Full Text of HB2571 101st General Assembly
HB2571eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning minors.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Sections 2.17 and 4 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 | 8 | | care in
residences of families who receive no more than 6 8 | 9 | | children unrelated to them,
unless all the children are of | 10 | | common parentage, or residences of relatives who
receive no | 11 | | more than 6 8 related children placed by the Department, unless | 12 | | the
children are of common parentage, for the purpose of | 13 | | providing family care and
training for the children on a | 14 | | full-time basis, except the Director of Children
and Family | 15 | | Services, pursuant to Department regulations, may waive the | 16 | | numerical limitation of foster children who may be cared for in | 17 | | a foster family home for any of the following reasons to allow: | 18 | | (1) a parenting youth in foster care to remain with the child | 19 | | of the parenting youth; (2) siblings to remain together; (3) a | 20 | | child with an established meaningful relationship with the | 21 | | family to remain with the family; or (4) a family with special | 22 | | training or skills to provide care to a child who has a severe | 23 | | disability limit of
8 children unrelated to an adoptive family |
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| 1 | | for good cause and only to
facilitate an adoptive placement . | 2 | | The family's or relative's own children,
under 18 years of age, | 3 | | shall be included in determining the
maximum number of children | 4 | | served. For purposes of this Section, a "relative"
includes any | 5 | | person, 21 years of age or over, other than the parent, who (i) | 6 | | is
currently related to the child in any of the following ways | 7 | | by blood or
adoption: grandparent, sibling, great-grandparent, | 8 | | uncle, aunt, nephew, niece,
first cousin, great-uncle, or | 9 | | great-aunt; or (ii) is the spouse of such a
relative; or (iii) | 10 | | is a child's step-father, step-mother, or adult step-brother
or | 11 | | step-sister; or (iv) is a fictive kin; "relative" also includes | 12 | | a person related in any of the
foregoing ways to a sibling of a | 13 | | child, even though the person is not related
to the child, when | 14 | | the child and its sibling are placed together with that
person. | 15 | | For purposes of placement of children pursuant to Section 7 of | 16 | | the Children and Family Services Act and for purposes of | 17 | | licensing requirements set forth in Section 4 of this Act, for | 18 | | children under the custody or guardianship of the Department | 19 | | pursuant to the Juvenile Court Act of 1987, after a parent | 20 | | signs a consent, surrender, or waiver or after a parent's | 21 | | rights are otherwise terminated, and while the child remains in | 22 | | the custody or guardianship of the Department, the child is | 23 | | considered to be related to those to whom the child was related | 24 | | under this Section prior to the signing of the consent, | 25 | | surrender, or waiver or the order of termination of parental | 26 | | rights. The term "foster family home" includes homes receiving |
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| 1 | | children from
any State-operated institution for child care; or | 2 | | from any agency established
by a municipality or other | 3 | | political subdivision of the State of Illinois
authorized to | 4 | | provide care for children outside their own homes. The term
| 5 | | "foster family home" does not include an "adoption-only home" | 6 | | as defined in
Section 2.23 of this Act. The types of
foster | 7 | | family 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, | 15 | | eff. 7-20-15; 99-833, eff. 1-1-17 .)
| 16 | | (225 ILCS 10/4) (from Ch. 23, par. 2214)
| 17 | | Sec. 4. License requirement; application; notice.
| 18 | | (a) Any person, group of persons or corporation who or | 19 | | which
receives children or arranges for care or placement of | 20 | | one or more
children unrelated to the operator must apply for a | 21 | | license to operate
one of the types of facilities defined in | 22 | | Sections 2.05 through 2.19 and in
Section 2.22 of
this Act. Any | 23 | | relative, as defined in Section 2.17 of this Act, who receives | 24 | | a child or children for placement by the
Department on a | 25 | | full-time basis may apply for a license to operate a foster
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| 1 | | family home as defined in Section 2.17 of this Act.
| 2 | | (a-5) Any agency, person, group of persons, association, | 3 | | organization, corporation, institution, center, or group | 4 | | providing adoption services must be licensed by the Department | 5 | | as a child welfare agency as defined in Section 2.08 of this | 6 | | Act. "Providing adoption services" as used in this Act, | 7 | | includes facilitating or engaging in adoption services.
