Illinois General Assembly - Full Text of HB2571
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Full Text of HB2571  101st General Assembly


Rep. Sara Feigenholtz

Filed: 2/28/2019





10100HB2571ham001LRB101 09451 SLF 56788 a


2    AMENDMENT NO. ______. Amend House Bill 2571 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Child Care Act of 1969 is amended by
5changing 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
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



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1a foster family home for any of the following reasons to allow:
2(1) a parenting youth in foster care to remain with the child
3of the parenting youth; (2) siblings to remain together; (3) a
4child with an established meaningful relationship with the
5family to remain with the family; or (4) a family with special
6training or skills to provide care to a child who has a severe
7disability limit of 8 children unrelated to an adoptive family
8for good cause and only to facilitate an adoptive placement.
9The family's or relative's own children, under 18 years of age,
10shall be included in determining the maximum number of children
11served. For purposes of this Section, a "relative" includes any
12person, 21 years of age or over, other than the parent, who (i)
13is currently related to the child in any of the following ways
14by blood or adoption: grandparent, sibling, great-grandparent,
15uncle, aunt, nephew, niece, first cousin, great-uncle, or
16great-aunt; or (ii) is the spouse of such a relative; or (iii)
17is a child's step-father, step-mother, or adult step-brother or
18step-sister; or (iv) is a fictive kin; "relative" also includes
19a person related in any of the foregoing ways to a sibling of a
20child, even though the person is not related to the child, when
21the child and its sibling are placed together with that person.
22For purposes of placement of children pursuant to Section 7 of
23the Children and Family Services Act and for purposes of
24licensing requirements set forth in Section 4 of this Act, for
25children under the custody or guardianship of the Department
26pursuant to the Juvenile Court Act of 1987, after a parent



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1signs a consent, surrender, or waiver or after a parent's
2rights are otherwise terminated, and while the child remains in
3the custody or guardianship of the Department, the child is
4considered to be related to those to whom the child was related
5under this Section prior to the signing of the consent,
6surrender, or waiver or the order of termination of parental
7rights. The term "foster family home" includes homes receiving
8children from any State-operated institution for child care; or
9from any agency established by a municipality or other
10political subdivision of the State of Illinois authorized to
11provide care for children outside their own homes. The term
12"foster family home" does not include an "adoption-only home"
13as defined in Section 2.23 of this Act. The types of foster
14family homes are defined as follows:
15        (a) "Boarding home" means a foster family home which
16    receives payment for regular full-time care of a child or
17    children.
18        (b) "Free home" means a foster family home other than
19    an adoptive home which does not receive payments for the
20    care of a child or children.
21        (c) "Adoptive home" means a foster family home which
22    receives a child or children for the purpose of adopting
23    the child or children, but does not include an
24    adoption-only home.
25        (d) "Work-wage home" means a foster family home which
26    receives a child or children who pay part or all of their



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1    board by rendering some services to the family not
2    prohibited by the Child Labor Law or by standards or
3    regulations of the Department prescribed under this Act.
4    The child or children may receive a wage in connection with
5    the services rendered the foster family.
6        (e) "Agency-supervised home" means a foster family
7    home under the direct and regular supervision of a licensed
8    child welfare agency, of the Department of Children and
9    Family Services, of a circuit court, or of any other State
10    agency which has authority to place children in child care
11    facilities, and which receives no more than 8 children,
12    unless of common parentage, who are placed and are
13    regularly supervised by one of the specified agencies.
14        (f) "Independent home" means a foster family home,
15    other than an adoptive home, which receives no more than 4
16    children, unless of common parentage, directly from
17    parents, or other legally responsible persons, by
18    independent arrangement and which is not subject to direct
19    and regular supervision of a specified agency except as
20    such supervision pertains to licensing by the Department.
21(Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; 99-78,
22eff. 7-20-15; 99-833, eff. 1-1-17.)
23    (225 ILCS 10/4)  (from Ch. 23, par. 2214)
24    Sec. 4. License requirement; application; notice.
25    (a) Any person, group of persons or corporation who or



