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


Rep. Mary E. Flowers

Filed: 3/28/2014





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2    AMENDMENT NO. ______. Amend House Bill 4496, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Juvenile Court Act of 1987 is amended by
6changing Section 5-745 as follows:
7    (705 ILCS 405/5-745)
8    Sec. 5-745. Court review.
9    (1) The court may require any legal custodian or guardian
10of the person appointed under this Act, including the
11Department of Juvenile Justice for youth committed under
12Section 5-750 of this Act, to report periodically to the court
13or may cite him or her into court and require him or her, or his
14or her agency, to make a full and accurate report of his or her
15or its doings in behalf of the minor, including efforts to
16secure post-release placement of the youth after release from



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1the Department's facilities. The legal custodian or guardian,
2within 10 days after the citation, shall make the report,
3either in writing verified by affidavit or orally under oath in
4open court, or otherwise as the court directs. Upon the hearing
5of the report the court may remove the legal custodian or
6guardian and appoint another in his or her stead or restore the
7minor to the custody of his or her parents or former guardian
8or legal custodian.
9    (1.5) The Department of Juvenile Justice shall file a
10critical incident report with the court within 10 days of the
11occurrence of a critical incident involving a youth committed
12to the Department. "Critical incident" means an incident that
13involves a serious risk to the life, health, or wellbeing of
14the youth, including, but not limited to, an accident or
15suicide attempt resulting in serious bodily harm or
16hospitalization, psychiatric hospitalization, alleged or
17suspected abuse, or escape or attempted escape from custody.
18The report shall contain a brief description of the incident, a
19summary of the actions the Department took as a result of the
20incident, and relevant information regarding the youth's
21current physical, mental, and emotional health. Upon receipt of
22the critical incident report, the court shall review the report
23and may require the Department to make a full report under
24subsection (1) of this Section.
25    (2) A guardian or legal custodian appointed by the court
26under this Act shall file updated case plans with the court



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1every 6 months. Every agency which has guardianship of a child
2shall file a supplemental petition for court review, or review
3by an administrative body appointed or approved by the court
4and further order within 18 months of the sentencing order and
5each 18 months thereafter. The petition shall state facts
6relative to the child's present condition of physical, mental
7and emotional health as well as facts relative to his or her
8present custodial or foster care. The petition shall be set for
9hearing and the clerk shall mail 10 days notice of the hearing
10by certified mail, return receipt requested, to the person or
11agency having the physical custody of the child, the minor and
12other interested parties unless a written waiver of notice is
13filed with the petition.
14    If the minor is in the custody of the Illinois Department
15of Children and Family Services, pursuant to an order entered
16under this Article, the court shall conduct permanency hearings
17as set out in subsections (1), (2), and (3) of Section 2-28 of
18Article II of this Act.
19    Rights of wards of the court under this Act are enforceable
20against any public agency by complaints for relief by mandamus
21filed in any proceedings brought under this Act.
22    (2.1) The following provisions apply if the minor is in the
23physical custody of the Department of Juvenile Justice. The
24Department of Juvenile Justice shall file updated case plans
25with the court every 6 months. The plan shall also be provided
26to the minor's court appointed guardian ad litem, when the



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1Department has received written notice of the appointment and a
2copy of the order making the appointment. When the court record
3includes the last known addresses for the minor's parents and
4guardian, the Department shall send a notice to the parents or
5guardian that the plan is available and the Department shall
6provide the plan to the parents or guardian upon request. On or
7before January 1, 2015, the Department of Juvenile Justice
8shall adopt final rules setting out the information to be
9contained in the case plan. The rules shall require that the
10information in the case plan is sufficient to assist the court
11in determining whether the minor's incarceration is consistent
12with the goals under Section 5-101 of this Act. The rules shall
13ensure that the materials and information contained in the plan
14do not violate the minor's federal and State rights to privacy
15and confidentiality and shall establish procedures whereby
16these rights may be expressly waived in writing by the minor or
17the minor's guardian or parent if waiver is authorized by law.
18Upon receipt of the plan, the court shall review the case plan
19and determine whether a hearing would serve the minor's best
20interests. The guardian ad litem, parent, or guardian of the
21minor may request that the court conduct a hearing. When the
22court has set a hearing on the case plan, the clerk shall mail
23notice of the hearing to the Director of Juvenile Justice and
24the minor's guardian ad litem at least 10 days prior to the
25hearing and when the court record includes their last known
26addresses, to the minor's parents and guardian. If the minor



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1does not have an attorney or guardian ad litem appointed, the
2court may appoint an attorney or guardian ad litem, or both,
3for the minor. In conducting hearings under this Section, the
4court may take testimony of witnesses and order that the minor
5participate in the hearing by way of teleconferencing or
6audio-visual communication, if this communication technology
7is available. If after receiving evidence, the court determines
8that the services contained in the plan are not reasonably
9calculated to prepare the minor for a successful reentry into
10the community, the court shall put in writing the factual basis
11supporting the determination and enter specific findings based
12on the evidence. The court also shall enter an order for the
13Department to develop and implement a new case plan or to
14implement changes to the current case plan consistent with the
15court's findings. The new case plan shall be filed with the
16court and served on all parties within 45 days of the date of
17the order. The court shall continue the matter until the new
18case plan is filed. Unless otherwise specifically authorized by
19law, the court may not under this subsection (2.1) order
20specific placements, specific services, or specific service
21providers 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.)".