HB5592 EnrolledLRB097 16555 RLC 66075 b

1    AN ACT concerning siblings.
 
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 7 and 7.4 as follows:
 
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 such child, as far as possible, in the care and
10custody of some individual holding the same religious belief as
11the 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

 

 

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1place a child with a relative if the Department determines that
2the relative will be able to adequately provide for the child's
3safety and welfare based on the factors set forth in the
4Department's rules governing relative placements, and that the
5placement is consistent with the child's best interests, taking
6into consideration the factors set out in subsection (4.05) of
7Section 1-3 of the Juvenile Court Act of 1987.
8    When the Department first assumes custody of a child, in
9placing that child under this Act, the Department shall make
10reasonable efforts to identify and locate a relative who is
11ready, willing, and able to care for the child. At a minimum,
12these efforts shall be renewed each time the child requires a
13placement change and it is appropriate for the child to be
14cared for in a home environment. The Department must document
15its efforts to identify and locate such a relative placement
16and maintain the documentation 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 an
25administrative appeal of the Department's decision not to place
26a child with a relative, it is the Department's burden to prove

 

 

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1that 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, the
5Department 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 basis
13of its determination and maintain the documentation in the
14child's case file.
15    If the Department determines that an individual or a group
16of relatives are inappropriate to serve as visitation resources
17or possible placement resources, the Department shall document
18the basis of its determination and maintain the documentation
19in 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 member
10of the relative's household for any of the following offenses
11under the Criminal Code of 1961:
12        (1) murder;
13        (1.1) solicitation of murder;
14        (1.2) solicitation of murder for hire;
15        (1.3) intentional homicide of an unborn child;
16        (1.4) voluntary manslaughter of an unborn child;
17        (1.5) involuntary manslaughter;
18        (1.6) reckless homicide;
19        (1.7) concealment of a homicidal death;
20        (1.8) involuntary manslaughter of an unborn child;
21        (1.9) reckless homicide of an unborn child;
22        (1.10) drug-induced homicide;
23        (2) a sex offense under Article 11, except offenses
24    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
25    11-40, and 11-45;
26        (3) kidnapping;

 

 

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

 

 

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

 

 

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1Department determines, and documents, that it would be in the
2child's best interests to consider this person a relative,
3based upon the factors for determining best interests set forth
4in subsection (4.05) of Section 1-3 of the Juvenile Court Act
5of 1987. A relative with whom a child is placed pursuant to
6this subsection may, but is not required to, apply for
7licensure as a foster family home pursuant to the Child Care
8Act of 1969; provided, however, that as of July 1, 1995, foster
9care payments shall be made only to licensed foster family
10homes pursuant to the terms of Section 5 of this Act.
11    (c) In placing a child under this Act, the Department shall
12ensure that the child's health, safety, and best interests are
13met. In rejecting placement of a child with an identified
14relative, the Department shall ensure that the child's health,
15safety, and best interests are met. In evaluating the best
16interests of the child, the Department shall take into
17consideration the factors set forth in subsection (4.05) of
18Section 1-3 of the Juvenile Court Act of 1987.
19    The Department shall consider the individual needs of the
20child and the capacity of the prospective foster or adoptive
21parents to meet the needs of the child. When a child must be
22placed outside his or her home and cannot be immediately
23returned to his or her parents or guardian, a comprehensive,
24individualized assessment shall be performed of that child at
25which time the needs of the child shall be determined. Only if
26race, color, or national origin is identified as a legitimate

 

 

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1factor in advancing the child's best interests shall it be
2considered. Race, color, or national origin shall not be
3routinely considered in making a placement decision. The
4Department shall make special efforts for the diligent
5recruitment of potential foster and adoptive families that
6reflect the ethnic and racial diversity of the children for
7whom foster and adoptive homes are needed. "Special efforts"
8shall include contacting and working with community
9organizations and religious organizations and may include
10contracting with those organizations, utilizing local media
11and other local resources, and conducting outreach activities.
12    (c-1) At the time of placement, the Department shall
13consider concurrent planning, as described in subsection (l-1)
14of Section 5, so that permanency may occur at the earliest
15opportunity. Consideration should be given so that if
16reunification fails or is delayed, the placement made is the
17best available placement to provide permanency for the child.
18    (d) The Department may accept gifts, grants, offers of
19services, and other contributions to use in making special
20recruitment efforts.
21    (e) The Department in placing children in adoptive or
22foster care homes may not, in any policy or practice relating
23to the placement of children for adoption or foster care,
24discriminate against any child or prospective adoptive or
25foster parent on the basis of race.
26(Source: P.A. 96-1551, Article 1, Section 900, eff. 7-1-11;

 

 

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196-1551, Article 2, Section 920, eff. 7-1-11; revised 9-30-11.)
 
2    (20 ILCS 505/7.4)
3    Sec. 7.4. Development and preservation of sibling
4relationships for children in care; placement of siblings;
5contact among siblings placed apart. Placement of siblings.
6    (a) Purpose and policy. The General Assembly recognizes
7that sibling relationships are unique and essential for a
8person, but even more so for children who are removed from the
9care of their families and placed in the State child welfare
10system. When family separation occurs through State
11intervention, every effort must be made to preserve, support
12and nurture sibling relationships when doing so is in the best
13interest of each sibling. It is in the interests of foster
14children who are part of a sibling group to enjoy contact with
15one another, as long as the contact is in each child's best
16interest. This is true both while the siblings are in State
17care and after one or all of the siblings leave State care
18through adoption, guardianship, or aging out. When a child is
19in need of an adoptive placement, the Department shall examine
20its files and other available resources and attempt to
21determine whether any biological sibling of the child has been
22adopted. If the Department determines that a biological sibling
23of the child has been adopted, the Department shall make a good
24faith effort to locate the adoptive parents of the sibling and
25inform them of the availability of the child for adoption.

 

 

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1    (b) Definitions. For purposes of this Section:
2        (1) Whenever a best interest determination is required
3    by this Section, the Department shall consider the factors
4    set out in subsection 4.05 of Section 1-3 or the Juvenile
5    Court Act of 1987 and the Department's rules regarding
6    Sibling Placement, 89 111. Admin. Code 301.70 and Sibling
7    Visitation, 89 111. Admin. Code 301.220, and the
8    Department's rules regarding Placement Selection Criteria.
9    89 111. Admin. Code 301.60.
10        (2) "Adopted child" means a child who, immediately
11    preceding the adoption, was in the custody or guardianship
12    of the Illinois Department of Children and Family Services
13    under Article II of the Juvenile Court Act of 1987.
14        (3) "Adoptive parent" means a person who has become a
15    parent through the legal process of adoption.
16        (4) "Child" means a person in the temporary custody or
17    guardianship of the Department who is under the age of 21.
18        (5) "Child placed in private guardianship" means a
19    child who, immediately preceding the guardianship, was in
20    the custody or guardianship of the Illinois Department of
21    Children and Family Services under Article II of the
22    Juvenile Court Act.
23        (6) "Contact" may include, but is not limited to
24    visits, telephone calls, letters, sharing of photographs
25    or information, e-mails, video conferencing, and other
26    form of communication or contact.

