of local government with the duty of investigating the conduct
17of law enforcement officers, concerning all minors under 18
18years of age must be maintained separate from the records of
19arrests and may not be open to public inspection or their
20contents disclosed to the public. For purposes of obtaining
21documents under this Section, a civil subpoena is not an order
22of the court.
23        (1) In cases where the law enforcement, or independent
24    agency, records concern a pending juvenile court case, the
25    party seeking to inspect the records shall provide actual
26    notice to the attorney or guardian ad litem of the minor

 

 

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1    whose records are sought.
2        (2) In cases where the records concern a juvenile
3    court case that is no longer pending, the party seeking to
4    inspect the records shall provide actual notice to the
5    minor or the minor's parent or legal guardian, and the
6    matter shall be referred to the chief judge presiding over
7    matters pursuant to this Act.
8        (3) In determining whether the records should be
9    available for inspection, the court shall consider the
10    minor's interest in confidentiality and rehabilitation
11    over the moving party's interest in obtaining the
12    information. Any records obtained in violation of this
13    subsection (C) shall not be admissible in any criminal or
14    civil proceeding, or operate to disqualify a minor from
15    subsequently holding public office or securing employment,
16    or operate as a forfeiture of any public benefit, right,
17    privilege, or right to receive any license granted by
18    public authority.
19    (D) Nothing contained in subsection (C) of this Section
20shall prohibit the inspection or disclosure to victims and
21witnesses of photographs contained in the records of law
22enforcement agencies when the inspection and disclosure is
23conducted in the presence of a law enforcement officer for the
24purpose of the identification or apprehension of any person
25subject to the provisions of this Act or for the investigation
26or prosecution of any crime.

 

 

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1    (E) Law enforcement officers, and personnel of an
2independent agency created by ordinance and charged by a unit
3of local government with the duty of investigating the conduct
4of law enforcement officers, may not disclose the identity of
5any minor in releasing information to the general public as to
6the arrest, investigation or disposition of any case involving
7a minor.
8    (F) Nothing contained in this Section shall prohibit law
9enforcement agencies from communicating with each other by
10letter, memorandum, teletype, or intelligence alert bulletin
11or other means the identity or other relevant information
12pertaining to a person under 18 years of age if there are
13reasonable grounds to believe that the person poses a real and
14present danger to the safety of the public or law enforcement
15officers. The information provided under this subsection (F)
16shall remain confidential and shall not be publicly disclosed,
17except as otherwise allowed by law.
18    (G) Nothing in this Section shall prohibit the right of a
19Civil Service Commission or appointing authority of any
20federal government, state, county or municipality examining
21the character and fitness of an applicant for employment with
22a law enforcement agency, correctional institution, or fire
23department from obtaining and examining the records of any law
24enforcement agency relating to any record of the applicant
25having been arrested or taken into custody before the
26applicant's 18th birthday.

 

 

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1    (G-5) Information identifying victims and alleged victims
2of sex offenses shall not be disclosed or open to the public
3under any circumstances. Nothing in this Section shall
4prohibit the victim or alleged victim of any sex offense from
5voluntarily disclosing this his or her own identity.
6    (H) The changes made to this Section by Public Act 98-61
7apply to law enforcement records of a minor who has been
8arrested or taken into custody on or after January 1, 2014 (the
9effective date of Public Act 98-61).
10    (H-5) Nothing in this Section shall require any court or
11adjudicative proceeding for traffic, boating, fish and game
12law, or municipal and county ordinance violations to be closed
13to the public.
14    (I) Willful violation of this Section is a Class C
15misdemeanor and each violation is subject to a fine of $1,000.
16This subsection (I) shall not apply to the person who is the
17subject of the record.
18    (J) A person convicted of violating this Section is liable
19for damages in the amount of $1,000 or actual damages,
20whichever is greater.
21(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
22revised 10-13-21.)
 
23    (705 ILCS 405/1-8)
24    (Text of Section before amendment by P.A. 101-652)
25    Sec. 1-8. Confidentiality and accessibility of juvenile

 

 

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1court records.
2    (A) A juvenile adjudication shall never be considered a
3conviction nor shall an adjudicated individual be considered a
4criminal. Unless expressly allowed by law, a juvenile
5adjudication shall not operate to impose upon the individual
6any of the civil disabilities ordinarily imposed by or
7resulting from conviction. Unless expressly allowed by law,
8adjudications shall not prejudice or disqualify the individual
9in any civil service application or appointment, from holding
10public office, or from receiving any license granted by public
11authority. All juvenile court records which have not been
12expunged are sealed and may never be disclosed to the general
13public or otherwise made widely available. Sealed juvenile
14court records may be obtained only under this Section and
15Section 1-7 and Part 9 of Article V of this Act, when their use
16is needed for good cause and with an order from the juvenile
17court. Inspection and copying of juvenile court records
18relating to a minor who is the subject of a proceeding under
19this Act shall be restricted to the following:
20        (1) The minor who is the subject of record, the
21    minor's his or her parents, guardian, and counsel.
22        (2) Law enforcement officers and law enforcement
23    agencies when such information is essential to executing
24    an arrest or search warrant or other compulsory process,
25    or to conducting an ongoing investigation or relating to a
26    minor who has been adjudicated delinquent and there has

 

 

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1    been a previous finding that the act which constitutes the
2    previous offense was committed in furtherance of criminal
3    activities by a criminal street gang.
4        Before July 1, 1994, for the purposes of this Section,
5    "criminal street gang" means any ongoing organization,
6    association, or group of 3 or more persons, whether formal
7    or informal, having as one of its primary activities the
8    commission of one or more criminal acts and that has a
9    common name or common identifying sign, symbol or specific
10    color apparel displayed, and whose members individually or
11    collectively engage in or have engaged in a pattern of
12    criminal activity.
13        Beginning July 1, 1994, for purposes of this Section,
14    "criminal street gang" has the meaning ascribed to it in
15    Section 10 of the Illinois Streetgang Terrorism Omnibus
16    Prevention Act.
17        (3) Judges, hearing officers, prosecutors, public
18    defenders, probation officers, social workers, or other
19    individuals assigned by the court to conduct a
20    pre-adjudication or pre-disposition investigation, and
21    individuals responsible for supervising or providing
22    temporary or permanent care and custody for minors under
23    the order of the juvenile court when essential to
24    performing their responsibilities.
25        (4) Judges, federal, State, and local prosecutors,
26    public defenders, probation officers, and designated

 

 

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1    staff:
2            (a) in the course of a trial when institution of
3        criminal proceedings has been permitted or required
4        under Section 5-805;
5            (b) when criminal proceedings have been permitted
6        or required under Section 5-805 and a minor is the
7        subject of a proceeding to determine the amount of
8        bail;
9            (c) when criminal proceedings have been permitted
10        or required under Section 5-805 and a minor is the
11        subject of a pre-trial investigation, pre-sentence
12        investigation or fitness hearing, or proceedings on an
13        application for probation; or
14            (d) when a minor becomes 18 years of age or older,
15        and is the subject of criminal proceedings, including
16        a hearing to determine the amount of bail, a pre-trial
17        investigation, a pre-sentence investigation, a fitness
18        hearing, or proceedings on an application for
19        probation.
20        (5) Adult and Juvenile Prisoner Review Boards.
21        (6) Authorized military personnel.
22        (6.5) Employees of the federal government authorized
23    by law.
24        (7) Victims, their subrogees and legal
25    representatives; however, such persons shall have access
26    only to the name and address of the minor and information

 

 

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1    pertaining to the disposition or alternative adjustment
2    plan of the juvenile court.
3        (8) Persons engaged in bona fide research, with the
4    permission of the presiding judge of the juvenile court
5    and the chief executive of the agency that prepared the
6    particular records; provided that publication of such
7    research results in no disclosure of a minor's identity
8    and protects the confidentiality of the record.
9        (9) The Secretary of State to whom the Clerk of the
10    Court shall report the disposition of all cases, as
11    required in Section 6-204 of the Illinois Vehicle Code.
12    However, information reported relative to these offenses
13    shall be privileged and available only to the Secretary of
14    State, courts, and police officers.
15        (10) The administrator of a bonafide substance abuse
16    student assistance program with the permission of the
17    presiding judge of the juvenile court.
18        (11) Mental health professionals on behalf of the
19    Department of Corrections or the Department of Human
20    Services or prosecutors who are evaluating, prosecuting,
21    or investigating a potential or actual petition brought
22    under the Sexually Violent Persons Commitment Act relating
23    to a person who is the subject of juvenile court records or
24    the respondent to a petition brought under the Sexually
25    Violent Persons Commitment Act, who is the subject of
26    juvenile court records sought. Any records and any

 

 

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1    information obtained from those records under this
2    paragraph (11) may be used only in sexually violent
3    persons commitment proceedings.
4        (12) Collection agencies, contracted or otherwise
5    engaged by a governmental entity, to collect any debts due
6    and owing to the governmental entity.
7    (A-1) Findings and exclusions of paternity entered in
8proceedings occurring under Article II of this Act shall be
9disclosed, in a manner and form approved by the Presiding
10Judge of the Juvenile Court, to the Department of Healthcare
11and Family Services when necessary to discharge the duties of
12the Department of Healthcare and Family Services under Article
13X of the Illinois Public Aid Code.
14    (B) A minor who is the victim in a juvenile proceeding
15shall be provided the same confidentiality regarding
16disclosure of identity as the minor who is the subject of
17record.
18    (C)(0.1) In cases where the records concern a pending
19juvenile court case, the requesting party seeking to inspect
20the juvenile court records shall provide actual notice to the
21attorney or guardian ad litem of the minor whose records are
22sought.
23    (0.2) In cases where the juvenile court records concern a
24juvenile court case that is no longer pending, the requesting
25party seeking to inspect the juvenile court records shall
26provide actual notice to the minor or the minor's parent or

 

 

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1legal guardian, and the matter shall be referred to the chief
2judge presiding over matters pursuant to this Act.
3    (0.3) In determining whether juvenile court records should
4be made available for inspection and whether inspection should
5be limited to certain parts of the file, the court shall
6consider the minor's interest in confidentiality and
7rehabilitation over the requesting party's interest in
8obtaining the information. The State's Attorney, the minor,
9and the minor's parents, guardian, and counsel shall at all
10times have the right to examine court files and records.
11    (0.4) Any records obtained in violation of this Section
12shall not be admissible in any criminal or civil proceeding,
13or operate to disqualify a minor from subsequently holding
14public office, or operate as a forfeiture of any public
15benefit, right, privilege, or right to receive any license
16granted by public authority.
17    (D) Pending or following any adjudication of delinquency
18for any offense defined in Sections 11-1.20 through 11-1.60 or
1912-13 through 12-16 of the Criminal Code of 1961 or the
20Criminal Code of 2012, the victim of any such offense shall
21receive the rights set out in Sections 4 and 6 of the Bill of
22Rights for Victims and Witnesses of Violent Crime Act; and the
23juvenile who is the subject of the adjudication,
24notwithstanding any other provision of this Act, shall be
25treated as an adult for the purpose of affording such rights to
26the victim.

 

 

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1    (E) Nothing in this Section shall affect the right of a
2Civil Service Commission or appointing authority of the
3federal government, or any state, county, or municipality
4examining the character and fitness of an applicant for
5employment with a law enforcement agency, correctional
6institution, or fire department to ascertain whether that
7applicant was ever adjudicated to be a delinquent minor and,
8if so, to examine the records of disposition or evidence which
9were made in proceedings under this Act.
10    (F) Following any adjudication of delinquency for a crime
11which would be a felony if committed by an adult, or following
12any adjudication of delinquency for a violation of Section
1324-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
14Criminal Code of 2012, the State's Attorney shall ascertain
15whether the minor respondent is enrolled in school and, if so,
16shall provide a copy of the dispositional order to the
17principal or chief administrative officer of the school.
18Access to the dispositional order shall be limited to the
19principal or chief administrative officer of the school and
20any school counselor designated by the principal or chief
21administrative officer him or her.
22    (G) Nothing contained in this Act prevents the sharing or
23disclosure of information or records relating or pertaining to
24juveniles subject to the provisions of the Serious Habitual
25Offender Comprehensive Action Program when that information is
26used to assist in the early identification and treatment of

 

 

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1habitual juvenile offenders.
2    (H) When a court hearing a proceeding under Article II of
3this Act becomes aware that an earlier proceeding under
4Article II had been heard in a different county, that court
5shall request, and the court in which the earlier proceedings
6were initiated shall transmit, an authenticated copy of the
7juvenile court record, including all documents, petitions, and
8orders filed and the minute orders, transcript of proceedings,
9and docket entries of the court.
10    (I) The Clerk of the Circuit Court shall report to the
11Illinois State Police, in the form and manner required by the
12Illinois State Police, the final disposition of each minor who
13has been arrested or taken into custody before the minor's his
14or her 18th birthday for those offenses required to be
15reported under Section 5 of the Criminal Identification Act.
16Information reported to the Department under this Section may
17be maintained with records that the Department files under
18Section 2.1 of the Criminal Identification Act.
19    (J) The changes made to this Section by Public Act 98-61
20apply to juvenile law enforcement records of a minor who has
21been arrested or taken into custody on or after January 1, 2014
22(the effective date of Public Act 98-61).
23    (K) Willful violation of this Section is a Class C
24misdemeanor and each violation is subject to a fine of $1,000.
25This subsection (K) shall not apply to the person who is the
26subject of the record.

 

 

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1    (L) A person convicted of violating this Section is liable
2for damages in the amount of $1,000 or actual damages,
3whichever is greater.
4(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
5revised 10-12-21.)
 
6    (Text of Section after amendment by P.A. 101-652)
7    Sec. 1-8. Confidentiality and accessibility of juvenile
8court records.
9    (A) A juvenile adjudication shall never be considered a
10conviction nor shall an adjudicated individual be considered a
11criminal. Unless expressly allowed by law, a juvenile
12adjudication shall not operate to impose upon the individual
13any of the civil disabilities ordinarily imposed by or
14resulting from conviction. Unless expressly allowed by law,
15adjudications shall not prejudice or disqualify the individual
16in any civil service application or appointment, from holding
17public office, or from receiving any license granted by public
18authority. All juvenile court records which have not been
19expunged are sealed and may never be disclosed to the general
20public or otherwise made widely available. Sealed juvenile
21court records may be obtained only under this Section and
22Section 1-7 and Part 9 of Article V of this Act, when their use
23is needed for good cause and with an order from the juvenile
24court. Inspection and copying of juvenile court records
25relating to a minor who is the subject of a proceeding under

 

 

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1this Act shall be restricted to the following:
2        (1) The minor who is the subject of record, the
3    minor's his or her parents, guardian, and counsel.
4        (2) Law enforcement officers and law enforcement
5    agencies when such information is essential to executing
6    an arrest or search warrant or other compulsory process,
7    or to conducting an ongoing investigation or relating to a
8    minor who has been adjudicated delinquent and there has
9    been a previous finding that the act which constitutes the
10    previous offense was committed in furtherance of criminal
11    activities by a criminal street gang.
12        Before July 1, 1994, for the purposes of this Section,
13    "criminal street gang" means any ongoing organization,
14    association, or group of 3 or more persons, whether formal
15    or informal, having as one of its primary activities the
16    commission of one or more criminal acts and that has a
17    common name or common identifying sign, symbol or specific
18    color apparel displayed, and whose members individually or
19    collectively engage in or have engaged in a pattern of
20    criminal activity.
21        Beginning July 1, 1994, for purposes of this Section,
22    "criminal street gang" has the meaning ascribed to it in
23    Section 10 of the Illinois Streetgang Terrorism Omnibus
24    Prevention Act.
25        (3) Judges, hearing officers, prosecutors, public
26    defenders, probation officers, social workers, or other

 

 

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1    individuals assigned by the court to conduct a
2    pre-adjudication or pre-disposition investigation, and
3    individuals responsible for supervising or providing
4    temporary or permanent care and custody for minors under
5    the order of the juvenile court when essential to
6    performing their responsibilities.
7        (4) Judges, federal, State, and local prosecutors,
8    public defenders, probation officers, and designated
9    staff:
10            (a) in the course of a trial when institution of
11        criminal proceedings has been permitted or required
12        under Section 5-805;
13            (b) when criminal proceedings have been permitted
14        or required under Section 5-805 and a minor is the
15        subject of a proceeding to determine the conditions of
16        pretrial release;
17            (c) when criminal proceedings have been permitted
18        or required under Section 5-805 and a minor is the
19        subject of a pre-trial investigation, pre-sentence
20        investigation or fitness hearing, or proceedings on an
21        application for probation; or
22            (d) when a minor becomes 18 years of age or older,
23        and is the subject of criminal proceedings, including
24        a hearing to determine the conditions of pretrial
25        release, a pre-trial investigation, a pre-sentence
26        investigation, a fitness hearing, or proceedings on an

 

 

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1        application for probation.
2        (5) Adult and Juvenile Prisoner Review Boards.
3        (6) Authorized military personnel.
4        (6.5) Employees of the federal government authorized
5    by law.
6        (7) Victims, their subrogees and legal
7    representatives; however, such persons shall have access
8    only to the name and address of the minor and information
9    pertaining to the disposition or alternative adjustment
10    plan of the juvenile court.
11        (8) Persons engaged in bona fide research, with the
12    permission of the presiding judge of the juvenile court
13    and the chief executive of the agency that prepared the
14    particular records; provided that publication of such
15    research results in no disclosure of a minor's identity
16    and protects the confidentiality of the record.
17        (9) The Secretary of State to whom the Clerk of the
18    Court shall report the disposition of all cases, as
19    required in Section 6-204 of the Illinois Vehicle Code.
20    However, information reported relative to these offenses
21    shall be privileged and available only to the Secretary of
22    State, courts, and police officers.
23        (10) The administrator of a bonafide substance abuse
24    student assistance program with the permission of the
25    presiding judge of the juvenile court.
26        (11) Mental health professionals on behalf of the

 

 

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1    Department of Corrections or the Department of Human
2    Services or prosecutors who are evaluating, prosecuting,
3    or investigating a potential or actual petition brought
4    under the Sexually Violent Persons Commitment Act relating
5    to a person who is the subject of juvenile court records or
6    the respondent to a petition brought under the Sexually
7    Violent Persons Commitment Act, who is the subject of
8    juvenile court records sought. Any records and any
9    information obtained from those records under this
10    paragraph (11) may be used only in sexually violent
11    persons commitment proceedings.
12        (12) Collection agencies, contracted or otherwise
13    engaged by a governmental entity, to collect any debts due
14    and owing to the governmental entity.
15    (A-1) Findings and exclusions of paternity entered in
16proceedings occurring under Article II of this Act shall be
17disclosed, in a manner and form approved by the Presiding
18Judge of the Juvenile Court, to the Department of Healthcare
19and Family Services when necessary to discharge the duties of
20the Department of Healthcare and Family Services under Article
21X of the Illinois Public Aid Code.
22    (B) A minor who is the victim in a juvenile proceeding
23shall be provided the same confidentiality regarding
24disclosure of identity as the minor who is the subject of
25record.
26    (C)(0.1) In cases where the records concern a pending

 

 

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1juvenile court case, the requesting party seeking to inspect
2the juvenile court records shall provide actual notice to the
3attorney or guardian ad litem of the minor whose records are
4sought.
5    (0.2) In cases where the juvenile court records concern a
6juvenile court case that is no longer pending, the requesting
7party seeking to inspect the juvenile court records shall
8provide actual notice to the minor or the minor's parent or
9legal guardian, and the matter shall be referred to the chief
10judge presiding over matters pursuant to this Act.
11    (0.3) In determining whether juvenile court records should
12be made available for inspection and whether inspection should
13be limited to certain parts of the file, the court shall
14consider the minor's interest in confidentiality and
15rehabilitation over the requesting party's interest in
16obtaining the information. The State's Attorney, the minor,
17and the minor's parents, guardian, and counsel shall at all
18times have the right to examine court files and records.
19    (0.4) Any records obtained in violation of this Section
20shall not be admissible in any criminal or civil proceeding,
21or operate to disqualify a minor from subsequently holding
22public office, or operate as a forfeiture of any public
23benefit, right, privilege, or right to receive any license
24granted by public authority.
25    (D) Pending or following any adjudication of delinquency
26for any offense defined in Sections 11-1.20 through 11-1.60 or

 

 

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112-13 through 12-16 of the Criminal Code of 1961 or the
2Criminal Code of 2012, the victim of any such offense shall
3receive the rights set out in Sections 4 and 6 of the Bill of
4Rights for Victims and Witnesses of Violent Crime Act; and the
5juvenile who is the subject of the adjudication,
6notwithstanding any other provision of this Act, shall be
7treated as an adult for the purpose of affording such rights to
8the victim.
9    (E) Nothing in this Section shall affect the right of a
10Civil Service Commission or appointing authority of the
11federal government, or any state, county, or municipality
12examining the character and fitness of an applicant for
13employment with a law enforcement agency, correctional
14institution, or fire department to ascertain whether that
15applicant was ever adjudicated to be a delinquent minor and,
16if so, to examine the records of disposition or evidence which
17were made in proceedings under this Act.
18    (F) Following any adjudication of delinquency for a crime
19which would be a felony if committed by an adult, or following
20any adjudication of delinquency for a violation of Section
2124-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
22Criminal Code of 2012, the State's Attorney shall ascertain
23whether the minor respondent is enrolled in school and, if so,
24shall provide a copy of the dispositional order to the
25principal or chief administrative officer of the school.
26Access to the dispositional order shall be limited to the

 

 

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1principal or chief administrative officer of the school and
2any school counselor designated by the principal or chief
3administrative officer him or her.
4    (G) Nothing contained in this Act prevents the sharing or
5disclosure of information or records relating or pertaining to
6juveniles subject to the provisions of the Serious Habitual
7Offender Comprehensive Action Program when that information is
8used to assist in the early identification and treatment of
9habitual juvenile offenders.
10    (H) When a court hearing a proceeding under Article II of
11this Act becomes aware that an earlier proceeding under
12Article II had been heard in a different county, that court
13shall request, and the court in which the earlier proceedings
14were initiated shall transmit, an authenticated copy of the
15juvenile court record, including all documents, petitions, and
16orders filed and the minute orders, transcript of proceedings,
17and docket entries of the court.
18    (I) The Clerk of the Circuit Court shall report to the
19Illinois State Police, in the form and manner required by the
20Illinois State Police, the final disposition of each minor who
21has been arrested or taken into custody before the minor's his
22or her 18th birthday for those offenses required to be
23reported under Section 5 of the Criminal Identification Act.
24Information reported to the Department under this Section may
25be maintained with records that the Department files under
26Section 2.1 of the Criminal Identification Act.

 

 

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1    (J) The changes made to this Section by Public Act 98-61
2apply to juvenile law enforcement records of a minor who has
3been arrested or taken into custody on or after January 1, 2014
4(the effective date of Public Act 98-61).
5    (K) Willful violation of this Section is a Class C
6misdemeanor and each violation is subject to a fine of $1,000.
7This subsection (K) shall not apply to the person who is the
8subject of the record.
9    (L) A person convicted of violating this Section is liable
10for damages in the amount of $1,000 or actual damages,
11whichever is greater.
12(Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21;
13102-538, eff. 8-20-21; revised 10-12-21.)
 
14    (705 ILCS 405/1-9)  (from Ch. 37, par. 801-9)
15    Sec. 1-9. Expungement of law enforcement and juvenile
16court records.
17    (1) Expungement of law enforcement and juvenile court
18delinquency records shall be governed by Part 9 of Article V of
19this Act.
20    (2) This subsection (2) applies to expungement of law
21enforcement and juvenile court records other than delinquency
22proceedings. Whenever any person has attained the age of 18 or
23whenever all juvenile court proceedings relating to that
24person have been terminated, whichever is later, the person
25may petition the court to expunge law enforcement records

 

 

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1relating to incidents occurring before the minor's his 18th
2birthday or the minor's his juvenile court records, or both,
3if the minor was placed under supervision pursuant to Sections
42-20, 3-21, or 4-18, and such order of supervision has since
5been successfully terminated.
6    (3) The chief judge of the circuit in which an arrest was
7made or a charge was brought or any judge of that circuit
8designated by the chief judge may, upon verified petition of a
9person who is the subject of an arrest or a juvenile court
10proceeding pursuant to subsection (2) of this Section, order
11the law enforcement records or juvenile court records, or
12both, to be expunged from the official records of the
13arresting authority and the clerk of the circuit court. Notice
14of the petition shall be served upon the State's Attorney and
15upon the arresting authority which is the subject of the
16petition for expungement.
17    (4) The changes made to this Section by this amendatory
18Act of the 98th General Assembly apply to law enforcement and
19juvenile court records of a minor who has been arrested or
20taken into custody on or after the effective date of this
21amendatory Act.
22(Source: P.A. 100-1162, eff. 12-20-18.)
 
23    (705 ILCS 405/2-1)  (from Ch. 37, par. 802-1)
24    Sec. 2-1. Jurisdictional facts. Proceedings may be
25instituted under the provisions of this Article concerning

 

 

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1minors boys and girls who are abused, neglected or dependent,
2as defined in Sections 2-3 or 2-4.
3(Source: P.A. 85-601.)
 
4    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
5    Sec. 2-3. Neglected or abused minor.
6    (1) Those who are neglected include:
7        (a) any minor under 18 years of age or a minor 18 years
8    of age or older for whom the court has made a finding of
9    probable cause to believe that the minor is abused,
10    neglected, or dependent under subsection (1) of Section
11    2-10 prior to the minor's 18th birthday who is not
12    receiving the proper or necessary support, education as
13    required by law, or medical or other remedial care
14    recognized under State law as necessary for a minor's
15    well-being, or other care necessary for the minor's his or
16    her well-being, including adequate food, clothing and
17    shelter, or who is abandoned by the minor's his or her
18    parent or parents or other person or persons responsible
19    for the minor's welfare, except that a minor shall not be
20    considered neglected for the sole reason that the minor's
21    parent or parents or other person or persons responsible
22    for the minor's welfare have left the minor in the care of
23    an adult relative for any period of time, who the parent or
24    parents or other person responsible for the minor's
25    welfare know is both a mentally capable adult relative and

 

 

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1    physically capable adult relative, as defined by this Act;
2    or
3        (b) any minor under 18 years of age or a minor 18 years
4    of age or older for whom the court has made a finding of
5    probable cause to believe that the minor is abused,
6    neglected, or dependent under subsection (1) of Section
7    2-10 prior to the minor's 18th birthday whose environment
8    is injurious to the minor's his or her welfare; or
9        (c) any newborn infant whose blood, urine, or meconium
10    contains any amount of a controlled substance as defined
11    in subsection (f) of Section 102 of the Illinois
12    Controlled Substances Act, as now or hereafter amended, or
13    a metabolite of a controlled substance, with the exception
14    of controlled substances or metabolites of such
15    substances, the presence of which in the newborn infant is
16    the result of medical treatment administered to the person
17    who gave birth mother or the newborn infant; or
18        (d) any minor under the age of 14 years whose parent or
19    other person responsible for the minor's welfare leaves
20    the minor without supervision for an unreasonable period
21    of time without regard for the mental or physical health,
22    safety, or welfare of that minor; or
23        (e) any minor who has been provided with interim
24    crisis intervention services under Section 3-5 of this Act
25    and whose parent, guardian, or custodian refuses to permit
26    the minor to return home unless the minor is an immediate

 

 

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1    physical danger to the minor himself, herself, or others
2    living in the home.
3    Whether the minor was left without regard for the mental
4or physical health, safety, or welfare of that minor or the
5period of time was unreasonable shall be determined by
6considering the following factors, including but not limited
7to:
8        (1) the age of the minor;
9        (2) the number of minors left at the location;
10        (3) special needs of the minor, including whether the
11    minor is a person with a physical or mental disability, or
12    otherwise in need of ongoing prescribed medical treatment
13    such as periodic doses of insulin or other medications;
14        (4) the duration of time in which the minor was left
15    without supervision;
16        (5) the condition and location of the place where the
17    minor was left without supervision;
18        (6) the time of day or night when the minor was left
19    without supervision;
20        (7) the weather conditions, including whether the
21    minor was left in a location with adequate protection from
22    the natural elements such as adequate heat or light;
23        (8) the location of the parent or guardian at the time
24    the minor was left without supervision, the physical
25    distance the minor was from the parent or guardian at the
26    time the minor was without supervision;

 

 

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1        (9) whether the minor's movement was restricted, or
2    the minor was otherwise locked within a room or other
3    structure;
4        (10) whether the minor was given a phone number of a
5    person or location to call in the event of an emergency and
6    whether the minor was capable of making an emergency call;
7        (11) whether there was food and other provision left
8    for the minor;
9        (12) whether any of the conduct is attributable to
10    economic hardship or illness and the parent, guardian or
11    other person having physical custody or control of the
12    child made a good faith effort to provide for the health
13    and safety of the minor;
14        (13) the age and physical and mental capabilities of
15    the person or persons who provided supervision for the
16    minor;
17        (14) whether the minor was left under the supervision
18    of another person;
19        (15) any other factor that would endanger the health
20    and safety of that particular minor.
21    A minor shall not be considered neglected for the sole
22reason that the minor has been relinquished in accordance with
23the Abandoned Newborn Infant Protection Act.
24    (2) Those who are abused include any minor under 18 years
25of age or a minor 18 years of age or older for whom the court
26has made a finding of probable cause to believe that the minor

 

 

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1is abused, neglected, or dependent under subsection (1) of
2Section 2-10 prior to the minor's 18th birthday whose parent
3or immediate family member, or any person responsible for the
4minor's welfare, or any person who is in the same family or
5household as the minor, or any individual residing in the same
6home as the minor, or a paramour of the minor's parent:
7        (i) inflicts, causes to be inflicted, or allows to be
8    inflicted upon such minor physical injury, by other than
9    accidental means, which causes death, disfigurement,
10    impairment of physical or emotional health, or loss or
11    impairment of any bodily function;
12        (ii) creates a substantial risk of physical injury to
13    such minor by other than accidental means which would be
14    likely to cause death, disfigurement, impairment of
15    emotional health, or loss or impairment of any bodily
16    function;
17        (iii) commits or allows to be committed any sex
18    offense against such minor, as such sex offenses are
19    defined in the Criminal Code of 1961 or the Criminal Code
20    of 2012, or in the Wrongs to Children Act, and extending
21    those definitions of sex offenses to include minors under
22    18 years of age;
23        (iv) commits or allows to be committed an act or acts
24    of torture upon such minor;
25        (v) inflicts excessive corporal punishment;
26        (vi) commits or allows to be committed the offense of

 

 

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1    involuntary servitude, involuntary sexual servitude of a
2    minor, or trafficking in persons as defined in Section
3    10-9 of the Criminal Code of 1961 or the Criminal Code of
4    2012, upon such minor; or
5        (vii) allows, encourages or requires a minor to commit
6    any act of prostitution, as defined in the Criminal Code
7    of 1961 or the Criminal Code of 2012, and extending those
8    definitions to include minors under 18 years of age.
9    A minor shall not be considered abused for the sole reason
10that the minor has been relinquished in accordance with the
11Abandoned Newborn Infant Protection Act.
12    (3) This Section does not apply to a minor who would be
13included herein solely for the purpose of qualifying for
14financial assistance for the minor, the minor's himself, his
15parents, guardian or custodian.
16    (4) The changes made by this amendatory Act of the 101st
17General Assembly apply to a case that is pending on or after
18the effective date of this amendatory Act of the 101st General
19Assembly.
20(Source: P.A. 101-79, eff. 7-12-19.)
 
21    (705 ILCS 405/2-4)  (from Ch. 37, par. 802-4)
22    Sec. 2-4. Dependent minor.
23    (1) Those who are dependent include any minor under 18
24years of age or a minor 18 years of age or older for whom the
25court has made a finding of probable cause to believe that the

 

 

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1minor is abused, neglected, or dependent under subsection (1)
2of Section 2-10 prior to the minor's 18th birthday:
3        (a) who is without a parent, guardian or legal
4    custodian;
5        (b) who is without proper care because of the physical
6    or mental disability of the minor's his parent, guardian
7    or custodian;
8        (c) who is without proper medical or other remedial
9    care recognized under State law or other care necessary
10    for the minor's his or her well being through no fault,
11    neglect or lack of concern by the minor's his parents,
12    guardian or custodian, provided that no order may be made
13    terminating parental rights, nor may a minor be removed
14    from the custody of the minor's his or her parents for
15    longer than 6 months, pursuant to an adjudication as a
16    dependent minor under this subdivision (c), unless it is
17    found to be in the minor's his or her best interest by the
18    court or the case automatically closes as provided under
19    Section 2-31 of this Act; or
20        (d) who has a parent, guardian or legal custodian who
21    with good cause wishes to be relieved of all residual
22    parental rights and responsibilities, guardianship or
23    custody, and who desires the appointment of a guardian of
24    the person with power to consent to the adoption of the
25    minor under Section 2-29.
26    (2) This Section does not apply to a minor who would be

 

 

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1included herein solely for the purpose of qualifying for
2financial assistance for the minor, the minor's himself, his
3parent or parents, guardian or custodian or to a minor solely
4because the minor's his or her parent or parents or guardian
5has left the minor for any period of time in the care of an
6adult relative, who the parent or parents or guardian know is
7both a mentally capable adult relative and physically capable
8adult relative, as defined by this Act.
9    (3) The changes made by this amendatory Act of the 101st
10General Assembly apply to a case that is pending on or after
11the effective date of this amendatory Act of the 101st General
12Assembly.
13(Source: P.A. 101-79, eff. 7-12-19.)
 
14    (705 ILCS 405/2-4b)
15    Sec. 2-4b. Family Support Program services; hearing.
16    (a) Any minor who is placed in the custody or guardianship
17of the Department of Children and Family Services under
18Article II of this Act on the basis of a petition alleging that
19the minor is dependent because the minor was left at a
20psychiatric hospital beyond medical necessity, and for whom an
21application for the Family Support Program was pending with
22the Department of Healthcare and Family Services or an active
23application was being reviewed by the Department of Healthcare
24and Family Services at the time the petition was filed, shall
25continue to be considered eligible for services if all other

 

 

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1eligibility criteria are met.
2    (b) The court shall conduct a hearing within 14 days upon
3notification to all parties that an application for the Family
4Support Program services has been approved and services are
5available. At the hearing, the court shall determine whether
6to vacate the custody or guardianship of the Department of
7Children and Family Services and return the minor to the
8custody of the respondent with Family Support Program services
9or whether the minor shall continue to be in the custody or
10guardianship of the Department of Children and Family Services
11and decline the Family Support Program services. In making its
12determination, the court shall consider the minor's best
13interest, the involvement of the respondent in proceedings
14under this Act, the involvement of the respondent in the
15minor's treatment, the relationship between the minor and the
16respondent, and any other factor the court deems relevant. If
17the court vacates the custody or guardianship of the
18Department of Children and Family Services and returns the
19minor to the custody of the respondent with Family Support
20Services, the Department of Healthcare and Family Services
21shall become fiscally responsible for providing services to
22the minor. If the court determines that the minor shall
23continue in the custody of the Department of Children and
24Family Services, the Department of Children and Family
25Services shall remain fiscally responsible for providing
26services to the minor, the Family Support Services shall be

 

 

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1declined, and the minor shall no longer be eligible for Family
2Support Services.
3    (c) This Section does not apply to a minor:
4        (1) for whom a petition has been filed under this Act
5    alleging that the minor he or she is an abused or neglected
6    minor;
7        (2) for whom the court has made a finding that the
8    minor he or she is an abused or neglected minor under this
9    Act; or
10        (3) who is in the temporary custody of the Department
11    of Children and Family Services and the minor has been the
12    subject of an indicated allegation of abuse or neglect,
13    other than for psychiatric lockout, where a respondent was
14    the perpetrator within 5 years of the filing of the
15    pending petition.
16(Source: P.A. 100-978, eff. 8-19-18; 101-81, eff. 7-12-19.)
 
17    (705 ILCS 405/2-5)  (from Ch. 37, par. 802-5)
18    Sec. 2-5. Taking into custody.
19    (1) A law enforcement officer may, without a warrant, take
20into temporary custody a minor (a) whom the officer with
21reasonable cause believes to be a person described in Section
222-3 or 2-4; (b) who has been adjudged a ward of the court and
23has escaped from any commitment ordered by the court under
24this Act; or (c) who is found in any street or public place
25suffering from any sickness or injury which requires care,

 

 

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1medical treatment or hospitalization.
2    (2) Whenever a petition has been filed under Section 2-13
3and the court finds that the conduct and behavior of the minor
4may endanger the health, person, welfare, or property of the
5minor himself or others or that the circumstances of the
6minor's his home environment may endanger the minor's his
7health, person, welfare or property, a warrant may be issued
8immediately to take the minor into custody.
9    (3) The taking of a minor into temporary custody under
10this Section is not an arrest nor does it constitute a police
11record.
12(Source: P.A. 85-601.)
 
13    (705 ILCS 405/2-6)  (from Ch. 37, par. 802-6)
14    Sec. 2-6. Duty of officer. (1) A law enforcement officer
15who takes a minor into custody under Section 2-5 shall
16immediately make a reasonable attempt to notify the parent or
17other person legally responsible for the minor's care or the
18person with whom the minor resides that the minor has been
19taken into custody and where the minor he or she is being held.
20    (a) A law enforcement officer who takes a minor into
21custody with a warrant shall without unnecessary delay take
22the minor to the nearest juvenile police officer designated
23for such purposes in the county of venue.
24    (b) A law enforcement officer who takes a minor into
25custody without a warrant shall place the minor in temporary

 

 

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1protective custody and shall immediately notify the Department
2of Children and Family Services by contacting either the
3central register established under 7.7 of the Abused and
4Neglected Child Reporting Act or the nearest Department of
5Children and Family Services office. If there is reasonable
6cause to suspect that a minor has died as a result of abuse or
7neglect, the law enforcement officer shall immediately report
8such suspected abuse or neglect to the appropriate medical
9examiner or coroner.
10(Source: P.A. 85-601.)
 
11    (705 ILCS 405/2-7)  (from Ch. 37, par. 802-7)
12    Sec. 2-7. Temporary custody. "Temporary custody" means the
13temporary placement of the minor out of the custody of the
14minor's his or her guardian or parent, and includes the
15following:
16    (1) "Temporary protective custody" means custody within a
17hospital or other medical facility or a place previously
18designated for such custody by the Department of Children and
19Family Services, subject to review by the court, including a
20licensed foster home, group home, or other institution.
21However, such place shall not be a jail or other place for the
22detention of the criminal or juvenile offenders.
23    (2) "Shelter care" means a physically unrestrictive
24facility designated by the Department of Children and Family
25Services or a licensed child welfare agency, or other suitable

 

 

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1place designated by the court for a minor who requires care
2away from the minor's his or her home.
3(Source: P.A. 85-601.)
 
4    (705 ILCS 405/2-8)  (from Ch. 37, par. 802-8)
5    Sec. 2-8. Investigation; release. When a minor is
6delivered to the court, or to the place designated by the court
7under Section 2-7 of this Act, a probation officer or such
8other public officer designated by the court shall immediately
9investigate the circumstances of the minor and the facts
10surrounding the minor his or her being taken into custody. The
11minor shall be immediately released to the custody of the
12minor's his or her parent, guardian, legal custodian or
13responsible relative, unless the probation officer or such
14other public officer designated by the court finds that
15further temporary protective custody is necessary, as provided
16in Section 2-7.
17(Source: P.A. 85-601.)
 
18    (705 ILCS 405/2-9)  (from Ch. 37, par. 802-9)
19    Sec. 2-9. Setting of temporary custody hearing; notice;
20release.
21    (1) Unless sooner released, a minor as defined in Section
222-3 or 2-4 of this Act taken into temporary protective custody
23must be brought before a judicial officer within 48 hours,
24exclusive of Saturdays, Sundays and court-designated holidays,

 

 

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1for a temporary custody hearing to determine whether the minor
2he shall be further held in custody.
3    (2) If the probation officer or such other public officer
4designated by the court determines that the minor should be
5retained in custody, the probation officer or such other
6public officer designated by the court he shall cause a
7petition to be filed as provided in Section 2-13 of this
8Article, and the clerk of the court shall set the matter for
9hearing on the temporary custody hearing calendar. When a
10parent, guardian, custodian or responsible relative is present
11and so requests, the temporary custody hearing shall be held
12immediately if the court is in session, otherwise at the
13earliest feasible time. The petitioner through counsel or such
14other public officer designated by the court shall insure
15notification to the minor's parent, guardian, custodian or
16responsible relative of the time and place of the hearing by
17the best practicable notice, allowing for oral notice in place
18of written notice only if provision of written notice is
19unreasonable under the circumstances.
20    (3) The minor must be released from temporary protective
21custody at the expiration of the 48 hour period specified by
22this Section if not brought before a judicial officer within
23that period.
24(Source: P.A. 87-759.)
 
25    (705 ILCS 405/2-10)  (from Ch. 37, par. 802-10)

 

 

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1    Sec. 2-10. Temporary custody hearing. At the appearance of
2the minor before the court at the temporary custody hearing,
3all witnesses present shall be examined before the court in
4relation to any matter connected with the allegations made in
5the petition.
6    (1) If the court finds that there is not probable cause to
7believe that the minor is abused, neglected or dependent it
8shall release the minor and dismiss the petition.
9    (2) If the court finds that there is probable cause to
10believe that the minor is abused, neglected or dependent, the
11court shall state in writing the factual basis supporting its
12finding and the minor, the minor's his or her parent,
13guardian, custodian and other persons able to give relevant
14testimony shall be examined before the court. The Department
15of Children and Family Services shall give testimony
16concerning indicated reports of abuse and neglect, of which
17they are aware through the central registry, involving the
18minor's parent, guardian or custodian. After such testimony,
19the court may, consistent with the health, safety and best
20interests of the minor, enter an order that the minor shall be
21released upon the request of parent, guardian or custodian if
22the parent, guardian or custodian appears to take custody. If
23it is determined that a parent's, guardian's, or custodian's
24compliance with critical services mitigates the necessity for
25removal of the minor from the minor's his or her home, the
26court may enter an Order of Protection setting forth

 

 

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1reasonable conditions of behavior that a parent, guardian, or
2custodian must observe for a specified period of time, not to
3exceed 12 months, without a violation; provided, however, that
4the 12-month period shall begin anew after any violation.
5"Custodian" includes the Department of Children and Family
6Services, if it has been given custody of the child, or any
7other agency of the State which has been given custody or
8wardship of the child. If it is consistent with the health,
9safety and best interests of the minor, the court may also
10prescribe shelter care and order that the minor be kept in a
11suitable place designated by the court or in a shelter care
12facility designated by the Department of Children and Family
13Services or a licensed child welfare agency; however, on and
14after January 1, 2015 (the effective date of Public Act
1598-803) and before January 1, 2017, a minor charged with a
16criminal offense under the Criminal Code of 1961 or the
17Criminal Code of 2012 or adjudicated delinquent shall not be
18placed in the custody of or committed to the Department of
19Children and Family Services by any court, except a minor less
20than 16 years of age and committed to the Department of
21Children and Family Services under Section 5-710 of this Act
22or a minor for whom an independent basis of abuse, neglect, or
23dependency exists; and on and after January 1, 2017, a minor
24charged with a criminal offense under the Criminal Code of
251961 or the Criminal Code of 2012 or adjudicated delinquent
26shall not be placed in the custody of or committed to the

 

 

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1Department of Children and Family Services by any court,
2except a minor less than 15 years of age and committed to the
3Department of Children and Family Services under Section 5-710
4of this Act or a minor for whom an independent basis of abuse,
5neglect, or dependency exists. An independent basis exists
6when the allegations or adjudication of abuse, neglect, or
7dependency do not arise from the same facts, incident, or
8circumstances which give rise to a charge or adjudication of
9delinquency.
10    In placing the minor, the Department or other agency
11shall, to the extent compatible with the court's order, comply
12with Section 7 of the Children and Family Services Act. In
13determining the health, safety and best interests of the minor
14to prescribe shelter care, the court must find that it is a
15matter of immediate and urgent necessity for the safety and
16protection of the minor or of the person or property of another
17that the minor be placed in a shelter care facility or that the
18minor he or she is likely to flee the jurisdiction of the
19court, and must further find that reasonable efforts have been
20made or that, consistent with the health, safety and best
21interests of the minor, no efforts reasonably can be made to
22prevent or eliminate the necessity of removal of the minor
23from the minor's his or her home. The court shall require
24documentation from the Department of Children and Family
25Services as to the reasonable efforts that were made to
26prevent or eliminate the necessity of removal of the minor

 

 

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1from the minor's his or her home or the reasons why no efforts
2reasonably could be made to prevent or eliminate the necessity
3of removal. When a minor is placed in the home of a relative,
4the Department of Children and Family Services shall complete
5a preliminary background review of the members of the minor's
6custodian's household in accordance with Section 4.3 of the
7Child Care Act of 1969 within 90 days of that placement. If the
8minor is ordered placed in a shelter care facility of the
9Department of Children and Family Services or a licensed child
10welfare agency, the court shall, upon request of the
11appropriate Department or other agency, appoint the Department
12of Children and Family Services Guardianship Administrator or
13other appropriate agency executive temporary custodian of the
14minor and the court may enter such other orders related to the
15temporary custody as it deems fit and proper, including the
16provision of services to the minor or the minor's his family to
17ameliorate the causes contributing to the finding of probable
18cause or to the finding of the existence of immediate and
19urgent necessity.
20    Where the Department of Children and Family Services
21Guardianship Administrator is appointed as the executive
22temporary custodian, the Department of Children and Family
23Services shall file with the court and serve on the parties a
24parent-child visiting plan, within 10 days, excluding weekends
25and holidays, after the appointment. The parent-child visiting
26plan shall set out the time and place of visits, the frequency

 

 

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1of visits, the length of visits, who shall be present at the
2visits, and where appropriate, the minor's opportunities to
3have telephone and mail communication with the parents.
4    Where the Department of Children and Family Services
5Guardianship Administrator is appointed as the executive
6temporary custodian, and when the child has siblings in care,
7the Department of Children and Family Services shall file with
8the court and serve on the parties a sibling placement and
9contact plan within 10 days, excluding weekends and holidays,
10after the appointment. The sibling placement and contact plan
11shall set forth whether the siblings are placed together, and
12if they are not placed together, what, if any, efforts are
13being made to place them together. If the Department has
14determined that it is not in a child's best interest to be
15placed with a sibling, the Department shall document in the
16sibling placement and contact plan the basis for its
17determination. For siblings placed separately, the sibling
18placement and contact plan shall set the time and place for
19visits, the frequency of the visits, the length of visits, who
20shall be present for the visits, and where appropriate, the
21child's opportunities to have contact with their siblings in
22addition to in person contact. If the Department determines it
23is not in the best interest of a sibling to have contact with a
24sibling, the Department shall document in the sibling
25placement and contact plan the basis for its determination.
26The sibling placement and contact plan shall specify a date

 

 

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1for development of the Sibling Contact Support Plan, under
2subsection (f) of Section 7.4 of the Children and Family
3Services Act, and shall remain in effect until the Sibling
4Contact Support Plan is developed.
5    For good cause, the court may waive the requirement to
6file the parent-child visiting plan or the sibling placement
7and contact plan, or extend the time for filing either plan.
8Any party may, by motion, request the court to review the
9parent-child visiting plan to determine whether it is
10reasonably calculated to expeditiously facilitate the
11achievement of the permanency goal. A party may, by motion,
12request the court to review the parent-child visiting plan or
13the sibling placement and contact plan to determine whether it
14is consistent with the minor's best interest. The court may
15refer the parties to mediation where available. The frequency,
16duration, and locations of visitation shall be measured by the
17needs of the child and family, and not by the convenience of
18Department personnel. Child development principles shall be
19considered by the court in its analysis of how frequent
20visitation should be, how long it should last, where it should
21take place, and who should be present. If upon motion of the
22party to review either plan and after receiving evidence, the
23court determines that the parent-child visiting plan is not
24reasonably calculated to expeditiously facilitate the
25achievement of the permanency goal or that the restrictions
26placed on parent-child contact or sibling placement or contact

 

 

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1are contrary to the child's best interests, the court shall
2put in writing the factual basis supporting the determination
3and enter specific findings based on the evidence. The court
4shall enter an order for the Department to implement changes
5to the parent-child visiting plan or sibling placement or
6contact plan, consistent with the court's findings. At any
7stage of proceeding, any party may by motion request the court
8to enter any orders necessary to implement the parent-child
9visiting plan, sibling placement or contact plan or
10subsequently developed Sibling Contact Support Plan. Nothing
11under this subsection (2) shall restrict the court from
12granting discretionary authority to the Department to increase
13opportunities for additional parent-child contacts or sibling
14contacts, without further court orders. Nothing in this
15subsection (2) shall restrict the Department from immediately
16restricting or terminating parent-child contact or sibling
17contacts, without either amending the parent-child visiting
18plan or the sibling contact plan or obtaining a court order,
19where the Department or its assigns reasonably believe there
20is an immediate need to protect the child's health, safety,
21and welfare. Such restrictions or terminations must be based
22on available facts to the Department and its assigns when
23viewed in light of the surrounding circumstances and shall
24only occur on an individual case-by-case basis. The Department
25shall file with the court and serve on the parties any
26amendments to the plan within 10 days, excluding weekends and

 

 

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1holidays, of the change of the visitation.
2    Acceptance of services shall not be considered an
3admission of any allegation in a petition made pursuant to
4this Act, nor may a referral of services be considered as
5evidence in any proceeding pursuant to this Act, except where
6the issue is whether the Department has made reasonable
7efforts to reunite the family. In making its findings that it
8is consistent with the health, safety and best interests of
9the minor to prescribe shelter care, the court shall state in
10writing (i) the factual basis supporting its findings
11concerning the immediate and urgent necessity for the
12protection of the minor or of the person or property of another
13and (ii) the factual basis supporting its findings that
14reasonable efforts were made to prevent or eliminate the
15removal of the minor from the minor's his or her home or that
16no efforts reasonably could be made to prevent or eliminate
17the removal of the minor from the minor's his or her home. The
18parents, guardian, custodian, temporary custodian and minor
19shall each be furnished a copy of such written findings. The
20temporary custodian shall maintain a copy of the court order
21and written findings in the case record for the child. The
22order together with the court's findings of fact in support
23thereof shall be entered of record in the court.
24    Once the court finds that it is a matter of immediate and
25urgent necessity for the protection of the minor that the
26minor be placed in a shelter care facility, the minor shall not

 

 

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1be returned to the parent, custodian or guardian until the
2court finds that such placement is no longer necessary for the
3protection of the minor.
4    If the child is placed in the temporary custody of the
5Department of Children and Family Services for the minor's his
6or her protection, the court shall admonish the parents,
7guardian, custodian or responsible relative that the parents
8must cooperate with the Department of Children and Family
9Services, comply with the terms of the service plans, and
10correct the conditions which require the child to be in care,
11or risk termination of their parental rights. The court shall
12ensure, by inquiring in open court of each parent, guardian,
13custodian or responsible relative, that the parent, guardian,
14custodian or responsible relative has had the opportunity to
15provide the Department with all known names, addresses, and
16telephone numbers of each of the minor's living maternal and
17paternal adult relatives, including, but not limited to,
18grandparents, siblings of the minor's parents aunts, uncles,
19and siblings. The court shall advise the parents, guardian,
20custodian or responsible relative to inform the Department if
21additional information regarding the minor's adult relatives
22becomes available.
23    (3) If prior to the shelter care hearing for a minor
24described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
25unable to serve notice on the party respondent, the shelter
26care hearing may proceed ex parte. A shelter care order from an

 

 

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1ex parte hearing shall be endorsed with the date and hour of
2issuance and shall be filed with the clerk's office and
3entered of record. The order shall expire after 10 days from
4the time it is issued unless before its expiration it is
5renewed, at a hearing upon appearance of the party respondent,
6or upon an affidavit of the moving party as to all diligent
7efforts to notify the party respondent by notice as herein
8prescribed. The notice prescribed shall be in writing and
9shall be personally delivered to the minor or the minor's
10attorney and to the last known address of the other person or
11persons entitled to notice. The notice shall also state the
12nature of the allegations, the nature of the order sought by
13the State, including whether temporary custody is sought, and
14the consequences of failure to appear and shall contain a
15notice that the parties will not be entitled to further
16written notices or publication notices of proceedings in this
17case, including the filing of an amended petition or a motion
18to terminate parental rights, except as required by Supreme
19Court Rule 11; and shall explain the right of the parties and
20the procedures to vacate or modify a shelter care order as
21provided in this Section. The notice for a shelter care
22hearing shall be substantially as follows:
23
NOTICE TO PARENTS AND CHILDREN
24
OF SHELTER CARE HEARING
25        On ................ at ........., before the Honorable
26    ................, (address:) ................., the State

 

 

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1    of Illinois will present evidence (1) that (name of child
2    or children) ....................... are abused, neglected
3    or dependent for the following reasons:
4    .............................................. and (2)
5    whether there is "immediate and urgent necessity" to
6    remove the child or children from the responsible
7    relative.
8        YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
9    PLACEMENT of the child or children in foster care until a
10    trial can be held. A trial may not be held for up to 90
11    days. You will not be entitled to further notices of
12    proceedings in this case, including the filing of an
13    amended petition or a motion to terminate parental rights.
14        At the shelter care hearing, parents have the
15    following rights:
16            1. To ask the court to appoint a lawyer if they
17        cannot afford one.
18            2. To ask the court to continue the hearing to
19        allow them time to prepare.
20            3. To present evidence concerning:
21                a. Whether or not the child or children were
22            abused, neglected or dependent.
23                b. Whether or not there is "immediate and
24            urgent necessity" to remove the child from home
25            (including: their ability to care for the child,
26            conditions in the home, alternative means of

 

 

SB3961- 336 -LRB102 22864 WGH 32015 b

1            protecting the child other than removal).
2                c. The best interests of the child.
3            4. To cross examine the State's witnesses.
 
4    The Notice for rehearings shall be substantially as
5follows:
6
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
7
TO REHEARING ON TEMPORARY CUSTODY
8        If you were not present at and did not have adequate
9    notice of the Shelter Care Hearing at which temporary
10    custody of ............... was awarded to
11    ................, you have the right to request a full
12    rehearing on whether the State should have temporary
13    custody of ................. To request this rehearing,
14    you must file with the Clerk of the Juvenile Court
15    (address): ........................, in person or by
16    mailing a statement (affidavit) setting forth the
17    following:
18            1. That you were not present at the shelter care
19        hearing.
20            2. That you did not get adequate notice
21        (explaining how the notice was inadequate).
22            3. Your signature.
23            4. Signature must be notarized.
24        The rehearing should be scheduled within 48 hours of
25    your filing this affidavit.

 

 

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1        At the rehearing, your rights are the same as at the
2    initial shelter care hearing. The enclosed notice explains
3    those rights.
4        At the Shelter Care Hearing, children have the
5    following rights:
6            1. To have a guardian ad litem appointed.
7            2. To be declared competent as a witness and to
8        present testimony concerning:
9                a. Whether they are abused, neglected or
10            dependent.
11                b. Whether there is "immediate and urgent
12            necessity" to be removed from home.
13                c. Their best interests.
14            3. To cross examine witnesses for other parties.
15            4. To obtain an explanation of any proceedings and
16        orders of the court.
17    (4) If the parent, guardian, legal custodian, responsible
18relative, minor age 8 or over, or counsel of the minor did not
19have actual notice of or was not present at the shelter care
20hearing, the parent, guardian, legal custodian, responsible
21relative, minor age 8 or over, or counsel of the minor he or
22she may file an affidavit setting forth these facts, and the
23clerk shall set the matter for rehearing not later than 48
24hours, excluding Sundays and legal holidays, after the filing
25of the affidavit. At the rehearing, the court shall proceed in
26the same manner as upon the original hearing.

 

 

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1    (5) Only when there is reasonable cause to believe that
2the minor taken into custody is a person described in
3subsection (3) of Section 5-105 may the minor be kept or
4detained in a detention home or county or municipal jail. This
5Section shall in no way be construed to limit subsection (6).
6    (6) No minor under 16 years of age may be confined in a
7jail or place ordinarily used for the confinement of prisoners
8in a police station. Minors under 18 years of age must be kept
9separate from confined adults and may not at any time be kept
10in the same cell, room, or yard with adults confined pursuant
11to the criminal law.
12    (7) If the minor is not brought before a judicial officer
13within the time period as specified in Section 2-9, the minor
14must immediately be released from custody.
15    (8) If neither the parent, guardian or custodian appears
16within 24 hours to take custody of a minor released upon
17request pursuant to subsection (2) of this Section, then the
18clerk of the court shall set the matter for rehearing not later
19than 7 days after the original order and shall issue a summons
20directed to the parent, guardian or custodian to appear. At
21the same time the probation department shall prepare a report
22on the minor. If a parent, guardian or custodian does not
23appear at such rehearing, the judge may enter an order
24prescribing that the minor be kept in a suitable place
25designated by the Department of Children and Family Services
26or a licensed child welfare agency.

 

 

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1    (9) Notwithstanding any other provision of this Section
2any interested party, including the State, the temporary
3custodian, an agency providing services to the minor or family
4under a service plan pursuant to Section 8.2 of the Abused and
5Neglected Child Reporting Act, foster parent, or any of their
6representatives, on notice to all parties entitled to notice,
7may file a motion that it is in the best interests of the minor
8to modify or vacate a temporary custody order on any of the
9following grounds:
10        (a) It is no longer a matter of immediate and urgent
11    necessity that the minor remain in shelter care; or
12        (b) There is a material change in the circumstances of
13    the natural family from which the minor was removed and
14    the child can be cared for at home without endangering the
15    child's health or safety; or
16        (c) A person not a party to the alleged abuse, neglect
17    or dependency, including a parent, relative or legal
18    guardian, is capable of assuming temporary custody of the
19    minor; or
20        (d) Services provided by the Department of Children
21    and Family Services or a child welfare agency or other
22    service provider have been successful in eliminating the
23    need for temporary custody and the child can be cared for
24    at home without endangering the child's health or safety.
25    In ruling on the motion, the court shall determine whether
26it is consistent with the health, safety and best interests of

 

 

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1the minor to modify or vacate a temporary custody order. If the
2minor is being restored to the custody of a parent, legal
3custodian, or guardian who lives outside of Illinois, and an
4Interstate Compact has been requested and refused, the court
5may order the Department of Children and Family Services to
6arrange for an assessment of the minor's proposed living
7arrangement and for ongoing monitoring of the health, safety,
8and best interest of the minor and compliance with any order of
9protective supervision entered in accordance with Section 2-20
10or 2-25.
11    The clerk shall set the matter for hearing not later than
1214 days after such motion is filed. In the event that the court
13modifies or vacates a temporary custody order but does not
14vacate its finding of probable cause, the court may order that
15appropriate services be continued or initiated in behalf of
16the minor and the minor's his or her family.
17    (10) When the court finds or has found that there is
18probable cause to believe a minor is an abused minor as
19described in subsection (2) of Section 2-3 and that there is an
20immediate and urgent necessity for the abused minor to be
21placed in shelter care, immediate and urgent necessity shall
22be presumed for any other minor residing in the same household
23as the abused minor provided:
24        (a) Such other minor is the subject of an abuse or
25    neglect petition pending before the court; and
26        (b) A party to the petition is seeking shelter care

 

 

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1    for such other minor.
2    Once the presumption of immediate and urgent necessity has
3been raised, the burden of demonstrating the lack of immediate
4and urgent necessity shall be on any party that is opposing
5shelter care for the other minor.
6    (11) The changes made to this Section by Public Act 98-61
7apply to a minor who has been arrested or taken into custody on
8or after January 1, 2014 (the effective date of Public Act
998-61).
10    (12) After the court has placed a minor in the care of a
11temporary custodian pursuant to this Section, any party may
12file a motion requesting the court to grant the temporary
13custodian the authority to serve as a surrogate decision maker
14for the minor under the Health Care Surrogate Act for purposes
15of making decisions pursuant to paragraph (1) of subsection
16(b) of Section 20 of the Health Care Surrogate Act. The court
17may grant the motion if it determines by clear and convincing
18evidence that it is in the best interests of the minor to grant
19the temporary custodian such authority. In making its
20determination, the court shall weigh the following factors in
21addition to considering the best interests factors listed in
22subsection (4.05) of Section 1-3 of this Act:
23        (a) the efforts to identify and locate the respondents
24    and adult family members of the minor and the results of
25    those efforts;
26        (b) the efforts to engage the respondents and adult

 

 

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1    family members of the minor in decision making on behalf
2    of the minor;
3        (c) the length of time the efforts in paragraphs (a)
4    and (b) have been ongoing;
5        (d) the relationship between the respondents and adult
6    family members and the minor;
7        (e) medical testimony regarding the extent to which
8    the minor is suffering and the impact of a delay in
9    decision-making on the minor; and
10        (f) any other factor the court deems relevant.
11    If the Department of Children and Family Services is the
12temporary custodian of the minor, in addition to the
13requirements of paragraph (1) of subsection (b) of Section 20
14of the Health Care Surrogate Act, the Department shall follow
15its rules and procedures in exercising authority granted under
16this subsection.
17(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
18revised 10-14-21.)
 
19    (705 ILCS 405/2-10.3)
20    Sec. 2-10.3. Access to news media.
21    (a) All youth in the custody or guardianship of the
22Department of Children and Family Services are entitled to the
23freedom of speech guaranteed by the First Amendment to the
24Constitution of the United States and Section 4 of Article I of
25the Illinois Constitution. The Department of Children and

 

 

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1Family Services and its agents and assigns shall not interfere
2with the right of any youth in its custody or guardianship to
3communicate with the news media if the youth chooses to do so.
4    (b) Provisions related to minors under 18. Any time the
5news media requests to speak with a specific, identified minor
6under 18 years of age, the Department of Children and Family
7Services shall immediately provide notice of the news media's
8request to the minor's attorney and guardian ad litem. The
9notice shall include at a minimum the minor's name, the news
10media name, and the date of the inquiry from the news media.
11Within one business day of the news media's request, the
12Department shall determine whether the minor wants to speak
13with the news media, whether the minor has sufficient maturity
14to make the minor's his or her own decision to communicate with
15the news media and whether contact with the news media will
16more likely than not cause the minor serious physical,
17emotional, or mental harm. The Department shall provide notice
18of its determination to the minor's attorney and guardian ad
19litem within one business day of its determination.
20    (c) Provisions related to minors over 18. The Department
21shall not take any action to interfere with the right of a
22minor over 18 to speak with the news media.
23    (d) Court Review.
24        (1) Any party may file a motion seeking to enforce
25    rights under this Section.
26        (2) If the minor does not have an attorney, the court

 

 

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1    shall appoint one for purposes of the motion.
2        (3) The Department shall facilitate the minor's
3    presence in court for hearings on the motion if the minor
4    wants to be present.
5        (4) The party filing the motion shall provide prior
6    notice of the hearing to the involved news media.
7        (5) Minors over 18. If the court finds that the
8    Department has interfered with the minor's right to
9    communicate with the media, the court shall enjoin any
10    further interference by the Department with the minor's
11    contacts with the news media.
12        (6) Minors under 18. The Department shall have the
13    burden of establishing by clear and convincing evidence:
14    (i) that the minor does not have sufficient maturity to
15    make the minor's his or her own decision to communicate
16    with the news media and that contact with the news media
17    will, more likely than not, cause the minor serious
18    physical, emotional, or mental harm; and (ii) that less
19    restrictive means are insufficient to address the minor's
20    lack of maturity or the risk of serious physical,
21    emotional, or mental harm. If the court finds by clear and
22    convincing evidence that a minor under 18 years of age
23    lacks sufficient maturity to make the minor's his or her
24    own decision to communicate with the media and that the
25    contact with the news media will, more likely than not,
26    cause the minor serious physical, emotional, or mental

 

 

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1    harm, the court may issue an order identifying the
2    specific limits that the Department may impose on the
3    minor's communication with the news media. The order shall
4    not permit the Department to prevent the minor from
5    communicating with the news media unless it determines
6    that no less restrictive means are available to address
7    the likelihood of harm to the minor.
8        (7) The court shall not impose any limitations on the
9    speech of a minor based on viewpoints the minor may
10    express or information the minor may divulge, unless it is
11    confidential information regarding third parties.
12        (8) All orders resolving motions brought under this
13    subsection shall contain written findings in support of
14    the court's ruling.
15    (e) As used in this Section, "interfere" includes, but is
16not limited to: withholding information from a minor about a
17news media outlet's request to speak with the minor, including
18any contact information necessary to respond to the request;
19preventing a minor from communicating with the news media;
20threatening or coercing the minor in any manner; or punishing
21or taking adverse action because of a minor's contact with the
22news media. "Interfere" does not include:
23        (1) providing information and advice about
24    communicating with news media that is consistent with the
25    minor's age, developmental capacity and circumstances,
26    including information about the minor's right to refuse

 

 

SB3961- 346 -LRB102 22864 WGH 32015 b

1    particular questions, the right to condition the
2    participation upon a promise of anonymity or other privacy
3    measures, the right to refuse to speak to the news media,
4    and similar advice designed to enhance the minor's right
5    to autonomy in communicating with the news media; and
6        (2) conducting an inquiry into (i) whether a minor
7    under 18 is sufficiently mature to decide for themselves
8    whether to communicate with the news media and (ii)
9    whether communicating with the news media will more likely
10    than not cause serious physical, emotional, or mental harm
11    to the minor under 18. The inquiry in this subsection must
12    be concluded within one business day of the request from
13    the news media.
14    (f) As used in this Section, "less restrictive means" are
15conditions on the minor's ability to communicate with the news
16media that mitigate the likelihood that physical, emotional,
17or mental harm will result, and include, but are not limited
18to:
19        (1) the news media outlet's willingness to take steps
20    to protect the minor's privacy, such as using a pseudonym
21    or limiting the use of the voice or image of a minor;
22        (2) the presence of the minor's guardian ad litem or
23    attorney or another adult of the minor's choosing, during
24    the communication with the news media; and
25        (3) providing the minor with age-appropriate media
26    literacy materials or other relevant educational material.

 

 

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1(Source: P.A. 102-615, eff. 8-27-21.)
 
2    (705 ILCS 405/2-11)  (from Ch. 37, par. 802-11)
3    Sec. 2-11. Medical and dental treatment and care. At all
4times during temporary custody or shelter care, the court may
5authorize a physician, a hospital or any other appropriate
6health care provider to provide medical, dental or surgical
7procedures if such procedures are necessary to safeguard the
8minor's life or health.
9    With respect to any minor for whom the Department of
10Children and Family Services Guardianship Administrator is
11appointed the temporary custodian, the Guardianship
12Administrator or the Guardianship Administrator's his designee
13shall be deemed the minor's legally authorized representative
14for purposes of consenting to an HIV test and obtaining and
15disclosing information concerning such test pursuant to the
16AIDS Confidentiality Act and for purposes of consenting to the
17release of information pursuant to the Illinois Sexually
18Transmissible Disease Control Act.
19    Any person who administers an HIV test upon the consent of
20the Department of Children and Family Services Guardianship
21Administrator or the Guardianship Administrator's his
22designee, or who discloses the results of such tests to the
23Department's Guardianship Administrator or the Guardianship
24Administrator's his designee, shall have immunity from any
25liability, civil, criminal or otherwise, that might result by

 

 

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1reason of such actions. For the purpose of any proceedings,
2civil or criminal, the good faith of any persons required to
3administer or disclose the results of tests, or permitted to
4take such actions, shall be presumed.
5(Source: P.A. 86-904.)
 
6    (705 ILCS 405/2-13)  (from Ch. 37, par. 802-13)
7    Sec. 2-13. Petition.
8    (1) Any adult person, any agency or association by its
9representative may file, or the court on its own motion,
10consistent with the health, safety and best interests of the
11minor may direct the filing through the State's Attorney of a
12petition in respect of a minor under this Act. The petition and
13all subsequent court documents shall be entitled "In the
14interest of ...., a minor".
15    (2) The petition shall be verified but the statements may
16be made upon information and belief. It shall allege that the
17minor is abused, neglected, or dependent, with citations to
18the appropriate provisions of this Act, and set forth (a)
19facts sufficient to bring the minor under Section 2-3 or 2-4
20and to inform respondents of the cause of action, including,
21but not limited to, a plain and concise statement of the
22factual allegations that form the basis for the filing of the
23petition; (b) the name, age and residence of the minor; (c) the
24names and residences of the minor's his parents; (d) the name
25and residence of the minor's his legal guardian or the person

 

 

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1or persons having custody or control of the minor, or of the
2nearest known relative if no parent or guardian can be found;
3and (e) if the minor upon whose behalf the petition is brought
4is sheltered in custody, the date on which such temporary
5custody was ordered by the court or the date set for a
6temporary custody hearing. If any of the facts herein required
7are not known by the petitioner, the petition shall so state.
8    (3) The petition must allege that it is in the best
9interests of the minor and of the public that the minor he be
10adjudged a ward of the court and may pray generally for relief
11available under this Act. The petition need not specify any
12proposed disposition following adjudication of wardship. The
13petition may request that the minor remain in the custody of
14the parent, guardian, or custodian under an Order of
15Protection.
16    (4) If termination of parental rights and appointment of a
17guardian of the person with power to consent to adoption of the
18minor under Section 2-29 is sought, the petition shall so
19state. If the petition includes this request, the prayer for
20relief shall clearly and obviously state that the parents
21could permanently lose their rights as a parent at this
22hearing.
23    In addition to the foregoing, the petitioner, by motion,
24may request the termination of parental rights and appointment
25of a guardian of the person with power to consent to adoption
26of the minor under Section 2-29 at any time after the entry of

 

 

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1a dispositional order under Section 2-22.
2    (4.5) (a) Unless good cause exists that filing a petition
3to terminate parental rights is contrary to the child's best
4interests, with respect to any minors committed to its care
5pursuant to this Act, the Department of Children and Family
6Services shall request the State's Attorney to file a petition
7or motion for termination of parental rights and appointment
8of guardian of the person with power to consent to adoption of
9the minor under Section 2-29 if:
10        (i) a minor has been in foster care, as described in
11    subsection (b), for 15 months of the most recent 22
12    months; or
13        (ii) a minor under the age of 2 years has been
14    previously determined to be abandoned at an adjudicatory
15    hearing; or
16        (iii) the parent is criminally convicted of:
17            (A) first degree murder or second degree murder of
18        any child;
19            (B) attempt or conspiracy to commit first degree
20        murder or second degree murder of any child;
21            (C) solicitation to commit murder of any child,
22        solicitation to commit murder for hire of any child,
23        or solicitation to commit second degree murder of any
24        child;
25            (D) aggravated battery, aggravated battery of a
26        child, or felony domestic battery, any of which has

 

 

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1        resulted in serious injury to the minor or a sibling of
2        the minor;
3            (E) predatory criminal sexual assault of a child;
4            (E-5) aggravated criminal sexual assault;
5            (E-10) criminal sexual abuse in violation of
6        subsection (a) of Section 11-1.50 of the Criminal Code
7        of 1961 or the Criminal Code of 2012;
8            (E-15) sexual exploitation of a child;
9            (E-20) permitting sexual abuse of a child;
10            (E-25) criminal sexual assault; or
11            (F) an offense in any other state the elements of
12        which are similar and bear a substantial relationship
13        to any of the foregoing offenses.
14    (a-1) For purposes of this subsection (4.5), good cause
15exists in the following circumstances:
16        (i) the child is being cared for by a relative,
17        (ii) the Department has documented in the case plan a
18    compelling reason for determining that filing such
19    petition would not be in the best interests of the child,
20        (iii) the court has found within the preceding 12
21    months that the Department has failed to make reasonable
22    efforts to reunify the child and family, or
23        (iv) the parent is incarcerated, or the parent's prior
24    incarceration is a significant factor in why the child has
25    been in foster care for 15 months out of any 22-month
26    period, the parent maintains a meaningful role in the

 

 

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1    child's life, and the Department has not documented
2    another reason why it would otherwise be appropriate to
3    file a petition to terminate parental rights pursuant to
4    this Section and the Adoption Act. The assessment of
5    whether an incarcerated parent maintains a meaningful role
6    in the child's life may include consideration of the
7    following:
8            (A) the child's best interest;
9            (B) the parent's expressions or acts of
10        manifesting concern for the child, such as letters,
11        telephone calls, visits, and other forms of
12        communication with the child and the impact of the
13        communication on the child;
14            (C) the parent's efforts to communicate with and
15        work with the Department for the purpose of complying
16        with the service plan and repairing, maintaining, or
17        building the parent-child relationship; or
18            (D) limitations in the parent's access to family
19        support programs, therapeutic services, visiting
20        opportunities, telephone and mail services, and
21        meaningful participation in court proceedings.
22    (b) For purposes of this subsection, the date of entering
23foster care is defined as the earlier of:
24        (1) The date of a judicial finding at an adjudicatory
25    hearing that the child is an abused, neglected, or
26    dependent minor; or

 

 

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1        (2) 60 days after the date on which the child is
2    removed from the child's his or her parent, guardian, or
3    legal custodian.
4    (c) (Blank).
5    (d) (Blank).
6    (5) The court shall liberally allow the petitioner to
7amend the petition to set forth a cause of action or to add,
8amend, or supplement factual allegations that form the basis
9for a cause of action up until 14 days before the adjudicatory
10hearing. The petitioner may amend the petition after that date
11and prior to the adjudicatory hearing if the court grants
12leave to amend upon a showing of good cause. The court may
13allow amendment of the petition to conform with the evidence
14at any time prior to ruling. In all cases in which the court
15has granted leave to amend based on new evidence or new
16allegations, the court shall permit the respondent an adequate
17opportunity to prepare a defense to the amended petition.
18    (6) At any time before dismissal of the petition or before
19final closing and discharge under Section 2-31, one or more
20motions in the best interests of the minor may be filed. The
21motion shall specify sufficient facts in support of the relief
22requested.
23(Source: P.A. 101-529, eff. 1-1-20.)
 
