Illinois General Assembly - Full Text of HB3595
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Full Text of HB3595  102nd General Assembly

HB3595enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3595 EnrolledLRB102 16555 RLC 21951 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 2-10, 2-23, 2-28, and 2-33 as follows:
 
6    (705 ILCS 405/2-10)  (from Ch. 37, par. 802-10)
7    Sec. 2-10. Temporary custody hearing. At the appearance of
8the minor before the court at the temporary custody hearing,
9all witnesses present shall be examined before the court in
10relation to any matter connected with the allegations made in
11the petition.
12    (1) If the court finds that there is not probable cause to
13believe that the minor is abused, neglected or dependent it
14shall release the minor and dismiss the petition.
15    (2) If the court finds that there is probable cause to
16believe that the minor is abused, neglected or dependent, the
17court shall state in writing the factual basis supporting its
18finding and the minor, his or her parent, guardian, custodian
19and other persons able to give relevant testimony shall be
20examined before the court. The Department of Children and
21Family Services shall give testimony concerning indicated
22reports of abuse and neglect, of which they are aware through
23the central registry, involving the minor's parent, guardian

 

 

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1or custodian. After such testimony, the court may, consistent
2with the health, safety and best interests of the minor, enter
3an order that the minor shall be released upon the request of
4parent, guardian or custodian if the parent, guardian or
5custodian appears to take custody. If it is determined that a
6parent's, guardian's, or custodian's compliance with critical
7services mitigates the necessity for removal of the minor from
8his or her home, the court may enter an Order of Protection
9setting forth reasonable conditions of behavior that a parent,
10guardian, or custodian must observe for a specified period of
11time, not to exceed 12 months, without a violation; provided,
12however, that the 12-month period shall begin anew after any
13violation. "Custodian" includes the Department of Children and
14Family Services, if it has been given custody of the child, or
15any other agency of the State which has been given custody or
16wardship of the child. If it is consistent with the health,
17safety and best interests of the minor, the court may also
18prescribe shelter care and order that the minor be kept in a
19suitable place designated by the court or in a shelter care
20facility designated by the Department of Children and Family
21Services or a licensed child welfare agency; however, on and
22after January 1, 2015 (the effective date of Public Act
2398-803) and before January 1, 2017, a minor charged with a
24criminal offense under the Criminal Code of 1961 or the
25Criminal Code of 2012 or adjudicated delinquent shall not be
26placed in the custody of or committed to the Department of

 

 

HB3595 Enrolled- 3 -LRB102 16555 RLC 21951 b

1Children and Family Services by any court, except a minor less
2than 16 years of age and committed to the Department of
3Children and Family Services under Section 5-710 of this Act
4or a minor for whom an independent basis of abuse, neglect, or
5dependency exists; and on and after January 1, 2017, a minor
6charged with a criminal offense under the Criminal Code of
71961 or the Criminal Code of 2012 or adjudicated delinquent
8shall not be placed in the custody of or committed to the
9Department of Children and Family Services by any court,
10except a minor less than 15 years of age and committed to the
11Department of Children and Family Services under Section 5-710
12of this Act or a minor for whom an independent basis of abuse,
13neglect, or dependency exists. An independent basis exists
14when the allegations or adjudication of abuse, neglect, or
15dependency do not arise from the same facts, incident, or
16circumstances which give rise to a charge or adjudication of
17delinquency.
18    In placing the minor, the Department or other agency
19shall, to the extent compatible with the court's order, comply
20with Section 7 of the Children and Family Services Act. In
21determining the health, safety and best interests of the minor
22to prescribe shelter care, the court must find that it is a
23matter of immediate and urgent necessity for the safety and
24protection of the minor or of the person or property of another
25that the minor be placed in a shelter care facility or that he
26or she is likely to flee the jurisdiction of the court, and

 

 

HB3595 Enrolled- 4 -LRB102 16555 RLC 21951 b

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

 

 

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

 

 

HB3595 Enrolled- 6 -LRB102 16555 RLC 21951 b

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

 

 

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

 

 

HB3595 Enrolled- 8 -LRB102 16555 RLC 21951 b

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

 

 

HB3595 Enrolled- 9 -LRB102 16555 RLC 21951 b

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

 

 

HB3595 Enrolled- 10 -LRB102 16555 RLC 21951 b

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

 

 