 

 

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1        (7) "Legal Guardian" means a person who has become the
2    legal guardian of a child who, immediately prior to the
3    guardianship, was in the custody or guardianship of the
4    Illinois Department of Children and Family Services under
5    Article II of the Juvenile Court Act of 1987.
6        (8) "Parent" means the child's mother or father who is
7    named as the respondent in proceedings conducted under
8    Article II of the Juvenile Court Act of 1987.
9        (9) "Post Permanency Sibling Contact" means contact
10    between siblings following the entry of a Judgment Order
11    for Adoption under Section 14 of the Adoption Act regarding
12    at least one sibling or an Order for Guardianship
13    appointing a private guardian under Section 2-27 or the
14    Juvenile Court Act of 1987, regarding at least one sibling.
15    Post Permanency Sibling Contact may include, but is not
16    limited to, visits, telephone calls, letters, sharing of
17    photographs or information, emails, video conferencing,
18    and other form of communication or connection agreed to by
19    the parties to a Post Permanency Sibling Contact Agreement.
20        (10) "Post Permanency Sibling Contact Agreement" means
21    a written agreement between the adoptive parent or parents,
22    the child, and the child's sibling regarding post
23    permanency contact between the adopted child and the
24    child's sibling, or a written agreement between the legal
25    guardians, the child, and the child's sibling regarding
26    post permanency contact between the child placed in

 

 

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1    guardianship and the child's sibling. The Post Permanency
2    Sibling Contact Agreement may specify the nature and
3    frequency of contact between the adopted child or child
4    placed in guardianship and the child's sibling following
5    the entry of the Judgment Order for Adoption or Order for
6    Private Guardianship. The Post Permanency Sibling Contact
7    Agreement may be supported by services as specified in this
8    Section. The Post Permanency Sibling Contact Agreement is
9    voluntary on the part of the parties to the Post Permanency
10    Sibling Contact Agreement and is not a requirement for
11    finalization of the child's adoption or guardianship. The
12    Post Permanency Sibling Contract Agreement shall not be
13    enforceable in any court of law or administrative forum and
14    no cause of action shall be brought to enforce the
15    Agreement. When entered into, the Post Permanency Sibling
16    Contact Agreement shall be placed in the child's Post
17    Adoption or Guardianship case record and in the case file
18    of a sibling who is a party to the agreement and who
19    remains in the Department's custody or guardianship.
20        (11) "Sibling Contact Support Plan" means a written
21    document that sets forth the plan for future contact
22    between siblings who are in the Department's care and
23    custody and residing separately. The goal of the Support
24    Plan is to develop or preserve and nurture the siblings'
25    relationships. The Support Plan shall set forth the role of
26    the foster parents, caregivers, and others in implementing

 

 

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1    the Support Plan. The Support Plan must meet the minimum
2    standards regarding frequency of in-person visits provided
3    for in Department rule.
4        (12) "Siblings" means children who share at least one
5    parent in common. This definition of siblings applies
6    solely for purposes of placement and contact under this
7    Section. For purposes of this Section, children who share
8    at least one parent in common continue to be siblings after
9    their parent's parental rights are terminated, if parental
10    rights were terminated while a petition under Article II of
11    the Juvenile Court Act of 1987 was pending. For purposes of
12    this Section, children who share at least one parent in
13    common continue to be siblings after a sibling is adopted
14    or placed in private guardianship when the adopted child or
15    child placed in private guardianship was in the
16    Department's custody or guardianship under Article II of
17    the Juvenile Court Act of 1987 immediately prior to the
18    adoption or private guardianship. For children who have
19    been in the guardianship of the Department under Article II
20    of the Juvenile Court Act of 1987, have been adopted, and
21    are subsequently returned to the temporary custody or
22    guardianship of the Department under Article II of the
23    Juvenile Court Act of 1987, "siblings" includes a person
24    who would have been considered a sibling prior to the
25    adoption and siblings through adoption.
26    (c) No later than January 1, 2013, the Department shall

 

 

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

 

 

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1    the needs of the children.
2        (5) Services offered by the Department for children who
3    exited foster care prior to the availability of
4    Post-Permanency Sibling Contact Agreements, to invite
5    willing parties to participate in a facilitated
6    discussion, including, but not limited to, a mediation or
7    joint team decision-making meeting, to explore sibling
8    contact.
9         If the adoptive parents of a biological sibling of a
10    child available for adoption apply to adopt that child, the
11    Department shall consider them as adoptive applicants for
12    the adoption of the child. The Department's final decision,
13    however, shall be based upon the welfare and best interest
14    of the child. In arriving at its decision, the Department
15    shall consider all relevant factors, including but not
16    limited to:
17    (d) The Department shall develop a form to be provided to
18youth entering care and exiting care explaining their rights
19and responsibilities related to sibling visitation while in
20care and post permanency.
21    (e) Whenever a child enters care or requires a new
22placement, the Department shall consider the development and
23preservation of sibling relationships.
24        (1) This subsection applies when a child entering care
25    or requiring a change of placement has siblings who are in
26    the custody or guardianship of the Department. When a child

 

 

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

 

 

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1    sibling in guardianship. Unless the parent objects, if the
2    Department determines it is in the child's best interest to
3    explore the placement, the Department shall contact the
4    adoptive parent or guardian of the sibling, determine
5    whether they are willing to be considered as placement
6    resources for the child, and, if so, determine whether it
7    is in the best interests of the child to be placed in the
8    home with the sibling. If the Department determines that it
9    is in the child's best interests to be placed in the home
10    with the sibling, and the sibling's adoptive parents or
11    guardians are willing and capable, the Department shall
12    make the placement. A determination that it is not in a
13    child's best interest to be placed with a sibling shall be
14    made in accordance with Department rule, and documented in
15    the child's file.
16        (3) This subsection applies when a child in Department
17    custody or guardianship requires a change of placement, and
18    the child has siblings who have been adopted or placed in
19    private guardianship. When a child in care requires a new
20    placement, the Department may consider placing the child
21    with the adoptive parent or guardian of a sibling under the
22    same procedures and standards set forth in paragraph (2) of
23    this subsection.
24        (4) When the Department determines it is not in the
25    best interest of one or more siblings to be placed together
26    the Department shall ensure that the child requiring

 

 