24    (705 ILCS 405/2-13.1)
25    Sec. 2-13.1. Early termination of reasonable efforts.

 

 

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1    (1) (a) In conjunction with, or at any time subsequent to,
2the filing of a petition on behalf of a minor in accordance
3with Section 2-13 of this Act, the State's Attorney, the
4guardian ad litem, or the Department of Children and Family
5Services may file a motion requesting a finding that
6reasonable efforts to reunify that minor with the minor's his
7or her parent or parents are no longer required and are to
8cease.
9    (b) The court shall grant this motion with respect to a
10parent of the minor if the court finds after a hearing that the
11parent has:
12        (i) had his or her parental rights to another child of
13    the parent involuntarily terminated; or
14        (ii) been convicted of:
15            (A) first degree or second degree murder of
16        another child of the parent;
17            (B) attempt or conspiracy to commit first degree
18        or second degree murder of another child of the
19        parent;
20            (C) solicitation to commit murder of another child
21        of the parent, solicitation to commit murder for hire
22        of another child of the parent, or solicitation to
23        commit second degree murder of another child of the
24        parent;
25            (D) aggravated battery, aggravated battery of a
26        child, or felony domestic battery, any of which has

 

 

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1        resulted in serious bodily injury to the minor or
2        another child of the parent; or
3            (E) an offense in any other state the elements of
4        which are similar and bear substantial relationship to
5        any of the foregoing offenses
6unless the court sets forth in writing a compelling reason why
7terminating reasonable efforts to reunify the minor with the
8parent would not be in the best interests of that minor.
9    (c) The court shall also grant this motion with respect to
10a parent of the minor if:
11        (i) after a hearing it determines that further
12    reunification services would no longer be appropriate, and
13        (ii) a dispositional hearing has already taken place.
14    (2) (a) The court shall hold a permanency hearing within
1530 days of granting a motion pursuant to this subsection. If an
16adjudicatory or a dispositional hearing, or both, has not
17taken place when the court grants a motion pursuant to this
18Section, then either or both hearings shall be held as needed
19so that both take place on or before the date a permanency
20hearing is held pursuant to this subsection.
21    (b) Following a permanency hearing held pursuant to
22paragraph (a) of this subsection, the appointed custodian or
23guardian of the minor shall make reasonable efforts to place
24the child in accordance with the permanency plan and goal set
25by the court, and to complete the necessary steps to locate and
26finalize a permanent placement.

 

 

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1(Source: P.A. 90-608, eff. 6-30-98.)
 
2    (705 ILCS 405/2-15)  (from Ch. 37, par. 802-15)
3    Sec. 2-15. Summons.
4    (1) When a petition is filed, the clerk of the court shall
5issue a summons with a copy of the petition attached. The
6summons shall be directed to the minor's legal guardian or
7custodian and to each person named as a respondent in the
8petition, except that summons need not be directed to a minor
9respondent under 8 years of age for whom the court appoints a
10guardian ad litem if the guardian ad litem appears on behalf of
11the minor in any proceeding under this Act.
12    (2) The summons must contain a statement that the minor or
13any of the respondents is entitled to have an attorney present
14at the hearing on the petition, and that the clerk of the court
15should be notified promptly if the minor or any other
16respondent desires to be represented by an attorney but is
17financially unable to employ counsel.
18    (3) The summons shall be issued under the seal of the
19court, attested in and signed with the name of the clerk of the
20court, dated on the day it is issued, and shall require each
21respondent to appear and answer the petition on the date set
22for the adjudicatory hearing. The summons shall contain a
23notice that the parties will not be entitled to further
24written notices or publication notices of proceedings in this
25case, including the filing of an amended petition or a motion

 

 

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1to terminate parental rights, except as required by Supreme
2Court Rule 11.
3    (4) The summons may be served by any county sheriff,
4coroner or probation officer, even though the officer is the
5petitioner. The return of the summons with endorsement of
6service by the officer is sufficient proof thereof.
7    (5) Service of a summons and petition shall be made by: (a)
8leaving a copy thereof with the person summoned at least 3 days
9before the time stated therein for appearance; (b) leaving a
10copy at the summoned person's his or her usual place of abode
11with some person of the family or a person residing there, of
12the age of 10 years or upwards, and informing that person of
13the contents thereof, provided the officer or other person
14making service shall also send a copy of the summons in a
15sealed envelope with postage fully prepaid, addressed to the
16person summoned at the person's his usual place of abode, at
17least 3 days before the time stated therein for appearance; or
18(c) leaving a copy thereof with the guardian or custodian of a
19minor, at least 3 days before the time stated therein for
20appearance. If the guardian or custodian is an agency of the
21State of Illinois, proper service may be made by leaving a copy
22of the summons and petition with any administrative employee
23of such agency designated by such agency to accept service of
24summons and petitions. The certificate of the officer or
25affidavit of the person that the officer or person he has sent
26the copy pursuant to this Section is sufficient proof of

 

 

SB3961- 358 -LRB102 22864 WGH 32015 b

1service.
2    (6) When a parent or other person, who has signed a written
3promise to appear and bring the minor to court or who has
4waived or acknowledged service, fails to appear with the minor
5on the date set by the court, a bench warrant may be issued for
6the parent or other person, the minor, or both.
7    (7) The appearance of the minor's legal guardian or
8custodian, or a person named as a respondent in a petition, in
9any proceeding under this Act shall constitute a waiver of
10service of summons and submission to the jurisdiction of the
11court, except that the filing of a motion authorized under
12Section 2-301 of the Code of Civil Procedure does not
13constitute an appearance under this subsection. A copy of the
14summons and petition shall be provided to the person at the
15time of the person's his appearance.
16    (8) Notice to a parent who has appeared or been served with
17summons personally or by certified mail, and for whom an order
18of default has been entered on the petition for wardship and
19has not been set aside shall be provided in accordance with
20Supreme Court Rule 11. Notice to a parent who was served by
21publication and for whom an order of default has been entered
22on the petition for wardship and has not been set aside shall
23be provided in accordance with this Section and Section 2-16.
24(Source: P.A. 101-146, eff. 1-1-20.)
 
25    (705 ILCS 405/2-16)  (from Ch. 37, par. 802-16)

 

 

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1    Sec. 2-16. Notice by certified mail or publication.
2    (1) If service on individuals as provided in Section 2-15
3is not made on any respondent within a reasonable time or if it
4appears that any respondent resides outside the State, service
5may be made by certified mail. In such case the clerk shall
6mail the summons and a copy of the petition to that respondent
7by certified mail marked for delivery to addressee only. The
8court shall not proceed with the adjudicatory hearing until 5
9days after such mailing. The regular return receipt for
10certified mail is sufficient proof of service.
11    (2) Where a respondent's usual place of abode is not
12known, a diligent inquiry shall be made to ascertain the
13respondent's current and last known address. The Department of
14Children and Family Services shall adopt rules defining the
15requirements for conducting a diligent search to locate
16parents of minors in the custody of the Department. If, after
17diligent inquiry made at any time within the preceding 12
18months, the usual place of abode cannot be reasonably
19ascertained, or if respondent is concealing the respondent's
20his or her whereabouts to avoid service of process,
21petitioner's attorney shall file an affidavit at the office of
22the clerk of court in which the action is pending showing that
23respondent on due inquiry cannot be found or is concealing the
24respondent's his or her whereabouts so that process cannot be
25served. The affidavit shall state the last known address of
26the respondent. The affidavit shall also state what efforts

 

 

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1were made to effectuate service. Within 3 days of receipt of
2the affidavit, the clerk shall issue publication service as
3provided below. The clerk shall also send a copy thereof by
4mail addressed to each respondent listed in the affidavit at
5the respondent's his or her last known address. The clerk of
6the court as soon as possible shall cause publication to be
7made once in a newspaper of general circulation in the county
8where the action is pending. Notice by publication is not
9required in any case when the person alleged to have legal
10custody of the minor has been served with summons personally
11or by certified mail, but the court may not enter any order or
12judgment against any person who cannot be served with process
13other than by publication unless notice by publication is
14given or unless that person appears. When a minor has been
15sheltered under Section 2-10 of this Act and summons has not
16been served personally or by certified mail within 20 days
17from the date of the order of court directing such shelter
18care, the clerk of the court shall cause publication. Notice
19by publication shall be substantially as follows:
20    "A, B, C, D, (here giving the names of the named
21respondents, if any) and to All Whom It May Concern (if there
22is any respondent under that designation):
23    Take notice that on (insert date) a petition was filed
24under the Juvenile Court Act of 1987 by .... in the circuit
25court of .... county entitled 'In the interest of ...., a
26minor', and that in .... courtroom at .... on (insert date) at

 

 

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1the hour of ...., or as soon thereafter as this cause may be
2heard, an adjudicatory hearing will be held upon the petition
3to have the child declared to be a ward of the court under that
4Act. THE COURT HAS AUTHORITY IN THIS PROCEEDING TO TAKE FROM
5YOU THE CUSTODY AND GUARDIANSHIP OF THE MINOR, TO TERMINATE
6YOUR PARENTAL RIGHTS, AND TO APPOINT A GUARDIAN WITH POWER TO
7CONSENT TO ADOPTION. YOU MAY LOSE ALL PARENTAL RIGHTS TO YOUR
8CHILD. IF THE PETITION REQUESTS THE TERMINATION OF YOUR
9PARENTAL RIGHTS AND THE APPOINTMENT OF A GUARDIAN WITH POWER
10TO CONSENT TO ADOPTION, YOU MAY LOSE ALL PARENTAL RIGHTS TO THE
11CHILD. Unless you appear you will not be entitled to further
12written notices or publication notices of the proceedings in
13this case, including the filing of an amended petition or a
14motion to terminate parental rights.
15    Now, unless you appear at the hearing and show cause
16against the petition, the allegations of the petition may
17stand admitted as against you and each of you, and an order or
18judgment entered.
19
......................
20
Clerk
         
21Dated (insert the date of publication)"
 
22    (3) The clerk shall also at the time of the publication of
23the notice send a copy thereof by mail to each of the
24respondents on account of whom publication is made at each of
25the respondents' his or her last known address. The

 

 

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1certificate of the clerk that the clerk he or she has mailed
2the notice is evidence thereof. No other publication notice is
3required. Every respondent notified by publication under this
4Section must appear and answer in open court at the hearing.
5The court may not proceed with the adjudicatory hearing until
610 days after service by publication on any parent, guardian
7or legal custodian in the case of a minor described in Section
82-3 or 2-4.
9    (4) If it becomes necessary to change the date set for the
10hearing in order to comply with Section 2-14 or with this
11Section, notice of the resetting of the date must be given, by
12certified mail or other reasonable means, to each respondent
13who has been served with summons personally or by certified
14mail.
15    (5) Notice to a parent who has appeared or been served with
16summons personally or by certified mail, and for whom an order
17of default has been entered on the petition for wardship and
18has not been set aside shall be provided in accordance with
19Supreme Court Rule 11. Notice to a parent who was served by
20publication and for whom an order of default has been entered
21on the petition for wardship and has not been set aside shall
22be provided in accordance with this Section and Section 2-15.
23(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608,
24eff. 6-30-98; 91-357, eff. 7-29-99.)
 
25    (705 ILCS 405/2-17)  (from Ch. 37, par. 802-17)

 

 

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1    Sec. 2-17. Guardian ad litem.
2    (1) Immediately upon the filing of a petition alleging
3that the minor is a person described in Sections 2-3 or 2-4 of
4this Article, the court shall appoint a guardian ad litem for
5the minor if:
6        (a) such petition alleges that the minor is an abused
7    or neglected child; or
8        (b) such petition alleges that charges alleging the
9    commission of any of the sex offenses defined in Article
10    11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11    11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
12    Criminal Code of 1961 or the Criminal Code of 2012, have
13    been filed against a defendant in any court and that such
14    minor is the alleged victim of the acts of defendant in the
15    commission of such offense.
16    Unless the guardian ad litem appointed pursuant to this
17paragraph (1) is an attorney at law, the guardian ad litem he
18or she shall be represented in the performance of the guardian
19ad litem's his or her duties by counsel. The guardian ad litem
20shall represent the best interests of the minor and shall
21present recommendations to the court consistent with that
22duty.
23    (2) Before proceeding with the hearing, the court shall
24appoint a guardian ad litem for the minor if:
25        (a) no parent, guardian, custodian or relative of the
26    minor appears at the first or any subsequent hearing of

 

 

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1    the case;
2        (b) the petition prays for the appointment of a
3    guardian with power to consent to adoption; or
4        (c) the petition for which the minor is before the
5    court resulted from a report made pursuant to the Abused
6    and Neglected Child Reporting Act.
7    (3) The court may appoint a guardian ad litem for the minor
8whenever it finds that there may be a conflict of interest
9between the minor and the minor's his parents or other
10custodian or that it is otherwise in the minor's best interest
11to do so.
12    (4) Unless the guardian ad litem is an attorney, the
13guardian ad litem he or she shall be represented by counsel.
14    (4.5) Pursuant to Section 6b-1 of the Children and Family
15Services Act, the Department of Children and Family Services
16must maintain the name, electronic mail address, and telephone
17number for each minor's court-appointed guardian ad litem and,
18if applicable, the guardian ad litem's supervisor. The
19Department of Children and Family Services must update this
20contact information within 5 days of receiving notice of a
21change. The Advocacy Office for Children and Families,
22established pursuant to Section 5e of the Children and Family
23Services Act, must make this contact information available to
24the minor, current foster parent or caregiver, or caseworker,
25if requested.
26    (5) The reasonable fees of a guardian ad litem appointed

 

 

SB3961- 365 -LRB102 22864 WGH 32015 b

1under this Section shall be fixed by the court and charged to
2the parents of the minor, to the extent they are able to pay.
3If the parents are unable to pay those fees, they shall be paid
4from the general fund of the county.
5    (6) A guardian ad litem appointed under this Section,
6shall receive copies of any and all classified reports of
7child abuse and neglect made under the Abused and Neglected
8Child Reporting Act in which the minor who is the subject of a
9report under the Abused and Neglected Child Reporting Act, is
10also the minor for whom the guardian ad litem is appointed
11under this Section.
12    (6.5) A guardian ad litem appointed under this Section or
13attorney appointed under this Act shall receive a copy of each
14significant event report that involves the minor no later than
153 days after the Department learns of an event requiring a
16significant event report to be written, or earlier as required
17by Department rule.
18    (7) The appointed guardian ad litem shall remain the
19minor's guardian ad litem throughout the entire juvenile trial
20court proceedings, including permanency hearings and
21termination of parental rights proceedings, unless there is a
22substitution entered by order of the court.
23    (8) The guardian ad litem or an agent of the guardian ad
24litem shall have a minimum of one in-person contact with the
25minor and one contact with one of the current foster parents or
26caregivers prior to the adjudicatory hearing, and at least one

 

 

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1additional in-person contact with the child and one contact
2with one of the current foster parents or caregivers after the
3adjudicatory hearing but prior to the first permanency hearing
4and one additional in-person contact with the child and one
5contact with one of the current foster parents or caregivers
6each subsequent year. For good cause shown, the judge may
7excuse face-to-face interviews required in this subsection.
8    (9) In counties with a population of 100,000 or more but
9less than 3,000,000, each guardian ad litem must successfully
10complete a training program approved by the Department of
11Children and Family Services. The Department of Children and
12Family Services shall provide training materials and documents
13to guardians ad litem who are not mandated to attend the
14training program. The Department of Children and Family
15Services shall develop and distribute to all guardians ad
16litem a bibliography containing information including but not
17limited to the juvenile court process, termination of parental
18rights, child development, medical aspects of child abuse, and
19the child's need for safety and permanence.
20(Source: P.A. 101-81, eff. 7-12-19; 102-208, eff. 7-30-21.)
 
21    (705 ILCS 405/2-17.1)
22    Sec. 2-17.1. Court appointed special advocate.
23    (1) The court shall appoint a special advocate upon the
24filing of a petition under this Article or at any time during
25the pendency of a proceeding under this Article if special

 

 

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1advocates are available. The court appointed special advocate
2may also serve as guardian ad litem by appointment of the court
3under Section 2-17 of this Act.
4    (1.2) In counties of populations over 3,000,000 the court
5may appoint a special advocate upon the filing of a petition
6under this Article or at any time during the pendency of a
7proceeding under this Article. No special advocate shall act
8as guardian ad litem in counties of populations over
93,000,000.
10    (1.5) "Court appointed special advocate" means a community
11volunteer who:
12        (a) is 21 or older;
13        (b) shall receive training with State and nationally
14    developed standards, has been screened and trained
15    regarding child abuse and neglect, child development, and
16    juvenile court proceedings according to the standards of
17    the National CASA Association;
18        (c) is being actively supervised by a court appointed
19    special advocate program in good standing with the
20    Illinois Association of Court Appointed Special Advocates;
21    and
22        (d) has been sworn in by a circuit court judge
23    assigned to juvenile cases in the circuit court in which
24    the court appointed special advocate he or she wishes to
25    serve.
26    Court appointed special advocate programs shall promote

 

 

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1policies, practices, and procedures that are culturally
2competent. As used in this Section, "cultural competency"
3means the capacity to function in more than one culture,
4requiring the ability to appreciate, understand, and interact
5with members of diverse populations within the local
6community.
7    (2) The court appointed special advocate shall:
8        (a) conduct an independent assessment to monitor the
9    facts and circumstances surrounding the case by monitoring
10    the court order;
11        (b) maintain regular and sufficient in-person contact
12    with the minor;
13        (c) submit written reports to the court regarding the
14    minor's best interests;
15        (d) advocate for timely court hearings to obtain
16    permanency for the minor;
17        (e) be notified of all administrative case reviews
18    pertaining to the minor and work with the parties'
19    attorneys, the guardian ad litem, and others assigned to
20    the minor's case to protect the minor's health, safety,
21    and best interests and insure the proper delivery of child
22    welfare services;
23        (f) attend all court hearings and other proceedings to
24    advocate for the minor's best interests;
25        (g) monitor compliance with the case plan and all
26    court orders; and

 

 

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1        (h) review all court documents that relate to the
2    minor child.
3    (2.1) The court may consider, at its discretion, testimony
4of the court appointed special advocate pertaining to the
5well-being of the minor.
6    (2.2) Upon presentation of an order of appointment, a
7court appointed special advocate shall have access to all
8records and information relevant to the minor's case with
9regard to the minor child.
10    (2.2-1) All records and information acquired, reviewed, or
11produced by a court appointed special advocate during the
12course of the court appointed special advocate's his or her
13appointment shall be deemed confidential and shall not be
14disclosed except as ordered by the court.
15    (3) Court appointed special advocates shall serve as
16volunteers without compensation and shall receive training
17consistent with nationally developed standards.
18    (4) No person convicted of a criminal offense as specified
19in Section 4.2 of the Child Care Act of 1969 and no person
20identified as a perpetrator of an act of child abuse or neglect
21as reflected in the Department of Children and Family Services
22State Central Register shall serve as a court appointed
23special advocate.
24    (5) All costs associated with the appointment and duties
25of the court appointed special advocate shall be paid by the
26court appointed special advocate or an organization of court

 

 

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1appointed special advocates. In no event shall the court
2appointed special advocate be liable for any costs of services
3provided to the child.
4    (6) The court may remove the court appointed special
5advocate or the guardian ad litem from a case upon finding that
6the court appointed special advocate or the guardian ad litem
7has acted in a manner contrary to the child's best interest or
8if the court otherwise deems continued service is unwanted or
9unnecessary.
10    (7) In any county in which a program of court appointed
11special advocates is in operation, the provisions of this
12Section shall apply.
13    (8) Any court appointed special advocate acting in good
14faith within the scope of the court appointed special
15advocate's his or her appointment shall have immunity from any
16civil or criminal liability that otherwise might result by
17reason of the court appointed special advocate's his or her
18actions, except in cases of willful and wanton misconduct. For
19the purpose of any civil or criminal proceedings, the good
20faith of any court appointed special advocate shall be
21presumed.
22(Source: P.A. 102-607, eff. 1-1-22.)
 
23    (705 ILCS 405/2-20)  (from Ch. 37, par. 802-20)
24    Sec. 2-20. Continuance under supervision.
25    (1) The court may enter an order of continuance under

 

 

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1supervision (a) upon an admission or stipulation by the
2appropriate respondent or minor respondent of the facts
3supporting the petition and before proceeding to findings and
4adjudication, or after hearing the evidence at the
5adjudicatory hearing but before noting in the minutes of
6proceeding a finding of whether or not the minor is abused,
7neglected or dependent; and (b) in the absence of objection
8made in open court by the minor, the minor's his parent,
9guardian, custodian, responsible relative, defense attorney or
10the State's Attorney.
11    (2) If the minor, the minor's his parent, guardian,
12custodian, responsible relative, defense attorney or the
13State's Attorney, objects in open court to any such
14continuance and insists upon proceeding to findings and
15adjudication, the court shall so proceed.
16    (3) Nothing in this Section limits the power of the court
17to order a continuance of the hearing for the production of
18additional evidence or for any other proper reason.
19    (4) When a hearing where a minor is alleged to be abused,
20neglected or dependent is continued pursuant to this Section,
21the court may permit the minor to remain in the minor's his
22home if the court determines and makes written factual
23findings that the minor can be cared for at home when
24consistent with the minor's health, safety, and best
25interests, subject to such conditions concerning the minor's
26his conduct and supervision as the court may require by order.

 

 

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1    (5) If a petition is filed charging a violation of a
2condition of the continuance under supervision, the court
3shall conduct a hearing. If the court finds that such
4condition of supervision has not been fulfilled the court may
5proceed to findings and adjudication and disposition. The
6filing of a petition for violation of a condition of the
7continuance under supervision shall toll the period of
8continuance under supervision until the final determination of
9the charge, and the term of the continuance under supervision
10shall not run until the hearing and disposition of the
11petition for violation; provided where the petition alleges
12conduct that does not constitute a criminal offense, the
13hearing must be held within 15 days of the filing of the
14petition unless a delay in such hearing has been occasioned by
15the minor, in which case the delay shall continue the tolling
16of the period of continuance under supervision for the period
17of such delay.
18(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
 
19    (705 ILCS 405/2-22)  (from Ch. 37, par. 802-22)
20    Sec. 2-22. Dispositional hearing; evidence; continuance.
21    (1) At the dispositional hearing, the court shall
22determine whether it is in the best interests of the minor and
23the public that the minor he be made a ward of the court, and,
24if the minor he is to be made a ward of the court, the court
25shall determine the proper disposition best serving the

 

 

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1health, safety and interests of the minor and the public. The
2court also shall consider the permanency goal set for the
3minor, the nature of the service plan for the minor and the
4services delivered and to be delivered under the plan. All
5evidence helpful in determining these questions, including
6oral and written reports, may be admitted and may be relied
7upon to the extent of its probative value, even though not
8competent for the purposes of the adjudicatory hearing.
9    (2) Once all parties respondent have been served in
10compliance with Sections 2-15 and 2-16, no further service or
11notice must be given to a party prior to proceeding to a
12dispositional hearing. Before making an order of disposition
13the court shall advise the State's Attorney, the parents,
14guardian, custodian or responsible relative or their counsel
15of the factual contents and the conclusions of the reports
16prepared for the use of the court and considered by it, and
17afford fair opportunity, if requested, to controvert them. The
18court may order, however, that the documents containing such
19reports need not be submitted to inspection, or that sources
20of confidential information need not be disclosed except to
21the attorneys for the parties. Factual contents, conclusions,
22documents and sources disclosed by the court under this
23paragraph shall not be further disclosed without the express
24approval of the court pursuant to an in camera hearing.
25    (3) A record of a prior continuance under supervision
26under Section 2-20, whether successfully completed with regard

 

 

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1to the child's health, safety and best interest, or not, is
2admissible at the dispositional hearing.
3    (4) On its own motion or that of the State's Attorney, a
4parent, guardian, custodian, responsible relative or counsel,
5the court may adjourn the hearing for a reasonable period to
6receive reports or other evidence, if the adjournment is
7consistent with the health, safety and best interests of the
8minor, but in no event shall continuances be granted so that
9the dispositional hearing occurs more than 6 months after the
10initial removal of a minor from the minor's his or her home. In
11scheduling investigations and hearings, the court shall give
12priority to proceedings in which a minor has been removed from
13the minor's his or her home before an order of disposition has
14been made.
15    (5) Unless already set by the court, at the conclusion of
16the dispositional hearing, the court shall set the date for
17the first permanency hearing, to be conducted under subsection
18(2) of Section 2-28, which shall be held: (a) within 12 months
19from the date temporary custody was taken, (b) if the parental
20rights of both parents have been terminated in accordance with
21the procedure described in subsection (5) of Section 2-21,
22within 30 days of the termination of parental rights and
23appointment of a guardian with power to consent to adoption,
24or (c) in accordance with subsection (2) of Section 2-13.1.
25    (6) When the court declares a child to be a ward of the
26court and awards guardianship to the Department of Children

 

 

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1and Family Services, (a) the court shall admonish the parents,
2guardian, custodian or responsible relative that the parents
3must cooperate with the Department of Children and Family
4Services, comply with the terms of the service plans, and
5correct the conditions which require the child to be in care,
6or risk termination of their parental rights; and (b) the
7court shall inquire of the parties of any intent to proceed
8with termination of parental rights of a parent:
9        (A) whose identity still remains unknown;
10        (B) whose whereabouts remain unknown; or
11        (C) who was found in default at the adjudicatory
12    hearing and has not obtained an order setting aside the
13    default in accordance with Section 2-1301 of the Code of
14    Civil Procedure.
15(Source: P.A. 92-822, eff. 8-21-02.)
 
16    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
17    Sec. 2-23. Kinds of dispositional orders.
18    (1) The following kinds of orders of disposition may be
19made in respect of wards of the court:
20        (a) A minor found to be neglected or abused under
21    Section 2-3 or dependent under Section 2-4 may be (1)
22    continued in the custody of the minor's his or her
23    parents, guardian or legal custodian; (2) placed in
24    accordance with Section 2-27; (3) restored to the custody
25    of the parent, parents, guardian, or legal custodian,

 

 

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1    provided the court shall order the parent, parents,
2    guardian, or legal custodian to cooperate with the
3    Department of Children and Family Services and comply with
4    the terms of an after-care plan or risk the loss of custody
5    of the child and the possible termination of their
6    parental rights; or (4) ordered partially or completely
7    emancipated in accordance with the provisions of the
8    Emancipation of Minors Act.
9        If the minor is being restored to the custody of a
10    parent, legal custodian, or guardian who lives outside of
11    Illinois, and an Interstate Compact has been requested and
12    refused, the court may order the Department of Children
13    and Family Services to arrange for an assessment of the
14    minor's proposed living arrangement and for ongoing
15    monitoring of the health, safety, and best interest of the
16    minor and compliance with any order of protective
17    supervision entered in accordance with Section 2-24.
18        However, in any case in which a minor is found by the
19    court to be neglected or abused under Section 2-3 of this
20    Act, custody of the minor shall not be restored to any
21    parent, guardian or legal custodian whose acts or
22    omissions or both have been identified, pursuant to
23    subsection (1) of Section 2-21, as forming the basis for
24    the court's finding of abuse or neglect, until such time
25    as a hearing is held on the issue of the best interests of
26    the minor and the fitness of such parent, guardian or

 

 

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1    legal custodian to care for the minor without endangering
2    the minor's health or safety, and the court enters an
3    order that such parent, guardian or legal custodian is fit
4    to care for the minor.
5        (b) A minor found to be dependent under Section 2-4
6    may be (1) placed in accordance with Section 2-27 or (2)
7    ordered partially or completely emancipated in accordance
8    with the provisions of the Emancipation of Minors Act.
9        However, in any case in which a minor is found by the
10    court to be dependent under Section 2-4 of this Act,
11    custody of the minor shall not be restored to any parent,
12    guardian or legal custodian whose acts or omissions or
13    both have been identified, pursuant to subsection (1) of
14    Section 2-21, as forming the basis for the court's finding
15    of dependency, until such time as a hearing is held on the
16    issue of the fitness of such parent, guardian or legal
17    custodian to care for the minor without endangering the
18    minor's health or safety, and the court enters an order
19    that such parent, guardian or legal custodian is fit to
20    care for the minor.
21        (b-1) A minor between the ages of 18 and 21 may be
22    placed pursuant to Section 2-27 of this Act if (1) the
23    court has granted a supplemental petition to reinstate
24    wardship of the minor pursuant to subsection (2) of
25    Section 2-33, (2) the court has adjudicated the minor a
26    ward of the court, permitted the minor to return home

 

 

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1    under an order of protection, and subsequently made a
2    finding that it is in the minor's best interest to vacate
3    the order of protection and commit the minor to the
4    Department of Children and Family Services for care and
5    service, or (3) the court returned the minor to the
6    custody of the respondent under Section 2-4b of this Act
7    without terminating the proceedings under Section 2-31 of
8    this Act, and subsequently made a finding that it is in the
9    minor's best interest to commit the minor to the
10    Department of Children and Family Services for care and
11    services.
12        (c) When the court awards guardianship to the
13    Department of Children and Family Services, the court
14    shall order the parents to cooperate with the Department
15    of Children and Family Services, comply with the terms of
16    the service plans, and correct the conditions that require
17    the child to be in care, or risk termination of their
18    parental rights.
19    (2) Any order of disposition may provide for protective
20supervision under Section 2-24 and may include an order of
21protection under Section 2-25.
22    Unless the order of disposition expressly so provides, it
23does not operate to close proceedings on the pending petition,
24but is subject to modification, not inconsistent with Section
252-28, until final closing and discharge of the proceedings
26under Section 2-31.

 

 

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1    (3) The court also shall enter any other orders necessary
2to fulfill the service plan, including, but not limited to,
3(i) orders requiring parties to cooperate with services, (ii)
4restraining orders controlling the conduct of any party likely
5to frustrate the achievement of the goal, and (iii) visiting
6orders. When the child is placed separately from a sibling,
7the court shall review the Sibling Contact Support Plan
8developed under subsection (f) of Section 7.4 of the Children
9and Family Services Act, if applicable. If the Department has
10not convened a meeting to develop a Sibling Contact Support
11Plan, or if the court finds that the existing Plan is not in
12the child's best interest, the court may enter an order
13requiring the Department to develop and implement a Sibling
14Contact Support Plan under subsection (f) of Section 7.4 of
15the Children and Family Services Act or order mediation.
16Unless otherwise specifically authorized by law, the court is
17not empowered under this subsection (3) to order specific
18placements, specific services, or specific service providers
19to be included in the plan. If, after receiving evidence, the
20court determines that the services contained in the plan are
21not reasonably calculated to facilitate achievement of the
22permanency goal, the court shall put in writing the factual
23basis supporting the determination and enter specific findings
24based on the evidence. The court also shall enter an order for
25the Department to develop and implement a new service plan or
26to implement changes to the current service plan consistent

 

 

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1with the court's findings. The new service plan shall be filed
2with the court and served on all parties within 45 days after
3the date of the order. The court shall continue the matter
4until the new service plan is filed. Except as authorized by
5subsection (3.5) of this Section or authorized by law, the
6court is not empowered under this Section to order specific
7placements, specific services, or specific service providers
8to be included in the service plan.
9    (3.5) If, after reviewing the evidence, including evidence
10from the Department, the court determines that the minor's
11current or planned placement is not necessary or appropriate
12to facilitate achievement of the permanency goal, the court
13shall put in writing the factual basis supporting its
14determination and enter specific findings based on the
15evidence. If the court finds that the minor's current or
16planned placement is not necessary or appropriate, the court
17may enter an order directing the Department to implement a
18recommendation by the minor's treating clinician or a
19clinician contracted by the Department to evaluate the minor
20or a recommendation made by the Department. If the Department
21places a minor in a placement under an order entered under this
22subsection (3.5), the Department has the authority to remove
23the minor from that placement when a change in circumstances
24necessitates the removal to protect the minor's health,
25safety, and best interest. If the Department determines
26removal is necessary, the Department shall notify the parties

 

 

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1of the planned placement change in writing no later than 10
2days prior to the implementation of its determination unless
3remaining in the placement poses an imminent risk of harm to
4the minor, in which case the Department shall notify the
5parties of the placement change in writing immediately
6following the implementation of its decision. The Department
7shall notify others of the decision to change the minor's
8placement as required by Department rule.
9    (4) In addition to any other order of disposition, the
10court may order any minor adjudicated neglected with respect
11to the minor's his or her own injurious behavior to make
12restitution, in monetary or non-monetary form, under the terms
13and conditions of Section 5-5-6 of the Unified Code of
14Corrections, except that the "presentence hearing" referred to
15therein shall be the dispositional hearing for purposes of
16this Section. The parent, guardian or legal custodian of the
17minor may pay some or all of such restitution on the minor's
18behalf.
19    (5) Any order for disposition where the minor is committed
20or placed in accordance with Section 2-27 shall provide for
21the parents or guardian of the estate of such minor to pay to
22the legal custodian or guardian of the person of the minor such
23sums as are determined by the custodian or guardian of the
24person of the minor as necessary for the minor's needs. Such
25payments may not exceed the maximum amounts provided for by
26Section 9.1 of the Children and Family Services Act.

 

 

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1    (6) Whenever the order of disposition requires the minor
2to attend school or participate in a program of training, the
3truant officer or designated school official shall regularly
4report to the court if the minor is a chronic or habitual
5truant under Section 26-2a of the School Code.
6    (7) The court may terminate the parental rights of a
7parent at the initial dispositional hearing if all of the
8conditions in subsection (5) of Section 2-21 are met.
9(Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.)
 
10    (705 ILCS 405/2-24)  (from Ch. 37, par. 802-24)
11    Sec. 2-24. Protective supervision.
12    (1) If the order of disposition, following a determination
13of the best interests of the minor, releases the minor to the
14custody of the minor's his parents, guardian or legal
15custodian, or continues the minor him in such custody, the
16court may, if the health, safety and best interests of the
17minor require, place the person having custody of the minor,
18except for representatives of private or public agencies or
19governmental departments, under supervision of the probation
20office.
21    (2) An order of protective supervision may require the
22parent to present the child for periodic medical examinations,
23which shall include an opportunity for medical personnel to
24speak with and examine the child outside the presence of the
25parent. The results of the medical examinations conducted in

 

 

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1accordance with this Section shall be made available to the
2Department, the guardian ad litem, and the court.
3    (3) Rules or orders of court shall define the terms and
4conditions of protective supervision, which may be modified or
5terminated when the court finds that the health, safety and
6best interests of the minor and the public will be served
7thereby.
8(Source: P.A. 90-28, eff. 1-1-98.)
 
9    (705 ILCS 405/2-25)  (from Ch. 37, par. 802-25)
10    Sec. 2-25. Order of protection.
11    (1) The court may make an order of protection in
12assistance of or as a condition of any other order authorized
13by this Act. The order of protection shall be based on the
14health, safety and best interests of the minor and may set
15forth reasonable conditions of behavior to be observed for a
16specified period. Such an order may require a person:
17        (a) to stay away from the home or the minor;
18        (b) to permit a parent to visit the minor at stated
19    periods;
20        (c) to abstain from offensive conduct against the
21    minor, the minor's his parent or any person to whom
22    custody of the minor is awarded;
23        (d) to give proper attention to the care of the home;
24        (e) to cooperate in good faith with an agency to which
25    custody of a minor is entrusted by the court or with an

 

 

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1    agency or association to which the minor is referred by
2    the court;
3        (f) to prohibit and prevent any contact whatsoever
4    with the respondent minor by a specified individual or
5    individuals who are alleged in either a criminal or
6    juvenile proceeding to have caused injury to a respondent
7    minor or a sibling of a respondent minor;
8        (g) to refrain from acts of commission or omission
9    that tend to make the home not a proper place for the
10    minor;
11        (h) to refrain from contacting the minor and the
12    foster parents in any manner that is not specified in
13    writing in the case plan.
14    (2) The court shall enter an order of protection to
15prohibit and prevent any contact between a respondent minor or
16a sibling of a respondent minor and any person named in a
17petition seeking an order of protection who has been convicted
18of heinous battery or aggravated battery under subdivision
19(a)(2) of Section 12-3.05, aggravated battery of a child or
20aggravated battery under subdivision (b)(1) of Section
2112-3.05, criminal sexual assault, aggravated criminal sexual
22assault, predatory criminal sexual assault of a child,
23criminal sexual abuse, or aggravated criminal sexual abuse as
24described in the Criminal Code of 1961 or the Criminal Code of
252012, or has been convicted of an offense that resulted in the
26death of a child, or has violated a previous order of

 

 

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1protection under this Section.
2    (3) When the court issues an order of protection against
3any person as provided by this Section, the court shall direct
4a copy of such order to the Sheriff of that county. The Sheriff
5shall furnish a copy of the order of protection to the Illinois
6State Police within 24 hours of receipt, in the form and manner
7required by the Department. The Illinois State Police shall
8maintain a complete record and index of such orders of
9protection and make this data available to all local law
10enforcement agencies.
11    (4) After notice and opportunity for hearing afforded to a
12person subject to an order of protection, the order may be
13modified or extended for a further specified period or both or
14may be terminated if the court finds that the health, safety,
15and best interests of the minor and the public will be served
16thereby.
17    (5) An order of protection may be sought at any time during
18the course of any proceeding conducted pursuant to this Act if
19such an order is consistent with the health, safety, and best
20interests of the minor. Any person against whom an order of
21protection is sought may retain counsel to represent the
22person him at a hearing, and has rights to be present at the
23hearing, to be informed prior to the hearing in writing of the
24contents of the petition seeking a protective order and of the
25date, place and time of such hearing, and to cross examine
26witnesses called by the petitioner and to present witnesses

 

 

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1and argument in opposition to the relief sought in the
2petition.
3    (6) Diligent efforts shall be made by the petitioner to
4serve any person or persons against whom any order of
5protection is sought with written notice of the contents of
6the petition seeking a protective order and of the date, place
7and time at which the hearing on the petition is to be held.
8When a protective order is being sought in conjunction with a
9temporary custody hearing, if the court finds that the person
10against whom the protective order is being sought has been
11notified of the hearing or that diligent efforts have been
12made to notify such person, the court may conduct a hearing. If
13a protective order is sought at any time other than in
14conjunction with a temporary custody hearing, the court may
15not conduct a hearing on the petition in the absence of the
16person against whom the order is sought unless the petitioner
17has notified such person by personal service at least 3 days
18before the hearing or has sent written notice by first class
19mail to such person's last known address at least 5 days before
20the hearing.
21    (7) A person against whom an order of protection is being
22sought who is neither a parent, guardian, legal custodian or
23responsible relative as described in Section 1-5 is not a
24party or respondent as defined in that Section and shall not be
25entitled to the rights provided therein. Such person does not
26have a right to appointed counsel or to be present at any

 

 

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1hearing other than the hearing in which the order of
2protection is being sought or a hearing directly pertaining to
3that order. Unless the court orders otherwise, such person
4does not have a right to inspect the court file.
5    (8) All protective orders entered under this Section shall
6be in writing. Unless the person against whom the order was
7obtained was present in court when the order was issued, the
8sheriff, other law enforcement official or special process
9server shall promptly serve that order upon that person and
10file proof of such service, in the manner provided for service
11of process in civil proceedings. The person against whom the
12protective order was obtained may seek a modification of the
13order by filing a written motion to modify the order within 7
14days after actual receipt by the person of a copy of the order.
15Any modification of the order granted by the court must be
16determined to be consistent with the best interests of the
17minor.
18    (9) If a petition is filed charging a violation of a
19condition contained in the protective order and if the court
20determines that this violation is of a critical service
21necessary to the safety and welfare of the minor, the court may
22proceed to findings and an order for temporary custody.
23(Source: P.A. 102-538, eff. 8-20-21.)
 
24    (705 ILCS 405/2-26)  (from Ch. 37, par. 802-26)
25    Sec. 2-26. Enforcement of orders of protective supervision

 

 

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1or of protection.
2    (1) Orders of protective supervision and orders of
3protection may be enforced by citation to show cause for
4contempt of court by reason of any violation thereof and,
5where protection of the welfare of the minor so requires, by
6the issuance of a warrant to take the alleged violator into
7custody and bring the minor him before the court.
8    (2) In any case where an order of protection has been
9entered, the clerk of the court may issue to the petitioner, to
10the minor or to any other person affected by the order a
11certificate stating that an order of protection has been made
12by the court concerning such persons and setting forth its
13terms and requirements. The presentation of the certificate to
14any peace officer authorizes the peace officer him to take
15into custody a person charged with violating the terms of the
16order of protection, to bring such person before the court
17and, within the limits of the peace officer's his legal
18authority as such peace officer, otherwise to aid in securing
19the protection the order is intended to afford.
20(Source: P.A. 85-601.)
 
21    (705 ILCS 405/2-27)  (from Ch. 37, par. 802-27)
22    Sec. 2-27. Placement; legal custody or guardianship.
23    (1) If the court determines and puts in writing the
24factual basis supporting the determination of whether the
25parents, guardian, or legal custodian of a minor adjudged a

 

 

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1ward of the court are unfit or are unable, for some reason
2other than financial circumstances alone, to care for,
3protect, train or discipline the minor or are unwilling to do
4so, and that the health, safety, and best interest of the minor
5will be jeopardized if the minor remains in the custody of the
6minor's his or her parents, guardian or custodian, the court
7may at this hearing and at any later point:
8        (a) place the minor in the custody of a suitable
9    relative or other person as legal custodian or guardian;
10        (a-5) with the approval of the Department of Children
11    and Family Services, place the minor in the subsidized
12    guardianship of a suitable relative or other person as
13    legal guardian; "subsidized guardianship" means a private
14    guardianship arrangement for children for whom the
15    permanency goals of return home and adoption have been
16    ruled out and who meet the qualifications for subsidized
17    guardianship as defined by the Department of Children and
18    Family Services in administrative rules;
19        (b) place the minor under the guardianship of a
20    probation officer;
21        (c) commit the minor to an agency for care or
22    placement, except an institution under the authority of
23    the Department of Corrections or of the Department of
24    Children and Family Services;
25        (d) on and after the effective date of this amendatory
26    Act of the 98th General Assembly and before January 1,

 

 

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1    2017, commit the minor to the Department of Children and
2    Family Services for care and service; however, a minor
3    charged with a criminal offense under the Criminal Code of
4    1961 or the Criminal Code of 2012 or adjudicated
5    delinquent shall not be placed in the custody of or
6    committed to the Department of Children and Family
7    Services by any court, except (i) a minor less than 16
8    years of age and committed to the Department of Children
9    and Family Services under Section 5-710 of this Act, (ii)
10    a minor under the age of 18 for whom an independent basis
11    of abuse, neglect, or dependency exists, or (iii) a minor
12    for whom the court has granted a supplemental petition to
13    reinstate wardship pursuant to subsection (2) of Section
14    2-33 of this Act. On and after January 1, 2017, commit the
15    minor to the Department of Children and Family Services
16    for care and service; however, a minor charged with a
17    criminal offense under the Criminal Code of 1961 or the
18    Criminal Code of 2012 or adjudicated delinquent shall not
19    be placed in the custody of or committed to the Department
20    of Children and Family Services by any court, except (i) a
21    minor less than 15 years of age and committed to the
22    Department of Children and Family Services under Section
23    5-710 of this Act, (ii) a minor under the age of 18 for
24    whom an independent basis of abuse, neglect, or dependency
25    exists, or (iii) a minor for whom the court has granted a
26    supplemental petition to reinstate wardship pursuant to

 

 

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1    subsection (2) of Section 2-33 of this Act. An independent
2    basis exists when the allegations or adjudication of
3    abuse, neglect, or dependency do not arise from the same
4    facts, incident, or circumstances which give rise to a
5    charge or adjudication of delinquency. The Department
6    shall be given due notice of the pendency of the action and
7    the Guardianship Administrator of the Department of
8    Children and Family Services shall be appointed guardian
9    of the person of the minor. Whenever the Department seeks
10    to discharge a minor from its care and service, the
11    Guardianship Administrator shall petition the court for an
12    order terminating guardianship. The Guardianship
13    Administrator may designate one or more other officers of
14    the Department, appointed as Department officers by
15    administrative order of the Department Director,
16    authorized to affix the signature of the Guardianship
17    Administrator to documents affecting the guardian-ward
18    relationship of children for whom the Guardianship
19    Administrator he or she has been appointed guardian at
20    such times as the Guardianship Administrator he or she is
21    unable to perform the duties of the Guardianship
22    Administrator his or her office. The signature
23    authorization shall include but not be limited to matters
24    of consent of marriage, enlistment in the armed forces,
25    legal proceedings, adoption, major medical and surgical
26    treatment and application for driver's license. Signature

 

 

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1    authorizations made pursuant to the provisions of this
2    paragraph shall be filed with the Secretary of State and
3    the Secretary of State shall provide upon payment of the
4    customary fee, certified copies of the authorization to
5    any court or individual who requests a copy.
6    (1.5) In making a determination under this Section, the
7court shall also consider whether, based on health, safety,
8and the best interests of the minor,
9        (a) appropriate services aimed at family preservation
10    and family reunification have been unsuccessful in
11    rectifying the conditions that have led to a finding of
12    unfitness or inability to care for, protect, train, or
13    discipline the minor, or
14        (b) no family preservation or family reunification
15    services would be appropriate,
16and if the petition or amended petition contained an
17allegation that the parent is an unfit person as defined in
18subdivision (D) of Section 1 of the Adoption Act, and the order
19of adjudication recites that parental unfitness was
20established by clear and convincing evidence, the court shall,
21when appropriate and in the best interest of the minor, enter
22an order terminating parental rights and appointing a guardian
23with power to consent to adoption in accordance with Section
242-29.
25    When making a placement, the court, wherever possible,
26shall require the Department of Children and Family Services

 

 

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1to select a person holding the same religious belief as that of
2the minor or a private agency controlled by persons of like
3religious faith of the minor and shall require the Department
4to otherwise comply with Section 7 of the Children and Family
5Services Act in placing the child. In addition, whenever
6alternative plans for placement are available, the court shall
7ascertain and consider, to the extent appropriate in the
8particular case, the views and preferences of the minor.
9    (2) When a minor is placed with a suitable relative or
10other person pursuant to item (a) of subsection (1), the court
11shall appoint the suitable relative or other person him or her
12the legal custodian or guardian of the person of the minor.
13When a minor is committed to any agency, the court shall
14appoint the proper officer or representative thereof as legal
15custodian or guardian of the person of the minor. Legal
16custodians and guardians of the person of the minor have the
17respective rights and duties set forth in subsection (9) of
18Section 1-3 except as otherwise provided by order of court;
19but no guardian of the person may consent to adoption of the
20minor unless that authority is conferred upon the guardian him
21or her in accordance with Section 2-29. An agency whose
22representative is appointed guardian of the person or legal
23custodian of the minor may place the minor in any child care
24facility, but the facility must be licensed under the Child
25Care Act of 1969 or have been approved by the Department of
26Children and Family Services as meeting the standards

 

 

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1established for such licensing. No agency may place a minor
2adjudicated under Sections 2-3 or 2-4 in a child care facility
3unless the placement is in compliance with the rules and
4regulations for placement under this Section promulgated by
5the Department of Children and Family Services under Section 5
6of the Children and Family Services Act. Like authority and
7restrictions shall be conferred by the court upon any
8probation officer who has been appointed guardian of the
9person of a minor.
10    (3) No placement by any probation officer or agency whose
11representative is appointed guardian of the person or legal
12custodian of a minor may be made in any out of State child care
13facility unless it complies with the Interstate Compact on the
14Placement of Children. Placement with a parent, however, is
15not subject to that Interstate Compact.
16    (4) The clerk of the court shall issue to the legal
17custodian or guardian of the person a certified copy of the
18order of court, as proof of the legal custodian's or
19guardian's his authority. No other process is necessary as
20authority for the keeping of the minor.
21    (5) Custody or guardianship granted under this Section
22continues until the court otherwise directs, but not after the
23minor reaches the age of 19 years except as set forth in
24Section 2-31, or if the minor was previously committed to the
25Department of Children and Family Services for care and
26service and the court has granted a supplemental petition to

 

 

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1reinstate wardship pursuant to subsection (2) of Section 2-33.
2    (6) (Blank).
3(Source: P.A. 101-79, eff. 7-12-19.)
 
4    (705 ILCS 405/2-27.1)
5    Sec. 2-27.1. Placement; secure child care facility.
6    (1) A minor under 18 years of age and who is subject under
7Article II of this Act to a secure child care facility may be
8admitted to a secure child care facility for inpatient
9treatment upon application to the facility director if, prior
10to admission, the facility director and the Director of the
11Department of Children and Family Services or the Director's
12designate find that: the minor has a mental illness or
13emotional disturbance, including but not limited to a behavior
14disorder, of such severity that placement in a secure child
15care facility is necessary because in the absence of such a
16placement, the minor is likely to endanger self or others or
17not meet the minor's his or her basic needs and this placement
18is the least restrictive alternative. Prior to admission, a
19psychiatrist, clinical social worker, or clinical psychologist
20who has personally examined the minor shall state in writing
21that the minor meets the standards for admission. The
22statement must set forth in detail the reasons for that
23conclusion and shall indicate what alternatives to secure
24treatment have been explored. When the minor is placed in a
25child care facility which includes a secure child care

 

 

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1facility in addition to a less restrictive setting, and the
2application for admission states that the minor will be
3permanently placed in the less restrictive setting of the
4child care facility as part of the minor's his or her
5permanency plan after the need for secure treatment has ended,
6the psychiatrist, clinical social worker, or clinical
7psychologist shall state the reasons for the minor's need to
8be placed in secure treatment, the conditions under which the
9minor may be placed in the less restrictive setting of the
10facility, and the conditions under which the minor may need to
11be returned to secure treatment.
12    (2) The application for admission under this Section shall
13contain, in large bold-face type, a statement written in
14simple non-technical terms of the minor's right to object and
15the right to a hearing. A minor 12 years of age or older must
16be given a copy of the application and the statement should be
17explained to the minor him or her in an understandable manner.
18A copy of the application shall also be given to the person who
19executed it, the designate of the Director of the Department
20of Children and Family Services, the minor's parent, the
21minor's attorney, and, if the minor is 12 years of age or
22older, 2 other persons whom the minor may designate, excluding
23persons whose whereabouts cannot reasonably be ascertained.
24    (3) Thirty days after admission, the facility director
25shall review the minor's record and assess the need for
26continuing placement in a secure child care facility. When the

 

 

SB3961- 397 -LRB102 22864 WGH 32015 b

1minor has been placed in a child care facility which includes a
2secure child care facility in addition to a less restrictive
3setting, and the application for admission states that the
4minor will be permanently placed in the less restrictive
5setting of the child care facility as part of the minor's his
6or her permanency plan after the need for secure treatment has
7ended, the facility director shall review the stated reasons
8for the minor's need to be placed in secure treatment, the
9conditions under which the minor may be placed in the less
10restrictive setting of the facility, and the conditions under
11which the minor may need to be returned to secure treatment.
12The director of the facility shall consult with the designate
13of the Director of the Department of Children and Family
14Services and request authorization for continuing placement of
15the minor. Request and authorization should be noted in the
16minor's record. Every 60 days thereafter a review shall be
17conducted and new authorization shall be secured from the
18designate for as long as placement continues. Failure or
19refusal to authorize continued placement shall constitute a
20request for the minor's discharge.
21    (4) At any time during a minor's placement in a secure
22child care facility, an objection may be made to that
23placement by the minor, the minor's parents (except where
24parental rights have been terminated), the minor's guardian ad
25litem, or the minor's attorney. When an objection is made, the
26minor shall be discharged at the earliest appropriate time not

 

 

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1to exceed 15 days, including Saturdays, Sundays, and holidays
2unless the objection is withdrawn in writing or unless, within
3that time, the Director or the Director's his or her designate
4files with the Court a petition for review of the admission.
5The petition must be accompanied by a certificate signed by a
6psychiatrist, clinical social worker, or clinical
7psychologist. The certificate shall be based upon a personal
8examination and shall specify that the minor has a mental
9illness or an emotional disturbance of such severity that
10placement in a secure facility is necessary, that the minor
11can benefit from the placement, that a less restrictive
12alternative is not appropriate, and that the placement is in
13the minor's best interest.
14    (5) Upon receipt of a petition, the court shall set a
15hearing to be held within 5 days, excluding Saturdays,
16Sundays, and holidays. The court shall direct that notice of
17the time and place of the hearing shall be served upon the
18minor, the minor's his or her attorney and the minor's
19guardian ad litem, the Director of the Department of Children
20and Family Services or the Director's his or her designate,
21the State's Attorney, and the attorney for the parents.
22    (6) The court shall order the minor discharged from the
23secure child care facility if it determines that the minor
24does not have a mental illness or emotional disturbance of
25such severity that placement in a secure facility is
26necessary, or if it determines that a less restrictive

 

 

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1alternative is appropriate.
2    (7) If however, the court finds that the minor does have a
3mental illness or an emotional disturbance for which the minor
4is likely to benefit from treatment but that a less
5restrictive alternative is appropriate, the court shall order
6that the Department of Children and Family Services prepare a
7case plan for the minor which permits alternative treatment
8which is capable of providing adequate and humane treatment in
9the least restrictive setting that is appropriate to the
10minor's condition and serves the minor's best interests, and
11shall authorize the continued placement of the minor in the
12secure child care facility. At each permanency hearing
13conducted thereafter, the court shall determine whether the
14minor does not have a mental illness or emotional disturbance
15of such severity that placement in a secure facility is
16necessary or, if a less restrictive alternative is
17appropriate. If either of these 2 conditions are not met, the
18court shall order the minor discharged from the secure child
19care facility.
20    (8) Unwillingness or inability of the Department of
21Children and Family Services to find a placement for the minor
22shall not be grounds for the court's refusing to order
23discharge of the minor.
24(Source: P.A. 90-608, eff. 6-30-98.)
 
25    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)

 

 

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1    Sec. 2-28. Court review.
2    (1) The court may require any legal custodian or guardian
3of the person appointed under this Act to report periodically
4to the court or may cite the legal custodian or guardian him
5into court and require the legal custodian, guardian, him or
6the legal custodian's or guardian's his agency, to make a full
7and accurate report of the his or its doings of the legal
8custodian, guardian, or agency on in behalf of the minor. The
9custodian or guardian, within 10 days after such citation, or
10earlier if the court determines it to be necessary to protect
11the health, safety, or welfare of the minor, shall make the
12report, either in writing verified by affidavit or orally
13under oath in open court, or otherwise as the court directs.
14Upon the hearing of the report the court may remove the
15custodian or guardian and appoint another in the custodian's
16or guardian's his stead or restore the minor to the custody of
17the minor's his parents or former guardian or custodian.
18However, custody of the minor shall not be restored to any
19parent, guardian, or legal custodian in any case in which the
20minor is found to be neglected or abused under Section 2-3 or
21dependent under Section 2-4 of this Act, unless the minor can
22be cared for at home without endangering the minor's health or
23safety and it is in the best interests of the minor, and if
24such neglect, abuse, or dependency is found by the court under
25paragraph (1) of Section 2-21 of this Act to have come about
26due to the acts or omissions or both of such parent, guardian,

 

 

SB3961- 401 -LRB102 22864 WGH 32015 b

1or legal custodian, until such time as an investigation is
2made as provided in paragraph (5) and a hearing is held on the
3issue of the fitness of such parent, guardian, or legal
4custodian to care for the minor and the court enters an order
5that such parent, guardian, or legal custodian is fit to care
6for the minor.
7    (1.5) The public agency that is the custodian or guardian
8of the minor shall file a written report with the court no
9later than 15 days after a minor in the agency's care remains:
10        (1) in a shelter placement beyond 30 days;
11        (2) in a psychiatric hospital past the time when the
12    minor is clinically ready for discharge or beyond medical
13    necessity for the minor's health; or
14        (3) in a detention center or Department of Juvenile
15    Justice facility solely because the public agency cannot
16    find an appropriate placement for the minor.
17    The report shall explain the steps the agency is taking to
18ensure the minor is placed appropriately, how the minor's
19needs are being met in the minor's shelter placement, and if a
20future placement has been identified by the Department, why
21the anticipated placement is appropriate for the needs of the
22minor and the anticipated placement date.
23    (1.6) Within 35 days after placing a child in its care in a
24qualified residential treatment program, as defined by the
25federal Social Security Act, the Department of Children and
26Family Services shall file a written report with the court and

 

 

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1send copies of the report to all parties. Within 20 days of the
2filing of the report, the court shall hold a hearing to
3consider the Department's report and determine whether
4placement of the child in a qualified residential treatment
5program provides the most effective and appropriate level of
6care for the child in the least restrictive environment and if
7the placement is consistent with the short-term and long-term
8goals for the child, as specified in the permanency plan for
9the child. The court shall approve or disapprove the
10placement. If applicable, the requirements of Sections 2-27.1
11and 2-27.2 must also be met. The Department's written report
12and the court's written determination shall be included in and
13made part of the case plan for the child. If the child remains
14placed in a qualified residential treatment program, the
15Department shall submit evidence at each status and permanency
16hearing:
17        (1) demonstrating that on-going assessment of the
18    strengths and needs of the child continues to support the
19    determination that the child's needs cannot be met through
20    placement in a foster family home, that the placement
21    provides the most effective and appropriate level of care
22    for the child in the least restrictive, appropriate
23    environment, and that the placement is consistent with the
24    short-term and long-term permanency goal for the child, as
25    specified in the permanency plan for the child;
26        (2) documenting the specific treatment or service

 

 

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1    needs that should be met for the child in the placement and
2    the length of time the child is expected to need the
3    treatment or services; and
4        (3) the efforts made by the agency to prepare the
5    child to return home or to be placed with a fit and willing
6    relative, a legal guardian, or an adoptive parent, or in a
7    foster family home.
8    (2) The first permanency hearing shall be conducted by the
9judge. Subsequent permanency hearings may be heard by a judge
10or by hearing officers appointed or approved by the court in
11the manner set forth in Section 2-28.1 of this Act. The initial
12hearing shall be held (a) within 12 months from the date
13temporary custody was taken, regardless of whether an
14adjudication or dispositional hearing has been completed
15within that time frame, (b) if the parental rights of both
16parents have been terminated in accordance with the procedure
17described in subsection (5) of Section 2-21, within 30 days of
18the order for termination of parental rights and appointment
19of a guardian with power to consent to adoption, or (c) in
20accordance with subsection (2) of Section 2-13.1. Subsequent
21permanency hearings shall be held every 6 months or more
22frequently if necessary in the court's determination following
23the initial permanency hearing, in accordance with the
24standards set forth in this Section, until the court
25determines that the plan and goal have been achieved. Once the
26plan and goal have been achieved, if the minor remains in

 

 

SB3961- 404 -LRB102 22864 WGH 32015 b

1substitute care, the case shall be reviewed at least every 6
2months thereafter, subject to the provisions of this Section,
3unless the minor is placed in the guardianship of a suitable
4relative or other person and the court determines that further
5monitoring by the court does not further the health, safety or
6best interest of the child and that this is a stable permanent
7placement. The permanency hearings must occur within the time
8frames set forth in this subsection and may not be delayed in
9anticipation of a report from any source or due to the agency's
10failure to timely file its written report (this written report
11means the one required under the next paragraph and does not
12mean the service plan also referred to in that paragraph).
13    The public agency that is the custodian or guardian of the
14minor, or another agency responsible for the minor's care,
15shall ensure that all parties to the permanency hearings are
16provided a copy of the most recent service plan prepared
17within the prior 6 months at least 14 days in advance of the
18hearing. If not contained in the agency's service plan, the
19agency shall also include a report setting forth (i) any
20special physical, psychological, educational, medical,
21emotional, or other needs of the minor or the minor's his or
22her family that are relevant to a permanency or placement
23determination and (ii) for any minor age 16 or over, a written
24description of the programs and services that will enable the
25minor to prepare for independent living. If not contained in
26the agency's service plan, the agency's report shall specify

 

 

SB3961- 405 -LRB102 22864 WGH 32015 b

1if a minor is placed in a licensed child care facility under a
2corrective plan by the Department due to concerns impacting
3the minor's safety and well-being. The report shall explain
4the steps the Department is taking to ensure the safety and
5well-being of the minor and that the minor's needs are met in
6the facility. The agency's written report must detail what
7progress or lack of progress the parent has made in correcting
8the conditions requiring the child to be in care; whether the
9child can be returned home without jeopardizing the child's
10health, safety, and welfare, and if not, what permanency goal
11is recommended to be in the best interests of the child, and
12why the other permanency goals are not appropriate. The
13caseworker must appear and testify at the permanency hearing.
14If a permanency hearing has not previously been scheduled by
15the court, the moving party shall move for the setting of a
16permanency hearing and the entry of an order within the time
17frames set forth in this subsection.
18    At the permanency hearing, the court shall determine the
19future status of the child. The court shall set one of the
20following permanency goals:
21        (A) The minor will be returned home by a specific date
22    within 5 months.
23        (B) The minor will be in short-term care with a
24    continued goal to return home within a period not to
25    exceed one year, where the progress of the parent or
26    parents is substantial giving particular consideration to

 

 

SB3961- 406 -LRB102 22864 WGH 32015 b

1    the age and individual needs of the minor.
2        (B-1) The minor will be in short-term care with a
3    continued goal to return home pending a status hearing.
4    When the court finds that a parent has not made reasonable
5    efforts or reasonable progress to date, the court shall
6    identify what actions the parent and the Department must
7    take in order to justify a finding of reasonable efforts
8    or reasonable progress and shall set a status hearing to
9    be held not earlier than 9 months from the date of
10    adjudication nor later than 11 months from the date of
11    adjudication during which the parent's progress will again
12    be reviewed.
13        (C) The minor will be in substitute care pending court
14    determination on termination of parental rights.
15        (D) Adoption, provided that parental rights have been
16    terminated or relinquished.
17        (E) The guardianship of the minor will be transferred
18    to an individual or couple on a permanent basis provided
19    that goals (A) through (D) have been deemed inappropriate
20    and not in the child's best interests. The court shall
21    confirm that the Department has discussed adoption, if
22    appropriate, and guardianship with the caregiver prior to
23    changing a goal to guardianship.
24        (F) The minor over age 15 will be in substitute care
25    pending independence. In selecting this permanency goal,
26    the Department of Children and Family Services may provide

 

 

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1    services to enable reunification and to strengthen the
2    minor's connections with family, fictive kin, and other
3    responsible adults, provided the services are in the
4    minor's best interest. The services shall be documented in
5    the service plan.
6        (G) The minor will be in substitute care because the
7    minor he or she cannot be provided for in a home
8    environment due to developmental disabilities or mental
9    illness or because the minor he or she is a danger to self
10    or others, provided that goals (A) through (D) have been
11    deemed inappropriate and not in the child's best
12    interests.
13    In selecting any permanency goal, the court shall indicate
14in writing the reasons the goal was selected and why the
15preceding goals were deemed inappropriate and not in the
16child's best interest. Where the court has selected a
17permanency goal other than (A), (B), or (B-1), the Department
18of Children and Family Services shall not provide further
19reunification services, except as provided in paragraph (F) of
20this subsection (2), but shall provide services consistent
21with the goal selected.
22        (H) Notwithstanding any other provision in this
23    Section, the court may select the goal of continuing
24    foster care as a permanency goal if:
25            (1) The Department of Children and Family Services
26        has custody and guardianship of the minor;

 

 

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

 

 

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1            (5) The relative or foster parent currently caring
2        for the child is willing and capable of providing the
3        child with a stable and permanent environment.
4    The court shall set a permanency goal that is in the best
5interest of the child. In determining that goal, the court
6shall consult with the minor in an age-appropriate manner
7regarding the proposed permanency or transition plan for the
8minor. The court's determination shall include the following
9factors:
10        (1) Age of the child.
11        (2) Options available for permanence, including both
12    out-of-state and in-state placement options.
13        (3) Current placement of the child and the intent of
14    the family regarding adoption.
15        (4) Emotional, physical, and mental status or
16    condition of the child.
17        (5) Types of services previously offered and whether
18    or not the services were successful and, if not
19    successful, the reasons the services failed.
20        (6) Availability of services currently needed and
21    whether the services exist.
22        (7) Status of siblings of the minor.
23    The court shall consider (i) the permanency goal contained
24in the service plan, (ii) the appropriateness of the services
25contained in the plan and whether those services have been
26provided, (iii) whether reasonable efforts have been made by

 

 

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1all the parties to the service plan to achieve the goal, and
2(iv) whether the plan and goal have been achieved. All
3evidence relevant to determining these questions, including
4oral and written reports, may be admitted and may be relied on
5to the extent of their probative value.
6    The court shall make findings as to whether, in violation
7of Section 8.2 of the Abused and Neglected Child Reporting
8Act, any portion of the service plan compels a child or parent
9to engage in any activity or refrain from any activity that is
10not reasonably related to remedying a condition or conditions
11that gave rise or which could give rise to any finding of child
12abuse or neglect. The services contained in the service plan
13shall include services reasonably related to remedy the
14conditions that gave rise to removal of the child from the home
15of the child's his or her parents, guardian, or legal
16custodian or that the court has found must be remedied prior to
17returning the child home. Any tasks the court requires of the
18parents, guardian, or legal custodian or child prior to
19returning the child home, must be reasonably related to
20remedying a condition or conditions that gave rise to or which
21could give rise to any finding of child abuse or neglect.
22    If the permanency goal is to return home, the court shall
23make findings that identify any problems that are causing
24continued placement of the children away from the home and
25identify what outcomes would be considered a resolution to
26these problems. The court shall explain to the parents that

 

 

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1these findings are based on the information that the court has
2at that time and may be revised, should additional evidence be
3presented to the court.
4    The court shall review the Sibling Contact Support Plan
5developed or modified under subsection (f) of Section 7.4 of
6the Children and Family Services Act, if applicable. If the
7Department has not convened a meeting to develop or modify a
8Sibling Contact Support Plan, or if the court finds that the
9existing Plan is not in the child's best interest, the court
10may enter an order requiring the Department to develop, modify
11or implement a Sibling Contact Support Plan, or order
12mediation.
13    If the goal has been achieved, the court shall enter
14orders that are necessary to conform the minor's legal custody
15and status to those findings.
16    If, after receiving evidence, the court determines that
17the services contained in the plan are not reasonably
18calculated to facilitate achievement of the permanency goal,
19the court shall put in writing the factual basis supporting
20the determination and enter specific findings based on the
21evidence. The court also shall enter an order for the
22Department to develop and implement a new service plan or to
23implement changes to the current service plan consistent with
24the court's findings. The new service plan shall be filed with
25the court and served on all parties within 45 days of the date
26of the order. The court shall continue the matter until the new

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Custody of the minor shall not be restored to any parent,
2guardian, or legal custodian in any case in which the minor is
3found to be neglected or abused under Section 2-3 or dependent
4under Section 2-4 of this Act, unless the minor can be cared
5for at home without endangering the minor's his or her health
6or safety and it is in the best interest of the minor, and if
7such neglect, abuse, or dependency is found by the court under
8paragraph (1) of Section 2-21 of this Act to have come about
9due to the acts or omissions or both of such parent, guardian,
10or legal custodian, until such time as an investigation is
11made as provided in paragraph (5) and a hearing is held on the
12issue of the health, safety, and best interest of the minor and
13the fitness of such parent, guardian, or legal custodian to
14care for the minor and the court enters an order that such
15parent, guardian, or legal custodian is fit to care for the
16minor. If a motion is filed to modify or vacate a private
17guardianship order and return the child to a parent, guardian,
18or legal custodian, the court may order the Department of
19Children and Family Services to assess the minor's current and
20proposed living arrangements and to provide ongoing monitoring
21of the health, safety, and best interest of the minor during
22the pendency of the motion to assist the court in making that
23determination. In the event that the minor has attained 18
24years of age and the guardian or custodian petitions the court
25for an order terminating the minor's his guardianship or
26custody, guardianship or custody shall terminate automatically

 

 

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130 days after the receipt of the petition unless the court
2orders otherwise. No legal custodian or guardian of the person
3may be removed without the legal custodian's or guardian's his
4consent until given notice and an opportunity to be heard by
5the court.
6    When the court orders a child restored to the custody of
7the parent or parents, the court shall order the parent or
8parents to cooperate with the Department of Children and
9Family Services and comply with the terms of an after-care
10plan, or risk the loss of custody of the child and possible
11termination of their parental rights. The court may also enter
12an order of protective supervision in accordance with Section
132-24.
14    If the minor is being restored to the custody of a parent,
15legal custodian, or guardian who lives outside of Illinois,
16and an Interstate Compact has been requested and refused, the
17court may order the Department of Children and Family Services
18to arrange for an assessment of the minor's proposed living
19arrangement and for ongoing monitoring of the health, safety,
20and best interest of the minor and compliance with any order of
21protective supervision entered in accordance with Section
222-24.
23    (5) Whenever a parent, guardian, or legal custodian files
24a motion for restoration of custody of the minor, and the minor
25was adjudicated neglected, abused, or dependent as a result of
26physical abuse, the court shall cause to be made an

 

 

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1investigation as to whether the movant has ever been charged
2with or convicted of any criminal offense which would indicate
3the likelihood of any further physical abuse to the minor.
4Evidence of such criminal convictions shall be taken into
5account in determining whether the minor can be cared for at
6home without endangering the minor's his or her health or
7safety and fitness of the parent, guardian, or legal
8custodian.
9        (a) Any agency of this State or any subdivision
10    thereof shall cooperate co-operate with the agent of the
11    court in providing any information sought in the
12    investigation.
13        (b) The information derived from the investigation and
14    any conclusions or recommendations derived from the
15    information shall be provided to the parent, guardian, or
16    legal custodian seeking restoration of custody prior to
17    the hearing on fitness and the movant shall have an
18    opportunity at the hearing to refute the information or
19    contest its significance.
20        (c) All information obtained from any investigation
21    shall be confidential as provided in Section 5-150 of this
22    Act.
23(Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21;
24102-489, eff. 8-20-21; revised 10-14-21.)
 
