HB2571 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2571

 

Introduced , by Rep. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 10/2.17  from Ch. 23, par. 2212.17
705 ILCS 405/2-28  from Ch. 37, par. 802-28

    Amends the Child Care Act of 1969. Provides that "foster family home" means a facility for child care in residences of families who receive no more than 6 (rather than 8) children unrelated to them, unless all the children are of common parentage, or residences of relatives who receive no more than 6 related children placed by the Department of Children and Family Services, unless the children are of common parentage, for the purpose of providing family care and training for the children on a full-time basis, except the Director of Children and Family Services, pursuant to Department regulations, may waive the numerical limitation of foster children who may be cared for in a foster family home for any of the following reasons to allow: (1) a parenting youth in foster care to remain with the child of the parenting youth; (2) siblings to remain together; (3) a child with an established meaningful relationship with the family to remain with the family; or (4) a family with special training or skills to provide care to a child who has a severe disability. Amends the Juvenile Court Act of 1987. Provides that within 35 days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department shall file a written report with the court and send copies of the report to all parties. Provides that within 20 days of the filing of the report, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. Makes other changes. Effective October 1, 2019.


LRB101 09451 SLF 54549 b

 

 

A BILL FOR

 

HB2571LRB101 09451 SLF 54549 b

1    AN ACT concerning minors.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Care Act of 1969 is amended by
5changing Section 2.17 as follows:
 
6    (225 ILCS 10/2.17)  (from Ch. 23, par. 2212.17)
7    Sec. 2.17. "Foster family home" means a facility for child
8care in residences of families who receive no more than 6 8
9children unrelated to them, unless all the children are of
10common parentage, or residences of relatives who receive no
11more than 6 8 related children placed by the Department, unless
12the children are of common parentage, for the purpose of
13providing family care and training for the children on a
14full-time basis, except the Director of Children and Family
15Services, pursuant to Department regulations, may waive the
16numerical limitation of foster children who may be cared for in
17a foster family home for any of the following reasons to allow:
18(1) a parenting youth in foster care to remain with the child
19of the parenting youth; (2) siblings to remain together; (3) a
20child with an established meaningful relationship with the
21family to remain with the family; or (4) a family with special
22training or skills to provide care to a child who has a severe
23disability limit of 8 children unrelated to an adoptive family

 

 

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1for good cause and only to facilitate an adoptive placement.
2The family's or relative's own children, under 18 years of age,
3shall be included in determining the maximum number of children
4served. For purposes of this Section, a "relative" includes any
5person, 21 years of age or over, other than the parent, who (i)
6is currently related to the child in any of the following ways
7by blood or adoption: grandparent, sibling, great-grandparent,
8uncle, aunt, nephew, niece, first cousin, great-uncle, or
9great-aunt; or (ii) is the spouse of such a relative; or (iii)
10is a child's step-father, step-mother, or adult step-brother or
11step-sister; or (iv) is a fictive kin; "relative" also includes
12a person related in any of the foregoing ways to a sibling of a
13child, even though the person is not related to the child, when
14the child and its sibling are placed together with that person.
15For purposes of placement of children pursuant to Section 7 of
16the Children and Family Services Act and for purposes of
17licensing requirements set forth in Section 4 of this Act, for
18children under the custody or guardianship of the Department
19pursuant to the Juvenile Court Act of 1987, after a parent
20signs a consent, surrender, or waiver or after a parent's
21rights are otherwise terminated, and while the child remains in
22the custody or guardianship of the Department, the child is
23considered to be related to those to whom the child was related
24under this Section prior to the signing of the consent,
25surrender, or waiver or the order of termination of parental
26rights. The term "foster family home" includes homes receiving

 

 

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1children from any State-operated institution for child care; or
2from any agency established by a municipality or other
3political subdivision of the State of Illinois authorized to
4provide care for children outside their own homes. The term
5"foster family home" does not include an "adoption-only home"
6as defined in Section 2.23 of this Act. The types of foster
7family homes are defined as follows:
8        (a) "Boarding home" means a foster family home which
9    receives payment for regular full-time care of a child or
10    children.
11        (b) "Free home" means a foster family home other than
12    an adoptive home which does not receive payments for the
13    care of a child or children.
14        (c) "Adoptive home" means a foster family home which
15    receives a child or children for the purpose of adopting
16    the child or children, but does not include an
17    adoption-only home.
18        (d) "Work-wage home" means a foster family home which
19    receives a child or children who pay part or all of their
20    board by rendering some services to the family not
21    prohibited by the Child Labor Law or by standards or
22    regulations of the Department prescribed under this Act.
23    The child or children may receive a wage in connection with
24    the services rendered the foster family.
25        (e) "Agency-supervised home" means a foster family
26    home under the direct and regular supervision of a licensed