HB3595 Enrolled- 11 -LRB102 16555 RLC 21951 b

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

 

 

HB3595 Enrolled- 12 -LRB102 16555 RLC 21951 b

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

 

 

HB3595 Enrolled- 13 -LRB102 16555 RLC 21951 b

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

 

 

HB3595 Enrolled- 14 -LRB102 16555 RLC 21951 b

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

 

 

HB3595 Enrolled- 15 -LRB102 16555 RLC 21951 b

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

 

 

HB3595 Enrolled- 16 -LRB102 16555 RLC 21951 b

1it is consistent with the health, safety and best interests of
2the minor to modify or vacate a temporary custody order. If the
3minor is being restored to the custody of a parent, legal
4custodian, or guardian who lives outside of Illinois, and an
5Interstate Compact has been requested and refused, the court
6may order the Department of Children and Family Services to
7arrange for an assessment of the minor's proposed living
8arrangement and for ongoing monitoring of the health, safety,
9and best interest of the minor and compliance with any order of
10protective supervision entered in accordance with Section 2-20
11or 2-25.
12    The clerk shall set the matter for hearing not later than
1314 days after such motion is filed. In the event that the court
14modifies or vacates a temporary custody order but does not
15vacate its finding of probable cause, the court may order that
16appropriate services be continued or initiated in behalf of
17the minor and his or her family.
18    (10) When the court finds or has found that there is
19probable cause to believe a minor is an abused minor as
20described in subsection (2) of Section 2-3 and that there is an
21immediate and urgent necessity for the abused minor to be
22placed in shelter care, immediate and urgent necessity shall
23be presumed for any other minor residing in the same household
24as the abused minor provided:
25        (a) Such other minor is the subject of an abuse or
26    neglect petition pending before the court; and

 

 

HB3595 Enrolled- 17 -LRB102 16555 RLC 21951 b

1        (b) A party to the petition is seeking shelter care
2    for such other minor.
3    Once the presumption of immediate and urgent necessity has
4been raised, the burden of demonstrating the lack of immediate
5and urgent necessity shall be on any party that is opposing
6shelter care for the other minor.
7    (11) The changes made to this Section by Public Act 98-61
8apply to a minor who has been arrested or taken into custody on
9or after January 1, 2014 (the effective date of Public Act
1098-61).
11    (12) After the court has placed a minor in the care of a
12temporary custodian pursuant to this Section, any party may
13file a motion requesting the court to grant the temporary
14custodian the authority to serve as a surrogate decision maker
15for the minor under the Health Care Surrogate Act for purposes
16of making decisions pursuant to paragraph (1) of subsection
17(b) of Section 20 of the Health Care Surrogate Act. The court
18may grant the motion if it determines by clear and convincing
19evidence that it is in the best interests of the minor to grant
20the temporary custodian such authority. In making its
21determination, the court shall weigh the following factors in
22addition to considering the best interests factors listed in
23subsection (4.05) of Section 1-3 of this Act:
24        (a) the efforts to identify and locate the respondents
25    and adult family members of the minor and the results of
26    those efforts;

 

 

HB3595 Enrolled- 18 -LRB102 16555 RLC 21951 b

1        (b) the efforts to engage the respondents and adult
2    family members of the minor in decision making on behalf
3    of the minor;
4        (c) the length of time the efforts in paragraphs (a)
5    and (b) have been ongoing;
6        (d) the relationship between the respondents and adult
7    family members and the minor;
8        (e) medical testimony regarding the extent to which
9    the minor is suffering and the impact of a delay in
10    decision-making on the minor; and
11        (f) any other factor the court deems relevant.
12    If the Department of Children and Family Services is the
13temporary custodian of the minor, in addition to the
14requirements of paragraph (1) of subsection (b) of Section 20
15of the Health Care Surrogate Act, the Department shall follow
16its rules and procedures in exercising authority granted under
17this subsection.
18(Source: P.A. 99-625, eff. 1-1-17; 99-642, eff. 7-28-16;
19100-159, eff. 8-18-17; 100-863, eff. 8-14-18; 100-959, eff.
201-1-19.)
 
