Illinois General Assembly - Full Text of SB2194
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Full Text of SB2194  102nd General Assembly




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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 2-28 as follows:
6    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
7    Sec. 2-28. Court review.
8    (1) The court may require any legal custodian or guardian
9of the person appointed under this Act to report periodically
10to the court or may cite him into court and require him or his
11agency, to make a full and accurate report of his or its doings
12in behalf of the minor. The custodian or guardian, within 10
13days after such citation, or earlier if the court determines
14it to be necessary to protect the health, safety, or welfare of
15the minor, shall make the report, either in writing verified
16by affidavit or orally under oath in open court, or otherwise
17as the court directs. Upon the hearing of the report the court
18may remove the custodian or guardian and appoint another in
19his stead or restore the minor to the custody of his parents or
20former guardian or custodian. However, custody of the minor
21shall not be restored to any parent, guardian or legal
22custodian in any case in which the minor is found to be
23neglected or abused under Section 2-3 or dependent under



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1Section 2-4 of this Act, unless the minor can be cared for at
2home without endangering the minor's health or safety and it
3is in the best interests of the minor, and if such neglect,
4abuse, or dependency is found by the court under paragraph (1)
5of Section 2-21 of this Act to have come about due to the acts
6or omissions or both of such parent, guardian or legal
7custodian, until such time as an investigation is made as
8provided in paragraph (5) and a hearing is held on the issue of
9the fitness of such parent, guardian or legal custodian to
10care for the minor and the court enters an order that such
11parent, guardian or legal custodian is fit to care for the
13    (1.5) The public agency that is the custodian or guardian
14of the minor shall file a written report with the court no
15later than 15 days after a minor in the agency's care remains:
16        (1) in a shelter placement beyond 30 days;
17        (2) in a psychiatric hospital past the time when the
18    minor is clinically ready for discharge or beyond medical
19    necessity for the minor's health; or
20        (3) in a detention center or Department of Juvenile
21    Justice facility solely because the public agency cannot
22    find an appropriate placement for the minor.
23    The report shall explain the steps the agency is taking to
24ensure the minor is placed appropriately, how the minor's
25needs are being met in the minor's shelter placement, and if a
26future placement has been identified by the Department, why



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1the anticipated placement is appropriate for the needs of the
2minor and the anticipated placement date.
3    (1.6) Within 35 days after placing a child in its care in a
4qualified residential treatment program, as defined by the
5federal Social Security Act, the Department of Children and
6Family Services shall file a written report with the court and
7send copies of the report to all parties. Within 20 days of the
8filing of the report, the court shall hold a hearing to
9consider the Department's report and determine whether
10placement of the child in a qualified residential treatment
11program provides the most effective and appropriate level of
12care for the child in the least restrictive environment and if
13the placement is consistent with the short-term and long-term
14goals for the child, as specified in the permanency plan for
15the child. The court shall approve or disapprove the
16placement. If applicable, the requirements of Sections 2-27.1
17and 2-27.2 must also be met. The Department's written report
18and the court's written determination shall be included in and
19made part of the case plan for the child. If the child remains
20placed in a qualified residential treatment program, the
21Department shall submit evidence at each status and permanency
23        (1) demonstrating that on-going assessment of the
24    strengths and needs of the child continues to support the
25    determination that the child's needs cannot be met through
26    placement in a foster family home, that the placement



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1    provides the most effective and appropriate level of care
2    for the child in the least restrictive, appropriate
3    environment, and that the placement is consistent with the
4    short-term and long-term permanency goal for the child, as
5    specified in the permanency plan for the child;
6        (2) documenting the specific treatment or service
7    needs that should be met for the child in the placement and
8    the length of time the child is expected to need the
9    treatment or services; and
10        (3) the efforts made by the agency to prepare the
11    child to return home or to be placed with a fit and willing
12    relative, a legal guardian, or an adoptive parent, or in a
13    foster family home.
14    (2) The first permanency hearing shall be conducted by the
15judge. Subsequent permanency hearings may be heard by a judge
16or by hearing officers appointed or approved by the court in
17the manner set forth in Section 2-28.1 of this Act. The initial
18hearing shall be held (a) within 12 months from the date
19temporary custody was taken, regardless of whether an
20adjudication or dispositional hearing has been completed
21within that time frame, (b) if the parental rights of both
22parents have been terminated in accordance with the procedure
23described in subsection (5) of Section 2-21, within 30 days of
24the order for termination of parental rights and appointment
25of a guardian with power to consent to adoption, or (c) in
26accordance with subsection (2) of Section 2-13.1. Subsequent



