Rep. Michael J. Zalewski

Filed: 4/11/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3005

2    AMENDMENT NO. ______. Amend House Bill 3005, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Juvenile Court Act of 1987 is amended by
6changing Sections 1-3 and 6-9 as follows:
 
7    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
8    Sec. 1-3. Definitions. Terms used in this Act, unless the
9context otherwise requires, have the following meanings
10ascribed to them:
11    (1) "Adjudicatory hearing" means a hearing to determine
12whether the allegations of a petition under Section 2-13, 3-15
13or 4-12 that a minor under 18 years of age is abused, neglected
14or dependent, or requires authoritative intervention, or
15addicted, respectively, are supported by a preponderance of the
16evidence or whether the allegations of a petition under Section

 

 

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15-520 that a minor is delinquent are proved beyond a reasonable
2doubt.
3    (2) "Adult" means a person 21 years of age or older.
4    (3) "Agency" means a public or private child care facility
5legally authorized or licensed by this State for placement or
6institutional care or for both placement and institutional
7care.
8    (4) "Association" means any organization, public or
9private, engaged in welfare functions which include services to
10or on behalf of children but does not include "agency" as
11herein defined.
12    (4.05) Whenever a "best interest" determination is
13required, the following factors shall be considered in the
14context of the child's age and developmental needs:
15        (a) the physical safety and welfare of the child,
16    including food, shelter, health, and clothing;
17        (b) the development of the child's identity;
18        (c) the child's background and ties, including
19    familial, cultural, and religious;
20        (d) the child's sense of attachments, including:
21            (i) where the child actually feels love,
22        attachment, and a sense of being valued (as opposed to
23        where adults believe the child should feel such love,
24        attachment, and a sense of being valued);
25            (ii) the child's sense of security;
26            (iii) the child's sense of familiarity;

 

 

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1            (iv) continuity of affection for the child;
2            (v) the least disruptive placement alternative for
3        the child;
4        (e) the child's wishes and long-term goals;
5        (f) the child's community ties, including church,
6    school, and friends;
7        (g) the child's need for permanence which includes the
8    child's need for stability and continuity of relationships
9    with parent figures and with siblings and other relatives;
10        (h) the uniqueness of every family and child;
11        (i) the risks attendant to entering and being in
12    substitute care; and
13        (j) the preferences of the persons available to care
14    for the child.
15    (4.1) "Chronic truant" shall have the definition ascribed
16to it in Section 26-2a of the School Code.
17    (5) "Court" means the circuit court in a session or
18division assigned to hear proceedings under this Act.
19    (6) "Dispositional hearing" means a hearing to determine
20whether a minor should be adjudged to be a ward of the court,
21and to determine what order of disposition should be made in
22respect to a minor adjudged to be a ward of the court.
23    (7) "Emancipated minor" means any minor 16 years of age or
24over who has been completely or partially emancipated under the
25Emancipation of Minors Act or under this Act.
26    (8) "Guardianship of the person" of a minor means the duty

 

 

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1and authority to act in the best interests of the minor,
2subject to residual parental rights and responsibilities, to
3make important decisions in matters having a permanent effect
4on the life and development of the minor and to be concerned
5with his or her general welfare. It includes but is not
6necessarily limited to:
7        (a) the authority to consent to marriage, to enlistment
8    in the armed forces of the United States, or to a major
9    medical, psychiatric, and surgical treatment; to represent
10    the minor in legal actions; and to make other decisions of
11    substantial legal significance concerning the minor;
12        (b) the authority and duty of reasonable visitation,
13    except to the extent that these have been limited in the
14    best interests of the minor by court order;
15        (c) the rights and responsibilities of legal custody
16    except where legal custody has been vested in another
17    person or agency; and
18        (d) the power to consent to the adoption of the minor,
19    but only if expressly conferred on the guardian in
20    accordance with Section 2-29, 3-30, or 4-27.
21    (9) "Legal custody" means the relationship created by an
22order of court in the best interests of the minor which imposes
23on the custodian the responsibility of physical possession of a
24minor and the duty to protect, train and discipline him and to
25provide him with food, shelter, education and ordinary medical
26care, except as these are limited by residual parental rights

 

 

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1and responsibilities and the rights and responsibilities of the
2guardian of the person, if any.
3    (9.1) "Mentally capable adult relative" means a person 21
4years of age or older who is not suffering from a mental
5illness that prevents him or her from providing the care
6necessary to safeguard the physical safety and welfare of a
7minor who is left in that person's care by the parent or
8parents or other person responsible for the minor's welfare.
9    (10) "Minor" means a person under the age of 21 years
10subject to this Act.
11    (11) "Parent" means the father or mother of a child and
12includes any adoptive parent. It also includes a man (i) whose
13paternity is presumed or has been established under the law of
14this or another jurisdiction or (ii) who has registered with
15the Putative Father Registry in accordance with Section 12.1 of
16the Adoption Act and whose paternity has not been ruled out
17under the law of this or another jurisdiction. It does not
18include a parent whose rights in respect to the minor have been
19terminated in any manner provided by law or a person who has
20been or could be determined to be a parent under the Illinois
21Parentage Act of 1984, or similar parentage law in any other
22state, who has:
23        (a) been convicted or pled nolo contendere to any crime
24    that resulted in the conception of the child, including,
25    but not limited to, Sections 11-11, 12-13, 12-14, 12-14.1,
26    and 12-16 and subsections (a) and (b) (but not subsection

