Illinois General Assembly - Full Text of SB1292
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Full Text of SB1292  97th General Assembly

SB1292enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB1292 EnrolledLRB097 02706 RLC 42725 b

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

 

 

SB1292 Enrolled- 2 -LRB097 02706 RLC 42725 b

1    (2) A guardian or legal custodian appointed by the court
2under this Act shall file updated case plans with the court
3every 6 months. Every agency which has guardianship of a child
4shall file a supplemental petition for court review, or review
5by an administrative body appointed or approved by the court
6and further order within 18 months of the sentencing order and
7each 18 months thereafter. The petition shall state facts
8relative to the child's present condition of physical, mental
9and emotional health as well as facts relative to his or her
10present custodial or foster care. The petition shall be set for
11hearing and the clerk shall mail 10 days notice of the hearing
12by certified mail, return receipt requested, to the person or
13agency having the physical custody of the child, the minor and
14other interested parties unless a written waiver of notice is
15filed with the petition.
16    If the minor is in the custody of the Illinois Department
17of Children and Family Services, pursuant to an order entered
18under this Article, the court shall conduct permanency hearings
19as set out in subsections (1), (2), and (3) of Section 2-28 of
20Article II of this Act.
21    Rights of wards of the court under this Act are enforceable
22against any public agency by complaints for relief by mandamus
23filed in any proceedings brought under this Act.
24    (3) The minor or any person interested in the minor may
25apply to the court for a change in custody of the minor and the
26appointment of a new custodian or guardian of the person or for

 

 

SB1292 Enrolled- 3 -LRB097 02706 RLC 42725 b

1the restoration of the minor to the custody of his or her
2parents or former guardian or custodian. In the event that the
3minor has attained 18 years of age and the guardian or
4custodian petitions the court for an order terminating his or
5her guardianship or custody, guardianship or legal custody
6shall terminate automatically 30 days after the receipt of the
7petition unless the court orders otherwise. No legal custodian
8or guardian of the person may be removed without his or her
9consent until given notice and an opportunity to be heard by
10the court.
11(Source: P.A. 96-178, eff. 1-1-10.)