| 8 | | (b) Application for a license
to operate a child care | 9 | | facility must be made to the Department in the manner
and on | 10 | | forms prescribed by it. An application to operate a foster | 11 | | family home
shall include, at a minimum: a completed written | 12 | | form; written authorization by
the applicant and all adult | 13 | | members of the applicant's household to conduct a
criminal | 14 | | background investigation; medical evidence in the form of a | 15 | | medical
report, on forms prescribed by the Department, that the | 16 | | applicant and all
members of the household are free from | 17 | | communicable diseases or physical and
mental conditions that | 18 | | affect their ability to provide care for the child or
children; | 19 | | the names and addresses of at least 3 persons not related to | 20 | | the
applicant who can attest to the applicant's moral | 21 | | character; the name and address of at least one relative who | 22 | | can attest to the applicant's capability to care for the child | 23 | | or children; and fingerprints
submitted by the applicant and | 24 | | all adult members of the applicant's household.
| 25 | | (b-5) Prior to submitting an application for a foster | 26 | | family home license, a quality of care concerns applicant as |
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| 1 | | defined in Section 2.22a of this Act must submit a preliminary | 2 | | application to the Department in the manner and on forms | 3 | | prescribed by it. The Department shall explain to the quality | 4 | | of care concerns applicant the grounds for requiring a | 5 | | preliminary application. The preliminary application shall | 6 | | include a list of (i) all children placed in the home by the | 7 | | Department who were removed by the Department for reasons other | 8 | | than returning to a parent and the circumstances under which | 9 | | they were removed and (ii) all children placed by the | 10 | | Department who were subsequently adopted by or placed in the | 11 | | private guardianship of the quality of care concerns applicant | 12 | | who are currently under 18 and who no longer reside in the home | 13 | | and the reasons why they no longer reside in the home. The | 14 | | preliminary application shall also include, if the quality of | 15 | | care concerns applicant chooses to submit, (1) a response to | 16 | | the quality of care concerns, including any reason the concerns | 17 | | are invalid, have been addressed or ameliorated, or no longer | 18 | | apply and (2) affirmative documentation demonstrating that the | 19 | | quality of care concerns applicant's home does not pose a risk | 20 | | to children and that the family will be able to meet the | 21 | | physical and emotional needs of children. The Department shall | 22 | | verify the information in the preliminary application and | 23 | | review (i) information regarding any prior licensing | 24 | | complaints, (ii) information regarding any prior child abuse or | 25 | | neglect investigations, and (iii) information regarding any | 26 | | involuntary foster home holds placed on the home by the |
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| 1 | | Department. Foster home applicants with quality of care | 2 | | concerns are presumed unsuitable for future licensure. | 3 | | Notwithstanding the provisions of this subsection (b-5), | 4 | | the Department may make an exception and issue a foster family | 5 | | license to a quality of care concerns applicant if the | 6 | | Department is satisfied that the foster family home does not | 7 | | pose a risk to children and that the foster family will be able | 8 | | to meet the physical and emotional needs of children. In making | 9 | | this determination, the Department must obtain and carefully | 10 | | review all relevant documents and shall obtain consultation | 11 | | from its Clinical Division as appropriate and as prescribed by | 12 | | Department rule and procedure. The Department has the authority | 13 | | to deny a preliminary application based on the record of | 14 | | quality of care concerns of the foster family home. In the | 15 | | alternative, the Department may (i) approve the preliminary | 16 | | application, (ii) approve the preliminary application subject | 17 | | to obtaining additional information or assessments, or (iii) | 18 | | approve the preliminary application for purposes of placing a | 19 | | particular child or children only in the foster family home. If | 20 | | the Department approves a preliminary application, the foster | 21 | | family shall submit an application for licensure as described | 22 | | in subsection (b) of this Section. The Department shall notify | 23 | | the quality of care concerns applicant of its decision and the | 24 | | basis for its decision in writing. | 25 | | (c) The Department shall notify the public when a child | 26 | | care institution,
maternity center, or group home licensed by |
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| 1 | | the Department undergoes a change
in (i) the range of care or | 2 | | services offered at the facility, (ii) the age or
type of | 3 | | children served, or (iii) the area within the facility used by
| 4 | | children. The Department shall notify the public of the change | 5 | | in a newspaper
of general
circulation in the county or | 6 | | municipality in which the applicant's facility is
or is | 7 | | proposed to be located.
| 8 | | (d) If, upon examination of the facility and investigation | 9 | | of persons
responsible
for care of children and, in the case of | 10 | | a foster home, taking into account information obtained for | 11 | | purposes of evaluating a preliminary application, if | 12 | | applicable, the Department is satisfied that the facility and
| 13 | | responsible persons reasonably meet standards prescribed for | 14 | | the type of
facility for which application is made, it shall | 15 | | issue a license in proper
form, designating on that license the | 16 | | type of child care facility and, except
for a child welfare | 17 | | agency, the number of children to be served at any one
time.