 

 

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1    (c)) of Section 12-15 of the Criminal Code of 1961 or a
2    similar statute in another jurisdiction; or
3        (b) is currently charged with any of the offenses
4    listed in subsection (a) of this item (11) or similar
5    offenses in Illinois or another jurisdiction and the court
6    finds, by clear and convincing evidence, that the acts
7    occurred and those acts resulted in the conception of the
8    child.
9    (11.1) "Permanency goal" means a goal set by the court as
10defined in subdivision (2) of Section 2-28.
11    (11.2) "Permanency hearing" means a hearing to set the
12permanency goal and to review and determine (i) the
13appropriateness of the services contained in the plan and
14whether those services have been provided, (ii) whether
15reasonable efforts have been made by all the parties to the
16service plan to achieve the goal, and (iii) whether the plan
17and goal have been achieved.
18    (12) "Petition" means the petition provided for in Section
192-13, 3-15, 4-12 or 5-520, including any supplemental petitions
20thereunder in Section 3-15, 4-12 or 5-520.
21    (12.1) "Physically capable adult relative" means a person
2221 years of age or older who does not have a severe physical
23disability or medical condition, or is not suffering from
24alcoholism or drug addiction, that prevents him or her from
25providing the care necessary to safeguard the physical safety
26and welfare of a minor who is left in that person's care by the

 

 

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1parent or parents or other person responsible for the minor's
2welfare.
3    (13) "Residual parental rights and responsibilities" means
4those rights and responsibilities remaining with the parent
5after the transfer of legal custody or guardianship of the
6person, including, but not necessarily limited to, the right to
7reasonable visitation (which may be limited by the court in the
8best interests of the minor as provided in subsection (8)(b) of
9this Section), the right to consent to adoption, the right to
10determine the minor's religious affiliation, and the
11responsibility for his support.
12    (14) "Shelter" means the temporary care of a minor in
13physically unrestricting facilities pending court disposition
14or execution of court order for placement.
15    (15) "Station adjustment" means the informal handling of an
16alleged offender by a juvenile police officer.
17    (16) "Ward of the court" means a minor who is so adjudged
18under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
19requisite jurisdictional facts, and thus is subject to the
20dispositional powers of the court under this Act.
21    (17) "Juvenile police officer" means a sworn police officer
22who has completed a Basic Recruit Training Course, has been
23assigned to the position of juvenile police officer by his or
24her chief law enforcement officer and has completed the
25necessary juvenile officers training as prescribed by the
26Illinois Law Enforcement Training Standards Board, or in the

 

 

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1case of a State police officer, juvenile officer training
2approved by the Director of the Department of State Police.
3    (18) "Secure child care facility" means any child care
4facility licensed by the Department of Children and Family
5Services to provide secure living arrangements for children
6under 18 years of age who are subject to placement in
7facilities under the Children and Family Services Act and who
8are not subject to placement in facilities for whom standards
9are established by the Department of Corrections under Section
103-15-2 of the Unified Code of Corrections. "Secure child care
11facility" also means a facility that is designed and operated
12to ensure that all entrances and exits from the facility, a
13building, or a distinct part of the building are under the
14exclusive control of the staff of the facility, whether or not
15the child has the freedom of movement within the perimeter of
16the facility, building, or distinct part of the building.
17(Source: P.A. 95-331, eff. 8-21-07; 96-168, eff. 8-10-09.)
 
18    (705 ILCS 405/6-9)  (from Ch. 37, par. 806-9)
19    Sec. 6-9. Enforcement of liability of parents and others.
20    (1) If parentage is at issue in any proceeding under this
21Act, other than cases involving those exceptions to the
22definition of parent set out in item (11) in Section 1-3, then
23the Illinois Parentage Act of 1984 shall apply and the court
24shall enter orders consistent with that Act. If it appears at
25any hearing that a parent or any other person named in the

 

 

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1petition, liable under the law for the support of the minor, is
2able to contribute to his or her support, the court shall enter
3an order requiring that parent or other person to pay the clerk
4of the court, or to the guardian or custodian appointed under
5Sections 2-27, 3-28, 4-25 or 5-740, a reasonable sum from time
6to time for the care, support and necessary special care or
7treatment, of the minor. If the court determines at any hearing
8that a parent or any other person named in the petition, liable
9under the law for the support of the minor, is able to
10contribute to help defray the costs associated with the minor's
11detention in a county or regional detention center, the court
12shall enter an order requiring that parent or other person to
13pay the clerk of the court a reasonable sum for the care and
14support of the minor. The court may require reasonable security
15for the payments. Upon failure to pay, the court may enforce
16obedience to the order by a proceeding as for contempt of
17court.
18    If it appears that the person liable for the support of the
19minor is able to contribute to legal fees for representation of
20the minor, the court shall enter an order requiring that person
21to pay a reasonable sum for the representation, to the attorney
22providing the representation or to the clerk of the court for
23deposit in the appropriate account or fund. The sum may be paid
24as the court directs, and the payment thereof secured and
25enforced as provided in this Section for support.
26    If it appears at the detention or shelter care hearing of a