 

 

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1    child welfare agency, of the Department of Children and
2    Family Services, of a circuit court, or of any other State
3    agency which has authority to place children in child care
4    facilities, and which receives no more than 8 children,
5    unless of common parentage, who are placed and are
6    regularly supervised by one of the specified agencies.
7        (f) "Independent home" means a foster family home,
8    other than an adoptive home, which receives no more than 4
9    children, unless of common parentage, directly from
10    parents, or other legally responsible persons, by
11    independent arrangement and which is not subject to direct
12    and regular supervision of a specified agency except as
13    such supervision pertains to licensing by the Department.
14(Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; 99-78,
15eff. 7-20-15; 99-833, eff. 1-1-17.)
 
16    Section 10. The Juvenile Court Act of 1987 is amended by
17changing Section 2-28 as follows:
 
18    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
19    Sec. 2-28. Court review.
20    (1) The court may require any legal custodian or guardian
21of the person appointed under this Act to report periodically
22to the court or may cite him into court and require him or his
23agency, to make a full and accurate report of his or its doings
24in behalf of the minor. The custodian or guardian, within 10

 

 

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1days after such citation, or earlier if the court determines it
2to be necessary to protect the health, safety, or welfare of
3the minor, shall make the report, either in writing verified by
4affidavit or orally under oath in open court, or otherwise as
5the court directs. Upon the hearing of the report the court may
6remove the custodian or guardian and appoint another in his
7stead or restore the minor to the custody of his parents or
8former guardian or custodian. However, custody of the minor
9shall not be restored to any parent, guardian or legal
10custodian in any case in which the minor is found to be
11neglected or abused under Section 2-3 or dependent under
12Section 2-4 of this Act, unless the minor can be cared for at
13home without endangering the minor's health or safety and it is
14in the best interests of the minor, and if such neglect, abuse,
15or dependency is found by the court under paragraph (1) of
16Section 2-21 of this Act to have come about due to the acts or
17omissions or both of such parent, guardian or legal custodian,
18until such time as an investigation is made as provided in
19paragraph (5) and a hearing is held on the issue of the fitness
20of such parent, guardian or legal custodian to care for the
21minor and the court enters an order that such parent, guardian
22or legal custodian is fit to care for the minor.
23    (1.5) The public agency that is the custodian or guardian
24of the minor shall file a written report with the court no
25later than 15 days after a minor in the agency's care remains:
26        (1) in a shelter placement beyond 30 days;

 

 

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1        (2) in a psychiatric hospital past the time when the
2    minor is clinically ready for discharge or beyond medical
3    necessity for the minor's health; or
4        (3) in a detention center or Department of Juvenile
5    Justice facility solely because the public agency cannot
6    find an appropriate placement for the minor.
7    The report shall explain the steps the agency is taking to
8ensure the minor is placed appropriately, how the minor's needs
9are being met in the minor's shelter placement, and if a future
10placement has been identified by the Department, why the
11anticipated placement is appropriate for the needs of the minor
12and the anticipated placement date.
13    (1.6) Within 35 days after placing a child in its care in a
14qualified residential treatment program, as defined by the
15federal Social Security Act, the Department of Children and
16Family Services shall file a written report with the court and
17send copies of the report to all parties. Within 20 days of the
18filing of the report, the court shall hold a hearing to
19consider the Department's report and determine whether
20placement of the child in a qualified residential treatment
21program provides the most effective and appropriate level of
22care for the child in the least restrictive environment and if
23the placement is consistent with the short-term and long-term
24goals for the child, as specified in the permanency plan for
25the child. The court shall approve or disapprove the placement.
26If applicable, the requirements of Sections 2-27.1 and 2-27.2

 

 