21    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
22    Sec. 2-23. Kinds of dispositional orders.
23    (1) The following kinds of orders of disposition may be
24made in respect of wards of the court:
25        (a) A minor found to be neglected or abused under

 

 

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1    Section 2-3 or dependent under Section 2-4 may be (1)
2    continued in the custody of his or her parents, guardian
3    or legal custodian; (2) placed in accordance with Section
4    2-27; (3) restored to the custody of the parent, parents,
5    guardian, or legal custodian, provided the court shall
6    order the parent, parents, guardian, or legal custodian to
7    cooperate with the Department of Children and Family
8    Services and comply with the terms of an after-care plan
9    or risk the loss of custody of the child and the possible
10    termination of their parental rights; or (4) ordered
11    partially or completely emancipated in accordance with the
12    provisions of the Emancipation of Minors Act.
13        If the minor is being restored to the custody of a
14    parent, legal custodian, or guardian who lives outside of
15    Illinois, and an Interstate Compact has been requested and
16    refused, the court may order the Department of Children
17    and Family Services to arrange for an assessment of the
18    minor's proposed living arrangement and for ongoing
19    monitoring of the health, safety, and best interest of the
20    minor and compliance with any order of protective
21    supervision entered in accordance with Section 2-24.
22        However, in any case in which a minor is found by the
23    court to be neglected or abused under Section 2-3 of this
24    Act, custody of the minor shall not be restored to any
25    parent, guardian or legal custodian whose acts or
26    omissions or both have been identified, pursuant to

 

 

HB3595 Enrolled- 20 -LRB102 16555 RLC 21951 b

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

 

 

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

 

 

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1does not operate to close proceedings on the pending petition,
2but is subject to modification, not inconsistent with Section
32-28, until final closing and discharge of the proceedings
4under Section 2-31.
5    (3) The court also shall enter any other orders necessary
6to fulfill the service plan, including, but not limited to,
7(i) orders requiring parties to cooperate with services, (ii)
8restraining orders controlling the conduct of any party likely
9to frustrate the achievement of the goal, and (iii) visiting
10orders. When the child is placed separately from a sibling,
11the court shall review the Sibling Contact Support Plan
12developed under subsection (f) of Section 7.4 of the Children
13and Family Services Act, if applicable. If the Department has
14not convened a meeting to develop a Sibling Contact Support
15Plan, or if the court finds that the existing Plan is not in
16the child's best interest, the court may enter an order
17requiring the Department to develop and implement a Sibling
18Contact Support Plan under subsection (f) of Section 7.4 of
19the Children and Family Services Act or order mediation.
20Unless otherwise specifically authorized by law, the court is
21not empowered under this subsection (3) to order specific
22placements, specific services, or specific service providers
23to be included in the plan. If, after receiving evidence, the
24court determines that the services contained in the plan are
25not reasonably calculated to facilitate achievement of the
26permanency goal, the court shall put in writing the factual

 

 

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

 

 

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1the minor from that placement when a change in circumstances
2necessitates the removal to protect the minor's health,
3safety, and best interest. If the Department determines
4removal is necessary, the Department shall notify the parties
5of the planned placement change in writing no later than 10
6days prior to the implementation of its determination unless
7remaining in the placement poses an imminent risk of harm to
8the minor, in which case the Department shall notify the
9parties of the placement change in writing immediately
10following the implementation of its decision. The Department
11shall notify others of the decision to change the minor's
12placement as required by Department rule.
13    (4) In addition to any other order of disposition, the
14court may order any minor adjudicated neglected with respect
15to his or her own injurious behavior to make restitution, in
16monetary or non-monetary form, under the terms and conditions
17of Section 5-5-6 of the Unified Code of Corrections, except
18that the "presentence hearing" referred to therein shall be
19the dispositional hearing for purposes of this Section. The
20parent, guardian or legal custodian of the minor may pay some
21or all of such restitution on the minor's behalf.
22    (5) Any order for disposition where the minor is committed
23or placed in accordance with Section 2-27 shall provide for
24the parents or guardian of the estate of such minor to pay to
25the legal custodian or guardian of the person of the minor such
26sums as are determined by the custodian or guardian of the

 

 

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1person of the minor as necessary for the minor's needs. Such
2payments may not exceed the maximum amounts provided for by
3Section 9.1 of the Children and Family Services Act.
4    (6) Whenever the order of disposition requires the minor
5to attend school or participate in a program of training, the
6truant officer or designated school official shall regularly
7report to the court if the minor is a chronic or habitual
8truant under Section 26-2a of the School Code.
9    (7) The court may terminate the parental rights of a
10parent at the initial dispositional hearing if all of the
11conditions in subsection (5) of Section 2-21 are met.
12(Source: P.A. 100-45, eff. 8-11-17; 100-978, eff. 8-19-18;
13101-79, eff. 7-12-19.)
 
