103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1639

 

Introduced 2/8/2023, by Sen. Tom Bennett

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/2-13  from Ch. 37, par. 802-13
705 ILCS 405/2-23  from Ch. 37, par. 802-23
705 ILCS 405/2-28  from Ch. 37, par. 802-28

    Amends the Juvenile Court Act of 1987. Provides a statutory form for a petition for adjudication of wardship. Deletes language prohibiting the court from ordering specific placements, specific services, or the use of specific service providers.


LRB103 27201 RLC 53571 b

 

 

A BILL FOR

 

SB1639LRB103 27201 RLC 53571 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 2-13, 2-23, and 2-28 as follows:
 
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

 

 

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1names and residences of his parents; (d) the name and
2residence of his legal guardian or the person or persons
3having custody or control of the minor, or of the nearest known
4relative if no parent or guardian can be found; and (e) if the
5minor upon whose behalf the petition is brought is sheltered
6in custody, the date on which such temporary custody was
7ordered by the court or the date set for a temporary custody
8hearing. If any of the facts herein required are not known by
9the petitioner, the petition shall so state.
10    (3) The petition must allege that it is in the best
11interests of the minor and of the public that he be adjudged a
12ward of the court and may pray generally for relief available
13under this Act. The petition need not specify any proposed
14disposition following adjudication of wardship. The petition
15may request that the minor remain in the custody of the parent,
16guardian, or custodian under an Order of Protection. The
17petition shall be substantially in the following form:
18
PETITION FOR ADJUDICATION OF WARDSHIP
19    Now comes ............., petitioner, and petitions this
20court to adjudicate ................................ a ward of
21the court. In support, the petitioner, on oath or affirmation,
22based on information or belief states as follows:
23    (1) ............. is a (male/female) minor born on
24    ................., ........., who resides or may be found
25    in this County at .......................................
26    (2) The names and residence addresses of the minor's

 

 

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1    parents, legal guardian, and/or custodian are:
2Name andPlace ofCity/
3RelationshipResidenceState/Zip
4    .............................................................
5    .............................................................
6    .............................................................
7The minor and the persons named in (1) and (2) are designated
8respondents.
 
9(3) The minor was
10    ( ) not taken into protective custody.
11    ( ) taken into protective custody on ..............,
12    ........ at ...........(a.m./p.m.).
 
13( ) (4) A temporary custody hearing has been set for
14.............., ........ at ...........(a.m./p.m.).
 
15( ) (5) The minor was neglected pursuant to the following
16Section or Sections of the Juvenile Court Act of 1987:
17    ( ) 2-3(1)(a), (lack of care), the facts supporting this
18    are:
19    .............................................................
20    .............................................................
21    ( ) 2-3(1)(b), (injurious environment), the facts
22    supporting this are:
23    .............................................................

 

 

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1    .............................................................
2    ( ) 2-3(1)(c), (drug-exposed infant), the facts supporting
3    this are:
4    .............................................................
5    .............................................................
 
6( ) (6) The minor was abused pursuant to the following Section
7or Sections of the Juvenile Court Act of 1987:
8    ( ) 2-3(2)(i), (physical abuse), the facts supporting this
9    are:
10    .............................................................
11    .............................................................
12    ( ) 2-3(2)(ii), (substantial risk/physical injury), the
13    facts supporting this are:
14    .............................................................
15    .............................................................
16    ( ) 2-3(2)(iii), (sexual abuse), the facts supporting this
17    are:
18    .............................................................
19    .............................................................
20    ( ) 2-3(2)(iv), (torture), the facts supporting this are:
21    .............................................................
22    .............................................................
23    ( ) 2-3(2)(v), (excessive corporal punishment), the facts
24    supporting this are:
25    .............................................................

 

 

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1    .............................................................
 
2( ) (7) The minor is dependent pursuant to Section 2-4 of the
3Juvenile Court Act of 1987, the facts supporting this are:
4.............................................................
5.............................................................
 
6(8) It is in the best interests of the minor and the public
7that the minor be adjudged a ward of the court.
 
8    WHEREFORE, the petitioner asks that the minor be adjudged
9a ward of the court and that the court enter such orders as are
10in the best interests of the minor and grant other relief under
11the Juvenile Court Act of 1987.
 