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1which receives children or arranges for care or placement of
2one or more children unrelated to the operator must apply for a
3license to operate one of the types of facilities defined in
4Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
5relative, as defined in Section 2.17 of this Act, who receives
6a child or children for placement by the Department on a
7full-time basis may apply for a license to operate a foster
8family home as defined in Section 2.17 of this Act.
9    (a-5) Any agency, person, group of persons, association,
10organization, corporation, institution, center, or group
11providing adoption services must be licensed by the Department
12as a child welfare agency as defined in Section 2.08 of this
13Act. "Providing adoption services" as used in this Act,
14includes facilitating or engaging in adoption services.
15    (b) Application for a license to operate a child care
16facility must be made to the Department in the manner and on
17forms prescribed by it. An application to operate a foster
18family home shall include, at a minimum: a completed written
19form; written authorization by the applicant and all adult
20members of the applicant's household to conduct a criminal
21background investigation; medical evidence in the form of a
22medical report, on forms prescribed by the Department, that the
23applicant and all members of the household are free from
24communicable diseases or physical and mental conditions that
25affect their ability to provide care for the child or children;
26the names and addresses of at least 3 persons not related to



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1the applicant who can attest to the applicant's moral
2character; the name and address of at least one relative who
3can attest to the applicant's capability to care for the child
4or children; and fingerprints submitted by the applicant and
5all adult members of the applicant's household.
6    (b-5) Prior to submitting an application for a foster
7family home license, a quality of care concerns applicant as
8defined in Section 2.22a of this Act must submit a preliminary
9application to the Department in the manner and on forms
10prescribed by it. The Department shall explain to the quality
11of care concerns applicant the grounds for requiring a
12preliminary application. The preliminary application shall
13include a list of (i) all children placed in the home by the
14Department who were removed by the Department for reasons other
15than returning to a parent and the circumstances under which
16they were removed and (ii) all children placed by the
17Department who were subsequently adopted by or placed in the
18private guardianship of the quality of care concerns applicant
19who are currently under 18 and who no longer reside in the home
20and the reasons why they no longer reside in the home. The
21preliminary application shall also include, if the quality of
22care concerns applicant chooses to submit, (1) a response to
23the quality of care concerns, including any reason the concerns
24are invalid, have been addressed or ameliorated, or no longer
25apply and (2) affirmative documentation demonstrating that the
26quality of care concerns applicant's home does not pose a risk



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1to children and that the family will be able to meet the
2physical and emotional needs of children. The Department shall
3verify the information in the preliminary application and
4review (i) information regarding any prior licensing
5complaints, (ii) information regarding any prior child abuse or
6neglect investigations, and (iii) information regarding any
7involuntary foster home holds placed on the home by the
8Department. Foster home applicants with quality of care
9concerns are presumed unsuitable for future licensure.
10    Notwithstanding the provisions of this subsection (b-5),
11the Department may make an exception and issue a foster family
12license to a quality of care concerns applicant if the
13Department is satisfied that the foster family home does not
14pose a risk to children and that the foster family will be able
15to meet the physical and emotional needs of children. In making
16this determination, the Department must obtain and carefully
17review all relevant documents and shall obtain consultation
18from its Clinical Division as appropriate and as prescribed by
19Department rule and procedure. The Department has the authority
20to deny a preliminary application based on the record of
21quality of care concerns of the foster family home. In the
22alternative, the Department may (i) approve the preliminary
23application, (ii) approve the preliminary application subject
24to obtaining additional information or assessments, or (iii)
25approve the preliminary application for purposes of placing a
26particular child or children only in the foster family home. If



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1the Department approves a preliminary application, the foster
2family shall submit an application for licensure as described
3in subsection (b) of this Section. The Department shall notify
4the quality of care concerns applicant of its decision and the
5basis for its decision in writing.
6    (c) The Department shall notify the public when a child
7care institution, maternity center, or group home licensed by
8the Department undergoes a change in (i) the range of care or
9services offered at the facility, (ii) the age or type of
10children served, or (iii) the area within the facility used by
11children. The Department shall notify the public of the change
12in a newspaper of general circulation in the county or
13municipality in which the applicant's facility is or is
14proposed to be located.
15    (d) If, upon examination of the facility and investigation
16of persons responsible for care of children and, in the case of
17a foster home, taking into account information obtained for
18purposes of evaluating a preliminary application, if
19applicable, the Department is satisfied that the facility and
20responsible persons reasonably meet standards prescribed for
21the type of facility for which application is made, it shall
22issue a license in proper form, designating on that license the
23type of child care facility and, except for a child welfare
24agency, the number of children to be served at any one time.
25    (e) The Department shall not issue or renew the license of
26any child welfare agency providing adoption services, unless