14    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
15    Sec. 2-28. Court review.
16    (1) The court may require any legal custodian or guardian
17of the person appointed under this Act to report periodically
18to the court or may cite him into court and require him or his
19agency, to make a full and accurate report of his or its doings
20in behalf of the minor. The custodian or guardian, within 10
21days after such citation, or earlier if the court determines
22it to be necessary to protect the health, safety, or welfare of
23the minor, shall make the report, either in writing verified
24by affidavit or orally under oath in open court, or otherwise
25as the court directs. Upon the hearing of the report the court

 

 

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

 

 

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1    Justice facility solely because the public agency cannot
2    find an appropriate placement for the minor.
3    The report shall explain the steps the agency is taking to
4ensure the minor is placed appropriately, how the minor's
5needs are being met in the minor's shelter placement, and if a
6future placement has been identified by the Department, why
7the anticipated placement is appropriate for the needs of the
8minor and the anticipated placement date.
9    (1.6) Within 35 days after placing a child in its care in a
10qualified residential treatment program, as defined by the
11federal Social Security Act, the Department of Children and
12Family Services shall file a written report with the court and
13send copies of the report to all parties. Within 20 days of the
14filing of the report, the court shall hold a hearing to
15consider the Department's report and determine whether
16placement of the child in a qualified residential treatment
17program provides the most effective and appropriate level of
18care for the child in the least restrictive environment and if
19the placement is consistent with the short-term and long-term
20goals for the child, as specified in the permanency plan for
21the child. The court shall approve or disapprove the
22placement. If applicable, the requirements of Sections 2-27.1
23and 2-27.2 must also be met. The Department's written report
24and the court's written determination shall be included in and
25made part of the case plan for the child. If the child remains
26placed in a qualified residential treatment program, the

 

 

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1Department shall submit evidence at each status and permanency
2hearing:
3        (1) demonstrating that on-going assessment of the
4    strengths and needs of the child continues to support the
5    determination that the child's needs cannot be met through
6    placement in a foster family home, that the placement
7    provides the most effective and appropriate level of care
8    for the child in the least restrictive, appropriate
9    environment, and that the placement is consistent with the
10    short-term and long-term permanency goal for the child, as
11    specified in the permanency plan for the child;
12        (2) documenting the specific treatment or service
13    needs that should be met for the child in the placement and
14    the length of time the child is expected to need the
15    treatment or services; and
16        (3) the efforts made by the agency to prepare the
17    child to return home or to be placed with a fit and willing
18    relative, a legal guardian, or an adoptive parent, or in a
19    foster family home.
20    (2) The first permanency hearing shall be conducted by the
21judge. Subsequent permanency hearings may be heard by a judge
22or by hearing officers appointed or approved by the court in
23the manner set forth in Section 2-28.1 of this Act. The initial
24hearing shall be held (a) within 12 months from the date
25temporary custody was taken, regardless of whether an
26adjudication or dispositional hearing has been completed

 

 

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

 

 

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

 

 

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1the court, the moving party shall move for the setting of a
2permanency hearing and the entry of an order within the time
3frames set forth in this subsection.
4    At the permanency hearing, the court shall determine the
5future status of the child. The court shall set one of the
6following permanency goals:
7        (A) The minor will be returned home by a specific date
8    within 5 months.
9        (B) The minor will be in short-term care with a
10    continued goal to return home within a period not to
11    exceed one year, where the progress of the parent or
12    parents is substantial giving particular consideration to
13    the age and individual needs of the minor.
14        (B-1) The minor will be in short-term care with a
15    continued goal to return home pending a status hearing.
16    When the court finds that a parent has not made reasonable
17    efforts or reasonable progress to date, the court shall
18    identify what actions the parent and the Department must
19    take in order to justify a finding of reasonable efforts
20    or reasonable progress and shall set a status hearing to
21    be held not earlier than 9 months from the date of
22    adjudication nor later than 11 months from the date of
23    adjudication during which the parent's progress will again
24    be reviewed.
25        (C) The minor will be in substitute care pending court
26    determination on termination of parental rights.