12
......................
13
Petitioner (Signature)
14    (4) If termination of parental rights and appointment of a
15guardian of the person with power to consent to adoption of the
16minor under Section 2-29 is sought, the petition shall so
17state. If the petition includes this request, the prayer for
18relief shall clearly and obviously state that the parents
19could permanently lose their rights as a parent at this
20hearing.
21    In addition to the foregoing, the petitioner, by motion,
22may request the termination of parental rights and appointment

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
2    Sec. 2-23. Kinds of dispositional orders.
3    (1) The following kinds of orders of disposition may be
4made in respect of wards of the court:
5        (a) A minor found to be neglected or abused under
6    Section 2-3 or dependent under Section 2-4 may be (1)
7    continued in the custody of his or her parents, guardian
8    or legal custodian; (2) placed in accordance with Section
9    2-27; (3) restored to the custody of the parent, parents,
10    guardian, or legal custodian, provided the court shall
11    order the parent, parents, guardian, or legal custodian to
12    cooperate with the Department of Children and Family
13    Services and comply with the terms of an after-care plan
14    or risk the loss of custody of the child and the possible
15    termination of their parental rights; or (4) ordered
16    partially or completely emancipated in accordance with the
17    provisions of the Emancipation of Minors Act.
18        If the minor is being restored to the custody of a
19    parent, legal custodian, or guardian who lives outside of
20    Illinois, and an Interstate Compact has been requested and
21    refused, the court may order the Department of Children
22    and Family Services to arrange for an assessment of the
23    minor's proposed living arrangement and for ongoing
24    monitoring of the health, safety, and best interest of the
25    minor and compliance with any order of protective
26    supervision entered in accordance with Section 2-24.

 

 

SB1639- 11 -LRB103 27201 RLC 53571 b

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

 

 

SB1639- 12 -LRB103 27201 RLC 53571 b

1    minor's health or safety, and the court enters an order
2    that such parent, guardian or legal custodian is fit to
3    care for the minor.
4        (b-1) A minor between the ages of 18 and 21 may be
5    placed pursuant to Section 2-27 of this Act if (1) the
6    court has granted a supplemental petition to reinstate
7    wardship of the minor pursuant to subsection (2) of
8    Section 2-33, (2) the court has adjudicated the minor a
9    ward of the court, permitted the minor to return home
10    under an order of protection, and subsequently made a
11    finding that it is in the minor's best interest to vacate
12    the order of protection and commit the minor to the
13    Department of Children and Family Services for care and
14    service, or (3) the court returned the minor to the
15    custody of the respondent under Section 2-4b of this Act
16    without terminating the proceedings under Section 2-31 of
17    this Act, and subsequently made a finding that it is in the
18    minor's best interest to commit the minor to the
19    Department of Children and Family Services for care and
20    services.
21        (c) When the court awards guardianship to the
22    Department of Children and Family Services, the court
23    shall order the parents to cooperate with the Department
24    of Children and Family Services, comply with the terms of
25    the service plans, and correct the conditions that require
26    the child to be in care, or risk termination of their

 

 

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1    parental rights.
2    (2) Any order of disposition may provide for protective
3supervision under Section 2-24 and may include an order of
4protection under Section 2-25.
5    Unless the order of disposition expressly so provides, it
6does not operate to close proceedings on the pending petition,
7but is subject to modification, not inconsistent with Section
82-28, until final closing and discharge of the proceedings
9under Section 2-31.
10    (3) The court also shall enter any other orders necessary
11to fulfill the service plan, including, but not limited to,
12(i) orders requiring parties to cooperate with services, (ii)
13restraining orders controlling the conduct of any party likely
14to frustrate the achievement of the goal, and (iii) visiting
15orders. When the child is placed separately from a sibling,
16the court shall review the Sibling Contact Support Plan
17developed under subsection (f) of Section 7.4 of the Children
18and Family Services Act, if applicable. If the Department has
19not convened a meeting to develop a Sibling Contact Support
20Plan, or if the court finds that the existing Plan is not in
21the child's best interest, the court may enter an order
22requiring the Department to develop and implement a Sibling
23Contact Support Plan under subsection (f) of Section 7.4 of
24the Children and Family Services Act or order mediation.
25Unless otherwise specifically authorized by law, the court is
26not empowered under this subsection (3) to order specific