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1    placement is placed in a home or program where the
2    caregiver is willing and able to be actively involved in
3    supporting the sibling relationship to the extent doing so
4    is in the child's best interest.
5    (f) When siblings in care are placed in separate
6placements, the Department shall develop a Sibling Contact
7Support Plan. The Department shall convene a meeting to develop
8the Support Plan. The meeting shall include, at a minimum, the
9case managers for the siblings, the foster parents or other
10care providers if a child is in a non-foster home placement and
11the child, when developmentally and clinically appropriate.
12The Department shall make all reasonable efforts to promote the
13participation of the foster parents. Parents whose parental
14rights are intact shall be invited to the meeting. Others, such
15as therapists and mentors, shall be invited as appropriate. The
16Support Plan shall set forth future contact and visits between
17the siblings to develop or preserve, and nurture the siblings'
18relationships. The Support Plan shall set forth the role of the
19foster parents and caregivers and others in implementing the
20Support Plan. The Support Plan must meet the minimum standards
21regarding frequency of in-person visits provided for in
22Department rule. The Support Plan will be incorporated in the
23child's service plan and reviewed at each administrative case
24review. The Support Plan should be modified if one of the
25children moves to a new placement, or as necessary to meet the
26needs of the children. The Sibling Contact Support Plan for a

 

 

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1child in care may include siblings who are not in the care of
2the Department, with the consent and participation of that
3child's parent or guardian.
4    (g) By January 1, 2013, the Department shall develop a
5registry so that placement information regarding adopted
6siblings and siblings in private guardianship is readily
7available to Department and private agency caseworkers
8responsible for placing children in the Department's care. When
9a child is adopted or placed in private guardianship from
10foster care the Department shall inform the adoptive parents or
11guardians that they may be contacted in the future regarding
12placement of or contact with, siblings subsequently requiring
13placement.
14    (h) When a child is in need of an adoptive placement, the
15Department shall examine its files and other available
16resources and attempt to determine whether a sibling of the
17child has been adopted or placed in private guardianship after
18being in the Department's custody or guardianship. If the
19Department determines that a sibling of the child has been
20adopted or placed in private guardianship, the Department shall
21make a good faith effort to locate the adoptive parents or
22guardians of the sibling and inform them of the availability of
23the child for adoption. The Department may determine not to
24inform the adoptive parents or guardian of a sibling of a child
25that the child is available for adoption only for a reason
26permitted under criteria adopted by the Department by rule, and

 

 

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1documented in the child's case file. If a child available for
2adoption has a sibling who has been adopted or placed in
3guardianship, and the adoptive parents or guardians of that
4sibling apply to adopt the child, the Department shall consider
5them as adoptive applicants for the adoption of the child. The
6Department's final decision as to whether it will consent to
7the adoptive parents or guardians of a sibling being the
8adoptive parents of the child shall be based upon the welfare
9and best interest of the child. In arriving at its decision,
10the Department shall consider all relevant factors, including
11but not limited to:
12        (1) the wishes of the child;
13        (2) the interaction and interrelationship of the child
14    with the applicant to adopt the child;
15        (3) the child's need for stability and continuity of
16    relationship with parent figures;
17        (4) the child's adjustment to his or her present home,
18    school, and community;
19        (5) the mental and physical health of all individuals
20    involved;
21        (6) the family ties between the child and the child's
22    relatives, including siblings;
23        (7) the background, age, and living arrangements of the
24    applicant to adopt the child;
25        (8) a criminal background report of the applicant to
26    adopt the child.

 

 

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1    If placement of the child available for adoption with the
2adopted sibling or sibling in private guardianship is not
3feasible, but it is in the child's best interest to develop a
4relationship with his or her sibling, the Department shall
5invite the adoptive parents, guardian, or guardians for a
6mediation or joint team decision-making meeting to facilitate a
7discussion regarding future sibling contact.
8    (i) Post Permanency Sibling Contact Agreement. When a child
9in the Department's care has a permanency goal of adoption or
10private guardianship, and the Department is preparing to
11finalize the adoption or guardianship, the Department shall
12convene a meeting with the pre-adoptive parent or prospective
13guardian and the case manager for the child being adopted or
14placed in guardianship and the foster parents and case managers
15for the child's siblings, and others as applicable. The
16children should participate as is developmentally appropriate.
17Others, such as therapists and mentors, may participate as
18appropriate. At the meeting the Department shall encourage the
19parties to discuss sibling contact post permanency. The
20Department may assist the parties in drafting a post permanency
21sibling contact agreement.
22        (1) Parties to the Agreement for Post Permanency
23    Sibling Contact Agreement shall include:
24            (A) The adoptive parent or parents or guardian.
25            (B) The child's sibling or siblings, parents or
26        guardians.

 

 

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1            (C) The child.
2        (2) Consent of child 14 and over. The written consent
3    of a child age 14 and over to the terms and conditions of
4    the Post Permanency Sibling Contact Agreement and
5    subsequent modifications is required.
6        (3) In developing this Agreement, the Department shall
7    encourage the parties to consider the following factors:
8            (A) the physical and emotional safety and welfare
9        of the child;
10            (B) the child's wishes;
11            (C) the interaction and interrelationship of the
12        child with the child's sibling or siblings who would be
13        visiting or communicating with the child, including:
14                (i) the quality of the relationship between
15            the child and the sibling or siblings, and
16                (ii) the benefits and potential harms to the
17            child in allowing the relationship or
18            relationships to continue or in ending them;
19            (D) the child's sense of attachments to the birth
20        sibling or siblings and adoptive family, including:
21                (i) the child's sense of being valued;
22                (ii) the child's sense of familiarity; and
23                (iii) continuity of affection for the child;
24            and
25            (E) other factors relevant to the best interest of
26        the child.

 

 

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1        (4) In considering the factors in paragraph (3) of this
2    subsection, the Department shall encourage the parties to
3    recognize the importance to a child of developing a
4    relationship with siblings including siblings with whom
5    the child does not yet have a relationship; and the value
6    of preserving family ties between the child and the child's
7    siblings, including:
8            (A) the child's need for stability and continuity
9        of relationships with siblings, and
10            (B) the importance of sibling contact in the
11        development of the child's identity.
12        (5) Modification or termination of Post Permanency
13    Sibling Contact Agreement. The parties to the agreement may
14    modify or terminate the Post Permanency Sibling Contact
15    Agreement. If the parties cannot agree to modification or
16    termination, they may request the assistance of the
17    Department of Children and Family Services or another
18    agency identified and agreed upon by the parties to the
19    Post Permanency Sibling Contact Agreement. Any and all
20    terms may be modified by agreement of the parties. Post
21    Permanency Sibling Contact Agreements may also be modified
22    to include contact with siblings whose whereabouts were
23    unknown or who had not yet been born when the Judgment
24    Order for Adoption or Order for Private Guardianship was
25    entered.
26        (6) Adoptions and private guardianships finalized

 

 

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1    prior to the effective date of amendatory Act. Nothing in
2    this Section prohibits the parties from entering into a
3    Post Permanency Sibling Contact Agreement if the adoption
4    or private guardianship was finalized prior to the
5    effective date of this Section. If the Agreement is
6    completed and signed by the parties, the Department shall
7    include the Post Permanency Sibling Contact Agreement in
8    the child's Post Adoption or Private Guardianship case
9    record and in the case file of siblings who are parties to
10    the agreement who are in the Department's custody or
11    guardianship.
12        (1) the wishes of the child;
13        (2) the interaction and interrelationship of the child
14    with the applicant to adopt the child;
15        (3) the child's need for stability and continuity of
16    relationship with parent figures;
17        (4) the child's adjustment to his or her present home,
18    school, and community;
19        (5) the mental and physical health of all individuals
20    involved;
21        (6) the family ties between the child and the child's
22    relatives, including siblings;
23        (7) the background, age, and living arrangements of the
24    applicant to adopt the child;
25        (8) a criminal background report of the applicant to
26    adopt the child.

