Illinois General Assembly - Full Text of HB4496
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Full Text of HB4496  98th General Assembly


Rep. Mary E. Flowers

Filed: 3/4/2014





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2    AMENDMENT NO. ______. Amend House Bill 4496 by replacing
3everything after the enacting clause with the following:
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,



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1within 10 days after the citation, shall make the report,
2either in writing verified by affidavit or orally under oath in
3open court, or otherwise as the court directs. Upon the hearing
4of the report the court may remove the legal custodian or
5guardian and appoint another in his or her stead or restore the
6minor to the custody of his or her parents or former guardian
7or legal custodian.
8    (2) A guardian or legal custodian appointed by the court
9under this Act shall file updated case plans with the court
10every 6 months. Every agency which has guardianship of a child
11shall file a supplemental petition for court review, or review
12by an administrative body appointed or approved by the court
13and further order within 18 months of the sentencing order and
14each 18 months thereafter. The petition shall state facts
15relative to the child's present condition of physical, mental
16and emotional health as well as facts relative to his or her
17present custodial or foster care. The petition shall be set for
18hearing and the clerk shall mail 10 days notice of the hearing
19by certified mail, return receipt requested, to the person or
20agency having the physical custody of the child, the minor and
21other interested parties unless a written waiver of notice is
22filed with the petition.
23    If the minor is in the custody of the Illinois Department
24of Children and Family Services, pursuant to an order entered
25under this Article, the court shall conduct permanency hearings
26as set out in subsections (1), (2), and (3) of Section 2-28 of



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1Article II of this Act.
2    Rights of wards of the court under this Act are enforceable
3against any public agency by complaints for relief by mandamus
4filed in any proceedings brought under this Act.
5    (2.1) The following provisions apply if the minor is in the
6physical custody of the Department of Juvenile Justice. The
7Department of Juvenile Justice shall file updated case plans
8with the court every 6 months. The plan shall also be provided
9to the minor's court appointed guardian ad litem, when the
10Department has received written notice of the appointment and a
11copy of the order making the appointment. When the court record
12includes last known addresses for the minor's parents and
13guardian, the Department shall send a notice to the parents or
14guardian that the plan is available and the Department shall
15provide the plan to the parents or guardian upon request. The
16plan shall include:
17        (a) information as to the minor's physical, mental, and
18    emotional health;
19        (b) a summary of the services provided to the minor to
20    address the minor's physical, mental, and emotional
21    health;
22        (c) a description of the minor's general well-being,
23    including whether any information exists that the minor has
24    been abused or neglected while in the custody of the
25    Department;
26        (d) a description of the minor's unmet physical,



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1    mental, and emotional health and educational needs which
2    have been identified by the Department and the plan to
3    address these needs;
4        (e) information as to the Department's efforts to
5    secure post-release placement of the minor after release
6    from the Department. The plan shall specifically state
7    whether the minor remains in the physical custody of the
8    Department solely because a post-release placement has not
9    been secured;
10        (f) identification of the minor's grade level and
11    educational history, including information about whether
12    the minor has in the past or is currently receiving special
13    education services;
14        (g) if the minor is currently receiving special
15    education services a copy of the minor's Individualized
16    Education Plan shall be included in the service plan;
17        (h) identification of educational goals, educational
18    needs, and identifiable educational problems; and
19        (i) a determination as to the need for a case study
20    evaluation.
21    Upon receipt of the plan, the court shall review the report
22and determine whether a hearing would serve the minor's best
23interests. The guardian ad litem, parent, or guardian of the
24minor may request that the court schedule the matter for a
25hearing. When the court has set a hearing on the case plan, the
26clerk shall mail notice of the hearing to the Director of



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1Juvenile Justice and the minor's guardian ad litem at least 10
2days prior to the hearing and when the court record includes
3their last known addresses, to the minor's parents and
4guardian. If the minor does not have an attorney or guardian ad
5litem appointed, the court may appoint an attorney or guardian
6ad litem for the minor, or both. If after receiving evidence,
7the court determines that the services contained in the plan
8are not reasonably calculated to prepare the minor for a
9successful reentry into the community, the court shall put in
10writing the factual basis supporting the determination and
11enter specific findings based on the evidence. The court also
12shall enter an order for the Department to develop and
13implement a new service plan or to implement changes to the
14current service plan consistent with the court's findings. The
15new service plan shall be filed with the court and served on
16all parties within 45 days of the date of the order. The court
17shall continue the matter until the new service plan is filed.
18Unless otherwise specifically authorized by law, the court may
19not under subsection (2) or subsection (3) of this Section
20order specific placements, specific services, or specific
21service providers to be included in the plan.
22    (3) 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 or her
26parents or former guardian or custodian. In the event that the



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1minor has attained 18 years of age and the guardian or
2custodian petitions the court for an order terminating his or
3her guardianship or custody, guardianship or legal custody
4shall terminate automatically 30 days after the receipt of the
5petition unless the court orders otherwise. No legal custodian
6or guardian of the person may be removed without his or her
7consent until given notice and an opportunity to be heard by
8the court.
9(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)".