 

 

SB1639- 14 -LRB103 27201 RLC 53571 b

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

 

 

SB1639- 15 -LRB103 27201 RLC 53571 b

1recommendation by the minor's treating clinician or a
2clinician contracted by the Department to evaluate the minor
3or a recommendation made by the Department. If the Department
4places a minor in a placement under an order entered under this
5subsection (3.5), the Department has the authority to remove
6the minor from that placement when a change in circumstances
7necessitates the removal to protect the minor's health,
8safety, and best interest. If the Department determines
9removal is necessary, the Department shall notify the parties
10of the planned placement change in writing no later than 10
11days prior to the implementation of its determination unless
12remaining in the placement poses an imminent risk of harm to
13the minor, in which case the Department shall notify the
14parties of the placement change in writing immediately
15following the implementation of its decision. The Department
16shall notify others of the decision to change the minor's
17placement as required by Department rule.
18    (4) In addition to any other order of disposition, the
19court may order any minor adjudicated neglected with respect
20to his or her own injurious behavior to make restitution, in
21monetary or non-monetary form, under the terms and conditions
22of Section 5-5-6 of the Unified Code of Corrections, except
23that the "presentence hearing" referred to therein shall be
24the dispositional hearing for purposes of this Section. The
25parent, guardian or legal custodian of the minor may pay some
26or all of such restitution on the minor's behalf.

 

 

SB1639- 16 -LRB103 27201 RLC 53571 b

1    (5) Any order for disposition where the minor is committed
2or placed in accordance with Section 2-27 shall provide for
3the parents or guardian of the estate of such minor to pay to
4the legal custodian or guardian of the person of the minor such
5sums as are determined by the custodian or guardian of the
6person of the minor as necessary for the minor's needs. Such
7payments may not exceed the maximum amounts provided for by
8Section 9.1 of the Children and Family Services Act.
9    (6) Whenever the order of disposition requires the minor
10to attend school or participate in a program of training, the
11truant officer or designated school official shall regularly
12report to the court if the minor is a chronic or habitual
13truant under Section 26-2a of the School Code.
14    (7) The court may terminate the parental rights of a
15parent at the initial dispositional hearing if all of the
16conditions in subsection (5) of Section 2-21 are met.
17(Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.)
 
18    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
19    Sec. 2-28. Court review.
20    (1) The court may require any legal custodian or guardian
21of the person appointed under this Act to report periodically
22to the court or may cite him into court and require him or his
23agency, to make a full and accurate report of his or its doings
24in behalf of the minor. The custodian or guardian, within 10
25days after such citation, or earlier if the court determines

 

 

SB1639- 17 -LRB103 27201 RLC 53571 b

1it to be necessary to protect the health, safety, or welfare of
2the minor, shall make the report, either in writing verified
3by affidavit or orally under oath in open court, or otherwise
4as the court directs. Upon the hearing of the report the court
5may remove the custodian or guardian and appoint another in
6his stead or restore the minor to the custody of his parents or
7former guardian or custodian. However, custody of the minor
8shall not be restored to any parent, guardian, or legal
9custodian in any case in which the minor is found to be
10neglected or abused under Section 2-3 or dependent under
11Section 2-4 of this Act, unless the minor can be cared for at
12home without endangering the minor's health or safety and it
13is in the best interests of the minor, and if such neglect,
14abuse, or dependency is found by the court under paragraph (1)
15of Section 2-21 of this Act to have come about due to the acts
16or omissions or both of such parent, guardian, or legal
17custodian, until such time as an investigation is made as
18provided in paragraph (5) and a hearing is held on the issue of
19the fitness of such parent, guardian, or legal custodian to
20care for the minor and the court enters an order that such
21parent, guardian, or legal custodian is fit to care for the
22minor.
23    (1.5) The public agency that is the custodian or guardian
24of the minor shall file a written report with the court no
25later than 15 days after a minor in the agency's care remains:
26        (1) in a shelter placement beyond 30 days;

 

 

