Full Text of HB0114 99th General Assembly
HB0114ham004 99TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 4/13/2016
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| 1 | | AMENDMENT TO HOUSE BILL 114
| 2 | | AMENDMENT NO. ______. Amend House Bill 114, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 6 | | changing 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 | 10 | | of the person
appointed under this Act, including the | 11 | | Department of Juvenile Justice for youth committed under | 12 | | Section 5-750 of this Act, to report periodically to the court | 13 | | or may cite him
or her into court and require him or her, or his | 14 | | or her agency, to make a full
and accurate report of
his or her | 15 | | or its doings in behalf of the minor, including efforts to | 16 | | secure post-release placement of the youth after release from |
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| 1 | | the Department's facilities. The legal custodian or
guardian,
| 2 | | within 10 days after the citation, shall make the report, | 3 | | either in writing
verified by affidavit or orally under oath in | 4 | | open court, or otherwise as the
court directs. Upon the hearing | 5 | | of the report the court may remove the legal
custodian or | 6 | | guardian and appoint another in his or her stead or restore the
| 7 | | minor to
the custody of his or her parents or former guardian | 8 | | or legal custodian.
| 9 | | (2) If the Department of Children and Family Services is | 10 | | appointed legal custodian or guardian of a minor under this | 11 | | Act, the Department of Children and Family Services A guardian | 12 | | or legal custodian appointed by the court under this
Act shall | 13 | | file updated case plans with the court every 6 months. Every | 14 | | agency
which has guardianship of a child shall file a | 15 | | supplemental petition for court
review, or review by an | 16 | | administrative body appointed or approved by the court
and | 17 | | further order within 18 months of the sentencing order and each | 18 | | 18 months
thereafter. The petition shall state facts relative | 19 | | to the child's present
condition of physical, mental and | 20 | | emotional health as well as facts relative to
his or her | 21 | | present custodial or foster care. The petition shall be set for
| 22 | | hearing
and the clerk shall mail 10 days notice of the hearing | 23 | | by certified mail,
return receipt requested, to the person or | 24 | | agency having the physical custody
of the child, the minor and | 25 | | other interested parties unless a
written waiver of notice is | 26 | | filed with the petition.
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| 1 | | If the minor is in the custody of the Illinois Department | 2 | | of Children and Family Services, pursuant to an order entered | 3 | | under this Article, the court shall conduct permanency hearings | 4 | | as set out in subsections (1), (2), and (3) of Section 2-28 of | 5 | | Article II of this Act. | 6 | | Rights of wards of the court under this Act are enforceable | 7 | | against any
public agency by complaints for relief by mandamus | 8 | | filed in any proceedings
brought under this Act.
| 9 | | (3) The minor or any person interested in the minor may | 10 | | apply to the court
for a change in custody of the minor and the | 11 | | appointment of a new custodian or
guardian of the person or for | 12 | | the restoration of the minor to the custody of
his or her | 13 | | parents or former guardian or custodian. In the event that the
| 14 | | minor has
attained 18 years of age and the guardian or | 15 | | custodian petitions the court for
an order terminating his or | 16 | | her guardianship or custody, guardianship or legal
custody
| 17 | | shall terminate automatically 30 days after the receipt of the | 18 | | petition unless
the
court orders otherwise. No legal custodian | 19 | | or guardian of the person may be
removed without his or her | 20 | | consent until given notice and an opportunity to be
heard by | 21 | | the court.
| 22 | | (4) If the minor is committed to the Department of Juvenile | 23 | | Justice under Section 5-750 of this Act, the Department shall | 24 | | notify the court in writing of the occurrence of any of the | 25 | | following: | 26 | | (a) a critical incident involving a youth committed to |
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| 1 | | the Department; as used in this paragraph (a), "critical | 2 | | incident" means any incident that involves a serious risk | 3 | | to the life, health, or well-being of the youth and | 4 | | includes, but is not limited to, an accident or suicide | 5 | | attempt resulting in serious bodily harm or | 6 | | hospitalization, psychiatric hospitalization, alleged or | 7 | | suspected abuse, or escape or attempted escape from | 8 | | custody, filed within 10 days of the occurrence; | 9 | | (b) a youth who has been released by the Prisoner | 10 | | Review Board but remains in a Department facility solely | 11 | | because the youth does not have an approved aftercare | 12 | | release host site, filed within 10 days of the occurrence; | 13 | | (c) a youth, except a youth who has been adjudicated a | 14 | | habitual or violent juvenile offender under Section 5-815 | 15 | | or 5-820 of this Act or committed for first degree murder, | 16 | | who has been held in a Department facility for over one | 17 | | consecutive year; or | 18 | | (d) if a report has been filed under paragraph (c) of | 19 | | this subsection, a supplemental report shall be filed every | 20 | | 6 months thereafter. | 21 | | The notification required by this subsection (4) shall contain | 22 | | a brief description of the incident or situation and a summary | 23 | | of the youth's current physical, mental, and emotional health | 24 | | and the actions the Department took in response to the incident | 25 | | or to identify an aftercare release host site, as applicable. | 26 | | Upon receipt of the notification, the court may require the |
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| 1 | | Department to make a full report under subsection (1) of this | 2 | | Section. | 3 | | (5) With respect to any report required to be filed with | 4 | | the court under this Section, the Independent Juvenile | 5 | | Ombudsman shall provide a copy to the minor's court appointed | 6 | | guardian ad litem, if the Department has received written | 7 | | notice of the appointment, and to the minor's attorney, if the | 8 | | Department has received written notice of representation from | 9 | | the attorney. If the Department has a record that a guardian | 10 | | has been appointed for the minor and a record of the last known | 11 | | address of the minor's court appointed guardian, the | 12 | | Independent Juvenile Ombudsman shall send a notice to the | 13 | | guardian that the report is available and will be provided by | 14 | | the Independent Juvenile Ombudsman upon request. If the | 15 | | Department has no record regarding the appointment of a | 16 | | guardian for the minor, and the Department's records include | 17 | | the last known addresses of the minor's parents, the | 18 | | Independent Juvenile Ombudsman shall send a notice to the | 19 | | parents that the report is available and will be provided by | 20 | | the Independent Juvenile Ombudsman upon request. | 21 | | (Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)".
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