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1must also be met. The Department's written report and the
2court's written determination shall be included in and made
3part of the case plan for the child. If the child remains
4placed in a qualified residential treatment program, the
5Department shall submit evidence at each status and permanency
6hearing:
7        (1) demonstrating that on-going assessment of the
8    strengths and needs of the child continues to support the
9    determination that the child's needs cannot be met through
10    placement in a foster family home, that the placement
11    provides the most effective and appropriate level of care
12    for the child in the least restrictive, appropriate
13    environment, and that the placement is consistent with the
14    short-term and long-term permanency goal for the child, as
15    specified in the permanency plan for the child;
16        (2) documenting the specific treatment or service
17    needs that should be met for the child in the placement and
18    the length of time the child is expected to need the
19    treatment or services; and
20        (3) the efforts made by the agency to prepare the child
21    to return home or to be placed with a fit and willing
22    relative, a legal guardian, or an adoptive parent, or in a
23    foster family home.
24    (2) The first permanency hearing shall be conducted by the
25judge. Subsequent permanency hearings may be heard by a judge
26or by hearing officers appointed or approved by the court in

 

 

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1the manner set forth in Section 2-28.1 of this Act. The initial
2hearing shall be held (a) within 12 months from the date
3temporary custody was taken, regardless of whether an
4adjudication or dispositional hearing has been completed
5within that time frame, (b) if the parental rights of both
6parents have been terminated in accordance with the procedure
7described in subsection (5) of Section 2-21, within 30 days of
8the order for termination of parental rights and appointment of
9a guardian with power to consent to adoption, or (c) in
10accordance with subsection (2) of Section 2-13.1. Subsequent
11permanency hearings shall be held every 6 months or more
12frequently if necessary in the court's determination following
13the initial permanency hearing, in accordance with the
14standards set forth in this Section, until the court determines
15that the plan and goal have been achieved. Once the plan and
16goal have been achieved, if the minor remains in substitute
17care, the case shall be reviewed at least every 6 months
18thereafter, subject to the provisions of this Section, unless
19the minor is placed in the guardianship of a suitable relative
20or other person and the court determines that further
21monitoring by the court does not further the health, safety or
22best interest of the child and that this is a stable permanent
23placement. The permanency hearings must occur within the time
24frames set forth in this subsection and may not be delayed in
25anticipation of a report from any source or due to the agency's
26failure to timely file its written report (this written report

 

 

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1means the one required under the next paragraph and does not
2mean the service plan also referred to in that paragraph).
3    The public agency that is the custodian or guardian of the
4minor, or another agency responsible for the minor's care,
5shall ensure that all parties to the permanency hearings are
6provided a copy of the most recent service plan prepared within
7the prior 6 months at least 14 days in advance of the hearing.
8If not contained in the agency's service plan, the agency shall
9also include a report setting forth (i) any special physical,
10psychological, educational, medical, emotional, or other needs
11of the minor or his or her family that are relevant to a
12permanency or placement determination and (ii) for any minor
13age 16 or over, a written description of the programs and
14services that will enable the minor to prepare for independent
15living. If not contained in the agency's service plan, the
16agency's report shall specify if a minor is placed in a
17licensed child care facility under a corrective plan by the
18Department due to concerns impacting the minor's safety and
19well-being. The report shall explain the steps the Department
20is taking to ensure the safety and well-being of the minor and
21that the minor's needs are met in the facility. The agency's
22written report must detail what progress or lack of progress
23the parent has made in correcting the conditions requiring the
24child to be in care; whether the child can be returned home
25without jeopardizing the child's health, safety, and welfare,
26and if not, what permanency goal is recommended to be in the

 

 

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1best interests of the child, and why the other permanency goals
2are not appropriate. The caseworker must appear and testify at
3the permanency hearing. If a permanency hearing has not
4previously been scheduled by the court, the moving party shall
5move for the setting of a permanency hearing and the entry of
6an order within the time frames set forth in this subsection.
7    At the permanency hearing, the court shall determine the
8future status of the child. The court shall set one of the
9following permanency goals:
10        (A) The minor will be returned home by a specific date
11    within 5 months.
12        (B) The minor will be in short-term care with a
13    continued goal to return home within a period not to exceed
14    one year, where the progress of the parent or parents is
15    substantial giving particular consideration to the age and
16    individual needs of the minor.
17        (B-1) The minor will be in short-term care with a
18    continued goal to return home pending a status hearing.
19    When the court finds that a parent has not made reasonable
20    efforts or reasonable progress to date, the court shall
21    identify what actions the parent and the Department must
22    take in order to justify a finding of reasonable efforts or
23    reasonable progress and shall set a status hearing to be
24    held not earlier than 9 months from the date of
25    adjudication nor later than 11 months from the date of
26    adjudication during which the parent's progress will again