SB1639- 18 -LRB103 27201 RLC 53571 b

1        (2) in a psychiatric hospital past the time when the
2    minor is clinically ready for discharge or beyond medical
3    necessity for the minor's health; or
4        (3) in a detention center or Department of Juvenile
5    Justice facility solely because the public agency cannot
6    find an appropriate placement for the minor.
7    The report shall explain the steps the agency is taking to
8ensure the minor is placed appropriately, how the minor's
9needs are being met in the minor's shelter placement, and if a
10future placement has been identified by the Department, why
11the anticipated placement is appropriate for the needs of the
12minor and the anticipated placement date.
13    (1.6) Within 35 days after placing a child in its care in a
14qualified residential treatment program, as defined by the
15federal Social Security Act, the Department of Children and
16Family Services shall file a written report with the court and
17send copies of the report to all parties. Within 20 days of the
18filing of the report, the court shall hold a hearing to
19consider the Department's report and determine whether
20placement of the child in a qualified residential treatment
21program provides the most effective and appropriate level of
22care for the child in the least restrictive environment and if
23the placement is consistent with the short-term and long-term
24goals for the child, as specified in the permanency plan for
25the child. The court shall approve or disapprove the
26placement. If applicable, the requirements of Sections 2-27.1

 

 

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1and 2-27.2 must also be met. The Department's written report
2and the court's written determination shall be included in and
3made part of the case plan for the child. If the child remains
4placed in a qualified residential treatment program, the
5Department shall submit evidence at each status and permanency
6hearing:
7        (1) demonstrating that on-going assessment of the
8    strengths and needs of the child continues to support the
9    determination that the child's needs cannot be met through
10    placement in a foster family home, that the placement
11    provides the most effective and appropriate level of care
12    for the child in the least restrictive, appropriate
13    environment, and that the placement is consistent with the
14    short-term and long-term permanency goal for the child, as
15    specified in the permanency plan for the child;
16        (2) documenting the specific treatment or service
17    needs that should be met for the child in the placement and
18    the length of time the child is expected to need the
19    treatment or services; and
20        (3) the efforts made by the agency to prepare the
21    child to return home or to be placed with a fit and willing
22    relative, a legal guardian, or an adoptive parent, or in a
23    foster family home.
24    (2) The first permanency hearing shall be conducted by the
25judge. Subsequent permanency hearings may be heard by a judge
26or by hearing officers appointed or approved by the court in

 

 

SB1639- 20 -LRB103 27201 RLC 53571 b

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

 

 

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1written report means the one required under the next paragraph
2and does not mean the service plan also referred to in that
3paragraph).
4    The public agency that is the custodian or guardian of the
5minor, or another agency responsible for the minor's care,
6shall ensure that all parties to the permanency hearings are
7provided a copy of the most recent service plan prepared
8within the prior 6 months at least 14 days in advance of the
9hearing. If not contained in the agency's service plan, the
10agency shall also include a report setting forth (i) any
11special physical, psychological, educational, medical,
12emotional, or other needs of the minor or his or her family
13that are relevant to a permanency or placement determination
14and (ii) for any minor age 16 or over, a written description of
15the programs and services that will enable the minor to
16prepare for independent living. If not contained in the
17agency's service plan, the agency's report shall specify if a
18minor is placed in a licensed child care facility under a
19corrective plan by the Department due to concerns impacting
20the minor's safety and well-being. The report shall explain
21the steps the Department is taking to ensure the safety and
22well-being of the minor and that the minor's needs are met in
23the facility. The agency's written report must detail what
24progress or lack of progress the parent has made in correcting
25the conditions requiring the child to be in care; whether the
26child can be returned home without jeopardizing the child's

 

 

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1health, safety, and welfare, and if not, what permanency goal
2is recommended to be in the best interests of the child, and
3why the other permanency goals are not appropriate. The
4caseworker must appear and testify at the permanency hearing.
5If a permanency hearing has not previously been scheduled by
6the court, the moving party shall move for the setting of a
7permanency hearing and the entry of an order within the time
8frames set forth in this subsection.
9    At the permanency hearing, the court shall determine the
10future status of the child. The court shall set one of the
11following permanency goals:
12        (A) The minor will be returned home by a specific date
13    within 5 months.
14        (B) The minor will be in short-term care with a
15    continued goal to return home within a period not to
16    exceed one year, where the progress of the parent or
17    parents is substantial giving particular consideration to
18    the age and individual needs of the minor.
19        (B-1) The minor will be in short-term care with a
20    continued goal to return home pending a status hearing.
21    When the court finds that a parent has not made reasonable
22    efforts or reasonable progress to date, the court shall
23    identify what actions the parent and the Department must
24    take in order to justify a finding of reasonable efforts
25    or reasonable progress and shall set a status hearing to
26    be held not earlier than 9 months from the date of

