Full Text of HB0114 99th General Assembly
HB0114enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing 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 | 9 | | of the person
appointed under this Act, including the | 10 | | Department of Juvenile Justice for youth committed under | 11 | | Section 5-750 of this Act, to report periodically to the court | 12 | | or may cite him
or her into court and require him or her, or his | 13 | | or her agency, to make a full
and accurate report of
his or her | 14 | | or its doings in behalf of the minor, including efforts to | 15 | | secure post-release placement of the youth after release from | 16 | | the Department's facilities. The legal custodian or
guardian,
| 17 | | within 10 days after the citation, shall make the report, | 18 | | either in writing
verified by affidavit or orally under oath in | 19 | | open court, or otherwise as the
court directs. Upon the hearing | 20 | | of the report the court may remove the legal
custodian or | 21 | | guardian and appoint another in his or her stead or restore the
| 22 | | minor to
the custody of his or her parents or former guardian | 23 | | or legal custodian.
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| 1 | | (2) If the Department of Children and Family Services is | 2 | | appointed legal custodian or guardian of a minor under this | 3 | | Act, the Department of Children and Family Services A guardian | 4 | | or legal custodian appointed by the court under this
Act shall | 5 | | file updated case plans with the court every 6 months. Every | 6 | | agency
which has guardianship of a child shall file a | 7 | | supplemental petition for court
review, or review by an | 8 | | administrative body appointed or approved by the court
and | 9 | | further order within 18 months of the sentencing order and each | 10 | | 18 months
thereafter. The petition shall state facts relative | 11 | | to the child's present
condition of physical, mental and | 12 | | emotional health as well as facts relative to
his or her | 13 | | present custodial or foster care. The petition shall be set for
| 14 | | hearing
and the clerk shall mail 10 days notice of the hearing | 15 | | by certified mail,
return receipt requested, to the person or | 16 | | agency having the physical custody
of the child, the minor and | 17 | | other interested parties unless a
written waiver of notice is | 18 | | filed with the petition.
| 19 | | If the minor is in the custody of the Illinois Department | 20 | | of Children and Family Services, pursuant to an order entered | 21 | | under this Article, the court shall conduct permanency hearings | 22 | | as set out in subsections (1), (2), and (3) of Section 2-28 of | 23 | | Article II of this Act. | 24 | | Rights of wards of the court under this Act are enforceable | 25 | | against any
public agency by complaints for relief by mandamus | 26 | | filed in any proceedings
brought under this Act.
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| 1 | | (3) The minor or any person interested in the minor may | 2 | | apply to the court
for a change in custody of the minor and the | 3 | | appointment of a new custodian or
guardian of the person or for | 4 | | the restoration of the minor to the custody of
his or her | 5 | | parents or former guardian or custodian. In the event that the
| 6 | | minor has
attained 18 years of age and the guardian or | 7 | | custodian petitions the court for
an order terminating his or | 8 | | her guardianship or custody, guardianship or legal
custody
| 9 | | shall terminate automatically 30 days after the receipt of the | 10 | | petition unless
the
court orders otherwise. No legal custodian | 11 | | or guardian of the person may be
removed without his or her | 12 | | consent until given notice and an opportunity to be
heard by | 13 | | the court.
| 14 | | (4) If the minor is committed to the Department of Juvenile | 15 | | Justice under Section 5-750 of this Act, the Department shall | 16 | | notify the court in writing of the occurrence of any of the | 17 | | following: | 18 | | (a) a critical incident involving a youth committed to | 19 | | the Department; as used in this paragraph (a), "critical | 20 | | incident" means any incident that involves a serious risk | 21 | | to the life, health, or well-being of the youth and | 22 | | includes, but is not limited to, an accident or suicide | 23 | | attempt resulting in serious bodily harm or | 24 | | hospitalization, psychiatric hospitalization, alleged or | 25 | | suspected abuse, or escape or attempted escape from | 26 | | custody, filed within 10 days of the occurrence; |
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| 1 | | (b) a youth who has been released by the Prisoner | 2 | | Review Board but remains in a Department facility solely | 3 | | because the youth does not have an approved aftercare | 4 | | release host site, filed within 10 days of the occurrence; | 5 | | (c) a youth, except a youth who has been adjudicated a | 6 | | habitual or violent juvenile offender under Section 5-815 | 7 | | or 5-820 of this Act or committed for first degree murder, | 8 | | who has been held in a Department facility for over one | 9 | | consecutive year; or | 10 | | (d) if a report has been filed under paragraph (c) of | 11 | | this subsection, a supplemental report shall be filed every | 12 | | 6 months thereafter. | 13 | | The notification required by this subsection (4) shall contain | 14 | | a brief description of the incident or situation and a summary | 15 | | of the youth's current physical, mental, and emotional health | 16 | | and the actions the Department took in response to the incident | 17 | | or to identify an aftercare release host site, as applicable. | 18 | | Upon receipt of the notification, the court may require the | 19 | | Department to make a full report under subsection (1) of this | 20 | | Section. | 21 | | (5) With respect to any report required to be filed with | 22 | | the court under this Section, the Independent Juvenile | 23 | | Ombudsman shall provide a copy to the minor's court appointed | 24 | | guardian ad litem, if the Department has received written | 25 | | notice of the appointment, and to the minor's attorney, if the | 26 | | Department has received written notice of representation from |
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| 1 | | the attorney. If the Department has a record that a guardian | 2 | | has been appointed for the minor and a record of the last known | 3 | | address of the minor's court appointed guardian, the | 4 | | Independent Juvenile Ombudsman shall send a notice to the | 5 | | guardian that the report is available and will be provided by | 6 | | the Independent Juvenile Ombudsman upon request. If the | 7 | | Department has no record regarding the appointment of a | 8 | | guardian for the minor, and the Department's records include | 9 | | the last known addresses of the minor's parents, the | 10 | | Independent Juvenile Ombudsman shall send a notice to the | 11 | | parents that the report is available and will be provided by | 12 | | the Independent Juvenile Ombudsman upon request. | 13 | | (Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)
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