25    (705 ILCS 405/2-29)  (from Ch. 37, par. 802-29)

 

 

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1    Sec. 2-29. Adoption; appointment of guardian with power to
2consent.
3    (1) With leave of the court, a minor who is the subject of
4an abuse, neglect, or dependency petition under this Act may
5be the subject of a petition for adoption under the Adoption
6Act.
7    (1.1) The parent or parents of a child in whose interest a
8petition under Section 2-13 of this Act is pending may, in the
9manner required by the Adoption Act, (a) surrender the child
10him or her for adoption to an agency legally authorized or
11licensed to place children for adoption, (b) consent to the
12child's his or her adoption, or (c) consent to the child's his
13or her adoption by a specified person or persons. Nothing in
14this Section requires that the parent or parents execute the
15surrender, consent, or consent to adoption by a specified
16person in open court.
17    (2) If a petition or motion alleges and the court finds
18that it is in the best interest of the minor that parental
19rights be terminated and the petition or motion requests that
20a guardian of the person be appointed and authorized to
21consent to the adoption of the minor, the court, with the
22consent of the parents, if living, or after finding, based
23upon clear and convincing evidence, that a parent is an unfit
24person as defined in Section 1 of the Adoption Act, may
25terminate parental rights and empower the guardian of the
26person of the minor, in the order appointing the guardian of

 

 

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1the person of the minor him or her as such guardian, to appear
2in court where any proceedings for the adoption of the minor
3may at any time be pending and to consent to the adoption. Such
4consent is sufficient to authorize the court in the adoption
5proceedings to enter a proper order or judgment of adoption
6without further notice to, or consent by, the parents of the
7minor. An order so empowering the guardian to consent to
8adoption deprives the parents of the minor of all legal rights
9as respects the minor and relieves them of all parental
10responsibility for the minor him or her, and frees the minor
11from all obligations of maintenance and obedience to the
12minor's his or her natural parents.
13    If the minor is over 14 years of age, the court may, in its
14discretion, consider the wishes of the minor in determining
15whether the best interests of the minor would be promoted by
16the finding of the unfitness of a non-consenting parent.
17    (2.1) Notice to a parent who has appeared or been served
18with summons personally or by certified mail, and for whom an
19order of default has been entered on the petition for wardship
20and has not been set aside shall be provided in accordance with
21Supreme Court Rule 11. Notice to a parent who was served by
22publication and for whom an order of default has been entered
23on the petition for wardship and has not been set aside shall
24be provided in accordance with Sections 2-15 and 2-16.
25    (3) Parental consent to the order terminating parental
26rights and authorizing the guardian of the person to consent

 

 

SB3961- 421 -LRB102 22864 WGH 32015 b

1to adoption of the minor must be in writing and signed in the
2form provided in the Adoption Act, but no names of petitioners
3for adoption need be included.
4    (4) A finding of the unfitness of a parent must be made in
5compliance with the Adoption Act, without regard to the
6likelihood that the child will be placed for adoption, and be
7based upon clear and convincing evidence. Provisions of the
8Adoption Act relating to minor parents and to mentally ill or
9mentally deficient parents apply to proceedings under this
10Section and any findings with respect to such parents shall be
11based upon clear and convincing evidence.
12(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
13P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97;
1490-608, eff. 6-30-98.)
 
15    (705 ILCS 405/2-31)  (from Ch. 37, par. 802-31)
16    Sec. 2-31. Duration of wardship and discharge of
17proceedings.
18    (1) All proceedings under Article II of this Act in
19respect of any minor automatically terminate upon the minor
20his or her attaining the age of 21 years.
21    (2) Whenever the court determines, and makes written
22factual findings, that health, safety, and the best interests
23of the minor and the public no longer require the wardship of
24the court, the court shall order the wardship terminated and
25all proceedings under this Act respecting that minor finally

 

 

SB3961- 422 -LRB102 22864 WGH 32015 b

1closed and discharged. The court may at the same time continue
2or terminate any custodianship or guardianship theretofore
3ordered but the termination must be made in compliance with
4Section 2-28. When terminating wardship under this Section, if
5the minor is over 18 or if wardship is terminated in
6conjunction with an order partially or completely emancipating
7the minor in accordance with the Emancipation of Minors Act,
8the court shall also consider the following factors, in
9addition to the health, safety, and best interest of the minor
10and the public: (A) the minor's wishes regarding case closure;
11(B) the manner in which the minor will maintain independence
12without services from the Department; (C) the minor's
13engagement in services including placement offered by the
14Department; (D) if the minor is not engaged, the Department's
15efforts to engage the minor; (E) the nature of communication
16between the minor and the Department; (F) the minor's
17involvement in other State systems or services; (G) the
18minor's connections with family and other community support;
19and (H) any other factor the court deems relevant. The minor's
20lack of cooperation with services provided by the Department
21of Children and Family Services shall not by itself be
22considered sufficient evidence that the minor is prepared to
23live independently and that it is in the best interest of the
24minor to terminate wardship. It shall not be in the minor's
25best interest to terminate wardship of a minor over the age of
2618 who is in the guardianship of the Department of Children and

 

 

SB3961- 423 -LRB102 22864 WGH 32015 b

1Family Services if the Department has not made reasonable
2efforts to ensure that the minor has documents necessary for
3adult living as provided in Section 35.10 of the Children and
4Family Services Act.
5    (3) The wardship of the minor and any custodianship or
6guardianship respecting the minor for whom a petition was
7filed after July 24, 1991 (the effective date of Public Act
887-14) automatically terminates when the minor he attains the
9age of 19 years, except as set forth in subsection (1) of this
10Section. The clerk of the court shall at that time record all
11proceedings under this Act as finally closed and discharged
12for that reason. The provisions of this subsection (3) become
13inoperative on and after July 12, 2019 (the effective date of
14Public Act 101-78).
15    (4) Notwithstanding any provision of law to the contrary,
16the changes made by Public Act 101-78 apply to all cases that
17are pending on or after July 12, 2019 (the effective date of
18Public Act 101-78).
19(Source: P.A. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.)
 
20    (705 ILCS 405/2-34)
21    Sec. 2-34. Motion to reinstate parental rights.
22    (1) For purposes of this subsection (1), the term "parent"
23refers to the person or persons whose rights were terminated
24as described in paragraph (a) of this subsection; and the term
25"minor" means a person under the age of 21 years subject to

 

 

SB3961- 424 -LRB102 22864 WGH 32015 b

1this Act for whom the Department of Children and Family
2Services Guardianship Administrator is appointed the temporary
3custodian or guardian.
4    A motion to reinstate parental rights may be filed only by
5the Department of Children and Family Services or the minor
6regarding any minor who is presently a ward of the court under
7Article II of this Act when all the conditions set out in
8paragraphs (a), (b), (c), (d), (e), (f), and (g) of this
9subsection (1) are met:
10        (a) while the minor was under the jurisdiction of the
11    court under Article II of this Act, the minor's parent or
12    parents surrendered the minor for adoption to an agency
13    legally authorized to place children for adoption, or the
14    minor's parent or parents consented to the minor's his or
15    her adoption, or the minor's parent or parents consented
16    to the minor's his or her adoption by a specified person or
17    persons, or the parent or parents' rights were terminated
18    pursuant to a finding of unfitness pursuant to Section
19    2-29 of this Act and a guardian was appointed with the
20    power to consent to adoption pursuant to Section 2-29 of
21    this Act; and
22        (b) (i) since the signing of the surrender, the
23    signing of the consent, or the unfitness finding, the
24    minor has remained a ward of the Court under Article II of
25    this Act; or
26        (ii) the minor was made a ward of the Court, the minor

 

 

SB3961- 425 -LRB102 22864 WGH 32015 b

1    was placed in the private guardianship of an individual or
2    individuals, and after the appointment of a private
3    guardian and a new petition alleging abuse, neglect, or
4    dependency pursuant to Section 2-3 or 2-4 is filed, and
5    the minor is again found by the court to be abused,
6    neglected or dependent; or a supplemental petition to
7    reinstate wardship is filed pursuant to Section 2-33, and
8    the court reinstates wardship; or
9        (iii) the minor was made a ward of the Court, wardship
10    was terminated after the minor was adopted, after the
11    adoption a new petition alleging abuse, neglect, or
12    dependency pursuant to Section 2-3 or 2-4 is filed, and
13    the minor is again found by the court to be abused,
14    neglected, or dependent, and either (i) the adoptive
15    parent or parents are deceased, (ii) the adoptive parent
16    or parents signed a surrender of parental rights, or (iii)
17    the parental rights of the adoptive parent or parents were
18    terminated;
19        (c) the minor is not currently in a placement likely
20    to achieve permanency;
21        (d) it is in the minor's best interest that parental
22    rights be reinstated;
23        (e) the parent named in the motion wishes parental
24    rights to be reinstated and is currently appropriate to
25    have rights reinstated;
26        (f) more than 3 years have lapsed since the signing of

 

 

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1    the consent or surrender, or the entry of the order
2    appointing a guardian with the power to consent to
3    adoption;
4        (g) (i) the child is 13 years of age or older or (ii)
5    the child is the younger sibling of such child, 13 years of
6    age or older, for whom reinstatement of parental rights is
7    being sought and the younger sibling independently meets
8    the criteria set forth in paragraphs (a) through (h) of
9    this subsection; and
10        (h) if the court has previously denied a motion to
11    reinstate parental rights filed by the Department, there
12    has been a substantial change in circumstances following
13    the denial of the earlier motion.
14    (2) The motion may be filed only by the Department of
15Children and Family Services or by the minor. Unless excused
16by the court for good cause shown, the movant shall give notice
17of the time and place of the hearing on the motion, in person
18or by mail, to the parties to the juvenile court proceeding.
19Notice shall be provided at least 14 days in advance of the
20hearing date. The motion shall include the allegations
21required in subsection (1) of this Section.
22    (3) Any party may file a motion to dismiss the motion with
23prejudice on the basis that the parent has intentionally acted
24to prevent the child from being adopted, after parental rights
25were terminated or the parent intentionally acted to disrupt
26the child's adoption. If the court finds by a preponderance of

 

 

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1the evidence that the parent has intentionally acted to
2prevent the child from being adopted, after parental rights
3were terminated or that the parent intentionally acted to
4disrupt the child's adoption, the court shall dismiss the
5petition with prejudice.
6    (4) The court shall not grant a motion for reinstatement
7of parental rights unless the court finds that the motion is
8supported by clear and convincing evidence. In ruling on a
9motion to reinstate parental rights, the court shall make
10findings consistent with the requirements in subsection (1) of
11this Section. The court shall consider the reasons why the
12child was initially brought to the attention of the court, the
13history of the child's case as it relates to the parent seeking
14reinstatement, and the current circumstances of the parent for
15whom reinstatement of rights is sought. If reinstatement is
16being considered subsequent to a finding of unfitness pursuant
17to Section 2-29 of this Act having been entered with respect to
18the parent whose rights are being restored, the court in
19determining the minor's best interest shall consider, in
20addition to the factors set forth in paragraph (4.05) of
21Section 1-3 of this Act, the specific grounds upon which the
22unfitness findings were made. Upon the entry of an order
23granting a motion to reinstate parental rights, parental
24rights of the parent named in the order shall be reinstated,
25any previous order appointing a guardian with the power to
26consent to adoption shall be void and with respect to the

 

 

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1parent named in the order, any consent shall be void.
2    (5) If the case is post-disposition, the court, upon the
3entry of an order granting a motion to reinstate parental
4rights, shall schedule the matter for a permanency hearing
5pursuant to Section 2-28 of this Act within 45 days.
6    (6) Custody of the minor shall not be restored to the
7parent, except by order of court pursuant to subsection (4) of
8Section 2-28 of this Act.
9    (7) In any case involving a child over the age of 13 who
10meets the criteria established in this Section for
11reinstatement of parental rights, the Department of Children
12and Family Services shall conduct an assessment of the child's
13circumstances to assist in future planning for the child,
14including, but not limited to a determination regarding the
15appropriateness of filing a motion to reinstate parental
16rights.
17    (8) (Blank).
18(Source: P.A. 98-477, eff. 8-16-13.)
 
19    (705 ILCS 405/3-1)  (from Ch. 37, par. 803-1)
20    Sec. 3-1. Jurisdictional facts. Proceedings may be
21instituted under this Article concerning minors boys and girls
22who require authoritative intervention as defined in Section
233-3, who are truant minors in need of supervision as defined in
24Section 3-33.5, or who are minors involved in electronic
25dissemination of indecent visual depictions in need of

 

 

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1supervision as defined in Section 3-40.
2(Source: P.A. 96-1087, eff. 1-1-11.)
 
3    (705 ILCS 405/3-3)  (from Ch. 37, par. 803-3)
4    Sec. 3-3. Minor requiring authoritative intervention.
5Those requiring authoritative intervention include any minor
6under 18 years of age (1) who is (a) absent from home without
7consent of parent, guardian or custodian, or (b) beyond the
8control of the minor's his or her parent, guardian or
9custodian, in circumstances which constitute a substantial or
10immediate danger to the minor's physical safety; and (2) who,
11after being taken into limited custody for the period provided
12for in this Section and offered interim crisis intervention
13services, where available, refuses to return home after the
14minor and the minor's his or her parent, guardian or custodian
15cannot agree to an arrangement for an alternative voluntary
16residential placement or to the continuation of such
17placement. Any minor taken into limited custody for the
18reasons specified in this Section may not be adjudicated a
19minor requiring authoritative intervention until the following
20number of days have elapsed from the minor his or her having
21been taken into limited custody: 21 days for the first
22instance of being taken into limited custody and 5 days for the
23second, third, or fourth instances of being taken into limited
24custody. For the fifth or any subsequent instance of being
25taken into limited custody for the reasons specified in this

 

 

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1Section, the minor may be adjudicated as requiring
2authoritative intervention without any specified period of
3time expiring after the minor his or her being taken into
4limited custody, without the minor's being offered interim
5crisis intervention services, and without the minor's being
6afforded an opportunity to agree to an arrangement for an
7alternative voluntary residential placement. Notwithstanding
8any other provision of this Section, for the first instance in
9which a minor is taken into limited custody where one year has
10elapsed from the last instance of the minor's his having been
11taken into limited custody, the minor may not be adjudicated a
12minor requiring authoritative intervention until 21 days have
13passed since being taken into limited custody.
14(Source: P.A. 85-601.)
 
15    (705 ILCS 405/3-4)  (from Ch. 37, par. 803-4)
16    Sec. 3-4. Taking into limited custody.
17    (a) A law enforcement officer may, without a warrant, take
18into limited custody a minor who the law enforcement officer
19reasonably determines is (i) absent from home without consent
20of the minor's parent, guardian or custodian, or (ii) beyond
21the control of the minor's his or her parent, guardian or
22custodian, in circumstances which constitute a substantial or
23immediate danger to the minor's physical safety.
24    (b) A law enforcement officer who takes a minor into
25limited custody shall (i) immediately inform the minor of the

 

 

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1reasons for such limited custody, and (ii) make a prompt,
2reasonable effort to inform the minor's parents, guardian, or
3custodian that the minor has been taken into limited custody
4and where the minor is being kept.
5    (c) If the minor consents, the law enforcement officer
6shall make a reasonable effort to transport, arrange for the
7transportation of or otherwise release the minor to the
8parent, guardian or custodian. Upon release of a minor who is
9believed to need or would benefit from medical, psychological,
10psychiatric or social services, the law enforcement officer
11may inform the minor and the person to whom the minor is
12released of the nature and location of appropriate services
13and shall, if requested, assist in establishing contact
14between the family and an agency or association providing such
15services.
16    (d) If the law enforcement officer is unable by all
17reasonable efforts to contact a parent, custodian, relative or
18other responsible person; or if the person contacted lives an
19unreasonable distance away; or if the minor refuses to be
20taken to the minor's his or her home or other appropriate
21residence; or if the officer is otherwise unable despite all
22reasonable efforts to make arrangements for the safe release
23of the minor taken into limited custody, the law enforcement
24officer shall take or make reasonable arrangements for
25transporting the minor to an agency or association providing
26crisis intervention services, or, where appropriate, to a

 

 

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1mental health or developmental disabilities facility for
2screening for voluntary or involuntary admission under Section
33-500 et seq. of the Illinois Mental Health and Developmental
4Disabilities Code; provided that where no crisis intervention
5services exist, the minor may be transported for services to
6court service departments or probation departments under the
7court's administration.
8    (e) No minor shall be involuntarily subject to limited
9custody for more than 6 hours from the time of the minor's
10initial contact with the law enforcement officer.
11    (f) No minor taken into limited custody shall be placed in
12a jail, municipal lockup, detention center or secure
13correctional facility.
14    (g) The taking of a minor into limited custody under this
15Section is not an arrest nor does it constitute a police
16record; and the records of law enforcement officers concerning
17all minors taken into limited custody under this Section shall
18be maintained separate from the records of arrest and may not
19be inspected by or disclosed to the public except by order of
20the court. However, such records may be disclosed to the
21agency or association providing interim crisis intervention
22services for the minor.
23    (h) Any law enforcement agency, juvenile officer or other
24law enforcement officer acting reasonably and in good faith in
25the care of a minor in limited custody shall be immune from any
26civil or criminal liability resulting from such custody.

 

 

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1(Source: P.A. 87-1154.)
 
2    (705 ILCS 405/3-5)  (from Ch. 37, par. 803-5)
3    Sec. 3-5. Interim crisis intervention services.
4    (a) Any minor who is taken into limited custody, or who
5independently requests or is referred for assistance, may be
6provided crisis intervention services by an agency or
7association, as defined in this Act, provided the association
8or agency staff (i) immediately investigate the circumstances
9of the minor and the facts surrounding the minor being taken
10into custody and promptly explain these facts and
11circumstances to the minor, and (ii) make a reasonable effort
12to inform the minor's parent, guardian or custodian of the
13fact that the minor has been taken into limited custody and
14where the minor is being kept, and (iii) if the minor consents,
15make a reasonable effort to transport, arrange for the
16transportation of, or otherwise release the minor to the
17parent, guardian or custodian. Upon release of the child who
18is believed to need or benefit from medical, psychological,
19psychiatric or social services, the association or agency may
20inform the minor and the person to whom the minor is released
21of the nature and location of appropriate services and shall,
22if requested, assist in establishing contact between the
23family and other associations or agencies providing such
24services. If the agency or association is unable by all
25reasonable efforts to contact a parent, guardian or custodian,

 

 

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1or if the person contacted lives an unreasonable distance
2away, or if the minor refuses to be taken to the minor's his or
3her home or other appropriate residence, or if the agency or
4association is otherwise unable despite all reasonable efforts
5to make arrangements for the safe return of the minor, the
6minor may be taken to a temporary living arrangement which is
7in compliance with the Child Care Act of 1969 or which is with
8persons agreed to by the parents and the agency or
9association.
10    (b) An agency or association is authorized to permit a
11minor to be sheltered in a temporary living arrangement
12provided the agency seeks to effect the minor's return home or
13alternative living arrangements agreeable to the minor and the
14parent, guardian or custodian as soon as practicable. No minor
15shall be sheltered in a temporary living arrangement for more
16than 48 hours, excluding Saturdays, Sundays, and
17court-designated holidays, when the agency has reported the
18minor as neglected or abused because the parent, guardian, or
19custodian refuses to permit the child to return home, provided
20that in all other instances the minor may be sheltered when the
21agency obtains the consent of the parent, guardian, or
22custodian or documents its unsuccessful efforts to obtain the
23consent or authority of the parent, guardian, or custodian,
24including recording the date and the staff involved in all
25telephone calls, telegrams, letters, and personal contacts to
26obtain the consent or authority, in which instances the minor

 

 

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1may be so sheltered for not more than 21 days. If the parent,
2guardian or custodian refuses to permit the minor to return
3home, and no other living arrangement agreeable to the parent,
4guardian, or custodian can be made, and the parent, guardian,
5or custodian has not made any other appropriate living
6arrangement for the child, the agency may deem the minor to be
7neglected and report the neglect to the Department of Children
8and Family Services as provided in the Abused and Neglected
9Child Reporting Act. The Child Protective Service Unit of the
10Department of Children and Family Services shall begin an
11investigation of the report within 24 hours after receiving
12the report and shall determine whether to file a petition
13alleging that the minor is neglected or abused as described in
14Section 2-3 of this Act. Subject to appropriation, the
15Department may take the minor into temporary protective
16custody at any time after receiving the report, provided that
17the Department shall take temporary protective custody within
1848 hours of receiving the report if its investigation is not
19completed. If the Department of Children and Family Services
20determines that the minor is not a neglected minor because the
21minor is an immediate physical danger to the minor himself,
22herself, or others living in the home, then the Department
23shall take immediate steps to either secure the minor's
24immediate admission to a mental health facility, arrange for
25law enforcement authorities to take temporary custody of the
26minor as a delinquent minor, or take other appropriate action

 

 

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1to assume protective custody in order to safeguard the minor
2or others living in the home from immediate physical danger.
3    (c) Any agency or association or employee thereof acting
4reasonably and in good faith in the care of a minor being
5provided interim crisis intervention services and shelter care
6shall be immune from any civil or criminal liability resulting
7from such care.
8(Source: P.A. 95-443, eff. 1-1-08.)
 
9    (705 ILCS 405/3-6)  (from Ch. 37, par. 803-6)
10    Sec. 3-6. Alternative voluntary residential placement.
11    (a) A minor and the minor's his or her parent, guardian or
12custodian may agree to an arrangement for alternative
13voluntary residential placement, in compliance with the "Child
14Care Act of 1969", without court order. Such placement may
15continue as long as there is agreement.
16    (b) If the minor and the minor's his or her parent,
17guardian or custodian cannot agree to an arrangement for
18alternative voluntary residential placement in the first
19instance, or cannot agree to the continuation of such
20placement, and the minor refuses to return home, the minor or
21the minor's his or her parent, guardian or custodian, or a
22person properly acting at the minor's request, may file with
23the court a petition alleging that the minor requires
24authoritative intervention as described in Section 3-3.
25(Source: P.A. 85-601.)
 

 

 

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1    (705 ILCS 405/3-7)  (from Ch. 37, par. 803-7)
2    Sec. 3-7. Taking into temporary custody.
3    (1) A law enforcement officer may, without a warrant, take
4into temporary custody a minor (a) whom the officer with
5reasonable cause believes to be a minor requiring
6authoritative intervention; (b) who has been adjudged a ward
7of the court and has escaped from any commitment ordered by the
8court under this Act; (c) who is found in any street or public
9place suffering from any sickness or injury which requires
10care, medical treatment or hospitalization; or (d) whom the
11officer with reasonable cause believes to be a minor in need of
12supervision under Section 3-40.
13    (2) Whenever a petition has been filed under Section 3-15
14and the court finds that the conduct and behavior of the minor
15may endanger the health, person, welfare, or property of the
16minor himself or others or that the circumstances of the
17minor's his home environment may endanger the minor's his
18health, person, welfare or property, a warrant may be issued
19immediately to take the minor into custody.
20    (3) The taking of a minor into temporary custody under
21this Section is not an arrest nor does it constitute a police
22record.
23    (4) No minor taken into temporary custody shall be placed
24in a jail, municipal lockup, detention center, or secure
25correctional facility.

 

 

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1(Source: P.A. 96-1087, eff. 1-1-11; 97-333, eff. 8-12-11.)
 
2    (705 ILCS 405/3-8)  (from Ch. 37, par. 803-8)
3    Sec. 3-8. Duty of officer; admissions by minor.
4    (1) A law enforcement officer who takes a minor into
5custody with a warrant shall immediately make a reasonable
6attempt to notify the parent or other person legally
7responsible for the minor's care or the person with whom the
8minor resides that the minor has been taken into custody and
9where the minor he or she is being held; and the officer shall
10without unnecessary delay take the minor to the nearest
11juvenile police officer designated for such purposes in the
12county of venue or shall surrender the minor to a juvenile
13police officer in the city or village where the offense is
14alleged to have been committed.
15    The minor shall be delivered without unnecessary delay to
16the court or to the place designated by rule or order of court
17for the reception of minors. The court may not designate a
18place of detention for the reception of minors, unless the
19minor is alleged to be a person described in subsection (3) of
20Section 5-105.
21    (2) A law enforcement officer who takes a minor into
22custody without a warrant under Section 3-7 shall, if the
23minor is not released, immediately make a reasonable attempt
24to notify the parent or other person legally responsible for
25the minor's care or the person with whom the minor resides that

 

 

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1the minor has been taken into custody and where the minor is
2being held; and the law enforcement officer shall without
3unnecessary delay take the minor to the nearest juvenile
4police officer designated for such purposes in the county of
5venue or shall surrender the minor to a juvenile police
6officer in the city or village where the offense is alleged to
7have been committed, or upon determining the true identity of
8the minor, may release the minor to the parent or other person
9legally responsible for the minor's care or the person with
10whom the minor resides, if the minor is taken into custody for
11an offense which would be a misdemeanor if committed by an
12adult. If a minor is so released, the law enforcement officer
13shall promptly notify a juvenile police officer of the
14circumstances of the custody and release.
15    (3) The juvenile police officer may take one of the
16following actions:
17        (a) station adjustment with release of the minor;
18        (b) station adjustment with release of the minor to a
19    parent;
20        (c) station adjustment, release of the minor to a
21    parent, and referral of the case to community services;
22        (d) station adjustment, release of the minor to a
23    parent, and referral of the case to community services
24    with informal monitoring by a juvenile police officer;
25        (e) station adjustment and release of the minor to a
26    third person pursuant to agreement of the minor and

 

 

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1    parents;
2        (f) station adjustment, release of the minor to a
3    third person pursuant to agreement of the minor and
4    parents, and referral of the case to community services;
5        (g) station adjustment, release of the minor to a
6    third person pursuant to agreement of the minor and
7    parent, and referral to community services with informal
8    monitoring by a juvenile police officer;
9        (h) release of the minor to the minor's his or her
10    parents and referral of the case to a county juvenile
11    probation officer or such other public officer designated
12    by the court;
13        (i) release of the minor to school officials of the
14    minor's his school during regular school hours;
15        (j) if the juvenile police officer reasonably believes
16    that there is an urgent and immediate necessity to keep
17    the minor in custody, the juvenile police officer shall
18    deliver the minor without unnecessary delay to the court
19    or to the place designated by rule or order of court for
20    the reception of minors; and
21        (k) any other appropriate action with consent of the
22    minor and a parent.
23(Source: P.A. 90-590, eff. 1-1-99.)
 
24    (705 ILCS 405/3-9)  (from Ch. 37, par. 803-9)
25    Sec. 3-9. Temporary custody; shelter care. Any minor taken

 

 

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1into temporary custody pursuant to this Act who requires care
2away from the minor's his or her home but who does not require
3physical restriction shall be given temporary care in a foster
4family home or other shelter facility designated by the court.
5In the case of a minor alleged to be a minor requiring
6authoritative intervention, the court may order, with the
7approval of the Department of Children and Family Services,
8that custody of the minor be with the Department of Children
9and Family Services for designation of temporary care as the
10Department determines. No such child shall be ordered to the
11Department without the approval of the Department.
12(Source: P.A. 85-601.)
 
13    (705 ILCS 405/3-10)  (from Ch. 37, par. 803-10)
14    Sec. 3-10. Investigation; release. When a minor is
15delivered to the court, or to the place designated by the court
16under Section 3-9 of this Act, a probation officer or such
17other public officer designated by the court shall immediately
18investigate the circumstances of the minor and the facts
19surrounding the minor his or her being taken into custody. The
20minor shall be immediately released to the custody of the
21minor's his or her parent, guardian, legal custodian or
22responsible relative, unless the probation officer or such
23other public officer designated by the court finds that
24further shelter care is necessary as provided in Section 3-7.
25This Section shall in no way be construed to limit Section

 

 

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15-905.
2(Source: P.A. 90-590, eff. 1-1-99.)
 
3    (705 ILCS 405/3-11)  (from Ch. 37, par. 803-11)
4    Sec. 3-11. Setting of shelter care hearing; notice;
5release.
6    (1) Unless sooner released, a minor requiring
7authoritative intervention, taken into temporary custody, must
8be brought before a judicial officer within 48 hours,
9exclusive of Saturdays, Sundays and court-designated holidays,
10for a shelter care hearing to determine whether the minor he
11shall be further held in custody.
12    (2) If the probation officer or such other public officer
13designated by the court determines that the minor should be
14retained in custody, the probation officer or such other
15public officer designated by the court he shall cause a
16petition to be filed as provided in Section 3-15 of this Act,
17and the clerk of the court shall set the matter for hearing on
18the shelter care hearing calendar. When a parent, guardian,
19custodian or responsible relative is present and so requests,
20the shelter care hearing shall be held immediately if the
21court is in session, otherwise at the earliest feasible time.
22The petitioner through counsel or such other public officer
23designated by the court shall insure notification to the
24minor's parent, guardian, custodian or responsible relative of
25the time and place of the hearing by the best practicable

 

 

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1notice, allowing for oral notice in place of written notice
2only if provision of written notice is unreasonable under the
3circumstances.
4    (3) The minor must be released from custody at the
5expiration of the 48 hour period, if not brought before a
6judicial officer within that period.
7(Source: P.A. 87-759.)
 
8    (705 ILCS 405/3-12)  (from Ch. 37, par. 803-12)
9    Sec. 3-12. Shelter care hearing. At the appearance of the
10minor before the court at the shelter care hearing, all
11witnesses present shall be examined before the court in
12relation to any matter connected with the allegations made in
13the petition.
14    (1) If the court finds that there is not probable cause to
15believe that the minor is a person requiring authoritative
16intervention, it shall release the minor and dismiss the
17petition.
18    (2) If the court finds that there is probable cause to
19believe that the minor is a person requiring authoritative
20intervention, the minor, the minor's his or her parent,
21guardian, custodian and other persons able to give relevant
22testimony shall be examined before the court. After such
23testimony, the court may enter an order that the minor shall be
24released upon the request of a parent, guardian or custodian
25if the parent, guardian or custodian appears to take custody.

 

 

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1"Custodian" includes the Department of Children and Family
2Services, if it has been given custody of the child, or any
3other agency of the State which has been given custody or
4wardship of the child. The Court shall require documentation
5by representatives of the Department of Children and Family
6Services or the probation department as to the reasonable
7efforts that were made to prevent or eliminate the necessity
8of removal of the minor from the minor's his or her home, and
9shall consider the testimony of any person as to those
10reasonable efforts. If the court finds that it is a matter of
11immediate and urgent necessity for the protection of the minor
12or of the person or property of another that the minor be
13placed in a shelter care facility, or that the minor he or she
14is likely to flee the jurisdiction of the court, and further
15finds that reasonable efforts have been made or good cause has
16been shown why reasonable efforts cannot prevent or eliminate
17the necessity of removal of the minor from the minor's his or
18her home, the court may prescribe shelter care and order that
19the minor be kept in a suitable place designated by the court
20or in a shelter care facility designated by the Department of
21Children and Family Services or a licensed child welfare
22agency; otherwise it shall release the minor from custody. If
23the court prescribes shelter care, then in placing the minor,
24the Department or other agency shall, to the extent compatible
25with the court's order, comply with Section 7 of the Children
26and Family Services Act. If the minor is ordered placed in a

 

 

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1shelter care facility of the Department of Children and Family
2Services or a licensed child welfare agency, the court shall,
3upon request of the Department or other agency, appoint the
4Department of Children and Family Services Guardianship
5Administrator or other appropriate agency executive temporary
6custodian of the minor and the court may enter such other
7orders related to the temporary custody as it deems fit and
8proper, including the provision of services to the minor or
9the minor's his family to ameliorate the causes contributing
10to the finding of probable cause or to the finding of the
11existence of immediate and urgent necessity. Acceptance of
12services shall not be considered an admission of any
13allegation in a petition made pursuant to this Act, nor may a
14referral of services be considered as evidence in any
15proceeding pursuant to this Act, except where the issue is
16whether the Department has made reasonable efforts to reunite
17the family. In making its findings that reasonable efforts
18have been made or that good cause has been shown why reasonable
19efforts cannot prevent or eliminate the necessity of removal
20of the minor from the minor's his or her home, the court shall
21state in writing its findings concerning the nature of the
22services that were offered or the efforts that were made to
23prevent removal of the child and the apparent reasons that
24such services or efforts could not prevent the need for
25removal. The parents, guardian, custodian, temporary custodian
26and minor shall each be furnished a copy of such written

 

 

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1findings. The temporary custodian shall maintain a copy of the
2court order and written findings in the case record for the
3child.
4    The order together with the court's findings of fact and
5support thereof shall be entered of record in the court.
6    Once the court finds that it is a matter of immediate and
7urgent necessity for the protection of the minor that the
8minor be placed in a shelter care facility, the minor shall not
9be returned to the parent, custodian or guardian until the
10court finds that such placement is no longer necessary for the
11protection of the minor.
12    (3) If prior to the shelter care hearing for a minor
13described in Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is
14unable to serve notice on the party respondent, the shelter
15care hearing may proceed ex parte. A shelter care order from an
16ex parte hearing shall be endorsed with the date and hour of
17issuance and shall be filed with the clerk's office and
18entered of record. The order shall expire after 10 days from
19the time it is issued unless before its expiration it is
20renewed, at a hearing upon appearance of the party respondent,
21or upon an affidavit of the moving party as to all diligent
22efforts to notify the party respondent by notice as herein
23prescribed. The notice prescribed shall be in writing and
24shall be personally delivered to the minor or the minor's
25attorney and to the last known address of the other person or
26persons entitled to notice. The notice shall also state the

 

 

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1nature of the allegations, the nature of the order sought by
2the State, including whether temporary custody is sought, and
3the consequences of failure to appear; and shall explain the
4right of the parties and the procedures to vacate or modify a
5shelter care order as provided in this Section. The notice for
6a shelter care hearing shall be substantially as follows:
7
NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
8    On ................ at ........., before the Honorable
9................, (address:) ................., the State of
10Illinois will present evidence (1) that (name of child or
11children) ....................... are abused, neglected or
12dependent for the following reasons:
13.............................................................
14and (2) that there is "immediate and urgent necessity" to
15remove the child or children from the responsible relative.
16    YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
17PLACEMENT of the child or children in foster care until a trial
18can be held. A trial may not be held for up to 90 days.
19    At the shelter care hearing, parents have the following
20rights:
21        1. To ask the court to appoint a lawyer if they cannot
22    afford one.
23        2. To ask the court to continue the hearing to allow
24    them time to prepare.
25        3. To present evidence concerning:
26            a. Whether or not the child or children were

 

 

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1        abused, neglected or dependent.
2            b. Whether or not there is "immediate and urgent
3        necessity" to remove the child from home (including:
4        their ability to care for the child, conditions in the
5        home, alternative means of protecting the child other
6        than removal).
7            c. The best interests of the child.
8        4. To cross examine the State's witnesses.
9    The Notice for rehearings shall be substantially as
10follows:
11
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
12
TO REHEARING ON TEMPORARY CUSTODY
13    If you were not present at and did not have adequate notice
14of the Shelter Care Hearing at which temporary custody of
15............... was awarded to ................, you have the
16right to request a full rehearing on whether the State should
17have temporary custody of ................. To request this
18rehearing, you must file with the Clerk of the Juvenile Court
19(address): ........................, in person or by mailing a
20statement (affidavit) setting forth the following:
21        1. That you were not present at the shelter care
22    hearing.
23        2. That you did not get adequate notice (explaining
24    how the notice was inadequate).
25        3. Your signature.
26        4. Signature must be notarized.

 

 

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1    The rehearing should be scheduled within one day of your
2filing this affidavit.
3    At the rehearing, your rights are the same as at the
4initial shelter care hearing. The enclosed notice explains
5those rights.
6    At the Shelter Care Hearing, children have the following
7rights:
8        1. To have a guardian ad litem appointed.
9        2. To be declared competent as a witness and to
10    present testimony concerning:
11            a. Whether they are abused, neglected or
12        dependent.
13            b. Whether there is "immediate and urgent
14        necessity" to be removed from home.
15            c. Their best interests.
16        3. To cross examine witnesses for other parties.
17        4. To obtain an explanation of any proceedings and
18    orders of the court.
19    (4) If the parent, guardian, legal custodian, responsible
20relative, or counsel of the minor did not have actual notice of
21or was not present at the shelter care hearing, the parent,
22guardian, legal custodian, responsible relative, or counsel of
23the minor he or she may file an affidavit setting forth these
24facts, and the clerk shall set the matter for rehearing not
25later than 48 hours, excluding Sundays and legal holidays,
26after the filing of the affidavit. At the rehearing, the court

 

 

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1shall proceed in the same manner as upon the original hearing.
2    (5) Only when there is reasonable cause to believe that
3the minor taken into custody is a person described in
4subsection (3) of Section 5-105 may the minor be kept or
5detained in a detention home or county or municipal jail. This
6Section shall in no way be construed to limit subsection (6).
7    (6) No minor under 16 years of age may be confined in a
8jail or place ordinarily used for the confinement of prisoners
9in a police station. Minors under 18 years of age must be kept
10separate from confined adults and may not at any time be kept
11in the same cell, room, or yard with adults confined pursuant
12to the criminal law.
13    (7) If the minor is not brought before a judicial officer
14within the time period specified in Section 3-11, the minor
15must immediately be released from custody.
16    (8) If neither the parent, guardian or custodian appears
17within 24 hours to take custody of a minor released upon
18request pursuant to subsection (2) of this Section, then the
19clerk of the court shall set the matter for rehearing not later
20than 7 days after the original order and shall issue a summons
21directed to the parent, guardian or custodian to appear. At
22the same time the probation department shall prepare a report
23on the minor. If a parent, guardian or custodian does not
24appear at such rehearing, the judge may enter an order
25prescribing that the minor be kept in a suitable place
26designated by the Department of Children and Family Services

 

 

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1or a licensed child welfare agency.
2    (9) Notwithstanding any other provision of this Section,
3any interested party, including the State, the temporary
4custodian, an agency providing services to the minor or family
5under a service plan pursuant to Section 8.2 of the Abused and
6Neglected Child Reporting Act, foster parent, or any of their
7representatives, on notice to all parties entitled to notice,
8may file a motion to modify or vacate a temporary custody order
9on any of the following grounds:
10        (a) It is no longer a matter of immediate and urgent
11    necessity that the minor remain in shelter care; or
12        (b) There is a material change in the circumstances of
13    the natural family from which the minor was removed; or
14        (c) A person, including a parent, relative or legal
15    guardian, is capable of assuming temporary custody of the
16    minor; or
17        (d) Services provided by the Department of Children
18    and Family Services or a child welfare agency or other
19    service provider have been successful in eliminating the
20    need for temporary custody.
21    The clerk shall set the matter for hearing not later than
2214 days after such motion is filed. In the event that the court
23modifies or vacates a temporary custody order but does not
24vacate its finding of probable cause, the court may order that
25appropriate services be continued or initiated in behalf of
26the minor and the minor's his or her family.

 

 

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1    (10) The changes made to this Section by Public Act 98-61
2apply to a minor who has been arrested or taken into custody on
3or after January 1, 2014 (the effective date of Public Act
498-61).
5(Source: P.A. 99-642, eff. 7-28-16; 100-159, eff. 8-18-17.)
 
6    (705 ILCS 405/3-14)  (from Ch. 37, par. 803-14)
7    Sec. 3-14. Preliminary conferences.
8    (1) The court may authorize the probation officer to
9confer in a preliminary conference with any person seeking to
10file a petition under Section 3-15, the prospective
11respondents and other interested persons concerning the
12advisability of filing the petition, with a view to adjusting
13suitable cases without the filing of a petition.
14    The probation officer should schedule a conference
15promptly except where the State's Attorney insists on court
16action or where the minor has indicated that the minor he or
17she will demand a judicial hearing and will not comply with an
18informal adjustment.
19    (2) In any case of a minor who is in temporary custody, the
20holding of preliminary conferences does not operate to prolong
21temporary custody beyond the period permitted by Section 3-11.
22    (3) This Section does not authorize any probation officer
23to compel any person to appear at any conference, produce any
24papers, or visit any place.
25    (4) No statement made during a preliminary conference may

 

 

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1be admitted into evidence at an adjudicatory hearing or at any
2proceeding against the minor under the criminal laws of this
3State prior to the minor's his or her conviction thereunder.
4    (5) The probation officer shall promptly formulate a
5written, non-judicial adjustment plan following the initial
6conference.
7    (6) Non-judicial adjustment plans include but are not
8limited to the following:
9        (a) up to 6 months informal supervision within family;
10        (b) up to 6 months informal supervision with a
11    probation officer involved;
12        (c) up to 6 months informal supervision with release
13    to a person other than parent;
14        (d) referral to special educational, counseling or
15    other rehabilitative social or educational programs;
16        (e) referral to residential treatment programs; and
17        (f) any other appropriate action with consent of the
18    minor and a parent.
19    (7) The factors to be considered by the probation officer
20in formulating a written non-judicial adjustment plan shall be
21the same as those limited in subsection (4) of Section 5-405.
22(Source: P.A. 90-590, eff. 1-1-99.)
 
23    (705 ILCS 405/3-15)  (from Ch. 37, par. 803-15)
24    Sec. 3-15. Petition; supplemental petitions.
25    (1) Any adult person, any agency or association by its

 

 

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1representative may file, or the court on its own motion may
2direct the filing through the State's Attorney of a petition
3in respect to a minor under this Act. The petition and all
4subsequent court documents shall be entitled "In the interest
5of ...., a minor".
6    (2) The petition shall be verified but the statements may
7be made upon information and belief. It shall allege that the
8minor requires authoritative intervention or supervision and
9set forth (a) facts sufficient to bring the minor under
10Section 3-3, 3-33.5, or 3-40; (b) the name, age and residence
11of the minor; (c) the names and residences of the minor's his
12parents; (d) the name and residence of the minor's his legal
13guardian or the person or persons having custody or control of
14the minor, or of the nearest known relative if no parent or
15guardian can be found; and (e) if the minor upon whose behalf
16the petition is brought is sheltered in custody, the date on
17which shelter care was ordered by the court or the date set for
18a shelter care hearing. If any of the facts herein required are
19not known by the petitioner, the petition shall so state.
20    (3) The petition must allege that it is in the best
21interests of the minor and of the public that the minor he be
22adjudged a ward of the court and may pray generally for relief
23available under this Act. The petition need not specify any
24proposed disposition following adjudication of wardship.
25    (4) If appointment of a guardian of the person with power
26to consent to adoption of the minor under Section 3-30 is

 

 

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1sought, the petition shall so state.
2    (5) At any time before dismissal of the petition or before
3final closing and discharge under Section 3-32, one or more
4supplemental petitions may be filed in respect to the same
5minor.
6(Source: P.A. 96-1087, eff. 1-1-11.)
 
7    (705 ILCS 405/3-16)  (from Ch. 37, par. 803-16)
8    Sec. 3-16. Date for adjudicatory hearing.
9    (a) (Blank). Until January 1, 1988:
10    (1) When a petition has been filed alleging that the minor
11requires authoritative intervention, an adjudicatory hearing
12shall be held within 120 days. The 120 day period in which an
13adjudicatory hearing shall be held is tolled by: (A) delay
14occasioned by the minor; (B) a continuance allowed pursuant to
15Section 114-4 of the Code of Criminal Procedure of 1963 after a
16court's determination of the minor's physical incapacity for
17trial; or (C) an interlocutory appeal. Any such delay shall
18temporarily suspend for the time of the delay the period
19within which the adjudicatory hearing must be held. On the day
20of expiration of the delay, the said period shall continue at
21the point at which it was suspended. Where no such
22adjudicatory hearing is held within 120 days, the court may,
23on written motion of a minor's guardian ad litem, dismiss the
24petition with respect to such minor. Such dismissal shall be
25without prejudice.

 

 

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1    Where the court determines that the State exercised,
2without success, due diligence to obtain evidence material to
3the case, and that there are reasonable grounds to believe
4that such evidence may be obtained at a later date, the court
5may, upon written motion by the State, continue the matter for
6not more than 30 additional days.
7    (2) In the case of a minor ordered held in shelter care,
8the hearing on the petition must be held within 10 judicial
9days from the date of the order of the court directing shelter
10care or the earliest possible date in compliance with the
11notice provisions of Sections 3-17 and 3-18 as to the
12custodial parent, guardian or legal custodian, but no later
13than 30 judicial days from the date of the order of the court
14directing shelter care. Delay occasioned by the respondent
15shall temporarily suspend, for the time of the delay, the
16period within which a respondent must be tried pursuant to
17this Section.
18    Upon failure to comply with the time limits specified in
19this subsection (a)(2), the minor shall be immediately
20released. The time limits specified in subsection (a)(1) shall
21still apply.
22    (3) Nothing in this Section prevents the minor's exercise
23of his or her right to waive any time limits set forth in this
24Section.
25    (b) Beginning January 1, 1988: (1)(A) When a petition has
26been filed alleging that the minor requires authoritative

 

 

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1intervention, an adjudicatory hearing shall be held within 120
2days of a demand made by any party, except that when the court
3determines that the State, without success, has exercised due
4diligence to obtain evidence material to the case and that
5there are reasonable grounds to believe that such evidence may
6be obtained at a later date, the court may, upon motion by the
7State, continue the adjudicatory hearing for not more than 30
8additional days.
9    The 120 day period in which an adjudicatory hearing shall
10be held is tolled by: (i) delay occasioned by the minor; or
11(ii) a continuance allowed pursuant to Section 114-4 of the
12Code of Criminal Procedure of 1963 after a court's
13determination of the minor's physical incapacity for trial; or
14(iii) an interlocutory appeal. Any such delay shall
15temporarily suspend, for the time of the delay, the period
16within which the adjudicatory hearing must be held. On the day
17of expiration of the delay, the said period shall continue at
18the point at which it was suspended.
19    (B) When no such adjudicatory hearing is held within the
20time required by paragraph (b)(1)(A) of this Section, the
21court shall, upon motion by any party, dismiss the petition
22with prejudice.
23    (2) Without affecting the applicability of the tolling and
24multiple prosecution provisions of paragraph (b)(1) of this
25Section, when a petition has been filed alleging that the
26minor requires authoritative intervention and the minor is in

 

 

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1shelter care, the adjudicatory hearing shall be held within 10
2judicial days after the date of the order directing shelter
3care, or the earliest possible date in compliance with the
4notice provisions of Sections 3-17 and 3-18 as to the
5custodial parent, guardian or legal custodian, but no later
6than 30 judicial days from the date of the order of the court
7directing shelter care.
8    (3) Any failure to comply with the time limits of
9paragraph (b)(2) of this Section shall require the immediate
10release of the minor from shelter care, and the time limits of
11paragraph (b)(1) shall apply.
12    (4) Nothing in this Section prevents the minor or the
13minor's parents or guardian from exercising their respective
14rights to waive the time limits set forth in this Section.
15(Source: P.A. 85-601.)
 
16    (705 ILCS 405/3-17)  (from Ch. 37, par. 803-17)
17    Sec. 3-17. Summons. (1) When a petition is filed, the
18clerk of the court shall issue a summons with a copy of the
19petition attached. The summons shall be directed to the
20minor's legal guardian or custodian and to each person named
21as a respondent in the petition, except that summons need not
22be directed to a minor respondent under 8 years of age for whom
23the court appoints a guardian ad litem if the guardian ad litem
24appears on behalf of the minor in any proceeding under this
25Act.

 

 

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1    (2) The summons must contain a statement that the minor or
2any of the respondents is entitled to have an attorney present
3at the hearing on the petition, and that the clerk of the court
4should be notified promptly if the minor or any other
5respondent desires to be represented by an attorney but is
6financially unable to employ counsel.
7    (3) The summons shall be issued under the seal of the
8court, attested to and signed with the name of the clerk of the
9court, dated on the day it is issued, and shall require each
10respondent to appear and answer the petition on the date set
11for the adjudicatory hearing.
12    (4) The summons may be served by any county sheriff,
13coroner or probation officer, even though the officer is the
14petitioner. The return of the summons with endorsement of
15service by the officer is sufficient proof thereof.
16    (5) Service of a summons and petition shall be made by: (a)
17leaving a copy thereof with the person summoned at least 3 days
18before the time stated therein for appearance; (b) leaving a
19copy at the summoned person's his usual place of abode with
20some person of the family, of the age of 10 years or upwards,
21and informing that person of the contents thereof, provided
22the officer or other person making service shall also send a
23copy of the summons in a sealed envelope with postage fully
24prepaid, addressed to the person summoned at the person's his
25usual place of abode, at least 3 days before the time stated
26therein for appearance; or (c) leaving a copy thereof with the

 

 

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1guardian or custodian of a minor, at least 3 days before the
2time stated therein for appearance. If the guardian or
3custodian is an agency of the State of Illinois, proper
4service may be made by leaving a copy of the summons and
5petition with any administrative employee of such agency
6designated by such agency to accept service of summons and
7petitions. The certificate of the officer or affidavit of the
8person that the officer or person he has sent the copy pursuant
9to this Section is sufficient proof of service.
10    (6) When a parent or other person, who has signed a written
11promise to appear and bring the minor to court or who has
12waived or acknowledged service, fails to appear with the minor
13on the date set by the court, a bench warrant may be issued for
14the parent or other person, the minor, or both.
15    (7) The appearance of the minor's legal guardian or
16custodian, or a person named as a respondent in a petition, in
17any proceeding under this Act shall constitute a waiver of
18service of summons and submission to the jurisdiction of the
19court. A copy of the summons and petition shall be provided to
20the person at the time of the person's his appearance.
21(Source: P.A. 86-441.)
 
22    (705 ILCS 405/3-18)  (from Ch. 37, par. 803-18)
23    Sec. 3-18. Notice by certified mail or publication.
24    (1) If service on individuals as provided in Section 3-17
25is not made on any respondent within a reasonable time or if it

 

 

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1appears that any respondent resides outside the State, service
2may be made by certified mail. In such case the clerk shall
3mail the summons and a copy of the petition to that respondent
4by certified mail marked for delivery to addressee only. The
5court shall not proceed with the adjudicatory hearing until 5
6days after such mailing. The regular return receipt for
7certified mail is sufficient proof of service.
8    (2) If service upon individuals as provided in Section
93-17 is not made on any respondents within a reasonable time or
10if any person is made a respondent under the designation of
11"All whom it may Concern", or if service cannot be made because
12the whereabouts of a respondent are unknown, service may be
13made by publication. The clerk of the court as soon as possible
14shall cause publication to be made once in a newspaper of
15general circulation in the county where the action is pending.
16Notice by publication is not required in any case when the
17person alleged to have legal custody of the minor has been
18served with summons personally or by certified mail, but the
19court may not enter any order or judgment against any person
20who cannot be served with process other than by publication
21unless notice by publication is given or unless that person
22appears. When a minor has been sheltered under Section 3-12 of
23this Act and summons has not been served personally or by
24certified mail within 20 days from the date of the order of the
25court directing such shelter care, the clerk of the court
26shall cause publication. Notice by publication shall be

 

 

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1substantially as follows:
2    "A, B, C, D, (here giving the names of the named
3respondents, if any) and to All Whom It May Concern (if there
4is any respondent under that designation):
5    Take notice that on (insert date) a petition was filed
6under the Juvenile Court Act of 1987 by .... in the circuit
7court of .... county entitled 'In the interest of ...., a
8minor', and that in .... courtroom at .... on (insert date) at
9the hour of ...., or as soon thereafter as this cause may be
10heard, an adjudicatory hearing will be held upon the petition
11to have the child declared to be a ward of the court under that
12Act. The court has authority in this proceeding to take from
13you the custody and guardianship of the minor, (and if the
14petition prays for the appointment of a guardian with power to
15consent to adoption) and to appoint a guardian with power to
16consent to adoption of the minor.
17    Now, unless you appear at the hearing and show cause
18against the petition, the allegations of the petition may
19stand admitted as against you and each of you, and an order or
20judgment entered.
21
......................
22
Clerk
         
23Dated (insert the date of publication)"
24    (3) The clerk shall also at the time of the publication of
25the notice send a copy thereof by mail to each of the
26respondents on account of whom publication is made at the his

 

 

SB3961- 463 -LRB102 22864 WGH 32015 b

1or her last known address of each respondent. The certificate
2of the clerk that the clerk he or she has mailed the notice is
3evidence thereof. No other publication notice is required.
4Every respondent notified by publication under this Section
5must appear and answer in open court at the hearing. The court
6may not proceed with the adjudicatory hearing until 10 days
7after service by publication on any custodial parent, guardian
8or legal custodian in the case of a minor requiring
9authoritative intervention.
10    (4) If it becomes necessary to change the date set for the
11hearing in order to comply with Section 3-17 or with this
12Section, notice of the resetting of the date must be given, by
13certified mail or other reasonable means, to each respondent
14who has been served with summons personally or by certified
15mail.
16(Source: P.A. 91-357, eff. 7-29-99.)
 
17    (705 ILCS 405/3-19)  (from Ch. 37, par. 803-19)
18    Sec. 3-19. Guardian ad litem.
19    (1) Immediately upon the filing of a petition alleging
20that the minor requires authoritative intervention, the court
21may appoint a guardian ad litem for the minor if
22        (a) such petition alleges that the minor is the victim
23    of sexual abuse or misconduct; or
24        (b) such petition alleges that charges alleging the
25    commission of any of the sex offenses defined in Article

 

 

SB3961- 464 -LRB102 22864 WGH 32015 b

1    11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
2    11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
3    Criminal Code of 1961 or the Criminal Code of 2012, have
4    been filed against a defendant in any court and that such
5    minor is the alleged victim of the acts of the defendant in
6    the commission of such offense.
7    (2) Unless the guardian ad litem appointed pursuant to
8paragraph (1) is an attorney at law, the guardian ad litem he
9shall be represented in the performance of the guardian ad
10litem's his duties by counsel.
11    (3) Before proceeding with the hearing, the court shall
12appoint a guardian ad litem for the minor if
13        (a) no parent, guardian, custodian or relative of the
14    minor appears at the first or any subsequent hearing of
15    the case;
16        (b) the petition prays for the appointment of a
17    guardian with power to consent to adoption; or
18        (c) the petition for which the minor is before the
19    court resulted from a report made pursuant to the Abused
20    and Neglected Child Reporting Act.
21    (4) The court may appoint a guardian ad litem for the minor
22whenever it finds that there may be a conflict of interest
23between the minor and the minor's his parents or other
24custodian or that it is otherwise in the minor's interest to do
25so.
26    (5) The reasonable fees of a guardian ad litem appointed

 

 

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1under this Section shall be fixed by the court and charged to
2the parents of the minor, to the extent they are able to pay.
3If the parents are unable to pay those fees, they shall be paid
4from the general fund of the county.
5(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
6    (705 ILCS 405/3-21)  (from Ch. 37, par. 803-21)
7    Sec. 3-21. Continuance under supervision.
8    (1) The court may enter an order of continuance under
9supervision (a) upon an admission or stipulation by the
10appropriate respondent or minor respondent of the facts
11supporting the petition and before proceeding to findings and
12adjudication, or after hearing the evidence at the
13adjudicatory hearing but before noting in the minutes of
14proceedings a finding of whether or not the minor is a person
15requiring authoritative intervention; and (b) in the absence
16of objection made in open court by the minor, the minor's his
17parent, guardian, custodian, responsible relative, defense
18attorney or the State's Attorney.
19    (2) If the minor, the minor's his parent, guardian,
20custodian, responsible relative, defense attorney or State's
21Attorney, objects in open court to any such continuance and
22insists upon proceeding to findings and adjudication, the
23court shall so proceed.
24    (3) Nothing in this Section limits the power of the court
25to order a continuance of the hearing for the production of

 

 

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1additional evidence or for any other proper reason.
2    (4) When a hearing where a minor is alleged to be a minor
3requiring authoritative intervention is continued pursuant to
4this Section, the court may permit the minor to remain in the
5minor's his home subject to such conditions concerning the
6minor's his conduct and supervision as the court may require
7by order.
8    (5) If a petition is filed charging a violation of a
9condition of the continuance under supervision, the court
10shall conduct a hearing. If the court finds that such
11condition of supervision has not been fulfilled the court may
12proceed to findings and adjudication and disposition. The
13filing of a petition for violation of a condition of the
14continuance under supervision shall toll the period of
15continuance under supervision until the final determination of
16the charge, and the term of the continuance under supervision
17shall not run until the hearing and disposition of the
18petition for violation; provided where the petition alleges
19conduct that does not constitute a criminal offense, the
20hearing must be held within 15 days of the filing of the
21petition unless a delay in such hearing has been occasioned by
22the minor, in which case the delay shall continue the tolling
23of the period of continuance under supervision for the period
24of such delay.
25    (6) The court must impose upon a minor under an order of
26continuance under supervision or an order of disposition under

 

 

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1this Article III, as a condition of the order, a fee of $25 for
2each month or partial month of supervision with a probation
3officer. If the court determines the inability of the minor,
4or the parent, guardian, or legal custodian of the minor to pay
5the fee, the court may impose a lesser fee. The court may not
6impose the fee on a minor who is placed in the guardianship or
7custody of the Department of Children and Family Services
8under this Act. The fee may be imposed only upon a minor who is
9actively supervised by the probation and court services
10department. The fee must be collected by the clerk of the
11circuit court. The clerk of the circuit court must pay all
12monies collected from this fee to the county treasurer for
13deposit into the probation and court services fund under
14Section 15.1 of the Probation and Probation Officers Act.
15(Source: P.A. 100-159, eff. 8-18-17.)
 
16    (705 ILCS 405/3-22)  (from Ch. 37, par. 803-22)
17    Sec. 3-22. Findings and adjudication.
18    (1) After hearing the evidence the court shall make and
19note in the minutes of the proceeding a finding of whether or
20not the person is a minor requiring authoritative
21intervention. If it finds that the minor is not such a person,
22the court shall order the petition dismissed and the minor
23discharged from any restriction previously ordered in such
24proceeding.
25    (2) If the court finds that the person is a minor requiring

 

 

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1authoritative intervention, the court shall note in its
2findings that the minor he or she does require authoritative
3intervention. The court shall then set a time for a
4dispositional hearing to be conducted under Section 3-23 at
5which hearing the court shall determine whether it is in the
6best interests of the minor and the public that the minor he be
7made a ward of the court. To assist the court in making this
8and other determinations at the dispositional hearing, the
9court may order that an investigation be conducted and a
10dispositional report be prepared concerning the minor's
11physical and mental history and condition, family situation
12and background, economic status, education, occupation,
13history of delinquency or criminality, personal habits, and
14any other information that may be helpful to the court.
15(Source: P.A. 85-601.)
 
16    (705 ILCS 405/3-23)  (from Ch. 37, par. 803-23)
17    Sec. 3-23. Dispositional hearing; evidence; continuance.
18(1) At the dispositional hearing, the court shall determine
19whether it is in the best interests of the minor and the public
20that the minor he be made a ward of the court, and, if the
21minor he is to be made a ward of the court, the court shall
22determine the proper disposition best serving the interests of
23the minor and the public. All evidence helpful in determining
24these questions, including oral and written reports, may be
25admitted and may be relied upon to the extent of its probative

 

 

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1value, even though not competent for the purposes of the
2adjudicatory hearing.
3    (2) Notice in compliance with Sections 3-17 and 3-18 must
4be given to all parties-respondent prior to proceeding to a
5dispositional hearing. Before making an order of disposition
6the court shall advise the State's Attorney, the parents,
7guardian, custodian or responsible relative or their counsel
8of the factual contents and the conclusions of the reports
9prepared for the use of the court and considered by it, and
10afford fair opportunity, if requested, to controvert them. The
11court may order, however, that the documents containing such
12reports need not be submitted for inspection, or that sources
13of confidential information need not be disclosed except to
14the attorneys for the parties. Factual contents, conclusions,
15documents and sources disclosed by the court under this
16paragraph shall not be further disclosed without the express
17approval of the court pursuant to an in camera hearing.
18    (3) A record of a prior continuance under supervision
19under Section 3-21, whether successfully completed or not, is
20admissible at the dispositional hearing.
21    (4) On its own motion or that of the State's Attorney, a
22parent, guardian, custodian, responsible relative or counsel,
23the court may adjourn the hearing for a reasonable period to
24receive reports or other evidence. In scheduling
25investigations and hearings, the court shall give priority to
26proceedings in which a minor has been removed from the minor's

 

 

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1his or her home before an order of disposition has been made.
2(Source: P.A. 85-601.)
 
3    (705 ILCS 405/3-24)  (from Ch. 37, par. 803-24)
4    Sec. 3-24. Kinds of dispositional orders.
5    (1) The following kinds of orders of disposition may be
6made in respect to wards of the court: A minor found to be
7requiring authoritative intervention under Section 3-3 may be
8(a) committed to the Department of Children and Family
9Services, subject to Section 5 of the Children and Family
10Services Act; (b) placed under supervision and released to the
11minor's his or her parents, guardian or legal custodian; (c)
12placed in accordance with Section 3-28 with or without also
13being placed under supervision. Conditions of supervision may
14be modified or terminated by the court if it deems that the
15best interests of the minor and the public will be served
16thereby; (d) ordered partially or completely emancipated in
17accordance with the provisions of the Emancipation of Minors
18Act; or (e) subject to having the minor's his or her driver's
19license or driving privilege suspended for such time as
20determined by the Court but only until the minor he or she
21attains 18 years of age.
22    (2) Any order of disposition may provide for protective
23supervision under Section 3-25 and may include an order of
24protection under Section 3-26.
25    (3) Unless the order of disposition expressly so provides,

 

 

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1it does not operate to close proceedings on the pending
2petition, but is subject to modification until final closing
3and discharge of the proceedings under Section 3-32.
4    (4) In addition to any other order of disposition, the
5court may order any person found to be a minor requiring
6authoritative intervention under Section 3-3 to make
7restitution, in monetary or non-monetary form, under the terms
8and conditions of Section 5-5-6 of the Unified Code of
9Corrections, except that the "presentence hearing" referred to
10therein shall be the dispositional hearing for purposes of
11this Section. The parent, guardian or legal custodian of the
12minor may pay some or all of such restitution on the minor's
13behalf.
14    (5) Any order for disposition where the minor is committed
15or placed in accordance with Section 3-28 shall provide for
16the parents or guardian of the estate of such minor to pay to
17the legal custodian or guardian of the person of the minor such
18sums as are determined by the custodian or guardian of the
19person of the minor as necessary for the minor's needs. Such
20payments may not exceed the maximum amounts provided for by
21Section 9.1 of the Children and Family Services Act.
22    (6) Whenever the order of disposition requires the minor
23to attend school or participate in a program of training, the
24truant officer or designated school official shall regularly
25report to the court if the minor is a chronic or habitual
26truant under Section 26-2a of the School Code.

 

 

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1    (7) The court must impose upon a minor under an order of
2continuance under supervision or an order of disposition under
3this Article III, as a condition of the order, a fee of $25 for
4each month or partial month of supervision with a probation
5officer. If the court determines the inability of the minor,
6or the parent, guardian, or legal custodian of the minor to pay
7the fee, the court may impose a lesser fee. The court may not
8impose the fee on a minor who is placed in the guardianship or
9custody of the Department of Children and Family Services
10under this Act. The fee may be imposed only upon a minor who is
11actively supervised by the probation and court services
12department. The fee must be collected by the clerk of the
13circuit court. The clerk of the circuit court must pay all
14monies collected from this fee to the county treasurer for
15deposit into the probation and court services fund under
16Section 15.1 of the Probation and Probation Officers Act.
17(Source: P.A. 100-159, eff. 8-18-17.)
 
18    (705 ILCS 405/3-25)  (from Ch. 37, par. 803-25)
19    Sec. 3-25. Protective supervision. If the order of
20disposition releases the minor to the custody of the minor's
21his parents, guardian or legal custodian, or continues the
22minor him in such custody, the court may place the person
23having custody of the minor, except for representatives of
24private or public agencies or governmental departments, under
25supervision of the probation office. Rules or orders of court

 

 

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1shall define the terms and conditions of protective
2supervision, which may be modified or terminated when the
3court finds that the best interests of the minor and the public
4will be served thereby.
5(Source: P.A. 85-601.)
 
6    (705 ILCS 405/3-26)  (from Ch. 37, par. 803-26)
7    Sec. 3-26. Order of protection.
8    (1) The court may make an order of protection in
9assistance of or as a condition of any other order authorized
10by this Act. The order of protection may set forth reasonable
11conditions of behavior to be observed for a specified period.
12Such an order may require a person:
13        (a) To stay away from the home or the minor;
14        (b) To permit a parent to visit the minor at stated
15    periods;
16        (c) To abstain from offensive conduct against the
17    minor, the minor's his parent or any person to whom
18    custody of the minor is awarded;
19        (d) To give proper attention to the care of the home;
20        (e) To cooperate in good faith with an agency to which
21    custody of a minor is entrusted by the court or with an
22    agency or association to which the minor is referred by
23    the court;
24        (f) To prohibit and prevent any contact whatsoever
25    with the respondent minor by a specified individual or

 

 

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1    individuals who are alleged in either a criminal or
2    juvenile proceeding to have caused injury to a respondent
3    minor or a sibling of a respondent minor;
4        (g) To refrain from acts of commission or omission
5    that tend to make the home not a proper place for the
6    minor.
7    (2) The court shall enter an order of protection to
8prohibit and prevent any contact between a respondent minor or
9a sibling of a respondent minor and any person named in a
10petition seeking an order of protection who has been convicted
11of heinous battery or aggravated battery under subdivision
12(a)(2) of Section 12-3.05, aggravated battery of a child or
13aggravated battery under subdivision (b)(1) of Section
1412-3.05, criminal sexual assault, aggravated criminal sexual
15assault, predatory criminal sexual assault of a child,
16criminal sexual abuse, or aggravated criminal sexual abuse as
17described in the Criminal Code of 1961 or the Criminal Code of
182012, or has been convicted of an offense that resulted in the
19death of a child, or has violated a previous order of
20protection under this Section.
21    (3) When the court issues an order of protection against
22any person as provided by this Section, the court shall direct
23a copy of such order to the Sheriff of that county. The Sheriff
24shall furnish a copy of the order of protection to the Illinois
25State Police within 24 hours of receipt, in the form and manner
26required by the Department. The Illinois State Police shall

 

 

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1maintain a complete record and index of such orders of
2protection and make this data available to all local law
3enforcement agencies.
4    (4) After notice and opportunity for hearing afforded to a
5person subject to an order of protection, the order may be
6modified or extended for a further specified period or both or
7may be terminated if the court finds that the best interests of
8the minor and the public will be served thereby.
9    (5) An order of protection may be sought at any time during
10the course of any proceeding conducted pursuant to this Act.
11Any person against whom an order of protection is sought may
12retain counsel to represent the person him at a hearing, and
13has rights to be present at the hearing, to be informed prior
14to the hearing in writing of the contents of the petition
15seeking a protective order and of the date, place and time of
16such hearing, and to cross examine witnesses called by the
17petitioner and to present witnesses and argument in opposition
18to the relief sought in the petition.
19    (6) Diligent efforts shall be made by the petitioner to
20serve any person or persons against whom any order of
21protection is sought with written notice of the contents of
22the petition seeking a protective order and of the date, place
23and time at which the hearing on the petition is to be held.
24When a protective order is being sought in conjunction with a
25shelter care hearing, if the court finds that the person
26against whom the protective order is being sought has been

 

 

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1notified of the hearing or that diligent efforts have been
2made to notify such person, the court may conduct a hearing. If
3a protective order is sought at any time other than in
4conjunction with a shelter care hearing, the court may not
5conduct a hearing on the petition in the absence of the person
6against whom the order is sought unless the petitioner has
7notified such person by personal service at least 3 days
8before the hearing or has sent written notice by first class
9mail to such person's last known address at least 5 days before
10the hearing.
11    (7) A person against whom an order of protection is being
12sought who is neither a parent, guardian, legal custodian or
13responsible relative as described in Section 1-5 is not a
14party or respondent as defined in that Section and shall not be
15entitled to the rights provided therein. Such person does not
16have a right to appointed counsel or to be present at any
17hearing other than the hearing in which the order of
18protection is being sought or a hearing directly pertaining to
19that order. Unless the court orders otherwise, such person
20does not have a right to inspect the court file.
21    (8) All protective orders entered under this Section shall
22be in writing. Unless the person against whom the order was
23obtained was present in court when the order was issued, the
24sheriff, other law enforcement official or special process
25server shall promptly serve that order upon that person and
26file proof of such service, in the manner provided for service

 

 

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1of process in civil proceedings. The person against whom the
2protective order was obtained may seek a modification of the
3order by filing a written motion to modify the order within 7
4days after actual receipt by the person of a copy of the order.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    (705 ILCS 405/3-27)  (from Ch. 37, par. 803-27)
7    Sec. 3-27. Enforcement of orders of protective supervision
8or of protection.
9    (1) Orders of protective supervision and orders of
10protection may be enforced by citation to show cause for
11contempt of court by reason of any violation thereof and,
12where protection of the welfare of the minor so requires, by
13the issuance of a warrant to take the alleged violator into
14custody and bring the minor him before the court.
15    (2) In any case where an order of protection has been
16entered, the clerk of the court may issue to the petitioner, to
17the minor or to any other person affected by the order a
18certificate stating that an order of protection has been made
19by the court concerning such persons and setting forth its
20terms and requirements. The presentation of the certificate to
21any peace officer authorizes the peace officer him to take
22into custody a person charged with violating the terms of the
23order of protection, to bring such person before the court
24and, within the limits of the peace officer's his legal
25authority as such peace officer, otherwise to aid in securing

 

 

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1the protection the order is intended to afford.
2(Source: P.A. 85-601.)
 
3    (705 ILCS 405/3-28)  (from Ch. 37, par. 803-28)
4    Sec. 3-28. Placement; legal custody or guardianship.
5    (1) If the court finds that the parents, guardian or legal
6custodian of a minor adjudged a ward of the court are unfit or
7are unable, for some reason other than financial circumstances
8alone, to care for, protect, train or discipline the minor or
9are unwilling to do so, and that appropriate services aimed at
10family preservation and family reunification have been
11unsuccessful in rectifying the conditions which have led to
12such a finding of unfitness or inability to care for, protect,
13train or discipline the minor, and that it is in the best
14interest of the minor to take the minor him from the custody of
15the minor's his parents, guardian or custodian, the court may:
16        (a) place the minor him in the custody of a suitable
17    relative or other person;
18        (b) place the minor him under the guardianship of a
19    probation officer;
20        (c) commit the minor him to an agency for care or
21    placement, except an institution under the authority of
22    the Department of Juvenile Justice or of the Department of
23    Children and Family Services;
24        (d) commit the minor him to some licensed training
25    school or industrial school; or

 

 

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1        (e) commit the minor him to any appropriate
2    institution having among its purposes the care of
3    delinquent children, including a child protective facility
4    maintained by a Child Protection District serving the
5    county from which commitment is made, but not including
6    any institution under the authority of the Department of
7    Juvenile Justice or of the Department of Children and
8    Family Services.
9    (2) When making such placement, the court, wherever
10possible, shall select a person holding the same religious
11belief as that of the minor or a private agency controlled by
12persons of like religious faith of the minor and shall require
13the Department of Children and Family Services to otherwise
14comply with Section 7 of the Children and Family Services Act
15in placing the child. In addition, whenever alternative plans
16for placement are available, the court shall ascertain and
17consider, to the extent appropriate in the particular case,
18the views and preferences of the minor.
19    (3) When a minor is placed with a suitable relative or
20other person, the court shall appoint the suitable relative or
21other person as him the legal custodian or guardian of the
22person of the minor. When a minor is committed to any agency,
23the court shall appoint the proper officer or representative
24thereof as legal custodian or guardian of the person of the
25minor. Legal custodians and guardians of the person of the
26minor have the respective rights and duties set forth in

 

 

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1paragraph (9) of Section 1-3 except as otherwise provided by
2order of the court; but no guardian of the person may consent
3to adoption of the minor unless that authority is conferred
4upon the guardian him in accordance with Section 3-30. An
5agency whose representative is appointed guardian of the
6person or legal custodian of the minor may place the minor him
7in any child care facility, but such facility must be licensed
8under the Child Care Act of 1969 or have been approved by the
9Department of Children and Family Services as meeting the
10standards established for such licensing. No agency may place
11such minor in a child care facility unless such placement is in
12compliance with the rules and regulations for placement under
13this Section promulgated by the Department of Children and
14Family Services under Section 5 of the Children and Family
15Services Act "An Act creating the Department of Children and
16Family Services, codifying its powers and duties, and
17repealing certain Acts and Sections herein named". Like
18authority and restrictions shall be conferred by the court
19upon any probation officer who has been appointed guardian of
20the person of a minor.
21    (4) No placement by any probation officer or agency whose
22representative is appointed guardian of the person or legal
23custodian of a minor may be made in any out of State child care
24facility unless it complies with the Interstate Compact on the
25Placement of Children.
26    (5) The clerk of the court shall issue to such legal

 

 

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1custodian or guardian of the person a certified copy of the
2order of the court, as proof of the legal custodian's or
3guardian's his authority. No other process is necessary as
4authority for the keeping of the minor.
5    (6) Custody or guardianship granted hereunder continues
6until the court otherwise directs, but not after the minor
7reaches the age of 19 years except as set forth in Section
83-32.
9(Source: P.A. 98-83, eff. 7-15-13.)
 