 

 

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1    adjudication nor later than 11 months from the date of
2    adjudication during which the parent's progress will again
3    be reviewed.
4        (C) The minor will be in substitute care pending court
5    determination on termination of parental rights.
6        (D) Adoption, provided that parental rights have been
7    terminated or relinquished.
8        (E) The guardianship of the minor will be transferred
9    to an individual or couple on a permanent basis provided
10    that goals (A) through (D) have been deemed inappropriate
11    and not in the child's best interests. The court shall
12    confirm that the Department has discussed adoption, if
13    appropriate, and guardianship with the caregiver prior to
14    changing a goal to guardianship.
15        (F) The minor over age 15 will be in substitute care
16    pending independence. In selecting this permanency goal,
17    the Department of Children and Family Services may provide
18    services to enable reunification and to strengthen the
19    minor's connections with family, fictive kin, and other
20    responsible adults, provided the services are in the
21    minor's best interest. The services shall be documented in
22    the service plan.
23        (G) The minor will be in substitute care because he or
24    she cannot be provided for in a home environment due to
25    developmental disabilities or mental illness or because he
26    or she is a danger to self or others, provided that goals

 

 

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1    (A) through (D) have been deemed inappropriate and not in
2    the child's best interests.
3    In selecting any permanency goal, the court shall indicate
4in writing the reasons the goal was selected and why the
5preceding goals were deemed inappropriate and not in the
6child's best interest. Where the court has selected a
7permanency goal other than (A), (B), or (B-1), the Department
8of Children and Family Services shall not provide further
9reunification services, except as provided in paragraph (F) of
10this subsection (2), but shall provide services consistent
11with the goal selected.
12        (H) Notwithstanding any other provision in this
13    Section, the court may select the goal of continuing
14    foster care as a permanency goal if:
15            (1) The Department of Children and Family Services
16        has custody and guardianship of the minor;
17            (2) The court has deemed all other permanency
18        goals inappropriate based on the child's best
19        interest;
20            (3) The court has found compelling reasons, based
21        on written documentation reviewed by the court, to
22        place the minor in continuing foster care. Compelling
23        reasons include:
24                (a) the child does not wish to be adopted or to
25            be placed in the guardianship of his or her
26            relative or foster care placement;

 

 

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1                (b) the child exhibits an extreme level of
2            need such that the removal of the child from his or
3            her placement would be detrimental to the child;
4            or
5                (c) the child who is the subject of the
6            permanency hearing has existing close and strong
7            bonds with a sibling, and achievement of another
8            permanency goal would substantially interfere with
9            the subject child's sibling relationship, taking
10            into consideration the nature and extent of the
11            relationship, and whether ongoing contact is in
12            the subject child's best interest, including
13            long-term emotional interest, as compared with the
14            legal and emotional benefit of permanence;
15            (4) The child has lived with the relative or
16        foster parent for at least one year; and
17            (5) The relative or foster parent currently caring
18        for the child is willing and capable of providing the
19        child with a stable and permanent environment.
20    The court shall set a permanency goal that is in the best
21interest of the child. In determining that goal, the court
22shall consult with the minor in an age-appropriate manner
23regarding the proposed permanency or transition plan for the
24minor. The court's determination shall include the following
25factors:
26        (1) Age of the child.

 

 

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1        (2) Options available for permanence, including both
2    out-of-state and in-state placement options.
3        (3) Current placement of the child and the intent of
4    the family regarding adoption.
5        (4) Emotional, physical, and mental status or
6    condition of the child.
7        (5) Types of services previously offered and whether
8    or not the services were successful and, if not
9    successful, the reasons the services failed.
10        (6) Availability of services currently needed and
11    whether the services exist.
12        (7) Status of siblings of the minor.
13    The court shall consider (i) the permanency goal contained
14in the service plan, (ii) the appropriateness of the services
15contained in the plan and whether those services have been
16provided, (iii) whether reasonable efforts have been made by
17all the parties to the service plan to achieve the goal, and
18(iv) whether the plan and goal have been achieved. All
19evidence relevant to determining these questions, including
20oral and written reports, may be admitted and may be relied on
21to the extent of their probative value.
22    The court shall make findings as to whether, in violation
23of Section 8.2 of the Abused and Neglected Child Reporting
24Act, any portion of the service plan compels a child or parent
25to engage in any activity or refrain from any activity that is
26not reasonably related to remedying a condition or conditions