| 18 | | (e) The Department shall not issue or renew the license of | 19 | | any child welfare agency providing adoption services, unless | 20 | | the agency (i) is officially recognized by the United States | 21 | | Internal Revenue Service as a tax-exempt organization | 22 | | described in Section 501(c)(3) of the Internal Revenue Code of | 23 | | 1986 (or any successor provision of federal tax law) and (ii) | 24 | | is in compliance with all of the standards necessary to | 25 | | maintain its status as an organization described in Section | 26 | | 501(c)(3) of the Internal Revenue Code of 1986 (or any |
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| 1 | | successor provision of federal tax law). The Department shall | 2 | | grant a grace period of 24 months from the effective date of | 3 | | this amendatory Act of the 94th General Assembly for existing | 4 | | child welfare agencies providing adoption services to obtain | 5 | | 501(c)(3) status. The Department shall permit an existing child | 6 | | welfare agency that converts from its current structure in | 7 | | order to be recognized as a 501(c)(3) organization as required | 8 | | by this Section to either retain its current license or | 9 | | transfer its current license to a newly formed entity, if the | 10 | | creation of a new entity is required in order to comply with | 11 | | this Section, provided that the child welfare agency | 12 | | demonstrates that it continues to meet all other licensing | 13 | | requirements and that the principal officers and directors and | 14 | | programs of the converted child welfare agency or newly | 15 | | organized child welfare agency are substantially the same as | 16 | | the original. The Department shall have the sole discretion to | 17 | | grant a one year extension to any agency unable to obtain | 18 | | 501(c)(3) status within the timeframe specified in this | 19 | | subsection (e), provided that such agency has filed an | 20 | | application for 501(c)(3) status with the Internal Revenue | 21 | | Service within the 2-year timeframe specified in this | 22 | | subsection (e).
| 23 | | (Source: P.A. 98-804, eff. 1-1-15; 99-779, eff. 1-1-17 .)
| 24 | | Section 10. The Juvenile Court Act of 1987 is amended by | 25 | | changing Section 2-28 as follows:
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| 1 | | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| 2 | | Sec. 2-28. Court review.
| 3 | | (1) The court may require any legal custodian or guardian | 4 | | of the person
appointed under this Act to report periodically | 5 | | to the court or may cite
him into court and require him or his | 6 | | agency, to make a full and
accurate report of his or its doings | 7 | | in behalf of the minor. The
custodian or guardian, within 10 | 8 | | days after such citation, or earlier if the court determines it | 9 | | to be necessary to protect the health, safety, or welfare of | 10 | | the minor, shall make
the report, either in writing verified by | 11 | | affidavit or orally under oath
in open court, or otherwise as | 12 | | the court directs. Upon the hearing of
the report the court may | 13 | | remove the custodian or guardian and appoint
another in his | 14 | | stead or restore the minor to the custody of his parents
or | 15 | | former guardian or custodian. However, custody of the minor | 16 | | shall
not be restored to any parent, guardian or legal | 17 | | custodian in any case
in which the minor is found to be | 18 | | neglected or abused under Section 2-3 or
dependent under | 19 | | Section 2-4 of this
Act, unless the minor can be cared for at | 20 | | home without endangering the
minor's health or safety and it is | 21 | | in the best interests of the minor, and
if such neglect,
abuse, | 22 | | or dependency is found by the court under paragraph (1)
of | 23 | | Section 2-21 of
this Act to have come about due to the acts or | 24 | | omissions or both of such
parent, guardian
or legal custodian, | 25 | | until such time as an investigation is made as provided in
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| 1 | | paragraph (5) and a hearing is held on the issue of the fitness | 2 | | of such parent,
guardian or legal custodian to care for the | 3 | | minor and the court enters an order
that such parent, guardian | 4 | | or legal custodian is fit to care for the minor.