 

 

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1    (c) The Department may refuse to inform the adoptive
2parents of a biological sibling of a child that the child is
3available for adoption, as required under subsection (a), only
4for a reason permitted under criteria adopted by the Department
5by rule.
6(Source: P.A. 92-666, eff. 7-16-02.)
 
7    Section 10. The Juvenile Court Act of 1987 is amended by
8changing Sections 1-3, 2-10, 2-23, and 2-28 as follows:
 
9    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
10    Sec. 1-3. Definitions. Terms used in this Act, unless the
11context otherwise requires, have the following meanings
12ascribed to them:
13    (1) "Adjudicatory hearing" means a hearing to determine
14whether the allegations of a petition under Section 2-13, 3-15
15or 4-12 that a minor under 18 years of age is abused, neglected
16or dependent, or requires authoritative intervention, or
17addicted, respectively, are supported by a preponderance of the
18evidence or whether the allegations of a petition under Section
195-520 that a minor is delinquent are proved beyond a reasonable
20doubt.
21    (2) "Adult" means a person 21 years of age or older.
22    (3) "Agency" means a public or private child care facility
23legally authorized or licensed by this State for placement or
24institutional care or for both placement and institutional

 

 

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1care.
2    (4) "Association" means any organization, public or
3private, engaged in welfare functions which include services to
4or on behalf of children but does not include "agency" as
5herein defined.
6    (4.05) Whenever a "best interest" determination is
7required, the following factors shall be considered in the
8context of the child's age and developmental needs:
9        (a) the physical safety and welfare of the child,
10    including food, shelter, health, and clothing;
11        (b) the development of the child's identity;
12        (c) the child's background and ties, including
13    familial, cultural, and religious;
14        (d) the child's sense of attachments, including:
15            (i) where the child actually feels love,
16        attachment, and a sense of being valued (as opposed to
17        where adults believe the child should feel such love,
18        attachment, and a sense of being valued);
19            (ii) the child's sense of security;
20            (iii) the child's sense of familiarity;
21            (iv) continuity of affection for the child;
22            (v) the least disruptive placement alternative for
23        the child;
24        (e) the child's wishes and long-term goals;
25        (f) the child's community ties, including church,
26    school, and friends;

 

 

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1        (g) the child's need for permanence which includes the
2    child's need for stability and continuity of relationships
3    with parent figures and with siblings and other relatives;
4        (h) the uniqueness of every family and child;
5        (i) the risks attendant to entering and being in
6    substitute care; and
7        (j) the preferences of the persons available to care
8    for the child.
9    (4.1) "Chronic truant" shall have the definition ascribed
10to it in Section 26-2a of the School Code.
11    (5) "Court" means the circuit court in a session or
12division assigned to hear proceedings under this Act.
13    (6) "Dispositional hearing" means a hearing to determine
14whether a minor should be adjudged to be a ward of the court,
15and to determine what order of disposition should be made in
16respect to a minor adjudged to be a ward of the court.
17    (7) "Emancipated minor" means any minor 16 years of age or
18over who has been completely or partially emancipated under the
19Emancipation of Minors Act or under this Act.
20    (8) "Guardianship of the person" of a minor means the duty
21and authority to act in the best interests of the minor,
22subject to residual parental rights and responsibilities, to
23make important decisions in matters having a permanent effect
24on the life and development of the minor and to be concerned
25with his or her general welfare. It includes but is not
26necessarily limited to:

 

 

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1        (a) the authority to consent to marriage, to enlistment
2    in the armed forces of the United States, or to a major
3    medical, psychiatric, and surgical treatment; to represent
4    the minor in legal actions; and to make other decisions of
5    substantial legal significance concerning the minor;
6        (b) the authority and duty of reasonable visitation,
7    except to the extent that these have been limited in the
8    best interests of the minor by court order;
9        (c) the rights and responsibilities of legal custody
10    except where legal custody has been vested in another
11    person or agency; and
12        (d) the power to consent to the adoption of the minor,
13    but only if expressly conferred on the guardian in
14    accordance with Section 2-29, 3-30, or 4-27.
15    (9) "Legal custody" means the relationship created by an
16order of court in the best interests of the minor which imposes
17on the custodian the responsibility of physical possession of a
18minor and the duty to protect, train and discipline him and to
19provide him with food, shelter, education and ordinary medical
20care, except as these are limited by residual parental rights
21and responsibilities and the rights and responsibilities of the
22guardian of the person, if any.
23    (9.1) "Mentally capable adult relative" means a person 21
24years of age or older who is not suffering from a mental
25illness that prevents him or her from providing the care
26necessary to safeguard the physical safety and welfare of a

 

 

HB5592 Enrolled- 29 -LRB097 16555 RLC 66075 b

1minor who is left in that person's care by the parent or
2parents or other person responsible for the minor's welfare.
3    (10) "Minor" means a person under the age of 21 years
4subject to this Act.
5    (11) "Parent" means the father or mother of a child and
6includes any adoptive parent. It also includes a man (i) whose
7paternity is presumed or has been established under the law of
8this or another jurisdiction or (ii) who has registered with
9the Putative Father Registry in accordance with Section 12.1 of
10the Adoption Act and whose paternity has not been ruled out
11under the law of this or another jurisdiction. It does not
12include a parent whose rights in respect to the minor have been
13terminated in any manner provided by law. It does not include a
14person who has been or could be determined to be a parent under
15the Illinois Parentage Act of 1984, or similar parentage law in
16any other state, if that person has been convicted of or pled
17nolo contendere to a crime that resulted in the conception of
18the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11,
1912-13, 12-14, 12-14.1, subsection (a) or (b) (but not
20subsection (c)) of Section 11-1.50 or 12-15, or subsection (a),
21(b), (c), (e), or (f) (but not subsection (d)) of Section
2211-1.60 or 12-16 of the Criminal Code of 1961 or similar
23statute in another jurisdiction unless upon motion of any
24party, other than the offender, to the juvenile court
25proceedings the court finds it is in the child's best interest
26to deem the offender a parent for purposes of the juvenile

 

 