 

 

SB1639- 27 -LRB103 27201 RLC 53571 b

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

 

 

SB1639- 28 -LRB103 27201 RLC 53571 b

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

 

 

SB1639- 29 -LRB103 27201 RLC 53571 b

1by mandamus filed in any proceedings brought under this Act.
2    (2.5) If, after reviewing the evidence, including evidence
3from the Department, the court determines that the minor's
4current or planned placement is not necessary or appropriate
5to facilitate achievement of the permanency goal, the court
6shall put in writing the factual basis supporting its
7determination and enter specific findings based on the
8evidence. If the court finds that the minor's current or
9planned placement is not necessary or appropriate, the court
10may enter an order directing the Department to implement a
11recommendation by the minor's treating clinician or a
12clinician contracted by the Department to evaluate the minor
13or a recommendation made by the Department. If the Department
14places a minor in a placement under an order entered under this
15subsection (2.5), the Department has the authority to remove
16the minor from that placement when a change in circumstances
17necessitates the removal to protect the minor's health,
18safety, and best interest. If the Department determines
19removal is necessary, the Department shall notify the parties
20of the planned placement change in writing no later than 10
21days prior to the implementation of its determination unless
22remaining in the placement poses an imminent risk of harm to
23the minor, in which case the Department shall notify the
24parties of the placement change in writing immediately
25following the implementation of its decision. The Department
26shall notify others of the decision to change the minor's

 

 

SB1639- 30 -LRB103 27201 RLC 53571 b

1placement as required by Department rule.
2    (3) Following the permanency hearing, the court shall
3enter a written order that includes the determinations
4required under subsection (2) of this Section and sets forth
5the following:
6        (a) The future status of the minor, including the
7    permanency goal, and any order necessary to conform the
8    minor's legal custody and status to such determination; or
9        (b) If the permanency goal of the minor cannot be
10    achieved immediately, the specific reasons for continuing
11    the minor in the care of the Department of Children and
12    Family Services or other agency for short-term short term
13    placement, and the following determinations:
14            (i) (Blank).
15            (ii) Whether the services required by the court
16        and by any service plan prepared within the prior 6
17        months have been provided and (A) if so, whether the
18        services were reasonably calculated to facilitate the
19        achievement of the permanency goal or (B) if not
20        provided, why the services were not provided.
21            (iii) Whether the minor's current or planned
22        placement is necessary, and appropriate to the plan
23        and goal, recognizing the right of minors to the least
24        restrictive (most family-like) setting available and
25        in close proximity to the parents' home consistent
26        with the health, safety, best interest, and special

 

 

SB1639- 31 -LRB103 27201 RLC 53571 b

1        needs of the minor and, if the minor is placed
2        out-of-state, whether the out-of-state placement
3        continues to be appropriate and consistent with the
4        health, safety, and best interest of the minor.
5            (iv) (Blank).
6            (v) (Blank).
7    (4) The minor or any person interested in the minor may
8apply to the court for a change in custody of the minor and the
9appointment of a new custodian or guardian of the person or for
10the restoration of the minor to the custody of his parents or
11former guardian or custodian.
12    When return home is not selected as the permanency goal:
13        (a) The Department, the minor, or the current foster
14    parent or relative caregiver seeking private guardianship
15    may file a motion for private guardianship of the minor.
16    Appointment of a guardian under this Section requires
17    approval of the court.
18        (b) The State's Attorney may file a motion to
19    terminate parental rights of any parent who has failed to
20    make reasonable efforts to correct the conditions which
21    led to the removal of the child or reasonable progress
22    toward the return of the child, as defined in subdivision
23    (D)(m) of Section 1 of the Adoption Act or for whom any
24    other unfitness ground for terminating parental rights as
25    defined in subdivision (D) of Section 1 of the Adoption
26    Act exists.

