98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4496

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-745

    Amends the Juvenile Court Act of 1987. Provides that if the minor is in the custody of the Department of Juvenile Justice, the case plan shall include: (1) information as to the minor's physical, mental, and emotional health condition; (2) summary of the physical and mental health services provided to the minor; (3) unmet physical and mental health and education needs which have been identified by the Department; (4) information as to the Department's efforts to secure post-release placement of the minor after release from the Department; (5) identification of the minor's grade level and educational history, including a determination if the minor has in the past, or is currently receiving special education services; (6) identification of educational goals, educational needs, and identifiable educational problems; and (7) determination as to the need for a case study evaluation. Provides that upon receipt, the court shall review the report and determine whether a hearing would serve the minor's best interests. Provides that when the court has set a hearing on the case plan, the clerk shall mail notice of the hearing to the Director of Juvenile Justice and where the court record includes their last known addresses, to the minor's parents and guardian. Provides that if after receiving evidence, the court determines that the services contained in the plan are not reasonably calculated to prepare the minor for a successful reentry into the community, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. Provides that the court also shall enter an order for the Department to develop and implement a new service plan or to implement changes to the current service plan consistent with the court's findings. Provides that the new service plan shall be filed with the court and served on all parties within 45 days of the date of the order. Provides that the court shall continue the matter until the new service plan is filed. Provides that unless otherwise specifically authorized by law, the court may not order specific placements, specific services, or specific service providers to be included in the plan.


LRB098 19356 RLC 54509 b

 

 

A BILL FOR

 

HB4496LRB098 19356 RLC 54509 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-745 as follows:
 
6    (705 ILCS 405/5-745)
7    Sec. 5-745. Court review.
8    (1) The court may require any legal custodian or guardian
9of the person appointed under this Act, including the
10Department of Juvenile Justice for youth committed under
11Section 5-750 of this Act, to report periodically to the court
12or may cite him or her into court and require him or her, or his
13or her agency, to make a full and accurate report of his or her
14or its doings in behalf of the minor, including efforts to
15secure post-release placement of the youth after release from
16the Department's facilities. The legal custodian or guardian,
17within 10 days after the citation, shall make the report,
18either in writing verified by affidavit or orally under oath in
19open court, or otherwise as the court directs. Upon the hearing
20of the report the court may remove the legal custodian or
21guardian and appoint another in his or her stead or restore the
22minor to the custody of his or her parents or former guardian
23or legal custodian.

 

 

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1    (2) A guardian or legal custodian appointed by the court
2under this Act shall file updated case plans with the court
3every 6 months. If the minor is in the custody of the
4Department of Juvenile Justice, the plan shall include:
5        (a) information as to the minor's physical, mental, and
6    emotional health condition;
7        (b) summary of the physical and mental health services
8    provided to the minor;
9        (c) unmet physical and mental health and education
10    needs which have been identified by the Department;
11        (d) information as to the Department's efforts to
12    secure post-release placement of the minor after release
13    from the Department;
14        (e) identification of the minor's grade level and
15    educational history, including a determination if the
16    minor has in the past or is currently receiving special
17    education services;
18        (f) identification of educational goals, educational
19    needs, and identifiable educational problems; and
20        (g) determination as to the need for a case study
21    evaluation.
22    Upon receipt, the court shall review the report and
23determine whether a hearing would serve the minor's best
24interests. When the court has set a hearing on the case plan,
25the clerk shall mail notice of the hearing to the Director of
26Juvenile Justice at least 10 days prior to the hearing and when

 

 

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1the court record includes their last known addresses, to the
2minor's parents and guardian. If after receiving evidence, the
3court determines that the services contained in the plan are
4not reasonably calculated to prepare the minor for a successful
5reentry into the community, the court shall put in writing the
6factual basis supporting the determination and enter specific
7findings based on the evidence. The court also shall enter an
8order for the Department to develop and implement a new service
9plan or to implement changes to the current service plan
10consistent with the court's findings. The new service plan
11shall be filed with the court and served on all parties within
1245 days of the date of the order. The court shall continue the
13matter until the new service plan is filed. Unless otherwise
14specifically authorized by law, the court may not under
15subsection (2) or subsection (3) of this Section order specific
16placements, specific services, or specific service providers
17to be included in the plan.
18    Every agency which has guardianship of a child shall file a
19supplemental petition for court review, or review by an
20administrative body appointed or approved by the court and
21further order within 18 months of the sentencing order and each
2218 months thereafter. The petition shall state facts relative
23to the child's present condition of physical, mental and
24emotional health as well as facts relative to his or her
25present custodial or foster care. The petition shall be set for
26hearing and the clerk shall mail 10 days notice of the hearing

 

 

HB4496- 4 -LRB098 19356 RLC 54509 b

1by certified mail, return receipt requested, to the person or
2agency having the physical custody of the child, the minor and
3other interested parties unless a written waiver of notice is
4filed with the petition.
5    If the minor is in the custody of the Illinois Department
6of Children and Family Services, pursuant to an order entered
7under this Article, the court shall conduct permanency hearings
8as set out in subsections (1), (2), and (3) of Section 2-28 of
9Article II of this Act.
10    Rights of wards of the court under this Act are enforceable
11against any public agency by complaints for relief by mandamus
12filed in any proceedings brought under this Act.
13    (3) The minor or any person interested in the minor may
14apply to the court for a change in custody of the minor and the
15appointment of a new custodian or guardian of the person or for
16the restoration of the minor to the custody of his or her
17parents or former guardian or custodian. In the event that the
18minor has attained 18 years of age and the guardian or
19custodian petitions the court for an order terminating his or
20her guardianship or custody, guardianship or legal custody
21shall terminate automatically 30 days after the receipt of the
22petition unless the court orders otherwise. No legal custodian
23or guardian of the person may be removed without his or her
24consent until given notice and an opportunity to be heard by
25the court.
26(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)