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1the agency (i) is officially recognized by the United States
2Internal Revenue Service as a tax-exempt organization
3described in Section 501(c)(3) of the Internal Revenue Code of
41986 (or any successor provision of federal tax law) and (ii)
5is in compliance with all of the standards necessary to
6maintain its status as an organization described in Section
7501(c)(3) of the Internal Revenue Code of 1986 (or any
8successor provision of federal tax law). The Department shall
9grant a grace period of 24 months from the effective date of
10this amendatory Act of the 94th General Assembly for existing
11child welfare agencies providing adoption services to obtain
12501(c)(3) status. The Department shall permit an existing child
13welfare agency that converts from its current structure in
14order to be recognized as a 501(c)(3) organization as required
15by this Section to either retain its current license or
16transfer its current license to a newly formed entity, if the
17creation of a new entity is required in order to comply with
18this Section, provided that the child welfare agency
19demonstrates that it continues to meet all other licensing
20requirements and that the principal officers and directors and
21programs of the converted child welfare agency or newly
22organized child welfare agency are substantially the same as
23the original. The Department shall have the sole discretion to
24grant a one year extension to any agency unable to obtain
25501(c)(3) status within the timeframe specified in this
26subsection (e), provided that such agency has filed an



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1application for 501(c)(3) status with the Internal Revenue
2Service within the 2-year timeframe specified in this
3subsection (e).
4(Source: P.A. 98-804, eff. 1-1-15; 99-779, eff. 1-1-17.)
5    Section 10. The Juvenile Court Act of 1987 is amended by
6changing Section 2-28 as follows:
7    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
8    Sec. 2-28. Court review.
9    (1) The court may require any legal custodian or guardian
10of the person appointed under this Act to report periodically
11to the court or may cite him into court and require him or his
12agency, to make a full and accurate report of his or its doings
13in behalf of the minor. The custodian or guardian, within 10
14days after such citation, or earlier if the court determines it
15to be necessary to protect the health, safety, or welfare of
16the minor, shall make the report, either in writing verified by
17affidavit or orally under oath in open court, or otherwise as
18the court directs. Upon the hearing of the report the court may
19remove the custodian or guardian and appoint another in his
20stead or restore the minor to the custody of his parents or
21former guardian or custodian. However, custody of the minor
22shall not be restored to any parent, guardian or legal
23custodian in any case in which the minor is found to be
24neglected or abused under Section 2-3 or dependent under



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1Section 2-4 of this Act, unless the minor can be cared for at
2home without endangering the minor's health or safety and it is
3in the best interests of the minor, and if such neglect, abuse,
4or dependency is found by the court under paragraph (1) of
5Section 2-21 of this Act to have come about due to the acts or
6omissions or both of such parent, guardian or legal custodian,
7until such time as an investigation is made as provided in
8paragraph (5) and a hearing is held on the issue of the fitness
9of such parent, guardian or legal custodian to care for the
10minor and the court enters an order that such parent, guardian
11or legal custodian is fit to care for the minor.
12    (1.5) The public agency that is the custodian or guardian
13of the minor shall file a written report with the court no
14later than 15 days after a minor in the agency's care remains:
15        (1) in a shelter placement beyond 30 days;
16        (2) in a psychiatric hospital past the time when the
17    minor is clinically ready for discharge or beyond medical
18    necessity for the minor's health; or
19        (3) in a detention center or Department of Juvenile
20    Justice facility solely because the public agency cannot
21    find an appropriate placement for the minor.
22    The report shall explain the steps the agency is taking to
23ensure the minor is placed appropriately, how the minor's needs
24are being met in the minor's shelter placement, and if a future
25placement has been identified by the Department, why the
26anticipated placement is appropriate for the needs of the minor