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1permanency hearings shall be held every 6 months or more
2frequently if necessary in the court's determination following
3the initial permanency hearing, in accordance with the
4standards set forth in this Section, until the court
5determines that the plan and goal have been achieved. Once the
6plan and goal have been achieved, if the minor remains in
7substitute care, the case shall be reviewed at least every 6
8months thereafter, subject to the provisions of this Section,
9unless the minor is placed in the guardianship of a suitable
10relative or other person and the court determines that further
11monitoring by the court does not further the health, safety or
12best interest of the child and that this is a stable permanent
13placement. The permanency hearings must occur within the time
14frames set forth in this subsection and may not be delayed in
15anticipation of a report from any source or due to the agency's
16failure to timely file its written report (this written report
17means the one required under the next paragraph and does not
18mean the service plan also referred to in that paragraph).
19    The public agency that is the custodian or guardian of the
20minor, or another agency responsible for the minor's care,
21shall ensure that all parties to the permanency hearings are
22provided a copy of the most recent service plan prepared
23within the prior 6 months at least 14 days in advance of the
24hearing. If not contained in the agency's service plan, the
25agency shall also include a report setting forth (i) any
26special physical, psychological, educational, medical,



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1emotional, or other needs of the minor or his or her family
2that are relevant to a permanency or placement determination
3and (ii) for any minor age 16 or over, a written description of
4the programs and services that will enable the minor to
5prepare for independent living. If not contained in the
6agency's service plan, the agency's report shall specify if a
7minor is placed in a licensed child care facility under a
8corrective plan by the Department due to concerns impacting
9the minor's safety and well-being. The report shall explain
10the steps the Department is taking to ensure the safety and
11well-being of the minor and that the minor's needs are met in
12the facility. The agency's written report must detail what
13progress or lack of progress the parent has made in correcting
14the conditions requiring the child to be in care; whether the
15child can be returned home without jeopardizing the child's
16health, safety, and welfare, and if not, what permanency goal
17is recommended to be in the best interests of the child, and
18why the other permanency goals are not appropriate. The
19caseworker must appear and testify at the permanency hearing.
20If a permanency hearing has not previously been scheduled by
21the court, the moving party shall move for the setting of a
22permanency hearing and the entry of an order within the time
23frames set forth in this subsection.
24    At the permanency hearing, the court shall determine the
25future status of the child. The court shall set one of the
26following permanency goals:



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



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



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



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



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



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



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



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



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



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



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1    terminated, and shall, as appropriate, foster and support
2    connections between the parent whose rights have been
3    terminated and the youth. The Department of Children and
4    Family Services shall document its determinations and
5    efforts to foster connections in the child's case plan.
6    Custody of the minor shall not be restored to any parent,
7guardian or legal custodian in any case in which the minor is
8found to be neglected or abused under Section 2-3 or dependent
9under Section 2-4 of this Act, unless the minor can be cared
10for at home without endangering his or her health or safety and
11it is in the best interest of the minor, and if such neglect,
12abuse, or dependency is found by the court under paragraph (1)
13of Section 2-21 of this Act to have come about due to the acts
14or omissions or both of such parent, guardian or legal
15custodian, until such time as an investigation is made as
16provided in paragraph (5) and a hearing is held on the issue of
17the health, safety and best interest of the minor and the
18fitness of such parent, guardian or legal custodian to care
19for the minor and the court enters an order that such parent,
20guardian or legal custodian is fit to care for the minor. In
21the event that the minor has attained 18 years of age and the
22guardian or custodian petitions the court for an order
23terminating his guardianship or custody, guardianship or
24custody shall terminate automatically 30 days after the
25receipt of the petition unless the court orders otherwise. No
26legal custodian or guardian of the person may be removed



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1without his consent until given notice and an opportunity to
2be heard by the court.
3    When the court orders a child restored to the custody of
4the parent or parents, the court shall order the parent or
5parents to cooperate with the Department of Children and
6Family Services and comply with the terms of an after-care
7plan, or risk the loss of custody of the child and possible
8termination of their parental rights. The court may also enter
9an order of protective supervision in accordance with Section
11    (5) Whenever a parent, guardian, or legal custodian files
12a motion for restoration of custody of the minor, and the minor
13was adjudicated neglected, abused, or dependent as a result of
14physical abuse, the court shall cause to be made an
15investigation as to whether the movant has ever been charged
16with or convicted of any criminal offense which would indicate
17the likelihood of any further physical abuse to the minor.
18Evidence of such criminal convictions shall be taken into
19account in determining whether the minor can be cared for at
20home without endangering his or her health or safety and
21fitness of the parent, guardian, or legal custodian.
22        (a) Any agency of this State or any subdivision
23    thereof shall co-operate with the agent of the court in
24    providing any information sought in the investigation.
25        (b) The information derived from the investigation and
26    any conclusions or recommendations derived from the



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1    information shall be provided to the parent, guardian, or
2    legal custodian seeking restoration of custody prior to
3    the hearing on fitness and the movant shall have an
4    opportunity at the hearing to refute the information or
5    contest its significance.
6        (c) All information obtained from any investigation
7    shall be confidential as provided in Section 5-150 of this
8    Act.
9(Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17;
10100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff.
118-19-18; 101-63, eff. 10-1-19.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.