 

 

HB3595 Enrolled- 32 -LRB102 16555 RLC 21951 b

1        (D) Adoption, provided that parental rights have been
2    terminated or relinquished.
3        (E) The guardianship of the minor will be transferred
4    to an individual or couple on a permanent basis provided
5    that goals (A) through (D) have been ruled out.
6        (F) The minor over age 15 will be in substitute care
7    pending independence. In selecting this permanency goal,
8    the Department of Children and Family Services may provide
9    services to enable reunification and to strengthen the
10    minor's connections with family, fictive kin, and other
11    responsible adults, provided the services are in the
12    minor's best interest. The services shall be documented in
13    the service plan.
14        (G) The minor will be in substitute care because he or
15    she cannot be provided for in a home environment due to
16    developmental disabilities or mental illness or because he
17    or she is a danger to self or others, provided that goals
18    (A) through (D) have been ruled out.
19    In selecting any permanency goal, the court shall indicate
20in writing the reasons the goal was selected and why the
21preceding goals were ruled out. Where the court has selected a
22permanency goal other than (A), (B), or (B-1), the Department
23of Children and Family Services shall not provide further
24reunification services, except as provided in paragraph (F) of
25this subsection (2), but shall provide services consistent
26with the goal selected.

 

 

HB3595 Enrolled- 33 -LRB102 16555 RLC 21951 b

1        (H) Notwithstanding any other provision in this
2    Section, the court may select the goal of continuing
3    foster care as a permanency goal if:
4            (1) The Department of Children and Family Services
5        has custody and guardianship of the minor;
6            (2) The court has ruled out all other permanency
7        goals based on the child's best interest;
8            (3) The court has found compelling reasons, based
9        on written documentation reviewed by the court, to
10        place the minor in continuing foster care. Compelling
11        reasons include:
12                (a) the child does not wish to be adopted or to
13            be placed in the guardianship of his or her
14            relative or foster care placement;
15                (b) the child exhibits an extreme level of
16            need such that the removal of the child from his or
17            her placement would be detrimental to the child;
18            or
19                (c) the child who is the subject of the
20            permanency hearing has existing close and strong
21            bonds with a sibling, and achievement of another
22            permanency goal would substantially interfere with
23            the subject child's sibling relationship, taking
24            into consideration the nature and extent of the
25            relationship, and whether ongoing contact is in
26            the subject child's best interest, including

 

 

HB3595 Enrolled- 34 -LRB102 16555 RLC 21951 b

1            long-term emotional interest, as compared with the
2            legal and emotional benefit of permanence;
3            (4) The child has lived with the relative or
4        foster parent for at least one year; and
5            (5) The relative or foster parent currently caring
6        for the child is willing and capable of providing the
7        child with a stable and permanent environment.
8    The court shall set a permanency goal that is in the best
9interest of the child. In determining that goal, the court
10shall consult with the minor in an age-appropriate manner
11regarding the proposed permanency or transition plan for the
12minor. The court's determination shall include the following
13factors:
14        (1) Age of the child.
15        (2) Options available for permanence, including both
16    out-of-state and in-state placement options.
17        (3) Current placement of the child and the intent of
18    the family regarding adoption.
19        (4) Emotional, physical, and mental status or
20    condition of the child.
21        (5) Types of services previously offered and whether
22    or not the services were successful and, if not
23    successful, the reasons the services failed.
24        (6) Availability of services currently needed and
25    whether the services exist.
26        (7) Status of siblings of the minor.

 

 

HB3595 Enrolled- 35 -LRB102 16555 RLC 21951 b

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

 

 

HB3595 Enrolled- 36 -LRB102 16555 RLC 21951 b

1make findings that identify any problems that are causing
2continued placement of the children away from the home and
3identify what outcomes would be considered a resolution to
4these problems. The court shall explain to the parents that
5these findings are based on the information that the court has
6at that time and may be revised, should additional evidence be
7presented to the court.
8    The court shall review the Sibling Contact Support Plan
9developed or modified under subsection (f) of Section 7.4 of
10the Children and Family Services Act, if applicable. If the
11Department has not convened a meeting to develop or modify a
12Sibling Contact Support Plan, or if the court finds that the
13existing Plan is not in the child's best interest, the court
14may enter an order requiring the Department to develop, modify
15or implement a Sibling Contact Support Plan, or order
16mediation.
17    If the goal has been achieved, the court shall enter
18orders that are necessary to conform the minor's legal custody
19and status to those findings.
20    If, after receiving evidence, the court determines that
21the services contained in the plan are not reasonably
22calculated to facilitate achievement of the permanency goal,
23the court shall put in writing the factual basis supporting
24the determination and enter specific findings based on the
25evidence. The court also shall enter an order for the
26Department to develop and implement a new service plan or to