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1and the anticipated placement date.
2    (1.6) Within 35 days after placing a child in its care in a
3qualified residential treatment program, as defined by the
4federal Social Security Act, the Department of Children and
5Family Services shall file a written report with the court and
6send copies of the report to all parties. Within 20 days of the
7filing of the report, the court shall hold a hearing to
8consider the Department's report and determine whether
9placement of the child in a qualified residential treatment
10program provides the most effective and appropriate level of
11care for the child in the least restrictive environment and if
12the placement is consistent with the short-term and long-term
13goals for the child, as specified in the permanency plan for
14the child. The court shall approve or disapprove the placement.
15If applicable, the requirements of Sections 2-27.1 and 2-27.2
16must also be met. The Department's written report and the
17court's written determination shall be included in and made
18part of the case plan for the child. If the child remains
19placed in a qualified residential treatment program, the
20Department shall submit evidence at each status and permanency
22        (1) demonstrating that on-going assessment of the
23    strengths and needs of the child continues to support the
24    determination that the child's needs cannot be met through
25    placement in a foster family home, that the placement
26    provides the most effective and appropriate level of care



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1    for the child in the least restrictive, appropriate
2    environment, and that the placement is consistent with the
3    short-term and long-term permanency goal for the child, as
4    specified in the permanency plan for the child;
5        (2) documenting the specific treatment or service
6    needs that should be met for the child in the placement and
7    the length of time the child is expected to need the
8    treatment or services; and
9        (3) the efforts made by the agency to prepare the child
10    to return home or to be placed with a fit and willing
11    relative, a legal guardian, or an adoptive parent, or in a
12    foster family home.
13    (2) The first permanency hearing shall be conducted by the
14judge. Subsequent permanency hearings may be heard by a judge
15or by hearing officers appointed or approved by the court in
16the manner set forth in Section 2-28.1 of this Act. The initial
17hearing shall be held (a) within 12 months from the date
18temporary custody was taken, regardless of whether an
19adjudication or dispositional hearing has been completed
20within that time frame, (b) if the parental rights of both
21parents have been terminated in accordance with the procedure
22described in subsection (5) of Section 2-21, within 30 days of
23the order for termination of parental rights and appointment of
24a guardian with power to consent to adoption, or (c) in
25accordance with subsection (2) of Section 2-13.1. Subsequent
26permanency hearings shall be held every 6 months or more



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1frequently if necessary in the court's determination following
2the initial permanency hearing, in accordance with the
3standards set forth in this Section, until the court determines
4that the plan and goal have been achieved. Once the plan and
5goal have been achieved, if the minor remains in substitute
6care, the case shall be reviewed at least every 6 months
7thereafter, subject to the provisions of this Section, unless
8the minor is placed in the guardianship of a suitable relative
9or other person and the court determines that further
10monitoring by the court does not further the health, safety or
11best interest of the child and that this is a stable permanent
12placement. The permanency hearings must occur within the time
13frames set forth in this subsection and may not be delayed in
14anticipation of a report from any source or due to the agency's
15failure to timely file its written report (this written report
16means the one required under the next paragraph and does not
17mean the service plan also referred to in that paragraph).
18    The public agency that is the custodian or guardian of the
19minor, or another agency responsible for the minor's care,
20shall ensure that all parties to the permanency hearings are
21provided a copy of the most recent service plan prepared within
22the prior 6 months at least 14 days in advance of the hearing.
23If not contained in the agency's service plan, the agency shall
24also include a report setting forth (i) any special physical,
25psychological, educational, medical, emotional, or other needs
26of the minor or his or her family that are relevant to a



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1permanency or placement determination and (ii) for any minor
2age 16 or over, a written description of the programs and
3services that will enable the minor to prepare for independent
4living. If not contained in the agency's service plan, the
5agency's report shall specify if a minor is placed in a
6licensed child care facility under a corrective plan by the
7Department due to concerns impacting the minor's safety and
8well-being. The report shall explain the steps the Department
9is taking to ensure the safety and well-being of the minor and
10that the minor's needs are met in the facility. The agency's
11written report must detail what progress or lack of progress
12the parent has made in correcting the conditions requiring the
13child to be in care; whether the child can be returned home
14without jeopardizing the child's health, safety, and welfare,
15and if not, what permanency goal is recommended to be in the
16best interests of the child, and why the other permanency goals
17are not appropriate. The caseworker must appear and testify at
18the permanency hearing. If a permanency hearing has not
19previously been scheduled by the court, the moving party shall
20move for the setting of a permanency hearing and the entry of
21an order within the time frames set forth in this subsection.
22    At the permanency hearing, the court shall determine the
23future status of the child. The court shall set one of the
24following permanency goals:
25        (A) The minor will be returned home by a specific date
26    within 5 months.