| 5 | | (1.5) The public agency that is the custodian or guardian | 6 | | of the minor shall file a written report with the court no | 7 | | later than 15 days after a minor in the agency's care remains: | 8 | | (1) in a shelter placement beyond 30 days; | 9 | | (2) in a psychiatric hospital past the time when the | 10 | | minor is clinically ready for discharge or beyond medical | 11 | | necessity for the minor's health; or | 12 | | (3) in a detention center or Department of Juvenile | 13 | | Justice facility solely because the public agency cannot | 14 | | find an appropriate placement for the minor. | 15 | | The report shall explain the steps the agency is taking to | 16 | | ensure the minor is placed appropriately, how the minor's needs | 17 | | are being met in the minor's shelter placement, and if a future | 18 | | placement has been identified by the Department, why the | 19 | | anticipated placement is appropriate for the needs of the minor | 20 | | and the anticipated placement date. | 21 | | (1.6) Within 35 days after placing a child in its care in a | 22 | | qualified residential treatment program, as defined by the | 23 | | federal Social Security Act, the Department of Children and | 24 | | Family Services shall file a written report with the court and | 25 | | send copies of the report to all parties. Within 20 days of the | 26 | | filing of the report, the court shall hold a hearing to |
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| 1 | | consider the Department's report and determine whether | 2 | | placement of the child in a qualified residential treatment | 3 | | program provides the most effective and appropriate level of | 4 | | care for the child in the least restrictive environment and if | 5 | | the placement is consistent with the short-term and long-term | 6 | | goals for the child, as specified in the permanency plan for | 7 | | the child. The court shall approve or disapprove the placement. | 8 | | If applicable, the requirements of Sections 2-27.1 and 2-27.2 | 9 | | must also be met.
The Department's written report and the | 10 | | court's written determination shall be included in and made | 11 | | part of the case plan for the child. If the child remains | 12 | | placed in a qualified residential treatment program, the | 13 | | Department shall submit evidence at each status and permanency | 14 | | hearing: | 15 | | (1) demonstrating that on-going assessment of the | 16 | | strengths and needs of the child continues to support the | 17 | | determination that the child's needs cannot be met through | 18 | | placement in a foster family home, that the placement | 19 | | provides the most effective and appropriate level of care | 20 | | for the child in the least restrictive, appropriate | 21 | | environment, and that the placement is consistent with the | 22 | | short-term and long-term permanency goal for the child, as | 23 | | specified in the permanency plan for the child; | 24 | | (2) documenting the specific treatment or service | 25 | | needs that should be met for the child in the placement and | 26 | | the length of time the child is expected to need the |
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| 1 | | treatment or services; and | 2 | | (3) the efforts made by the agency to prepare the child | 3 | | to return home or to be placed with a fit and willing | 4 | | relative, a legal guardian, or an adoptive parent, or in a | 5 | | foster family home. | 6 | | (2) The first permanency hearing shall be
conducted by the | 7 | | judge. Subsequent permanency hearings may be
heard by a judge | 8 | | or by hearing officers appointed or approved by the court in
| 9 | | the manner set forth in Section 2-28.1 of this Act.
The initial | 10 | | hearing shall be held (a) within 12 months from the date
| 11 | | temporary
custody was taken, regardless of whether an | 12 | | adjudication or dispositional hearing has been completed | 13 | | within that time frame, (b) if the parental rights of both | 14 | | parents have been
terminated in accordance with the procedure | 15 | | described in subsection (5) of
Section 2-21, within
30 days of | 16 | | the order for termination of parental rights and appointment of
| 17 | | a guardian with power to consent to adoption, or (c) in | 18 | | accordance with
subsection
(2) of Section 2-13.1. Subsequent | 19 | | permanency hearings
shall be held every 6 months
or more | 20 | | frequently if necessary in the court's determination following | 21 | | the
initial permanency hearing, in accordance with the | 22 | | standards set forth in this
Section, until the court determines | 23 | | that the plan and goal have been achieved.
Once the plan and | 24 | | goal have been achieved, if the minor remains in substitute
| 25 | | care, the case shall be reviewed at least every 6 months | 26 | | thereafter, subject to
the provisions of this Section, unless |
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| 1 | | the minor is placed in the guardianship
of a suitable relative | 2 | | or other person and the court determines that further
| 3 | | monitoring by the court does not further the health, safety or | 4 | | best interest of
the child and that this is a stable permanent | 5 | | placement.
The permanency hearings must occur within the time | 6 | | frames set forth in this
subsection and may not be delayed in | 7 | | anticipation of a report from any source or due to the agency's | 8 | | failure to timely file its written report (this
written report | 9 | | means the one required under the next paragraph and does not
| 10 | | mean the service plan also referred to in that paragraph).