10    (705 ILCS 405/3-29)  (from Ch. 37, par. 803-29)
11    Sec. 3-29. Court review. (1) The court may require any
12legal custodian or guardian of the person appointed under this
13Act to report periodically to the court or may cite the legal
14custodian or guardian him into court and require the legal
15custodian, guardian, him or the legal custodian's or
16guardian's his agency, to make a full and accurate report of
17the his or its doings of the legal custodian, guardian, or
18agency on in behalf of the minor. The custodian or guardian,
19within 10 days after such citation, shall make the report,
20either in writing verified by affidavit or orally under oath
21in open court, or otherwise as the court directs. Upon the
22hearing of the report the court may remove the custodian or
23guardian and appoint another in the custodian's or guardian's
24his stead or restore the minor to the custody of the minor's
25his parents or former guardian or custodian.

 

 

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1    (2) A guardian or custodian appointed by the court
2pursuant to this Act shall file updated case plans with the
3court every 6 months. Every agency which has guardianship of a
4child shall file a supplemental petition for court review, or
5review by an administrative body appointed or approved by the
6court and further order within 18 months of dispositional
7order and each 18 months thereafter. Such petition shall state
8facts relative to the child's present condition of physical,
9mental and emotional health as well as facts relative to the
10child's his present custodial or foster care. The petition
11shall be set for hearing and the clerk shall mail 10 days
12notice of the hearing by certified mail, return receipt
13requested, to the person or agency having the physical custody
14of the child, the minor and other interested parties unless a
15written waiver of notice is filed with the petition.
16    Rights of wards of the court under this Act are
17enforceable against any public agency by complaints for relief
18by mandamus filed in any proceedings brought under this Act.
19    (3) The minor or any person interested in the minor may
20apply to the court for a change in custody of the minor and the
21appointment of a new custodian or guardian of the person or for
22the restoration of the minor to the custody of the minor's his
23parents or former guardian or custodian.
24    In the event that the minor has attained 18 years of age
25and the guardian or custodian petitions the court for an order
26terminating the minor's his guardianship or custody,

 

 

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1guardianship or custody shall terminate automatically 30 days
2after the receipt of the petition unless the court orders
3otherwise. No legal custodian or guardian of the person may be
4removed without the legal custodian's or guardian's his
5consent until given notice and an opportunity to be heard by
6the court.
7(Source: P.A. 85-601.)
 
8    (705 ILCS 405/3-30)  (from Ch. 37, par. 803-30)
9    Sec. 3-30. Adoption; appointment of guardian with power to
10consent.
11    (1) A ward of the court under this Act, with the consent of
12the court, may be the subject of a petition for adoption under
13the Adoption Act "An Act in relation to the adoption of
14persons, and to repeal an Act therein named", approved July
1517, 1959, as amended, or with like consent the minor's his or
16her parent or parents may, in the manner required by such Act,
17surrender the minor him or her for adoption to an agency
18legally authorized or licensed to place children for adoption.
19    (2) If the petition prays and the court finds that it is in
20the best interests of the minor that a guardian of the person
21be appointed and authorized to consent to the adoption of the
22minor, the court with the consent of the parents, if living, or
23after finding, based upon clear and convincing evidence, that
24a non-consenting parent is an unfit person as defined in
25Section 1 of the Adoption Act "An Act in relation to the

 

 

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1adoption of persons, and to repeal an Act therein named",
2approved July 17, 1959, as amended, may empower the guardian
3of the person of the minor, in the order appointing the person
4him or her as such guardian, to appear in court where any
5proceedings for the adoption of the minor may at any time be
6pending and to consent to the adoption. Such consent is
7sufficient to authorize the court in the adoption proceedings
8to enter a proper order or judgment of adoption without
9further notice to, or consent by, the parents of the minor. An
10order so empowering the guardian to consent to adoption
11terminates parental rights, deprives the parents of the minor
12of all legal rights as respects the minor and relieves them of
13all parental responsibility for the minor him or her, and
14frees the minor from all obligations of maintenance and
15obedience to the minor's his or her natural parents.
16    If the minor is over 14 years of age, the court may, in its
17discretion, consider the wishes of the minor in determining
18whether the best interests of the minor would be promoted by
19the finding of the unfitness of a non-consenting parent.
20    (3) Parental consent to the order authorizing the guardian
21of the person to consent to adoption of the Minor shall be
22given in open court whenever possible and otherwise must be in
23writing and signed in the form provided in the Adoption Act "An
24Act in relation to the adoption of persons, and to repeal an
25Act therein named", approved July 17, 1959, as amended, but no
26names of petitioners for adoption need be included. A finding

 

 

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1of the unfitness of a nonconsenting parent must be made in
2compliance with that Act and be based upon clear and
3convincing evidence. Provisions of that Act relating to minor
4parents and to mentally ill or mentally deficient parents
5apply to proceedings under this Section and shall be based
6upon clear and convincing evidence.
7(Source: P.A. 85-601.)
 
8    (705 ILCS 405/3-32)  (from Ch. 37, par. 803-32)
9    Sec. 3-32. Duration of wardship and discharge of
10proceedings.
11    (1) All proceedings under this Act in respect to any minor
12for whom a petition was filed after the effective date of this
13amendatory Act of 1991 automatically terminate upon the minor
14his attaining the age of 19 years, except that a court may
15continue the wardship of a minor until age 21 for good cause
16when there is satisfactory evidence presented to the court
17that the best interest of the minor and the public require the
18continuation of the wardship.
19    (2) Whenever the court finds that the best interests of
20the minor and the public no longer require the wardship of the
21court, the court shall order the wardship terminated and all
22proceedings under this Act respecting that minor finally
23closed and discharged. The court may at the same time continue
24or terminate any custodianship or guardianship theretofore
25ordered but termination must be made in compliance with

 

 

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1Section 3-29.
2    (3) The wardship of the minor and any custodianship or
3guardianship respecting the minor for whom a petition was
4filed after the effective date of this amendatory Act of 1991
5automatically terminates when the minor he attains the age of
619 years except as set forth in subsection (1) of this Section.
7The clerk of the court shall at that time record all
8proceedings under this Act as finally closed and discharged
9for that reason.
10(Source: P.A. 87-14.)
 
11    (705 ILCS 405/3-33.5)
12    Sec. 3-33.5. Truant minors in need of supervision.
13    (a) Definition. A minor who is reported by the office of
14the regional superintendent of schools as a chronic truant may
15be subject to a petition for adjudication and adjudged a
16truant minor in need of supervision, provided that prior to
17the filing of the petition, the office of the regional
18superintendent of schools or a community truancy review board
19certifies that the local school has provided appropriate
20truancy intervention services to the truant minor and the
21minor's his or her family. For purposes of this Section,
22"truancy intervention services" means services designed to
23assist the minor's return to an educational program, and
24includes but is not limited to: assessments, counseling,
25mental health services, shelter, optional and alternative

 

 

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1education programs, tutoring, and educational advocacy. If,
2after review by the regional office of education or community
3truancy review board, it is determined the local school did
4not provide the appropriate interventions, then the minor
5shall be referred to a comprehensive community based youth
6service agency for truancy intervention services. If the
7comprehensive community based youth service agency is
8incapable to provide intervention services, then this
9requirement for services is not applicable. The comprehensive
10community based youth service agency shall submit reports to
11the office of the regional superintendent of schools or
12truancy review board within 20, 40, and 80 school days of the
13initial referral or at any other time requested by the office
14of the regional superintendent of schools or truancy review
15board, which reports each shall certify the date of the
16minor's referral and the extent of the minor's progress and
17participation in truancy intervention services provided by the
18comprehensive community based youth service agency. In
19addition, if, after referral by the office of the regional
20superintendent of schools or community truancy review board,
21the minor declines or refuses to fully participate in truancy
22intervention services provided by the comprehensive community
23based youth service agency, then the agency shall immediately
24certify such facts to the office of the regional
25superintendent of schools or community truancy review board.
26    (a-1) There is a rebuttable presumption that a chronic

 

 

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1truant is a truant minor in need of supervision.
2    (a-2) There is a rebuttable presumption that school
3records of a minor's attendance at school are authentic.
4    (a-3) For purposes of this Section, "chronic truant" has
5the meaning ascribed to it in Section 26-2a of the School Code.
6    (a-4) For purposes of this Section, a "community truancy
7review board" is a local community based board comprised of
8but not limited to: representatives from local comprehensive
9community based youth service agencies, representatives from
10court service agencies, representatives from local schools,
11representatives from health service agencies, and
12representatives from local professional and community
13organizations as deemed appropriate by the office of the
14regional superintendent of schools. The regional
15superintendent of schools must approve the establishment and
16organization of a community truancy review board, and the
17regional superintendent of schools or the regional
18superintendent's his or her designee shall chair the board.
19    (a-5) Nothing in this Section shall be construed to create
20a private cause of action or right of recovery against a
21regional office of education, its superintendent, or its staff
22with respect to truancy intervention services where the
23determination to provide the services is made in good faith.
24    (b) Kinds of dispositional orders. A minor found to be a
25truant minor in need of supervision may be:
26        (1) committed to the appropriate regional

 

 

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1    superintendent of schools for a student assistance team
2    staffing, a service plan, or referral to a comprehensive
3    community based youth service agency;
4        (2) required to comply with a service plan as
5    specifically provided by the appropriate regional
6    superintendent of schools;
7        (3) ordered to obtain counseling or other supportive
8    services;
9        (4) (blank);
10        (5) required to perform some reasonable public service
11    work such as, but not limited to, the picking up of litter
12    in public parks or along public highways or the
13    maintenance of public facilities; or
14        (6) (blank).
15    A dispositional order may include public service only if
16the court has made an express written finding that a truancy
17prevention program has been offered by the school, regional
18superintendent of schools, or a comprehensive community based
19youth service agency to the truant minor in need of
20supervision.
21    (c) Orders entered under this Section may be enforced by
22contempt proceedings.
23(Source: P.A. 102-456, eff. 1-1-22.)
 
24    (705 ILCS 405/4-1)  (from Ch. 37, par. 804-1)
25    Sec. 4-1. Jurisdictional facts. Proceedings may be

 

 

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1instituted under the provisions of this Article concerning
2minors boys and girls who are addicted as defined in Section
34-3.
4(Source: P.A. 85-601.)
 
5    (705 ILCS 405/4-4)  (from Ch. 37, par. 804-4)
6    Sec. 4-4. Taking into custody.
7    (1) A law enforcement officer may, without a warrant, take
8into temporary custody a minor (a) whom the officer with
9reasonable cause believes to be an addicted minor; (b) who has
10been adjudged a ward of the court and has escaped from any
11commitment ordered by the court under this Act; or (c) who is
12found in any street or public place suffering from any
13sickness or injury which requires care, medical treatment or
14hospitalization.
15    (2) Whenever a petition has been filed under Section 4-12
16and the court finds that the conduct and behavior of the minor
17may endanger the health, person, welfare, or property of the
18minor himself or others or that the circumstances of the
19minor's his home environment may endanger the minor's his
20health, person, welfare or property, a warrant may be issued
21immediately to take the minor into custody.
22    (3) The taking of a minor into temporary custody under
23this Section is not an arrest nor does it constitute a police
24record.
25    (4) Minors taken into temporary custody under this Section

 

 

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1are subject to the provisions of Section 1-4.1.
2(Source: P.A. 87-1154.)
 
3    (705 ILCS 405/4-5)  (from Ch. 37, par. 804-5)
4    Sec. 4-5. Duty of officer; admissions by minor. (1) A law
5enforcement officer who takes a minor into custody with a
6warrant shall immediately make a reasonable attempt to notify
7the parent or other person legally responsible for the minor's
8care or the person with whom the minor resides that the minor
9has been taken into custody and where the minor he or she is
10being held; and the officer shall without unnecessary delay
11take the minor to the nearest juvenile police officer
12designated for such purposes in the county of venue or shall
13surrender the minor to a juvenile police officer in the city or
14village where the offense is alleged to have been committed.
15    The minor shall be delivered without unnecessary delay to
16the court or to the place designated by rule or order of court
17for the reception of minors, provided that the court may not
18designate a place of detention.
19    (2) A law enforcement officer who takes a minor into
20custody without a warrant under Section 4-4 shall, if the
21minor is not released, immediately make a reasonable attempt
22to notify the parent or other person legally responsible for
23the minor's care or the person with whom the minor resides that
24the minor has been taken into custody and where the minor is
25being held; and the law enforcement officer shall without

 

 

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1unnecessary delay take the minor to the nearest juvenile
2police officer designated for such purposes in the county of
3venue.
4    (3) The juvenile police officer may take one of the
5following actions:
6    (a) station adjustment with release of the minor;
7    (b) station adjustment with release of the minor to a
8parent;
9    (c) station adjustment, release of the minor to a parent,
10and referral of the case to community services;
11    (d) station adjustment, release of the minor to a parent,
12and referral of the case to community services with informal
13monitoring by a juvenile police officer;
14    (e) station adjustment and release of the minor to a third
15person pursuant to agreement of the minor and parents;
16    (f) station adjustment, release of the minor to a third
17person pursuant to agreement of the minor and parents, and
18referral of the case to community services;
19    (g) station adjustment, release of the minor to a third
20person pursuant to agreement of the minor and parents, and
21referral to community services with informal monitoring by a
22juvenile police officer;
23    (h) release of the minor to the minor's his or her parents
24and referral of the case to a county juvenile probation
25officer or such other public officer designated by the court;
26    (i) if the juvenile police officer reasonably believes

 

 

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1that there is an urgent and immediate necessity to keep the
2minor in custody, the juvenile police officer shall deliver
3the minor without unnecessary delay to the court or to the
4place designated by rule or order of the court for the
5reception of minors; and
6    (j) any other appropriate action with consent of the minor
7and a parent.
8(Source: P.A. 85-601.)
 
9    (705 ILCS 405/4-6)  (from Ch. 37, par. 804-6)
10    Sec. 4-6. Temporary custody. "Temporary custody" means the
11temporary placement of the minor out of the custody of the
12minor's his or her guardian or parent.
13    (a) "Temporary protective custody" means custody within a
14hospital or other medical facility or a place previously
15designated for such custody by the Department, subject to
16review by the Court, including a licensed foster home, group
17home, or other institution; but such place shall not be a jail
18or other place for the detention of criminal or juvenile
19offenders.
20    (b) "Shelter care" means a physically unrestrictive
21facility designated by Department of Children and Family
22Services or a licensed child welfare agency or other suitable
23place designated by the court for a minor who requires care
24away from the minor's his or her home.
25(Source: P.A. 85-601.)
 

 

 

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1    (705 ILCS 405/4-7)  (from Ch. 37, par. 804-7)
2    Sec. 4-7. Investigation; release. When a minor is
3delivered to the court, or to the place designated by the court
4under Section 4-6 of this Act, a probation officer or such
5other public officer designated by the court shall immediately
6investigate the circumstances of the minor and the facts
7surrounding the minor his or her being taken into custody. The
8minor shall be immediately released to the custody of the
9minor's his or her parent, guardian, legal custodian or
10responsible relative, unless the probation officer or such
11other public officer designated by the court finds that
12further temporary custody is necessary, as provided in Section
134-6.
14(Source: P.A. 85-601.)
 
15    (705 ILCS 405/4-8)  (from Ch. 37, par. 804-8)
16    Sec. 4-8. Setting of shelter care hearing.
17(1) Unless sooner released, a minor alleged to be addicted
18taken into temporary protective custody must be brought before
19a judicial officer within 48 hours, exclusive of Saturdays,
20Sundays and holidays, for a shelter care hearing to determine
21whether the minor he shall be further held in custody.
22    (2) If the probation officer or such other public officer
23designated by the court determines that the minor should be
24retained in custody, the probation officer or such other

 

 

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1public officer designated by the court he shall cause a
2petition to be filed as provided in Section 4-12 of this Act,
3and the clerk of the court shall set the matter for hearing on
4the shelter care hearing calendar. When a parent, guardian,
5custodian or responsible relative is present and so requests,
6the shelter care hearing shall be held immediately if the
7court is in session, otherwise at the earliest feasible time.
8The probation officer or such other public officer designated
9by the court shall notify the minor's parent, guardian,
10custodian or responsible relative of the time and place of the
11hearing. The notice may be given orally.
12    (3) The minor must be released from custody at the
13expiration of the 48 hour period, as the case may be, specified
14by this Section, if not brought before a judicial officer
15within that period.
16(Source: P.A. 85-601.)
 
17    (705 ILCS 405/4-9)  (from Ch. 37, par. 804-9)
18    Sec. 4-9. Shelter care hearing. At the appearance of the
19minor before the court at the shelter care hearing, all
20witnesses present shall be examined before the court in
21relation to any matter connected with the allegations made in
22the petition.
23    (1) If the court finds that there is not probable cause to
24believe that the minor is addicted, it shall release the minor
25and dismiss the petition.

 

 

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1    (2) If the court finds that there is probable cause to
2believe that the minor is addicted, the minor, the minor's his
3or her parent, guardian, custodian and other persons able to
4give relevant testimony shall be examined before the court.
5After such testimony, the court may enter an order that the
6minor shall be released upon the request of a parent, guardian
7or custodian if the parent, guardian or custodian appears to
8take custody and agrees to abide by a court order which
9requires the minor and the minor's his or her parent,
10guardian, or legal custodian to complete an evaluation by an
11entity licensed by the Department of Human Services, as the
12successor to the Department of Alcoholism and Substance Abuse,
13and complete any treatment recommendations indicated by the
14assessment. "Custodian" includes the Department of Children
15and Family Services, if it has been given custody of the child,
16or any other agency of the State which has been given custody
17or wardship of the child.
18    The Court shall require documentation by representatives
19of the Department of Children and Family Services or the
20probation department as to the reasonable efforts that were
21made to prevent or eliminate the necessity of removal of the
22minor from the minor's his or her home, and shall consider the
23testimony of any person as to those reasonable efforts. If the
24court finds that it is a matter of immediate and urgent
25necessity for the protection of the minor or of the person or
26property of another that the minor be placed in a shelter care

 

 

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1facility or that the minor he or she is likely to flee the
2jurisdiction of the court, and further, finds that reasonable
3efforts have been made or good cause has been shown why
4reasonable efforts cannot prevent or eliminate the necessity
5of removal of the minor from the minor's his or her home, the
6court may prescribe shelter care and order that the minor be
7kept in a suitable place designated by the court or in a
8shelter care facility designated by the Department of Children
9and Family Services or a licensed child welfare agency, or in a
10facility or program licensed by the Department of Human
11Services for shelter and treatment services; otherwise it
12shall release the minor from custody. If the court prescribes
13shelter care, then in placing the minor, the Department or
14other agency shall, to the extent compatible with the court's
15order, comply with Section 7 of the Children and Family
16Services Act. If the minor is ordered placed in a shelter care
17facility of the Department of Children and Family Services or
18a licensed child welfare agency, or in a facility or program
19licensed by the Department of Human Services for shelter and
20treatment services, the court shall, upon request of the
21appropriate Department or other agency, appoint the Department
22of Children and Family Services Guardianship Administrator or
23other appropriate agency executive temporary custodian of the
24minor and the court may enter such other orders related to the
25temporary custody as it deems fit and proper, including the
26provision of services to the minor or the minor's his family to

 

 

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1ameliorate the causes contributing to the finding of probable
2cause or to the finding of the existence of immediate and
3urgent necessity. Acceptance of services shall not be
4considered an admission of any allegation in a petition made
5pursuant to this Act, nor may a referral of services be
6considered as evidence in any proceeding pursuant to this Act,
7except where the issue is whether the Department has made
8reasonable efforts to reunite the family. In making its
9findings that reasonable efforts have been made or that good
10cause has been shown why reasonable efforts cannot prevent or
11eliminate the necessity of removal of the minor from the
12minor's his or her home, the court shall state in writing its
13findings concerning the nature of the services that were
14offered or the efforts that were made to prevent removal of the
15child and the apparent reasons that such services or efforts
16could not prevent the need for removal. The parents, guardian,
17custodian, temporary custodian and minor shall each be
18furnished a copy of such written findings. The temporary
19custodian shall maintain a copy of the court order and written
20findings in the case record for the child. The order together
21with the court's findings of fact in support thereof shall be
22entered of record in the court.
23    Once the court finds that it is a matter of immediate and
24urgent necessity for the protection of the minor that the
25minor be placed in a shelter care facility, the minor shall not
26be returned to the parent, custodian or guardian until the

 

 

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1court finds that such placement is no longer necessary for the
2protection of the minor.
3    (3) If neither the parent, guardian, legal custodian,
4responsible relative nor counsel of the minor has had actual
5notice of or is present at the shelter care hearing, the
6parent, guardian, legal custodian, responsible relative, or
7counsel of the minor he or she may file an his or her affidavit
8setting forth these facts, and the clerk shall set the matter
9for rehearing not later than 24 hours, excluding Sundays and
10legal holidays, after the filing of the affidavit. At the
11rehearing, the court shall proceed in the same manner as upon
12the original hearing.
13    (4) If the minor is not brought before a judicial officer
14within the time period as specified in Section 4-8, the minor
15must immediately be released from custody.
16    (5) Only when there is reasonable cause to believe that
17the minor taken into custody is a person described in
18subsection (3) of Section 5-105 may the minor be kept or
19detained in a detention home or county or municipal jail. This
20Section shall in no way be construed to limit subsection (6).
21    (6) No minor under 16 years of age may be confined in a
22jail or place ordinarily used for the confinement of prisoners
23in a police station. Minors under 18 years of age must be kept
24separate from confined adults and may not at any time be kept
25in the same cell, room or yard with adults confined pursuant to
26the criminal law.

 

 

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1    (7) If neither the parent, guardian or custodian appears
2within 24 hours to take custody of a minor released upon
3request pursuant to subsection (2) of this Section, then the
4clerk of the court shall set the matter for rehearing not later
5than 7 days after the original order and shall issue a summons
6directed to the parent, guardian or custodian to appear. At
7the same time the probation department shall prepare a report
8on the minor. If a parent, guardian or custodian does not
9appear at such rehearing, the judge may enter an order
10prescribing that the minor be kept in a suitable place
11designated by the Department of Children and Family Services
12or a licensed child welfare agency.
13    (8) Any interested party, including the State, the
14temporary custodian, an agency providing services to the minor
15or family under a service plan pursuant to Section 8.2 of the
16Abused and Neglected Child Reporting Act, foster parent, or
17any of their representatives, may file a motion to modify or
18vacate a temporary custody order on any of the following
19grounds:
20        (a) It is no longer a matter of immediate and urgent
21    necessity that the minor remain in shelter care; or
22        (b) There is a material change in the circumstances of
23    the natural family from which the minor was removed; or
24        (c) A person, including a parent, relative or legal
25    guardian, is capable of assuming temporary custody of the
26    minor; or

 

 

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1        (d) Services provided by the Department of Children
2    and Family Services or a child welfare agency or other
3    service provider have been successful in eliminating the
4    need for temporary custody.
5    The clerk shall set the matter for hearing not later than
614 days after such motion is filed. In the event that the court
7modifies or vacates a temporary custody order but does not
8vacate its finding of probable cause, the court may order that
9appropriate services be continued or initiated in behalf of
10the minor and the minor's his or her family.
11    (9) The changes made to this Section by Public Act 98-61
12apply to a minor who has been arrested or taken into custody on
13or after January 1, 2014 (the effective date of Public Act
1498-61).
15(Source: P.A. 100-159, eff. 8-18-17; 100-201, eff. 8-18-17.)
 
16    (705 ILCS 405/4-11)  (from Ch. 37, par. 804-11)
17    Sec. 4-11. Preliminary conferences.
18    (1) The court may authorize the probation officer to
19confer in a preliminary conference with any person seeking to
20file a petition under this Article, the prospective
21respondents and other interested persons concerning the
22advisability of filing the petition, with a view to adjusting
23suitable cases without the filing of a petition as provided
24for herein.
25    The probation officer should schedule a conference

 

 

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1promptly except where the State's Attorney insists on court
2action or where the minor has indicated that the minor he or
3she will demand a judicial hearing and will not comply with an
4informal adjustment.
5    (2) In any case of a minor who is in temporary custody, the
6holding of preliminary conferences does not operate to prolong
7temporary custody beyond the period permitted by Section 4-8.
8    (3) This Section does not authorize any probation officer
9to compel any person to appear at any conference, produce any
10papers, or visit any place.
11    (4) No statement made during a preliminary conference may
12be admitted into evidence at an adjudicatory hearing or at any
13proceeding against the minor under the criminal laws of this
14State prior to the minor's his or her conviction thereunder.
15    (5) The probation officer shall promptly formulate a
16written non-judicial adjustment plan following the initial
17conference.
18    (6) Non-judicial adjustment plans include but are not
19limited to the following:
20        (a) up to 6 months informal supervision within the
21    family;
22        (b) up to 12 months informal supervision with a
23    probation officer involved;
24        (c) up to 6 months informal supervision with release
25    to a person other than a parent;
26        (d) referral to special educational, counseling or

 

 

SB3961- 503 -LRB102 22864 WGH 32015 b

1    other rehabilitative social or educational programs;
2        (e) referral to residential treatment programs; and
3        (f) any other appropriate action with consent of the
4    minor and a parent.
5    (7) The factors to be considered by the probation officer
6in formulating a written non-judicial adjustment plan shall be
7the same as those limited in subsection (4) of Section 5-405.
8(Source: P.A. 89-198, eff. 7-21-95; 90-590, eff. 1-1-99.)
 
9    (705 ILCS 405/4-12)  (from Ch. 37, par. 804-12)
10    Sec. 4-12. Petition; supplemental petitions. (1) Any adult
11person, any agency or association by its representative may
12file, or the court on its own motion may direct the filing
13through the State's Attorney of a petition in respect to a
14minor under this Act. The petition and all subsequent court
15documents shall be entitled "In the interest of ...., a
16minor".
17    (2) The petition shall be verified but the statements may
18be made upon information and belief. It shall allege that the
19minor is addicted, as the case may be, and set forth (a) facts
20sufficient to bring the minor under Section 4-1; (b) the name,
21age and residence of the minor; (c) the names and residences of
22the minor's his parents; (d) the name and residence of the
23minor's his legal guardian or the person or persons having
24custody or control of the minor, or of the nearest known
25relative if no parent or guardian can be found; and (e) if the

 

 

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1minor upon whose behalf the petition is brought is sheltered
2in custody, the date on which shelter care was ordered by the
3court or the date set for a shelter care hearing. If any of the
4facts herein required are not known by the petitioner, the
5petition shall so state.
6    (3) The petition must allege that it is in the best
7interests of the minor and of the public that the minor he or
8she be adjudged a ward of the court and may pray generally for
9relief available under this Act. The petition need not specify
10any proposed disposition following adjudication of wardship.
11    (4) If appointment of a guardian of the person with power
12to consent to adoption of the minor under Section 4-27 is
13sought, the petition shall so state.
14    (5) At any time before dismissal of the petition or before
15final closing and discharge under Section 4-29, one or more
16supplemental petitions may be filed in respect to the same
17minor.
18(Source: P.A. 85-1209.)
 
19    (705 ILCS 405/4-13)  (from Ch. 37, par. 804-13)
20    Sec. 4-13. Date for adjudicatory hearing.
21    (a) (Blank). Until January 1, 1988:
22    (1) When a petition has been filed alleging that the minor
23is an addict under this Article, an adjudicatory hearing shall
24be held within 120 days. The 120 day period in which an
25adjudicatory hearing shall be held is tolled by: (A) delay

 

 

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1occasioned by the minor; (B) a continuance allowed pursuant to
2Section 114-4 of the Code of Criminal Procedure of 1963 after a
3court's determination of the minor's physical incapacity for
4trial; or (C) an interlocutory appeal. Any such delay shall
5temporarily suspend for the time of the delay the period
6within which the adjudicatory hearing must be held. On the day
7of expiration of the delay, the said period shall continue at
8the point at which it was suspended. Where no such
9adjudicatory hearing is held within 120 days the court may,
10upon written motion of such minor's guardian ad litem, dismiss
11the petition with respect to such minor. Such dismissal shall
12be without prejudice.
13    Where the court determines that the State has exercised,
14without success, due diligence to obtain evidence material to
15the case, and that there are reasonable grounds to believe
16that such evidence may be obtained at a later date the court
17may, upon written motion by the state, continue the matter for
18not more than 30 additional days.
19    (2) In the case of a minor ordered held in shelter care,
20the hearing on the petition must be held within 10 judicial
21days from the date of the order of the court directing shelter
22care, or the earliest possible date in compliance with the
23notice provisions of Sections 4-14 and 4-15 as to the
24custodial parent, guardian or legal custodian, but no later
25than 30 judicial days from the date of the order of the court
26directing shelter care. Delay occasioned by the respondent

 

 

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1shall temporarily suspend, for the time of the delay, the
2period within which a respondent must be brought to an
3adjudicatory hearing pursuant to this Section.
4    Any failure to comply with the time limits of this
5subsection must require the immediate release of the minor and
6the time limits of subsection (a) (1) shall apply.
7    (3) Nothing in this Section prevents the minor's exercise
8of his or her right to waive the time limits set forth in this
9Section.
10    (b) Beginning January 1, 1988: (1)(A) When a petition has
11been filed alleging that the minor is an addict under this
12Article, an adjudicatory hearing shall be held within 120 days
13of a demand made by any party, except that when the court
14determines that the State, without success, has exercised due
15diligence to obtain evidence material to the case and that
16there are reasonable grounds to believe that such evidence may
17be obtained at a later date, the court may, upon motion by the
18State, continue the adjudicatory hearing for not more than 30
19additional days.
20    The 120 day period in which an adjudicatory hearing shall
21be held is tolled by: (i) delay occasioned by the minor; or
22(ii) a continuance allowed pursuant to Section 114-4 of the
23Code of Criminal Procedure of 1963 after a court's
24determination of the minor's physical incapacity for trial; or
25(iii) an interlocutory appeal. Any such delay shall
26temporarily suspend for the time of the delay the period

 

 

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1within which the adjudicatory hearing must be held. On the day
2of expiration of the delay, the said period shall continue at
3the point at which it was suspended.
4    (B) When no such adjudicatory hearing is held within the
5time required by paragraph (b)(1)(A) of this Section, the
6court shall, upon motion by any party, dismiss the petition
7with prejudice.
8    (2) Without affecting the applicability of the tolling and
9multiple prosecution provisions of paragraph (b) (1) of this
10Section, when a petition has been filed alleging that the
11minor is an addict under this Article and the minor is in
12shelter care, the adjudicatory hearing shall be held within 10
13judicial days after the date of the order directing shelter
14care, or the earliest possible date in compliance with the
15notice provisions of Sections 4-14 and 4-15 as to the
16custodial parent, guardian or legal custodian, but no later
17than 30 judicial days from the date of the order of the court
18directing shelter care.
19    (3) Any failure to comply with the time limits of
20paragraph (b)(2) of this Section shall require the immediate
21release of the minor from shelter care, and the time limits of
22paragraph (b)(1) shall apply.
23    (4) Nothing in this Section prevents the minor or the
24minor's parents or guardian from exercising their respective
25rights to waive the time limits set forth in this Section.
26(Source: P.A. 85-601.)
 

 

 

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1    (705 ILCS 405/4-14)  (from Ch. 37, par. 804-14)
2    Sec. 4-14. Summons. (1) When a petition is filed, the
3clerk of the court shall issue a summons with a copy of the
4petition attached. The summons shall be directed to the
5minor's legal guardian or custodian and to each person named
6as a respondent in the petition, except that summons need not
7be directed to a minor respondent under 8 years of age for whom
8the court appoints a guardian ad litem if the guardian ad litem
9appears on behalf of the minor in any proceeding under this
10Act.
11    (2) The summons must contain a statement that the minor or
12any of the respondents is entitled to have an attorney present
13at the hearing on the petition, and that the clerk of the court
14should be notified promptly if the minor or any other
15respondent desires to be represented by an attorney but is
16financially unable to employ counsel.
17    (3) The summons shall be issued under the seal of the
18court, attested to and signed with the name of the clerk of the
19court, dated on the day it is issued, and shall require each
20respondent to appear and answer the petition on the date set
21for the adjudicatory hearing.
22    (4) The summons may be served by any county sheriff,
23coroner or probation officer, even though the officer is the
24petitioner. The return of the summons with endorsement of
25service by the officer is sufficient proof thereof.

 

 

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1    (5) Service of a summons and petition shall be made by: (a)
2leaving a copy thereof with the person summoned at least 3 days
3before the time stated therein for appearance; (b) leaving a
4copy at the summoned person's his usual place of abode with
5some person of the family, of the age of 10 years or upwards,
6and informing that person of the contents thereof, provided
7that the officer or other person making service shall also
8send a copy of the summons in a sealed envelope with postage
9fully prepaid, addressed to the person summoned at the
10person's his usual place of abode, at least 3 days before the
11time stated therein for appearance; or (c) leaving a copy
12thereof with the guardian or custodian of a minor, at least 3
13days before the time stated therein for appearance. If the
14guardian or custodian is an agency of the State of Illinois,
15proper service may be made by leaving a copy of the summons and
16petition with any administrative employee of such agency
17designated by such agency to accept service of summons and
18petitions. The certificate of the officer or affidavit of the
19person that the officer or person he has sent the copy pursuant
20to this Section is sufficient proof of service.
21    (6) When a parent or other person, who has signed a written
22promise to appear and bring the minor to court or who has
23waived or acknowledged service, fails to appear with the minor
24on the date set by the court, a bench warrant may be issued for
25the parent or other person, the minor, or both.
26    (7) The appearance of the minor's legal guardian or

 

 

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1custodian, or a person named as a respondent in a petition, in
2any proceeding under this Act shall constitute a waiver of
3service of summons and submission to the jurisdiction of the
4court. A copy of the summons and petition shall be provided to
5the person at the time of the person's his appearance.
6(Source: P.A. 86-441.)
 
7    (705 ILCS 405/4-15)  (from Ch. 37, par. 804-15)
8    Sec. 4-15. Notice by certified mail or publication.
9    (1) If service on individuals as provided in Section 4-14
10is not made on any respondent within a reasonable time or if it
11appears that any respondent resides outside the State, service
12may be made by certified mail. In such case the clerk shall
13mail the summons and a copy of the petition to that respondent
14by certified mail marked for delivery to addressee only. The
15court shall not proceed with the adjudicatory hearing until 5
16days after such mailing. The regular return receipt for
17certified mail is sufficient proof of service.
18    (2) If service upon individuals as provided in Section
194-14 is not made on any respondents within a reasonable time or
20if any person is made a respondent under the designation of
21"All whom it may Concern", or if service cannot be made because
22the whereabouts of a respondent are unknown, service may be
23made by publication. The clerk of the court as soon as possible
24shall cause publication to be made once in a newspaper of
25general circulation in the county where the action is pending.

 

 

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1Notice by publication is not required in any case when the
2person alleged to have legal custody of the minor has been
3served with summons personally or by certified mail, but the
4court may not enter any order or judgment against any person
5who cannot be served with process other than by publication
6unless notice by publication is given or unless that person
7appears. When a minor has been sheltered under Section 4-6 of
8this Act and summons has not been served personally or by
9certified mail within 20 days from the date of the order of
10court directing such shelter care, the clerk of the court
11shall cause publication. Notice by publication shall be
12substantially as follows:
13    "A, B, C, D, (here giving the names of the named
14respondents, if any) and to All Whom It May Concern (if there
15is any respondent under that designation):
16    Take notice that on (insert date) a petition was filed
17under the Juvenile Court Act of 1987 by .... in the circuit
18court of .... county entitled 'In the interest of ...., a
19minor', and that in .... courtroom at .... on the .... day of
20.... at the hour of ...., or as soon thereafter as this cause
21may be heard, an adjudicatory hearing will be held upon the
22petition to have the child declared to be a ward of the court
23under that Act. The court has authority in this proceeding to
24take from you the custody and guardianship of the minor, (and
25if the petition prays for the appointment of a guardian with
26power to consent to adoption) and to appoint a guardian with

 

 

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1power to consent to adoption of the minor.
2    Now, unless you appear at the hearing and show cause
3against the petition, the allegations of the petition may
4stand admitted as against you and each of you, and an order or
5judgment entered.
6
......................
7
Clerk
         
8Dated (insert the date of publication)"
9    (3) The clerk shall also at the time of the publication of
10the notice send a copy thereof by mail to each of the
11respondents on account of whom publication is made at each
12respondent's his or her last known address. The certificate of
13the clerk that the clerk he or she has mailed the notice is
14evidence thereof. No other publication notice is required.
15Every respondent notified by publication under this Section
16must appear and answer in open court at the hearing. The court
17may not proceed with the adjudicatory hearing until 10 days
18after service by publication on any custodial parent, guardian
19or legal custodian.
20    (4) If it becomes necessary to change the date set for the
21hearing in order to comply with Section 4-14 or with this
22Section, notice of the resetting of the date must be given, by
23certified mail or other reasonable means, to each respondent
24who has been served with summons personally or by certified
25mail.
26(Source: P.A. 91-357, eff. 7-29-99.)
 

 

 

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1    (705 ILCS 405/4-16)  (from Ch. 37, par. 804-16)
2    Sec. 4-16. Guardian ad litem.
3    (1) Immediately upon the filing of a petition alleging
4that the minor is a person described in Section 4-3 of this
5Act, the court may appoint a guardian ad litem for the minor
6if:
7        (a) such petition alleges that the minor is the victim
8    of sexual abuse or misconduct; or
9        (b) such petition alleges that charges alleging the
10    commission of any of the sex offenses defined in Article
11    11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
12    11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
13    Criminal Code of 1961 or the Criminal Code of 2012, have
14    been filed against a defendant in any court and that such
15    minor is the alleged victim of the acts of the defendant in
16    the commission of such offense.
17    Unless the guardian ad litem appointed pursuant to this
18paragraph (1) is an attorney at law the guardian ad litem he
19shall be represented in the performance of the guardian ad
20litem's his duties by counsel.
21    (2) Before proceeding with the hearing, the court shall
22appoint a guardian ad litem for the minor if
23        (a) no parent, guardian, custodian or relative of the
24    minor appears at the first or any subsequent hearing of
25    the case;

 

 

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1        (b) the petition prays for the appointment of a
2    guardian with power to consent to adoption; or
3        (c) the petition for which the minor is before the
4    court resulted from a report made pursuant to the Abused
5    and Neglected Child Reporting Act.
6    (3) The court may appoint a guardian ad litem for the minor
7whenever it finds that there may be a conflict of interest
8between the minor and the minor's his parents or other
9custodian or that it is otherwise in the minor's interest to do
10so.
11    (4) Unless the guardian ad litem is an attorney, the
12guardian ad litem he shall be represented by counsel.
13    (5) The reasonable fees of a guardian ad litem appointed
14under this Section shall be fixed by the court and charged to
15the parents of the minor, to the extent they are able to pay.
16If the parents are unable to pay those fees, they shall be paid
17from the general fund of the county.
18(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
19    (705 ILCS 405/4-18)  (from Ch. 37, par. 804-18)
20    Sec. 4-18. Continuance under supervision.
21    (1) The court may enter an order of continuance under
22supervision (a) upon an admission or stipulation by the
23appropriate respondent or minor respondent of the facts
24supporting the petition and before proceeding to findings and
25adjudication, or after hearing the evidence at the

 

 

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1adjudicatory hearing but before noting in the minutes of the
2proceeding a finding of whether or not the minor is an addict,
3and (b) in the absence of objection made in open court by the
4minor, the minor's his parent, guardian, custodian,
5responsible relative, defense attorney or the State's
6Attorney.
7    (2) If the minor, the minor's his parent, guardian,
8custodian, responsible relative, defense attorney or State's
9Attorney, objects in open court to any such continuance and
10insists upon proceeding to findings and adjudication, the
11court shall so proceed.
12    (3) Nothing in this Section limits the power of the court
13to order a continuance of the hearing for the production of
14additional evidence or for any other proper reason.
15    (4) When a hearing is continued pursuant to this Section,
16the court may permit the minor to remain in the minor's his
17home subject to such conditions concerning the minor's his
18conduct and supervision as the court may require by order.
19    (5) If a petition is filed charging a violation of a
20condition of the continuance under supervision, the court
21shall conduct a hearing. If the court finds that such
22condition of supervision has not been fulfilled the court may
23proceed to findings and adjudication and disposition. The
24filing of a petition for violation of a condition of the
25continuance under supervision shall toll the period of
26continuance under supervision until the final determination of

 

 

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1the charge, and the term of the continuance under supervision
2shall not run until the hearing and disposition of the
3petition for violation; provided where the petition alleges
4conduct that does not constitute a criminal offense, the
5hearing must be held within 15 days of the filing of the
6petition unless a delay in such hearing has been occasioned by
7the minor, in which case the delay shall continue the tolling
8of the period of continuance under supervision for the period
9of such delay.
10    (6) The court must impose upon a minor under an order of
11continuance under supervision or an order of disposition under
12this Article IV, as a condition of the order, a fee of $25 for
13each month or partial month of supervision with a probation
14officer. If the court determines the inability of the minor,
15or the parent, guardian, or legal custodian of the minor to pay
16the fee, the court may impose a lesser fee. The court may not
17impose the fee on a minor who is placed in the guardianship or
18custody of the Department of Children and Family Services
19under this Act. The fee may be imposed only upon a minor who is
20actively supervised by the probation and court services
21department. The fee must be collected by the clerk of the
22circuit court. The clerk of the circuit court must pay all
23monies collected from this fee to the county treasurer for
24deposit into the probation and court services fund under
25Section 15.1 of the Probation and Probation Officers Act.
26(Source: P.A. 100-159, eff. 8-18-17.)
 

 

 

SB3961- 517 -LRB102 22864 WGH 32015 b

1    (705 ILCS 405/4-20)  (from Ch. 37, par. 804-20)
2    Sec. 4-20. Dispositional hearing; evidence; continuance.
3(1) At the dispositional hearing, the court shall determine
4whether it is in the best interests of the minor and the public
5that the minor he be made a ward of the court, and, if the
6minor he is to be made a ward of the court, the court shall
7determine the proper disposition best serving the interests of
8the minor and the public. All evidence helpful in determining
9these questions, including oral and written reports, may be
10admitted and may be relied upon to the extent of its probative
11value, even though not competent for the purposes of the
12adjudicatory hearing.
13    (2) Notice in compliance with Sections 4-14 and 4-15 must
14be given to all parties-respondents prior to proceeding to a
15dispositional hearing. Before making an order of disposition
16the court shall advise the State's Attorney, the parents,
17guardian, custodian or responsible relative or their counsel
18of the factual contents and the conclusions of the reports
19prepared for the use of the court and considered by it, and
20afford fair opportunity, if requested, to controvert them. The
21court may order, however, that the documents containing such
22reports need not be submitted to inspection, or that sources
23of confidential information need not be disclosed except to
24the attorneys for the parties. Factual contents, conclusions,
25documents and sources disclosed by the court under this

 

 

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1paragraph shall not be further disclosed without the express
2approval of the court pursuant to an in camera hearing.
3    (3) A record of a prior continuance under supervision
4under Section 4-18, whether successfully completed or not, is
5admissible at the dispositional hearing.
6    (4) On its own motion or that of the State's Attorney, a
7parent, guardian, custodian, responsible relative or counsel,
8the court may adjourn the hearing for a reasonable period to
9receive reports or other evidence. In scheduling
10investigations and hearings, the court shall give priority to
11proceedings in which a minor has been removed from the minor's
12his or her home before an order of disposition has been made.
13(Source: P.A. 85-601.)
 
14    (705 ILCS 405/4-21)  (from Ch. 37, par. 804-21)
15    Sec. 4-21. Kinds of dispositional orders.
16    (1) A minor found to be addicted under Section 4-3 may be
17(a) committed to the Department of Children and Family
18Services, subject to Section 5 of the Children and Family
19Services Act; (b) placed under supervision and released to the
20minor's his or her parents, guardian or legal custodian; (c)
21placed in accordance with Section 4-25 with or without also
22being placed under supervision. Conditions of supervision may
23be modified or terminated by the court if it deems that the
24best interests of the minor and the public will be served
25thereby; (d) required to attend an approved alcohol or drug

 

 

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1abuse treatment or counseling program on an inpatient or
2outpatient basis instead of or in addition to the disposition
3otherwise provided for in this paragraph; (e) ordered
4partially or completely emancipated in accordance with the
5provisions of the Emancipation of Minors Act; or (f) subject
6to having the minor's his or her driver's license or driving
7privilege suspended for such time as determined by the Court
8but only until the minor he or she attains 18 years of age. No
9disposition under this subsection shall provide for the
10minor's placement in a secure facility.
11    (2) Any order of disposition may provide for protective
12supervision under Section 4-22 and may include an order of
13protection under Section 4-23.
14    (3) Unless the order of disposition expressly so provides,
15it does not operate to close proceedings on the pending
16petition, but is subject to modification until final closing
17and discharge of the proceedings under Section 4-29.
18    (4) In addition to any other order of disposition, the
19court may order any minor found to be addicted under this
20Article as neglected with respect to the minor's his or her own
21injurious behavior, to make restitution, in monetary or
22non-monetary form, under the terms and conditions of Section
235-5-6 of the Unified Code of Corrections, except that the
24"presentence hearing" referred to therein shall be the
25dispositional hearing for purposes of this Section. The
26parent, guardian or legal custodian of the minor may pay some

 

 

SB3961- 520 -LRB102 22864 WGH 32015 b

1or all of such restitution on the minor's behalf.
2    (5) Any order for disposition where the minor is placed in
3accordance with Section 4-25 shall provide for the parents or
4guardian of the estate of such minor to pay to the legal
5custodian or guardian of the person of the minor such sums as
6are determined by the custodian or guardian of the person of
7the minor as necessary for the minor's needs. Such payments
8may not exceed the maximum amounts provided for by Section 9.1
9of the Children and Family Services Act.
10    (6) Whenever the order of disposition requires the minor
11to attend school or participate in a program of training, the
12truant officer or designated school official shall regularly
13report to the court if the minor is a chronic or habitual
14truant under Section 26-2a of the School Code.
15    (7) The court must impose upon a minor under an order of
16continuance under supervision or an order of disposition under
17this Article IV, as a condition of the order, a fee of $25 for
18each month or partial month of supervision with a probation
19officer. If the court determines the inability of the minor,
20or the parent, guardian, or legal custodian of the minor to pay
21the fee, the court may impose a lesser fee. The court may not
22impose the fee on a minor who is placed in the guardianship or
23custody of the Department of Children and Family Services
24under this Act. The fee may be imposed only upon a minor who is
25actively supervised by the probation and court services
26department. The fee must be collected by the clerk of the

 

 

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1circuit court. The clerk of the circuit court must pay all
2monies collected from this fee to the county treasurer for
3deposit into the probation and court services fund under
4Section 15.1 of the Probation and Probation Officers Act.
5(Source: P.A. 100-159, eff. 8-18-17.)
 
6    (705 ILCS 405/4-22)  (from Ch. 37, par. 804-22)
7    Sec. 4-22. Protective supervision. If the order of
8disposition releases the minor to the custody of the minor's
9his parents, guardian or legal custodian, or continues the
10minor him in such custody, the court may place the person
11having custody of the minor, except for representatives of
12private or public agencies or governmental departments, under
13supervision of the probation office. Rules or orders of the
14court shall define the terms and conditions of protective
15supervision, which may be modified or terminated when the
16court finds that the best interests of the minor and the public
17will be served thereby.
18(Source: P.A. 85-601.)
 
19    (705 ILCS 405/4-23)  (from Ch. 37, par. 804-23)
20    Sec. 4-23. Order of protection.
21    (1) The court may make an order of protection in
22assistance of or as a condition of any other order authorized
23by this Act. The order of protection may set forth reasonable
24conditions of behavior to be observed for a specified period.

 

 

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1Such an order may require a person:
2        (a) To stay away from the home or the minor;
3        (b) To permit a parent to visit the minor at stated
4    periods;
5        (c) To abstain from offensive conduct against the
6    minor, the minor's his parent or any person to whom
7    custody of the minor is awarded;
8        (d) To give proper attention to the care of the home;
9        (e) To cooperate in good faith with an agency to which
10    custody of a minor is entrusted by the court or with an
11    agency or association to which the minor is referred by
12    the court;
13        (f) To prohibit and prevent any contact whatsoever
14    with the respondent minor by a specified individual or
15    individuals who are alleged in either a criminal or
16    juvenile proceeding to have caused injury to a respondent
17    minor or a sibling of a respondent minor;
18        (g) To refrain from acts of commission or omission
19    that tend to make the home not a proper place for the
20    minor.
21    (2) The court shall enter an order of protection to
22prohibit and prevent any contact between a respondent minor or
23a sibling of a respondent minor and any person named in a
24petition seeking an order of protection who has been convicted
25of heinous battery or aggravated battery under subdivision
26(a)(2) of Section 12-3.05, aggravated battery of a child or

 

 

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1aggravated battery under subdivision (b)(1) of Section
212-3.05, criminal sexual assault, aggravated criminal sexual
3assault, predatory criminal sexual assault of a child,
4criminal sexual abuse, or aggravated criminal sexual abuse as
5described in the Criminal Code of 1961 or the Criminal Code of
62012, or has been convicted of an offense that resulted in the
7death of a child, or has violated a previous order of
8protection under this Section.
9    (3) When the court issues an order of protection against
10any person as provided by this Section, the court shall direct
11a copy of such order to the Sheriff of that county. The Sheriff
12shall furnish a copy of the order of protection to the Illinois
13State Police within 24 hours of receipt, in the form and manner
14required by the Department. The Illinois State Police shall
15maintain a complete record and index of such orders of
16protection and make this data available to all local law
17enforcement agencies.
18    (4) After notice and opportunity for hearing afforded to a
19person subject to an order of protection, the order may be
20modified or extended for a further specified period or both or
21may be terminated if the court finds that the best interests of
22the minor and the public will be served thereby.
23    (5) An order of protection may be sought at any time during
24the course of any proceeding conducted pursuant to this Act.
25Any person against whom an order of protection is sought may
26retain counsel to represent the person him at a hearing, and

 

 

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1has rights to be present at the hearing, to be informed prior
2to the hearing in writing of the contents of the petition
3seeking a protective order and of the date, place and time of
4such hearing, and to cross examine witnesses called by the
5petitioner and to present witnesses and argument in opposition
6to the relief sought in the petition.
7    (6) Diligent efforts shall be made by the petitioner to
8serve any person or persons against whom any order of
9protection is sought with written notice of the contents of
10the petition seeking a protective order and of the date, place
11and time at which the hearing on the petition is to be held.
12When a protective order is being sought in conjunction with a
13shelter care hearing, if the court finds that the person
14against whom the protective order is being sought has been
15notified of the hearing or that diligent efforts have been
16made to notify such person, the court may conduct a hearing. If
17a protective order is sought at any time other than in
18conjunction with a shelter care hearing, the court may not
19conduct a hearing on the petition in the absence of the person
20against whom the order is sought unless the petitioner has
21notified such person by personal service at least 3 days
22before the hearing or has sent written notice by first class
23mail to such person's last known address at least 5 days before
24the hearing.
25    (7) A person against whom an order of protection is being
26sought who is neither a parent, guardian, legal custodian or

 

 

SB3961- 525 -LRB102 22864 WGH 32015 b

1responsible relative as described in Section 1-5 is not a
2party or respondent as defined in that Section and shall not be
3entitled to the rights provided therein. Such person does not
4have a right to appointed counsel or to be present at any
5hearing other than the hearing in which the order of
6protection is being sought or a hearing directly pertaining to
7that order. Unless the court orders otherwise, such person
8does not have a right to inspect the court file.
9    (8) All protective orders entered under this Section shall
10be in writing. Unless the person against whom the order was
11obtained was present in court when the order was issued, the
12sheriff, other law enforcement official or special process
13server shall promptly serve that order upon that person and
14file proof of such service, in the manner provided for service
15of process in civil proceedings. The person against whom the
16protective order was obtained may seek a modification of the
17order by filing a written motion to modify the order within 7
18days after actual receipt by the person of a copy of the order.
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    (705 ILCS 405/4-24)  (from Ch. 37, par. 804-24)
21    Sec. 4-24. Enforcement of orders of protective supervision
22or of protection. (1) Orders of protective supervision and
23orders of protection may be enforced by citation to show cause
24for contempt of court by reason of any violation thereof and,
25where protection of the welfare of the minor so requires, by

 

 

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1the issuance of a warrant to take the alleged violator into
2custody and bring the minor's him before the court.
3    (2) In any case where an order of protection has been
4entered, the clerk of the court may issue to the petitioner, to
5the minor or to any other person affected by the order a
6certificate stating that an order of protection has been made
7by the court concerning such persons and setting forth its
8terms and requirements. The presentation of the certificate to
9any peace officer authorizes the peace officer him to take
10into custody a person charged with violating the terms of the
11order of protection, to bring such person before the court
12and, within the limits of the peace officer's his legal
13authority as such peace officer, otherwise to aid in securing
14the protection the order is intended to afford.
15(Source: P.A. 85-601.)
 
16    (705 ILCS 405/4-25)  (from Ch. 37, par. 804-25)
17    Sec. 4-25. Placement; legal custody or guardianship.
18    (1) If the court finds that the parents, guardian or legal
19custodian of a minor adjudged a ward of the court are unfit or
20are unable, for some reason other than financial circumstances
21alone, to care for, protect, train or discipline the minor or
22are unwilling to do so, and that appropriate services aimed at
23family preservation and family reunification have been
24unsuccessful in rectifying the conditions which have led to a
25finding of unfitness or inability to care for, protect, train

 

 

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1or discipline the minor, and that it is in the best interest of
2the minor to take the minor him from the custody of the minor's
3his parents, guardian or custodian, the court may:
4        (a) place the minor him in the custody of a suitable
5    relative or other person;
6        (b) place the minor him under the guardianship of a
7    probation officer;
8        (c) commit the minor him to an agency for care or
9    placement, except an institution under the authority of
10    the Department of Corrections or of the Department of
11    Children and Family Services;
12        (d) commit the minor him to some licensed training
13    school or industrial school; or
14        (e) commit the minor him to any appropriate
15    institution having among its purposes the care of
16    delinquent children, including a child protective facility
17    maintained by a Child Protection District serving the
18    county from which commitment is made, but not including
19    any institution under the authority of the Department of
20    Corrections or of the Department of Children and Family
21    Services.
22    (2) When making such placement, the court, wherever
23possible, shall select a person holding the same religious
24belief as that of the minor or a private agency controlled by
25persons of like religious faith of the minor and shall require
26the Department of Children and Family Services to otherwise

 

 

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1comply with Section 7 of the Children and Family Services Act
2in placing the child. In addition, whenever alternative plans
3for placement are available, the court shall ascertain and
4consider, to the extent appropriate in the particular case,
5the views and preferences of the minor.
6    (3) When a minor is placed with a suitable relative or
7other person, the court shall appoint the suitable relative or
8other person him the legal custodian or guardian of the person
9of the minor. When a minor is committed to any agency, the
10court shall appoint the proper officer or representative
11thereof as legal custodian or guardian of the person of the
12minor. Legal custodians and guardians of the person of the
13minor have the respective rights and duties set forth in
14subsection (9) of Section 1-3 except as otherwise provided by
15order of the court; but no guardian of the person may consent
16to adoption of the minor unless that authority is conferred
17upon the guardian him in accordance with Section 4-27. An
18agency whose representative is appointed guardian of the
19person or legal custodian of the minor may place the minor him
20in any child care facility, but such facility must be licensed
21under the Child Care Act of 1969 or have been approved by the
22Department of Children and Family Services as meeting the
23standards established for such licensing. After June 30, 1981,
24no agency may place a minor, if the minor is under age 13, in a
25child care facility unless such placement is in compliance
26with the rules and regulations for placement under Section

 

 

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14-25 of this Act promulgated by the Department of Children and
2Family Services under Section 5 of the Children and Family
3Services Act. Like authority and restrictions shall be
4conferred by the court upon any probation officer who has been
5appointed guardian of the person of a minor.
6    (4) No placement by any probation officer or agency whose
7representative is appointed guardian of the person or legal
8custodian of a minor may be made in any out of State child care
9facility unless it complies with the Interstate Compact on the
10Placement of Children.
11    (5) The clerk of the court shall issue to the legal
12custodian or guardian of the person a certified copy of the
13order of the court, as proof of the legal custodian or
14guardian's his authority. No other process is necessary as
15authority for the keeping of the minor.
16    (6) Custody or guardianship granted under this Section
17continues until the court otherwise directs, but not after the
18minor reaches the age of 19 years except as set forth in
19Section 4-29.
20(Source: P.A. 89-422.)
 
21    (705 ILCS 405/4-26)  (from Ch. 37, par. 804-26)
22    Sec. 4-26. Court Review. (1) The court may require any
23legal custodian or guardian of the person appointed under this
24Act to report periodically to the court or may cite the legal
25custodian or guardian him into court and require the legal

 

 

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1custodian or guardian him or the legal custodian's or
2guardian's his agency, to make a full and accurate report of
3the his or its doings of the legal custodian, guardian, or
4agency on in behalf of the minor. The custodian or guardian,
5within 10 days after such citation, shall make the report,
6either in writing verified by affidavit or orally under oath
7in open court, or otherwise as the court directs. Upon the
8hearing of the report the court may remove the custodian or
9guardian and appoint another in the legal custodian's or
10guardian's his stead or restore the minor to the custody of the
11minor's his parents or former guardian or custodian.
12    (2) A guardian or custodian appointed by the court
13pursuant to this Act shall file updated case plans with the
14court every 6 months. Every agency which has guardianship of a
15child shall file a supplemental petition for court review, or
16review by an administrative body appointed or approved by the
17court and further order within 18 months of dispositional
18order and each 18 months thereafter. Such petition shall state
19facts relative to the child's present condition of physical,
20mental and emotional health as well as facts relative to the
21child's his present custodial or foster care. The petition
22shall be set for hearing and the clerk shall mail 10 days
23notice of the hearing by certified mail, return receipt
24requested, to the person or agency having the physical custody
25of the child, the minor and other interested parties unless a
26written waiver of notice is filed with the petition.

 

 

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1    Rights of wards of the court under this Act are
2enforceable against any public agency by complaints for relief
3by mandamus filed in any proceedings brought under this Act.
4    (3) The minor or any person interested in the minor may
5apply to the court for a change in custody of the minor and the
6appointment of a new custodian or guardian of the person or for
7the restoration of the minor to the custody of the minor's his
8parents or former guardian or custodian. In the event that the
9minor has attained 18 years of age and the guardian or
10custodian petitions the court for an order terminating the
11minor's his guardianship or custody, guardianship or custody
12shall terminate automatically 30 days after the receipt of the
13petition unless the court orders otherwise. No legal custodian
14or guardian of the person may be removed without the legal
15custodian's or guardian's his consent until given notice and
16an opportunity to be heard by the court.
17(Source: P.A. 85-601.)
 
18    (705 ILCS 405/4-27)  (from Ch. 37, par. 804-27)
19    Sec. 4-27. Adoption; appointment of guardian with power to
20consent. (1) A ward of the court under this Act, with the
21consent of the court, may be the subject of a petition for
22adoption under the Adoption Act "An Act in relation to the
23adoption of persons, and to repeal an Act therein named",
24approved July 17, 1959, as amended, or with like consent the
25minor's his or her parent or parents may, in the manner

 

 

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1required by such Act, surrender the minor him or her for
2adoption to an agency legally authorized or licensed to place
3children for adoption.
4    (2) If the petition prays and the court finds that it is in
5the best interests of the minor that a guardian of the person
6be appointed and authorized to consent to the adoption of the
7minor, the court with the consent of the parents, if living, or
8after finding, based upon clear and convincing evidence, that
9a non-consenting parent is an unfit person as defined in
10Section 1 of the Adoption Act "An Act in relation to the
11adoption of persons, and to repeal an Act therein named",
12approved July 17, 1959, as amended, may empower the guardian
13of the person of the minor, in the order appointing the person
14him or her as such guardian, to appear in court where any
15proceedings for the adoption of the minor may at any time be
16pending and to consent to the adoption. Such consent is
17sufficient to authorize the court in the adoption proceedings
18to enter a proper order or judgment of adoption without
19further notice to, or consent by, the parents of the minor. An
20order so empowering the guardian to consent to adoption
21terminates parental rights, deprives the parents of the minor
22of all legal rights as respects the minor and relieves them of
23all parental responsibility for the minor him or her, and
24frees the minor from all obligations of maintenance and
25obedience to the minor's his or her natural parents.
26    If the minor is over 14 years of age, the court may, in its

 

 

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1discretion, consider the wishes of the minor in determining
2whether the best interests of the minor would be promoted by
3the finding of the unfitness of a non-consenting parent.
4    (3) Parental consent to the order authorizing the guardian
5of the person to consent to adoption of the Minor shall be
6given in open court whenever possible and otherwise must be in
7writing and signed in the form provided in the Adoption Act "An
8Act in relation to the adoption of persons, and to repeal an
9Act therein named", approved July 17, 1959, as amended, but no
10names of petitioners for adoption need be included. A finding
11of the unfitness of a nonconsenting parent must be made in
12compliance with that Act and be based upon clear and
13convincing evidence. Provisions of that Act relating to minor
14parents and to mentally ill or mentally deficient parents
15apply to proceedings under this Section and shall be based
16upon clear and convincing evidence.
17(Source: P.A. 85-601.)
 
18    (705 ILCS 405/4-29)  (from Ch. 37, par. 804-29)
19    Sec. 4-29. Duration of wardship and discharge of
20proceedings.
21    (1) All proceedings under this Act in respect to any minor
22for whom a petition was filed after the effective date of this
23amendatory Act of 1991 automatically terminate upon the minor
24his attaining the age of 19 years, except that a court may
25continue the wardship of a minor until age 21 for good cause

 

 

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1when there is satisfactory evidence presented to the court
2that the best interest of the minor and the public require the
3continuation of the wardship.
4    (2) Whenever the court finds that the best interests of
5the minor and the public no longer require the wardship of the
6court, the court shall order the wardship terminated and all
7proceedings under this Act respecting that minor finally
8closed and discharged. The court may at the same time continue
9or terminate any custodianship or guardianship theretofore
10ordered but such termination must be made in compliance with
11Section 4-26.
12    (3) The wardship of the minor and any custodianship or
13guardianship respecting of the minor for whom a petition was
14filed after the effective date of this amendatory Act of 1991
15automatically terminates when the minor he attains the age of
1619 years except as set forth in subsection (1) of this Section.
17The clerk of the court shall at that time record all
18proceedings under this Act as finally closed and discharged
19for that reason.
20(Source: P.A. 87-14.)
 
21    (705 ILCS 405/5-101)
22    Sec. 5-101. Purpose and policy.
23    (1) It is the intent of the General Assembly to promote a
24juvenile justice system capable of dealing with the problem of
25juvenile delinquency, a system that will protect the

 

 

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1community, impose accountability for violations of law and
2equip juvenile offenders with competencies to live responsibly
3and productively. To effectuate this intent, the General
4Assembly declares the following to be important purposes of
5this Article:
6        (a) To protect citizens from juvenile crime.
7        (b) To hold each juvenile offender directly
8    accountable for the juvenile's his or her acts.
9        (c) To provide an individualized assessment of each
10    alleged and adjudicated delinquent juvenile, in order to
11    rehabilitate and to prevent further delinquent behavior
12    through the development of competency in the juvenile
13    offender. As used in this Section, "competency" means the
14    development of educational, vocational, social, emotional
15    and basic life skills which enable a minor to mature into a
16    productive member of society.
17        (d) To provide due process, as required by the
18    Constitutions of the United States and the State of
19    Illinois, through which each juvenile offender and all
20    other interested parties are assured fair hearings at
21    which legal rights are recognized and enforced.
22    (2) To accomplish these goals, juvenile justice policies
23developed pursuant to this Article shall be designed to:
24        (a) Promote the development and implementation of
25    community-based programs designed to prevent unlawful and
26    delinquent behavior and to effectively minimize the depth

 

 

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1    and duration of the minor's involvement in the juvenile
2    justice system;
3        (b) Provide secure confinement for minors who present
4    a danger to the community and make those minors understand
5    that sanctions for serious crimes, particularly violent
6    felonies, should be commensurate with the seriousness of
7    the offense and merit strong punishment;
8        (c) Protect the community from crimes committed by
9    minors;
10        (d) Provide programs and services that are
11    community-based and that are in close proximity to the
12    minor's home;
13        (e) Allow minors to reside within their homes whenever
14    possible and appropriate and provide support necessary to
15    make this possible;
16        (f) Base probation treatment planning upon individual
17    case management plans;
18        (g) Include the minor's family in the case management
19    plan;
20        (h) Provide supervision and service coordination where
21    appropriate; implement and monitor the case management
22    plan in order to discourage recidivism;
23        (i) Provide post-release services to minors who are
24    returned to their families and communities after
25    detention;
26        (j) Hold minors accountable for their unlawful

 

 

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1    behavior and not allow minors to think that their
2    delinquent acts have no consequence for themselves and
3    others.
4    (3) In all procedures under this Article, minors shall
5have all the procedural rights of adults in criminal
6proceedings, unless specifically precluded by laws that
7enhance the protection of such minors. Minors shall not have
8the right to a jury trial unless specifically provided by this
9Article.
10(Source: P.A. 90-590, eff. 1-1-99.)
 
11    (705 ILCS 405/5-105)
12    Sec. 5-105. Definitions. As used in this Article:
13        (1) "Aftercare release" means the conditional and
14    revocable release of an adjudicated delinquent juvenile
15    committed to the Department of Juvenile Justice under the
16    supervision of the Department of Juvenile Justice.
17        (1.5) "Court" means the circuit court in a session or
18    division assigned to hear proceedings under this Act, and
19    includes the term Juvenile Court.
20        (2) "Community service" means uncompensated labor for
21    a community service agency as hereinafter defined.
22        (2.5) "Community service agency" means a
23    not-for-profit organization, community organization,
24    church, charitable organization, individual, public
25    office, or other public body whose purpose is to enhance

 

 

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1    the physical or mental health of a delinquent minor or to
2    rehabilitate the minor, or to improve the environmental
3    quality or social welfare of the community which agrees to
4    accept community service from juvenile delinquents and to
5    report on the progress of the community service to the
6    State's Attorney pursuant to an agreement or to the court
7    or to any agency designated by the court or to the
8    authorized diversion program that has referred the
9    delinquent minor for community service.
10        (3) "Delinquent minor" means any minor who prior to
11    the minor's his or her 18th birthday has violated or
12    attempted to violate, regardless of where the act
13    occurred, any federal, State, county or municipal law or
14    ordinance.
15        (4) "Department" means the Department of Human
16    Services unless specifically referenced as another
17    department.
18        (5) "Detention" means the temporary care of a minor
19    who is alleged to be or has been adjudicated delinquent
20    and who requires secure custody for the minor's own
21    protection or the community's protection in a facility
22    designed to physically restrict the minor's movements,
23    pending disposition by the court or execution of an order
24    of the court for placement or commitment. Design features
25    that physically restrict movement include, but are not
26    limited to, locked rooms and the secure handcuffing of a

 

 

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1    minor to a rail or other stationary object. In addition,
2    "detention" includes the court ordered care of an alleged
3    or adjudicated delinquent minor who requires secure
4    custody pursuant to Section 5-125 of this Act.
5        (6) "Diversion" means the referral of a juvenile,
6    without court intervention, into a program that provides
7    services designed to educate the juvenile and develop a
8    productive and responsible approach to living in the
9    community.
10        (7) "Juvenile detention home" means a public facility
11    with specially trained staff that conforms to the county
12    juvenile detention standards adopted by the Department of
13    Juvenile Justice.
14        (8) "Juvenile justice continuum" means a set of
15    delinquency prevention programs and services designed for
16    the purpose of preventing or reducing delinquent acts,
17    including criminal activity by youth gangs, as well as
18    intervention, rehabilitation, and prevention services
19    targeted at minors who have committed delinquent acts, and
20    minors who have previously been committed to residential
21    treatment programs for delinquents. The term includes
22    children-in-need-of-services and
23    families-in-need-of-services programs; aftercare and
24    reentry services; substance abuse and mental health
25    programs; community service programs; community service
26    work programs; and alternative-dispute resolution programs

 

 

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1    serving youth-at-risk of delinquency and their families,
2    whether offered or delivered by State or local
3    governmental entities, public or private for-profit or
4    not-for-profit organizations, or religious or charitable
5    organizations. This term would also encompass any program
6    or service consistent with the purpose of those programs
7    and services enumerated in this subsection.
8        (9) "Juvenile police officer" means a sworn police
9    officer who has completed a Basic Recruit Training Course,
10    has been assigned to the position of juvenile police
11    officer by the officer's his or her chief law enforcement
12    officer and has completed the necessary juvenile officers
13    training as prescribed by the Illinois Law Enforcement
14    Training Standards Board, or in the case of a State police
15    officer, juvenile officer training approved by the
16    Director of the Illinois State Police.
17        (10) "Minor" means a person under the age of 21 years
18    subject to this Act.
19        (11) "Non-secure custody" means confinement where the
20    minor is not physically restricted by being placed in a
21    locked cell or room, by being handcuffed to a rail or other
22    stationary object, or by other means. Non-secure custody
23    may include, but is not limited to, electronic monitoring,
24    foster home placement, home confinement, group home
25    placement, or physical restriction of movement or activity
26    solely through facility staff.