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1        (B) The minor will be in short-term care with a
2    continued goal to return home within a period not to exceed
3    one year, where the progress of the parent or parents is
4    substantial giving particular consideration to the age and
5    individual needs of the minor.
6        (B-1) The minor will be in short-term care with a
7    continued goal to return home pending a status hearing.
8    When the court finds that a parent has not made reasonable
9    efforts or reasonable progress to date, the court shall
10    identify what actions the parent and the Department must
11    take in order to justify a finding of reasonable efforts or
12    reasonable progress and shall set a status hearing to be
13    held not earlier than 9 months from the date of
14    adjudication nor later than 11 months from the date of
15    adjudication during which the parent's progress will again
16    be reviewed.
17        (C) The minor will be in substitute care pending court
18    determination on termination of parental rights.
19        (D) Adoption, provided that parental rights have been
20    terminated or relinquished.
21        (E) The guardianship of the minor will be transferred
22    to an individual or couple on a permanent basis provided
23    that goals (A) through (D) have been ruled out.
24        (F) The minor over age 15 will be in substitute care
25    pending independence. In selecting this permanency goal,
26    the Department of Children and Family Services may provide



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1    services to enable reunification and to strengthen the
2    minor's connections with family, fictive kin, and other
3    responsible adults, provided the services are in the
4    minor's best interest. The services shall be documented in
5    the service plan.
6        (G) The minor will be in substitute care because he or
7    she cannot be provided for in a home environment due to
8    developmental disabilities or mental illness or because he
9    or she is a danger to self or others, provided that goals
10    (A) through (D) have been ruled out.
11    In selecting any permanency goal, the court shall indicate
12in writing the reasons the goal was selected and why the
13preceding goals were ruled out. Where the court has selected a
14permanency goal other than (A), (B), or (B-1), the Department
15of Children and Family Services shall not provide further
16reunification services, except as provided in paragraph (F) of
17this subsection (2), but shall provide services consistent with
18the goal selected.
19        (H) Notwithstanding any other provision in this
20    Section, the court may select the goal of continuing foster
21    care as a permanency goal if:
22            (1) The Department of Children and Family Services
23        has custody and guardianship of the minor;
24            (2) The court has ruled out all other permanency
25        goals based on the child's best interest;
26            (3) The court has found compelling reasons, based



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1        on written documentation reviewed by the court, to
2        place the minor in continuing foster care. Compelling
3        reasons include:
4                (a) the child does not wish to be adopted or to
5            be placed in the guardianship of his or her
6            relative or foster care placement;
7                (b) the child exhibits an extreme level of need
8            such that the removal of the child from his or her
9            placement would be detrimental to the child; or
10                (c) the child who is the subject of the
11            permanency hearing has existing close and strong
12            bonds with a sibling, and achievement of another
13            permanency goal would substantially interfere with
14            the subject child's sibling relationship, taking
15            into consideration the nature and extent of the
16            relationship, and whether ongoing contact is in
17            the subject child's best interest, including
18            long-term emotional interest, as compared with the
19            legal and emotional benefit of permanence;
20            (4) The child has lived with the relative or foster
21        parent for at least one year; and
22            (5) The relative or foster parent currently caring
23        for the child is willing and capable of providing the
24        child with a stable and permanent environment.
25    The court shall set a permanency goal that is in the best
26interest of the child. In determining that goal, the court



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1shall consult with the minor in an age-appropriate manner
2regarding the proposed permanency or transition plan for the
3minor. The court's determination shall include the following
5        (1) Age of the child.
6        (2) Options available for permanence, including both
7    out-of-state and in-state placement options.
8        (3) Current placement of the child and the intent of
9    the family regarding adoption.
10        (4) Emotional, physical, and mental status or
11    condition of the child.
12        (5) Types of services previously offered and whether or
13    not the services were successful and, if not successful,
14    the reasons the services failed.
15        (6) Availability of services currently needed and
16    whether the services exist.
17        (7) Status of siblings of the minor.
18    The court shall consider (i) the permanency goal contained
19in the service plan, (ii) the appropriateness of the services
20contained in the plan and whether those services have been
21provided, (iii) whether reasonable efforts have been made by
22all the parties to the service plan to achieve the goal, and
23(iv) whether the plan and goal have been achieved. All evidence
24relevant to determining these questions, including oral and
25written reports, may be admitted and may be relied on to the
26extent of their probative value.