 

 

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1minor before the court under Section 5-501 that a parent or any
2other person liable for support of the minor is able to
3contribute to his or her support, that parent or other person
4shall be required to pay a fee for room and board at a rate not
5to exceed $10 per day established, with the concurrence of the
6chief judge of the judicial circuit, by the county board of the
7county in which the minor is detained unless the court
8determines that it is in the best interest and welfare of the
9minor to waive the fee. The concurrence of the chief judge
10shall be in the form of an administrative order. Each week, on
11a day designated by the clerk of the circuit court, that parent
12or other person shall pay the clerk for the minor's room and
13board. All fees for room and board collected by the circuit
14court clerk shall be disbursed into the separate county fund
15under Section 6-7.
16    Upon application, the court shall waive liability for
17support or legal fees under this Section if the parent or other
18person establishes that he or she is indigent and unable to pay
19the incurred liability, and the court may reduce or waive
20liability if the parent or other person establishes
21circumstances showing that full payment of support or legal
22fees would result in financial hardship to the person or his or
23her family.
24    (2) When a person so ordered to pay for the care and
25support of a minor is employed for wages, salary or commission,
26the court may order him to make the support payments for which

 

 

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1he is liable under this Act out of his wages, salary or
2commission and to assign so much thereof as will pay the
3support. The court may also order him to make discovery to the
4court as to his place of employment and the amounts earned by
5him. Upon his failure to obey the orders of court he may be
6punished as for contempt of court.
7    (3) If the minor is a recipient of public aid under the
8Illinois Public Aid Code, the court shall order that payments
9made by a parent or through assignment of his wages, salary or
10commission be made directly to (a) the Department of Healthcare
11and Family Services if the minor is a recipient of aid under
12Article V of the Code, (b) the Department of Human Services if
13the minor is a recipient of aid under Article IV of the Code,
14or (c) the local governmental unit responsible for the support
15of the minor if he is a recipient under Articles VI or VII of
16the Code. The order shall permit the Department of Healthcare
17and Family Services, the Department of Human Services, or the
18local governmental unit, as the case may be, to direct that
19subsequent payments be made directly to the guardian or
20custodian of the minor, or to some other person or agency in
21the minor's behalf, upon removal of the minor from the public
22aid rolls; and upon such direction and removal of the minor
23from the public aid rolls, the Department of Healthcare and
24Family Services, Department of Human Services, or local
25governmental unit, as the case requires, shall give written
26notice of such action to the court. Payments received by the

 

 

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1Department of Healthcare and Family Services, Department of
2Human Services, or local governmental unit are to be covered,
3respectively, into the General Revenue Fund of the State
4Treasury or General Assistance Fund of the governmental unit,
5as provided in Section 10-19 of the Illinois Public Aid Code.
6(Source: P.A. 95-331, eff. 8-21-07.)
 
7    Section 10. The Illinois Parentage Act of 1984 is amended
8by changing Section 6.5 as follows:
 
9    (750 ILCS 45/6.5)
10    Sec. 6.5. Custody or visitation by sex offender prohibited.
11A person found to be the father of a child under this Act, and
12who has:
13        (1) been convicted of or who has pled guilty or nolo
14    contendre to a violation of Section 11-11 (sexual relations
15    within families), Section 12-13 (criminal sexual assault),
16    Section 12-14 (aggravated criminal sexual assault),
17    Section 12-14.1 (predatory criminal sexual assault of a
18    child), Section 12-15 (criminal sexual abuse), or Section
19    12-16 (aggravated criminal sexual abuse) of the Criminal
20    Code of 1961 or a similar statute in Illinois or another
21    jurisdiction for his conduct in fathering that child, or
22        (2) is currently charged with any offense listed in
23    item (1) or similar offense in Illinois or another
24    jurisdiction and the court finds by clear and convincing

 

 

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1    evidence that the acts occurred and those acts resulted in
2    the conception of that child,
3shall not be entitled to custody of or visitation with that
4child without the consent of the mother or guardian, unless the
5guardian of the child is other than the father of the child,
6and the father of the child who has been convicted of or pled
7guilty or nolo contendre to one of the offenses listed in this
8Section, or, in cases where the mother is a minor, the guardian
9of the mother of the child, unless the guardian of the mother
10is the father of the child, and the father of the child has
11been convicted or pled guilty or nolo contendre to one of the
12offenses listed in this Section. Notwithstanding any other
13provision of this Act, nothing in this Section shall be
14construed to relieve the father of any support and maintenance
15obligations to the child under this Act.
16(Source: P.A. 94-928, eff. 6-26-06.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".