 

 

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1        (12) "Public or community service" means uncompensated
2    labor for a not-for-profit organization or public body
3    whose purpose is to enhance physical or mental stability
4    of the offender, environmental quality or the social
5    welfare and which agrees to accept public or community
6    service from offenders and to report on the progress of
7    the offender and the public or community service to the
8    court or to the authorized diversion program that has
9    referred the offender for public or community service.
10    "Public or community service" does not include blood
11    donation or assignment to labor at a blood bank. For the
12    purposes of this Act, "blood bank" has the meaning
13    ascribed to the term in Section 2-124 of the Illinois
14    Clinical Laboratory and Blood Bank Act.
15        (13) "Sentencing hearing" means a hearing to determine
16    whether a minor should be adjudged a ward of the court, and
17    to determine what sentence should be imposed on the minor.
18    It is the intent of the General Assembly that the term
19    "sentencing hearing" replace the term "dispositional
20    hearing" and be synonymous with that definition as it was
21    used in the Juvenile Court Act of 1987.
22        (14) "Shelter" means the temporary care of a minor in
23    physically unrestricting facilities pending court
24    disposition or execution of court order for placement.
25        (15) "Site" means a not-for-profit organization,
26    public body, church, charitable organization, or

 

 

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1    individual agreeing to accept community service from
2    offenders and to report on the progress of ordered or
3    required public or community service to the court or to
4    the authorized diversion program that has referred the
5    offender for public or community service.
6        (16) "Station adjustment" means the informal or formal
7    handling of an alleged offender by a juvenile police
8    officer.
9        (17) "Trial" means a hearing to determine whether the
10    allegations of a petition under Section 5-520 that a minor
11    is delinquent are proved beyond a reasonable doubt. It is
12    the intent of the General Assembly that the term "trial"
13    replace the term "adjudicatory hearing" and be synonymous
14    with that definition as it was used in the Juvenile Court
15    Act of 1987.
16    The changes made to this Section by Public Act 98-61 apply
17to violations or attempted violations committed on or after
18January 1, 2014 (the effective date of Public Act 98-61).
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    (705 ILCS 405/5-110)
21    Sec. 5-110. Parental responsibility. This Article
22recognizes the critical role families play in the
23rehabilitation of delinquent juveniles. Parents, guardians and
24legal custodians shall participate in the assessment and
25treatment of juveniles by assisting the juvenile to recognize

 

 

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1and accept responsibility for the juvenile's his or her
2delinquent behavior. The Court may order the parents, guardian
3or legal custodian to take certain actions or to refrain from
4certain actions to serve public safety, to develop competency
5of the minor, and to promote accountability by the minor for
6the minor's his or her actions.
7(Source: P.A. 90-590, eff. 1-1-99.)
 
8    (705 ILCS 405/5-120)
9    Sec. 5-120. Exclusive jurisdiction. Proceedings may be
10instituted under the provisions of this Article concerning any
11minor who prior to the minor's his or her 18th birthday has
12violated or attempted to violate, regardless of where the act
13occurred, any federal, State, county or municipal law or
14ordinance. Except as provided in Sections 5-125, 5-130, 5-805,
15and 5-810 of this Article, no minor who was under 18 years of
16age at the time of the alleged offense may be prosecuted under
17the criminal laws of this State.
18    The changes made to this Section by this amendatory Act of
19the 98th General Assembly apply to violations or attempted
20violations committed on or after the effective date of this
21amendatory Act.
22(Source: P.A. 98-61, eff. 1-1-14.)
 
23    (705 ILCS 405/5-130)
24    Sec. 5-130. Excluded jurisdiction.

 

 

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1    (1)(a) The definition of delinquent minor under Section
25-120 of this Article shall not apply to any minor who at the
3time of an offense was at least 16 years of age and who is
4charged with: (i) first degree murder, (ii) aggravated
5criminal sexual assault, or (iii) aggravated battery with a
6firearm as described in Section 12-4.2 or subdivision (e)(1),
7(e)(2), (e)(3), or (e)(4) of Section 12-3.05 where the minor
8personally discharged a firearm as defined in Section 2-15.5
9of the Criminal Code of 1961 or the Criminal Code of 2012.
10    These charges and all other charges arising out of the
11same incident shall be prosecuted under the criminal laws of
12this State.
13    (b)(i) If before trial or plea an information or
14indictment is filed that does not charge an offense specified
15in paragraph (a) of this subsection (1) the State's Attorney
16may proceed on any lesser charge or charges, but only in
17Juvenile Court under the provisions of this Article. The
18State's Attorney may proceed on a lesser charge if before
19trial the minor defendant knowingly and with advice of counsel
20waives, in writing, the minor's his or her right to have the
21matter proceed in Juvenile Court.
22    (ii) If before trial or plea an information or indictment
23is filed that includes one or more charges specified in
24paragraph (a) of this subsection (1) and additional charges
25that are not specified in that paragraph, all of the charges
26arising out of the same incident shall be prosecuted under the

 

 

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1Criminal Code of 1961 or the Criminal Code of 2012.
2    (c)(i) If after trial or plea the minor is convicted of any
3offense covered by paragraph (a) of this subsection (1), then,
4in sentencing the minor, the court shall sentence the minor
5under Section 5-4.5-105 of the Unified Code of Corrections.
6    (ii) If after trial or plea the court finds that the minor
7committed an offense not covered by paragraph (a) of this
8subsection (1), that finding shall not invalidate the verdict
9or the prosecution of the minor under the criminal laws of the
10State; however, unless the State requests a hearing for the
11purpose of sentencing the minor under Chapter V of the Unified
12Code of Corrections, the Court must proceed under Sections
135-705 and 5-710 of this Article. To request a hearing, the
14State must file a written motion within 10 days following the
15entry of a finding or the return of a verdict. Reasonable
16notice of the motion shall be given to the minor or the minor's
17his or her counsel. If the motion is made by the State, the
18court shall conduct a hearing to determine if the minor should
19be sentenced under Chapter V of the Unified Code of
20Corrections. In making its determination, the court shall
21consider among other matters: (a) whether there is evidence
22that the offense was committed in an aggressive and
23premeditated manner; (b) the age of the minor; (c) the
24previous history of the minor; (d) whether there are
25facilities particularly available to the Juvenile Court or the
26Department of Juvenile Justice for the treatment and

 

 

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1rehabilitation of the minor; (e) whether the security of the
2public requires sentencing under Chapter V of the Unified Code
3of Corrections; and (f) whether the minor possessed a deadly
4weapon when committing the offense. The rules of evidence
5shall be the same as if at trial. If after the hearing the
6court finds that the minor should be sentenced under Chapter V
7of the Unified Code of Corrections, then the court shall
8sentence the minor under Section 5-4.5-105 of the Unified Code
9of Corrections.
10    (2) (Blank).
11    (3) (Blank).
12    (4) (Blank).
13    (5) (Blank).
14    (6) (Blank).
15    (7) The procedures set out in this Article for the
16investigation, arrest and prosecution of juvenile offenders
17shall not apply to minors who are excluded from jurisdiction
18of the Juvenile Court, except that minors under 18 years of age
19shall be kept separate from confined adults.
20    (8) Nothing in this Act prohibits or limits the
21prosecution of any minor for an offense committed on or after
22the minor's his or her 18th birthday even though the minor he
23or she is at the time of the offense a ward of the court.
24    (9) If an original petition for adjudication of wardship
25alleges the commission by a minor 13 years of age or over of an
26act that constitutes a crime under the laws of this State, the

 

 

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1minor, with the consent of the minor's his or her counsel, may,
2at any time before commencement of the adjudicatory hearing,
3file with the court a motion that criminal prosecution be
4ordered and that the petition be dismissed insofar as the act
5or acts involved in the criminal proceedings are concerned. If
6such a motion is filed as herein provided, the court shall
7enter its order accordingly.
8    (10) If, prior to August 12, 2005 (the effective date of
9Public Act 94-574), a minor is charged with a violation of
10Section 401 of the Illinois Controlled Substances Act under
11the criminal laws of this State, other than a minor charged
12with a Class X felony violation of the Illinois Controlled
13Substances Act or the Methamphetamine Control and Community
14Protection Act, any party including the minor or the court sua
15sponte may, before trial, move for a hearing for the purpose of
16trying and sentencing the minor as a delinquent minor. To
17request a hearing, the party must file a motion prior to trial.
18Reasonable notice of the motion shall be given to all parties.
19On its own motion or upon the filing of a motion by one of the
20parties including the minor, the court shall conduct a hearing
21to determine whether the minor should be tried and sentenced
22as a delinquent minor under this Article. In making its
23determination, the court shall consider among other matters:
24        (a) The age of the minor;
25        (b) Any previous delinquent or criminal history of the
26    minor;

 

 

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1        (c) Any previous abuse or neglect history of the
2    minor;
3        (d) Any mental health or educational history of the
4    minor, or both; and
5        (e) Whether there is probable cause to support the
6    charge, whether the minor is charged through
7    accountability, and whether there is evidence the minor
8    possessed a deadly weapon or caused serious bodily harm
9    during the offense.
10    Any material that is relevant and reliable shall be
11admissible at the hearing. In all cases, the judge shall enter
12an order permitting prosecution under the criminal laws of
13Illinois unless the judge makes a finding based on a
14preponderance of the evidence that the minor would be amenable
15to the care, treatment, and training programs available
16through the facilities of the juvenile court based on an
17evaluation of the factors listed in this subsection (10).
18    (11) The changes made to this Section by Public Act 98-61
19apply to a minor who has been arrested or taken into custody on
20or after January 1, 2014 (the effective date of Public Act
2198-61).
22(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14;
2399-258, eff. 1-1-16.)
 
24    (705 ILCS 405/5-145)
25    Sec. 5-145. Cooperation of agencies; Serious Habitual

 

 

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1Offender Comprehensive Action Program.
2    (a) The Serious Habitual Offender Comprehensive Action
3Program (SHOCAP) is a multi-disciplinary interagency case
4management and information sharing system that enables the
5juvenile justice system, schools, and social service agencies
6to make more informed decisions regarding a small number of
7juveniles who repeatedly commit serious delinquent acts.
8    (b) Each county in the State of Illinois, other than Cook
9County, may establish a multi-disciplinary agency (SHOCAP)
10committee. In Cook County, each subcircuit or group of
11subcircuits may establish a multi-disciplinary agency (SHOCAP)
12committee. The committee shall consist of representatives from
13the following agencies: local law enforcement, area school
14district, state's attorney's office, and court services
15(probation).
16    The chairperson chairman may appoint additional members to
17the committee as deemed appropriate to accomplish the goals of
18this program, including, but not limited to, representatives
19from the juvenile detention center, mental health, the
20Illinois Department of Children and Family Services,
21Department of Human Services and community representatives at
22large.
23    (c) The SHOCAP committee shall adopt, by a majority of the
24members:
25        (1) criteria that will identify those who qualify as a
26    serious habitual juvenile offender; and

 

 

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1        (2) a written interagency information sharing
2    agreement to be signed by the chief executive officer of
3    each of the agencies represented on the committee. The
4    interagency information sharing agreement shall include a
5    provision that requires that all records pertaining to a
6    serious habitual offender (SHO) shall be confidential.
7    Disclosure of information may be made to other staff from
8    member agencies as authorized by the SHOCAP committee for
9    the furtherance of case management and tracking of the
10    SHO. Staff from the member agencies who receive this
11    information shall be governed by the confidentiality
12    provisions of this Act. The staff from the member agencies
13    who will qualify to have access to the SHOCAP information
14    must be limited to those individuals who provide direct
15    services to the SHO or who provide supervision of the SHO.
16    (d) The Chief Juvenile Circuit Judge, or the Chief Circuit
17Judge, or the his or her designee of the Chief Juvenile Circuit
18Judge or Chief Circuit Judge, may issue a comprehensive
19information sharing court order. The court order shall allow
20agencies who are represented on the SHOCAP committee and whose
21chief executive officer has signed the interagency information
22sharing agreement to provide and disclose information to the
23SHOCAP committee. The sharing of information will ensure the
24coordination and cooperation of all agencies represented in
25providing case management and enhancing the effectiveness of
26the SHOCAP efforts.

 

 

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1    (e) Any person or agency who is participating in good
2faith in the sharing of SHOCAP information under this Act
3shall have immunity from any liability, civil, criminal, or
4otherwise, that might result by reason of the type of
5information exchanged. For the purpose of any proceedings,
6civil or criminal, the good faith of any person or agency
7permitted to share SHOCAP information under this Act shall be
8presumed.
9    (f) All reports concerning SHOCAP clients made available
10to members of the SHOCAP committee and all records generated
11from these reports shall be confidential and shall not be
12disclosed, except as specifically authorized by this Act or
13other applicable law. It is a Class A misdemeanor to permit,
14assist, or encourage the unauthorized release of any
15information contained in SHOCAP reports or records.
16(Source: P.A. 90-590, eff. 1-1-99.)
 
17    (705 ILCS 405/5-150)
18    (Text of Section before amendment by P.A. 101-652)
19    Sec. 5-150. Admissibility of evidence and adjudications in
20other proceedings.
21    (1) Evidence and adjudications in proceedings under this
22Act shall be admissible:
23        (a) in subsequent proceedings under this Act
24    concerning the same minor; or
25        (b) in criminal proceedings when the court is to

 

 

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1    determine the amount of bail, fitness of the defendant or
2    in sentencing under the Unified Code of Corrections; or
3        (c) in proceedings under this Act or in criminal
4    proceedings in which anyone who has been adjudicated
5    delinquent under Section 5-105 is to be a witness
6    including the minor or defendant if the minor or defendant
7    he or she testifies, and then only for purposes of
8    impeachment and pursuant to the rules of evidence for
9    criminal trials; or
10        (d) in civil proceedings concerning causes of action
11    arising out of the incident or incidents which initially
12    gave rise to the proceedings under this Act.
13    (2) No adjudication or disposition under this Act shall
14operate to disqualify a minor from subsequently holding public
15office nor shall operate as a forfeiture of any right,
16privilege or right to receive any license granted by public
17authority.
18    (3) The court which adjudicated that a minor has committed
19any offense relating to motor vehicles prescribed in Sections
204-102 and 4-103 of the Illinois Vehicle Code shall notify the
21Secretary of State of that adjudication and the notice shall
22constitute sufficient grounds for revoking that minor's
23driver's license or permit as provided in Section 6-205 of the
24Illinois Vehicle Code; no minor shall be considered a criminal
25by reason thereof, nor shall any such adjudication be
26considered a conviction.

 

 

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1(Source: P.A. 90-590, eff. 1-1-99.)
 
2    (Text of Section after amendment by P.A. 101-652)
3    Sec. 5-150. Admissibility of evidence and adjudications in
4other proceedings.
5    (1) Evidence and adjudications in proceedings under this
6Act shall be admissible:
7        (a) in subsequent proceedings under this Act
8    concerning the same minor; or
9        (b) in criminal proceedings when the court is to
10    determine the conditions of pretrial release, fitness of
11    the defendant or in sentencing under the Unified Code of
12    Corrections; or
13        (c) in proceedings under this Act or in criminal
14    proceedings in which anyone who has been adjudicated
15    delinquent under Section 5-105 is to be a witness
16    including the minor or defendant if the minor or defendant
17    he or she testifies, and then only for purposes of
18    impeachment and pursuant to the rules of evidence for
19    criminal trials; or
20        (d) in civil proceedings concerning causes of action
21    arising out of the incident or incidents which initially
22    gave rise to the proceedings under this Act.
23    (2) No adjudication or disposition under this Act shall
24operate to disqualify a minor from subsequently holding public
25office nor shall operate as a forfeiture of any right,

 

 

SB3961- 554 -LRB102 22864 WGH 32015 b

1privilege or right to receive any license granted by public
2authority.
3    (3) The court which adjudicated that a minor has committed
4any offense relating to motor vehicles prescribed in Sections
54-102 and 4-103 of the Illinois Vehicle Code shall notify the
6Secretary of State of that adjudication and the notice shall
7constitute sufficient grounds for revoking that minor's
8driver's license or permit as provided in Section 6-205 of the
9Illinois Vehicle Code; no minor shall be considered a criminal
10by reason thereof, nor shall any such adjudication be
11considered a conviction.
12(Source: P.A. 101-652, eff. 1-1-23.)
 
13    (705 ILCS 405/5-155)
14    Sec. 5-155. Any weapon in possession of a minor found to be
15a delinquent under Section 5-105 for an offense involving the
16use of a weapon or for being in possession of a weapon during
17the commission of an offense shall be confiscated and disposed
18of by the juvenile court whether the weapon is the property of
19the minor or the minor's his or her parent or guardian.
20Disposition of the weapon by the court shall be in accordance
21with Section 24-6 of the Criminal Code of 2012.
22(Source: P.A. 97-1150, eff. 1-25-13.)
 
23    (705 ILCS 405/5-160)
24    Sec. 5-160. Liability for injury, loss, or tortious acts.

 

 

SB3961- 555 -LRB102 22864 WGH 32015 b

1Neither the State or any unit of local government, probation
2department, or public or community service program or site,
3nor any official, volunteer, or employee of the State or a unit
4of local government, probation department, public or community
5service program or site acting in the course of performing his
6or her official duties shall be liable for any injury or loss a
7person might receive while performing public or community
8service as ordered either (1) by the court or (2) by any duly
9authorized station adjustment or probation adjustment, teen
10court, community mediation, or other administrative diversion
11program authorized by this Act for a violation of a penal
12statute of this State or a local government ordinance (whether
13penal, civil, or quasi-criminal) or for a traffic offense, nor
14shall they be liable for any tortious acts of any person
15performing public or community service, except for willful
16wilful, wanton misconduct or gross negligence on the part of
17the governmental unit, probation department, or public or
18community service program or site or on the part of the
19official, volunteer, or employee.
20(Source: P.A. 91-820, eff. 6-13-00; 92-16, eff. 6-28-01.)
 
21    (705 ILCS 405/5-170)
22    Sec. 5-170. Representation by counsel.
23    (a) In a proceeding under this Article, a minor who was
24under 15 years of age at the time of the commission of an act
25that if committed by an adult would be a violation of Section

 

 

SB3961- 556 -LRB102 22864 WGH 32015 b

19-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30,
211-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
312-16 of the Criminal Code of 1961 or the Criminal Code of 2012
4must be represented by counsel throughout the entire custodial
5interrogation of the minor.
6    (b) In a judicial proceeding under this Article, a minor
7may not waive the right to the assistance of counsel in the
8minor's his or her defense.
9(Source: P.A. 99-882, eff. 1-1-17.)
 
10    (705 ILCS 405/5-301)
11    Sec. 5-301. Station adjustments. A minor arrested for any
12offense or a violation of a condition of previous station
13adjustment may receive a station adjustment for that arrest as
14provided herein. In deciding whether to impose a station
15adjustment, either informal or formal, a juvenile police
16officer shall consider the following factors:
17        (A) The seriousness of the alleged offense.
18        (B) The prior history of delinquency of the minor.
19        (C) The age of the minor.
20        (D) The culpability of the minor in committing the
21    alleged offense.
22        (E) Whether the offense was committed in an aggressive
23    or premeditated manner.
24        (F) Whether the minor used or possessed a deadly
25    weapon when committing the alleged offenses.

 

 

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1    (1) Informal station adjustment.
2        (a) An informal station adjustment is defined as a
3    procedure when a juvenile police officer determines that
4    there is probable cause to believe that the minor has
5    committed an offense.
6        (b) A minor shall receive no more than 3 informal
7    station adjustments statewide for a misdemeanor offense
8    within 3 years without prior approval from the State's
9    Attorney's Office.
10        (c) A minor shall receive no more than 3 informal
11    station adjustments statewide for a felony offense within
12    3 years without prior approval from the State's Attorney's
13    Office.
14        (d) A minor shall receive a combined total of no more
15    than 5 informal station adjustments statewide during the
16    person's his or her minority.
17        (e) The juvenile police officer may make reasonable
18    conditions of an informal station adjustment which may
19    include but are not limited to:
20            (i) Curfew.
21            (ii) Conditions restricting entry into designated
22        geographical areas.
23            (iii) No contact with specified persons.
24            (iv) School attendance.
25            (v) Performing up to 25 hours of community service
26        work.

 

 

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1            (vi) Community mediation.
2            (vii) Teen court or a peer court.
3            (viii) Restitution limited to 90 days.
4        (f) If the minor refuses or fails to abide by the
5    conditions of an informal station adjustment, the juvenile
6    police officer may impose a formal station adjustment or
7    refer the matter to the State's Attorney's Office.
8        (g) An informal station adjustment does not constitute
9    an adjudication of delinquency or a criminal conviction.
10    Beginning January 1, 2000, a record shall be maintained
11    with the Illinois State Police for informal station
12    adjustments for offenses that would be a felony if
13    committed by an adult, and may be maintained if the
14    offense would be a misdemeanor.
15    (2) Formal station adjustment.
16        (a) A formal station adjustment is defined as a
17    procedure when a juvenile police officer determines that
18    there is probable cause to believe the minor has committed
19    an offense and an admission by the minor of involvement in
20    the offense.
21        (b) The minor and parent, guardian, or legal custodian
22    must agree in writing to the formal station adjustment and
23    must be advised of the consequences of violation of any
24    term of the agreement.
25        (c) The minor and parent, guardian or legal custodian
26    shall be provided a copy of the signed agreement of the

 

 

SB3961- 559 -LRB102 22864 WGH 32015 b

1    formal station adjustment. The agreement shall include:
2            (i) The offense which formed the basis of the
3        formal station adjustment.
4            (ii) An acknowledgment that the terms of the
5        formal station adjustment and the consequences for
6        violation have been explained.
7            (iii) An acknowledgment that the formal station
8        adjustments record may be expunged under Section 5-915
9        of this Act.
10            (iv) An acknowledgment that the minor understands
11        that the minor's his or her admission of involvement
12        in the offense may be admitted into evidence in future
13        court hearings.
14            (v) A statement that all parties understand the
15        terms and conditions of formal station adjustment and
16        agree to the formal station adjustment process.
17        (d) Conditions of the formal station adjustment may
18    include, but are not limited to:
19            (i) The time shall not exceed 120 days.
20            (ii) The minor shall not violate any laws.
21            (iii) The juvenile police officer may require the
22        minor to comply with additional conditions for the
23        formal station adjustment which may include but are
24        not limited to:
25                (a) Attending school.
26                (b) Abiding by a set curfew.

 

 

SB3961- 560 -LRB102 22864 WGH 32015 b

1                (c) Payment of restitution.
2                (d) Refraining from possessing a firearm or
3            other weapon.
4                (e) Reporting to a police officer at
5            designated times and places, including reporting
6            and verification that the minor is at home at
7            designated hours.
8                (f) Performing up to 25 hours of community
9            service work.
10                (g) Refraining from entering designated
11            geographical areas.
12                (h) Participating in community mediation.
13                (i) Participating in teen court or peer court.
14                (j) Refraining from contact with specified
15            persons.
16        (e) A formal station adjustment does not constitute an
17    adjudication of delinquency or a criminal conviction.
18    Beginning January 1, 2000, a record shall be maintained
19    with the Illinois State Police for formal station
20    adjustments.
21        (f) A minor or the minor's parent, guardian, or legal
22    custodian, or both the minor and the minor's parent,
23    guardian, or legal custodian, may refuse a formal station
24    adjustment and have the matter referred for court action
25    or other appropriate action.
26        (g) A minor or the minor's parent, guardian, or legal

 

 

SB3961- 561 -LRB102 22864 WGH 32015 b

1    custodian, or both the minor and the minor's parent,
2    guardian, or legal custodian, may within 30 days of the
3    commencement of the formal station adjustment revoke their
4    consent and have the matter referred for court action or
5    other appropriate action. This revocation must be in
6    writing and personally served upon the police officer or
7    the police officer's his or her supervisor.
8        (h) The admission of the minor as to involvement in
9    the offense shall be admissible at further court hearings
10    as long as the statement would be admissible under the
11    rules of evidence.
12        (i) If the minor violates any term or condition of the
13    formal station adjustment the juvenile police officer
14    shall provide written notice of violation to the minor and
15    the minor's parent, guardian, or legal custodian. After
16    consultation with the minor and the minor's parent,
17    guardian, or legal custodian, the juvenile police officer
18    may take any of the following steps upon violation:
19            (i) Warn the minor of consequences of continued
20        violations and continue the formal station adjustment.
21            (ii) Extend the period of the formal station
22        adjustment up to a total of 180 days.
23            (iii) Extend the hours of community service work
24        up to a total of 40 hours.
25            (iv) Terminate the formal station adjustment
26        unsatisfactorily and take no other action.

 

 

SB3961- 562 -LRB102 22864 WGH 32015 b

1            (v) Terminate the formal station adjustment
2        unsatisfactorily and refer the matter to the juvenile
3        court.
4        (j) A minor shall receive no more than 2 formal
5    station adjustments statewide for a felony offense without
6    the State's Attorney's approval within a 3 year period.
7        (k) A minor shall receive no more than 3 formal
8    station adjustments statewide for a misdemeanor offense
9    without the State's Attorney's approval within a 3 year
10    period.
11        (l) The total for formal station adjustments statewide
12    within the period of minority may not exceed 4 without the
13    State's Attorney's approval.
14        (m) If the minor is arrested in a jurisdiction where
15    the minor does not reside, the formal station adjustment
16    may be transferred to the jurisdiction where the minor
17    does reside upon written agreement of that jurisdiction to
18    monitor the formal station adjustment.
19    (3) Beginning January 1, 2000, the juvenile police officer
20making a station adjustment shall assure that information
21about any offense which would constitute a felony if committed
22by an adult and may assure that information about a
23misdemeanor is transmitted to the Illinois State Police.
24    (4) The total number of station adjustments, both formal
25and informal, shall not exceed 9 without the State's
26Attorney's approval for any minor arrested anywhere in the

 

 

SB3961- 563 -LRB102 22864 WGH 32015 b

1State.
2(Source: P.A. 102-538, eff. 8-20-21.)
 
3    (705 ILCS 405/5-305)
4    Sec. 5-305. Probation adjustment.
5    (1) The court may authorize the probation officer to
6confer in a preliminary conference with a minor who is alleged
7to have committed an offense, the minor's his or her parent,
8guardian or legal custodian, the victim, the juvenile police
9officer, the State's Attorney, and other interested persons
10concerning the advisability of filing a petition under Section
115-520, with a view to adjusting suitable cases without the
12filing of a petition as provided for in this Article, the
13probation officer should schedule a conference promptly except
14when the State's Attorney insists on court action or when the
15minor has indicated that the minor he or she will demand a
16judicial hearing and will not comply with a probation
17adjustment.
18    (1-b) In any case of a minor who is in custody, the holding
19of a probation adjustment conference does not operate to
20prolong temporary custody beyond the period permitted by
21Section 5-415.
22    (2) This Section does not authorize any probation officer
23to compel any person to appear at any conference, produce any
24papers, or visit any place.
25    (3) No statement made during a preliminary conference in

 

 

SB3961- 564 -LRB102 22864 WGH 32015 b

1regard to the offense that is the subject of the conference may
2be admitted into evidence at an adjudicatory hearing or at any
3proceeding against the minor under the criminal laws of this
4State prior to the minor's his or her conviction under those
5laws.
6    (4) When a probation adjustment is appropriate, the
7probation officer shall promptly formulate a written,
8non-judicial adjustment plan following the initial conference.
9    (5) Non-judicial probation adjustment plans include but
10are not limited to the following:
11        (a) up to 6 months informal supervision within the
12    family;
13        (b) up to 12 months informal supervision with a
14    probation officer involved which may include any
15    conditions of probation provided in Section 5-715;
16        (c) up to 6 months informal supervision with release
17    to a person other than a parent;
18        (d) referral to special educational, counseling, or
19    other rehabilitative social or educational programs;
20        (e) referral to residential treatment programs;
21        (f) participation in a public or community service
22    program or activity; and
23        (g) any other appropriate action with the consent of
24    the minor and a parent.
25    (6) The factors to be considered by the probation officer
26in formulating a non-judicial probation adjustment plan shall

 

 

SB3961- 565 -LRB102 22864 WGH 32015 b

1be the same as those limited in subsection (4) of Section
25-405.
3    (7) Beginning January 1, 2000, the probation officer who
4imposes a probation adjustment plan shall assure that
5information about an offense which would constitute a felony
6if committed by an adult, and may assure that information
7about a misdemeanor offense, is transmitted to the Illinois
8State Police.
9    (8) If the minor fails to comply with any term or condition
10of the non-judicial probation adjustment, the matter shall be
11referred to the State's Attorney for determination of whether
12a petition under this Article shall be filed.
13(Source: P.A. 102-538, eff. 8-20-21.)
 
14    (705 ILCS 405/5-310)
15    Sec. 5-310. Community mediation program.
16    (1) Program purpose. The purpose of community mediation is
17to provide a system by which minors who commit delinquent acts
18may be dealt with in a speedy and informal manner at the
19community or neighborhood level. The goal is to make the
20juvenile understand the seriousness of the juvenile's his or
21her actions and the effect that a crime has on the minor, the
22minor's his or her family, the minor's his or her victim and
23the minor's his or her community. In addition, this system
24offers a method to reduce the ever-increasing instances of
25delinquent acts while permitting the judicial system to deal

 

 

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1effectively with cases that are more serious in nature.
2    (2) Community mediation panels. The State's Attorney, or
3an entity designated by the State's Attorney, may establish
4community mediation programs designed to provide citizen
5participation in addressing juvenile delinquency. The State's
6Attorney, or the State's Attorney's his or her designee, shall
7maintain a list of qualified persons who have agreed to serve
8as community mediators. To the maximum extent possible, panel
9membership shall reflect the social-economic, racial and
10ethnic make-up of the community in which the panel sits. The
11panel shall consist of members with a diverse background in
12employment, education and life experience.
13    (3) Community mediation cases.
14        (a) Community mediation programs shall provide one or
15    more community mediation panels to informally hear cases
16    that are referred by a police officer as a station
17    adjustment, or a probation officer as a probation
18    adjustment, or referred by the State's Attorney as a
19    diversion from prosecution.
20        (b) Minors who are offered the opportunity to
21    participate in the program must admit responsibility for
22    the offense to be eligible for the program.
23    (4) Disposition of cases. Subsequent to any hearing held,
24the community mediation panel may:
25        (a) Refer the minor for placement in a community-based
26    nonresidential program.

 

 

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1        (b) Refer the minor or the minor's family to community
2    counseling.
3        (c) Require the minor to perform up to 100 hours of
4    community service.
5        (d) Require the minor to make restitution in money or
6    in kind in a case involving property damage; however, the
7    amount of restitution shall not exceed the amount of
8    actual damage to property.
9        (e) Require the minor and the minor's his or her
10    parent, guardian, or legal custodian to undergo an
11    approved screening for substance abuse or use, or both. If
12    the screening indicates a need, a drug and alcohol
13    assessment of the minor and the minor's his or her parent,
14    guardian, or legal custodian shall be conducted by an
15    entity licensed by the Department of Human Services, as a
16    successor to the Department of Alcoholism and Substance
17    Abuse. The minor and the minor's his or her parent,
18    guardian, or legal custodian shall adhere to and complete
19    all recommendations to obtain drug and alcohol treatment
20    and counseling resulting from the assessment.
21        (f) Require the minor to attend school.
22        (g) Require the minor to attend tutorial sessions.
23        (h) Impose any other restrictions or sanctions that
24    are designed to encourage responsible and acceptable
25    behavior and are agreed upon by the participants of the
26    community mediation proceedings.

 

 

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1    (5) The agreement shall run no more than 6 months. All
2community mediation panel members and observers are required
3to sign the following oath of confidentiality prior to
4commencing community mediation proceedings:
5            "I solemnly swear or affirm that I will not
6        divulge, either by words or signs, any information
7        about the case which comes to my knowledge in the
8        course of a community mediation presentation and that
9        I will keep secret all proceedings which may be held in
10        my presence.
11            Further, I understand that if I break
12        confidentiality by telling anyone else the names of
13        community mediation participants, except for
14        information pertaining to the community mediation
15        panelists themselves, or any other specific details of
16        the case which may identify that juvenile, I will no
17        longer be able to serve as a community mediation panel
18        member or observer."
19    (6) The State's Attorney shall adopt rules and procedures
20governing administration of the program.
21(Source: P.A. 90-590, eff. 1-1-99.)
 
22    (705 ILCS 405/5-401)
23    Sec. 5-401. Arrest and taking into custody of a minor.
24    (1) A law enforcement officer may, without a warrant,
25        (a) arrest a minor whom the officer with probable

 

 

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1    cause believes to be a delinquent minor; or
2        (b) take into custody a minor who has been adjudged a
3    ward of the court and has escaped from any commitment
4    ordered by the court under this Act; or
5        (c) take into custody a minor whom the officer
6    reasonably believes has violated the conditions of
7    probation or supervision ordered by the court.
8    (2) Whenever a petition has been filed under Section 5-520
9and the court finds that the conduct and behavior of the minor
10may endanger the health, person, welfare, or property of the
11minor or others or that the circumstances of the minor's his or
12her home environment may endanger the minor's his or her
13health, person, welfare or property, a warrant may be issued
14immediately to take the minor into custody.
15    (3) Except for minors accused of violation of an order of
16the court, any minor accused of any act under federal or State
17law, or a municipal or county ordinance that would not be
18illegal if committed by an adult, cannot be placed in a jail,
19municipal lockup, detention center, or secure correctional
20facility. Juveniles accused with underage consumption and
21underage possession of alcohol or cannabis cannot be placed in
22a jail, municipal lockup, detention center, or correctional
23facility.
24(Source: P.A. 101-27, eff. 6-25-19.)
 
25    (705 ILCS 405/5-401.5)

 

 

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1    Sec. 5-401.5. When statements by minor may be used.
2    (a) In this Section, "custodial interrogation" means any
3interrogation (i) during which a reasonable person in the
4subject's position would consider the subject himself or
5herself to be in custody and (ii) during which a question is
6asked that is reasonably likely to elicit an incriminating
7response.
8    In this Section, "electronic recording" includes motion
9picture, audiotape, videotape, or digital recording.
10    In this Section, "place of detention" means a building or
11a police station that is a place of operation for a municipal
12police department or county sheriff department or other law
13enforcement agency at which persons are or may be held in
14detention in connection with criminal charges against those
15persons or allegations that those persons are delinquent
16minors.
17    (a-5) An oral, written, or sign language statement of a
18minor, who at the time of the commission of the offense was
19under 18 years of age, is presumed to be inadmissible when the
20statement is obtained from the minor while the minor is
21subject to custodial interrogation by a law enforcement
22officer, State's Attorney, juvenile officer, or other public
23official or employee prior to the officer, State's Attorney,
24public official, or employee:
25        (1) continuously reads to the minor, in its entirety
26    and without stopping for purposes of a response from the

 

 

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1    minor or verifying comprehension, the following statement:
2    "You have the right to remain silent. That means you do not
3    have to say anything. Anything you do say can be used
4    against you in court. You have the right to get help from a
5    lawyer. If you cannot pay for a lawyer, the court will get
6    you one for free. You can ask for a lawyer at any time. You
7    have the right to stop this interview at any time."; and
8        (2) after reading the statement required by paragraph
9    (1) of this subsection (a-5), the public official or
10    employee shall ask the minor the following questions and
11    wait for the minor's response to each question:
12            (A) "Do you want to have a lawyer?"
13            (B) "Do you want to talk to me?"
14    (b) An oral, written, or sign language statement of a
15minor who, at the time of the commission of the offense was
16under the age of 18 years, made as a result of a custodial
17interrogation conducted at a police station or other place of
18detention on or after the effective date of this amendatory
19Act of the 99th General Assembly shall be presumed to be
20inadmissible as evidence against the minor in any criminal
21proceeding or juvenile court proceeding, for an act that if
22committed by an adult would be a misdemeanor offense under
23Article 11 of the Criminal Code of 2012 or any felony offense
24unless:
25        (1) an electronic recording is made of the custodial
26    interrogation; and

 

 

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1        (2) the recording is substantially accurate and not
2    intentionally altered.
3    (b-5) (Blank).
4    (b-10) If, during the course of an electronically recorded
5custodial interrogation conducted under this Section of a
6minor who, at the time of the commission of the offense was
7under the age of 18 years, the minor makes a statement that
8creates a reasonable suspicion to believe the minor has
9committed an act that if committed by an adult would be an
10offense other than an offense required to be recorded under
11subsection (b), the interrogators may, without the minor's
12consent, continue to record the interrogation as it relates to
13the other offense notwithstanding any provision of law to the
14contrary. Any oral, written, or sign language statement of a
15minor made as a result of an interrogation under this
16subsection shall be presumed to be inadmissible as evidence
17against the minor in any criminal proceeding or juvenile court
18proceeding, unless the recording is substantially accurate and
19not intentionally altered.
20    (c) Every electronic recording made under this Section
21must be preserved until such time as the minor's adjudication
22for any offense relating to the statement is final and all
23direct and habeas corpus appeals are exhausted, or the
24prosecution of such offenses is barred by law.
25    (d) If the court finds, by a preponderance of the
26evidence, that the minor was subjected to a custodial

 

 

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1interrogation in violation of this Section, then any
2statements made by the minor during or following that
3non-recorded custodial interrogation, even if otherwise in
4compliance with this Section, are presumed to be inadmissible
5in any criminal proceeding or juvenile court proceeding
6against the minor except for the purposes of impeachment.
7    (e) Nothing in this Section precludes the admission (i) of
8a statement made by the minor in open court in any criminal
9proceeding or juvenile court proceeding, before a grand jury,
10or at a preliminary hearing, (ii) of a statement made during a
11custodial interrogation that was not recorded as required by
12this Section because electronic recording was not feasible,
13(iii) of a voluntary statement, whether or not the result of a
14custodial interrogation, that has a bearing on the credibility
15of the accused as a witness, (iv) of a spontaneous statement
16that is not made in response to a question, (v) of a statement
17made after questioning that is routinely asked during the
18processing of the arrest of the suspect, (vi) of a statement
19made during a custodial interrogation by a suspect who
20requests, prior to making the statement, to respond to the
21interrogator's questions only if an electronic recording is
22not made of the statement, provided that an electronic
23recording is made of the statement of agreeing to respond to
24the interrogator's question, only if a recording is not made
25of the statement, (vii) of a statement made during a custodial
26interrogation that is conducted out-of-state, (viii) of a

 

 

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1statement given in violation of subsection (b) at a time when
2the interrogators are unaware that a death has in fact
3occurred, (ix) (blank), or (x) of any other statement that may
4be admissible under law. The State shall bear the burden of
5proving, by a preponderance of the evidence, that one of the
6exceptions described in this subsection (e) is applicable.
7Nothing in this Section precludes the admission of a
8statement, otherwise inadmissible under this Section, that is
9used only for impeachment and not as substantive evidence.
10    (f) The presumption of inadmissibility of a statement made
11by a suspect at a custodial interrogation at a police station
12or other place of detention may be overcome by a preponderance
13of the evidence that the statement was voluntarily given and
14is reliable, based on the totality of the circumstances.
15    (g) Any electronic recording of any statement made by a
16minor during a custodial interrogation that is compiled by any
17law enforcement agency as required by this Section for the
18purposes of fulfilling the requirements of this Section shall
19be confidential and exempt from public inspection and copying,
20as provided under Section 7 of the Freedom of Information Act,
21and the information shall not be transmitted to anyone except
22as needed to comply with this Section.
23    (h) A statement, admission, confession, or incriminating
24information made by or obtained from a minor related to the
25instant offense, as part of any behavioral health screening,
26assessment, evaluation, or treatment, whether or not

 

 

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1court-ordered, shall not be admissible as evidence against the
2minor on the issue of guilt only in the instant juvenile court
3proceeding. The provisions of this subsection (h) are in
4addition to and do not override any existing statutory and
5constitutional prohibition on the admission into evidence in
6delinquency proceedings of information obtained during
7screening, assessment, or treatment.
8    (i) The changes made to this Section by Public Act 98-61
9apply to statements of a minor made on or after January 1, 2014
10(the effective date of Public Act 98-61).
11(Source: P.A. 98-61, eff. 1-1-14; 98-547, eff. 1-1-14; 98-756,
12eff. 7-16-14; 99-882, eff. 1-1-17.)
 
13    (705 ILCS 405/5-401.6)
14    Sec. 5-401.6. Prohibition of deceptive tactics.
15    (a) In this Section:
16    "Custodial interrogation" means any interrogation (i)
17during which a reasonable person in the subject's position
18would consider the subject himself or herself to be in custody
19and (ii) during which a question is asked that is reasonably
20likely to elicit an incriminating response.
21    "Deception" means the knowing communication of false facts
22about evidence or unauthorized statements regarding leniency
23by a law enforcement officer or juvenile officer to a subject
24of custodial interrogation.
25    "Place of detention" means a building or a police station

 

 

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1that is a place of operation for a municipal police department
2or county sheriff department or other law enforcement agency
3at which persons are or may be held in detention in connection
4with criminal charges against those persons or allegations
5that those persons are delinquent minors.
6    (b) An oral, written, or sign language confession of a
7minor, who at the time of the commission of the offense was
8under 18 years of age, made as a result of a custodial
9interrogation conducted at a police station or other place of
10detention on or after the effective date of this amendatory
11Act of the 102nd General Assembly shall be presumed to be
12inadmissible as evidence against the minor making the
13confession in a criminal proceeding or a juvenile court
14proceeding for an act that if committed by an adult would be a
15misdemeanor offense under Article 11 of the Criminal Code of
162012 or a felony offense under the Criminal Code of 2012 if,
17during the custodial interrogation, a law enforcement officer
18or juvenile officer knowingly engages in deception.
19    (c) The presumption of inadmissibility of a confession of
20a minor, who at the time of the commission of the offense was
21under 18 years of age, at a custodial interrogation at a police
22station or other place of detention, when such confession is
23procured through the knowing use of deception, may be overcome
24by a preponderance of the evidence that the confession was
25voluntarily given, based on the totality of the circumstances.
26    (d) The burden of going forward with the evidence and the

 

 

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1burden of proving that a confession was voluntary shall be on
2the State. Objection to the failure of the State to call all
3material witnesses on the issue of whether the confession was
4voluntary must be made in the trial court.
5(Source: P.A. 102-101, eff. 1-1-22.)
 
6    (705 ILCS 405/5-405)
7    Sec. 5-405. Duty of officer; admissions by minor.
8    (1) A law enforcement officer who arrests a minor with a
9warrant shall immediately make a reasonable attempt to notify
10the parent or other person legally responsible for the minor's
11care or the person with whom the minor resides that the minor
12has been arrested and where the minor he or she is being held.
13The minor shall be delivered without unnecessary delay to the
14court or to the place designated by rule or order of court for
15the reception of minors.
16    (2) A law enforcement officer who arrests a minor without
17a warrant under Section 5-401 shall, if the minor is not
18released, immediately make a reasonable attempt to notify the
19parent or other person legally responsible for the minor's
20care or the person with whom the minor resides that the minor
21has been arrested and where the minor is being held; and the
22law enforcement officer shall without unnecessary delay take
23the minor to the nearest juvenile police officer designated
24for these purposes in the county of venue or shall surrender
25the minor to a juvenile police officer in the city or village

 

 

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1where the offense is alleged to have been committed. If a minor
2is taken into custody for an offense which would be a
3misdemeanor if committed by an adult, the law enforcement
4officer, upon determining the true identity of the minor, may
5release the minor to the parent or other person legally
6responsible for the minor's care or the person with whom the
7minor resides. If a minor is so released, the law enforcement
8officer shall promptly notify a juvenile police officer of the
9circumstances of the custody and release.
10    (3) The juvenile police officer may take one of the
11following actions:
12        (a) station adjustment and release of the minor;
13        (b) release the minor to the minor's his or her
14    parents and refer the case to Juvenile Court;
15        (c) if the juvenile police officer reasonably believes
16    that there is an urgent and immediate necessity to keep
17    the minor in custody, the juvenile police officer shall
18    deliver the minor without unnecessary delay to the court
19    or to the place designated by rule or order of court for
20    the reception of minors;
21        (d) any other appropriate action with consent of the
22    minor or a parent.
23    (4) The factors to be considered in determining whether to
24release or keep a minor in custody shall include:
25        (a) the nature of the allegations against the minor;
26        (b) the minor's history and present situation;

 

 

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1        (c) the history of the minor's family and the family's
2    present situation;
3        (d) the educational and employment status of the
4    minor;
5        (e) the availability of special resource or community
6    services to aid or counsel the minor;
7        (f) the minor's past involvement with and progress in
8    social programs;
9        (g) the attitude of complainant and community toward
10    the minor; and
11        (h) the present attitude of the minor and family.
12    (5) The records of law enforcement officers concerning all
13minors taken into custody under this Act shall be maintained
14separate from the records of arrests of adults and may not be
15inspected by or disclosed to the public except pursuant to
16Section 5-901 and Section 5-905.
17(Source: P.A. 90-590, eff. 1-1-99.)
 
18    (705 ILCS 405/5-407)
19    Sec. 5-407. Processing of juvenile in possession of a
20firearm.
21    (a) If a law enforcement officer detains a minor pursuant
22to Section 10-27.1A of the School Code, the officer shall
23deliver the minor to the nearest juvenile officer, in the
24manner prescribed by subsection (2) of Section 5-405 of this
25Act. The juvenile officer shall deliver the minor without

 

 

SB3961- 580 -LRB102 22864 WGH 32015 b

1unnecessary delay to the court or to the place designated by
2rule or order of court for the reception of minors. In no event
3shall the minor be eligible for any other disposition by the
4juvenile police officer, notwithstanding the provisions of
5subsection (3) of Section 5-405 of this Act.
6    (b) Minors shall be brought before a judicial officer
7within 40 hours, exclusive of Saturdays, Sundays, and
8court-designated holidays, for a detention hearing to
9determine whether the minor he or she shall be further held in
10custody. If the court finds that there is probable cause to
11believe that the minor is a delinquent minor by virtue of the
12minor's his or her violation of item (4) of subsection (a) of
13Section 24-1 of the Criminal Code of 1961 or the Criminal Code
14of 2012 while on school grounds, that finding shall create a
15presumption that immediate and urgent necessity exists under
16subdivision (2) of Section 5-501 of this Act. Once the
17presumption of immediate and urgent necessity has been raised,
18the burden of demonstrating the lack of immediate and urgent
19necessity shall be on any party that is opposing detention for
20the minor. Should the court order detention pursuant to this
21Section, the minor shall be detained, pending the results of a
22court-ordered psychological evaluation to determine if the
23minor is a risk to the minor himself, herself, or others. Upon
24receipt of the psychological evaluation, the court shall
25review the determination regarding the existence of urgent and
26immediate necessity. The court shall consider the

 

 

SB3961- 581 -LRB102 22864 WGH 32015 b

1psychological evaluation in conjunction with the other factors
2identified in subdivision (2) of Section 5-501 of this Act in
3order to make a de novo determination regarding whether it is a
4matter of immediate and urgent necessity for the protection of
5the minor or of the person or property of another that the
6minor be detained or placed in a shelter care facility. In
7addition to the pre-trial conditions found in Section 5-505 of
8this Act, the court may order the minor to receive counseling
9and any other services recommended by the psychological
10evaluation as a condition for release of the minor.
11    (c) Upon making a determination that the student presents
12a risk to the student himself, herself, or others, the court
13shall issue an order restraining the student from entering the
14property of the school if the student he or she has been
15suspended or expelled from the school as a result of
16possessing a firearm. The order shall restrain the student
17from entering the school and school owned or leased property,
18including any conveyance owned, leased, or contracted by the
19school to transport students to or from school or a
20school-related activity. The order shall remain in effect
21until such time as the court determines that the student no
22longer presents a risk to the student himself, herself, or
23others.
24    (d) Psychological evaluations ordered pursuant to
25subsection (b) of this Section and statements made by the
26minor during the course of these evaluations, shall not be

 

 

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1admissible on the issue of delinquency during the course of
2any adjudicatory hearing held under this Act.
3    (e) In this Section:
4    "School" means any public or private elementary or
5secondary school.
6    "School grounds" includes the real property comprising any
7school, any conveyance owned, leased, or contracted by a
8school to transport students to or from school or a
9school-related activity, or any public way within 1,000 feet
10of the real property comprising any school.
11(Source: P.A. 99-258, eff. 1-1-16.)
 
12    (705 ILCS 405/5-410)
13    Sec. 5-410. Non-secure custody or detention.
14    (1) Any minor arrested or taken into custody pursuant to
15this Act who requires care away from the minor's his or her
16home but who does not require physical restriction shall be
17given temporary care in a foster family home or other shelter
18facility designated by the court.
19    (2) (a) Any minor 10 years of age or older arrested
20pursuant to this Act where there is probable cause to believe
21that the minor is a delinquent minor and that (i) secure
22custody is a matter of immediate and urgent necessity for the
23protection of the minor or of the person or property of
24another, (ii) the minor is likely to flee the jurisdiction of
25the court, or (iii) the minor was taken into custody under a

 

 

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1warrant, may be kept or detained in an authorized detention
2facility. A minor under 13 years of age shall not be admitted,
3kept, or detained in a detention facility unless a local youth
4service provider, including a provider through the
5Comprehensive Community Based Youth Services network, has been
6contacted and has not been able to accept the minor. No minor
7under 12 years of age shall be detained in a county jail or a
8municipal lockup for more than 6 hours.
9    (a-5) For a minor arrested or taken into custody for
10vehicular hijacking or aggravated vehicular hijacking, a
11previous finding of delinquency for vehicular hijacking or
12aggravated vehicular hijacking shall be given greater weight
13in determining whether secured custody of a minor is a matter
14of immediate and urgent necessity for the protection of the
15minor or of the person or property of another.
16    (b) The written authorization of the probation officer or
17detention officer (or other public officer designated by the
18court in a county having 3,000,000 or more inhabitants)
19constitutes authority for the superintendent of any juvenile
20detention home to detain and keep a minor for up to 40 hours,
21excluding Saturdays, Sundays, and court-designated holidays.
22These records shall be available to the same persons and
23pursuant to the same conditions as are law enforcement records
24as provided in Section 5-905.
25    (b-4) The consultation required by paragraph (b-5) shall
26not be applicable if the probation officer or detention

 

 

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1officer (or other public officer designated by the court in a
2county having 3,000,000 or more inhabitants) utilizes a
3scorable detention screening instrument, which has been
4developed with input by the State's Attorney, to determine
5whether a minor should be detained, however, paragraph (b-5)
6shall still be applicable where no such screening instrument
7is used or where the probation officer, detention officer (or
8other public officer designated by the court in a county
9having 3,000,000 or more inhabitants) deviates from the
10screening instrument.
11    (b-5) Subject to the provisions of paragraph (b-4), if a
12probation officer or detention officer (or other public
13officer designated by the court in a county having 3,000,000
14or more inhabitants) does not intend to detain a minor for an
15offense which constitutes one of the following offenses, the
16probation officer or detention officer (or other public
17officer designated by the court in a county having 3,000,000
18or more inhabitants) he or she shall consult with the State's
19Attorney's Office prior to the release of the minor: first
20degree murder, second degree murder, involuntary manslaughter,
21criminal sexual assault, aggravated criminal sexual assault,
22aggravated battery with a firearm as described in Section
2312-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
24Section 12-3.05, aggravated or heinous battery involving
25permanent disability or disfigurement or great bodily harm,
26robbery, aggravated robbery, armed robbery, vehicular

 

 

SB3961- 585 -LRB102 22864 WGH 32015 b

1hijacking, aggravated vehicular hijacking, vehicular invasion,
2arson, aggravated arson, kidnapping, aggravated kidnapping,
3home invasion, burglary, or residential burglary.
4    (c) Except as otherwise provided in paragraph (a), (d), or
5(e), no minor shall be detained in a county jail or municipal
6lockup for more than 12 hours, unless the offense is a crime of
7violence in which case the minor may be detained up to 24
8hours. For the purpose of this paragraph, "crime of violence"
9has the meaning ascribed to it in Section 1-10 of the
10Alcoholism and Other Drug Abuse and Dependency Act.
11        (i) The period of detention is deemed to have begun
12    once the minor has been placed in a locked room or cell or
13    handcuffed to a stationary object in a building housing a
14    county jail or municipal lockup. Time spent transporting a
15    minor is not considered to be time in detention or secure
16    custody.
17        (ii) Any minor so confined shall be under periodic
18    supervision and shall not be permitted to come into or
19    remain in contact with adults in custody in the building.
20        (iii) Upon placement in secure custody in a jail or
21    lockup, the minor shall be informed of the purpose of the
22    detention, the time it is expected to last and the fact
23    that it cannot exceed the time specified under this Act.
24        (iv) A log shall be kept which shows the offense which
25    is the basis for the detention, the reasons and
26    circumstances for the decision to detain, and the length

 

 

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1    of time the minor was in detention.
2        (v) Violation of the time limit on detention in a
3    county jail or municipal lockup shall not, in and of
4    itself, render inadmissible evidence obtained as a result
5    of the violation of this time limit. Minors under 18 years
6    of age shall be kept separate from confined adults and may
7    not at any time be kept in the same cell, room, or yard
8    with adults confined pursuant to criminal law. Persons 18
9    years of age and older who have a petition of delinquency
10    filed against them may be confined in an adult detention
11    facility. In making a determination whether to confine a
12    person 18 years of age or older who has a petition of
13    delinquency filed against the person, these factors, among
14    other matters, shall be considered:
15            (A) the age of the person;
16            (B) any previous delinquent or criminal history of
17        the person;
18            (C) any previous abuse or neglect history of the
19        person; and
20            (D) any mental health or educational history of
21        the person, or both.
22    (d) (i) If a minor 12 years of age or older is confined in
23a county jail in a county with a population below 3,000,000
24inhabitants, then the minor's confinement shall be implemented
25in such a manner that there will be no contact by sight, sound,
26or otherwise between the minor and adult prisoners. Minors 12

 

 

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1years of age or older must be kept separate from confined
2adults and may not at any time be kept in the same cell, room,
3or yard with confined adults. This paragraph (d)(i) shall only
4apply to confinement pending an adjudicatory hearing and shall
5not exceed 40 hours, excluding Saturdays, Sundays, and
6court-designated holidays. To accept or hold minors during
7this time period, county jails shall comply with all
8monitoring standards adopted by the Department of Corrections
9and training standards approved by the Illinois Law
10Enforcement Training Standards Board.
11    (ii) To accept or hold minors, 12 years of age or older,
12after the time period prescribed in paragraph (d)(i) of this
13subsection (2) of this Section but not exceeding 7 days
14including Saturdays, Sundays, and holidays pending an
15adjudicatory hearing, county jails shall comply with all
16temporary detention standards adopted by the Department of
17Corrections and training standards approved by the Illinois
18Law Enforcement Training Standards Board.
19    (iii) To accept or hold minors 12 years of age or older,
20after the time period prescribed in paragraphs (d)(i) and
21(d)(ii) of this subsection (2) of this Section, county jails
22shall comply with all county juvenile detention standards
23adopted by the Department of Juvenile Justice.
24    (e) When a minor who is at least 15 years of age is
25prosecuted under the criminal laws of this State, the court
26may enter an order directing that the juvenile be confined in

 

 

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1the county jail. However, any juvenile confined in the county
2jail under this provision shall be separated from adults who
3are confined in the county jail in such a manner that there
4will be no contact by sight, sound or otherwise between the
5juvenile and adult prisoners.
6    (f) For purposes of appearing in a physical lineup, the
7minor may be taken to a county jail or municipal lockup under
8the direct and constant supervision of a juvenile police
9officer. During such time as is necessary to conduct a lineup,
10and while supervised by a juvenile police officer, the sight
11and sound separation provisions shall not apply.
12    (g) For purposes of processing a minor, the minor may be
13taken to a county jail or municipal lockup under the direct and
14constant supervision of a law enforcement officer or
15correctional officer. During such time as is necessary to
16process the minor, and while supervised by a law enforcement
17officer or correctional officer, the sight and sound
18separation provisions shall not apply.
19    (3) If the probation officer or State's Attorney (or such
20other public officer designated by the court in a county
21having 3,000,000 or more inhabitants) determines that the
22minor may be a delinquent minor as described in subsection (3)
23of Section 5-105, and should be retained in custody but does
24not require physical restriction, the minor may be placed in
25non-secure custody for up to 40 hours pending a detention
26hearing.

 

 

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1    (4) Any minor taken into temporary custody, not requiring
2secure detention, may, however, be detained in the home of the
3minor's his or her parent or guardian subject to such
4conditions as the court may impose.
5    (5) The changes made to this Section by Public Act 98-61
6apply to a minor who has been arrested or taken into custody on
7or after January 1, 2014 (the effective date of Public Act
898-61).
9(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
 
10    (705 ILCS 405/5-415)
11    Sec. 5-415. Setting of detention or shelter care hearing;
12release.
13    (1) Unless sooner released, a minor alleged to be a
14delinquent minor taken into temporary custody must be brought
15before a judicial officer within 40 hours for a detention or
16shelter care hearing to determine whether the minor he or she
17shall be further held in custody. If a minor alleged to be a
18delinquent minor taken into custody is hospitalized or is
19receiving treatment for a physical or mental condition, and is
20unable to be brought before a judicial officer for a detention
21or shelter care hearing, the 40 hour period will not commence
22until the minor is released from the hospital or place of
23treatment. If the minor gives false information to law
24enforcement officials regarding the minor's identity or age,
25the 40 hour period will not commence until the court rules that

 

 

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1the minor is subject to this Act and not subject to prosecution
2under the Criminal Code of 1961 or the Criminal Code of 2012.
3Any other delay attributable to a minor alleged to be a
4delinquent minor who is taken into temporary custody shall act
5to toll the 40 hour time period. The 40 hour time period shall
6be tolled to allow counsel for the minor to prepare for the
7detention or shelter care hearing, upon a motion filed by such
8counsel and granted by the court. In all cases, the 40 hour
9time period is exclusive of Saturdays, Sundays and
10court-designated holidays.
11    (2) If the State's Attorney or probation officer (or other
12public officer designated by the court in a county having more
13than 3,000,000 inhabitants) determines that the minor should
14be retained in custody, the probation officer or such other
15public officer designated by the court he or she shall cause a
16petition to be filed as provided in Section 5-520 of this
17Article, and the clerk of the court shall set the matter for
18hearing on the detention or shelter care hearing calendar.
19Immediately upon the filing of a petition in the case of a
20minor retained in custody, the court shall cause counsel to be
21appointed to represent the minor. When a parent, legal
22guardian, custodian, or responsible relative is present and so
23requests, the detention or shelter care hearing shall be held
24immediately if the court is in session and the State is ready
25to proceed, otherwise at the earliest feasible time. In no
26event shall a detention or shelter care hearing be held until

 

 

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1the minor has had adequate opportunity to consult with
2counsel. The probation officer or such other public officer
3designated by the court in a county having more than 3,000,000
4inhabitants shall notify the minor's parent, legal guardian,
5custodian, or responsible relative of the time and place of
6the hearing. The notice may be given orally.
7    (3) The minor must be released from custody at the
8expiration of the 40 hour period specified by this Section if
9not brought before a judicial officer within that period.
10    (4) After the initial 40 hour period has lapsed, the court
11may review the minor's custodial status at any time prior to
12the trial or sentencing hearing. If during this time period
13new or additional information becomes available concerning the
14minor's conduct, the court may conduct a hearing to determine
15whether the minor should be placed in a detention or shelter
16care facility. If the court finds that there is probable cause
17that the minor is a delinquent minor and that it is a matter of
18immediate and urgent necessity for the protection of the minor
19or of the person or property of another, or that the minor he
20or she is likely to flee the jurisdiction of the court, the
21court may order that the minor be placed in detention or
22shelter care.
23(Source: P.A. 97-1150, eff. 1-25-13.)
 
24    (705 ILCS 405/5-501)
25    (Text of Section before amendment by P.A. 102-654)

 

 

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1    Sec. 5-501. Detention or shelter care hearing. At the
2appearance of the minor before the court at the detention or
3shelter care hearing, the court shall receive all relevant
4information and evidence, including affidavits concerning the
5allegations made in the petition. Evidence used by the court
6in its findings or stated in or offered in connection with this
7Section may be by way of proffer based on reliable information
8offered by the State or minor. All evidence shall be
9admissible if it is relevant and reliable regardless of
10whether it would be admissible under the rules of evidence
11applicable at a trial. No hearing may be held unless the minor
12is represented by counsel and no hearing shall be held until
13the minor has had adequate opportunity to consult with
14counsel.
15    (1) If the court finds that there is not probable cause to
16believe that the minor is a delinquent minor it shall release
17the minor and dismiss the petition.
18    (2) If the court finds that there is probable cause to
19believe that the minor is a delinquent minor, the minor, the
20minor's his or her parent, guardian, custodian and other
21persons able to give relevant testimony may be examined before
22the court. The court may also consider any evidence by way of
23proffer based upon reliable information offered by the State
24or the minor. All evidence, including affidavits, shall be
25admissible if it is relevant and reliable regardless of
26whether it would be admissible under the rules of evidence

 

 

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1applicable at trial. After such evidence is presented, the
2court may enter an order that the minor shall be released upon
3the request of a parent, guardian or legal custodian if the
4parent, guardian or custodian appears to take custody.
5    If the court finds that it is a matter of immediate and
6urgent necessity for the protection of the minor or of the
7person or property of another that the minor be detained or
8placed in a shelter care facility or that the minor he or she
9is likely to flee the jurisdiction of the court, the court may
10prescribe detention or shelter care and order that the minor
11be kept in a suitable place designated by the court or in a
12shelter care facility designated by the Department of Children
13and Family Services or a licensed child welfare agency;
14otherwise it shall release the minor from custody. If the
15court prescribes shelter care, then in placing the minor, the
16Department or other agency shall, to the extent compatible
17with the court's order, comply with Section 7 of the Children
18and Family Services Act. In making the determination of the
19existence of immediate and urgent necessity, the court shall
20consider among other matters: (a) the nature and seriousness
21of the alleged offense; (b) the minor's record of delinquency
22offenses, including whether the minor has delinquency cases
23pending; (c) the minor's record of willful failure to appear
24following the issuance of a summons or warrant; (d) the
25availability of non-custodial alternatives, including the
26presence of a parent, guardian or other responsible relative

 

 

SB3961- 594 -LRB102 22864 WGH 32015 b

1able and willing to provide supervision and care for the minor
2and to assure the minor's his or her compliance with a summons.
3If the minor is ordered placed in a shelter care facility of a
4licensed child welfare agency, the court shall, upon request
5of the agency, appoint the appropriate agency executive
6temporary custodian of the minor and the court may enter such
7other orders related to the temporary custody of the minor as
8it deems fit and proper.
9    The order together with the court's findings of fact in
10support of the order shall be entered of record in the court.
11    Once the court finds that it is a matter of immediate and
12urgent necessity for the protection of the minor that the
13minor be placed in a shelter care facility, the minor shall not
14be returned to the parent, custodian or guardian until the
15court finds that the placement is no longer necessary for the
16protection of the minor.
17    (3) Only when there is reasonable cause to believe that
18the minor taken into custody is a delinquent minor may the
19minor be kept or detained in a facility authorized for
20juvenile detention. This Section shall in no way be construed
21to limit subsection (4).
22    (4) Minors 12 years of age or older must be kept separate
23from confined adults and may not at any time be kept in the
24same cell, room or yard with confined adults. This paragraph
25(4):
26        (a) shall only apply to confinement pending an

 

 

SB3961- 595 -LRB102 22864 WGH 32015 b

1    adjudicatory hearing and shall not exceed 40 hours,
2    excluding Saturdays, Sundays, and court designated
3    holidays. To accept or hold minors during this time
4    period, county jails shall comply with all monitoring
5    standards adopted by the Department of Corrections and
6    training standards approved by the Illinois Law
7    Enforcement Training Standards Board.
8        (b) To accept or hold minors, 12 years of age or older,
9    after the time period prescribed in clause (a) of
10    subsection (4) of this Section but not exceeding 7 days
11    including Saturdays, Sundays, and holidays, pending an
12    adjudicatory hearing, county jails shall comply with all
13    temporary detention standards adopted by the Department of
14    Corrections and training standards approved by the
15    Illinois Law Enforcement Training Standards Board.
16        (c) To accept or hold minors 12 years of age or older,
17    after the time period prescribed in clause (a) and (b), of
18    this subsection county jails shall comply with all county
19    juvenile detention standards adopted by the Department of
20    Juvenile Justice.
21    (5) If the minor is not brought before a judicial officer
22within the time period as specified in Section 5-415 the minor
23must immediately be released from custody.
24    (6) If neither the parent, guardian or legal custodian
25appears within 24 hours to take custody of a minor released
26from detention or shelter care, then the clerk of the court

 

 

SB3961- 596 -LRB102 22864 WGH 32015 b

1shall set the matter for rehearing not later than 7 days after
2the original order and shall issue a summons directed to the
3parent, guardian or legal custodian to appear. At the same
4time the probation department shall prepare a report on the
5minor. If a parent, guardian or legal custodian does not
6appear at such rehearing, the judge may enter an order
7prescribing that the minor be kept in a suitable place
8designated by the Department of Human Services or a licensed
9child welfare agency. The time during which a minor is in
10custody after being released upon the request of a parent,
11guardian or legal custodian shall be considered as time spent
12in detention for purposes of scheduling the trial.
13    (7) Any party, including the State, the temporary
14custodian, an agency providing services to the minor or family
15under a service plan pursuant to Section 8.2 of the Abused and
16Neglected Child Reporting Act, foster parent, or any of their
17representatives, may file a motion to modify or vacate a
18temporary custody order or vacate a detention or shelter care
19order on any of the following grounds:
20        (a) It is no longer a matter of immediate and urgent
21    necessity that the minor remain in detention or shelter
22    care; or
23        (b) There is a material change in the circumstances of
24    the natural family from which the minor was removed; or
25        (c) A person, including a parent, relative or legal
26    guardian, is capable of assuming temporary custody of the

 

 

SB3961- 597 -LRB102 22864 WGH 32015 b

1    minor; or
2        (d) Services provided by the Department of Children
3    and Family Services or a child welfare agency or other
4    service provider have been successful in eliminating the
5    need for temporary custody.
6    The clerk shall set the matter for hearing not later than
714 days after such motion is filed. In the event that the court
8modifies or vacates a temporary order but does not vacate its
9finding of probable cause, the court may order that
10appropriate services be continued or initiated in behalf of
11the minor and the minor's his or her family.
12    (8) Whenever a petition has been filed under Section 5-520
13the court can, at any time prior to trial or sentencing, order
14that the minor be placed in detention or a shelter care
15facility after the court conducts a hearing and finds that the
16conduct and behavior of the minor may endanger the health,
17person, welfare, or property of the minor himself or others or
18that the circumstances of the minor's his or her home
19environment may endanger the minor's his or her health,
20person, welfare or property.
21(Source: P.A. 98-685, eff. 1-1-15.)
 
22    (Text of Section after amendment by P.A. 102-654)
23    Sec. 5-501. Detention or shelter care hearing. At the
24appearance of the minor before the court at the detention or
25shelter care hearing, the court shall receive all relevant

 

 

SB3961- 598 -LRB102 22864 WGH 32015 b

1information and evidence, including affidavits concerning the
2allegations made in the petition. Evidence used by the court
3in its findings or stated in or offered in connection with this
4Section may be by way of proffer based on reliable information
5offered by the State or minor. All evidence shall be
6admissible if it is relevant and reliable regardless of
7whether it would be admissible under the rules of evidence
8applicable at a trial. No hearing may be held unless the minor
9is represented by counsel and no hearing shall be held until
10the minor has had adequate opportunity to consult with
11counsel.
12    (1) If the court finds that there is not probable cause to
13believe that the minor is a delinquent minor it shall release
14the minor and dismiss the petition.
15    (2) If the court finds that there is probable cause to
16believe that the minor is a delinquent minor, the minor, the
17minor's his or her parent, guardian, custodian and other
18persons able to give relevant testimony may be examined before
19the court. The court may also consider any evidence by way of
20proffer based upon reliable information offered by the State
21or the minor. All evidence, including affidavits, shall be
22admissible if it is relevant and reliable regardless of
23whether it would be admissible under the rules of evidence
24applicable at trial. After such evidence is presented, the
25court may enter an order that the minor shall be released upon
26the request of a parent, guardian or legal custodian if the

 

 

SB3961- 599 -LRB102 22864 WGH 32015 b

1parent, guardian or custodian appears to take custody.
2    If the court finds that it is a matter of immediate and
3urgent necessity for the protection of the minor or of the
4person or property of another that the minor be detained or
5placed in a shelter care facility or that the minor he or she
6is likely to flee the jurisdiction of the court, the court may
7prescribe detention or shelter care and order that the minor
8be kept in a suitable place designated by the court or in a
9shelter care facility designated by the Department of Children
10and Family Services or a licensed child welfare agency;
11otherwise it shall release the minor from custody. If the
12court prescribes shelter care, then in placing the minor, the
13Department or other agency shall, to the extent compatible
14with the court's order, comply with Section 7 of the Children
15and Family Services Act. In making the determination of the
16existence of immediate and urgent necessity, the court shall
17consider among other matters: (a) the nature and seriousness
18of the alleged offense; (b) the minor's record of delinquency
19offenses, including whether the minor has delinquency cases
20pending; (c) the minor's record of willful failure to appear
21following the issuance of a summons or warrant; (d) the
22availability of non-custodial alternatives, including the
23presence of a parent, guardian or other responsible relative
24able and willing to provide supervision and care for the minor
25and to assure the minor's his or her compliance with a summons.
26If the minor is ordered placed in a shelter care facility of a

 

 

SB3961- 600 -LRB102 22864 WGH 32015 b

1licensed child welfare agency, the court shall, upon request
2of the agency, appoint the appropriate agency executive
3temporary custodian of the minor and the court may enter such
4other orders related to the temporary custody of the minor as
5it deems fit and proper.
6    If the Court prescribes detention, and the minor is a
7youth in care of the Department of Children and Family
8Services, a hearing shall be held every 14 days to determine
9whether there is an urgent and immediate necessity to detain
10the minor for the protection of the person or property of
11another. If urgent and immediate necessity is not found on the
12basis of the protection of the person or property of another,
13the minor shall be released to the custody of the Department of
14Children and Family Services. If the Court prescribes
15detention based on the minor being likely to flee the
16jurisdiction, and the minor is a youth in care of the
17Department of Children and Family Services, a hearing shall be
18held every 7 days for status on the location of shelter care
19placement by the Department of Children and Family Services.
20Detention shall not be used as a shelter care placement for
21minors in the custody or guardianship of the Department of
22Children and Family Services.
23    The order together with the court's findings of fact in
24support of the order shall be entered of record in the court.
25    Once the court finds that it is a matter of immediate and
26urgent necessity for the protection of the minor that the

 

 

SB3961- 601 -LRB102 22864 WGH 32015 b

1minor be placed in a shelter care facility, the minor shall not
2be returned to the parent, custodian or guardian until the
3court finds that the placement is no longer necessary for the
4protection of the minor.
5    (3) Only when there is reasonable cause to believe that
6the minor taken into custody is a delinquent minor may the
7minor be kept or detained in a facility authorized for
8juvenile detention. This Section shall in no way be construed
9to limit subsection (4).
10    (4) Minors 12 years of age or older must be kept separate
11from confined adults and may not at any time be kept in the
12same cell, room or yard with confined adults. This paragraph
13(4):
14        (a) shall only apply to confinement pending an
15    adjudicatory hearing and shall not exceed 40 hours,
16    excluding Saturdays, Sundays, and court designated
17    holidays. To accept or hold minors during this time
18    period, county jails shall comply with all monitoring
19    standards adopted by the Department of Corrections and
20    training standards approved by the Illinois Law
21    Enforcement Training Standards Board.
22        (b) To accept or hold minors, 12 years of age or older,
23    after the time period prescribed in clause (a) of
24    subsection (4) of this Section but not exceeding 7 days
25    including Saturdays, Sundays, and holidays, pending an
26    adjudicatory hearing, county jails shall comply with all

 

 

SB3961- 602 -LRB102 22864 WGH 32015 b

1    temporary detention standards adopted by the Department of
2    Corrections and training standards approved by the
3    Illinois Law Enforcement Training Standards Board.
4        (c) To accept or hold minors 12 years of age or older,
5    after the time period prescribed in clause (a) and (b), of
6    this subsection county jails shall comply with all county
7    juvenile detention standards adopted by the Department of
8    Juvenile Justice.
9    (5) If the minor is not brought before a judicial officer
10within the time period as specified in Section 5-415 the minor
11must immediately be released from custody.
12    (6) If neither the parent, guardian or legal custodian
13appears within 24 hours to take custody of a minor released
14from detention or shelter care, then the clerk of the court
15shall set the matter for rehearing not later than 7 days after
16the original order and shall issue a summons directed to the
17parent, guardian or legal custodian to appear. At the same
18time the probation department shall prepare a report on the
19minor. If a parent, guardian or legal custodian does not
20appear at such rehearing, the judge may enter an order
21prescribing that the minor be kept in a suitable place
22designated by the Department of Human Services or a licensed
23child welfare agency. The time during which a minor is in
24custody after being released upon the request of a parent,
25guardian or legal custodian shall be considered as time spent
26in detention for purposes of scheduling the trial.