 

 

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1    be reviewed.
2        (C) The minor will be in substitute care pending court
3    determination on termination of parental rights.
4        (D) Adoption, provided that parental rights have been
5    terminated or relinquished.
6        (E) The guardianship of the minor will be transferred
7    to an individual or couple on a permanent basis provided
8    that goals (A) through (D) have been ruled out.
9        (F) The minor over age 15 will be in substitute care
10    pending independence. In selecting this permanency goal,
11    the Department of Children and Family Services may provide
12    services to enable reunification and to strengthen the
13    minor's connections with family, fictive kin, and other
14    responsible adults, provided the services are in the
15    minor's best interest. The services shall be documented in
16    the service plan.
17        (G) The minor will be in substitute care because he or
18    she cannot be provided for in a home environment due to
19    developmental disabilities or mental illness or because he
20    or she is a danger to self or others, provided that goals
21    (A) through (D) have been ruled out.
22    In selecting any permanency goal, the court shall indicate
23in writing the reasons the goal was selected and why the
24preceding goals were ruled out. Where the court has selected a
25permanency goal other than (A), (B), or (B-1), the Department
26of Children and Family Services shall not provide further

 

 

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1reunification services, except as provided in paragraph (F) of
2this subsection (2), but shall provide services consistent with
3the goal selected.
4        (H) Notwithstanding any other provision in this
5    Section, the court may select the goal of continuing foster
6    care as a permanency goal if:
7            (1) The Department of Children and Family Services
8        has custody and guardianship of the minor;
9            (2) The court has ruled out all other permanency
10        goals based on the child's best interest;
11            (3) The court has found compelling reasons, based
12        on written documentation reviewed by the court, to
13        place the minor in continuing foster care. Compelling
14        reasons include:
15                (a) the child does not wish to be adopted or to
16            be placed in the guardianship of his or her
17            relative or foster care placement;
18                (b) the child exhibits an extreme level of need
19            such that the removal of the child from his or her
20            placement would be detrimental to the child; or
21                (c) the child who is the subject of the
22            permanency hearing has existing close and strong
23            bonds with a sibling, and achievement of another
24            permanency goal would substantially interfere with
25            the subject child's sibling relationship, taking
26            into consideration the nature and extent of the

 

 

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1            relationship, and whether ongoing contact is in
2            the subject child's best interest, including
3            long-term emotional interest, as compared with the
4            legal and emotional benefit of permanence;
5            (4) The child has lived with the relative or foster
6        parent for at least one year; and
7            (5) The relative or foster parent currently caring
8        for the child is willing and capable of providing the
9        child with a stable and permanent environment.
10    The court shall set a permanency goal that is in the best
11interest of the child. In determining that goal, the court
12shall consult with the minor in an age-appropriate manner
13regarding the proposed permanency or transition plan for the
14minor. The court's determination shall include the following
15factors:
16        (1) Age of the child.
17        (2) Options available for permanence, including both
18    out-of-state and in-state placement options.
19        (3) Current placement of the child and the intent of
20    the family regarding adoption.
21        (4) Emotional, physical, and mental status or
22    condition of the child.
23        (5) Types of services previously offered and whether or
24    not the services were successful and, if not successful,
25    the reasons the services failed.
26        (6) Availability of services currently needed and

 

 

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1    whether the services exist.
2        (7) Status of siblings of the minor.
3    The court shall consider (i) the permanency goal contained
4in the service plan, (ii) the appropriateness of the services
5contained in the plan and whether those services have been
6provided, (iii) whether reasonable efforts have been made by
7all the parties to the service plan to achieve the goal, and
8(iv) whether the plan and goal have been achieved. All evidence
9relevant to determining these questions, including oral and
10written reports, may be admitted and may be relied on to the
11extent of their probative value.
12    The court shall make findings as to whether, in violation
13of Section 8.2 of the Abused and Neglected Child Reporting Act,
14any portion of the service plan compels a child or parent to
15engage in any activity or refrain from any activity that is not
16reasonably related to remedying a condition or conditions that
17gave rise or which could give rise to any finding of child
18abuse or neglect. The services contained in the service plan
19shall include services reasonably related to remedy the
20conditions that gave rise to removal of the child from the home
21of his or her parents, guardian, or legal custodian or that the
22court has found must be remedied prior to returning the child
23home. Any tasks the court requires of the parents, guardian, or
24legal custodian or child prior to returning the child home,
25must be reasonably related to remedying a condition or
26conditions that gave rise to or which could give rise to any