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1court proceedings.
2    (11.1) "Permanency goal" means a goal set by the court as
3defined in subdivision (2) of Section 2-28.
4    (11.2) "Permanency hearing" means a hearing to set the
5permanency goal and to review and determine (i) the
6appropriateness of the services contained in the plan and
7whether those services have been provided, (ii) whether
8reasonable efforts have been made by all the parties to the
9service plan to achieve the goal, and (iii) whether the plan
10and goal have been achieved.
11    (12) "Petition" means the petition provided for in Section
122-13, 3-15, 4-12 or 5-520, including any supplemental petitions
13thereunder in Section 3-15, 4-12 or 5-520.
14    (12.1) "Physically capable adult relative" means a person
1521 years of age or older who does not have a severe physical
16disability or medical condition, or is not suffering from
17alcoholism or drug addiction, that prevents him or her from
18providing the care necessary to safeguard the physical safety
19and welfare of a minor who is left in that person's care by the
20parent or parents or other person responsible for the minor's
21welfare.
22    (12.2) "Post Permanency Sibling Contact Agreement" has the
23meaning ascribed to the term in Section 7.4 of the Children and
24Family Services Act.
25    (13) "Residual parental rights and responsibilities" means
26those rights and responsibilities remaining with the parent

 

 

HB5592 Enrolled- 31 -LRB097 16555 RLC 66075 b

1after the transfer of legal custody or guardianship of the
2person, including, but not necessarily limited to, the right to
3reasonable visitation (which may be limited by the court in the
4best interests of the minor as provided in subsection (8)(b) of
5this Section), the right to consent to adoption, the right to
6determine the minor's religious affiliation, and the
7responsibility for his support.
8    (14) "Shelter" means the temporary care of a minor in
9physically unrestricting facilities pending court disposition
10or execution of court order for placement.
11    (14.1) "Sibling Contact Support Plan" has the meaning
12ascribed to the term in Section 7.4 of the Children and Family
13Services Act.
14    (15) "Station adjustment" means the informal handling of an
15alleged offender by a juvenile police officer.
16    (16) "Ward of the court" means a minor who is so adjudged
17under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
18requisite jurisdictional facts, and thus is subject to the
19dispositional powers of the court under this Act.
20    (17) "Juvenile police officer" means a sworn police officer
21who has completed a Basic Recruit Training Course, has been
22assigned to the position of juvenile police officer by his or
23her chief law enforcement officer and has completed the
24necessary juvenile officers training as prescribed by the
25Illinois Law Enforcement Training Standards Board, or in the
26case of a State police officer, juvenile officer training

 

 

HB5592 Enrolled- 32 -LRB097 16555 RLC 66075 b

1approved by the Director of the Department of State Police.
2    (18) "Secure child care facility" means any child care
3facility licensed by the Department of Children and Family
4Services to provide secure living arrangements for children
5under 18 years of age who are subject to placement in
6facilities under the Children and Family Services Act and who
7are not subject to placement in facilities for whom standards
8are established by the Department of Corrections under Section
93-15-2 of the Unified Code of Corrections. "Secure child care
10facility" also means a facility that is designed and operated
11to ensure that all entrances and exits from the facility, a
12building, or a distinct part of the building are under the
13exclusive control of the staff of the facility, whether or not
14the child has the freedom of movement within the perimeter of
15the facility, building, or distinct part of the building.
16(Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11.)
 
17    (705 ILCS 405/2-10)  (from Ch. 37, par. 802-10)
18    Sec. 2-10. Temporary custody hearing. At the appearance of
19the minor before the court at the temporary custody hearing,
20all witnesses 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 abused, neglected or dependent it
25shall release the minor and dismiss the petition.

 

 

HB5592 Enrolled- 33 -LRB097 16555 RLC 66075 b

1    (2) If the court finds that there is probable cause to
2believe that the minor is abused, neglected or dependent, the
3court shall state in writing the factual basis supporting its
4finding and the minor, his or her parent, guardian, custodian
5and other persons able to give relevant testimony shall be
6examined before the court. The Department of Children and
7Family Services shall give testimony concerning indicated
8reports of abuse and neglect, of which they are aware of
9through the central registry, involving the minor's parent,
10guardian or custodian. After such testimony, the court may,
11consistent with the health, safety and best interests of the
12minor, enter an order that the minor shall be released upon the
13request of parent, guardian or custodian if the parent,
14guardian or custodian appears to take custody. If it is
15determined that a parent's, guardian's, or custodian's
16compliance with critical services mitigates the necessity for
17removal of the minor from his or her home, the court may enter
18an Order of Protection setting forth reasonable conditions of
19behavior that a parent, guardian, or custodian must observe for
20a specified period of time, not to exceed 12 months, without a
21violation; provided, however, that the 12-month period shall
22begin anew after any violation. Custodian shall include any
23agency of the State which has been given custody or wardship of
24the child. If it is consistent with the health, safety and best
25interests of the minor, the court may also prescribe shelter
26care and order that the minor be kept in a suitable place

 

 

HB5592 Enrolled- 34 -LRB097 16555 RLC 66075 b

1designated by the court or in a shelter care facility
2designated by the Department of Children and Family Services or
3a licensed child welfare agency; however, a minor charged with
4a criminal offense under the Criminal Code of 1961 or
5adjudicated delinquent shall not be placed in the custody of or
6committed to the Department of Children and Family Services by
7any court, except a minor less than 15 years of age and
8committed to the Department of Children and Family Services
9under Section 5-710 of this Act or a minor for whom an
10independent basis of abuse, neglect, or dependency exists. An
11independent basis exists when the allegations or adjudication
12of abuse, neglect, or dependency do not arise from the same
13facts, incident, or circumstances which give rise to a charge
14or adjudication of delinquency.
15    In placing the minor, the Department or other agency shall,
16to the extent compatible with the court's order, comply with
17Section 7 of the Children and Family Services Act. In
18determining the health, safety and best interests of the minor
19to prescribe shelter care, the court must find that it is a
20matter of immediate and urgent necessity for the safety and
21protection of the minor or of the person or property of another
22that the minor be placed in a shelter care facility or that he
23or she is likely to flee the jurisdiction of the court, and
24must further find that reasonable efforts have been made or
25that, consistent with the health, safety and best interests of
26the minor, no efforts reasonably can be made to prevent or

 

 

HB5592 Enrolled- 35 -LRB097 16555 RLC 66075 b

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

 

 

HB5592 Enrolled- 36 -LRB097 16555 RLC 66075 b

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

 

 

HB5592 Enrolled- 37 -LRB097 16555 RLC 66075 b

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

 

 