 

 

SB3961- 603 -LRB102 22864 WGH 32015 b

1    (7) Any party, including the State, the temporary
2custodian, an agency providing services to the minor or family
3under a service plan pursuant to Section 8.2 of the Abused and
4Neglected Child Reporting Act, foster parent, or any of their
5representatives, may file a motion to modify or vacate a
6temporary custody order or vacate a detention or shelter care
7order on any of the following grounds:
8        (a) It is no longer a matter of immediate and urgent
9    necessity that the minor remain in detention or shelter
10    care; or
11        (b) There is a material change in the circumstances of
12    the natural family from which the minor was removed; or
13        (c) A person, including a parent, relative or legal
14    guardian, is capable of assuming temporary custody of the
15    minor; or
16        (d) Services provided by the Department of Children
17    and Family Services or a child welfare agency or other
18    service provider have been successful in eliminating the
19    need for temporary custody.
20    The clerk shall set the matter for hearing not later than
2114 days after such motion is filed. In the event that the court
22modifies or vacates a temporary order but does not vacate its
23finding of probable cause, the court may order that
24appropriate services be continued or initiated in behalf of
25the minor and the minor's his or her family.
26    (8) Whenever a petition has been filed under Section 5-520

 

 

SB3961- 604 -LRB102 22864 WGH 32015 b

1the court can, at any time prior to trial or sentencing, order
2that the minor be placed in detention or a shelter care
3facility after the court conducts a hearing and finds that the
4conduct and behavior of the minor may endanger the health,
5person, welfare, or property of the minor himself or others or
6that the circumstances of the minor's his or her home
7environment may endanger the minor's his or her health,
8person, welfare or property.
9(Source: P.A. 102-654, eff. 1-1-23.)
 
10    (705 ILCS 405/5-505)
11    Sec. 5-505. Pre-trial conditions order.
12    (1) If a minor is charged with the commission of a
13delinquent act, at any appearance of the minor before the
14court prior to trial, the court may conduct a hearing to
15determine whether the minor should be required to do any of the
16following:
17        (a) not violate any criminal statute of any
18    jurisdiction;
19        (b) make a report to and appear in person before any
20    person or agency as directed by the court;
21        (c) refrain from possessing a firearm or other
22    dangerous weapon, or an automobile;
23        (d) reside with the minor's his or her parents or in a
24    foster home;
25        (e) attend school;

 

 

SB3961- 605 -LRB102 22864 WGH 32015 b

1        (f) attend a non-residential program for youth;
2        (g) comply with curfew requirements as designated by
3    the court;
4        (h) refrain from entering into a designated geographic
5    area except upon terms as the court finds appropriate. The
6    terms may include consideration of the purpose of the
7    entry, the time of day, other persons accompanying the
8    minor, advance approval by the court, and any other terms
9    the court may deem appropriate;
10        (i) refrain from having any contact, directly or
11    indirectly, with certain specified persons or particular
12    types of persons, including but not limited to members of
13    street gangs and drug users or dealers;
14        (j) comply with any other conditions as may be ordered
15    by the court.
16    No hearing may be held unless the minor is represented by
17counsel. If the court determines that there is probable cause
18to believe the minor is a delinquent minor and that it is in
19the best interests of the minor that the court impose any or
20all of the conditions listed in paragraphs (a) through (j) of
21this subsection (1), then the court shall order the minor to
22abide by all of the conditions ordered by the court.
23    (2) If the court issues a pre-trial conditions order as
24provided in subsection (1), the court shall inform the minor
25and provide a copy of the pre-trial conditions order effective
26under this Section.

 

 

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1    (3) The provisions of the pre-trial conditions order
2issued under this Section may be continued through the
3sentencing hearing if the court deems the action reasonable
4and necessary. Nothing in this Section shall preclude the
5minor from applying to the court at any time for modification
6or dismissal of the order or the State's Attorney from
7applying to the court at any time for additional provisions
8under the pre-trial conditions order, modification of the
9order, or dismissal of the order.
10(Source: P.A. 90-590, eff. 1-1-99.)
 
11    (705 ILCS 405/5-520)
12    Sec. 5-520. Petition; supplemental petitions.
13    (1) The State's Attorney may file, or the court on its own
14motion may direct the filing through the State's Attorney of,
15a petition in respect to a minor under this Act. The petition
16and all subsequent court documents shall be entitled "In the
17interest of ...., a minor".
18    (2) The petition shall be verified but the statements may
19be made upon information and belief. It shall allege that the
20minor is delinquent and set forth (a) facts sufficient to
21bring the minor under Section 5-120; (b) the name, age and
22residence of the minor; (c) the names and residences of the
23minor's his parents; (d) the name and residence of the minor's
24his or her guardian or legal custodian or the person or persons
25having custody or control of the minor, or of the nearest known

 

 

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1relative if no parent, guardian or legal custodian can be
2found; and (e) if the minor upon whose behalf the petition is
3brought is detained or sheltered in custody, the date on which
4detention or shelter care was ordered by the court or the date
5set for a detention or shelter care hearing. If any of the
6facts required by this subsection (2) are not known by the
7petitioner, the petition shall so state.
8    (3) The petition must pray that the minor be adjudged a
9ward of the court and may pray generally for relief available
10under this Act. The petition need not specify any proposed
11disposition following adjudication of wardship.
12    (4) At any time before dismissal of the petition or before
13final closing and discharge under Section 5-750, one or more
14supplemental petitions may be filed (i) alleging new offenses
15or (ii) alleging violations of orders entered by the court in
16the delinquency proceeding.
17(Source: P.A. 90-590, eff. 1-1-99.)
 
18    (705 ILCS 405/5-525)
19    Sec. 5-525. Service.
20    (1) Service by summons.
21        (a) Upon the commencement of a delinquency
22    prosecution, the clerk of the court shall issue a summons
23    with a copy of the petition attached. The summons shall be
24    directed to the minor's parent, guardian or legal
25    custodian and to each person named as a respondent in the

 

 

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1    petition, except that summons need not be directed (i) to
2    a minor respondent under 8 years of age for whom the court
3    appoints a guardian ad litem if the guardian ad litem
4    appears on behalf of the minor in any proceeding under
5    this Act, or (ii) to a parent who does not reside with the
6    minor, does not make regular child support payments to the
7    minor, to the minor's other parent, or to the minor's
8    legal guardian or custodian pursuant to a support order,
9    and has not communicated with the minor on a regular
10    basis.
11        (b) The summons must contain a statement that the
12    minor is entitled to have an attorney present at the
13    hearing on the petition, and that the clerk of the court
14    should be notified promptly if the minor desires to be
15    represented by an attorney but is financially unable to
16    employ counsel.
17        (c) The summons shall be issued under the seal of the
18    court, attested in and signed with the name of the clerk of
19    the court, dated on the day it is issued, and shall require
20    each respondent to appear and answer the petition on the
21    date set for the adjudicatory hearing.
22        (d) The summons may be served by any law enforcement
23    officer, coroner or probation officer, even though the
24    officer is the petitioner. The return of the summons with
25    endorsement of service by the officer is sufficient proof
26    of service.

 

 

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1        (e) Service of a summons and petition shall be made
2    by: (i) leaving a copy of the summons and petition with the
3    person summoned at least 3 days before the time stated in
4    the summons for appearance; (ii) leaving a copy at the
5    summoned person's his or her usual place of abode with
6    some person of the family, of the age of 10 years or
7    upwards, and informing that person of the contents of the
8    summons and petition, provided, the officer or other
9    person making service shall also send a copy of the
10    summons in a sealed envelope with postage fully prepaid,
11    addressed to the person summoned at the person's his or
12    her usual place of abode, at least 3 days before the time
13    stated in the summons for appearance; or (iii) leaving a
14    copy of the summons and petition with the guardian or
15    custodian of a minor, at least 3 days before the time
16    stated in the summons for appearance. If the guardian or
17    legal custodian is an agency of the State of Illinois,
18    proper service may be made by leaving a copy of the summons
19    and petition with any administrative employee of the
20    agency designated by the agency to accept the service of
21    summons and petitions. The certificate of the officer or
22    affidavit of the person that the officer or person he or
23    she has sent the copy pursuant to this Section is
24    sufficient proof of service.
25        (f) When a parent or other person, who has signed a
26    written promise to appear and bring the minor to court or

 

 

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1    who has waived or acknowledged service, fails to appear
2    with the minor on the date set by the court, a bench
3    warrant may be issued for the parent or other person, the
4    minor, or both.
5    (2) Service by certified mail or publication.
6        (a) If service on individuals as provided in
7    subsection (1) is not made on any respondent within a
8    reasonable time or if it appears that any respondent
9    resides outside the State, service may be made by
10    certified mail. In that case the clerk shall mail the
11    summons and a copy of the petition to that respondent by
12    certified mail marked for delivery to addressee only. The
13    court shall not proceed with the adjudicatory hearing
14    until 5 days after the mailing. The regular return receipt
15    for certified mail is sufficient proof of service.
16        (b) If service upon individuals as provided in
17    subsection (1) is not made on any respondents within a
18    reasonable time or if any person is made a respondent
19    under the designation of "All Whom It May Concern", or if
20    service cannot be made because the whereabouts of a
21    respondent are unknown, service may be made by
22    publication. The clerk of the court as soon as possible
23    shall cause publication to be made once in a newspaper of
24    general circulation in the county where the action is
25    pending. Service by publication is not required in any
26    case when the person alleged to have legal custody of the

 

 

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1    minor has been served with summons personally or by
2    certified mail, but the court may not enter any order or
3    judgment against any person who cannot be served with
4    process other than by publication unless service by
5    publication is given or unless that person appears.
6    Failure to provide service by publication to a
7    non-custodial parent whose whereabouts are unknown shall
8    not deprive the court of jurisdiction to proceed with a
9    trial or a plea of delinquency by the minor. When a minor
10    has been detained or sheltered under Section 5-501 of this
11    Act and summons has not been served personally or by
12    certified mail within 20 days from the date of the order of
13    court directing such detention or shelter care, the clerk
14    of the court shall cause publication. Service by
15    publication shall be substantially as follows:
16            "A, B, C, D, (here giving the names of the named
17        respondents, if any) and to All Whom It May Concern (if
18        there is any respondent under that designation):
19            Take notice that on (insert date) a petition was
20        filed under the Juvenile Court Act of 1987 by .... in
21        the circuit court of .... county entitled 'In the
22        interest of ...., a minor', and that in .... courtroom
23        at .... on (insert date) at the hour of ...., or as
24        soon thereafter as this cause may be heard, an
25        adjudicatory hearing will be held upon the petition to
26        have the child declared to be a ward of the court under

 

 

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1        that Act. The court has authority in this proceeding
2        to take from you the custody and guardianship of the
3        minor.
4            Now, unless you appear at the hearing and show
5        cause against the petition, the allegations of the
6        petition may stand admitted as against you and each of
7        you, and an order or judgment entered.
8            ........................................
9            Clerk
10            Dated (insert the date of publication)"
11        (c) The clerk shall also at the time of the
12    publication of the notice send a copy of the notice by mail
13    to each of the respondents on account of whom publication
14    is made at each respondent's his or her last known
15    address. The certificate of the clerk that the clerk he or
16    she has mailed the notice is evidence of that mailing. No
17    other publication notice is required. Every respondent
18    notified by publication under this Section must appear and
19    answer in open court at the hearing. The court may not
20    proceed with the adjudicatory hearing until 10 days after
21    service by publication on any custodial parent, guardian
22    or legal custodian of a minor alleged to be delinquent.
23        (d) If it becomes necessary to change the date set for
24    the hearing in order to comply with this Section, notice
25    of the resetting of the date must be given, by certified
26    mail or other reasonable means, to each respondent who has

 

 

SB3961- 613 -LRB102 22864 WGH 32015 b

1    been served with summons personally or by certified mail.
2        (3) Once jurisdiction has been established over a
3    party, further service is not required and notice of any
4    subsequent proceedings in that prosecution shall be made
5    in accordance with provisions of Section 5-530.
6        (4) The appearance of the minor's parent, guardian or
7    legal custodian, or a person named as a respondent in a
8    petition, in any proceeding under this Act shall
9    constitute a waiver of service and submission to the
10    jurisdiction of the court. A copy of the petition shall be
11    provided to the person at the time of the person's his or
12    her appearance.
13(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
 
14    (705 ILCS 405/5-530)
15    Sec. 5-530. Notice.
16    (1) A party presenting a supplemental or amended petition
17or motion to the court shall provide the other parties with a
18copy of any supplemental or amended petition, motion or
19accompanying affidavit not yet served upon that party, and
20shall file proof of that service, in accordance with
21subsections (2), (3), and (4) of this Section. Written notice
22of the date, time and place of the hearing, shall be provided
23to all parties in accordance with local court rules.
24    (2)(a) On whom made. If a party is represented by an
25attorney of record, service shall be made upon the attorney.

 

 

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1Otherwise service shall be made upon the party.
2    (b) Method. Papers shall be served as follows:
3        (1) by delivering them to the attorney or party
4    personally;
5        (2) by leaving them in the office of the attorney with
6    the attorney's his or her clerk, or with a person in charge
7    of the office; or if a party is not represented by counsel,
8    by leaving them at the party's his or her residence with a
9    family member of the age of 10 years or upwards;
10        (3) by depositing them in the United States post
11    office or post-office box enclosed in an envelope, plainly
12    addressed to the attorney at the attorney's his or her
13    business address, or to the party at the party's his or her
14    business address or residence, with postage fully
15    pre-paid; or
16        (4) by transmitting them via facsimile machine to the
17    office of the attorney or party, who has consented to
18    receiving service by facsimile transmission. Briefs filed
19    in reviewing courts shall be served in accordance with
20    Supreme Court Rule.
21            (i) A party or attorney electing to serve pleading
22        by facsimile must include on the certificate of
23        service transmitted the telephone number of the
24        sender's facsimile transmitting device. Use of service
25        by facsimile shall be deemed consent by that party or
26        attorney to receive service by facsimile transmission.

 

 

SB3961- 615 -LRB102 22864 WGH 32015 b

1        Any party may rescind consent of service by facsimile
2        transmission in a case by filing with the court and
3        serving a notice on all parties or their attorneys who
4        have filed appearances that facsimile service will not
5        be accepted. A party or attorney who has rescinded
6        consent to service by facsimile transmission in a case
7        may not serve another party or attorney by facsimile
8        transmission in that case.
9            (ii) Each page of notices and documents
10        transmitted by facsimile pursuant to this rule should
11        bear the circuit court number, the title of the
12        document, and the page number.
13    (c) Multiple parties or attorneys. In cases in which there
14are 2 or more minor-respondents who appear by different
15attorneys, service on all papers shall be made on the attorney
16for each of the parties. If one attorney appears for several
17parties, the attorney he or she is entitled to only one copy of
18any paper served upon the attorney him or her by the opposite
19side. When more than one attorney appears for a party, service
20of a copy upon one of them is sufficient.
21    (3)(a) Filing. When service of a paper is required, proof
22of service shall be filed with the clerk.
23    (b) Manner of Proof. Service is proved:
24        (i) by written acknowledgment acknowledgement signed
25    by the person served;
26        (ii) in case of service by personal delivery, by

 

 

SB3961- 616 -LRB102 22864 WGH 32015 b

1    certificate of the attorney, or affidavit of a person,
2    other than an attorney, who made delivery;
3        (iii) in case of service by mail, by certificate of
4    the attorney, or affidavit of a person other than the
5    attorney, who deposited the paper in the mail, stating the
6    time and place of mailing, the complete address which
7    appeared on the envelope, and the fact that proper postage
8    was pre-paid; or
9        (iv) in case of service by facsimile transmission, by
10    certificate of the attorney or affidavit of a person other
11    than the attorney, who transmitted the paper via facsimile
12    machine, stating the time and place of transmission, the
13    telephone number to which the transmission was sent and
14    the number of pages transmitted.
15    (c) Effective date of service by mail. Service by mail is
16complete 4 days after mailing.
17    (d) Effective date of service by facsimile transmission.
18Service by facsimile machine is complete on the first court
19day following transmission.
20(Source: P.A. 99-642, eff. 7-28-16.)
 
21    (705 ILCS 405/5-601)
22    Sec. 5-601. Trial.
23    (1) When a petition has been filed alleging that the minor
24is a delinquent, a trial must be held within 120 days of a
25written demand for such hearing made by any party, except that

 

 

SB3961- 617 -LRB102 22864 WGH 32015 b

1when the State, without success, has exercised due diligence
2to obtain evidence material to the case and there are
3reasonable grounds to believe that the evidence may be
4obtained at a later date, the court may, upon motion by the
5State, continue the trial for not more than 30 additional
6days.
7    (2) If a minor respondent has multiple delinquency
8petitions pending against the minor him or her in the same
9county and simultaneously demands a trial upon more than one
10delinquency petition pending against the minor him or her in
11the same county, the minor he or she shall receive a trial or
12have a finding, after waiver of trial, upon at least one such
13petition before expiration relative to any of the pending
14petitions of the period described by this Section. All
15remaining petitions thus pending against the minor respondent
16shall be adjudicated within 160 days from the date on which a
17finding relative to the first petition prosecuted is rendered
18under Section 5-620 of this Article, or, if the trial upon the
19first petition is terminated without a finding and there is no
20subsequent trial, or adjudication after waiver of trial, on
21the first petition within a reasonable time, the minor shall
22receive a trial upon all of the remaining petitions within 160
23days from the date on which the trial, or finding after waiver
24of trial, on the first petition is concluded. If either such
25period of 160 days expires without the commencement of trial,
26or adjudication after waiver of trial, of any of the remaining

 

 

SB3961- 618 -LRB102 22864 WGH 32015 b

1pending petitions, the petition or petitions shall be
2dismissed and barred for want of prosecution unless the delay
3is occasioned by any of the reasons described in this Section.
4    (3) When no such trial is held within the time required by
5subsections (1) and (2) of this Section, the court shall, upon
6motion by any party, dismiss the petition with prejudice.
7    (4) Without affecting the applicability of the tolling and
8multiple prosecution provisions of subsections (8) and (2) of
9this Section when a petition has been filed alleging that the
10minor is a delinquent and the minor is in detention or shelter
11care, the trial shall be held within 30 calendar days after the
12date of the order directing detention or shelter care, or the
13earliest possible date in compliance with the provisions of
14Section 5-525 as to the custodial parent, guardian or legal
15custodian, but no later than 45 calendar days from the date of
16the order of the court directing detention or shelter care.
17When the petition alleges the minor has committed an offense
18involving a controlled substance as defined in the Illinois
19Controlled Substances Act or methamphetamine as defined in the
20Methamphetamine Control and Community Protection Act, the
21court may, upon motion of the State, continue the trial for
22receipt of a confirmatory laboratory report for up to 45 days
23after the date of the order directing detention or shelter
24care. When the petition alleges the minor committed an offense
25that involves the death of, great bodily harm to or sexual
26assault or aggravated criminal sexual abuse on a victim, the

 

 

SB3961- 619 -LRB102 22864 WGH 32015 b

1court may, upon motion of the State, continue the trial for not
2more than 70 calendar days after the date of the order
3directing detention or shelter care.
4    Any failure to comply with the time limits of this Section
5shall require the immediate release of the minor from
6detention, and the time limits set forth in subsections (1)
7and (2) shall apply.
8    (5) If the court determines that the State, without
9success, has exercised due diligence to obtain the results of
10DNA testing that is material to the case, and that there are
11reasonable grounds to believe that the results may be obtained
12at a later date, the court may continue the cause on
13application of the State for not more than 120 additional
14days. The court may also extend the period of detention of the
15minor for not more than 120 additional days.
16    (6) If the State's Attorney makes a written request that a
17proceeding be designated an extended juvenile jurisdiction
18prosecution, and the minor is in detention, the period the
19minor can be held in detention pursuant to subsection (4),
20shall be extended an additional 30 days after the court
21determines whether the proceeding will be designated an
22extended juvenile jurisdiction prosecution or the State's
23Attorney withdraws the request for extended juvenile
24jurisdiction prosecution.
25    (7) When the State's Attorney files a motion for waiver of
26jurisdiction pursuant to Section 5-805, and the minor is in

 

 

SB3961- 620 -LRB102 22864 WGH 32015 b

1detention, the period the minor can be held in detention
2pursuant to subsection (4), shall be extended an additional 30
3days if the court denies motion for waiver of jurisdiction or
4the State's Attorney withdraws the motion for waiver of
5jurisdiction.
6    (8) The period in which a trial shall be held as prescribed
7by subsections (1), (2), (3), (4), (5), (6), or (7) of this
8Section is tolled by: (i) delay occasioned by the minor; (ii) a
9continuance allowed pursuant to Section 114-4 of the Code of
10Criminal Procedure of 1963 after the court's determination of
11the minor's incapacity for trial; (iii) an interlocutory
12appeal; (iv) an examination of fitness ordered pursuant to
13Section 104-13 of the Code of Criminal Procedure of 1963; (v) a
14fitness hearing; or (vi) an adjudication of unfitness for
15trial. Any such delay shall temporarily suspend, for the time
16of the delay, the period within which a trial must be held as
17prescribed by subsections (1), (2), (4), (5), and (6) of this
18Section. On the day of expiration of the delays the period
19shall continue at the point at which the time was suspended.
20    (9) Nothing in this Section prevents the minor or the
21minor's parents, guardian or legal custodian from exercising
22their respective rights to waive the time limits set forth in
23this Section.
24(Source: P.A. 94-556, eff. 9-11-05.)
 
25    (705 ILCS 405/5-605)

 

 

SB3961- 621 -LRB102 22864 WGH 32015 b

1    Sec. 5-605. Trials, pleas, guilty but mentally ill and not
2guilty by reason of insanity.
3    (1) Method of trial. All delinquency proceedings shall be
4heard by the court except those proceedings under this Act
5where the right to trial by jury is specifically set forth. At
6any time a minor may waive the minor's his or her right to
7trial by jury.
8    (2) Pleas of guilty and guilty but mentally ill.
9        (a) Before or during trial, a plea of guilty may be
10    accepted when the court has informed the minor of the
11    consequences of the minor's his or her plea and of the
12    maximum penalty provided by law which may be imposed upon
13    acceptance of the plea. Upon acceptance of a plea of
14    guilty, the court shall determine the factual basis of a
15    plea.
16        (b) Before or during trial, a plea of guilty but
17    mentally ill may be accepted by the court when:
18            (i) the minor has undergone an examination by a
19        clinical psychologist or psychiatrist and has waived
20        the minor's his or her right to trial; and
21            (ii) the judge has examined the psychiatric or
22        psychological report or reports; and
23            (iii) the judge has held a hearing, at which
24        either party may present evidence, on the issue of the
25        minor's mental health and, at the conclusion of the
26        hearing, is satisfied that there is a factual basis

 

 

SB3961- 622 -LRB102 22864 WGH 32015 b

1        that the minor was mentally ill at the time of the
2        offense to which the plea is entered.
3    (3) Trial by the court.
4        (a) A trial shall be conducted in the presence of the
5    minor unless the minor he or she waives the right to be
6    present. At the trial, the court shall consider the
7    question whether the minor is delinquent. The standard of
8    proof and the rules of evidence in the nature of criminal
9    proceedings in this State are applicable to that
10    consideration.
11        (b) Upon conclusion of the trial the court shall enter
12    a general finding, except that, when the affirmative
13    defense of insanity has been presented during the trial
14    and acquittal is based solely upon the defense of
15    insanity, the court shall enter a finding of not guilty by
16    reason of insanity. In the event of a finding of not guilty
17    by reason of insanity, a hearing shall be held pursuant to
18    the Mental Health and Developmental Disabilities Code to
19    determine whether the minor is subject to involuntary
20    admission.
21        (c) When the minor has asserted a defense of insanity,
22    the court may find the minor guilty but mentally ill if,
23    after hearing all of the evidence, the court finds that:
24            (i) the State has proven beyond a reasonable doubt
25        that the minor is guilty of the offense charged; and
26            (ii) the minor has failed to prove the minor's his

 

 

SB3961- 623 -LRB102 22864 WGH 32015 b

1        or her insanity as required in subsection (b) of
2        Section 3-2 of the Criminal Code of 2012, and
3        subsections (a), (b) and (e) of Section 6-2 of the
4        Criminal Code of 2012; and
5            (iii) the minor has proven by a preponderance of
6        the evidence that the minor he was mentally ill, as
7        defined in subsections (c) and (d) of Section 6-2 of
8        the Criminal Code of 2012 at the time of the offense.
9    (4) Trial by court and jury.
10        (a) Questions of law shall be decided by the court and
11    questions of fact by the jury.
12        (b) The jury shall consist of 12 members.
13        (c) Upon request the parties shall be furnished with a
14    list of prospective jurors with their addresses if known.
15        (d) Each party may challenge jurors for cause. If a
16    prospective juror has a physical impairment, the court
17    shall consider the prospective juror's ability to perceive
18    and appreciate the evidence when considering a challenge
19    for cause.
20        (e) A minor tried alone shall be allowed 7 peremptory
21    challenges; except that, in a single trial of more than
22    one minor, each minor shall be allowed 5 peremptory
23    challenges. If several charges against a minor or minors
24    are consolidated for trial, each minor shall be allowed
25    peremptory challenges upon one charge only, which single
26    charge shall be the charge against that minor authorizing

 

 

SB3961- 624 -LRB102 22864 WGH 32015 b

1    the greatest maximum penalty. The State shall be allowed
2    the same number of peremptory challenges as all of the
3    minors.
4        (f) After examination by the court, the jurors may be
5    examined, passed upon, accepted and tendered by opposing
6    counsel as provided by Supreme Court Rules.
7        (g) After the jury is impaneled and sworn, the court
8    may direct the selection of 2 alternate jurors who shall
9    take the same oath as the regular jurors. Each party shall
10    have one additional peremptory challenge for each
11    alternate juror. If before the final submission of a cause
12    a member of the jury dies or is discharged, the member he
13    or she shall be replaced by an alternate juror in the order
14    of selection.
15        (h) A trial by the court and jury shall be conducted in
16    the presence of the minor unless the minor he or she waives
17    the right to be present.
18        (i) After arguments of counsel the court shall
19    instruct the jury as to the law.
20        (j) Unless the affirmative defense of insanity has
21    been presented during the trial, the jury shall return a
22    general verdict as to each offense charged. When the
23    affirmative defense of insanity has been presented during
24    the trial, the court shall provide the jury not only with
25    general verdict forms but also with a special verdict form
26    of not guilty by reason of insanity, as to each offense

 

 

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1    charged, and in the event the court shall separately
2    instruct the jury that a special verdict of not guilty by
3    reason of insanity may be returned instead of a general
4    verdict but the special verdict requires a unanimous
5    finding by the jury that the minor committed the acts
6    charged but at the time of the commission of those acts the
7    minor was insane. In the event of a verdict of not guilty
8    by reason of insanity, a hearing shall be held pursuant to
9    the Mental Health and Developmental Disabilities Code to
10    determine whether the minor is subject to involuntary
11    admission. When the affirmative defense of insanity has
12    been presented during the trial, the court, where
13    warranted by the evidence, shall also provide the jury
14    with a special verdict form of guilty but mentally ill, as
15    to each offense charged and shall separately instruct the
16    jury that a special verdict of guilty but mentally ill may
17    be returned instead of a general verdict, but that the
18    special verdict requires a unanimous finding by the jury
19    that: (i) the State has proven beyond a reasonable doubt
20    that the minor is guilty of the offense charged; and (ii)
21    the minor has failed to prove the minor's his or her
22    insanity as required in subsection (b) of Section 3-2 of
23    the Criminal Code of 2012 and subsections (a), (b) and (e)
24    of Section 6-2 of the Criminal Code of 2012; and (iii) the
25    minor has proven by a preponderance of the evidence that
26    the minor he or she was mentally ill, as defined in

 

 

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1    subsections (c) and (d) of Section 6-2 of the Criminal
2    Code of 2012 at the time of the offense.
3        (k) When, at the close of the State's evidence or at
4    the close of all of the evidence, the evidence is
5    insufficient to support a finding or verdict of guilty the
6    court may and on motion of the minor shall make a finding
7    or direct the jury to return a verdict of not guilty, enter
8    a judgment of acquittal and discharge the minor.
9        (l) When the jury retires to consider its verdict, an
10    officer of the court shall be appointed to keep them
11    together and to prevent conversation between the jurors
12    and others; however, if any juror is deaf, the jury may be
13    accompanied by and may communicate with a court-appointed
14    interpreter during its deliberations. Upon agreement
15    between the State and minor or the minor's his or her
16    counsel, and the parties waive polling of the jury, the
17    jury may seal and deliver its verdict to the clerk of the
18    court, separate, and then return the verdict in open court
19    at its next session.
20        (m) In a trial, any juror who is a member of a panel or
21    jury which has been impaneled and sworn as a panel or as a
22    jury shall be permitted to separate from other jurors
23    during every period of adjournment to a later day, until
24    final submission of the cause to the jury for
25    determination, except that no such separation shall be
26    permitted in any trial after the court, upon motion by the

 

 

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1    minor or the State or upon its own motion, finds a
2    probability that prejudice to the minor or to the State
3    will result from the separation.
4        (n) The members of the jury shall be entitled to take
5    notes during the trial, and the sheriff of the county in
6    which the jury is sitting shall provide them with writing
7    materials for this purpose. The notes shall remain
8    confidential, and shall be destroyed by the sheriff after
9    the verdict has been returned or a mistrial declared.
10        (o) A minor tried by the court and jury shall only be
11    found guilty, guilty but mentally ill, not guilty or not
12    guilty by reason of insanity, upon the unanimous verdict
13    of the jury.
14(Source: P.A. 97-1150, eff. 1-25-13.)
 
15    (705 ILCS 405/5-610)
16    Sec. 5-610. Guardian ad litem and appointment of attorney.
17    (1) The court may appoint a guardian ad litem for the minor
18whenever it finds that there may be a conflict of interest
19between the minor and the minor's his or her parent, guardian
20or legal custodian or that it is otherwise in the minor's
21interest to do so.
22    (2) Unless the guardian ad litem is an attorney, the
23guardian ad litem he or she shall be represented by counsel.
24    (3) The reasonable fees of a guardian ad litem appointed
25under this Section shall be fixed by the court and charged to

 

 

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1the parents of the minor, to the extent they are able to pay.
2If the parents are unable to pay those fees, they shall be paid
3from the general fund of the county.
4    (4) If, during the court proceedings, the parents,
5guardian, or legal custodian prove that the minor he or she has
6an actual conflict of interest with the minor in that
7delinquency proceeding and that the parents, guardian, or
8legal custodian are indigent, the court shall appoint a
9separate attorney for that parent, guardian, or legal
10custodian.
11    (5) A guardian ad litem appointed under this Section for a
12minor who is in the custody or guardianship of the Department
13of Children and Family Services or who has an open intact
14family services case with the Department of Children and
15Family Services is entitled to receive copies of any and all
16classified reports of child abuse or neglect made pursuant to
17the Abused and Neglected Child Reporting Act in which the
18minor, who is the subject of the report under the Abused and
19Neglected Child Reporting Act, is also a minor for whom the
20guardian ad litem is appointed under this Act. The Department
21of Children and Family Services' obligation under this
22subsection to provide reports to a guardian ad litem for a
23minor with an open intact family services case applies only if
24the guardian ad litem notified the Department in writing of
25the representation.
26(Source: P.A. 100-158, eff. 1-1-18.)
 

 

 

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1    (705 ILCS 405/5-615)
2    Sec. 5-615. Continuance under supervision.
3    (1) The court may enter an order of continuance under
4supervision for an offense other than first degree murder, a
5Class X felony or a forcible felony:
6        (a) upon an admission or stipulation by the
7    appropriate respondent or minor respondent of the facts
8    supporting the petition and before the court makes a
9    finding of delinquency, and in the absence of objection
10    made in open court by the minor, the minor's his or her
11    parent, guardian, or legal custodian, the minor's attorney
12    or the State's Attorney; or
13        (b) upon a finding of delinquency and after
14    considering the circumstances of the offense and the
15    history, character, and condition of the minor, if the
16    court is of the opinion that:
17            (i) the minor is not likely to commit further
18        crimes;
19            (ii) the minor and the public would be best served
20        if the minor were not to receive a criminal record; and
21            (iii) in the best interests of justice an order of
22        continuance under supervision is more appropriate than
23        a sentence otherwise permitted under this Act.
24    (2) (Blank).
25    (3) Nothing in this Section limits the power of the court

 

 

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1to order a continuance of the hearing for the production of
2additional evidence or for any other proper reason.
3    (4) When a hearing where a minor is alleged to be a
4delinquent is continued pursuant to this Section, the period
5of continuance under supervision may not exceed 24 months. The
6court may terminate a continuance under supervision at any
7time if warranted by the conduct of the minor and the ends of
8justice or vacate the finding of delinquency or both.
9    (5) When a hearing where a minor is alleged to be
10delinquent is continued pursuant to this Section, the court
11may, as conditions of the continuance under supervision,
12require the minor to do any of the following:
13        (a) not violate any criminal statute of any
14    jurisdiction;
15        (b) make a report to and appear in person before any
16    person or agency as directed by the court;
17        (c) work or pursue a course of study or vocational
18    training;
19        (d) undergo medical or psychotherapeutic treatment
20    rendered by a therapist licensed under the provisions of
21    the Medical Practice Act of 1987, the Clinical
22    Psychologist Licensing Act, or the Clinical Social Work
23    and Social Work Practice Act, or an entity licensed by the
24    Department of Human Services as a successor to the
25    Department of Alcoholism and Substance Abuse, for the
26    provision of substance use disorder services as defined in

 

 

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1    Section 1-10 of the Substance Use Disorder Act;
2        (e) attend or reside in a facility established for the
3    instruction or residence of persons on probation;
4        (f) support the minor's his or her dependents, if any;
5        (g) pay costs;
6        (h) refrain from possessing a firearm or other
7    dangerous weapon, or an automobile;
8        (i) permit the probation officer to visit the minor
9    him or her at the minor's his or her home or elsewhere;
10        (j) reside with the minor's his or her parents or in a
11    foster home;
12        (k) attend school;
13        (k-5) with the consent of the superintendent of the
14    facility, attend an educational program at a facility
15    other than the school in which the offense was committed
16    if the minor he or she committed a crime of violence as
17    defined in Section 2 of the Crime Victims Compensation Act
18    in a school, on the real property comprising a school, or
19    within 1,000 feet of the real property comprising a
20    school;
21        (l) attend a non-residential program for youth;
22        (m) contribute to the minor's his or her own support
23    at home or in a foster home;
24        (n) perform some reasonable public or community
25    service;
26        (o) make restitution to the victim, in the same manner

 

 

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1    and under the same conditions as provided in subsection
2    (4) of Section 5-710, except that the "sentencing hearing"
3    referred to in that Section shall be the adjudicatory
4    hearing for purposes of this Section;
5        (p) comply with curfew requirements as designated by
6    the court;
7        (q) refrain from entering into a designated geographic
8    area except upon terms as the court finds appropriate. The
9    terms may include consideration of the purpose of the
10    entry, the time of day, other persons accompanying the
11    minor, and advance approval by a probation officer;
12        (r) refrain from having any contact, directly or
13    indirectly, with certain specified persons or particular
14    types of persons, including but not limited to members of
15    street gangs and drug users or dealers;
16        (r-5) undergo a medical or other procedure to have a
17    tattoo symbolizing allegiance to a street gang removed
18    from the minor's his or her body;
19        (s) refrain from having in the minor's his or her body
20    the presence of any illicit drug prohibited by the
21    Cannabis Control Act, the Illinois Controlled Substances
22    Act, or the Methamphetamine Control and Community
23    Protection Act, unless prescribed by a physician, and
24    submit samples of the minor's his or her blood or urine or
25    both for tests to determine the presence of any illicit
26    drug; or

 

 

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1        (t) comply with any other conditions as may be ordered
2    by the court.
3    (6) A minor whose case is continued under supervision
4under subsection (5) shall be given a certificate setting
5forth the conditions imposed by the court. Those conditions
6may be reduced, enlarged, or modified by the court on motion of
7the probation officer or on its own motion, or that of the
8State's Attorney, or, at the request of the minor after notice
9and hearing.
10    (7) If a petition is filed charging a violation of a
11condition of the continuance under supervision, the court
12shall conduct a hearing. If the court finds that a condition of
13supervision has not been fulfilled, the court may proceed to
14findings, adjudication, and disposition or adjudication and
15disposition. The filing of a petition for violation of a
16condition of the continuance under supervision shall toll the
17period of continuance under supervision until the final
18determination of the charge, and the term of the continuance
19under supervision shall not run until the hearing and
20disposition of the petition for violation; provided where the
21petition alleges conduct that does not constitute a criminal
22offense, the hearing must be held within 30 days of the filing
23of the petition unless a delay shall continue the tolling of
24the period of continuance under supervision for the period of
25the delay.
26    (8) When a hearing in which a minor is alleged to be a

 

 

SB3961- 634 -LRB102 22864 WGH 32015 b

1delinquent for reasons that include a violation of Section
221-1.3 of the Criminal Code of 1961 or the Criminal Code of
32012 is continued under this Section, the court shall, as a
4condition of the continuance under supervision, require the
5minor to perform community service for not less than 30 and not
6more than 120 hours, if community service is available in the
7jurisdiction. The community service shall include, but need
8not be limited to, the cleanup and repair of the damage that
9was caused by the alleged violation or similar damage to
10property located in the municipality or county in which the
11alleged violation occurred. The condition may be in addition
12to any other condition.
13    (8.5) When a hearing in which a minor is alleged to be a
14delinquent for reasons that include a violation of Section
153.02 or Section 3.03 of the Humane Care for Animals Act or
16paragraph (d) of subsection (1) of Section 21-1 of the
17Criminal Code of 1961 or paragraph (4) of subsection (a) of
18Section 21-1 or the Criminal Code of 2012 is continued under
19this Section, the court shall, as a condition of the
20continuance under supervision, require the minor to undergo
21medical or psychiatric treatment rendered by a psychiatrist or
22psychological treatment rendered by a clinical psychologist.
23The condition may be in addition to any other condition.
24    (9) When a hearing in which a minor is alleged to be a
25delinquent is continued under this Section, the court, before
26continuing the case, shall make a finding whether the offense

 

 

SB3961- 635 -LRB102 22864 WGH 32015 b

1alleged to have been committed either: (i) was related to or in
2furtherance of the activities of an organized gang or was
3motivated by the minor's membership in or allegiance to an
4organized gang, or (ii) is a violation of paragraph (13) of
5subsection (a) of Section 12-2 or paragraph (2) of subsection
6(c) of Section 12-2 of the Criminal Code of 1961 or the
7Criminal Code of 2012, a violation of any Section of Article 24
8of the Criminal Code of 1961 or the Criminal Code of 2012, or a
9violation of any statute that involved the unlawful use of a
10firearm. If the court determines the question in the
11affirmative the court shall, as a condition of the continuance
12under supervision and as part of or in addition to any other
13condition of the supervision, require the minor to perform
14community service for not less than 30 hours, provided that
15community service is available in the jurisdiction and is
16funded and approved by the county board of the county where the
17offense was committed. The community service shall include,
18but need not be limited to, the cleanup and repair of any
19damage caused by an alleged violation of Section 21-1.3 of the
20Criminal Code of 1961 or the Criminal Code of 2012 and similar
21damage to property located in the municipality or county in
22which the alleged violation occurred. When possible and
23reasonable, the community service shall be performed in the
24minor's neighborhood. For the purposes of this Section,
25"organized gang" has the meaning ascribed to it in Section 10
26of the Illinois Streetgang Terrorism Omnibus Prevention Act.

 

 

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1    (10) The court shall impose upon a minor placed on
2supervision, as a condition of the supervision, a fee of $50
3for each month of supervision ordered by the court, unless
4after determining the inability of the minor placed on
5supervision to pay the fee, the court assesses a lesser
6amount. The court may not impose the fee on a minor who is
7placed in the guardianship or custody of the Department of
8Children and Family Services under this Act while the minor is
9in placement. The fee shall be imposed only upon a minor who is
10actively supervised by the probation and court services
11department. A court may order the parent, guardian, or legal
12custodian of the minor to pay some or all of the fee on the
13minor's behalf.
14    (11) (Blank).
15(Source: P.A. 100-159, eff. 8-18-17; 100-759, eff. 1-1-19;
16101-2, eff. 7-1-19.)
 
17    (705 ILCS 405/5-620)
18    Sec. 5-620. Findings. After hearing the evidence, the
19court shall make and note in the minutes of the proceeding a
20finding of whether or not the minor is guilty. If it finds that
21the minor is not guilty, the court shall order the petition
22dismissed and the minor discharged from any detention or
23restriction previously ordered in such proceeding. If the
24court finds that the minor is guilty, the court shall then set
25a time for a sentencing hearing to be conducted under Section

 

 

SB3961- 637 -LRB102 22864 WGH 32015 b

15-705 at which hearing the court shall determine whether it is
2in the best interests of the minor and the public that the
3minor he or she be made a ward of the court. To assist the
4court in making this and other determinations at the
5sentencing hearing, the court may order that an investigation
6be conducted and a social investigation report be prepared.
7(Source: P.A. 90-590, eff. 1-1-99.)
 
8    (705 ILCS 405/5-625)
9    Sec. 5-625. Absence of minor.
10    (1) When a minor after arrest and an initial court
11appearance for a felony, fails to appear for trial, at the
12request of the State and after the State has affirmatively
13proven through substantial evidence that the minor is
14willfully avoiding trial, the court may commence trial in the
15absence of the minor. The absent minor must be represented by
16retained or appointed counsel. If trial had previously
17commenced in the presence of the minor and the minor is
18willfully absent absents himself for 2 successive court days,
19the court shall proceed to trial. All procedural rights
20guaranteed by the United States Constitution, Constitution of
21the State of Illinois, statutes of the State of Illinois, and
22rules of court shall apply to the proceedings the same as if
23the minor were present in court. The court may set the case for
24a trial which may be conducted under this Section despite the
25failure of the minor to appear at the hearing at which the

 

 

SB3961- 638 -LRB102 22864 WGH 32015 b

1trial date is set. When the trial date is set the clerk shall
2send to the minor, by certified mail at the minor's his or her
3last known address, notice of the new date which has been set
4for trial. The notification shall be required when the minor
5was not personally present in open court at the time when the
6case was set for trial.
7    (2) The absence of the minor from a trial conducted under
8this Section does not operate as a bar to concluding the trial,
9to a finding of guilty resulting from the trial, or to a final
10disposition of the trial in favor of the minor.
11    (3) Upon a finding or verdict of not guilty the court shall
12enter a finding for the minor. Upon a finding or verdict of
13guilty, the court shall set a date for the hearing of
14post-trial motions and shall hear the motion in the absence of
15the minor. If post-trial motions are denied, the court shall
16proceed to conduct a sentencing hearing and to impose a
17sentence upon the minor. A social investigation is waived if
18the minor is absent.
19    (4) A minor who is absent for part of the proceedings of
20trial, post-trial motions, or sentencing, does not thereby
21forfeit the minor's his or her right to be present at all
22remaining proceedings.
23    (5) When a minor who in the minor's his or her absence has
24been either found guilty or sentenced or both found guilty and
25sentenced appears before the court, the minor he or she must be
26granted a new trial or a new sentencing hearing if the minor

 

 

SB3961- 639 -LRB102 22864 WGH 32015 b

1can establish that the minor's his or her failure to appear in
2court was both without the minor's his or her fault and due to
3circumstances beyond the minor's his or her control. A hearing
4with notice to the State's Attorney on the minors request for a
5new trial or a new sentencing hearing must be held before any
6such request may be granted. At any such hearing both the minor
7and the State may present evidence.
8    (6) If the court grants only the minor's request for a new
9sentencing hearing, then a new sentencing hearing shall be
10held in accordance with the provisions of this Article. At any
11such hearing, both the minor and the State may offer evidence
12of the minor's conduct during the minor's his or her period of
13absence from the court. The court may impose any sentence
14authorized by this Article and in the case of an extended
15juvenile jurisdiction prosecution the Unified Code of
16Corrections and is not in any way limited or restricted by any
17sentence previously imposed.
18    (7) A minor whose motion under subsection (5) for a new
19trial or new sentencing hearing has been denied may file a
20notice of appeal from the denial. The notice may also include a
21request for review of the finding and sentence not vacated by
22the trial court.
23(Source: P.A. 90-590, eff. 1-1-99.)
 
24    (705 ILCS 405/5-705)
25    Sec. 5-705. Sentencing hearing; evidence; continuance.

 

 

SB3961- 640 -LRB102 22864 WGH 32015 b

1    (1) In this subsection (1), "violent crime" has the same
2meaning ascribed to the term in subsection (c) of Section 3 of
3the Rights of Crime Victims and Witnesses Act. At the
4sentencing hearing, the court shall determine whether it is in
5the best interests of the minor or the public that the minor he
6or she be made a ward of the court, and, if the minor he or she
7is to be made a ward of the court, the court shall determine
8the proper disposition best serving the interests of the minor
9and the public. All evidence helpful in determining these
10questions, including oral and written reports, may be admitted
11and may be relied upon to the extent of its probative value,
12even though not competent for the purposes of the trial. A
13crime victim shall be allowed to present an oral or written
14statement, as guaranteed by Article I, Section 8.1 of the
15Illinois Constitution and as provided in Section 6 of the
16Rights of Crime Victims and Witnesses Act, in any case in
17which: (a) a juvenile has been adjudicated delinquent for a
18violent crime after a bench or jury trial; or (b) the petition
19alleged the commission of a violent crime and the juvenile has
20been adjudicated delinquent under a plea agreement of a crime
21that is not a violent crime. The court shall allow a victim to
22make an oral statement if the victim is present in the
23courtroom and requests to make an oral statement. An oral
24statement includes the victim or a representative of the
25victim reading the written statement. The court may allow
26persons impacted by the crime who are not victims under

 

 

SB3961- 641 -LRB102 22864 WGH 32015 b

1subsection (a) of Section 3 of the Rights of Crime Victims and
2Witnesses Act to present an oral or written statement. A
3victim and any person making an oral statement shall not be put
4under oath or subject to cross-examination. A record of a
5prior continuance under supervision under Section 5-615,
6whether successfully completed or not, is admissible at the
7sentencing hearing. No order of commitment to the Department
8of Juvenile Justice shall be entered against a minor before a
9written report of social investigation, which has been
10completed within the previous 60 days, is presented to and
11considered by the court.
12    (2) Once a party has been served in compliance with
13Section 5-525, no further service or notice must be given to
14that party prior to proceeding to a sentencing hearing. Before
15imposing sentence the court shall advise the State's Attorney
16and the parties who are present or their counsel of the factual
17contents and the conclusions of the reports prepared for the
18use of the court and considered by it, and afford fair
19opportunity, if requested, to controvert them. Factual
20contents, conclusions, documents and sources disclosed by the
21court under this paragraph shall not be further disclosed
22without the express approval of the court.
23    (3) On its own motion or that of the State's Attorney, a
24parent, guardian, legal custodian, or counsel, the court may
25adjourn the hearing for a reasonable period to receive reports
26or other evidence and, in such event, shall make an

 

 

SB3961- 642 -LRB102 22864 WGH 32015 b

1appropriate order for detention of the minor or the minor's
2his or her release from detention subject to supervision by
3the court during the period of the continuance. In the event
4the court shall order detention hereunder, the period of the
5continuance shall not exceed 30 court days. At the end of such
6time, the court shall release the minor from detention unless
7notice is served at least 3 days prior to the hearing on the
8continued date that the State will be seeking an extension of
9the period of detention, which notice shall state the reason
10for the request for the extension. The extension of detention
11may be for a maximum period of an additional 15 court days or a
12lesser number of days at the discretion of the court. However,
13at the expiration of the period of extension, the court shall
14release the minor from detention if a further continuance is
15granted. In scheduling investigations and hearings, the court
16shall give priority to proceedings in which a minor is in
17detention or has otherwise been removed from the minor's his
18or her home before a sentencing order has been made.
19    (4) When commitment to the Department of Juvenile Justice
20is ordered, the court shall state the basis for selecting the
21particular disposition, and the court shall prepare such a
22statement for inclusion in the record.
23    (5) Before a sentencing order is entered by the court
24under Section 5-710 for a minor adjudged delinquent for a
25violation of paragraph (3.5) of subsection (a) of Section 26-1
26of the Criminal Code of 2012, in which the minor made a threat

 

 

SB3961- 643 -LRB102 22864 WGH 32015 b

1of violence, death, or bodily harm against a person, school,
2school function, or school event, the court may order a mental
3health evaluation of the minor by a physician, clinical
4psychologist, or qualified examiner, whether employed by the
5State, by any public or private mental health facility or part
6of the facility, or by any public or private medical facility
7or part of the facility. A statement made by a minor during the
8course of a mental health evaluation conducted under this
9subsection (5) is not admissible on the issue of delinquency
10during the course of an adjudicatory hearing held under this
11Act. Neither the physician, clinical psychologist, qualified
12examiner, or the his or her employer of the physician,
13clinical psychologist, qualified examiner, shall be held
14criminally, civilly, or professionally liable for performing a
15mental health examination under this subsection (5), except
16for willful or wanton misconduct. In this subsection (5),
17"qualified examiner" has the meaning provided in Section 1-122
18of the Mental Health and Developmental Disabilities Code.
19(Source: P.A. 100-961, eff. 1-1-19; 101-238, eff. 1-1-20.)
 
20    (705 ILCS 405/5-710)
21    Sec. 5-710. Kinds of sentencing orders.
22    (1) The following kinds of sentencing orders may be made
23in respect of wards of the court:
24        (a) Except as provided in Sections 5-805, 5-810, and
25    5-815, a minor who is found guilty under Section 5-620 may

 

 

SB3961- 644 -LRB102 22864 WGH 32015 b

1    be:
2            (i) put on probation or conditional discharge and
3        released to the minor's his or her parents, guardian
4        or legal custodian, provided, however, that any such
5        minor who is not committed to the Department of
6        Juvenile Justice under this subsection and who is
7        found to be a delinquent for an offense which is first
8        degree murder, a Class X felony, or a forcible felony
9        shall be placed on probation;
10            (ii) placed in accordance with Section 5-740, with
11        or without also being put on probation or conditional
12        discharge;
13            (iii) required to undergo a substance abuse
14        assessment conducted by a licensed provider and
15        participate in the indicated clinical level of care;
16            (iv) on and after January 1, 2015 (the effective
17        date of Public Act 98-803) and before January 1, 2017,
18        placed in the guardianship of the Department of
19        Children and Family Services, but only if the
20        delinquent minor is under 16 years of age or, pursuant
21        to Article II of this Act, a minor under the age of 18
22        for whom an independent basis of abuse, neglect, or
23        dependency exists. On and after January 1, 2017,
24        placed in the guardianship of the Department of
25        Children and Family Services, but only if the
26        delinquent minor is under 15 years of age or, pursuant

 

 

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1        to Article II of this Act, a minor for whom an
2        independent basis of abuse, neglect, or dependency
3        exists. An independent basis exists when the
4        allegations or adjudication of abuse, neglect, or
5        dependency do not arise from the same facts, incident,
6        or circumstances which give rise to a charge or
7        adjudication of delinquency;
8            (v) placed in detention for a period not to exceed
9        30 days, either as the exclusive order of disposition
10        or, where appropriate, in conjunction with any other
11        order of disposition issued under this paragraph,
12        provided that any such detention shall be in a
13        juvenile detention home and the minor so detained
14        shall be 10 years of age or older. However, the 30-day
15        limitation may be extended by further order of the
16        court for a minor under age 15 committed to the
17        Department of Children and Family Services if the
18        court finds that the minor is a danger to the minor
19        himself or others. The minor shall be given credit on
20        the sentencing order of detention for time spent in
21        detention under Sections 5-501, 5-601, 5-710, or 5-720
22        of this Article as a result of the offense for which
23        the sentencing order was imposed. The court may grant
24        credit on a sentencing order of detention entered
25        under a violation of probation or violation of
26        conditional discharge under Section 5-720 of this

 

 

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1        Article for time spent in detention before the filing
2        of the petition alleging the violation. A minor shall
3        not be deprived of credit for time spent in detention
4        before the filing of a violation of probation or
5        conditional discharge alleging the same or related act
6        or acts. The limitation that the minor shall only be
7        placed in a juvenile detention home does not apply as
8        follows:
9            Persons 18 years of age and older who have a
10        petition of delinquency filed against them may be
11        confined in an adult detention facility. In making a
12        determination whether to confine a person 18 years of
13        age or older who has a petition of delinquency filed
14        against the person, these factors, among other
15        matters, shall be considered:
16                (A) the age of the person;
17                (B) any previous delinquent or criminal
18            history of the person;
19                (C) any previous abuse or neglect history of
20            the person;
21                (D) any mental health history of the person;
22            and
23                (E) any educational history of the person;
24            (vi) ordered partially or completely emancipated
25        in accordance with the provisions of the Emancipation
26        of Minors Act;

 

 

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1            (vii) subject to having the minor's his or her
2        driver's license or driving privileges suspended for
3        such time as determined by the court but only until the
4        minor he or she attains 18 years of age;
5            (viii) put on probation or conditional discharge
6        and placed in detention under Section 3-6039 of the
7        Counties Code for a period not to exceed the period of
8        incarceration permitted by law for adults found guilty
9        of the same offense or offenses for which the minor was
10        adjudicated delinquent, and in any event no longer
11        than upon attainment of age 21; this subdivision
12        (viii) notwithstanding any contrary provision of the
13        law;
14            (ix) ordered to undergo a medical or other
15        procedure to have a tattoo symbolizing allegiance to a
16        street gang removed from the minor's his or her body;
17        or
18            (x) placed in electronic monitoring or home
19        detention under Part 7A of this Article.
20        (b) A minor found to be guilty may be committed to the
21    Department of Juvenile Justice under Section 5-750 if the
22    minor is at least 13 years and under 20 years of age,
23    provided that the commitment to the Department of Juvenile
24    Justice shall be made only if the minor was found guilty of
25    a felony offense or first degree murder. The court shall
26    include in the sentencing order any pre-custody credits

 

 

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1    the minor is entitled to under Section 5-4.5-100 of the
2    Unified Code of Corrections. The time during which a minor
3    is in custody before being released upon the request of a
4    parent, guardian or legal custodian shall also be
5    considered as time spent in custody.
6        (c) When a minor is found to be guilty for an offense
7    which is a violation of the Illinois Controlled Substances
8    Act, the Cannabis Control Act, or the Methamphetamine
9    Control and Community Protection Act and made a ward of
10    the court, the court may enter a disposition order
11    requiring the minor to undergo assessment, counseling or
12    treatment in a substance use disorder treatment program
13    approved by the Department of Human Services.
14    (2) Any sentencing order other than commitment to the
15Department of Juvenile Justice may provide for protective
16supervision under Section 5-725 and may include an order of
17protection under Section 5-730.
18    (3) Unless the sentencing order expressly so provides, it
19does not operate to close proceedings on the pending petition,
20but is subject to modification until final closing and
21discharge of the proceedings under Section 5-750.
22    (4) In addition to any other sentence, the court may order
23any minor found to be delinquent 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 "presentencing hearing" referred to in that Section

 

 

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1shall be the sentencing hearing for purposes of this Section.
2The parent, guardian or legal custodian of the minor may be
3ordered by the court to pay some or all of the restitution on
4the minor's behalf, pursuant to the Parental Responsibility
5Law. The State's Attorney is authorized to act on behalf of any
6victim in seeking restitution in proceedings under this
7Section, up to the maximum amount allowed in Section 5 of the
8Parental Responsibility Law.
9    (5) Any sentencing order where the minor is committed or
10placed in accordance with Section 5-740 shall provide for the
11parents or guardian of the estate of the minor to pay to the
12legal custodian or guardian of the person of the minor such
13sums as are determined by the custodian or guardian of the
14person of the minor as necessary for the minor's needs. The
15payments may not exceed the maximum amounts provided for by
16Section 9.1 of the Children and Family Services Act.
17    (6) Whenever the sentencing order requires the minor to
18attend school or participate in a program of training, the
19truant officer or designated school official shall regularly
20report to the court if the minor is a chronic or habitual
21truant under Section 26-2a of the School Code. Notwithstanding
22any other provision of this Act, in instances in which
23educational services are to be provided to a minor in a
24residential facility where the minor has been placed by the
25court, costs incurred in the provision of those educational
26services must be allocated based on the requirements of the

 

 

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1School Code.
2    (7) In no event shall a guilty minor be committed to the
3Department of Juvenile Justice for a period of time in excess
4of that period for which an adult could be committed for the
5same act. The court shall include in the sentencing order a
6limitation on the period of confinement not to exceed the
7maximum period of imprisonment the court could impose under
8Chapter V of the Unified Code of Corrections.
9    (7.5) In no event shall a guilty minor be committed to the
10Department of Juvenile Justice or placed in detention when the
11act for which the minor was adjudicated delinquent would not
12be illegal if committed by an adult.
13    (7.6) In no event shall a guilty minor be committed to the
14Department of Juvenile Justice for an offense which is a Class
154 felony under Section 19-4 (criminal trespass to a
16residence), 21-1 (criminal damage to property), 21-1.01
17(criminal damage to government supported property), 21-1.3
18(criminal defacement of property), 26-1 (disorderly conduct),
19or 31-4 (obstructing justice) of the Criminal Code of 2012.
20    (7.75) In no event shall a guilty minor be committed to the
21Department of Juvenile Justice for an offense that is a Class 3
22or Class 4 felony violation of the Illinois Controlled
23Substances Act unless the commitment occurs upon a third or
24subsequent judicial finding of a violation of probation for
25substantial noncompliance with court-ordered treatment or
26programming.

 

 

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1    (8) A minor found to be guilty for reasons that include a
2violation of Section 21-1.3 of the Criminal Code of 1961 or the
3Criminal Code of 2012 shall be ordered to perform community
4service for not less than 30 and not more than 120 hours, if
5community service is available in the jurisdiction. The
6community service shall include, but need not be limited to,
7the cleanup and repair of the damage that was caused by the
8violation or similar damage to property located in the
9municipality or county in which the violation occurred. The
10order may be in addition to any other order authorized by this
11Section.
12    (8.5) A minor found to be guilty for reasons that include a
13violation of Section 3.02 or Section 3.03 of the Humane Care
14for Animals Act or paragraph (d) of subsection (1) of Section
1521-1 of the Criminal Code of 1961 or paragraph (4) of
16subsection (a) of Section 21-1 of the Criminal Code of 2012
17shall be ordered to undergo medical or psychiatric treatment
18rendered by a psychiatrist or psychological treatment rendered
19by a clinical psychologist. The order may be in addition to any
20other order authorized by this Section.
21    (9) In addition to any other sentencing order, the court
22shall order any minor found to be guilty for an act which would
23constitute, predatory criminal sexual assault of a child,
24aggravated criminal sexual assault, criminal sexual assault,
25aggravated criminal sexual abuse, or criminal sexual abuse if
26committed by an adult to undergo medical testing to determine

 

 

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1whether the defendant has any sexually transmissible disease
2including a test for infection with human immunodeficiency
3virus (HIV) or any other identified causative agency of
4acquired immunodeficiency syndrome (AIDS). Any medical test
5shall be performed only by appropriately licensed medical
6practitioners and may include an analysis of any bodily fluids
7as well as an examination of the minor's person. Except as
8otherwise provided by law, the results of the test shall be
9kept strictly confidential by all medical personnel involved
10in the testing and must be personally delivered in a sealed
11envelope to the judge of the court in which the sentencing
12order was entered for the judge's inspection in camera. Acting
13in accordance with the best interests of the victim and the
14public, the judge shall have the discretion to determine to
15whom the results of the testing may be revealed. The court
16shall notify the minor of the results of the test for infection
17with the human immunodeficiency virus (HIV). The court shall
18also notify the victim if requested by the victim, and if the
19victim is under the age of 15 and if requested by the victim's
20parents or legal guardian, the court shall notify the victim's
21parents or the legal guardian, of the results of the test for
22infection with the human immunodeficiency virus (HIV). The
23court shall provide information on the availability of HIV
24testing and counseling at the Department of Public Health
25facilities to all parties to whom the results of the testing
26are revealed. The court shall order that the cost of any test

 

 

SB3961- 653 -LRB102 22864 WGH 32015 b

1shall be paid by the county and may be taxed as costs against
2the minor.
3    (10) When a court finds a minor to be guilty the court
4shall, before entering a sentencing order under this Section,
5make a finding whether the offense committed either: (a) was
6related to or in furtherance of the criminal activities of an
7organized gang or was motivated by the minor's membership in
8or allegiance to an organized gang, or (b) involved a
9violation of subsection (a) of Section 12-7.1 of the Criminal
10Code of 1961 or the Criminal Code of 2012, a violation of any
11Section of Article 24 of the Criminal Code of 1961 or the
12Criminal Code of 2012, or a violation of any statute that
13involved the wrongful use of a firearm. If the court
14determines the question in the affirmative, and the court does
15not commit the minor to the Department of Juvenile Justice,
16the court shall order the minor to perform community service
17for not less than 30 hours nor more than 120 hours, provided
18that community service is available in the jurisdiction and is
19funded and approved by the county board of the county where the
20offense was committed. The community service shall include,
21but need not be limited to, the cleanup and repair of any
22damage caused by a violation of Section 21-1.3 of the Criminal
23Code of 1961 or the Criminal Code of 2012 and similar damage to
24property located in the municipality or county in which the
25violation occurred. When possible and reasonable, the
26community service shall be performed in the minor's

 

 

SB3961- 654 -LRB102 22864 WGH 32015 b

1neighborhood. This order shall be in addition to any other
2order authorized by this Section except for an order to place
3the minor in the custody of the Department of Juvenile
4Justice. For the purposes of this Section, "organized gang"
5has the meaning ascribed to it in Section 10 of the Illinois
6Streetgang Terrorism Omnibus Prevention Act.
7    (11) If the court determines that the offense was
8committed in furtherance of the criminal activities of an
9organized gang, as provided in subsection (10), and that the
10offense involved the operation or use of a motor vehicle or the
11use of a driver's license or permit, the court shall notify the
12Secretary of State of that determination and of the period for
13which the minor shall be denied driving privileges. If, at the
14time of the determination, the minor does not hold a driver's
15license or permit, the court shall provide that the minor
16shall not be issued a driver's license or permit until the
17minor's his or her 18th birthday. If the minor holds a driver's
18license or permit at the time of the determination, the court
19shall provide that the minor's driver's license or permit
20shall be revoked until the minor's his or her 21st birthday, or
21until a later date or occurrence determined by the court. If
22the minor holds a driver's license at the time of the
23determination, the court may direct the Secretary of State to
24issue the minor a judicial driving permit, also known as a JDP.
25The JDP shall be subject to the same terms as a JDP issued
26under Section 6-206.1 of the Illinois Vehicle Code, except

 

 

SB3961- 655 -LRB102 22864 WGH 32015 b

1that the court may direct that the JDP be effective
2immediately.
3    (12) (Blank).
4(Source: P.A. 101-2, eff. 7-1-19; 101-79, eff. 7-12-19;
5101-159, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
6    (705 ILCS 405/5-711)
7    Sec. 5-711. Family Support Program services; hearing.
8    (a) Any minor who is placed in the guardianship of the
9Department of Children and Family Services under Section 5-710
10while an application for the Family Support Program was
11pending with the Department of Healthcare and Family Services
12or an active application was being reviewed by the Department
13of Healthcare and Family Services shall continue to be
14considered eligible for services if all other eligibility
15criteria are met.
16    (b) The court shall conduct a hearing within 14 days upon
17notification to all parties that an application for the Family
18Support Program services has been approved and services are
19available. At the hearing, the court shall determine whether
20to vacate guardianship of the Department of Children and
21Family Services and return the minor to the custody of the
22parent or guardian with Family Support Program services or
23whether the minor shall continue in the guardianship of the
24Department of Children and Family Services and decline the
25Family Support Program services. In making its determination,

 

 

SB3961- 656 -LRB102 22864 WGH 32015 b

1the court shall consider the minor's best interest, the
2involvement of the parent or guardian in proceedings under
3this Act, the involvement of the parent or guardian in the
4minor's treatment, the relationship between the minor and the
5parent or guardian, and any other factor the court deems
6relevant. If the court vacates the guardianship of the
7Department of Children and Family Services and returns the
8minor to the custody of the parent or guardian with Family
9Support Services, the Department of Healthcare and Family
10Services shall become financially responsible for providing
11services to the minor. If the court determines that the minor
12shall continue in the custody of the Department of Children
13and Family Services, the Department of Children and Family
14Services shall remain financially responsible for providing
15services to the minor, the Family Support Services shall be
16declined, and the minor shall no longer be eligible for Family
17Support Services.
18    (c) This Section does not apply to a minor:
19        (1) for whom a petition has been filed under this Act
20    alleging that the minor he or she is an abused or neglected
21    minor;
22        (2) for whom the court has made a finding that the
23    minor he or she is an abused or neglected minor under this
24    Act except a finding under item (iv) of paragraph (a) of
25    subsection (1) of Section 5-710 that an independent basis
26    of abuse, neglect, or dependency exists; or

 

 

SB3961- 657 -LRB102 22864 WGH 32015 b

1        (3) who has been the subject of an indicated
2    allegation of abuse or neglect by the Department of
3    Children and Family Services, other than for psychiatric
4    lock-out, in which the parent or guardian was the
5    perpetrator within 5 years of the filing of the pending
6    petition.
7(Source: P.A. 101-78, eff. 7-12-19.)
 
8    (705 ILCS 405/5-715)
9    Sec. 5-715. Probation.
10    (1) The period of probation or conditional discharge shall
11not exceed 5 years or until the minor has attained the age of
1221 years, whichever is less, except as provided in this
13Section for a minor who is found to be guilty for an offense
14which is first degree murder. The juvenile court may terminate
15probation or conditional discharge and discharge the minor at
16any time if warranted by the conduct of the minor and the ends
17of justice; provided, however, that the period of probation
18for a minor who is found to be guilty for an offense which is
19first degree murder shall be at least 5 years.
20    (1.5) The period of probation for a minor who is found
21guilty of aggravated criminal sexual assault, criminal sexual
22assault, or aggravated battery with a firearm shall be at
23least 36 months. The period of probation for a minor who is
24found to be guilty of any other Class X felony shall be at
25least 24 months. The period of probation for a Class 1 or Class

 

 

SB3961- 658 -LRB102 22864 WGH 32015 b

12 forcible felony shall be at least 18 months. Regardless of
2the length of probation ordered by the court, for all offenses
3under this paragraph (1.5), the court shall schedule hearings
4to determine whether it is in the best interest of the minor
5and public safety to terminate probation after the minimum
6period of probation has been served. In such a hearing, there
7shall be a rebuttable presumption that it is in the best
8interest of the minor and public safety to terminate
9probation.
10    (2) The court may as a condition of probation or of
11conditional discharge require that the minor:
12        (a) not violate any criminal statute of any
13    jurisdiction;
14        (b) make a report to and appear in person before any
15    person or agency as directed by the court;
16        (c) work or pursue a course of study or vocational
17    training;
18        (d) undergo medical or psychiatric treatment, rendered
19    by a psychiatrist or psychological treatment rendered by a
20    clinical psychologist or social work services rendered by
21    a clinical social worker, or treatment for drug addiction
22    or alcoholism;
23        (e) attend or reside in a facility established for the
24    instruction or residence of persons on probation;
25        (f) support the minor's his or her dependents, if any;
26        (g) refrain from possessing a firearm or other

 

 

SB3961- 659 -LRB102 22864 WGH 32015 b

1    dangerous weapon, or an automobile;
2        (h) permit the probation officer to visit the minor
3    him or her at the minor's his or her home or elsewhere;
4        (i) reside with the minor's his or her parents or in a
5    foster home;
6        (j) attend school;
7        (j-5) with the consent of the superintendent of the
8    facility, attend an educational program at a facility
9    other than the school in which the offense was committed
10    if the minor he or she committed a crime of violence as
11    defined in Section 2 of the Crime Victims Compensation Act
12    in a school, on the real property comprising a school, or
13    within 1,000 feet of the real property comprising a
14    school;
15        (k) attend a non-residential program for youth;
16        (l) make restitution under the terms of subsection (4)
17    of Section 5-710;
18        (m) contribute to the minor's his or her own support
19    at home or in a foster home;
20        (n) perform some reasonable public or community
21    service;
22        (o) participate with community corrections programs
23    including unified delinquency intervention services
24    administered by the Department of Human Services subject
25    to Section 5 of the Children and Family Services Act;
26        (p) pay costs;

 

 

SB3961- 660 -LRB102 22864 WGH 32015 b

1        (q) serve a term of home confinement. In addition to
2    any other applicable condition of probation or conditional
3    discharge, the conditions of home confinement shall be
4    that the minor:
5            (i) remain within the interior premises of the
6        place designated for the minor's his or her
7        confinement during the hours designated by the court;
8            (ii) admit any person or agent designated by the
9        court into the minor's place of confinement at any
10        time for purposes of verifying the minor's compliance
11        with the conditions of the minor's his or her
12        confinement; and
13            (iii) use an approved electronic monitoring device
14        if ordered by the court subject to Article 8A of
15        Chapter V of the Unified Code of Corrections;
16        (r) refrain from entering into a designated geographic
17    area except upon terms as the court finds appropriate. The
18    terms may include consideration of the purpose of the
19    entry, the time of day, other persons accompanying the
20    minor, and advance approval by a probation officer, if the
21    minor has been placed on probation, or advance approval by
22    the court, if the minor has been placed on conditional
23    discharge;
24        (s) refrain from having any contact, directly or
25    indirectly, with certain specified persons or particular
26    types of persons, including but not limited to members of

 

 

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1    street gangs and drug users or dealers;
2        (s-5) undergo a medical or other procedure to have a
3    tattoo symbolizing allegiance to a street gang removed
4    from the minor's his or her body;
5        (t) refrain from having in the minor's his or her body
6    the presence of any illicit drug prohibited by the
7    Cannabis Control Act, the Illinois Controlled Substances
8    Act, or the Methamphetamine Control and Community
9    Protection Act, unless prescribed by a physician, and
10    shall submit samples of the minor's his or her blood or
11    urine or both for tests to determine the presence of any
12    illicit drug; or
13        (u) comply with other conditions as may be ordered by
14    the court.
15    (3) The court may as a condition of probation or of
16conditional discharge require that a minor found guilty on any
17alcohol, cannabis, methamphetamine, or controlled substance
18violation, refrain from acquiring a driver's license during
19the period of probation or conditional discharge. If the minor
20is in possession of a permit or license, the court may require
21that the minor refrain from driving or operating any motor
22vehicle during the period of probation or conditional
23discharge, except as may be necessary in the course of the
24minor's lawful employment.
25    (3.5) The court shall, as a condition of probation or of
26conditional discharge, require that a minor found to be guilty

 

 

SB3961- 662 -LRB102 22864 WGH 32015 b

1and placed on probation for reasons that include a violation
2of Section 3.02 or Section 3.03 of the Humane Care for Animals
3Act or paragraph (4) of subsection (a) of Section 21-1 of the
4Criminal Code of 2012 undergo medical or psychiatric treatment
5rendered by a psychiatrist or psychological treatment rendered
6by a clinical psychologist. The condition may be in addition
7to any other condition.
8    (3.10) The court shall order that a minor placed on
9probation or conditional discharge for a sex offense as
10defined in the Sex Offender Management Board Act undergo and
11successfully complete sex offender treatment. The treatment
12shall be in conformance with the standards developed under the
13Sex Offender Management Board Act and conducted by a treatment
14provider approved by the Board. The treatment shall be at the
15expense of the person evaluated based upon that person's
16ability to pay for the treatment.
17    (4) A minor on probation or conditional discharge shall be
18given a certificate setting forth the conditions upon which
19the minor he or she is being released.
20    (5) The court shall impose upon a minor placed on
21probation or conditional discharge, as a condition of the
22probation or conditional discharge, a fee of $50 for each
23month of probation or conditional discharge supervision
24ordered by the court, unless after determining the inability
25of the minor placed on probation or conditional discharge to
26pay the fee, the court assesses a lesser amount. The court may

 

 

SB3961- 663 -LRB102 22864 WGH 32015 b

1not impose the fee on a minor who is placed in the guardianship
2or custody of the Department of Children and Family Services
3under this Act while the minor is in placement. The fee shall
4be imposed only upon a minor who is actively supervised by the
5probation and court services department. The court may order
6the parent, guardian, or legal custodian of the minor to pay
7some or all of the fee on the minor's behalf.
8    (5.5) Jurisdiction over an offender may be transferred
9from the sentencing court to the court of another circuit with
10the concurrence of both courts. Further transfers or
11retransfers of jurisdiction are also authorized in the same
12manner. The court to which jurisdiction has been transferred
13shall have the same powers as the sentencing court. The
14probation department within the circuit to which jurisdiction
15has been transferred, or which has agreed to provide
16supervision, may impose probation fees upon receiving the
17transferred offender, as provided in subsection (i) of Section
185-6-3 of the Unified Code of Corrections. For all transfer
19cases, as defined in Section 9b of the Probation and Probation
20Officers Act, the probation department from the original
21sentencing court shall retain all probation fees collected
22prior to the transfer. After the transfer, all probation fees
23shall be paid to the probation department within the circuit
24to which jurisdiction has been transferred.
25    If the transfer case originated in another state and has
26been transferred under the Interstate Compact for Juveniles to

 

 

SB3961- 664 -LRB102 22864 WGH 32015 b

1the jurisdiction of an Illinois circuit court for supervision
2by an Illinois probation department, probation fees may be
3imposed only if permitted by the Interstate Commission for
4Juveniles.
5    (6) The General Assembly finds that in order to protect
6the public, the juvenile justice system must compel compliance
7with the conditions of probation by responding to violations
8with swift, certain, and fair punishments and intermediate
9sanctions. The Chief Judge of each circuit shall adopt a
10system of structured, intermediate sanctions for violations of
11the terms and conditions of a sentence of supervision,
12probation or conditional discharge, under this Act.
13    The court shall provide as a condition of a disposition of
14probation, conditional discharge, or supervision, that the
15probation agency may invoke any sanction from the list of
16intermediate sanctions adopted by the chief judge of the
17circuit court for violations of the terms and conditions of
18the sentence of probation, conditional discharge, or
19supervision, subject to the provisions of Section 5-720 of
20this Act.
21(Source: P.A. 99-879, eff. 1-1-17; 100-159, eff. 8-18-17.)
 