 

 

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1finding of child abuse or neglect.
2    If the permanency goal is to return home, the court shall
3make findings that identify any problems that are causing
4continued placement of the children away from the home and
5identify what outcomes would be considered a resolution to
6these problems. The court shall explain to the parents that
7these findings are based on the information that the court has
8at that time and may be revised, should additional evidence be
9presented to the court.
10    The court shall review the Sibling Contact Support Plan
11developed or modified under subsection (f) of Section 7.4 of
12the Children and Family Services Act, if applicable. If the
13Department has not convened a meeting to develop or modify a
14Sibling Contact Support Plan, or if the court finds that the
15existing Plan is not in the child's best interest, the court
16may enter an order requiring the Department to develop, modify
17or implement a Sibling Contact Support Plan, or order
18mediation.
19    If the goal has been achieved, the court shall enter orders
20that are necessary to conform the minor's legal custody and
21status to those findings.
22    If, after receiving evidence, the court determines that the
23services contained in the plan are not reasonably calculated to
24facilitate achievement of the permanency goal, the court shall
25put in writing the factual basis supporting the determination
26and enter specific findings based on the evidence. The court

 

 

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1also shall enter an order for the Department to develop and
2implement a new service plan or to implement changes to the
3current service plan consistent with the court's findings. The
4new service plan shall be filed with the court and served on
5all parties within 45 days of the date of the order. The court
6shall continue the matter until the new service plan is filed.
7Except as authorized by subsection (2.5) of this Section and as
8otherwise specifically authorized by law, the court is not
9empowered under this Section to order specific placements,
10specific services, or specific service providers to be included
11in the service plan.
12    A guardian or custodian appointed by the court pursuant to
13this Act shall file updated case plans with the court every 6
14months.
15    Rights of wards of the court under this Act are enforceable
16against any public agency by complaints for relief by mandamus
17filed in any proceedings brought under this Act.
18    (2.5) If, after reviewing the evidence, including evidence
19from the Department, the court determines that the minor's
20current or planned placement is not necessary or appropriate to
21facilitate achievement of the permanency goal, the court shall
22put in writing the factual basis supporting its determination
23and enter specific findings based on the evidence. If the court
24finds that the minor's current or planned placement is not
25necessary or appropriate, the court may enter an order
26directing the Department to implement a recommendation by the

 

 

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1minor's treating clinician or a clinician contracted by the
2Department to evaluate the minor or a recommendation made by
3the Department. If the Department places a minor in a placement
4under an order entered under this subsection (2.5), the
5Department has the authority to remove the minor from that
6placement when a change in circumstances necessitates the
7removal to protect the minor's health, safety, and best
8interest. If the Department determines removal is necessary,
9the Department shall notify the parties of the planned
10placement change in writing no later than 10 days prior to the
11implementation of its determination unless remaining in the
12placement poses an imminent risk of harm to the minor, in which
13case the Department shall notify the parties of the placement
14change in writing immediately following the implementation of
15its decision. The Department shall notify others of the
16decision to change the minor's placement as required by
17Department rule.
18    (3) Following the permanency hearing, the court shall enter
19a written order that includes the determinations required under
20subsection (2) of this Section and sets forth the following:
21        (a) The future status of the minor, including the
22    permanency goal, and any order necessary to conform the
23    minor's legal custody and status to such determination; or
24        (b) If the permanency goal of the minor cannot be
25    achieved immediately, the specific reasons for continuing
26    the minor in the care of the Department of Children and

 

 

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1    Family Services or other agency for short term placement,
2    and the following determinations:
3            (i) (Blank).
4            (ii) Whether the services required by the court and
5        by any service plan prepared within the prior 6 months
6        have been provided and (A) if so, whether the services
7        were reasonably calculated to facilitate the
8        achievement of the permanency goal or (B) if not
9        provided, why the services were not provided.
10            (iii) Whether the minor's current or planned
11        placement is necessary, and appropriate to the plan and
12        goal, recognizing the right of minors to the least
13        restrictive (most family-like) setting available and
14        in close proximity to the parents' home consistent with
15        the health, safety, best interest and special needs of
16        the minor and, if the minor is placed out-of-state,
17        whether the out-of-state placement continues to be
18        appropriate and consistent with the health, safety,
19        and best interest of the minor.
20            (iv) (Blank).
21            (v) (Blank).
22    (4) 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 parents or
26former guardian or custodian.