| 11 | | The public agency that is the custodian or guardian of the | 12 | | minor, or another
agency responsible for the minor's care, | 13 | | shall ensure that all parties to the
permanency hearings are | 14 | | provided a copy of the most recent
service plan prepared within | 15 | | the prior 6 months
at least 14 days in advance of the hearing. | 16 | | If not contained in the agency's service plan, the
agency shall | 17 | | also include a report setting forth (i) any special
physical, | 18 | | psychological, educational, medical, emotional, or other needs | 19 | | of the
minor or his or her family that are relevant to a | 20 | | permanency or placement
determination and (ii) for any minor | 21 | | age 16 or over, a written description of
the programs and | 22 | | services that will enable the minor to prepare for independent
| 23 | | living. If not contained in the agency's service plan, the | 24 | | agency's report shall specify if a minor is placed in a | 25 | | licensed child care facility under a corrective plan by the | 26 | | Department due to concerns impacting the minor's safety and |
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| 1 | | well-being. The report shall explain the steps the Department | 2 | | is taking to ensure the safety and well-being of the minor and | 3 | | that the minor's needs are met in the facility. The agency's | 4 | | written report must detail what progress or lack of
progress | 5 | | the parent has made in correcting the conditions requiring the | 6 | | child
to be in care; whether the child can be returned home | 7 | | without jeopardizing the
child's health, safety, and welfare, | 8 | | and if not, what permanency goal is
recommended to be in the | 9 | | best interests of the child, and why the other
permanency goals | 10 | | are not appropriate. The caseworker must appear and testify
at | 11 | | the permanency hearing. If a permanency hearing has not | 12 | | previously been
scheduled by the court, the moving party shall | 13 | | move for the setting of a
permanency hearing and the entry of | 14 | | an order within the time frames set forth
in this subsection.
| 15 | | At the permanency hearing, the court shall determine the | 16 | | future status
of the child. The court shall set one of the | 17 | | following permanency goals:
| 18 | | (A) The minor will be returned home by a specific date | 19 | | within 5
months.
| 20 | | (B) The minor will be in short-term care with a
| 21 | | continued goal to return home within a period not to exceed | 22 | | one
year, where the progress of the parent or parents is | 23 | | substantial giving
particular consideration to the age and | 24 | | individual needs of the minor.
| 25 | | (B-1) The minor will be in short-term care with a | 26 | | continued goal to return
home pending a status hearing. |
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| 1 | | When the court finds that a parent has not made
reasonable | 2 | | efforts or reasonable progress to date, the court shall | 3 | | identify
what actions the parent and the Department must | 4 | | take in order to justify a
finding of reasonable efforts or | 5 | | reasonable progress and shall set a status
hearing to be | 6 | | held not earlier than 9 months from the date of | 7 | | adjudication nor
later than 11 months from the date of | 8 | | adjudication during which the parent's
progress will again | 9 | | be reviewed.
| 10 | | (C) The minor will be in substitute care pending court
| 11 | | determination on termination of parental rights.
| 12 | | (D) Adoption, provided that parental rights have been | 13 | | terminated or
relinquished.
| 14 | | (E) The guardianship of the minor will be transferred | 15 | | to an individual or
couple on a permanent basis provided | 16 | | that goals (A) through (D) have
been ruled out.
| 17 | | (F) The minor over age 15 will be in substitute care | 18 | | pending
independence. In selecting this permanency goal, | 19 | | the Department of Children and Family Services may provide | 20 | | services to enable reunification and to strengthen the | 21 | | minor's connections with family, fictive kin, and other | 22 | | responsible adults, provided the services are in the | 23 | | minor's best interest. The services shall be documented in | 24 | | the service plan.
| 25 | | (G) The minor will be in substitute care because he or | 26 | | she cannot be
provided for in a home environment due to |
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| 1 | | developmental
disabilities or mental illness or because he | 2 | | or she is a danger to self or
others, provided that goals | 3 | | (A) through (D) have been ruled out.
| 4 | | In selecting any permanency goal, the court shall indicate | 5 | | in writing the
reasons the goal was selected and why the | 6 | | preceding goals were ruled out.
Where the court has selected a | 7 | | permanency goal other than (A), (B), or (B-1),
the
Department | 8 | | of Children and Family Services shall not provide further
| 9 | | reunification services, except as provided in paragraph (F) of | 10 | | this subsection (2), but shall provide services
consistent with | 11 | | the goal
selected.