22    (705 ILCS 405/5-720)
23    Sec. 5-720. Probation revocation.
24    (1) If a petition is filed charging a violation of a
25condition of probation or of conditional discharge, the court

 

 

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1shall:
2        (a) order the minor to appear; or
3        (b) order the minor's detention if the court finds
4    that the detention is a matter of immediate and urgent
5    necessity for the protection of the minor or of the person
6    or property of another or that the minor is likely to flee
7    the jurisdiction of the court, provided that any such
8    detention shall be in a juvenile detention home and the
9    minor so detained shall be 10 years of age or older; and
10        (c) notify the persons named in the petition under
11    Section 5-520, in accordance with the provisions of
12    Section 5-530.
13    In making its detention determination under paragraph (b)
14of this subsection (1) of this Section, the court may use
15information in its findings offered at such a hearing by way of
16proffer based upon reliable information presented by the
17State, probation officer, or the minor. The filing of a
18petition for violation of a condition of probation or of
19conditional discharge shall toll the period of probation or of
20conditional discharge until the final determination of the
21charge, and the term of probation or conditional discharge
22shall not run until the hearing and disposition of the
23petition for violation.
24    (2) The court shall conduct a hearing of the alleged
25violation of probation or of conditional discharge. The minor
26shall not be held in detention longer than 15 days pending the

 

 

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1determination of the alleged violation.
2    (3) At the hearing, the State shall have the burden of
3going forward with the evidence and proving the violation by a
4preponderance of the evidence. The evidence shall be presented
5in court with the right of confrontation, cross-examination,
6and representation by counsel.
7    (4) If the court finds that the minor has violated a
8condition at any time prior to the expiration or termination
9of the period of probation or conditional discharge, it may
10continue the minor him or her on the existing sentence, with or
11without modifying or enlarging the conditions, or may revoke
12probation or conditional discharge and impose any other
13sentence that was available under Section 5-710 at the time of
14the initial sentence.
15    (5) The conditions of probation and of conditional
16discharge may be reduced or enlarged by the court on motion of
17the probation officer or on its own motion or at the request of
18the minor after notice and hearing under this Section.
19    (6) Sentencing after revocation of probation or of
20conditional discharge shall be under Section 5-705.
21    (7) Instead of filing a violation of probation or of
22conditional discharge, the probation officer, with the
23concurrence of the probation officer's his or her supervisor,
24may serve on the minor a notice of intermediate sanctions. The
25notice shall contain the technical violation or violations
26involved, the date or dates of the violation or violations,

 

 

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1and the intermediate sanctions to be imposed. Upon receipt of
2the notice, the minor shall immediately accept or reject the
3intermediate sanctions. If the sanctions are accepted, they
4shall be imposed immediately. If the intermediate sanctions
5are rejected or the minor does not respond to the notice, a
6violation of probation or of conditional discharge shall be
7immediately filed with the court. The State's Attorney and the
8sentencing court shall be notified of the notice of sanctions.
9Upon successful completion of the intermediate sanctions, a
10court may not revoke probation or conditional discharge or
11impose additional sanctions for the same violation. A notice
12of intermediate sanctions may not be issued for any violation
13of probation or conditional discharge which could warrant an
14additional, separate felony charge.
15(Source: P.A. 90-590, eff. 1-1-99.)
 
16    (705 ILCS 405/5-725)
17    Sec. 5-725. Protective supervision. If the sentencing
18order releases the minor to the custody of the minor's his or
19her parents, guardian or legal custodian, or continues the
20minor him or her in such custody, the court may place the
21person having custody of the minor, except for representatives
22of private or public agencies or governmental departments,
23under supervision of the probation office. Rules or orders of
24court shall define the terms and conditions of protective
25supervision, which may be modified or terminated when the

 

 

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1court finds that the best interests of the minor and the public
2will be served by modifying or terminating protective
3supervision.
4(Source: P.A. 90-590, eff. 1-1-99.)
 
5    (705 ILCS 405/5-730)
6    Sec. 5-730. Order of protection.
7    (1) The court may make an order of protection in
8assistance of or as a condition of any other order authorized
9by this Act. The order of protection may set forth reasonable
10conditions of behavior to be observed for a specified period.
11The order may require a person:
12        (a) to stay away from the home or the minor;
13        (b) to permit a parent to visit the minor at stated
14    periods;
15        (c) to abstain from offensive conduct against the
16    minor, the minor's his or her parent or any person to whom
17    custody of the minor is awarded;
18        (d) to give proper attention to the care of the home;
19        (e) to cooperate in good faith with an agency to which
20    custody of a minor is entrusted by the court or with an
21    agency or association to which the minor is referred by
22    the court;
23        (f) to prohibit and prevent any contact whatsoever
24    with the respondent minor by a specified individual or
25    individuals who are alleged in either a criminal or

 

 

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1    juvenile proceeding to have caused injury to a respondent
2    minor or a sibling of a respondent minor;
3        (g) to refrain from acts of commission or omission
4    that tend to make the home not a proper place for the
5    minor.
6    (2) The court shall enter an order of protection to
7prohibit and prevent any contact between a respondent minor or
8a sibling of a respondent minor and any person named in a
9petition seeking an order of protection who has been convicted
10of heinous battery or aggravated battery under subdivision
11(a)(2) of Section 12-3.05, aggravated battery of a child or
12aggravated battery under subdivision (b)(1) of Section
1312-3.05, criminal sexual assault, aggravated criminal sexual
14assault, predatory criminal sexual assault of a child,
15criminal sexual abuse, or aggravated criminal sexual abuse as
16described in the Criminal Code of 1961 or the Criminal Code of
172012, or has been convicted of an offense that resulted in the
18death of a child, or has violated a previous order of
19protection under this Section.
20    (3) When the court issues an order of protection against
21any person as provided by this Section, the court shall direct
22a copy of such order to the sheriff of that county. The sheriff
23shall furnish a copy of the order of protection to the Illinois
24State Police within 24 hours of receipt, in the form and manner
25required by the Department. The Illinois State Police shall
26maintain a complete record and index of the orders of

 

 

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1protection and make this data available to all local law
2enforcement agencies.
3    (4) After notice and opportunity for hearing afforded to a
4person subject to an order of protection, the order may be
5modified or extended for a further specified period or both or
6may be terminated if the court finds that the best interests of
7the minor and the public will be served by the modification,
8extension, or termination.
9    (5) An order of protection may be sought at any time during
10the course of any proceeding conducted under this Act. Any
11person against whom an order of protection is sought may
12retain counsel to represent the person him or her at a hearing,
13and has rights to be present at the hearing, to be informed
14prior to the hearing in writing of the contents of the petition
15seeking a protective order and of the date, place, and time of
16the hearing, and to cross-examine witnesses called by the
17petitioner and to present witnesses and argument in opposition
18to the relief sought in the petition.
19    (6) Diligent efforts shall be made by the petitioner to
20serve any person or persons against whom any order of
21protection is sought with written notice of the contents of
22the petition seeking a protective order and of the date, place
23and time at which the hearing on the petition is to be held.
24When a protective order is being sought in conjunction with a
25shelter care or detention hearing, if the court finds that the
26person against whom the protective order is being sought has

 

 

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1been notified of the hearing or that diligent efforts have
2been made to notify the person, the court may conduct a
3hearing. If a protective order is sought at any time other than
4in conjunction with a shelter care or detention hearing, the
5court may not conduct a hearing on the petition in the absence
6of the person against whom the order is sought unless the
7petitioner has notified the person by personal service at
8least 3 days before the hearing or has sent written notice by
9first class mail to the person's last known address at least 5
10days before the hearing.
11    (7) A person against whom an order of protection is being
12sought who is neither a parent, guardian, or legal custodian
13or responsible relative as described in Section 1-5 of this
14Act or is not a party or respondent as defined in that Section
15shall not be entitled to the rights provided in that Section.
16The person does not have a right to appointed counsel or to be
17present at any hearing other than the hearing in which the
18order of protection is being sought or a hearing directly
19pertaining to that order. Unless the court orders otherwise,
20the person does not have a right to inspect the court file.
21    (8) All protective orders entered under this Section shall
22be in writing. Unless the person against whom the order was
23obtained was present in court when the order was issued, the
24sheriff, other law enforcement official, or special process
25server shall promptly serve that order upon that person and
26file proof of that service, in the manner provided for service

 

 

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1of process in civil proceedings. The person against whom the
2protective order was obtained may seek a modification of the
3order by filing a written motion to modify the order within 7
4days after actual receipt by the person of a copy of the order.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    (705 ILCS 405/5-735)
7    Sec. 5-735. Enforcement of orders of protective
8supervision or of protection.
9    (1) Orders of protective supervision and orders of
10protection may be enforced by citation to show cause for
11contempt of court by reason of any violation of the order and,
12where protection of the welfare of the minor so requires, by
13the issuance of a warrant to take the alleged violator into
14custody and bring the minor him or her before the court.
15    (2) In any case where an order of protection has been
16entered, the clerk of the court may issue to the petitioner, to
17the minor or to any other person affected by the order a
18certificate stating that an order of protection has been made
19by the court concerning those persons and setting forth its
20terms and requirements. The presentation of the certificate to
21any peace officer authorizes the officer him or her to take
22into custody a person charged with violating the terms of the
23order of protection, to bring the person before the court and,
24within the limits of the officer's his or her legal authority
25as a peace officer, otherwise to aid in securing the

 

 

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1protection the order is intended to afford.
2(Source: P.A. 90-590, eff. 1-1-99.)
 
3    (705 ILCS 405/5-740)
4    Sec. 5-740. Placement; legal custody or guardianship.
5    (1) If the court finds that the parents, guardian, or
6legal custodian of a minor adjudged a ward of the court are
7unfit or are unable, for some reason other than financial
8circumstances alone, to care for, protect, train or discipline
9the minor or are unwilling to do so, and that appropriate
10services aimed at family preservation and family reunification
11have been unsuccessful in rectifying the conditions which have
12led to a finding of unfitness or inability to care for,
13protect, train or discipline the minor, and that it is in the
14best interest of the minor to take the minor him or her from
15the custody of the minor's his or her parents, guardian or
16custodian, the court may:
17        (a) place the minor him or her in the custody of a
18    suitable relative or other person;
19        (b) place the minor him or her under the guardianship
20    of a probation officer;
21        (c) commit the minor him or her to an agency for care
22    or placement, except an institution under the authority of
23    the Department of Juvenile Justice or of the Department of
24    Children and Family Services;
25        (d) commit the minor him or her to some licensed

 

 

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1    training school or industrial school; or
2        (e) commit the minor him or her to any appropriate
3    institution having among its purposes the care of
4    delinquent children, including a child protective facility
5    maintained by a child protection district serving the
6    county from which commitment is made, but not including
7    any institution under the authority of the Department of
8    Juvenile Justice or of the Department of Children and
9    Family Services.
10    (2) When making such placement, the court, wherever
11possible, shall select a person holding the same religious
12belief as that of the minor or a private agency controlled by
13persons of like religious faith of the minor and shall require
14the Department of Children and Family Services to otherwise
15comply with Section 7 of the Children and Family Services Act
16in placing the child. In addition, whenever alternative plans
17for placement are available, the court shall ascertain and
18consider, to the extent appropriate in the particular case,
19the views and preferences of the minor.
20    (3) When a minor is placed with a suitable relative or
21other person, the court shall appoint the suitable relative or
22other person him or her the legal custodian or guardian of the
23person of the minor. When a minor is committed to any agency,
24the court shall appoint the proper officer or representative
25of the proper officer as legal custodian or guardian of the
26person of the minor. Legal custodians and guardians of the

 

 

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1person of the minor have the respective rights and duties set
2forth in subsection (9) of Section 5-105 except as otherwise
3provided by order of court; but no guardian of the person may
4consent to adoption of the minor. An agency whose
5representative is appointed guardian of the person or legal
6custodian of the minor may place the minor him or her in any
7child care facility, but the facility must be licensed under
8the Child Care Act of 1969 or have been approved by the
9Department of Children and Family Services as meeting the
10standards established for such licensing. Like authority and
11restrictions shall be conferred by the court upon any
12probation officer who has been appointed guardian of the
13person of a minor.
14    (4) No placement by any probation officer or agency whose
15representative is appointed guardian of the person or legal
16custodian of a minor may be made in any out of State child care
17facility unless it complies with the Interstate Compact on the
18Placement of Children.
19    (5) The clerk of the court shall issue to the guardian or
20legal custodian of the person a certified copy of the order of
21court, as proof of the guardian's or legal custodian's his or
22her authority. No other process is necessary as authority for
23the keeping of the minor.
24    (6) Legal custody or guardianship granted under this
25Section continues until the court otherwise directs, but not
26after the minor reaches the age of 21 years except as set forth

 

 

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1in Section 5-750.
2(Source: P.A. 99-628, eff. 1-1-17.)
 
3    (705 ILCS 405/5-745)
4    Sec. 5-745. Court review.
5    (1) The court may require any legal custodian or guardian
6of the person appointed under this Act, including the
7Department of Juvenile Justice for youth committed under
8Section 5-750 of this Act, to report periodically to the court
9or may cite the legal custodian or guardian him or her into
10court and require the legal custodian or guardian him or her,
11or the legal custodian's or guardian's his or her agency, to
12make a full and accurate report of the his or her or its doings
13of the legal custodian, guardian, or agency on in behalf of the
14minor, including efforts to secure post-release placement of
15the youth after release from the Department's facilities. The
16legal custodian or guardian, within 10 days after the
17citation, shall make the report, either in writing verified by
18affidavit or orally under oath in open court, or otherwise as
19the court directs. Upon the hearing of the report the court may
20remove the legal custodian or guardian and appoint another in
21the legal custodian's or guardian's his or her stead or
22restore the minor to the custody of the minor's his or her
23parents or former guardian or legal custodian.
24    (2) If the Department of Children and Family Services is
25appointed legal custodian or guardian of a minor under Section

 

 

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15-740 of this Act, the Department of Children and Family
2Services shall file updated case plans with the court every 6
3months. Every agency which has guardianship of a child shall
4file a supplemental petition for court review, or review by an
5administrative body appointed or approved by the court and
6further order within 18 months of the sentencing order and
7each 18 months thereafter. The petition shall state facts
8relative to the child's present condition of physical, mental
9and emotional health as well as facts relative to the minor's
10his or her present custodial or foster care. The petition
11shall be set for hearing and the clerk shall mail 10 days
12notice of the hearing by certified mail, return receipt
13requested, to the person or agency having the physical custody
14of the child, the minor and other interested parties unless a
15written waiver of notice is filed with the petition.
16    If the minor is in the custody of the Illinois Department
17of Children and Family Services, pursuant to an order entered
18under this Article, the court shall conduct permanency
19hearings as set out in subsections (1), (2), and (3) of Section
202-28 of Article II of this Act.
21    Rights of wards of the court under this Act are
22enforceable against any public agency by complaints for relief
23by mandamus filed in any proceedings brought under this Act.
24    (3) The minor or any person interested in the minor may
25apply to the court for a change in custody of the minor and the
26appointment of a new custodian or guardian of the person or for

 

 

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1the restoration of the minor to the custody of the minor's his
2or her parents or former guardian or custodian. In the event
3that the minor has attained 18 years of age and the guardian or
4custodian petitions the court for an order terminating the
5minor's his or her guardianship or custody, guardianship or
6legal custody shall terminate automatically 30 days after the
7receipt of the petition unless the court orders otherwise. No
8legal custodian or guardian of the person may be removed
9without the legal custodian's or guardian's his or her consent
10until given notice and an opportunity to be heard by the court.
11    (4) If the minor is committed to the Department of
12Juvenile Justice under Section 5-750 of this Act, the
13Department shall notify the court in writing of the occurrence
14of any of the following:
15        (a) a critical incident involving a youth committed to
16    the Department; as used in this paragraph (a), "critical
17    incident" means any incident that involves a serious risk
18    to the life, health, or well-being of the youth and
19    includes, but is not limited to, an accident or suicide
20    attempt resulting in serious bodily harm or
21    hospitalization, psychiatric hospitalization, alleged or
22    suspected abuse, or escape or attempted escape from
23    custody, filed within 10 days of the occurrence;
24        (b) a youth who has been released by the Prisoner
25    Review Board but remains in a Department facility solely
26    because the youth does not have an approved aftercare

 

 

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1    release host site, filed within 10 days of the occurrence;
2        (c) a youth, except a youth who has been adjudicated a
3    habitual or violent juvenile offender under Section 5-815
4    or 5-820 of this Act or committed for first degree murder,
5    who has been held in a Department facility for over one
6    consecutive year; or
7        (d) if a report has been filed under paragraph (c) of
8    this subsection, a supplemental report shall be filed
9    every 6 months thereafter.
10The notification required by this subsection (4) shall contain
11a brief description of the incident or situation and a summary
12of the youth's current physical, mental, and emotional health
13and the actions the Department took in response to the
14incident or to identify an aftercare release host site, as
15applicable. Upon receipt of the notification, the court may
16require the Department to make a full report under subsection
17(1) of this Section.
18    (5) With respect to any report required to be filed with
19the court under this Section, the Independent Juvenile
20Ombudsperson Ombudsman shall provide a copy to the minor's
21court appointed guardian ad litem, if the Department has
22received written notice of the appointment, and to the minor's
23attorney, if the Department has received written notice of
24representation from the attorney. If the Department has a
25record that a guardian has been appointed for the minor and a
26record of the last known address of the minor's court

 

 

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1appointed guardian, the Independent Juvenile Ombudsperson
2Ombudsman shall send a notice to the guardian that the report
3is available and will be provided by the Independent Juvenile
4Ombudsperson Ombudsman upon request. If the Department has no
5record regarding the appointment of a guardian for the minor,
6and the Department's records include the last known addresses
7of the minor's parents, the Independent Juvenile Ombudsperson
8Ombudsman shall send a notice to the parents that the report is
9available and will be provided by the Independent Juvenile
10Ombudsperson Ombudsman upon request.
11(Source: P.A. 99-628, eff. 1-1-17; 99-664, eff. 1-1-17;
12100-201, eff. 8-18-17.)
 
13    (705 ILCS 405/5-750)
14    Sec. 5-750. Commitment to the Department of Juvenile
15Justice.
16    (1) Except as provided in subsection (2) of this Section,
17when any delinquent has been adjudged a ward of the court under
18this Act, the court may commit the minor him or her to the
19Department of Juvenile Justice, if it finds that (a) the
20minor's his or her parents, guardian or legal custodian are
21unfit or are unable, for some reason other than financial
22circumstances alone, to care for, protect, train or discipline
23the minor, or are unwilling to do so, and the best interests of
24the minor and the public will not be served by placement under
25Section 5-740, or it is necessary to ensure the protection of

 

 

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1the public from the consequences of criminal activity of the
2delinquent; and (b) commitment to the Department of Juvenile
3Justice is the least restrictive alternative based on evidence
4that efforts were made to locate less restrictive alternatives
5to secure confinement and the reasons why efforts were
6unsuccessful in locating a less restrictive alternative to
7secure confinement. Before the court commits a minor to the
8Department of Juvenile Justice, it shall make a finding that
9secure confinement is necessary, following a review of the
10following individualized factors:
11        (A) Age of the minor.
12        (B) Criminal background of the minor.
13        (C) Review of results of any assessments of the minor,
14    including child centered assessments such as the CANS.
15        (D) Educational background of the minor, indicating
16    whether the minor has ever been assessed for a learning
17    disability, and if so what services were provided as well
18    as any disciplinary incidents at school.
19        (E) Physical, mental and emotional health of the
20    minor, indicating whether the minor has ever been
21    diagnosed with a health issue and if so what services were
22    provided and whether the minor was compliant with
23    services.
24        (F) Community based services that have been provided
25    to the minor, and whether the minor was compliant with the
26    services, and the reason the services were unsuccessful.

 

 

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1        (G) Services within the Department of Juvenile Justice
2    that will meet the individualized needs of the minor.
3    (1.5) Before the court commits a minor to the Department
4of Juvenile Justice, the court must find reasonable efforts
5have been made to prevent or eliminate the need for the minor
6to be removed from the home, or reasonable efforts cannot, at
7this time, for good cause, prevent or eliminate the need for
8removal, and removal from home is in the best interests of the
9minor, the minor's family, and the public.
10    (2) When a minor of the age of at least 13 years is
11adjudged delinquent for the offense of first degree murder,
12the court shall declare the minor a ward of the court and order
13the minor committed to the Department of Juvenile Justice
14until the minor's 21st birthday, without the possibility of
15aftercare release, furlough, or non-emergency authorized
16absence for a period of 5 years from the date the minor was
17committed to the Department of Juvenile Justice, except that
18the time that a minor spent in custody for the instant offense
19before being committed to the Department of Juvenile Justice
20shall be considered as time credited towards that 5 year
21period. Upon release from a Department facility, a minor
22adjudged delinquent for first degree murder shall be placed on
23aftercare release until the age of 21, unless sooner
24discharged from aftercare release or custodianship is
25otherwise terminated in accordance with this Act or as
26otherwise provided for by law. Nothing in this subsection (2)

 

 

SB3961- 683 -LRB102 22864 WGH 32015 b

1shall preclude the State's Attorney from seeking to prosecute
2a minor as an adult as an alternative to proceeding under this
3Act.
4    (3) Except as provided in subsection (2), the commitment
5of a delinquent to the Department of Juvenile Justice shall be
6for an indeterminate term which shall automatically terminate
7upon the delinquent attaining the age of 21 years or upon
8completion of that period for which an adult could be
9committed for the same act, whichever occurs sooner, unless
10the delinquent is sooner discharged from aftercare release or
11custodianship is otherwise terminated in accordance with this
12Act or as otherwise provided for by law.
13    (3.5) Every delinquent minor committed to the Department
14of Juvenile Justice under this Act shall be eligible for
15aftercare release without regard to the length of time the
16minor has been confined or whether the minor has served any
17minimum term imposed. Aftercare release shall be administered
18by the Department of Juvenile Justice, under the direction of
19the Director. Unless sooner discharged, the Department of
20Juvenile Justice shall discharge a minor from aftercare
21release upon completion of the following aftercare release
22terms:
23        (a) One and a half years from the date a minor is
24    released from a Department facility, if the minor was
25    committed for a Class X felony;
26        (b) One year from the date a minor is released from a

 

 

SB3961- 684 -LRB102 22864 WGH 32015 b

1    Department facility, if the minor was committed for a
2    Class 1 or 2 felony; and
3        (c) Six months from the date a minor is released from a
4    Department facility, if the minor was committed for a
5    Class 3 felony or lesser offense.
6    (4) When the court commits a minor to the Department of
7Juvenile Justice, it shall order the minor him or her conveyed
8forthwith to the appropriate reception station or other place
9designated by the Department of Juvenile Justice, and shall
10appoint the Director of Juvenile Justice legal custodian of
11the minor. The clerk of the court shall issue to the Director
12of Juvenile Justice a certified copy of the order, which
13constitutes proof of the Director's authority. No other
14process need issue to warrant the keeping of the minor.
15    (5) If a minor is committed to the Department of Juvenile
16Justice, the clerk of the court shall forward to the
17Department:
18        (a) the sentencing order and copies of committing
19    petition;
20        (b) all reports;
21        (c) the court's statement of the basis for ordering
22    the disposition;
23        (d) any sex offender evaluations;
24        (e) any risk assessment or substance abuse treatment
25    eligibility screening and assessment of the minor by an
26    agent designated by the State to provide assessment

 

 

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1    services for the courts;
2        (f) the number of days, if any, which the minor has
3    been in custody and for which the minor he or she is
4    entitled to credit against the sentence, which information
5    shall be provided to the clerk by the sheriff;
6        (g) any medical or mental health records or summaries
7    of the minor;
8        (h) the municipality where the arrest of the minor
9    occurred, the commission of the offense occurred, and the
10    minor resided at the time of commission;
11        (h-5) a report detailing the minor's criminal history
12    in a manner and form prescribed by the Department of
13    Juvenile Justice;
14        (i) all additional matters which the court directs the
15    clerk to transmit; and
16        (j) all police reports for sex offenses as defined by
17    the Sex Offender Management Board Act.
18    (6) Whenever the Department of Juvenile Justice lawfully
19discharges from its custody and control a minor committed to
20it, the Director of Juvenile Justice shall petition the court
21for an order terminating the minor's his or her custodianship.
22The custodianship shall terminate automatically 30 days after
23receipt of the petition unless the court orders otherwise.
24    (7) If, while on aftercare release, a minor committed to
25the Department of Juvenile Justice who resides in this State
26is charged under the criminal laws of this State, the criminal

 

 

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1laws of any other state, or federal law with an offense that
2could result in a sentence of imprisonment within the
3Department of Corrections, the penal system of any state, or
4the federal Bureau of Prisons, the commitment to the
5Department of Juvenile Justice and all rights and duties
6created by that commitment are automatically suspended pending
7final disposition of the criminal charge. If the minor is
8found guilty of the criminal charge and sentenced to a term of
9imprisonment in the penitentiary system of the Department of
10Corrections, the penal system of any state, or the federal
11Bureau of Prisons, the commitment to the Department of
12Juvenile Justice shall be automatically terminated. If the
13criminal charge is dismissed, the minor is found not guilty,
14or the minor completes a criminal sentence other than
15imprisonment within the Department of Corrections, the penal
16system of any state, or the federal Bureau of Prisons, the
17previously imposed commitment to the Department of Juvenile
18Justice and the full aftercare release term shall be
19automatically reinstated unless custodianship is sooner
20terminated. Nothing in this subsection (7) shall preclude the
21court from ordering another sentence under Section 5-710 of
22this Act or from terminating the Department's custodianship
23while the commitment to the Department is suspended.
24(Source: P.A. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)
 
25    (705 ILCS 405/5-755)

 

 

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1    Sec. 5-755. Duration of wardship and discharge of
2proceedings.
3    (1) All proceedings under this Act in respect of any minor
4for whom a petition was filed on or after the effective date of
5this amendatory Act of 1998 automatically terminate upon the
6minor his or her attaining the age of 21 years except that
7provided in Section 5-810.
8    (2) Whenever the court finds that the best interests of
9the minor and the public no longer require the wardship of the
10court, the court shall order the wardship terminated and all
11proceedings under this Act respecting that minor finally
12closed and discharged. The court may at the same time continue
13or terminate any custodianship or guardianship previously
14ordered but the termination must be made in compliance with
15Section 5-745.
16    (3) The wardship of the minor and any legal custodianship
17or guardianship respecting the minor for whom a petition was
18filed on or after the effective date of this amendatory Act of
191998 automatically terminates when the minor he or she attains
20the age of 21 years except as set forth in subsection (1) of
21this Section. The clerk of the court shall at that time record
22all proceedings under this Act as finally closed and
23discharged for that reason.
24(Source: P.A. 90-590, eff. 1-1-99.)
 
25    (705 ILCS 405/5-7A-105)

 

 

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1    Sec. 5-7A-105. Definitions. As used in this Article:
2    (a) "Approved electronic monitoring device" means a device
3approved by the supervising authority that is primarily
4intended to record or transmit information as to the minor's
5presence or nonpresence in the home. An approved electronic
6monitoring device may record or transmit: oral or wire
7communications or an auditory sound; visual images; or
8information regarding the minor's activities while inside the
9offender's home. These devices are subject to the required
10consent as set forth in Section 5-7A-125 of this Article. An
11approved electronic monitoring device may be used to record a
12conversation between the participant and the monitoring
13device, or the participant and the person supervising the
14participant solely for the purpose of identification and not
15for the purpose of eavesdropping or conducting any other
16illegally intrusive monitoring.
17    (b) "Excluded offenses" means any act if committed by an
18adult would constitute first degree murder, escape, aggravated
19criminal sexual assault, criminal sexual assault, aggravated
20battery with a firearm, bringing or possessing a firearm,
21ammunition, or explosive in a penal institution, any "Super-X"
22drug offense or calculated criminal drug conspiracy or
23streetgang criminal drug conspiracy, or any predecessor or
24successor offenses with the same or substantially the same
25elements, or any inchoate offenses relating to the foregoing
26offenses.

 

 

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1    (c) "Home detention" means the confinement of a minor
2adjudicated delinquent or subject to an adjudicatory hearing
3under Article V for an act that if committed by an adult would
4be an offense to the minor's his or her place of residence
5under the terms and conditions established by the supervising
6authority.
7    (d) "Participant" means a minor placed into an electronic
8monitoring program.
9    (e) "Supervising authority" means the Department of
10Juvenile Justice, probation supervisory authority, sheriff,
11superintendent of a juvenile detention center, or any other
12officer or agency charged with authorizing and supervising
13home detention.
14    (f) "Super-X drug offense" means a violation of clause
15(a)(1)(B), (C), or (D) of Section 401; clause (a)(2)(B), (C),
16or (D) of Section 401; clause (a)(3)(B), (C), or (D) of Section
17401; or clause (a)(7)(B), (C), or (D) of Section 401 of the
18Illinois Controlled Substances Act.
19(Source: P.A. 96-293, eff. 1-1-10.)
 
20    (705 ILCS 405/5-7A-115)
21    Sec. 5-7A-115. Program description. The supervising
22authority may promulgate rules that prescribe reasonable
23guidelines under which an electronic monitoring and home
24detention program shall operate. These rules shall include,
25but not be limited to, the following:

 

 

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1        (A) The participant shall remain within the interior
2    premises or within the property boundaries of the
3    participant's his or her residence at all times during the
4    hours designated by the supervising authority. Such
5    instances of approved absences from the home may include,
6    but are not limited to, the following:
7            (1) working or employment approved by the court or
8        traveling to or from approved employment;
9            (2) unemployed and seeking employment approved for
10        the participant by the court;
11            (3) undergoing medical, psychiatric, mental health
12        treatment, counseling, or other treatment programs
13        approved for the participant by the court;
14            (4) attending an educational institution or a
15        program approved for the participant by the court;
16            (5) attending a regularly scheduled religious
17        service at a place of worship;
18            (6) participating in community work release or
19        community service programs approved for the
20        participant by the supervising authority; or
21            (7) for another compelling reason consistent with
22        the public interest, as approved by the supervising
23        authority.
24        (B) The participant shall admit any person or agent
25    designated by the supervising authority into the
26    participant's his or her residence at any time for

 

 

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1    purposes of verifying the participant's compliance with
2    the conditions of the participant's his or her detention.
3        (C) The participant shall make the necessary
4    arrangements to allow for any person or agent designated
5    by the supervising authority to visit the participant's
6    place of education or employment at any time, based upon
7    the approval of the educational institution or employer or
8    both, for the purpose of verifying the participant's
9    compliance with the conditions of the participant's his or
10    her detention.
11        (D) The participant shall acknowledge and participate
12    with the approved electronic monitoring device as
13    designated by the supervising authority at any time for
14    the purpose of verifying the participant's compliance with
15    the conditions of the participant's his or her detention.
16        (E) The participant shall maintain the following:
17            (1) a working telephone in the participant's home;
18            (2) a monitoring device in the participant's home
19        or on the participant's person, or both; and
20            (3) a monitoring device in the participant's home
21        and on the participant's person in the absence of a
22        telephone.
23        (F) The participant shall obtain approval from the
24    supervising authority before the participant changes
25    residence or the schedule described in paragraph (A) of
26    this Section.

 

 

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1        (G) The participant shall not commit another act that
2    if committed by an adult would constitute a crime during
3    the period of home detention ordered by the court.
4        (H) Notice to the participant that violation of the
5    order for home detention may subject the participant to an
6    adjudicatory hearing for escape as described in Section
7    5-7A-120.
8        (I) The participant shall abide by other conditions as
9    set by the supervising authority.
10(Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)
 
11    (705 ILCS 405/5-810)
12    Sec. 5-810. Extended jurisdiction juvenile prosecutions.
13    (1) (a) If the State's Attorney files a petition, at any
14time prior to commencement of the minor's trial, to designate
15the proceeding as an extended jurisdiction juvenile
16prosecution and the petition alleges the commission by a minor
1713 years of age or older of any offense which would be a felony
18if committed by an adult, and, if the juvenile judge assigned
19to hear and determine petitions to designate the proceeding as
20an extended jurisdiction juvenile prosecution determines that
21there is probable cause to believe that the allegations in the
22petition and motion are true, there is a rebuttable
23presumption that the proceeding shall be designated as an
24extended jurisdiction juvenile proceeding.
25    (b) The judge shall enter an order designating the

 

 

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1proceeding as an extended jurisdiction juvenile proceeding
2unless the judge makes a finding based on clear and convincing
3evidence that sentencing under the Chapter V of the Unified
4Code of Corrections would not be appropriate for the minor
5based on an evaluation of the following factors:
6        (i) the age of the minor;
7        (ii) the history of the minor, including:
8            (A) any previous delinquent or criminal history of
9        the minor,
10            (B) any previous abuse or neglect history of the
11        minor, and
12            (C) any mental health, physical and/or educational
13        history of the minor;
14        (iii) the circumstances of the offense, including:
15            (A) the seriousness of the offense,
16            (B) whether the minor is charged through
17        accountability,
18            (C) whether there is evidence the offense was
19        committed in an aggressive and premeditated manner,
20            (D) whether there is evidence the offense caused
21        serious bodily harm,
22            (E) whether there is evidence the minor possessed
23        a deadly weapon;
24        (iv) the advantages of treatment within the juvenile
25    justice system including whether there are facilities or
26    programs, or both, particularly available in the juvenile

 

 

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1    system;
2        (v) whether the security of the public requires
3    sentencing under Chapter V of the Unified Code of
4    Corrections:
5            (A) the minor's history of services, including the
6        minor's willingness to participate meaningfully in
7        available services;
8            (B) whether there is a reasonable likelihood that
9        the minor can be rehabilitated before the expiration
10        of the juvenile court's jurisdiction;
11            (C) the adequacy of the punishment or services.
12    In considering these factors, the court shall give greater
13weight to the seriousness of the alleged offense, and the
14minor's prior record of delinquency than to other factors
15listed in this subsection.
16    (2) Procedures for extended jurisdiction juvenile
17prosecutions. The State's Attorney may file a written motion
18for a proceeding to be designated as an extended juvenile
19jurisdiction prior to commencement of trial. Notice of the
20motion shall be in compliance with Section 5-530. When the
21State's Attorney files a written motion that a proceeding be
22designated an extended jurisdiction juvenile prosecution, the
23court shall commence a hearing within 30 days of the filing of
24the motion for designation, unless good cause is shown by the
25prosecution or the minor as to why the hearing could not be
26held within this time period. If the court finds good cause has

 

 

SB3961- 695 -LRB102 22864 WGH 32015 b

1been demonstrated, then the hearing shall be held within 60
2days of the filing of the motion. The hearings shall be open to
3the public unless the judge finds that the hearing should be
4closed for the protection of any party, victim or witness. If
5the Juvenile Judge assigned to hear and determine a motion to
6designate an extended jurisdiction juvenile prosecution
7determines that there is probable cause to believe that the
8allegations in the petition and motion are true the court
9shall grant the motion for designation. Information used by
10the court in its findings or stated in or offered in connection
11with this Section may be by way of proffer based on reliable
12information offered by the State or the minor. All evidence
13shall be admissible if it is relevant and reliable regardless
14of whether it would be admissible under the rules of evidence.
15    (3) Trial. A minor who is subject of an extended
16jurisdiction juvenile prosecution has the right to trial by
17jury. Any trial under this Section shall be open to the public.
18    (4) Sentencing. If an extended jurisdiction juvenile
19prosecution under subsection (1) results in a guilty plea, a
20verdict of guilty, or a finding of guilt, the court shall
21impose the following:
22        (i) one or more juvenile sentences under Section
23    5-710; and
24        (ii) an adult criminal sentence in accordance with the
25    provisions of Section 5-4.5-105 of the Unified Code of
26    Corrections, the execution of which shall be stayed on the

 

 

SB3961- 696 -LRB102 22864 WGH 32015 b

1    condition that the offender not violate the provisions of
2    the juvenile sentence.
3Any sentencing hearing under this Section shall be open to the
4public.
5    (5) If, after an extended jurisdiction juvenile
6prosecution trial, a minor is convicted of a lesser-included
7offense or of an offense that the State's Attorney did not
8designate as an extended jurisdiction juvenile prosecution,
9the State's Attorney may file a written motion, within 10 days
10of the finding of guilt, that the minor be sentenced as an
11extended jurisdiction juvenile prosecution offender. The court
12shall rule on this motion using the factors found in paragraph
13(1)(b) of Section 5-805. If the court denies the State's
14Attorney's motion for sentencing under the extended
15jurisdiction juvenile prosecution provision, the court shall
16proceed to sentence the minor under Section 5-710.
17    (6) When it appears that a minor convicted in an extended
18jurisdiction juvenile prosecution under subsection (1) has
19violated the conditions of the minor's his or her sentence, or
20is alleged to have committed a new offense upon the filing of a
21petition to revoke the stay, the court may, without notice,
22issue a warrant for the arrest of the minor. After a hearing,
23if the court finds by a preponderance of the evidence that the
24minor committed a new offense, the court shall order execution
25of the previously imposed adult criminal sentence. After a
26hearing, if the court finds by a preponderance of the evidence

 

 

SB3961- 697 -LRB102 22864 WGH 32015 b

1that the minor committed a violation of the minor's his or her
2sentence other than by a new offense, the court may order
3execution of the previously imposed adult criminal sentence or
4may continue the minor him or her on the existing juvenile
5sentence with or without modifying or enlarging the
6conditions. Upon revocation of the stay of the adult criminal
7sentence and imposition of that sentence, the minor's extended
8jurisdiction juvenile status shall be terminated. The on-going
9jurisdiction over the minor's case shall be assumed by the
10adult criminal court and juvenile court jurisdiction shall be
11terminated and a report of the imposition of the adult
12sentence shall be sent to the Illinois Department of State
13Police.
14    (7) Upon successful completion of the juvenile sentence
15the court shall vacate the adult criminal sentence.
16    (8) Nothing in this Section precludes the State from
17filing a motion for transfer under Section 5-805.
18(Source: P.A. 99-258, eff. 1-1-16.)
 
19    (705 ILCS 405/5-815)
20    Sec. 5-815. Habitual Juvenile Offender.
21    (a) Definition. Any minor having been twice adjudicated a
22delinquent minor for offenses which, had the minor he or she
23been prosecuted as an adult, would have been felonies under
24the laws of this State, and who is thereafter adjudicated a
25delinquent minor for a third time shall be adjudged an

 

 

SB3961- 698 -LRB102 22864 WGH 32015 b

1Habitual Juvenile Offender where:
2        1. the third adjudication is for an offense occurring
3    after adjudication on the second; and
4        2. the second adjudication was for an offense
5    occurring after adjudication on the first; and
6        3. the third offense occurred after January 1, 1980;
7    and
8        4. the third offense was based upon the commission of
9    or attempted commission of the following offenses: first
10    degree murder, second degree murder or involuntary
11    manslaughter; criminal sexual assault or aggravated
12    criminal sexual assault; aggravated or heinous battery
13    involving permanent disability or disfigurement or great
14    bodily harm to the victim; burglary of a home or other
15    residence intended for use as a temporary or permanent
16    dwelling place for human beings; home invasion; robbery or
17    armed robbery; or aggravated arson.
18    Nothing in this Section shall preclude the State's
19Attorney from seeking to prosecute a minor as an adult as an
20alternative to prosecution as a an habitual juvenile offender.
21    A continuance under supervision authorized by Section
225-615 of this Act shall not be permitted under this Section.
23    (b) Notice to minor. The State shall serve upon the minor
24written notice of intention to prosecute under the provisions
25of this Section within 5 judicial days of the filing of any
26delinquency petition, adjudication upon which would mandate

 

 

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1the minor's disposition as a an Habitual Juvenile Offender.
2    (c) Petition; service. A notice to seek adjudication as a
3an Habitual Juvenile Offender shall be filed only by the
4State's Attorney.
5    The petition upon which such Habitual Juvenile Offender
6notice is based shall contain the information and averments
7required for all other delinquency petitions filed under this
8Act and its service shall be according to the provisions of
9this Act.
10    No prior adjudication shall be alleged in the petition.
11    (d) Trial. Trial on such petition shall be by jury unless
12the minor demands, in open court and with advice of counsel, a
13trial by the court without jury.
14    Except as otherwise provided herein, the provisions of
15this Act concerning delinquency proceedings generally shall be
16applicable to Habitual Juvenile Offender proceedings.
17    (e) Proof of prior adjudications. No evidence or other
18disclosure of prior adjudications shall be presented to the
19court or jury during any adjudicatory hearing provided for
20under this Section unless otherwise permitted by the issues
21properly raised in such hearing. In the event the minor who is
22the subject of these proceedings elects to testify on the
23minor's his or her own behalf, it shall be competent to
24introduce evidence, for purposes of impeachment, that the
25minor he or she has previously been adjudicated a delinquent
26minor upon facts which, had the minor he been tried as an

 

 

SB3961- 700 -LRB102 22864 WGH 32015 b

1adult, would have resulted in the minor's his conviction of a
2felony or of any offense that involved dishonesty or false
3statement. Introduction of such evidence shall be according to
4the rules and procedures applicable to the impeachment of an
5adult defendant by prior conviction.
6    After an admission of the facts in the petition or
7adjudication of delinquency, the State's Attorney may file
8with the court a verified written statement signed by the
9State's Attorney concerning any prior adjudication of an
10offense set forth in subsection (a) of this Section which
11offense would have been a felony or of any offense that
12involved dishonesty or false statement had the minor been
13tried as an adult.
14    The court shall then cause the minor to be brought before
15it; shall inform the minor him or her of the allegations of the
16statement so filed, and of the minor's his or her right to a
17hearing before the court on the issue of such prior
18adjudication and of the minor's his right to counsel at such
19hearing; and unless the minor admits such adjudication, the
20court shall hear and determine such issue, and shall make a
21written finding thereon.
22    A duly authenticated copy of the record of any such
23alleged prior adjudication shall be prima facie evidence of
24such prior adjudication or of any offense that involved
25dishonesty or false statement.
26    Any claim that a previous adjudication offered by the

 

 

SB3961- 701 -LRB102 22864 WGH 32015 b

1State's Attorney is not a former adjudication of an offense
2which, had the minor been prosecuted as an adult, would have
3resulted in the minor's his conviction of a felony or of any
4offense that involved dishonesty or false statement, is waived
5unless duly raised at the hearing on such adjudication, or
6unless the State's Attorney's proof shows that such prior
7adjudication was not based upon proof of what would have been a
8felony.
9    (f) Disposition. If the court finds that the prerequisites
10established in subsection (a) of this Section have been
11proven, it shall adjudicate the minor a Habitual Juvenile
12Offender and commit the minor him or her to the Department of
13Juvenile Justice for a period of time as provided in
14subsection (3) of Section 5-750, subject to the target release
15date provisions as provided in subsection (c) of Section
163-2.5-85 of the Unified Code of Corrections.
17(Source: P.A. 102-350, eff. 8-13-21.)
 
18    (705 ILCS 405/5-820)
19    Sec. 5-820. Violent Juvenile Offender.
20    (a) Definition. A minor having been previously adjudicated
21a delinquent minor for an offense which, had the minor he or
22she been prosecuted as an adult, would have been a Class 2 or
23greater felony involving the use or threat of physical force
24or violence against an individual or a Class 2 or greater
25felony for which an element of the offense is possession or use

 

 

SB3961- 702 -LRB102 22864 WGH 32015 b

1of a firearm, and who is thereafter adjudicated a delinquent
2minor for a second time for any of those offenses shall be
3adjudicated a Violent Juvenile Offender if:
4        (1) The second adjudication is for an offense
5    occurring after adjudication on the first; and
6        (2) The second offense occurred on or after January 1,
7    1995.
8    (b) Notice to minor. The State shall serve upon the minor
9written notice of intention to prosecute under the provisions
10of this Section within 5 judicial days of the filing of a
11delinquency petition, adjudication upon which would mandate
12the minor's disposition as a Violent Juvenile Offender.
13    (c) Petition; service. A notice to seek adjudication as a
14Violent Juvenile Offender shall be filed only by the State's
15Attorney.
16    The petition upon which the Violent Juvenile Offender
17notice is based shall contain the information and averments
18required for all other delinquency petitions filed under this
19Act and its service shall be according to the provisions of
20this Act.
21    No prior adjudication shall be alleged in the petition.
22    (d) Trial. Trial on the petition shall be by jury unless
23the minor demands, in open court and with advice of counsel, a
24trial by the court without a jury.
25    Except as otherwise provided in this Section, the
26provisions of this Act concerning delinquency proceedings

 

 

SB3961- 703 -LRB102 22864 WGH 32015 b

1generally shall be applicable to Violent Juvenile Offender
2proceedings.
3    (e) Proof of prior adjudications. No evidence or other
4disclosure of prior adjudications shall be presented to the
5court or jury during an adjudicatory hearing provided for
6under this Section unless otherwise permitted by the issues
7properly raised in that hearing. In the event the minor who is
8the subject of these proceedings elects to testify on the
9minor's his or her own behalf, it shall be competent to
10introduce evidence, for purposes of impeachment, that the
11minor he or she has previously been adjudicated a delinquent
12minor upon facts which, had the minor been tried as an adult,
13would have resulted in the minor's conviction of a felony or of
14any offense that involved dishonesty or false statement.
15Introduction of such evidence shall be according to the rules
16and procedures applicable to the impeachment of an adult
17defendant by prior conviction.
18    After an admission of the facts in the petition or
19adjudication of delinquency, the State's Attorney may file
20with the court a verified written statement signed by the
21State's Attorney concerning any prior adjudication of an
22offense set forth in subsection (a) of this Section that would
23have been a felony or of any offense that involved dishonesty
24or false statement had the minor been tried as an adult.
25    The court shall then cause the minor to be brought before
26it; shall inform the minor of the allegations of the statement

 

 

SB3961- 704 -LRB102 22864 WGH 32015 b

1so filed, of the minor's his or her right to a hearing before
2the court on the issue of the prior adjudication and of the
3minor's his or her right to counsel at the hearing; and unless
4the minor admits the adjudication, the court shall hear and
5determine the issue, and shall make a written finding of the
6issue.
7    A duly authenticated copy of the record of any alleged
8prior adjudication shall be prima facie evidence of the prior
9adjudication or of any offense that involved dishonesty or
10false statement.
11    Any claim that a previous adjudication offered by the
12State's Attorney is not a former adjudication of an offense
13which, had the minor been prosecuted as an adult, would have
14resulted in the minor's his or her conviction of a Class 2 or
15greater felony involving the use or threat of force or
16violence, or a firearm, a felony or of any offense that
17involved dishonesty or false statement is waived unless duly
18raised at the hearing on the adjudication, or unless the
19State's Attorney's proof shows that the prior adjudication was
20not based upon proof of what would have been a felony.
21    (f) Disposition. If the court finds that the prerequisites
22established in subsection (a) of this Section have been
23proven, it shall adjudicate the minor a Violent Juvenile
24Offender and commit the minor to the Department of Juvenile
25Justice for a period of time as provided in subsection (3) of
26Section 5-750, subject to the target release date provisions

 

 

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1in subsection (c) of Section 3-2.5-85 of the Unified Code of
2Corrections.
3    (g) Nothing in this Section shall preclude the State's
4Attorney from seeking to prosecute a minor as a habitual
5juvenile offender or as an adult as an alternative to
6prosecution as a Violent Juvenile Offender.
7    (h) A continuance under supervision authorized by Section
85-615 of this Act shall not be permitted under this Section.
9(Source: P.A. 102-350, eff. 8-13-21.)
 
10    (705 ILCS 405/5-901)
11    Sec. 5-901. Court file.
12    (1) The Court file with respect to proceedings under this
13Article shall consist of the petitions, pleadings, victim
14impact statements, process, service of process, orders, writs
15and docket entries reflecting hearings held and judgments and
16decrees entered by the court. The court file shall be kept
17separate from other records of the court.
18        (a) The file, including information identifying the
19    victim or alleged victim of any sex offense, shall be
20    disclosed only to the following parties when necessary for
21    discharge of their official duties:
22            (i) A judge of the circuit court and members of the
23        staff of the court designated by the judge;
24            (ii) Parties to the proceedings and their
25        attorneys;

 

 

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1            (iii) Victims and their attorneys, except in cases
2        of multiple victims of sex offenses in which case the
3        information identifying the nonrequesting victims
4        shall be redacted;
5            (iv) Probation officers, law enforcement officers
6        or prosecutors or their staff;
7            (v) Adult and juvenile Prisoner Review Boards.
8        (b) The Court file redacted to remove any information
9    identifying the victim or alleged victim of any sex
10    offense shall be disclosed only to the following parties
11    when necessary for discharge of their official duties:
12            (i) Authorized military personnel;
13            (ii) Persons engaged in bona fide research, with
14        the permission of the judge of the juvenile court and
15        the chief executive of the agency that prepared the
16        particular recording: provided that publication of
17        such research results in no disclosure of a minor's
18        identity and protects the confidentiality of the
19        record;
20            (iii) The Secretary of State to whom the Clerk of
21        the Court shall report the disposition of all cases,
22        as required in Section 6-204 or Section 6-205.1 of the
23        Illinois Vehicle Code. However, information reported
24        relative to these offenses shall be privileged and
25        available only to the Secretary of State, courts, and
26        police officers;

 

 

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1            (iv) The administrator of a bonafide substance
2        abuse student assistance program with the permission
3        of the presiding judge of the juvenile court;
4            (v) Any individual, or any public or private
5        agency or institution, having custody of the juvenile
6        under court order or providing educational, medical or
7        mental health services to the juvenile or a
8        court-approved advocate for the juvenile or any
9        placement provider or potential placement provider as
10        determined by the court.
11    (2) (Reserved).
12    (3) A minor who is the victim or alleged victim in a
13juvenile proceeding shall be provided the same confidentiality
14regarding disclosure of identity as the minor who is the
15subject of record. Information identifying victims and alleged
16victims of sex offenses, shall not be disclosed or open to
17public inspection under any circumstances. Nothing in this
18Section shall prohibit the victim or alleged victim of any sex
19offense from voluntarily disclosing this his or her identity.
20    (4) Relevant information, reports and records shall be
21made available to the Department of Juvenile Justice when a
22juvenile offender has been placed in the custody of the
23Department of Juvenile Justice.
24    (4.5) Relevant information, reports and records, held by
25the Department of Juvenile Justice, including social
26investigation, psychological and medical records, of any

 

 

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1juvenile offender, shall be made available to any county
2juvenile detention facility upon written request by the
3Superintendent or Director of that juvenile detention
4facility, to the Chief Records Officer of the Department of
5Juvenile Justice where the subject youth is or was in the
6custody of the Department of Juvenile Justice and is
7subsequently ordered to be held in a county juvenile detention
8facility.
9    (5) Except as otherwise provided in this subsection (5),
10juvenile court records shall not be made available to the
11general public but may be inspected by representatives of
12agencies, associations and news media or other properly
13interested persons by general or special order of the court.
14The State's Attorney, the minor, the minor's his or her
15parents, guardian and counsel shall at all times have the
16right to examine court files and records.
17        (a) The court shall allow the general public to have
18    access to the name, address, and offense of a minor who is
19    adjudicated a delinquent minor under this Act under either
20    of the following circumstances:
21            (i) The adjudication of delinquency was based upon
22        the minor's commission of first degree murder, attempt
23        to commit first degree murder, aggravated criminal
24        sexual assault, or criminal sexual assault; or
25            (ii) The court has made a finding that the minor
26        was at least 13 years of age at the time the act was

 

 

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1        committed and the adjudication of delinquency was
2        based upon the minor's commission of: (A) an act in
3        furtherance of the commission of a felony as a member
4        of or on behalf of a criminal street gang, (B) an act
5        involving the use of a firearm in the commission of a
6        felony, (C) an act that would be a Class X felony
7        offense under or the minor's second or subsequent
8        Class 2 or greater felony offense under the Cannabis
9        Control Act if committed by an adult, (D) an act that
10        would be a second or subsequent offense under Section
11        402 of the Illinois Controlled Substances Act if
12        committed by an adult, (E) an act that would be an
13        offense under Section 401 of the Illinois Controlled
14        Substances Act if committed by an adult, or (F) an act
15        that would be an offense under the Methamphetamine
16        Control and Community Protection Act if committed by
17        an adult.
18        (b) The court shall allow the general public to have
19    access to the name, address, and offense of a minor who is
20    at least 13 years of age at the time the offense is
21    committed and who is convicted, in criminal proceedings
22    permitted or required under Section 5-805, under either of
23    the following circumstances:
24            (i) The minor has been convicted of first degree
25        murder, attempt to commit first degree murder,
26        aggravated criminal sexual assault, or criminal sexual

 

 

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1        assault,
2            (ii) The court has made a finding that the minor
3        was at least 13 years of age at the time the offense
4        was committed and the conviction was based upon the
5        minor's commission of: (A) an offense in furtherance
6        of the commission of a felony as a member of or on
7        behalf of a criminal street gang, (B) an offense
8        involving the use of a firearm in the commission of a
9        felony, (C) a Class X felony offense under the
10        Cannabis Control Act or a second or subsequent Class 2
11        or greater felony offense under the Cannabis Control
12        Act, (D) a second or subsequent offense under Section
13        402 of the Illinois Controlled Substances Act, (E) an
14        offense under Section 401 of the Illinois Controlled
15        Substances Act, or (F) an offense under the
16        Methamphetamine Control and Community Protection Act.
17    (6) Nothing in this Section shall be construed to limit
18the use of an adjudication of delinquency as evidence in any
19juvenile or criminal proceeding, where it would otherwise be
20admissible under the rules of evidence, including, but not
21limited to, use as impeachment evidence against any witness,
22including the minor if the minor he or she testifies.
23    (7) Nothing in this Section shall affect the right of a
24Civil Service Commission or appointing authority examining the
25character and fitness of an applicant for a position as a law
26enforcement officer to ascertain whether that applicant was

 

 

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1ever adjudicated to be a delinquent minor and, if so, to
2examine the records or evidence which were made in proceedings
3under this Act.
4    (8) Following any adjudication of delinquency for a crime
5which would be a felony if committed by an adult, or following
6any adjudication of delinquency for a violation of Section
724-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
8Criminal Code of 2012, the State's Attorney shall ascertain
9whether the minor respondent is enrolled in school and, if so,
10shall provide a copy of the sentencing order to the principal
11or chief administrative officer of the school. Access to such
12juvenile records shall be limited to the principal or chief
13administrative officer of the school and any school counselor
14designated by the principal or chief administrative officer
15him or her.
16    (9) Nothing contained in this Act prevents the sharing or
17disclosure of information or records relating or pertaining to
18juveniles subject to the provisions of the Serious Habitual
19Offender Comprehensive Action Program when that information is
20used to assist in the early identification and treatment of
21habitual juvenile offenders.
22    (10) (Reserved).
23    (11) The Clerk of the Circuit Court shall report to the
24Illinois State Police, in the form and manner required by the
25Illinois State Police, the final disposition of each minor who
26has been arrested or taken into custody before the minor's his

 

 

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1or her 18th birthday for those offenses required to be
2reported under Section 5 of the Criminal Identification Act.
3Information reported to the Illinois State Police Department
4under this Section may be maintained with records that the
5Illinois State Police Department files under Section 2.1 of
6the Criminal Identification Act.
7    (12) Information or records may be disclosed to the
8general public when the court is conducting hearings under
9Section 5-805 or 5-810.
10    (13) The changes made to this Section by Public Act 98-61
11apply to juvenile court records of a minor who has been
12arrested or taken into custody on or after January 1, 2014 (the
13effective date of Public Act 98-61).
14(Source: P.A. 102-197, eff. 7-30-21; 102-320, eff. 8-6-21;
15102-538, eff. 8-20-21; revised 10-12-21.)
 
16    (705 ILCS 405/5-905)
17    Sec. 5-905. Law enforcement records.
18    (1) Law Enforcement Records. Inspection and copying of law
19enforcement records maintained by law enforcement agencies
20that relate to a minor who has been investigated, arrested, or
21taken into custody before the minor's his or her 18th birthday
22shall be restricted to the following and when necessary for
23the discharge of their official duties:
24        (a) A judge of the circuit court and members of the
25    staff of the court designated by the judge;

 

 

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1        (b) Law enforcement officers, probation officers or
2    prosecutors or their staff, or, when necessary for the
3    discharge of its official duties in connection with a
4    particular investigation of the conduct of a law
5    enforcement officer, an independent agency or its staff
6    created by ordinance and charged by a unit of local
7    government with the duty of investigating the conduct of
8    law enforcement officers;
9        (c) The minor, the minor's parents or legal guardian
10    and their attorneys, but only when the juvenile has been
11    charged with an offense;
12        (d) Adult and Juvenile Prisoner Review Boards;
13        (e) Authorized military personnel;
14        (f) Persons engaged in bona fide research, with the
15    permission of the judge of juvenile court and the chief
16    executive of the agency that prepared the particular
17    recording: provided that publication of such research
18    results in no disclosure of a minor's identity and
19    protects the confidentiality of the record;
20        (g) Individuals responsible for supervising or
21    providing temporary or permanent care and custody of
22    minors pursuant to orders of the juvenile court or
23    directives from officials of the Department of Children
24    and Family Services or the Department of Human Services
25    who certify in writing that the information will not be
26    disclosed to any other party except as provided under law

 

 

SB3961- 714 -LRB102 22864 WGH 32015 b

1    or order of court;
2        (h) The appropriate school official only if the agency
3    or officer believes that there is an imminent threat of
4    physical harm to students, school personnel, or others who
5    are present in the school or on school grounds.
6             (A) Inspection and copying shall be limited to
7        law enforcement records transmitted to the appropriate
8        school official or officials whom the school has
9        determined to have a legitimate educational or safety
10        interest by a local law enforcement agency under a
11        reciprocal reporting system established and maintained
12        between the school district and the local law
13        enforcement agency under Section 10-20.14 of the
14        School Code concerning a minor enrolled in a school
15        within the school district who has been arrested or
16        taken into custody for any of the following offenses:
17                (i) any violation of Article 24 of the
18            Criminal Code of 1961 or the Criminal Code of
19            2012;
20                (ii) a violation of the Illinois Controlled
21            Substances Act;
22                (iii) a violation of the Cannabis Control Act;
23                (iv) a forcible felony as defined in Section
24            2-8 of the Criminal Code of 1961 or the Criminal
25            Code of 2012;
26                (v) a violation of the Methamphetamine Control

 

 

SB3961- 715 -LRB102 22864 WGH 32015 b

1            and Community Protection Act;
2                (vi) a violation of Section 1-2 of the
3            Harassing and Obscene Communications Act;
4                (vii) a violation of the Hazing Act; or
5                (viii) a violation of Section 12-1, 12-2,
6            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
7            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
8            Criminal Code of 1961 or the Criminal Code of
9            2012.
10            The information derived from the law enforcement
11        records shall be kept separate from and shall not
12        become a part of the official school record of that
13        child and shall not be a public record. The
14        information shall be used solely by the appropriate
15        school official or officials whom the school has
16        determined to have a legitimate educational or safety
17        interest to aid in the proper rehabilitation of the
18        child and to protect the safety of students and
19        employees in the school. If the designated law
20        enforcement and school officials deem it to be in the
21        best interest of the minor, the student may be
22        referred to in-school or community based social
23        services if those services are available.
24        "Rehabilitation services" may include interventions by
25        school support personnel, evaluation for eligibility
26        for special education, referrals to community-based

 

 

SB3961- 716 -LRB102 22864 WGH 32015 b

1        agencies such as youth services, behavioral healthcare
2        service providers, drug and alcohol prevention or
3        treatment programs, and other interventions as deemed
4        appropriate for the student.
5            (B) Any information provided to appropriate school
6        officials whom the school has determined to have a
7        legitimate educational or safety interest by local law
8        enforcement officials about a minor who is the subject
9        of a current police investigation that is directly
10        related to school safety shall consist of oral
11        information only, and not written law enforcement
12        records, and shall be used solely by the appropriate
13        school official or officials to protect the safety of
14        students and employees in the school and aid in the
15        proper rehabilitation of the child. The information
16        derived orally from the local law enforcement
17        officials shall be kept separate from and shall not
18        become a part of the official school record of the
19        child and shall not be a public record. This
20        limitation on the use of information about a minor who
21        is the subject of a current police investigation shall
22        in no way limit the use of this information by
23        prosecutors in pursuing criminal charges arising out
24        of the information disclosed during a police
25        investigation of the minor. For purposes of this
26        paragraph, "investigation" means an official

 

 

SB3961- 717 -LRB102 22864 WGH 32015 b

1        systematic inquiry by a law enforcement agency into
2        actual or suspected criminal activity;
3        (i) The president of a park district. Inspection and
4    copying shall be limited to law enforcement records
5    transmitted to the president of the park district by the
6    Illinois State Police under Section 8-23 of the Park
7    District Code or Section 16a-5 of the Chicago Park
8    District Act concerning a person who is seeking employment
9    with that park district and who has been adjudicated a
10    juvenile delinquent for any of the offenses listed in
11    subsection (c) of Section 8-23 of the Park District Code
12    or subsection (c) of Section 16a-5 of the Chicago Park
13    District Act.
14    (2) Information identifying victims and alleged victims of
15sex offenses, shall not be disclosed or open to public
16inspection under any circumstances. Nothing in this Section
17shall prohibit the victim or alleged victim of any sex offense
18from voluntarily disclosing this his or her identity.
19    (2.5) If the minor is a victim of aggravated battery,
20battery, attempted first degree murder, or other non-sexual
21violent offense, the identity of the victim may be disclosed
22to appropriate school officials, for the purpose of preventing
23foreseeable future violence involving minors, by a local law
24enforcement agency pursuant to an agreement established
25between the school district and a local law enforcement agency
26subject to the approval by the presiding judge of the juvenile

 

 

SB3961- 718 -LRB102 22864 WGH 32015 b

1court.
2    (3) Relevant information, reports and records shall be
3made available to the Department of Juvenile Justice when a
4juvenile offender has been placed in the custody of the
5Department of Juvenile Justice.
6    (4) Nothing in this Section shall prohibit the inspection
7or disclosure to victims and witnesses of photographs
8contained in the records of law enforcement agencies when the
9inspection or disclosure is conducted in the presence of a law
10enforcement officer for purposes of identification or
11apprehension of any person in the course of any criminal
12investigation or prosecution.
13    (5) The records of law enforcement officers, or of an
14independent agency created by ordinance and charged by a unit
15of local government with the duty of investigating the conduct
16of law enforcement officers, concerning all minors under 18
17years of age must be maintained separate from the records of
18adults and may not be open to public inspection or their
19contents disclosed to the public except by order of the court
20or when the institution of criminal proceedings has been
21permitted under Section 5-130 or 5-805 or required under
22Section 5-130 or 5-805 or such a person has been convicted of a
23crime and is the subject of pre-sentence investigation or when
24provided by law.
25    (6) Except as otherwise provided in this subsection (6),
26law enforcement officers, and personnel of an independent

 

 

SB3961- 719 -LRB102 22864 WGH 32015 b

1agency created by ordinance and charged by a unit of local
2government with the duty of investigating the conduct of law
3enforcement officers, may not disclose the identity of any
4minor in releasing information to the general public as to the
5arrest, investigation or disposition of any case involving a
6minor. Any victim or parent or legal guardian of a victim may
7petition the court to disclose the name and address of the
8minor and the minor's parents or legal guardian, or both. Upon
9a finding by clear and convincing evidence that the disclosure
10is either necessary for the victim to pursue a civil remedy
11against the minor or the minor's parents or legal guardian, or
12both, or to protect the victim's person or property from the
13minor, then the court may order the disclosure of the
14information to the victim or to the parent or legal guardian of
15the victim only for the purpose of the victim pursuing a civil
16remedy against the minor or the minor's parents or legal
17guardian, or both, or to protect the victim's person or
18property from the minor.
19    (7) Nothing contained in this Section shall prohibit law
20enforcement agencies when acting in their official capacity
21from communicating with each other by letter, memorandum,
22teletype or intelligence alert bulletin or other means the
23identity or other relevant information pertaining to a person
24under 18 years of age. The information provided under this
25subsection (7) shall remain confidential and shall not be
26publicly disclosed, except as otherwise allowed by law.

 

 

SB3961- 720 -LRB102 22864 WGH 32015 b

1    (8) No person shall disclose information under this
2Section except when acting in the person's his or her official
3capacity and as provided by law or order of court.
4    (9) The changes made to this Section by Public Act 98-61
5apply to law enforcement records of a minor who has been
6arrested or taken into custody on or after January 1, 2014 (the
7effective date of Public Act 98-61).
8(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14;
999-298, eff. 8-6-15.)
 
10    (705 ILCS 405/5-910)
11    Sec. 5-910. Social, psychological and medical records.
12    (1) The social investigation, psychological and medical
13records of any juvenile offender shall be privileged and shall
14not be disclosed except:
15        (a) upon the written consent of the former juvenile
16    or, if the juvenile offender is under 18 years of age, by
17    the parent of the juvenile; or
18        (b) upon a determination by the head of the treatment
19    facility, who has the records, that disclosure to another
20    individual or facility providing treatment to the minor is
21    necessary for the further treatment of the juvenile
22    offender; or
23        (c) when any court having jurisdiction of the juvenile
24    offender orders disclosure; or
25        (d) when requested by any attorney representing the

 

 

SB3961- 721 -LRB102 22864 WGH 32015 b

1    juvenile offender, but the records shall not be further
2    disclosed by the attorney unless approved by the court or
3    presented as admissible evidence; or
4        (e) upon a written request of a juvenile probation
5    officer in regard to an alleged juvenile offender when the
6    information is needed for screening and assessment
7    purposes, for preparation of a social investigation or
8    presentence investigation, or placement decisions; but the
9    records shall not be further disclosed by the probation
10    officer unless approved by the court; or
11        (f) when the State's Attorney requests a copy of the
12    social investigation for use at a sentencing hearing or
13    upon written request of the State's Attorney for
14    psychological or medical records when the minor contests
15    the minor's his fitness for trial or relies on an
16    affirmative defense of intoxication or insanity.
17    (2) Willful violation of this Section is a Class C
18misdemeanor.
19    (3) Nothing in this Section shall operate to extinguish
20any rights of a juvenile offender established by
21attorney-client, physician-patient, psychologist-client or
22social worker-client privileges except as otherwise provided
23by law.
24(Source: P.A. 90-590, eff. 1-1-99.)
 