 

 

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1    When return home is not selected as the permanency goal:
2        (a) The Department, the minor, or the current foster
3    parent or relative caregiver seeking private guardianship
4    may file a motion for private guardianship of the minor.
5    Appointment of a guardian under this Section requires
6    approval of the court.
7        (b) The State's Attorney may file a motion to terminate
8    parental rights of any parent who has failed to make
9    reasonable efforts to correct the conditions which led to
10    the removal of the child or reasonable progress toward the
11    return of the child, as defined in subdivision (D)(m) of
12    Section 1 of the Adoption Act or for whom any other
13    unfitness ground for terminating parental rights as
14    defined in subdivision (D) of Section 1 of the Adoption Act
15    exists.
16        When parental rights have been terminated for a minimum
17    of 3 years and the child who is the subject of the
18    permanency hearing is 13 years old or older and is not
19    currently placed in a placement likely to achieve
20    permanency, the Department of Children and Family Services
21    shall make reasonable efforts to locate parents whose
22    rights have been terminated, except when the Court
23    determines that those efforts would be futile or
24    inconsistent with the subject child's best interests. The
25    Department of Children and Family Services shall assess the
26    appropriateness of the parent whose rights have been

 

 

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1    terminated, and shall, as appropriate, foster and support
2    connections between the parent whose rights have been
3    terminated and the youth. The Department of Children and
4    Family Services shall document its determinations and
5    efforts to foster connections in the child's case plan.
6    Custody of the minor shall not be restored to any parent,
7guardian or legal custodian in any case in which the minor is
8found to be neglected or abused under Section 2-3 or dependent
9under Section 2-4 of this Act, unless the minor can be cared
10for at home without endangering his or her health or safety and
11it is in the best interest of the minor, and if such neglect,
12abuse, or dependency is found by the court under paragraph (1)
13of Section 2-21 of this Act to have come about due to the acts
14or omissions or both of such parent, guardian or legal
15custodian, until such time as an investigation is made as
16provided in paragraph (5) and a hearing is held on the issue of
17the health, safety and best interest of the minor and the
18fitness of such parent, guardian or legal custodian to care for
19the minor and the court enters an order that such parent,
20guardian or legal custodian is fit to care for the minor. In
21the event that the minor has attained 18 years of age and the
22guardian or custodian petitions the court for an order
23terminating his guardianship or custody, guardianship or
24custody shall terminate automatically 30 days after the receipt
25of the petition unless the court orders otherwise. No legal
26custodian or guardian of the person may be removed without his

 

 

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1consent until given notice and an opportunity to be heard by
2the court.
3    When the court orders a child restored to the custody of
4the parent or parents, the court shall order the parent or
5parents to cooperate with the Department of Children and Family
6Services and comply with the terms of an after-care plan, or
7risk the loss of custody of the child and possible termination
8of their parental rights. The court may also enter an order of
9protective supervision in accordance with Section 2-24.
10    (5) Whenever a parent, guardian, or legal custodian files a
11motion for restoration of custody of the minor, and the minor
12was adjudicated neglected, abused, or dependent as a result of
13physical abuse, the court shall cause to be made an
14investigation as to whether the movant has ever been charged
15with or convicted of any criminal offense which would indicate
16the likelihood of any further physical abuse to the minor.
17Evidence of such criminal convictions shall be taken into
18account in determining whether the minor can be cared for at
19home without endangering his or her health or safety and
20fitness of the parent, guardian, or legal custodian.
21        (a) Any agency of this State or any subdivision thereof
22    shall co-operate with the agent of the court in providing
23    any information sought in the investigation.
24        (b) The information derived from the investigation and
25    any conclusions or recommendations derived from the
26    information shall be provided to the parent, guardian, or

 

 

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1    legal custodian seeking restoration of custody prior to the
2    hearing on fitness and the movant shall have an opportunity
3    at the hearing to refute the information or contest its
4    significance.
5        (c) All information obtained from any investigation
6    shall be confidential as provided in Section 5-150 of this
7    Act.
8(Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17;
9100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff.
108-19-18.)
 
11    Section 99. Effective date. This Act takes effect October
121, 2019.