HB5592 Enrolled- 38 -LRB097 16555 RLC 66075 b

1parent-child visiting plan is not reasonably calculated to
2expeditiously facilitate the achievement of the permanency
3goal or that the restrictions placed on parent-child contact or
4sibling placement or contact are contrary to the child's best
5interests, the court shall put in writing the factual basis
6supporting the determination and enter specific findings based
7on the evidence. The court shall enter an order for the
8Department to implement changes to the parent-child visiting
9plan or sibling placement or contact plan, consistent with the
10court's findings. At any stage of proceeding, any party may by
11motion request the court to enter any orders necessary to
12implement the parent-child visiting plan, sibling placement or
13contact plan or subsequently developed Sibling Contact Support
14Plan. Nothing under this subsection (2) shall restrict the
15court from granting discretionary authority to the Department
16to increase opportunities for additional parent-child contacts
17or sibling contacts, without further court orders. Nothing in
18this subsection (2) shall restrict the Department from
19immediately restricting or terminating parent-child contact or
20sibling contacts, without either amending the parent-child
21visiting plan or the sibling contact plan or obtaining a court
22order, where the Department or its assigns reasonably believe
23that continuation of the parent-child contact, as set out in
24the parent-child visiting plan, would be contrary to the
25child's health, safety, and welfare. The Department shall file
26with the court and serve on the parties any amendments to the

 

 

HB5592 Enrolled- 39 -LRB097 16555 RLC 66075 b

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

 

 

HB5592 Enrolled- 40 -LRB097 16555 RLC 66075 b

1order together with the court's findings of fact in support
2thereof shall be entered of record in the court.
3    Once the court finds that it is a matter of immediate and
4urgent necessity for the protection of the minor that the minor
5be placed in a shelter care facility, the minor shall not be
6returned to the parent, custodian or guardian until the court
7finds that such placement is no longer necessary for the
8protection of the minor.
9    If the child is placed in the temporary custody of the
10Department of Children and Family Services for his or her
11protection, the court shall admonish the parents, guardian,
12custodian or responsible relative that the parents must
13cooperate with the Department of Children and Family Services,
14comply with the terms of the service plans, and correct the
15conditions which require the child to be in care, or risk
16termination of their parental rights.
17    (3) If prior to the shelter care hearing for a minor
18described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
19unable to serve notice on the party respondent, the shelter
20care hearing may proceed ex-parte. A shelter care order from an
21ex-parte hearing shall be endorsed with the date and hour of
22issuance and shall be filed with the clerk's office and entered
23of record. The order shall expire after 10 days from the time
24it is issued unless before its expiration it is renewed, at a
25hearing upon appearance of the party respondent, or upon an
26affidavit of the moving party as to all diligent efforts to

 

 

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1notify the party respondent by notice as herein prescribed. The
2notice prescribed shall be in writing and shall be personally
3delivered to the minor or the minor's attorney and to the last
4known address of the other person or persons entitled to
5notice. The notice shall also state the nature of the
6allegations, the nature of the order sought by the State,
7including whether temporary custody is sought, and the
8consequences of failure to appear and shall contain a notice
9that the parties will not be entitled to further written
10notices or publication notices of proceedings in this case,
11including the filing of an amended petition or a motion to
12terminate parental rights, except as required by Supreme Court
13Rule 11; and shall explain the right of the parties and the
14procedures to vacate or modify a shelter care order as provided
15in this Section. The notice for a shelter care hearing shall be
16substantially as follows:
17
NOTICE TO PARENTS AND CHILDREN
18
OF SHELTER CARE HEARING
19        On ................ at ........., before the Honorable
20    ................, (address:) ................., the State
21    of Illinois will present evidence (1) that (name of child
22    or children) ....................... are abused, neglected
23    or dependent for the following reasons:
24    .............................................. and (2)
25    whether there is "immediate and urgent necessity" to remove
26    the child or children from the responsible relative.

 

 

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1        YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
2    PLACEMENT of the child or children in foster care until a
3    trial can be held. A trial may not be held for up to 90
4    days. You will not be entitled to further notices of
5    proceedings in this case, including the filing of an
6    amended petition or a motion to terminate parental rights.
7        At the shelter care hearing, parents have the following
8    rights:
9            1. To ask the court to appoint a lawyer if they
10        cannot afford one.
11            2. To ask the court to continue the hearing to
12        allow them time to prepare.
13            3. To present evidence concerning:
14                a. Whether or not the child or children were
15            abused, neglected or dependent.
16                b. Whether or not there is "immediate and
17            urgent necessity" to remove the child from home
18            (including: their ability to care for the child,
19            conditions in the home, alternative means of
20            protecting the child other than removal).
21                c. The best interests of the child.
22            4. To cross examine the State's witnesses.
 
23    The Notice for rehearings shall be substantially as
24follows:
25
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS

 

 

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1
TO REHEARING ON TEMPORARY CUSTODY
2        If you were not present at and did not have adequate
3    notice of the Shelter Care Hearing at which temporary
4    custody of ............... was awarded to
5    ................, you have the right to request a full
6    rehearing on whether the State should have temporary
7    custody of ................. To request this rehearing,
8    you must file with the Clerk of the Juvenile Court
9    (address): ........................, in person or by
10    mailing a statement (affidavit) setting forth the
11    following:
12            1. That you were not present at the shelter care
13        hearing.
14            2. That you did not get adequate notice (explaining
15        how the notice was inadequate).
16            3. Your signature.
17            4. Signature must be notarized.
18        The rehearing should be scheduled within 48 hours of
19    your filing this affidavit.
20        At the rehearing, your rights are the same as at the
21    initial shelter care hearing. The enclosed notice explains
22    those rights.
23        At the Shelter Care Hearing, children have the
24    following rights:
25            1. To have a guardian ad litem appointed.
26            2. To be declared competent as a witness and to

 

 

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1        present testimony concerning:
2                a. Whether they are abused, neglected or
3            dependent.
4                b. Whether there is "immediate and urgent
5            necessity" to be removed from home.
6                c. Their best interests.
7            3. To cross examine witnesses for other parties.
8            4. To obtain an explanation of any proceedings and
9        orders of the court.
10    (4) If the parent, guardian, legal custodian, responsible
11relative, minor age 8 or over, or counsel of the minor did not
12have actual notice of or was not present at the shelter care
13hearing, he or she may file an affidavit setting forth these
14facts, and the clerk shall set the matter for rehearing not
15later than 48 hours, excluding Sundays and legal holidays,
16after the filing of the affidavit. At the rehearing, the court
17shall proceed in the same manner as upon the original hearing.
18    (5) Only when there is reasonable cause to believe that the
19minor taken into custody is a person described in subsection
20(3) of Section 5-105 may the minor be kept or detained in a
21detention home or county or municipal jail. This Section shall
22in no way be construed to limit subsection (6).
23    (6) No minor under 16 years of age may be confined in a
24jail or place ordinarily used for the confinement of prisoners
25in a police station. Minors under 17 years of age must be kept
26separate from confined adults and may not at any time be kept

 

 