 

 

HB3595 Enrolled- 37 -LRB102 16555 RLC 21951 b

1implement changes to the current service plan consistent with
2the court's findings. The new service plan shall be filed with
3the court and served on all parties within 45 days of the date
4of the order. The court shall continue the matter until the new
5service plan is filed. Except as authorized by subsection
6(2.5) of this Section and as otherwise specifically authorized
7by law, the court is not empowered under this Section to order
8specific placements, specific services, or specific service
9providers to be included in the service plan.
10    A guardian or custodian appointed by the court pursuant to
11this Act shall file updated case plans with the court every 6
12months.
13    Rights of wards of the court under this Act are
14enforceable against any public agency by complaints for relief
15by mandamus filed in any proceedings brought under this Act.
16    (2.5) If, after reviewing the evidence, including evidence
17from the Department, the court determines that the minor's
18current or planned placement is not necessary or appropriate
19to facilitate achievement of the permanency goal, the court
20shall put in writing the factual basis supporting its
21determination and enter specific findings based on the
22evidence. If the court finds that the minor's current or
23planned placement is not necessary or appropriate, the court
24may enter an order directing the Department to implement a
25recommendation by the minor's treating clinician or a
26clinician contracted by the Department to evaluate the minor

 

 

HB3595 Enrolled- 38 -LRB102 16555 RLC 21951 b

1or a recommendation made by the Department. If the Department
2places a minor in a placement under an order entered under this
3subsection (2.5), the Department has the authority to remove
4the minor from that placement when a change in circumstances
5necessitates the removal to protect the minor's health,
6safety, and best interest. If the Department determines
7removal is necessary, the Department shall notify the parties
8of the planned placement change in writing no later than 10
9days prior to the implementation of its determination unless
10remaining in the placement poses an imminent risk of harm to
11the minor, in which case the Department shall notify the
12parties of the placement change in writing immediately
13following the implementation of its decision. The Department
14shall notify others of the decision to change the minor's
15placement as required by Department rule.
16    (3) Following the permanency hearing, the court shall
17enter a written order that includes the determinations
18required under subsection (2) of this Section and sets forth
19the following:
20        (a) The future status of the minor, including the
21    permanency goal, and any order necessary to conform the
22    minor's legal custody and status to such determination; or
23        (b) If the permanency goal of the minor cannot be
24    achieved immediately, the specific reasons for continuing
25    the minor in the care of the Department of Children and
26    Family Services or other agency for short term placement,

 

 

HB3595 Enrolled- 39 -LRB102 16555 RLC 21951 b

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

 

 

HB3595 Enrolled- 40 -LRB102 16555 RLC 21951 b

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

 

 

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

 

 

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1determination. In the event that the minor has attained 18
2years of age and the guardian or custodian petitions the court
3for an order terminating his guardianship or custody,
4guardianship or custody shall terminate automatically 30 days
5after the receipt of the petition unless the court orders
6otherwise. No legal custodian or guardian of the person may be
7removed without his consent until given notice and an
8opportunity to be heard by the court.
9    When the court orders a child restored to the custody of
10the parent or parents, the court shall order the parent or
11parents to cooperate with the Department of Children and
12Family Services and comply with the terms of an after-care
13plan, or risk the loss of custody of the child and possible
14termination of their parental rights. The court may also enter
15an order of protective supervision in accordance with Section
162-24.
17    If the minor is being restored to the custody of a parent,
18legal custodian, or guardian who lives outside of Illinois,
19and an Interstate Compact has been requested and refused, the
20court may order the Department of Children and Family Services
21to arrange for an assessment of the minor's proposed living
22arrangement and for ongoing monitoring of the health, safety,
23and best interest of the minor and compliance with any order of
24protective supervision entered in accordance with Section
252-24.
26    (5) Whenever a parent, guardian, or legal custodian files

 

 