| 12 | | (H) Notwithstanding any other provision in this | 13 | | Section, the court may select the goal of continuing foster | 14 | | care as a permanency goal if: | 15 | | (1) The Department of Children and Family Services | 16 | | has custody and guardianship of the minor; | 17 | | (2) The court has ruled out all other permanency | 18 | | goals based on the child's best interest;
| 19 | | (3) The court has found compelling reasons, based | 20 | | on written documentation reviewed by the court, to | 21 | | place the minor in continuing foster care. Compelling | 22 | | reasons include:
| 23 | | (a) the child does not wish to be adopted or to | 24 | | be placed in the guardianship of his or her | 25 | | relative or foster care placement;
| 26 | | (b) the child exhibits an extreme level of need |
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| 1 | | such that the removal of the child from his or her | 2 | | placement would be detrimental to the child; or
| 3 | | (c) the child who is the subject of the | 4 | | permanency hearing has existing close and strong | 5 | | bonds with a sibling, and achievement of another | 6 | | permanency goal would substantially interfere with | 7 | | the subject child's sibling relationship, taking | 8 | | into consideration the nature and extent of the | 9 | | relationship, and whether ongoing contact is in | 10 | | the subject child's best interest, including | 11 | | long-term emotional interest, as compared with the | 12 | | legal and emotional benefit of permanence;
| 13 | | (4) The child has lived with the relative or foster | 14 | | parent for at least one year; and
| 15 | | (5) The relative or foster parent currently caring | 16 | | for the child is willing and capable of providing the | 17 | | child with a stable and permanent environment. | 18 | | The court shall set a
permanency
goal that is in the best | 19 | | interest of the child. In determining that goal, the court | 20 | | shall consult with the minor in an age-appropriate manner | 21 | | regarding the proposed permanency or transition plan for the | 22 | | minor. The court's determination
shall include the following | 23 | | factors:
| 24 | | (1) Age of the child.
| 25 | | (2) Options available for permanence, including both | 26 | | out-of-state and in-state placement options.
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| 1 | | (3) Current placement of the child and the intent of | 2 | | the family regarding
adoption.
| 3 | | (4) Emotional, physical, and mental status or | 4 | | condition of the child.
| 5 | | (5) Types of services previously offered and whether or | 6 | | not
the services were successful and, if not successful, | 7 | | the reasons the services
failed.
| 8 | | (6) Availability of services currently needed and | 9 | | whether the services
exist.
| 10 | | (7) Status of siblings of the minor.
| 11 | | The court shall consider (i) the permanency goal contained | 12 | | in the service
plan, (ii) the appropriateness of the
services | 13 | | contained in the plan and whether those services have been
| 14 | | provided, (iii) whether reasonable efforts have been made by | 15 | | all
the parties to the service plan to achieve the goal, and | 16 | | (iv) whether the plan
and goal have been achieved. All evidence
| 17 | | relevant to determining these questions, including oral and | 18 | | written reports,
may be admitted and may be relied on to the | 19 | | extent of their probative value.
| 20 | | The court shall make findings as to whether, in violation | 21 | | of Section 8.2 of the Abused and Neglected Child Reporting Act, | 22 | | any portion of the service plan compels a child or parent to | 23 | | engage in any activity or refrain from any activity that is not | 24 | | reasonably related to remedying a condition or conditions that | 25 | | gave rise or which could give rise to any finding of child | 26 | | abuse or neglect. The services contained in the service plan |
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| 1 | | shall include services reasonably related to remedy the | 2 | | conditions that gave rise to removal of the child from the home | 3 | | of his or her parents, guardian, or legal custodian or that the | 4 | | court has found must be remedied prior to returning the child | 5 | | home. Any tasks the court requires of the parents, guardian, or | 6 | | legal custodian or child prior to returning the child home, | 7 | | must be reasonably related to remedying a condition or | 8 | | conditions that gave rise to or which could give rise to any | 9 | | finding of child abuse or neglect. | 10 | | If the permanency goal is to return home, the court shall | 11 | | make findings that identify any problems that are causing | 12 | | continued placement of the children away from the home and | 13 | | identify what outcomes would be considered a resolution to | 14 | | these problems. The court shall explain to the parents that | 15 | | these findings are based on the information that the court has | 16 | | at that time and may be revised, should additional evidence be | 17 | | presented to the court. | 18 | | The court shall review the Sibling Contact Support Plan | 19 | | developed or modified under subsection (f) of Section 7.4 of | 20 | | the Children and Family Services Act, if applicable. If the | 21 | | Department has not convened a meeting to
develop or modify a | 22 | | Sibling Contact Support Plan, or if the court finds that the | 23 | | existing Plan
is not in the child's best interest, the court | 24 | | may enter an order requiring the Department to
develop, modify | 25 | | or implement a Sibling Contact Support Plan, or order | 26 | | mediation. |
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| 1 | | If the goal has been achieved, the court shall enter orders | 2 | | that are
necessary to conform the minor's legal custody and | 3 | | status to those findings.
| 4 | | If, after receiving evidence, the court determines that the | 5 | | services
contained in the plan are not reasonably calculated to | 6 | | facilitate achievement
of the permanency goal, the court shall | 7 | | put in writing the factual basis
supporting the determination | 8 | | and enter specific findings based on the evidence.