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1in the same cell, room, or yard with adults confined pursuant
2to the criminal law.
3    (7) If the minor is not brought before a judicial officer
4within the time period as specified in Section 2-9, the minor
5must immediately be released from custody.
6    (8) If neither the parent, guardian or custodian appears
7within 24 hours to take custody of a minor released upon
8request pursuant to subsection (2) of this Section, then the
9clerk of the court shall set the matter for rehearing not later
10than 7 days after the original order and shall issue a summons
11directed to the parent, guardian or custodian to appear. At the
12same time the probation department shall prepare a report on
13the minor. If a parent, guardian or custodian does not appear
14at such rehearing, the judge may enter an order prescribing
15that the minor be kept in a suitable place designated by the
16Department of Children and Family Services or a licensed child
17welfare agency.
18    (9) Notwithstanding any other provision of this Section any
19interested party, including the State, the temporary
20custodian, an agency providing services to the minor or family
21under a service plan pursuant to Section 8.2 of the Abused and
22Neglected Child Reporting Act, foster parent, or any of their
23representatives, on notice to all parties entitled to notice,
24may file a motion that it is in the best interests of the minor
25to modify or vacate a temporary custody order on any of the
26following grounds:

 

 

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1        (a) It is no longer a matter of immediate and urgent
2    necessity that the minor remain in shelter care; or
3        (b) There is a material change in the circumstances of
4    the natural family from which the minor was removed and the
5    child can be cared for at home without endangering the
6    child's health or safety; or
7        (c) A person not a party to the alleged abuse, neglect
8    or dependency, including a parent, relative or legal
9    guardian, is capable of assuming temporary custody of the
10    minor; or
11        (d) Services provided by the Department of Children and
12    Family Services or a child welfare agency or other service
13    provider have been successful in eliminating the need for
14    temporary custody and the child can be cared for at home
15    without endangering the child's health or safety.
16    In ruling on the motion, the court shall determine whether
17it is consistent with the health, safety and best interests of
18the minor to modify or vacate a temporary custody order.
19    The clerk shall set the matter for hearing not later than
2014 days after such motion is filed. In the event that the court
21modifies or vacates a temporary custody order but does not
22vacate its finding of probable cause, the court may order that
23appropriate services be continued or initiated in behalf of the
24minor and his or her family.
25    (10) When the court finds or has found that there is
26probable cause to believe a minor is an abused minor as

 

 

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1described in subsection (2) of Section 2-3 and that there is an
2immediate and urgent necessity for the abused minor to be
3placed in shelter care, immediate and urgent necessity shall be
4presumed for any other minor residing in the same household as
5the abused minor provided:
6        (a) Such other minor is the subject of an abuse or
7    neglect petition pending before the court; and
8        (b) A party to the petition is seeking shelter care for
9    such other minor.
10    Once the presumption of immediate and urgent necessity has
11been raised, the burden of demonstrating the lack of immediate
12and urgent necessity shall be on any party that is opposing
13shelter care for the other minor.
14(Source: P.A. 94-604, eff. 1-1-06; 95-405, eff. 6-1-08; 95-642,
15eff. 6-1-08; 95-876, eff. 8-21-08.)
 
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 under 18 years of age found to be neglected
21    or abused under Section 2-3 or dependent under Section 2-4
22    may be (1) continued in the custody of his or her parents,
23    guardian or legal custodian; (2) placed in accordance with
24    Section 2-27; (3) restored to the custody of the parent,
25    parents, guardian, or legal custodian, provided the court

 

 

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

 

 

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1    custody of the minor shall not be restored to any parent,
2    guardian or legal custodian whose acts or omissions or both
3    have been identified, pursuant to subsection (1) of Section
4    2-21, as forming the basis for the court's finding of
5    dependency, until such time as a hearing is held on the
6    issue of the fitness of such parent, guardian or legal
7    custodian to care for the minor without endangering the
8    minor's health or safety, and the court enters an order
9    that such parent, guardian or legal custodian is fit to
10    care for the minor.
11        (b-1) A minor between the ages of 18 and 21 may be
12    placed pursuant to Section 2-27 of this Act if (1) the
13    court has granted a supplemental petition to reinstate
14    wardship of the minor pursuant to subsection (2) of Section
15    2-33, or (2) the court has adjudicated the minor a ward of
16    the court, permitted the minor to return home under an
17    order of protection, and subsequently made a finding that
18    it is in the minor's best interest to vacate the order of
19    protection and commit the minor to the Department of
20    Children and Family Services for care and service.
21        (c) When the court awards guardianship to the
22    Department of Children and Family Services, the court shall
23    order the parents to cooperate with the Department of
24    Children and Family Services, comply with the terms of the
25    service plans, and correct the conditions that require the
26    child to be in care, or risk termination of their parental

 

 

HB5592 Enrolled- 50 -LRB097 16555 RLC 66075 b

1    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, (i)
12orders 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, the
16court shall review the Sibling Contact Support Plan developed
17under subsection (f) of Section 7.4 of the Children and Family
18Services Act, if applicable. If the Department has not convened
19a meeting to develop a Sibling Contact Support Plan, or if the
20court finds that the existing Plan is not in the child's best
21interest, the court may enter an order requiring the Department
22to develop and implement a Sibling Contact Support Plan under
23subsection (f) of Section 7.4 of the Children and Family
24Services Act or order mediation. Unless otherwise specifically
25authorized by law, the court is not empowered under this
26subsection (3) to order specific placements, specific

 

 

HB5592 Enrolled- 51 -LRB097 16555 RLC 66075 b

1services, or specific service providers to be included in the
2plan. If, after receiving evidence, the court determines that
3the services contained in the plan are not reasonably
4calculated to facilitate achievement of the permanency goal,
5the court shall put in writing the factual basis supporting the
6determination and enter specific findings based on the
7evidence. The court also shall enter an order for the
8Department to develop and implement a new service plan or to
9implement changes to the current service plan consistent with
10the court's findings. The new service plan shall be filed with
11the court and served on all parties within 45 days after the
12date of the order. The court shall continue the matter until
13the new service plan is filed. Unless otherwise specifically
14authorized by law, the court is not empowered under this
15subsection (3) or under subsection (2) to order specific
16placements, specific services, or specific service providers
17to be included in the plan.
18    (4) In addition to any other order of disposition, the
19court may order any minor adjudicated neglected with respect to
20his 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 the
24dispositional hearing for purposes of this Section. The parent,
25guardian or legal custodian of the minor may pay some or all of
26such restitution on the minor's behalf.

 

 

HB5592 Enrolled- 52 -LRB097 16555 RLC 66075 b

1    (5) Any order for disposition where the minor is committed
2or placed in accordance with Section 2-27 shall provide for the
3parents or guardian of the estate of such minor to pay to the
4legal 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 to
10attend 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 parent
15at the initial dispositional hearing if all of the conditions
16in subsection (5) of Section 2-21 are met.
17(Source: P.A. 95-331, eff. 8-21-07; 96-581, eff. 1-1-10;
1896-600, eff. 8-21-09; 96-1000, eff. 7-2-10.)
 