25    (705 ILCS 405/5-915)

 

 

SB3961- 722 -LRB102 22864 WGH 32015 b

1    Sec. 5-915. Expungement of juvenile law enforcement and
2juvenile court records.
3    (0.05) (Blank).
4    (0.1) (a) The Illinois State Police and all law
5enforcement agencies within the State shall automatically
6expunge, on or before January 1 of each year, all juvenile law
7enforcement records relating to events occurring before an
8individual's 18th birthday if:
9        (1) one year or more has elapsed since the date of the
10    arrest or law enforcement interaction documented in the
11    records;
12        (2) no petition for delinquency or criminal charges
13    were filed with the clerk of the circuit court relating to
14    the arrest or law enforcement interaction documented in
15    the records; and
16        (3) 6 months have elapsed since the date of the arrest
17    without an additional subsequent arrest or filing of a
18    petition for delinquency or criminal charges whether
19    related or not to the arrest or law enforcement
20    interaction documented in the records.
21    (b) If the law enforcement agency is unable to verify
22satisfaction of conditions (2) and (3) of this subsection
23(0.1), records that satisfy condition (1) of this subsection
24(0.1) shall be automatically expunged if the records relate to
25an offense that if committed by an adult would not be an
26offense classified as a Class 2 felony or higher, an offense

 

 

SB3961- 723 -LRB102 22864 WGH 32015 b

1under Article 11 of the Criminal Code of 1961 or Criminal Code
2of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
312-15, or 12-16 of the Criminal Code of 1961.
4    (0.15) If a juvenile law enforcement record meets
5paragraph (a) of subsection (0.1) of this Section, a juvenile
6law enforcement record created:
7        (1) prior to January 1, 2018, but on or after January
8    1, 2013 shall be automatically expunged prior to January
9    1, 2020;
10        (2) prior to January 1, 2013, but on or after January
11    1, 2000, shall be automatically expunged prior to January
12    1, 2023; and
13        (3) prior to January 1, 2000 shall not be subject to
14    the automatic expungement provisions of this Act.
15Nothing in this subsection (0.15) shall be construed to
16restrict or modify an individual's right to have the person's
17his or her juvenile law enforcement records expunged except as
18otherwise may be provided in this Act.
19    (0.2) (a) Upon dismissal of a petition alleging
20delinquency or upon a finding of not delinquent, the
21successful termination of an order of supervision, or the
22successful termination of an adjudication for an offense which
23would be a Class B misdemeanor, Class C misdemeanor, or a petty
24or business offense if committed by an adult, the court shall
25automatically order the expungement of the juvenile court
26records and juvenile law enforcement records. The clerk shall

 

 

SB3961- 724 -LRB102 22864 WGH 32015 b

1deliver a certified copy of the expungement order to the
2Illinois State Police and the arresting agency. Upon request,
3the State's Attorney shall furnish the name of the arresting
4agency. The expungement shall be completed within 60 business
5days after the receipt of the expungement order.
6    (b) If the chief law enforcement officer of the agency, or
7the chief law enforcement officer's his or her designee,
8certifies in writing that certain information is needed for a
9pending investigation involving the commission of a felony,
10that information, and information identifying the juvenile,
11may be retained until the statute of limitations for the
12felony has run. If the chief law enforcement officer of the
13agency, or the chief law enforcement officer's his or her
14designee, certifies in writing that certain information is
15needed with respect to an internal investigation of any law
16enforcement office, that information and information
17identifying the juvenile may be retained within an
18intelligence file until the investigation is terminated or the
19disciplinary action, including appeals, has been completed,
20whichever is later. Retention of a portion of a juvenile's law
21enforcement record does not disqualify the remainder of a
22juvenile's his or her record from immediate automatic
23expungement.
24    (0.3) (a) Upon an adjudication of delinquency based on any
25offense except a disqualified offense, the juvenile court
26shall automatically order the expungement of the juvenile

 

 

SB3961- 725 -LRB102 22864 WGH 32015 b

1court and law enforcement records 2 years after the juvenile's
2case was closed if no delinquency or criminal proceeding is
3pending and the person has had no subsequent delinquency
4adjudication or criminal conviction. The clerk shall deliver a
5certified copy of the expungement order to the Illinois State
6Police and the arresting agency. Upon request, the State's
7Attorney shall furnish the name of the arresting agency. The
8expungement shall be completed within 60 business days after
9the receipt of the expungement order. In this subsection
10(0.3), "disqualified offense" means any of the following
11offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,
1210-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,
1311-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,
1412-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,
1512-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,
1618-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,
1724-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,
1831-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or
19subsection (b) of Section 8-1, paragraph (4) of subsection (a)
20of Section 11-14.4, subsection (a-5) of Section 12-3.1,
21paragraph (1), (2), or (3) of subsection (a) of Section 12-6,
22subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or
23(2) of subsection (a) of Section 12-7.4, subparagraph (i) of
24paragraph (1) of subsection (a) of Section 12-9, subparagraph
25(H) of paragraph (3) of subsection (a) of Section 24-1.6,
26paragraph (1) of subsection (a) of Section 25-1, or subsection

 

 

SB3961- 726 -LRB102 22864 WGH 32015 b

1(a-7) of Section 31-1 of the Criminal Code of 2012.
2    (b) If the chief law enforcement officer of the agency, or
3the chief law enforcement officer's his or her designee,
4certifies in writing that certain information is needed for a
5pending investigation involving the commission of a felony,
6that information, and information identifying the juvenile,
7may be retained in an intelligence file until the
8investigation is terminated or for one additional year,
9whichever is sooner. Retention of a portion of a juvenile's
10juvenile law enforcement record does not disqualify the
11remainder of a juvenile's his or her record from immediate
12automatic expungement.
13    (0.4) Automatic expungement for the purposes of this
14Section shall not require law enforcement agencies to
15obliterate or otherwise destroy juvenile law enforcement
16records that would otherwise need to be automatically expunged
17under this Act, except after 2 years following the subject
18arrest for purposes of use in civil litigation against a
19governmental entity or its law enforcement agency or personnel
20which created, maintained, or used the records. However, these
21juvenile law enforcement records shall be considered expunged
22for all other purposes during this period and the offense,
23which the records or files concern, shall be treated as if it
24never occurred as required under Section 5-923.
25    (0.5) Subsection (0.1) or (0.2) of this Section does not
26apply to violations of traffic, boating, fish and game laws,

 

 

SB3961- 727 -LRB102 22864 WGH 32015 b

1or county or municipal ordinances.
2    (0.6) Juvenile law enforcement records of a plaintiff who
3has filed civil litigation against the governmental entity or
4its law enforcement agency or personnel that created,
5maintained, or used the records, or juvenile law enforcement
6records that contain information related to the allegations
7set forth in the civil litigation may not be expunged until
8after 2 years have elapsed after the conclusion of the
9lawsuit, including any appeal.
10    (0.7) Officer-worn body camera recordings shall not be
11automatically expunged except as otherwise authorized by the
12Law Enforcement Officer-Worn Body Camera Act.
13    (1) Whenever a person has been arrested, charged, or
14adjudicated delinquent for an incident occurring before a
15person's his or her 18th birthday that if committed by an adult
16would be an offense, and that person's juvenile law
17enforcement and juvenile court records are not eligible for
18automatic expungement under subsection (0.1), (0.2), or (0.3),
19the person may petition the court at any time for expungement
20of juvenile law enforcement records and juvenile court records
21relating to the incident and, upon termination of all juvenile
22court proceedings relating to that incident, the court shall
23order the expungement of all records in the possession of the
24Illinois State Police, the clerk of the circuit court, and law
25enforcement agencies relating to the incident, but only in any
26of the following circumstances:

 

 

SB3961- 728 -LRB102 22864 WGH 32015 b

1        (a) the minor was arrested and no petition for
2    delinquency was filed with the clerk of the circuit court;
3        (a-5) the minor was charged with an offense and the
4    petition or petitions were dismissed without a finding of
5    delinquency;
6        (b) the minor was charged with an offense and was
7    found not delinquent of that offense;
8        (c) the minor was placed under supervision under
9    Section 5-615, and the order of supervision has since been
10    successfully terminated; or
11        (d) the minor was adjudicated for an offense which
12    would be a Class B misdemeanor, Class C misdemeanor, or a
13    petty or business offense if committed by an adult.
14    (1.5) The Illinois State Police shall allow a person to
15use the Access and Review process, established in the Illinois
16State Police, for verifying that the person's his or her
17juvenile law enforcement records relating to incidents
18occurring before the person's his or her 18th birthday
19eligible under this Act have been expunged.
20    (1.6) (Blank).
21    (1.7) (Blank).
22    (1.8) (Blank).
23    (2) Any person whose delinquency adjudications are not
24eligible for automatic expungement under subsection (0.3) of
25this Section may petition the court to expunge all juvenile
26law enforcement records relating to any incidents occurring

 

 

SB3961- 729 -LRB102 22864 WGH 32015 b

1before the person's his or her 18th birthday which did not
2result in proceedings in criminal court and all juvenile court
3records with respect to any adjudications except those based
4upon first degree murder or an offense under Article 11 of the
5Criminal Code of 2012 if the person is required to register
6under the Sex Offender Registration Act at the time the person
7he or she petitions the court for expungement; provided that 2
8years have elapsed since all juvenile court proceedings
9relating to the person him or her have been terminated and the
10person's his or her commitment to the Department of Juvenile
11Justice under this Act has been terminated.
12    (2.5) If a minor is arrested and no petition for
13delinquency is filed with the clerk of the circuit court at the
14time the minor is released from custody, the youth officer, if
15applicable, or other designated person from the arresting
16agency, shall notify verbally and in writing to the minor or
17the minor's parents or guardians that the minor shall have an
18arrest record and shall provide the minor and the minor's
19parents or guardians with an expungement information packet,
20information regarding this State's expungement laws including
21a petition to expunge juvenile law enforcement and juvenile
22court records obtained from the clerk of the circuit court.
23    (2.6) If a minor is referred to court, then, at the time of
24sentencing, dismissal of the case, or successful completion of
25supervision, the judge shall inform the delinquent minor of
26the minor's his or her rights regarding expungement and the

 

 

SB3961- 730 -LRB102 22864 WGH 32015 b

1clerk of the circuit court shall provide an expungement
2information packet to the minor, written in plain language,
3including information regarding this State's expungement laws
4and a petition for expungement, a sample of a completed
5petition, expungement instructions that shall include
6information informing the minor that (i) once the case is
7expunged, it shall be treated as if it never occurred, (ii) the
8minor he or she may apply to have petition fees waived, (iii)
9once the minor he or she obtains an expungement, the minor he
10or she may not be required to disclose that the minor he or she
11had a juvenile law enforcement or juvenile court record, and
12(iv) if petitioning the minor he or she may file the petition
13on the minor's his or her own or with the assistance of an
14attorney. The failure of the judge to inform the delinquent
15minor of the minor's his or her right to petition for
16expungement as provided by law does not create a substantive
17right, nor is that failure grounds for: (i) a reversal of an
18adjudication of delinquency; (ii) a new trial; or (iii) an
19appeal.
20    (2.7) (Blank).
21    (2.8) (Blank).
22    (3) (Blank).
23    (3.1) (Blank).
24    (3.2) (Blank).
25    (3.3) (Blank).
26    (4) (Blank).

 

 

SB3961- 731 -LRB102 22864 WGH 32015 b

1    (5) (Blank).
2    (5.5) Whether or not expunged, records eligible for
3automatic expungement under subdivision (0.1)(a), (0.2)(a), or
4(0.3)(a) may be treated as expunged by the individual subject
5to the records.
6    (6) (Blank).
7    (6.5) The Illinois State Police or any employee of the
8Illinois State Police shall be immune from civil or criminal
9liability for failure to expunge any records of arrest that
10are subject to expungement under this Section because of
11inability to verify a record. Nothing in this Section shall
12create Illinois State Police liability or responsibility for
13the expungement of juvenile law enforcement records it does
14not possess.
15    (7) (Blank).
16    (7.5) (Blank).
17    (8) The expungement of juvenile law enforcement or
18juvenile court records under subsection (0.1), (0.2), or (0.3)
19of this Section shall be funded by appropriation by the
20General Assembly for that purpose.
21    (9) (Blank).
22    (10) (Blank).
23(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
 
24    (705 ILCS 405/5-920)
25    Sec. 5-920. Petitions for expungement.

 

 

SB3961- 732 -LRB102 22864 WGH 32015 b

1    (a) The petition for expungement for subsections (1) and
2(2) of Section 5-915 may include multiple offenses on the same
3petition and shall be substantially in the following form:
4
IN THE CIRCUIT COURT OF ......, ILLINOIS
5
........ JUDICIAL CIRCUIT

 
6IN THE INTEREST OF )    NO.
7                   )
8                   )
9...................)
10(Name of Petitioner)
 
11
PETITION TO EXPUNGE JUVENILE RECORDS
12
(Section 5-915 of the Juvenile Court Act of 1987 (Subsections
13
1 and 2))
14Now comes ............., petitioner, and respectfully requests
15that this Honorable Court enter an order expunging all
16juvenile law enforcement and court records of petitioner and
17in support thereof states that: Petitioner was arrested on
18..... by the ....... Police Department for the offense or
19offenses of ......., and:
20(Check All That Apply:)
21( ) a. no petition or petitions were filed with the Clerk of
22the Circuit Court.
23( ) b. was charged with ...... and was found not delinquent of
24the offense or offenses.

 

 

SB3961- 733 -LRB102 22864 WGH 32015 b

1( ) c. a petition or petitions were filed and the petition or
2petitions were dismissed without a finding of delinquency on
3.....
4( ) d. on ....... placed under supervision pursuant to Section
55-615 of the Juvenile Court Act of 1987 and such order of
6supervision successfully terminated on ........
7( ) e. was adjudicated for the offense or offenses, which would
8have been a Class B misdemeanor, a Class C misdemeanor, or a
9petty offense or business offense if committed by an adult.
10( ) f. was adjudicated for a Class A misdemeanor or felony,
11except first degree murder or an offense under Article 11 of
12the Criminal Code of 2012 if the person is required to register
13under the Sex Offender Registration Act, and 2 years have
14passed since the case was closed.
15Petitioner .... has .... has not been arrested on charges in
16this or any county other than the charges listed above. If
17petitioner has been arrested on additional charges, please
18list the charges below:
19Charge(s): ......
20Arresting Agency or Agencies: ...........
21Disposition/Result: (choose from a. through f., above): .....
22WHEREFORE, the petitioner respectfully requests this Honorable
23Court to (1) order all law enforcement agencies to expunge all
24records of petitioner to this incident or incidents, and (2)
25to order the Clerk of the Court to expunge all records
26concerning the petitioner regarding this incident or

 

 

SB3961- 734 -LRB102 22864 WGH 32015 b

1incidents.
 
2
......................
3
Petitioner (Signature)

 
4
..........................
5
Petitioner's Street Address

 
6
.....................
7
City, State, Zip Code

 
8
.............................
9
Petitioner's Telephone Number

 
10Pursuant to the penalties of perjury under the Code of Civil
11Procedure, 735 ILCS 5/1-109, I hereby certify that the
12statements in this petition are true and correct, or on
13information and belief I believe the same to be true.
 
14
......................
15
Petitioner (Signature)
16    (b) The chief judge of the circuit in which an arrest was
17made or a charge was brought or any judge of that circuit
18designated by the chief judge may, upon verified petition of a
19person who is the subject of an arrest or a juvenile court
20proceeding under subsection (1) or (2) of Section 5-915, order

 

 

SB3961- 735 -LRB102 22864 WGH 32015 b

1the juvenile law enforcement records or official court file,
2or both, to be expunged from the official records of the
3arresting authority, the clerk of the circuit court and the
4Illinois Department of State Police. The person whose juvenile
5law enforcement record, juvenile court record, or both, are to
6be expunged shall petition the court using the appropriate
7form containing the person's his or her current address and
8shall promptly notify the clerk of the circuit court of any
9change of address. Notice of the petition shall be served upon
10the State's Attorney or prosecutor charged with the duty of
11prosecuting the offense, the Illinois Department of State
12Police, and the arresting agency or agencies by the clerk of
13the circuit court. If an objection is filed within 45 days of
14the notice of the petition, the clerk of the circuit court
15shall set a date for hearing after the 45-day objection
16period. At the hearing, the court shall hear evidence on
17whether the expungement should or should not be granted.
18Unless the State's Attorney or prosecutor, the Illinois
19Department of State Police, or an arresting agency objects to
20the expungement within 45 days of the notice, the court may
21enter an order granting expungement. The clerk shall forward a
22certified copy of the order to the Illinois Department of
23State Police and deliver a certified copy of the order to the
24arresting agency.
25    (c) The Notice of Expungement shall be in substantially
26the following form:

 

 

SB3961- 736 -LRB102 22864 WGH 32015 b

1
IN THE CIRCUIT COURT OF ....., ILLINOIS
2
.... JUDICIAL CIRCUIT

 
3IN THE INTEREST OF )    NO.
4                   )
5                   )
6...................)
7(Name of Petitioner)
 
8
NOTICE
9TO:  State's Attorney
10TO:  Arresting Agency
11
12................
13................
14
15................
16................
17TO:  Illinois State Police
18
19.....................
20
21.....................
22ATTENTION: Expungement
23You are hereby notified that on ....., at ....., in courtroom
24..., located at ..., before the Honorable ..., Judge, or any

 

 

SB3961- 737 -LRB102 22864 WGH 32015 b

1judge sitting in the Judge's his/her stead, I shall then and
2there present a Petition to Expunge Juvenile Records in the
3above-entitled matter, at which time and place you may appear.
4
......................
5
Petitioner's Signature
6
...........................
7
Petitioner's Street Address
8
.....................
9
City, State, Zip Code
10
.............................
11
Petitioner's Telephone Number
12
PROOF OF SERVICE
13On the ....... day of ......, 20..., I on oath state that I
14served this notice and true and correct copies of the
15above-checked documents by:
16(Check One:)
17delivering copies personally to each entity to whom they are
18directed;
19or
20by mailing copies to each entity to whom they are directed by
21depositing the same in the U.S. Mail, proper postage fully
22prepaid, before the hour of 5:00 p.m., at the United States
23Postal Depository located at .................
24
.........................................
25
26Signature

 

 

SB3961- 738 -LRB102 22864 WGH 32015 b

1
Clerk of the Circuit Court or Deputy Clerk
2Printed Name of Delinquent Minor/Petitioner: ....
3Address: ........................................
4Telephone Number: ...............................
5    (d) The Order of Expungement shall be in substantially the
6following form:
7
IN THE CIRCUIT COURT OF ....., ILLINOIS
8
.... JUDICIAL CIRCUIT

 
9IN THE INTEREST OF )    NO.
10                   )
11                   )
12...................)
13(Name of Petitioner)
 
14DOB ................
15Arresting Agency/Agencies ......
16
ORDER OF EXPUNGEMENT
17
(Section 5-920 of the Juvenile Court Act of 1987 (Subsection
18
c))
19This matter having been heard on the petitioner's motion and
20the court being fully advised in the premises does find that
21the petitioner is indigent or has presented reasonable cause
22to waive all costs in this matter, IT IS HEREBY ORDERED that:
23    ( ) 1. Clerk of Court and Illinois Department of State
24Police costs are hereby waived in this matter.

 

 

SB3961- 739 -LRB102 22864 WGH 32015 b

1    ( ) 2. The Illinois State Police Bureau of Identification
2and the following law enforcement agencies expunge all records
3of petitioner relating to an arrest dated ...... for the
4offense of ......
5
Law Enforcement Agencies:
6
.........................
7
.........................
8    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
9Court expunge all records regarding the above-captioned case.
10
ENTER: ......................
11
12JUDGE
13DATED: .......
14Name:
15Attorney for:
16Address: City/State/Zip:
17Attorney Number:
18    (e) The Notice of Objection shall be in substantially the
19following form:
20
IN THE CIRCUIT COURT OF ....., ILLINOIS
21
....................... JUDICIAL CIRCUIT

 
22IN THE INTEREST OF )    NO.
23                   )
24                   )
25...................)

 

 

SB3961- 740 -LRB102 22864 WGH 32015 b

1(Name of Petitioner)
 
2
NOTICE OF OBJECTION
3TO:(Attorney, Public Defender, Minor)
4.................................
5.................................
6TO:(Illinois State Police)
7.................................
8.................................
9TO:(Clerk of the Court)
10.................................
11.................................
12TO:(Judge)
13.................................
14.................................
15TO:(Arresting Agency/Agencies)
16.................................
17.................................
18ATTENTION: You are hereby notified that an objection has been
19filed by the following entity regarding the above-named
20minor's petition for expungement of juvenile records:
21( ) State's Attorney's Office;
22( ) Prosecutor (other than State's Attorney's Office) charged
23with the duty of prosecuting the offense sought to be
24expunged;
25( ) Department of Illinois State Police; or

 

 

SB3961- 741 -LRB102 22864 WGH 32015 b

1( ) Arresting Agency or Agencies.
2The agency checked above respectfully requests that this case
3be continued and set for hearing on whether the expungement
4should or should not be granted.
5DATED: .......
6Name:
7Attorney For:
8Address:
9City/State/Zip:
10Telephone:
11Attorney No.:
12
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
13This matter has been set for hearing on the foregoing
14objection, on ...... in room ...., located at ....., before
15the Honorable ....., Judge, or any judge sitting in the
16Judge's his/her stead. (Only one hearing shall be set,
17regardless of the number of Notices of Objection received on
18the same case).
19A copy of this completed Notice of Objection containing the
20court date, time, and location, has been sent via regular U.S.
21Mail to the following entities. (If more than one Notice of
22Objection is received on the same case, each one must be
23completed with the court date, time and location and mailed to
24the following entities):
25( ) Attorney, Public Defender or Minor;
26( ) State's Attorney's Office;

 

 

SB3961- 742 -LRB102 22864 WGH 32015 b

1( ) Prosecutor (other than State's Attorney's Office) charged
2with the duty of prosecuting the offense sought to be
3expunged;
4( ) Department of Illinois State Police; and
5( ) Arresting agency or agencies.
6Date: ......
7Initials of Clerk completing this section: .....
8(Source: P.A. 100-1162, eff. 12-20-18.)
 
9    (705 ILCS 405/6-1)  (from Ch. 37, par. 806-1)
10    Sec. 6-1. Probation departments; functions and duties.
11    (1) The chief judge of each circuit shall make provision
12for probation services for each county in the chief judge's
13his or her circuit. The appointment of officers to probation
14or court services departments and the administration of such
15departments shall be governed by the provisions of the
16Probation and Probation Officers Act.
17    (2) Every county or every group of counties constituting a
18probation district shall maintain a court services or
19probation department subject to the provisions of the
20Probation and Probation Officers Act. For the purposes of this
21Act, such a court services or probation department has, but is
22not limited to, the following powers and duties:
23        (a) When authorized or directed by the court, to
24    receive, investigate and evaluate complaints indicating
25    dependency, requirement of authoritative intervention,

 

 

SB3961- 743 -LRB102 22864 WGH 32015 b

1    addiction or delinquency within the meaning of Sections
2    2-3, 2-4, 3-3, 4-3, or 5-105, respectively; to determine
3    or assist the complainant in determining whether a
4    petition should be filed under Sections 2-13, 3-15, 4-12,
5    or 5-520 or whether referral should be made to an agency,
6    association or other person or whether some other action
7    is advisable; and to see that the indicating filing,
8    referral or other action is accomplished. However, no such
9    investigation, evaluation or supervision by such court
10    services or probation department is to occur with regard
11    to complaints indicating only that a minor may be a
12    chronic or habitual truant.
13        (a-1) To confer in a preliminary conference, with a
14    view to adjusting suitable cases without the filing of a
15    petition as provided for in Section 2-12 or Section 5-305.
16        (b) When a petition is filed under Section 2-13, 3-15,
17    4-15, or 5-520, to make pre-adjudicatory investigations
18    and formulate recommendations to the court when the court
19    has authorized or directed the department to do so.
20        (b-1) When authorized or directed by the court, and
21    with the consent of the party respondents and the State's
22    Attorney, to confer in a pre-adjudicatory conference, with
23    a view to adjusting suitable cases as provided for in
24    Section 2-12 or Section 5-305.
25        (c) To counsel and, by order of the court, to
26    supervise minors referred to the court; to conduct

 

 

SB3961- 744 -LRB102 22864 WGH 32015 b

1    indicated programs of casework, including referrals for
2    medical and mental health service, organized recreation
3    and job placement for wards of the court and, when
4    appropriate, for members of the family of a ward; to act as
5    liaison officer between the court and agencies or
6    associations to which minors are referred or through which
7    they are placed; when so appointed, to serve as guardian
8    of the person of a ward of the court; to provide probation
9    supervision and protective supervision ordered by the
10    court; and to provide like services to wards and
11    probationers of courts in other counties or jurisdictions
12    who have lawfully become local residents.
13        (d) To arrange for placements pursuant to court order.
14        (e) To assume administrative responsibility for such
15    detention, shelter care and other institutions for minors
16    as the court may operate.
17        (f) To maintain an adequate system of case records,
18    statistical records, and financial records related to
19    juvenile detention and shelter care and to make reports to
20    the court and other authorized persons, and to the Supreme
21    Court pursuant to the Probation and Probation Officers
22    Act.
23        (g) To perform such other services as may be
24    appropriate to effectuate the purposes of this Act or as
25    may be directed by any order of court made under this Act.
26    (3) The court services or probation department in any

 

 

SB3961- 745 -LRB102 22864 WGH 32015 b

1probation district or county having less than 1,000,000
2inhabitants, or any personnel of the department, may be
3required by the circuit court to render services to the court
4in other matters as well as proceedings under this Act.
5    (4) In any county or probation district, a probation
6department may be established as a separate division of a more
7inclusive department of court services, with any appropriate
8divisional designation. The organization of any such
9department of court services and the appointment of officers
10and other personnel must comply with the Probation and
11Probation Officers Act.
12    (5) For purposes of this Act only, probation officers
13appointed to probation or court services departments shall be
14considered peace officers. In the exercise of their official
15duties, probation officers, sheriffs, and police officers may,
16anywhere within the State, arrest any minor who is in
17violation of any of the conditions of the minor's his or her
18probation, continuance under supervision, or informal
19supervision, and it shall be the duty of the officer making the
20arrest to take the minor before the court having jurisdiction
21over the minor for further action.
22(Source: P.A. 101-81, eff. 7-12-19.)
 
23    (705 ILCS 405/6-3)  (from Ch. 37, par. 806-3)
24    Sec. 6-3. Court Services Departments; counties over
251,000,000.

 

 

SB3961- 746 -LRB102 22864 WGH 32015 b

1    (1) Any county having more than 1,000,000 inhabitants
2shall maintain a Court Services Department, which shall be
3under the authority and supervision of the chief judge of the
4circuit or of some other judge designated by the chief judge
5him.
6    (2) The functions and duties of probation personnel of the
7Court Services Department include, but are not limited to,
8those described in Section 6-1. Neither the Court Services
9Department nor any of its personnel must supervise the
10probation of any person over 18 years of age convicted under
11the criminal laws, except that the court may order the
12Department to supervise the probation of an adult convicted of
13the crime of contributing to the dependency and neglect of
14children or of contributing to the delinquency of children.
15    (3) The Court Services Department in any such county shall
16provide psychiatric clinical services relating to the purposes
17of this Act when so requested, authorized or ordered by the
18court. The Department may be required by the circuit court to
19render psychiatric clinical services to the court in other
20matters as well as in proceedings under this Act.
21(Source: P.A. 85-601.)
 
22    (705 ILCS 405/6-4)  (from Ch. 37, par. 806-4)
23    Sec. 6-4. Psychiatric Departments; counties under
241,000,000. (1) Any county having less than 1,000,000
25inhabitants or any group of counties constituting a probation

 

 

SB3961- 747 -LRB102 22864 WGH 32015 b

1district may maintain a Psychiatric Department to render
2clinical services requested, authorized or ordered by the
3court. The Psychiatric Department may be required by the
4circuit court to render services to the court in other matters
5as well as in proceedings under this Act. In any county or
6probation district the Psychiatric Department may be
7established as a separate division of a more inclusive
8psychiatric department or of a comprehensive department of
9court services, with any appropriate divisional designation.
10    (2) The chief judge of the circuit court shall appoint a
11professionally qualified person as Director of the Psychiatric
12Department established for any county or probation district in
13the circuit, to serve at the chief judge's his pleasure, and
14may authorize the Director to appoint such other personnel of
15the Department as the chief judge from time to time may
16determine are needed, to serve at the pleasure of the
17Director. The Director shall have general charge of the
18Department under the supervision of the chief judge or of some
19other judge designated by the chief judge for that purpose.
20    (3) Appointments to any professional position in the
21Psychiatric Department must be made in accordance with
22standards prescribed by the chief judge in consultation with
23an advisory committee of the chief judge's his selection,
24composed of persons of recognized and outstanding ability in
25the practice of psychiatry or psychology or in the teaching or
26practice of social service and public welfare work.

 

 

SB3961- 748 -LRB102 22864 WGH 32015 b

1(Source: P.A. 85-601.)
 
2    (705 ILCS 405/6-7)  (from Ch. 37, par. 806-7)
3    Sec. 6-7. Financial responsibility of counties. (1) Each
4county board shall provide in its annual appropriation
5ordinance or annual budget, as the case may be, a reasonable
6sum for payments for the care and support of minors, and for
7payments for court appointed counsel in accordance with orders
8entered under this Act in an amount which in the judgment of
9the county board may be needed for that purpose. Such
10appropriation or budget item constitutes a separate fund into
11which shall be paid not only the moneys appropriated by the
12county board, but also all reimbursements by parents and other
13persons and by the State.
14    (2) No county may be charged with the care and support of
15any minor who is not a resident of the county unless the
16minor's his parents or guardian are unknown or the minor's
17place of residence cannot be determined.
18    (3) No order upon the county for care and support of a
19minor may be entered until the president or chairman of the
20county board has had due notice that such a proceeding is
21pending.
22(Source: P.A. 85-1235; 85-1443; 86-820.)
 
23    (705 ILCS 405/6-8)  (from Ch. 37, par. 806-8)
24    Sec. 6-8. Orders on county for care and support.

 

 

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1    (1) Whenever a minor has been ordered held in detention or
2placed in shelter care under Sections 2-7, 3-9, 4-6 or 5-410,
3the court may order the county to make monthly payments from
4the fund established pursuant to Section 6-7 in an amount
5necessary for the minor's his care and support, but not for a
6period in excess of 90 days.
7    (2) Whenever a ward of the court is placed under Section
82-27, 3-28, 4-25 or 5-740, the court may order the county to
9make monthly payments from the fund established pursuant to
10Section 6-7 in an amount necessary for the minor's his care and
11support to the guardian of the person or legal custodian
12appointed under this Act, or to the agency which such guardian
13or custodian represents.
14    (3) The court may, when the health or condition of any
15minor subject to this Act requires it, order the minor placed
16in a public hospital, institution or agency for treatment or
17special care, or in a private hospital, institution or agency
18which will receive the minor him without charge to the public
19authorities. If such treatment or care cannot be procured
20without charge, the court may order the county to pay an amount
21for such treatment from the fund established pursuant to
22Section 6-7. If the placement is to a hospital or institution,
23the amount to be paid shall not exceed that paid by the county
24department of public aid for the care of minors under like
25conditions, or, if an agency, not more than that established
26by the Department of Children and Family Services for the care

 

 

SB3961- 750 -LRB102 22864 WGH 32015 b

1of minors under like conditions. On like order, the county
2shall pay, from the fund established pursuant to Section 6-7,
3medical, surgical, dental, optical and other fees and expenses
4which the court finds are not within the usual scope of charges
5for the care and support of any minor provided for under this
6Section.
7(Source: P.A. 90-590, eff. 1-1-99.)
 
8    (705 ILCS 405/6-9)  (from Ch. 37, par. 806-9)
9    Sec. 6-9. Enforcement of liability of parents and others.
10    (1) If parentage is at issue in any proceeding under this
11Act, other than cases involving those exceptions to the
12definition of parent set out in item (11) in Section 1-3, then
13the Illinois Parentage Act of 2015 shall apply and the court
14shall enter orders consistent with that Act. If it appears at
15any hearing that a parent or any other person named in the
16petition, liable under the law for the support of the minor, is
17able to contribute to the minor's his or her support, the court
18shall enter an order requiring that parent or other person to
19pay the clerk of the court, or to the guardian or custodian
20appointed under Sections 2-27, 3-28, 4-25 or 5-740, a
21reasonable sum from time to time for the care, support and
22necessary special care or treatment, of the minor. If the
23court determines at any hearing that a parent or any other
24person named in the petition, liable under the law for the
25support of the minor, is able to contribute to help defray the

 

 

SB3961- 751 -LRB102 22864 WGH 32015 b

1costs associated with the minor's detention in a county or
2regional detention center, the court shall enter an order
3requiring that parent or other person to pay the clerk of the
4court a reasonable sum for the care and support of the minor.
5The court may require reasonable security for the payments.
6Upon failure to pay, the court may enforce obedience to the
7order by a proceeding as for contempt of court.
8    If it appears that the person liable for the support of the
9minor is able to contribute to legal fees for representation
10of the minor, the court shall enter an order requiring that
11person to pay a reasonable sum for the representation, to the
12attorney providing the representation or to the clerk of the
13court for deposit in the appropriate account or fund. The sum
14may be paid as the court directs, and the payment thereof
15secured and enforced as provided in this Section for support.
16    If it appears at the detention or shelter care hearing of a
17minor before the court under Section 5-501 that a parent or any
18other person liable for support of the minor is able to
19contribute to the minor's his or her support, that parent or
20other person shall be required to pay a fee for room and board
21at a rate not to exceed $10 per day established, with the
22concurrence of the chief judge of the judicial circuit, by the
23county board of the county in which the minor is detained
24unless the court determines that it is in the best interest and
25welfare of the minor to waive the fee. The concurrence of the
26chief judge shall be in the form of an administrative order.

 

 

SB3961- 752 -LRB102 22864 WGH 32015 b

1Each week, on a day designated by the clerk of the circuit
2court, that parent or other person shall pay the clerk for the
3minor's room and board. All fees for room and board collected
4by the circuit court clerk shall be disbursed into the
5separate county fund under Section 6-7.
6    Upon application, the court shall waive liability for
7support or legal fees under this Section if the parent or other
8person establishes that the parent or other person he or she is
9indigent and unable to pay the incurred liability, and the
10court may reduce or waive liability if the parent or other
11person establishes circumstances showing that full payment of
12support or legal fees would result in financial hardship to
13the person or the person's his or her family.
14    (2) When a person so ordered to pay for the care and
15support of a minor is employed for wages, salary or
16commission, the court may order the person him to make the
17support payments for which the person he is liable under this
18Act out of the person's his wages, salary or commission and to
19assign so much thereof as will pay the support. The court may
20also order the person him to make discovery to the court as to
21the person's his place of employment and the amounts earned by
22the person him. Upon the person's his failure to obey the
23orders of court the person he may be punished as for contempt
24of court.
25    (3) If the minor is a recipient of public aid under the
26Illinois Public Aid Code, the court shall order that payments

 

 

SB3961- 753 -LRB102 22864 WGH 32015 b

1made by a parent or through assignment of the parent's his
2wages, salary or commission be made directly to (a) the
3Department of Healthcare and Family Services if the minor is a
4recipient of aid under Article V of the Code, (b) the
5Department of Human Services if the minor is a recipient of aid
6under Article IV of the Code, or (c) the local governmental
7unit responsible for the support of the minor if the minor he
8is a recipient under Articles VI or VII of the Code. The order
9shall permit the Department of Healthcare and Family Services,
10the Department of Human Services, or the local governmental
11unit, as the case may be, to direct that subsequent payments be
12made directly to the guardian or custodian of the minor, or to
13some other person or agency in the minor's behalf, upon
14removal of the minor from the public aid rolls; and upon such
15direction and removal of the minor from the public aid rolls,
16the Department of Healthcare and Family Services, Department
17of Human Services, or local governmental unit, as the case
18requires, shall give written notice of such action to the
19court. Payments received by the Department of Healthcare and
20Family Services, Department of Human Services, or local
21governmental unit are to be covered, respectively, into the
22General Revenue Fund of the State Treasury or General
23Assistance Fund of the governmental unit, as provided in
24Section 10-19 of the Illinois Public Aid Code.
25(Source: P.A. 99-85, eff. 1-1-16.)
 

 

 

SB3961- 754 -LRB102 22864 WGH 32015 b

1    (705 ILCS 405/6-10)  (from Ch. 37, par. 806-10)
2    Sec. 6-10. State reimbursement of funds.
3    (a) Before the 15th day of each month, the clerk of the
4court shall itemize all payments received by the clerk him
5under Section 6-9 during the preceding month and shall pay
6such amounts to the county treasurer. Before the 20th day of
7each month, the county treasurer shall file with the
8Department of Children and Family Services an itemized
9statement of the amount of money for the care and shelter of a
10minor placed in shelter care under Sections 2-7, 3-9, 4-6 or
115-410 or placed under Sections 2-27, 3-28, 4-25 or 5-740
12before July 1, 1980 and after June 30, 1981, paid by the county
13during the last preceding month pursuant to court order
14entered under Section 6-8, certified by the court, and an
15itemized account of all payments received by the clerk of the
16court under Section 6-9 during the preceding month and paid
17over to the county treasurer, certified by the county
18treasurer. The Department of Children and Family Services
19shall examine and audit the monthly statement and account, and
20upon finding them correct, shall voucher for payment to the
21county a sum equal to the amount so paid out by the county less
22the amount received by the clerk of the court under Section 6-9
23and paid to the county treasurer but not more than an amount
24equal to the current average daily rate paid by the Department
25of Children and Family Services for similar services pursuant
26to Section 5a of Children and Family Services Act, approved

 

 

SB3961- 755 -LRB102 22864 WGH 32015 b

1June 4, 1963, as amended. Reimbursement to the counties under
2this Section for care and support of minors in licensed child
3caring institutions must be made by the Department of Children
4and Family Services only for care in those institutions which
5have filed with the Department a certificate affirming that
6they admit minors on the basis of need without regard to race
7or ethnic origin.
8    (b) The county treasurer may file with the Department of
9Children and Family Services an itemized statement of the
10amount of money paid by the county during the last preceding
11month pursuant to court order entered under Section 6-8,
12certified by the court, and an itemized account of all
13payments received by the clerk of the court under Section 6-9
14during the preceding month and paid over to the county
15treasurer, certified by the county treasurer. The Department
16of Children and Family Services shall examine and audit the
17monthly statement and account, and upon finding them correct,
18shall voucher for payment to the county a sum equal to the
19amount so paid out by the county less the amount received by
20the clerk of the court under Section 6-9 and paid to the county
21treasurer. Subject to appropriations for that purpose, the
22State shall reimburse the county for the care and shelter of a
23minor placed in detention as a result of any new provisions
24that are created by the Juvenile Justice Reform Provisions of
251998 (Public Act 90-590).
26(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
 

 

 

SB3961- 756 -LRB102 22864 WGH 32015 b

1    Section 68. The Unified Code of Corrections is amended by
2changing the heading of Article 2.7 of Chapter III and
3Sections 3-2.7-1, 3-2.7-5, 3-2.7-10, 3-2.7-15, 3-2.7-20,
43-2.7-25, 3-2.7-30, 3-2.7-35, 3-2.7-40, 3-2.7-50, and 3-2.7-55
5as follows:
 
6    (730 ILCS 5/Ch. III Art. 2.7 heading)
7
ARTICLE 2.7. DEPARTMENT OF JUVENILE JUSTICE
8
INDEPENDENT JUVENILE OMBUDSPERSON OMBUDSMAN
9(Source: P.A. 98-1032, eff. 8-25-14.)
 
10    (730 ILCS 5/3-2.7-1)
11    Sec. 3-2.7-1. Short title. This Article may be cited as
12the Department of Juvenile Justice Independent Juvenile
13Ombudsperson Ombudsman Law.
14(Source: P.A. 98-1032, eff. 8-25-14.)
 
15    (730 ILCS 5/3-2.7-5)
16    Sec. 3-2.7-5. Purpose. The purpose of this Article is to
17create within the Department of Juvenile Justice the Office of
18Independent Juvenile Ombudsperson Ombudsman for the purpose of
19securing the rights of youth committed to the Department of
20Juvenile Justice, including youth released on aftercare before
21final discharge.
22(Source: P.A. 98-1032, eff. 8-25-14.)
 

 

 

SB3961- 757 -LRB102 22864 WGH 32015 b

1    (730 ILCS 5/3-2.7-10)
2    Sec. 3-2.7-10. Definitions. In this Article, unless the
3context requires otherwise:
4    "Department" means the Department of Juvenile Justice.
5    "Immediate family or household member" means the spouse,
6child, parent, brother, sister, grandparent, or grandchild,
7whether of the whole blood or half blood or by adoption, or a
8person who shares a common dwelling.
9    "Juvenile justice system" means all activities by public
10or private agencies or persons pertaining to youth involved in
11or having contact with the police, courts, or corrections.
12    "Office" means the Office of the Independent Juvenile
13Ombudsperson Ombudsman.
14    "Ombudsperson Ombudsman" means the Department of Juvenile
15Justice Independent Juvenile Ombudsperson Ombudsman.
16    "Youth" means any person committed by court order to the
17custody of the Department of Juvenile Justice, including youth
18released on aftercare before final discharge.
19(Source: P.A. 98-1032, eff. 8-25-14.)
 
20    (730 ILCS 5/3-2.7-15)
21    Sec. 3-2.7-15. Appointment of Independent Juvenile
22Ombudsperson Ombudsman. The Governor shall appoint the
23Independent Juvenile Ombudsperson Ombudsman with the advice
24and consent of the Senate for a term of 4 years, with the first

 

 

SB3961- 758 -LRB102 22864 WGH 32015 b

1term expiring February 1, 2017. A person appointed as
2Ombudsperson Ombudsman may be reappointed to one or more
3subsequent terms. A vacancy shall occur upon resignation,
4death, or removal. The Ombudsperson Ombudsman may only be
5removed by the Governor for incompetency, malfeasance, neglect
6of duty, or conviction of a felony. If the Senate is not in
7session or is in recess when an appointment subject to its
8confirmation is made, the Governor shall make a temporary
9appointment which shall be subject to subsequent Senate
10approval. The Ombudsperson Ombudsman may employ deputies to
11perform, under the direction of the Ombudsperson Ombudsman,
12the same duties and exercise the same powers as the
13Ombudsperson Ombudsman, and may employ other support staff as
14deemed necessary. The Ombudsperson Ombudsman and deputies
15must:
16        (1) be over the age of 21 years;
17        (2) have a bachelor's or advanced degree from an
18    accredited college or university; and
19        (3) have relevant expertise in areas such as the
20    juvenile justice system, investigations, or civil rights
21    advocacy as evidenced by experience in the field or by
22    academic background.
23(Source: P.A. 98-1032, eff. 8-25-14.)
 
24    (730 ILCS 5/3-2.7-20)
25    Sec. 3-2.7-20. Conflicts of interest. A person may not

 

 

SB3961- 759 -LRB102 22864 WGH 32015 b

1serve as Ombudsperson Ombudsman or as a deputy if the person or
2the person's immediate family or household member:
3        (1) is or has been employed by the Department of
4    Juvenile Justice or Department of Corrections within one
5    year prior to appointment, other than as Ombudsperson
6    Ombudsman or Deputy Ombudsperson Ombudsman;
7        (2) participates in the management of a business
8    entity or other organization receiving funds from the
9    Department of Juvenile Justice;
10        (3) owns or controls, directly or indirectly, any
11    interest in a business entity or other organization
12    receiving funds from the Department of Juvenile Justice;
13        (4) uses or receives any amount of tangible goods,
14    services, or funds from the Department of Juvenile
15    Justice, other than as Ombudsperson Ombudsman or Deputy
16    Ombudsperson Ombudsman; or
17        (5) is required to register as a lobbyist for an
18    organization that interacts with the juvenile justice
19    system.
20(Source: P.A. 98-1032, eff. 8-25-14.)
 
21    (730 ILCS 5/3-2.7-25)
22    Sec. 3-2.7-25. Duties and powers.
23    (a) The Independent Juvenile Ombudsperson Ombudsman shall
24function independently within the Department of Juvenile
25Justice with respect to the operations of the Office in

 

 

SB3961- 760 -LRB102 22864 WGH 32015 b

1performance of the Ombudsperson's his or her duties under this
2Article and shall report to the Governor. The Ombudsperson
3Ombudsman shall adopt rules and standards as may be necessary
4or desirable to carry out the Ombudsperson's his or her
5duties. Funding for the Office shall be designated separately
6within Department funds. The Department shall provide
7necessary administrative services and facilities to the Office
8of the Independent Juvenile Ombudsperson Ombudsman.
9    (b) The Office of Independent Juvenile Ombudsperson
10Ombudsman shall have the following duties:
11        (1) review and monitor the implementation of the rules
12    and standards established by the Department of Juvenile
13    Justice and evaluate the delivery of services to youth to
14    ensure that the rights of youth are fully observed;
15        (2) provide assistance to a youth or family whom the
16    Ombudsperson Ombudsman determines is in need of
17    assistance, including advocating with an agency, provider,
18    or other person in the best interests of the youth;
19        (3) investigate and attempt to resolve complaints made
20    by or on behalf of youth, other than complaints alleging
21    criminal behavior or violations of the State Officials and
22    Employees Ethics Act, if the Office determines that the
23    investigation and resolution would further the purpose of
24    the Office, and:
25            (A) a youth committed to the Department of
26        Juvenile Justice or the youth's family is in need of

 

 

SB3961- 761 -LRB102 22864 WGH 32015 b

1        assistance from the Office; or
2            (B) a systemic issue in the Department of Juvenile
3        Justice's provision of services is raised by a
4        complaint;
5        (4) review or inspect periodically the facilities and
6    procedures of any facility in which a youth has been
7    placed by the Department of Juvenile Justice to ensure
8    that the rights of youth are fully observed; and
9        (5) be accessible to and meet confidentially and
10    regularly with youth committed to the Department and serve
11    as a resource by informing them of pertinent laws, rules,
12    and policies, and their rights thereunder.
13    (c) The following cases shall be reported immediately to
14the Director of Juvenile Justice and the Governor:
15        (1) cases of severe abuse or injury of a youth;
16        (2) serious misconduct, misfeasance, malfeasance, or
17    serious violations of policies and procedures concerning
18    the administration of a Department of Juvenile Justice
19    program or operation;
20        (3) serious problems concerning the delivery of
21    services in a facility operated by or under contract with
22    the Department of Juvenile Justice;
23        (4) interference by the Department of Juvenile Justice
24    with an investigation conducted by the Office; and
25        (5) other cases as deemed necessary by the
26    Ombudsperson Ombudsman.

 

 

SB3961- 762 -LRB102 22864 WGH 32015 b

1    (d) Notwithstanding any other provision of law, the
2Ombudsperson Ombudsman may not investigate alleged criminal
3behavior or violations of the State Officials and Employees
4Ethics Act. If the Ombudsperson Ombudsman determines that a
5possible criminal act has been committed, or that special
6expertise is required in the investigation, the Ombudsperson
7he or she shall immediately notify the Illinois State Police.
8If the Ombudsperson Ombudsman determines that a possible
9violation of the State Officials and Employees Ethics Act has
10occurred, the Ombudsperson he or she shall immediately refer
11the incident to the Office of the Governor's Executive
12Inspector General for investigation. If the Ombudsperson
13Ombudsman receives a complaint from a youth or third party
14regarding suspected abuse or neglect of a child, the
15Ombudsperson Ombudsman shall refer the incident to the Child
16Abuse and Neglect Hotline or to the Illinois State Police as
17mandated by the Abused and Neglected Child Reporting Act. Any
18investigation conducted by the Ombudsperson Ombudsman shall
19not be duplicative and shall be separate from any
20investigation mandated by the Abused and Neglected Child
21Reporting Act. All investigations conducted by the
22Ombudsperson Ombudsman shall be conducted in a manner designed
23to ensure the preservation of evidence for possible use in a
24criminal prosecution.
25    (e) In performance of the Ombudsperson's his or her
26duties, the Ombudsperson Ombudsman may:

 

 

SB3961- 763 -LRB102 22864 WGH 32015 b

1        (1) review court files of youth;
2        (2) recommend policies, rules, and legislation
3    designed to protect youth;
4        (3) make appropriate referrals under any of the duties
5    and powers listed in this Section;
6        (4) attend internal administrative and disciplinary
7    hearings to ensure the rights of youth are fully observed
8    and advocate for the best interest of youth when deemed
9    necessary; and
10        (5) perform other acts, otherwise permitted or
11    required by law, in furtherance of the purpose of the
12    Office.
13    (f) To assess if a youth's rights have been violated, the
14Ombudsperson Ombudsman may, in any matter that does not
15involve alleged criminal behavior, contact or consult with an
16administrator, employee, youth, parent, expert, or any other
17individual in the course of the Ombudsperson's his or her
18investigation or to secure information as necessary to fulfill
19the Ombudsperson's his or her duties.
20(Source: P.A. 102-538, eff. 8-20-21.)
 
21    (730 ILCS 5/3-2.7-30)
22    Sec. 3-2.7-30. Duties of the Department of Juvenile
23Justice.
24    (a) The Department of Juvenile Justice shall allow any
25youth to communicate with the Ombudsperson Ombudsman or a

 

 

SB3961- 764 -LRB102 22864 WGH 32015 b

1deputy at any time. The communication:
2        (1) may be in person, by phone, by mail, or by any
3    other means deemed appropriate in light of security
4    concerns; and
5        (2) is confidential and privileged.
6    (b) The Department shall allow the Ombudsperson Ombudsman
7and deputies full and unannounced access to youth and
8Department facilities at any time. The Department shall
9furnish the Ombudsperson Ombudsman and deputies with
10appropriate meeting space in each facility in order to
11preserve confidentiality.
12    (c) The Department shall allow the Ombudsperson Ombudsman
13and deputies to participate in professional development
14opportunities provided by the Department of Juvenile Justice
15as practical and to attend appropriate professional training
16when requested by the Ombudsperson Ombudsman.
17    (d) The Department shall provide the Ombudsperson
18Ombudsman copies of critical incident reports involving a
19youth residing in a facility operated by the Department.
20Critical incidents include, but are not limited to, severe
21injuries that result in hospitalization, suicide attempts that
22require medical intervention, sexual abuse, and escapes.
23    (e) The Department shall provide the Ombudsperson
24Ombudsman with reasonable advance notice of all internal
25administrative and disciplinary hearings regarding a youth
26residing in a facility operated by the Department.

 

 

SB3961- 765 -LRB102 22864 WGH 32015 b

1    (f) The Department of Juvenile Justice may not discharge,
2demote, discipline, or in any manner discriminate or retaliate
3against a youth or an employee who in good faith makes a
4complaint to the Office of the Independent Juvenile
5Ombudsperson Ombudsman or cooperates with the Office.
6(Source: P.A. 98-1032, eff. 8-25-14.)
 
7    (730 ILCS 5/3-2.7-35)
8    Sec. 3-2.7-35. Reports. The Independent Juvenile
9Ombudsperson Ombudsman shall provide to the General Assembly
10and the Governor, no later than January 1 of each year, a
11summary of activities done in furtherance of the purpose of
12the Office for the prior fiscal year. The summaries shall
13contain data both aggregated and disaggregated by individual
14facility and describe:
15        (1) the work of the Ombudsperson Ombudsman;
16        (2) the status of any review or investigation
17    undertaken by the Ombudsperson Ombudsman, but may not
18    contain any confidential or identifying information
19    concerning the subjects of the reports and investigations;
20    and
21        (3) any recommendations that the Independent Juvenile
22    Ombudsperson Ombudsman has relating to a systemic issue in
23    the Department of Juvenile Justice's provision of services
24    and any other matters for consideration by the General
25    Assembly and the Governor.

 

 

SB3961- 766 -LRB102 22864 WGH 32015 b

1(Source: P.A. 98-1032, eff. 8-25-14.)
 
2    (730 ILCS 5/3-2.7-40)
3    Sec. 3-2.7-40. Complaints. The Office of Independent
4Juvenile Ombudsperson Ombudsman shall promptly and efficiently
5act on complaints made by or on behalf of youth filed with the
6Office that relate to the operations or staff of the
7Department of Juvenile Justice. The Office shall maintain
8information about parties to the complaint, the subject matter
9of the complaint, a summary of the results of the review or
10investigation of the complaint, including any resolution of or
11recommendations made as a result of the complaint. The Office
12shall make information available describing its procedures for
13complaint investigation and resolution. When applicable, the
14Office shall notify the complaining youth that an
15investigation and resolution may result in or will require
16disclosure of the complaining youth's identity. The Office
17shall periodically notify the complaint parties of the status
18of the complaint until final disposition.
19(Source: P.A. 98-1032, eff. 8-25-14.)
 
20    (730 ILCS 5/3-2.7-50)
21    Sec. 3-2.7-50. Promotion and awareness of Office. The
22Independent Juvenile Ombudsperson Ombudsman shall promote
23awareness among the public and youth of:
24        (1) the rights of youth committed to the Department;

 

 

SB3961- 767 -LRB102 22864 WGH 32015 b

1        (2) the purpose of the Office;
2        (3) how the Office may be contacted;
3        (4) the confidential nature of communications; and
4        (5) the services the Office provides.
5(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
 
6    (730 ILCS 5/3-2.7-55)
7    Sec. 3-2.7-55. Access to information of governmental
8entities. The Department of Juvenile Justice shall provide the
9Independent Juvenile Ombudsperson Ombudsman unrestricted
10access to all master record files of youth under Section 3-5-1
11of this Code. Access to educational, social, psychological,
12mental health, substance abuse, and medical records shall not
13be disclosed except as provided in Section 5-910 of the
14Juvenile Court Act of 1987, the Mental Health and
15Developmental Disabilities Confidentiality Act, the School
16Code, and any applicable federal laws that govern access to
17those records.
18(Source: P.A. 98-1032, eff. 8-25-14.)
 
19    Section 70. The Emancipation of Minors Act is amended by
20changing Sections 2, 3-2, 4, 7, and 9 as follows:
 
21    (750 ILCS 30/2)  (from Ch. 40, par. 2202)
22    Sec. 2. Purpose and policy. The purpose of this Act is to
23provide a means by which a mature minor who has demonstrated

 

 

SB3961- 768 -LRB102 22864 WGH 32015 b

1the ability and capacity to manage the minor's his own affairs
2and to live wholly or partially independent of the minor's his
3parents or guardian, may obtain the legal status of an
4emancipated person with power to enter into valid legal
5contracts.
6    This Act is not intended to interfere with the integrity
7of the family or the rights of parents and their children. No
8order of complete or partial emancipation may be entered under
9this Act if there is any objection by the minor. An order of
10complete or partial emancipation may be entered under this Act
11if there is an objection by the minor's parents or guardian
12only if the court finds, in a hearing, that emancipation would
13be in the minor's best interests. This Act does not limit or
14exclude any other means either in statute or case law by which
15a minor may become emancipated.
16    (g) Beginning January 1, 2019, and annually thereafter
17through January 1, 2024, the Department of Human Services
18shall submit annual reports to the General Assembly regarding
19homeless minors older than 16 years of age but less than 18
20years of age referred to a youth transitional housing program
21for whom parental consent to enter the program is not
22obtained. The report shall include the following information:
23        (1) the number of homeless minors referred to youth
24    transitional housing programs;
25        (2) the number of homeless minors who were referred
26    but a licensed youth transitional housing program was not

 

 

SB3961- 769 -LRB102 22864 WGH 32015 b

1    able to provide housing and services, and what subsequent
2    steps, if any, were taken to ensure that the homeless
3    minors were referred to an appropriate and available
4    alternative placement;
5        (3) the number of homeless minors who were referred
6    but determined to be ineligible for a youth transitional
7    housing program and the reason why the homeless minors
8    were determined to be ineligible, and what subsequent
9    steps, if any, were taken to ensure that the homeless
10    minors were referred to an appropriate and available
11    alternative placement; and
12        (4) the number of homeless minors who voluntarily left
13    the program and who were dismissed from the program while
14    they were under the age of 18, and what subsequent steps,
15    if any, were taken to ensure that the homeless minors were
16    referred to an appropriate and available alternative
17    placement.
18(Source: P.A. 100-162, eff. 1-1-18; 101-135, eff. 7-26-19.)
 
19    (750 ILCS 30/3-2)  (from Ch. 40, par. 2203-2)
20    Sec. 3-2. Mature minor. "Mature minor" means a person 16
21years of age or over and under the age of 18 years who has
22demonstrated the ability and capacity to manage the minor's
23his own affairs and to live wholly or partially independent of
24the minor's his parents or guardian.
25(Source: P.A. 81-833.)
 

 

 

SB3961- 770 -LRB102 22864 WGH 32015 b

1    (750 ILCS 30/4)  (from Ch. 40, par. 2204)
2    Sec. 4. Jurisdiction. The circuit court in the county
3where the minor resides, is found, owns property, or in which a
4court action affecting the interests of the minor is pending,
5may, upon the filing of a petition on behalf of the minor by
6the minor's his next friend, parent or guardian and after any
7hearing or notice to all persons as set forth in Sections 7, 8,
8and 9 of this Act, enter a finding that the minor is a mature
9minor and order complete or partial emancipation of the minor.
10The court in its order for partial emancipation may
11specifically limit the rights and responsibilities of the
12minor seeking emancipation.
13(Source: P.A. 100-162, eff. 1-1-18.)
 
14    (750 ILCS 30/7)  (from Ch. 40, par. 2207)
15    Sec. 7. Petition. The petition for emancipation shall be
16verified and shall set forth: (1) the age of the minor; (2)
17that the minor is a resident of Illinois at the time of the
18filing of the petition, or owns real estate in Illinois, or has
19an interest or is a party in any case pending in Illinois; (3)
20the cause for which the minor seeks to obtain partial or
21complete emancipation; (4) the names of the minor's parents,
22and the address, if living; (5) the names and addresses of any
23guardians or custodians appointed for the minor; (6) that the
24minor is a mature minor who has demonstrated the ability and

 

 

SB3961- 771 -LRB102 22864 WGH 32015 b

1capacity to manage the minor's his own affairs and (7) that the
2minor has lived wholly or partially independent of the minor's
3his parents or guardian.
4(Source: P.A. 100-162, eff. 1-1-18.)
 
5    (750 ILCS 30/9)  (from Ch. 40, par. 2209)
6    Sec. 9. Hearing on petition.
7    (a) Mature minor. Before proceeding to a hearing on the
8petition for emancipation of a mature minor the court shall
9advise all persons present of the nature of the proceedings,
10and their rights and responsibilities if an order of
11emancipation should be entered.
12    If, after the hearing, the court determines that the minor
13is a mature minor who is of sound mind and has the capacity and
14maturity to manage the minor's his own affairs including the
15minor's his finances, and that the best interests of the minor
16and the minor's his family will be promoted by declaring the
17minor an emancipated minor, the court shall enter a finding
18that the minor is an emancipated minor within the meaning of
19this Act, or that the mature minor is partially emancipated
20with such limitations as the court by order deems appropriate.
21No order of complete or partial emancipation may be entered
22under this Act if there is any objection by the minor. An order
23of complete or partial emancipation may be entered under this
24Act if there is an objection by the minor's parents or guardian
25only if the court finds, in a hearing, that emancipation would

 

 

SB3961- 772 -LRB102 22864 WGH 32015 b

1be in the minor's best interests.
2    (b) (Blank).
3(Source: P.A. 100-162, eff. 1-1-18; 101-135, eff. 7-26-19.)

 
4    Section 995. No acceleration or delay. Where this Act
5makes changes in a statute that is represented in this Act by
6text that is not yet or no longer in effect (for example, a
7Section represented by multiple versions), the use of that
8text does not accelerate or delay the taking effect of (i) the
9changes made by this Act or (ii) provisions derived from any
10other Public Act.
 
11    Section 999. Effective date. This Act takes effect 60 days
12after becoming law.

 

 

SB3961- 773 -LRB102 22864 WGH 32015 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 505/4b
4    20 ILCS 505/5from Ch. 23, par. 5005
5    20 ILCS 505/5c
6    20 ILCS 505/5d
7    20 ILCS 505/7from Ch. 23, par. 5007
8    20 ILCS 505/7.3
9    20 ILCS 505/7.3a
10    20 ILCS 505/7.4
11    20 ILCS 505/7.8
12    20 ILCS 505/8from Ch. 23, par. 5008
13    20 ILCS 505/8afrom Ch. 23, par. 5008a
14    20 ILCS 505/8bfrom Ch. 23, par. 5008b
15    20 ILCS 505/9.3from Ch. 23, par. 5009.3
16    20 ILCS 505/9.5from Ch. 23, par. 5009.5
17    20 ILCS 505/17from Ch. 23, par. 5017
18    20 ILCS 505/21from Ch. 23, par. 5021
19    20 ILCS 505/35.5
20    20 ILCS 505/35.6
21    20 ILCS 505/35.9
22    20 ILCS 510/510-25was 20 ILCS 510/65.5
23    20 ILCS 515/20
24    20 ILCS 520/1-5
25    20 ILCS 520/1-15

 

 

SB3961- 774 -LRB102 22864 WGH 32015 b

1    20 ILCS 520/1-20
2    20 ILCS 521/5
3    20 ILCS 525/5-10
4    20 ILCS 527/15
5    45 ILCS 17/5-35
6    225 ILCS 10/2.24
7    225 ILCS 10/3.3
8    225 ILCS 10/4.1from Ch. 23, par. 2214.1
9    225 ILCS 10/4.2from Ch. 23, par. 2214.2
10    225 ILCS 10/5.1from Ch. 23, par. 2215.1
11    225 ILCS 10/5.3
12    225 ILCS 10/7from Ch. 23, par. 2217
13    225 ILCS 10/7.2from Ch. 23, par. 2217.2
14    225 ILCS 10/7.3
15    225 ILCS 10/7.4
16    225 ILCS 10/7.6
17    225 ILCS 10/7.7
18    225 ILCS 10/9from Ch. 23, par. 2219
19    225 ILCS 10/9.1b
20    225 ILCS 10/12from Ch. 23, par. 2222
21    225 ILCS 10/14.5
22    225 ILCS 10/14.7
23    225 ILCS 10/18from Ch. 23, par. 2228
24    325 ILCS 2/10
25    325 ILCS 2/15
26    325 ILCS 2/30

 

 

SB3961- 775 -LRB102 22864 WGH 32015 b

1    325 ILCS 2/35
2    325 ILCS 5/2.1from Ch. 23, par. 2052.1
3    325 ILCS 5/3from Ch. 23, par. 2053
4    325 ILCS 5/4
5    325 ILCS 5/4.1from Ch. 23, par. 2054.1
6    325 ILCS 5/4.2
7    325 ILCS 5/4.4
8    325 ILCS 5/4.5
9    325 ILCS 5/5from Ch. 23, par. 2055
10    325 ILCS 5/7from Ch. 23, par. 2057
11    325 ILCS 5/7.3bfrom Ch. 23, par. 2057.3b
12    325 ILCS 5/7.3c
13    325 ILCS 5/7.4from Ch. 23, par. 2057.4
14    325 ILCS 5/7.9from Ch. 23, par. 2057.9
15    325 ILCS 5/7.14from Ch. 23, par. 2057.14
16    325 ILCS 5/7.16from Ch. 23, par. 2057.16
17    325 ILCS 5/7.19from Ch. 23, par. 2057.19
18    325 ILCS 5/11.1from Ch. 23, par. 2061.1
19    325 ILCS 5/11.1a
20    325 ILCS 5/11.3from Ch. 23, par. 2061.3
21    325 ILCS 5/11.5from Ch. 23, par. 2061.5
22    325 ILCS 5/11.8
23    325 ILCS 15/4from Ch. 23, par. 2084
24    325 ILCS 15/7from Ch. 23, par. 2087
25    705 ILCS 405/1-2from Ch. 37, par. 801-2
26    705 ILCS 405/1-3from Ch. 37, par. 801-3

 

 

SB3961- 776 -LRB102 22864 WGH 32015 b

1    705 ILCS 405/1-5from Ch. 37, par. 801-5
2    705 ILCS 405/1-7
3    705 ILCS 405/1-8
4    705 ILCS 405/1-9from Ch. 37, par. 801-9
5    705 ILCS 405/2-1from Ch. 37, par. 802-1
6    705 ILCS 405/2-3from Ch. 37, par. 802-3
7    705 ILCS 405/2-4from Ch. 37, par. 802-4
8    705 ILCS 405/2-4b
9    705 ILCS 405/2-5from Ch. 37, par. 802-5
10    705 ILCS 405/2-6from Ch. 37, par. 802-6
11    705 ILCS 405/2-7from Ch. 37, par. 802-7
12    705 ILCS 405/2-8from Ch. 37, par. 802-8
13    705 ILCS 405/2-9from Ch. 37, par. 802-9
14    705 ILCS 405/2-10from Ch. 37, par. 802-10
15    705 ILCS 405/2-10.3
16    705 ILCS 405/2-11from Ch. 37, par. 802-11
17    705 ILCS 405/2-13from Ch. 37, par. 802-13
18    705 ILCS 405/2-13.1
19    705 ILCS 405/2-15from Ch. 37, par. 802-15
20    705 ILCS 405/2-16from Ch. 37, par. 802-16
21    705 ILCS 405/2-17from Ch. 37, par. 802-17
22    705 ILCS 405/2-17.1
23    705 ILCS 405/2-20from Ch. 37, par. 802-20
24    705 ILCS 405/2-22from Ch. 37, par. 802-22
25    705 ILCS 405/2-23from Ch. 37, par. 802-23
26    705 ILCS 405/2-24from Ch. 37, par. 802-24

 

 

SB3961- 777 -LRB102 22864 WGH 32015 b

1    705 ILCS 405/2-25from Ch. 37, par. 802-25
2    705 ILCS 405/2-26from Ch. 37, par. 802-26
3    705 ILCS 405/2-27from Ch. 37, par. 802-27
4    705 ILCS 405/2-27.1
5    705 ILCS 405/2-28from Ch. 37, par. 802-28
6    705 ILCS 405/2-29from Ch. 37, par. 802-29
7    705 ILCS 405/2-31from Ch. 37, par. 802-31
8    705 ILCS 405/2-34
9    705 ILCS 405/3-1from Ch. 37, par. 803-1
10    705 ILCS 405/3-3from Ch. 37, par. 803-3
11    705 ILCS 405/3-4from Ch. 37, par. 803-4
12    705 ILCS 405/3-5from Ch. 37, par. 803-5
13    705 ILCS 405/3-6from Ch. 37, par. 803-6
14    705 ILCS 405/3-7from Ch. 37, par. 803-7
15    705 ILCS 405/3-8from Ch. 37, par. 803-8
16    705 ILCS 405/3-9from Ch. 37, par. 803-9
17    705 ILCS 405/3-10from Ch. 37, par. 803-10
18    705 ILCS 405/3-11from Ch. 37, par. 803-11
19    705 ILCS 405/3-12from Ch. 37, par. 803-12
20    705 ILCS 405/3-14from Ch. 37, par. 803-14
21    705 ILCS 405/3-15from Ch. 37, par. 803-15
22    705 ILCS 405/3-16from Ch. 37, par. 803-16
23    705 ILCS 405/3-17from Ch. 37, par. 803-17
24    705 ILCS 405/3-18from Ch. 37, par. 803-18
25    705 ILCS 405/3-19from Ch. 37, par. 803-19
26    705 ILCS 405/3-21from Ch. 37, par. 803-21

 

 

SB3961- 778 -LRB102 22864 WGH 32015 b

1    705 ILCS 405/3-22from Ch. 37, par. 803-22
2    705 ILCS 405/3-23from Ch. 37, par. 803-23
3    705 ILCS 405/3-24from Ch. 37, par. 803-24
4    705 ILCS 405/3-25from Ch. 37, par. 803-25
5    705 ILCS 405/3-26from Ch. 37, par. 803-26
6    705 ILCS 405/3-27from Ch. 37, par. 803-27
7    705 ILCS 405/3-28from Ch. 37, par. 803-28
8    705 ILCS 405/3-29from Ch. 37, par. 803-29
9    705 ILCS 405/3-30from Ch. 37, par. 803-30
10    705 ILCS 405/3-32from Ch. 37, par. 803-32
11    705 ILCS 405/3-33.5
12    705 ILCS 405/4-1from Ch. 37, par. 804-1
13    705 ILCS 405/4-4from Ch. 37, par. 804-4
14    705 ILCS 405/4-5from Ch. 37, par. 804-5
15    705 ILCS 405/4-6from Ch. 37, par. 804-6
16    705 ILCS 405/4-7from Ch. 37, par. 804-7
17    705 ILCS 405/4-8from Ch. 37, par. 804-8
18    705 ILCS 405/4-9from Ch. 37, par. 804-9
19    705 ILCS 405/4-11from Ch. 37, par. 804-11
20    705 ILCS 405/4-12from Ch. 37, par. 804-12
21    705 ILCS 405/4-13from Ch. 37, par. 804-13
22    705 ILCS 405/4-14from Ch. 37, par. 804-14
23    705 ILCS 405/4-15from Ch. 37, par. 804-15
24    705 ILCS 405/4-16from Ch. 37, par. 804-16
25    705 ILCS 405/4-18from Ch. 37, par. 804-18
26    705 ILCS 405/4-20from Ch. 37, par. 804-20

 

 

SB3961- 779 -LRB102 22864 WGH 32015 b

1    705 ILCS 405/4-21from Ch. 37, par. 804-21
2    705 ILCS 405/4-22from Ch. 37, par. 804-22
3    705 ILCS 405/4-23from Ch. 37, par. 804-23
4    705 ILCS 405/4-24from Ch. 37, par. 804-24
5    705 ILCS 405/4-25from Ch. 37, par. 804-25
6    705 ILCS 405/4-26from Ch. 37, par. 804-26
7    705 ILCS 405/4-27from Ch. 37, par. 804-27
8    705 ILCS 405/4-29from Ch. 37, par. 804-29
9    705 ILCS 405/5-101
10    705 ILCS 405/5-105
11    705 ILCS 405/5-110
12    705 ILCS 405/5-120
13    705 ILCS 405/5-130
14    705 ILCS 405/5-145
15    705 ILCS 405/5-150
16    705 ILCS 405/5-155
17    705 ILCS 405/5-160
18    705 ILCS 405/5-170
19    705 ILCS 405/5-301
20    705 ILCS 405/5-305
21    705 ILCS 405/5-310
22    705 ILCS 405/5-401
23    705 ILCS 405/5-401.5
24    705 ILCS 405/5-401.6
25    705 ILCS 405/5-405
26    705 ILCS 405/5-407

 

 

SB3961- 780 -LRB102 22864 WGH 32015 b

1    705 ILCS 405/5-410
2    705 ILCS 405/5-415
3    705 ILCS 405/5-501
4    705 ILCS 405/5-505
5    705 ILCS 405/5-520
6    705 ILCS 405/5-525
7    705 ILCS 405/5-530
8    705 ILCS 405/5-601
9    705 ILCS 405/5-605
10    705 ILCS 405/5-610
11    705 ILCS 405/5-615
12    705 ILCS 405/5-620
13    705 ILCS 405/5-625
14    705 ILCS 405/5-705
15    705 ILCS 405/5-710
16    705 ILCS 405/5-711
17    705 ILCS 405/5-715
18    705 ILCS 405/5-720
19    705 ILCS 405/5-725
20    705 ILCS 405/5-730
21    705 ILCS 405/5-735
22    705 ILCS 405/5-740
23    705 ILCS 405/5-745
24    705 ILCS 405/5-750
25    705 ILCS 405/5-755
26    705 ILCS 405/5-7A-105

 

 

SB3961- 781 -LRB102 22864 WGH 32015 b

1    705 ILCS 405/5-7A-115
2    705 ILCS 405/5-810
3    705 ILCS 405/5-815
4    705 ILCS 405/5-820
5    705 ILCS 405/5-901
6    705 ILCS 405/5-905
7    705 ILCS 405/5-910
8    705 ILCS 405/5-915
9    705 ILCS 405/5-920
10    705 ILCS 405/6-1from Ch. 37, par. 806-1
11    705 ILCS 405/6-3from Ch. 37, par. 806-3
12    705 ILCS 405/6-4from Ch. 37, par. 806-4
13    705 ILCS 405/6-7from Ch. 37, par. 806-7
14    705 ILCS 405/6-8from Ch. 37, par. 806-8
15    705 ILCS 405/6-9from Ch. 37, par. 806-9
16    705 ILCS 405/6-10from Ch. 37, par. 806-10
17    730 ILCS 5/Ch. III Art.
18    2.7 heading
19    730 ILCS 5/3-2.7-1
20    730 ILCS 5/3-2.7-5
21    730 ILCS 5/3-2.7-10
22    730 ILCS 5/3-2.7-15
23    730 ILCS 5/3-2.7-20
24    730 ILCS 5/3-2.7-25
25    730 ILCS 5/3-2.7-30
26    730 ILCS 5/3-2.7-35

 

 

SB3961- 782 -LRB102 22864 WGH 32015 b

1    730 ILCS 5/3-2.7-40
2    730 ILCS 5/3-2.7-50
3    730 ILCS 5/3-2.7-55
4    750 ILCS 30/2from Ch. 40, par. 2202
5    750 ILCS 30/3-2from Ch. 40, par. 2203-2
6    750 ILCS 30/4from Ch. 40, par. 2204
7    750 ILCS 30/7from Ch. 40, par. 2207
8    750 ILCS 30/9from Ch. 40, par. 2209