The court | 9 | | also shall enter an order for the Department to develop and
| 10 | | implement a new service plan or to implement changes to the | 11 | | current service
plan consistent with the court's findings. The | 12 | | new service plan shall be filed
with the court and served on | 13 | | all parties within 45 days of the date of the
order. The court | 14 | | shall continue the matter until the new service plan is
filed. | 15 | | Except as authorized by subsection (2.5) of this Section and as | 16 | | otherwise specifically authorized by law, the court is not | 17 | | empowered under this Section to order specific placements, | 18 | | specific services, or specific service providers to be included | 19 | | in the service plan.
| 20 | | A guardian or custodian appointed by the court pursuant to | 21 | | this Act shall
file updated case plans with the court every 6 | 22 | | months.
| 23 | | Rights of wards of the court under this Act are enforceable | 24 | | against
any public agency by complaints for relief by mandamus | 25 | | filed in any
proceedings brought under this Act.
| 26 | | (2.5) If, after reviewing the evidence, including evidence |
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| 1 | | from the Department, the court determines that the minor's | 2 | | current or planned placement is not necessary or appropriate to | 3 | | facilitate achievement of the permanency goal, the court shall | 4 | | put in writing the factual basis supporting its determination | 5 | | and enter specific findings based on the evidence. If the court | 6 | | finds that the minor's current or planned placement is not | 7 | | necessary or appropriate, the court may enter an order | 8 | | directing the Department to implement a recommendation by the | 9 | | minor's treating clinician or a clinician contracted by the | 10 | | Department to evaluate the minor or a recommendation made by | 11 | | the Department. If the Department places a minor in a placement | 12 | | under an order entered under this subsection (2.5), the | 13 | | Department has the authority to remove the minor from that | 14 | | placement when a change in circumstances necessitates the | 15 | | removal to protect the minor's health, safety, and best | 16 | | interest. If the Department determines removal is necessary, | 17 | | the Department shall notify the parties of the planned | 18 | | placement change in writing no later than 10 days prior to the | 19 | | implementation of its determination unless remaining in the | 20 | | placement poses an imminent risk of harm to the minor, in which | 21 | | case the Department shall notify the parties of the placement | 22 | | change in writing immediately following the implementation of | 23 | | its decision. The Department shall notify others of the | 24 | | decision to change the minor's placement as required by | 25 | | Department rule. | 26 | | (3) Following the permanency hearing, the court shall enter |
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| 1 | | a written order
that includes the determinations required under | 2 | | subsection (2) of this
Section and sets forth the following:
| 3 | | (a) The future status of the minor, including the | 4 | | permanency goal, and
any order necessary to conform the | 5 | | minor's legal custody and status to such
determination; or
| 6 | | (b) If the permanency goal of the minor cannot be | 7 | | achieved immediately,
the specific reasons for continuing | 8 | | the minor in the care of the Department of
Children and | 9 | | Family Services or other agency for short term placement, | 10 | | and the
following determinations:
| 11 | | (i) (Blank).
| 12 | | (ii) Whether the services required by the court
and | 13 | | by any service plan prepared within the prior 6 months
| 14 | | have been provided and (A) if so, whether the services | 15 | | were reasonably
calculated to facilitate the | 16 | | achievement of the permanency goal or (B) if not
| 17 | | provided, why the services were not provided.
| 18 | | (iii) Whether the minor's current or planned | 19 | | placement is necessary, and appropriate to the
plan and | 20 | | goal, recognizing the right of minors to the least | 21 | | restrictive (most
family-like) setting available and | 22 | | in close proximity to the parents' home
consistent with | 23 | | the health, safety, best interest and special needs of | 24 | | the
minor and, if the minor is placed out-of-state, | 25 | | whether the out-of-state
placement continues to be | 26 | | appropriate and consistent with the health, safety,
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| 1 | | and best interest of the minor.
| 2 | | (iv) (Blank).
| 3 | | (v) (Blank).
| 4 | | (4) The minor or any person interested in the minor may | 5 | | apply to the
court for a change in custody of the minor and the | 6 | | appointment of a new
custodian or guardian of the person or for | 7 | | the restoration of the minor
to the custody of his parents or | 8 | | former guardian or custodian.
| 9 | | When return home is not selected as the permanency goal:
| 10 | | (a) The Department, the minor, or the current
foster | 11 | | parent or relative
caregiver seeking private guardianship | 12 | | may file a motion for private
guardianship of the minor. | 13 | | Appointment of a guardian under this Section
requires | 14 | | approval of the court.