19    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
20    Sec. 2-28. Court review.
21    (1) The court may require any legal custodian or guardian
22of the person appointed under this Act to report periodically
23to the court or may cite him into court and require him or his
24agency, to make a full and accurate report of his or its doings
25in behalf of the minor. The custodian or guardian, within 10

 

 

HB5592 Enrolled- 53 -LRB097 16555 RLC 66075 b

1days after such citation, shall make the report, either in
2writing verified by affidavit or orally under oath in open
3court, or otherwise as the court directs. Upon the hearing of
4the report the court may remove the custodian or guardian and
5appoint another in his stead or restore the minor to the
6custody of his parents or former guardian or custodian.
7However, custody of the minor shall not be restored to any
8parent, guardian or legal custodian in any case in which the
9minor is found to be neglected or abused under Section 2-3 or
10dependent under Section 2-4 of this Act, unless the minor can
11be cared for at home without endangering the minor's health or
12safety and it is in the best interests of the minor, and if
13such neglect, abuse, or dependency is found by the court under
14paragraph (1) of Section 2-21 of this Act to have come about
15due to the acts or omissions or both of such parent, guardian
16or legal custodian, until such time as an investigation is made
17as provided in paragraph (5) and a hearing is held on the issue
18of the fitness of such parent, guardian or legal custodian to
19care for the minor and the court enters an order that such
20parent, guardian or legal custodian is fit to care for the
21minor.
22    (2) The first permanency hearing shall be conducted by the
23judge. Subsequent permanency hearings may be heard by a judge
24or by hearing officers appointed or approved by the court in
25the manner set forth in Section 2-28.1 of this Act. The initial
26hearing shall be held (a) within 12 months from the date

 

 

HB5592 Enrolled- 54 -LRB097 16555 RLC 66075 b

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

 

 

HB5592 Enrolled- 55 -LRB097 16555 RLC 66075 b

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

 

 

HB5592 Enrolled- 56 -LRB097 16555 RLC 66075 b

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

 

 

HB5592 Enrolled- 57 -LRB097 16555 RLC 66075 b

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

 

 

HB5592 Enrolled- 58 -LRB097 16555 RLC 66075 b

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

 

 

HB5592 Enrolled- 59 -LRB097 16555 RLC 66075 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the health, safety and best interest of the minor and the
2fitness of such parent, guardian or legal custodian to care for
3the minor and the court enters an order that such parent,
4guardian or legal custodian is fit to care for the minor. In
5the event that the minor has attained 18 years of age and the
6guardian or custodian petitions the court for an order
7terminating his guardianship or custody, guardianship or
8custody shall terminate automatically 30 days after the receipt
9of the petition unless the court orders otherwise. No legal
10custodian or guardian of the person may be removed without his
11consent until given notice and an opportunity to be heard by
12the court.
13    When the court orders a child restored to the custody of
14the parent or parents, the court shall order the parent or
15parents to cooperate with the Department of Children and Family
16Services and comply with the terms of an after-care plan, or
17risk the loss of custody of the child and possible termination
18of their parental rights. The court may also enter an order of
19protective supervision in accordance with Section 2-24.
20    (5) Whenever a parent, guardian, or legal custodian files a
21motion for restoration of custody of the minor, and the minor
22was adjudicated neglected, abused, or dependent as a result of
23physical abuse, the court shall cause to be made an
24investigation as to whether the movant has ever been charged
25with or convicted of any criminal offense which would indicate
26the likelihood of any further physical abuse to the minor.

 

 

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1Evidence of such criminal convictions shall be taken into
2account in determining whether the minor can be cared for at
3home without endangering his or her health or safety and
4fitness of the parent, guardian, or legal custodian.
5        (a) Any agency of this State or any subdivision thereof
6    shall co-operate with the agent of the court in providing
7    any information sought in the investigation.
8        (b) The information derived from the investigation and
9    any conclusions or recommendations derived from the
10    information shall be provided to the parent, guardian, or
11    legal custodian seeking restoration of custody prior to the
12    hearing on fitness and the movant shall have an opportunity
13    at the hearing to refute the information or contest its
14    significance.
15        (c) All information obtained from any investigation
16    shall be confidential as provided in Section 5-150 of this
17    Act.
18(Source: P.A. 96-600, eff. 8-21-09; 96-1375, eff. 7-29-10;
1997-425, eff. 8-16-11.)
 
20    Section 15. The Adoption Act is amended by changing Section
2118.3 as follows:
 
22    (750 ILCS 50/18.3)  (from Ch. 40, par. 1522.3)
23    Sec. 18.3. (a) The agency, Department of Children and
24Family Services, Court Supportive Services, Juvenile Division

 

 

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1of the Circuit Court, and any other party to the surrender of a
2child for adoption or in an adoption proceeding shall inform
3any birth parent or parents relinquishing a child for purposes
4of adoption after the effective date of this Act of the
5opportunity to register with the Illinois Adoption Registry and
6Medical Information Exchange and to utilize the Illinois
7confidential intermediary program and shall obtain a written
8confirmation that acknowledges the birth parent's receipt of
9such information.
10    The birth parent shall be informed in writing that if
11contact or exchange of identifying information with the adult
12adopted or surrendered person is to occur, that adult adopted
13or surrendered person must be 21 years of age or over except as
14referenced in paragraph (d) of this Section.
15    (b) Any birth parent, birth sibling, adopted or surrendered
16person, adoptive parent, or legal guardian indicating their
17desire to receive identifying or medical information shall be
18informed of the existence of the Registry and assistance shall
19be given to such person to legally record his or her name with
20the Registry.
21    (c) The agency, Department of Children and Family Services,
22Court Supportive Services, Juvenile Division of the Circuit
23Court, and any other organization involved in the surrender of
24a child for adoption in an adoption proceeding which has
25written statements from an adopted or surrendered person and
26the birth parent or a birth sibling indicating a desire to

 

 

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1share identifying information or establish contact shall
2supply such information to the mutually consenting parties,
3except that no identifying information shall be supplied to
4consenting birth siblings if any such sibling is under 21 years
5of age. However, both the Registry having an Information
6Exchange Authorization and the organization having a written
7statement requesting the sharing of identifying information or
8contact shall communicate with each other to determine if the
9adopted or surrendered person or the birth parent or birth
10sibling has signed a form at a later date indicating a change
11in his or her desires regarding the sharing of information or
12contact.
13    (d) On and after January 1, 2000, any licensed child
14welfare agency which provides post-adoption search assistance
15to adoptive parents, adopted persons, surrendered persons,
16birth parents, or other birth relatives shall require that any
17person requesting post-adoption search assistance complete an
18Illinois Adoption Registry Application prior to the
19commencement of the search. However, former wards of the
20Department of Children and Family Services between the ages of
2118 and 21 who have been surrendered or adopted and who are
22seeking contact or an exchange of information with siblings
23shall not be required to complete an Illinois Adoption Registry
24Application prior to commencement of the search, provided that
25the search is performed consistent with applicable Sections of
26this Act.

 

 

HB5592 Enrolled- 69 -LRB097 16555 RLC 66075 b

1(Source: P.A. 96-895, eff. 5-21-10.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.