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1a motion for restoration of custody of the minor, and the minor
2was adjudicated neglected, abused, or dependent as a result of
3physical abuse, the court shall cause to be made an
4investigation as to whether the movant has ever been charged
5with or convicted of any criminal offense which would indicate
6the likelihood of any further physical abuse to the minor.
7Evidence of such criminal convictions shall be taken into
8account in determining whether the minor can be cared for at
9home without endangering his or her health or safety and
10fitness of the parent, guardian, or legal custodian.
11        (a) Any agency of this State or any subdivision
12    thereof shall co-operate with the agent of the court in
13    providing any information sought in the investigation.
14        (b) The information derived from the investigation and
15    any conclusions or recommendations derived from the
16    information shall be provided to the parent, guardian, or
17    legal custodian seeking restoration of custody prior to
18    the hearing on fitness and the movant shall have an
19    opportunity at the hearing to refute the information or
20    contest its significance.
21        (c) All information obtained from any investigation
22    shall be confidential as provided in Section 5-150 of this
23    Act.
24(Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17;
25100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff.
268-19-18; 101-63, eff. 10-1-19.)
 

 

 

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1    (705 ILCS 405/2-33)
2    Sec. 2-33. Supplemental petition to reinstate wardship.
3    (1) Any time prior to a minor's 18th birthday, pursuant to
4a supplemental petition filed under this Section, the court
5may reinstate wardship and open a previously closed case when:
6        (a) wardship and guardianship under the Juvenile Court
7    Act of 1987 was vacated in conjunction with the
8    appointment of a private guardian under the Probate Act of
9    1975;
10        (b) the minor is not presently a ward of the court
11    under Article II of this Act nor is there a petition for
12    adjudication of wardship pending on behalf of the minor;
13    and
14        (c) it is in the minor's best interest that wardship
15    be reinstated.
16    (2) Any time prior to a minor's 21st birthday, pursuant to
17a supplemental petition filed under this Section, the court
18may reinstate wardship and open a previously closed case when:
19        (a) wardship and guardianship under this Act was
20    vacated pursuant to:
21            (i) an order entered under subsection (2) of
22        Section 2-31 in the case of a minor over the age of 18;
23            (ii) closure of a case under subsection (2) of
24        Section 2-31 in the case of a minor under the age of 18
25        who has been partially or completely emancipated in

 

 

HB3595 Enrolled- 45 -LRB102 16555 RLC 21951 b

1        accordance with the Emancipation of Minors Act; or
2            (iii) an order entered under subsection (3) of
3        Section 2-31 based on the minor's attaining the age of
4        19 years before the effective date of this amendatory
5        Act of the 101st General Assembly;
6        (b) the minor is not presently a ward of the court
7    under Article II of this Act nor is there a petition for
8    adjudication of wardship pending on behalf of the minor;
9    and
10        (c) it is in the minor's best interest that wardship
11    be reinstated.
12    (3) The supplemental petition must be filed in the same
13proceeding in which the original adjudication order was
14entered. Unless excused by court for good cause shown, the
15petitioner shall give notice of the time and place of the
16hearing on the supplemental petition, in person or by mail, to
17the minor, if the minor is 14 years of age or older, and to the
18parties to the juvenile court proceeding. Notice shall be
19provided at least 3 court days in advance of the hearing date.
20    (3.5) Whenever a petition is filed to reinstate wardship
21pursuant to subsection (1), prior to granting the petition,
22the court may order the Department of Children and Family
23Services to assess the minor's current and proposed living
24arrangements and to provide ongoing monitoring of the health,
25safety, and best interest of the minor during the pendency of
26the petition to assist the court in making that determination.

 

 

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1    (4) A minor who is the subject of a petition to reinstate
2wardship under this Section shall be provided with
3representation in accordance with Sections 1-5 and 2-17 of
4this Act.
5    (5) Whenever a minor is committed to the Department of
6Children and Family Services for care and services following
7the reinstatement of wardship under this Section, the
8Department shall:
9        (a) Within 30 days of such commitment, prepare and
10    file with the court a case plan which complies with the
11    federal Adoption Assistance and Child Welfare Act of 1980
12    and is consistent with the health, safety and best
13    interests of the minor; and
14        (b) Promptly refer the minor for such services as are
15    necessary and consistent with the minor's health, safety
16    and best interests.
17(Source: P.A. 101-78, eff. 7-12-19.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.