| 15 | | (b) The State's Attorney may file a motion to terminate | 16 | | parental rights of
any parent who has failed to make | 17 | | reasonable efforts to correct the conditions
which led to | 18 | | the removal of the child or reasonable progress toward the | 19 | | return
of the child, as defined in subdivision (D)(m) of | 20 | | Section 1 of the Adoption Act
or for whom any other | 21 | | unfitness ground for terminating parental rights as
| 22 | | defined in subdivision (D) of Section 1 of the Adoption Act | 23 | | exists. | 24 | | When parental rights have been terminated for a minimum | 25 | | of 3 years and the child who is the subject of the | 26 | | permanency hearing is 13 years old or older and is not |
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| 1 | | currently placed in a placement likely to achieve | 2 | | permanency, the Department of
Children and Family Services | 3 | | shall make reasonable efforts to locate parents whose | 4 | | rights have been terminated, except when the Court | 5 | | determines that those efforts would be futile or | 6 | | inconsistent with the subject child's best interests. The | 7 | | Department of
Children and Family Services shall assess the | 8 | | appropriateness of the parent whose rights have been | 9 | | terminated, and shall, as appropriate, foster and support | 10 | | connections between the parent whose rights have been | 11 | | terminated and the youth. The Department of
Children and | 12 | | Family Services shall document its determinations and | 13 | | efforts to foster connections in the child's case plan.
| 14 | | Custody of the minor shall not be restored to any parent, | 15 | | guardian or legal
custodian in any case in which the minor is | 16 | | found to be neglected or abused
under Section 2-3 or dependent | 17 | | under Section 2-4 of this Act, unless the
minor can be cared | 18 | | for at home
without endangering his or her health or safety and | 19 | | it is in the best
interest of the minor,
and if such neglect, | 20 | | abuse, or dependency is found by the court
under paragraph (1) | 21 | | of Section 2-21 of this Act to have come
about due to the acts | 22 | | or omissions or both of such parent, guardian or legal
| 23 | | custodian, until such time as an investigation is made as | 24 | | provided in
paragraph (5) and a hearing is held on the issue of | 25 | | the health,
safety and
best interest of the minor and the | 26 | | fitness of such
parent, guardian or legal custodian to care for |
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| 1 | | the minor and the court
enters an order that such parent, | 2 | | guardian or legal custodian is fit to
care for the minor. In | 3 | | the event that the minor has attained 18 years
of age and the | 4 | | guardian or custodian petitions the court for an order
| 5 | | terminating his guardianship or custody, guardianship or | 6 | | custody shall
terminate automatically 30 days after the receipt | 7 | | of the petition unless
the court orders otherwise. No legal | 8 | | custodian or guardian of the
person may be removed without his | 9 | | consent until given notice and an
opportunity to be heard by | 10 | | the court.
| 11 | | When the court orders a child restored to the custody of | 12 | | the parent or
parents, the court shall order the parent or | 13 | | parents to cooperate with the
Department of Children and Family | 14 | | Services and comply with the terms of an
after-care plan, or | 15 | | risk the loss of custody of the child and possible
termination | 16 | | of their parental rights. The court may also enter an order of
| 17 | | protective supervision in accordance with Section 2-24.
| 18 | | (5) Whenever a parent, guardian, or legal custodian files a | 19 | | motion for
restoration of custody of the minor, and the minor | 20 | | was adjudicated
neglected, abused, or dependent as a result of | 21 | | physical abuse,
the court shall cause to be
made an | 22 | | investigation as to whether the movant has ever been charged
| 23 | | with or convicted of any criminal offense which would indicate | 24 | | the
likelihood of any further physical abuse to the minor. | 25 | | Evidence of such
criminal convictions shall be taken into | 26 | | account in determining whether the
minor can be cared for at |
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| 1 | | home without endangering his or her health or safety
and | 2 | | fitness of the parent, guardian, or legal custodian.
| 3 | | (a) Any agency of this State or any subdivision thereof | 4 | | shall
co-operate with the agent of the court in providing | 5 | | any information
sought in the investigation.
| 6 | | (b) The information derived from the investigation and | 7 | | any
conclusions or recommendations derived from the | 8 | | information shall be
provided to the parent, guardian, or | 9 | | legal custodian seeking restoration
of custody prior to the | 10 | | hearing on fitness and the movant shall have
an opportunity | 11 | | at the hearing to refute the information or contest its
| 12 | | significance.
| 13 | | (c) All information obtained from any investigation | 14 | | shall be confidential
as provided in Section 5-150 of this | 15 | | Act.
| 16 | | (Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17; | 17 | | 100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff. | 18 | | 8-19-18.)
| 19 | | Section 99. Effective date. This Act takes effect July 1, | 20 | | 2019, except Section 10 takes effect October 1, 2019.
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