 

 

SB1639- 32 -LRB103 27201 RLC 53571 b

1        When parental rights have been terminated for a
2    minimum of 3 years and the child who is the subject of the
3    permanency hearing is 13 years old or older and is not
4    currently placed in a placement likely to achieve
5    permanency, the Department of Children and Family Services
6    shall make reasonable efforts to locate parents whose
7    rights have been terminated, except when the Court
8    determines that those efforts would be futile or
9    inconsistent with the subject child's best interests. The
10    Department of Children and Family Services shall assess
11    the appropriateness of the parent whose rights have been
12    terminated, and shall, as appropriate, foster and support
13    connections between the parent whose rights have been
14    terminated and the youth. The Department of Children and
15    Family Services shall document its determinations and
16    efforts to foster connections in the child's case plan.
17    Custody of the minor shall not be restored to any parent,
18guardian, or legal custodian in any case in which the minor is
19found to be neglected or abused under Section 2-3 or dependent
20under Section 2-4 of this Act, unless the minor can be cared
21for at home without endangering his or her health or safety and
22it is in the best interest of the minor, and if such neglect,
23abuse, or dependency is found by the court under paragraph (1)
24of Section 2-21 of this Act to have come about due to the acts
25or omissions or both of such parent, guardian, or legal
26custodian, until such time as an investigation is made as

 

 

SB1639- 33 -LRB103 27201 RLC 53571 b

1provided in paragraph (5) and a hearing is held on the issue of
2the health, safety, and best interest of the minor and the
3fitness of such parent, guardian, or legal custodian to care
4for the minor and the court enters an order that such parent,
5guardian, or legal custodian is fit to care for the minor. If a
6motion is filed to modify or vacate a private guardianship
7order and return the child to a parent, guardian, or legal
8custodian, the court may order the Department of Children and
9Family Services to assess the minor's current and proposed
10living arrangements and to provide ongoing monitoring of the
11health, safety, and best interest of the minor during the
12pendency of the motion to assist the court in making that
13determination. In the event that the minor has attained 18
14years of age and the guardian or custodian petitions the court
15for an order terminating his guardianship or custody,
16guardianship or custody shall terminate automatically 30 days
17after the receipt of the petition unless the court orders
18otherwise. No legal custodian or guardian of the person may be
19removed without his consent until given notice and an
20opportunity to be heard by the court.
21    When the court orders a child restored to the custody of
22the parent or parents, the court shall order the parent or
23parents to cooperate with the Department of Children and
24Family Services and comply with the terms of an after-care
25plan, or risk the loss of custody of the child and possible
26termination of their parental rights. The court may also enter

 

 

SB1639- 34 -LRB103 27201 RLC 53571 b

1an order of protective supervision in accordance with Section
22-24.
3    If the minor is being restored to the custody of a parent,
4legal custodian, or guardian who lives outside of Illinois,
5and an Interstate Compact has been requested and refused, the
6court may order the Department of Children and Family Services
7to arrange for an assessment of the minor's proposed living
8arrangement and for ongoing monitoring of the health, safety,
9and best interest of the minor and compliance with any order of
10protective supervision entered in accordance with Section
112-24.
12    (5) Whenever a parent, guardian, or legal custodian files
13a motion for restoration of custody of the minor, and the minor
14was adjudicated neglected, abused, or dependent as a result of
15physical abuse, the court shall cause to be made an
16investigation as to whether the movant has ever been charged
17with or convicted of any criminal offense which would indicate
18the likelihood of any further physical abuse to the minor.
19Evidence of such criminal convictions shall be taken into
20account in determining whether the minor can be cared for at
21home without endangering his or her health or safety and
22fitness of the parent, guardian, or legal custodian.
23        (a) Any agency of this State or any subdivision
24    thereof shall cooperate with the agent of the court in
25    providing any information sought in the investigation.
26        (b) The information derived from the investigation and

 

 

SB1639- 35 -LRB103 27201 RLC 53571 b

1    any conclusions or recommendations derived from the
2    information shall be provided to the parent, guardian, or
3    legal custodian seeking restoration of custody prior to
4    the hearing on fitness and the movant shall have an
5    opportunity at the hearing to refute the information or
6    contest its significance.
7        (c) All information obtained from any investigation
8    shall be confidential as provided in Section 5-150 of this
9    Act.
10(Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21;
11102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised
128-23-22.)