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1    The court shall make findings as to whether, in violation
2of Section 8.2 of the Abused and Neglected Child Reporting Act,
3any portion of the service plan compels a child or parent to
4engage in any activity or refrain from any activity that is not
5reasonably related to remedying a condition or conditions that
6gave rise or which could give rise to any finding of child
7abuse or neglect. The services contained in the service plan
8shall include services reasonably related to remedy the
9conditions that gave rise to removal of the child from the home
10of his or her parents, guardian, or legal custodian or that the
11court has found must be remedied prior to returning the child
12home. Any tasks the court requires of the parents, guardian, or
13legal custodian or child prior to returning the child home,
14must be reasonably related to remedying a condition or
15conditions that gave rise to or which could give rise to any
16finding of child abuse or neglect.
17    If the permanency goal is to return home, the court shall
18make findings that identify any problems that are causing
19continued placement of the children away from the home and
20identify what outcomes would be considered a resolution to
21these problems. The court shall explain to the parents that
22these findings are based on the information that the court has
23at that time and may be revised, should additional evidence be
24presented to the court.
25    The court shall review the Sibling Contact Support Plan
26developed or modified under subsection (f) of Section 7.4 of



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1the Children and Family Services Act, if applicable. If the
2Department has not convened a meeting to develop or modify a
3Sibling Contact Support Plan, or if the court finds that the
4existing Plan is not in the child's best interest, the court
5may enter an order requiring the Department to develop, modify
6or implement a Sibling Contact Support Plan, or order
8    If the goal has been achieved, the court shall enter orders
9that are necessary to conform the minor's legal custody and
10status to those findings.
11    If, after receiving evidence, the court determines that the
12services contained in the plan are not reasonably calculated to
13facilitate achievement of the permanency goal, the court shall
14put in writing the factual basis supporting the determination
15and enter specific findings based on the evidence. The court
16also shall enter an order for the Department to develop and
17implement a new service plan or to implement changes to the
18current service plan consistent with the court's findings. The
19new service plan shall be filed with the court and served on
20all parties within 45 days of the date of the order. The court
21shall continue the matter until the new service plan is filed.
22Except as authorized by subsection (2.5) of this Section and as
23otherwise specifically authorized by law, the court is not
24empowered under this Section to order specific placements,
25specific services, or specific service providers to be included
26in the service plan.



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1    A guardian or custodian appointed by the court pursuant to
2this Act shall file updated case plans with the court every 6
4    Rights of wards of the court under this Act are enforceable
5against any public agency by complaints for relief by mandamus
6filed in any proceedings brought under this Act.
7    (2.5) If, after reviewing the evidence, including evidence
8from the Department, the court determines that the minor's
9current or planned placement is not necessary or appropriate to
10facilitate achievement of the permanency goal, the court shall
11put in writing the factual basis supporting its determination
12and enter specific findings based on the evidence. If the court
13finds that the minor's current or planned placement is not
14necessary or appropriate, the court may enter an order
15directing the Department to implement a recommendation by the
16minor's treating clinician or a clinician contracted by the
17Department to evaluate the minor or a recommendation made by
18the Department. If the Department places a minor in a placement
19under an order entered under this subsection (2.5), the
20Department has the authority to remove the minor from that
21placement when a change in circumstances necessitates the
22removal to protect the minor's health, safety, and best
23interest. If the Department determines removal is necessary,
24the Department shall notify the parties of the planned
25placement change in writing no later than 10 days prior to the
26implementation of its determination unless remaining in the



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1placement poses an imminent risk of harm to the minor, in which
2case the Department shall notify the parties of the placement
3change in writing immediately following the implementation of
4its decision. The Department shall notify others of the
5decision to change the minor's placement as required by
6Department rule.
7    (3) Following the permanency hearing, the court shall enter
8a written order that includes the determinations required under
9subsection (2) of this Section and sets forth the following:
10        (a) The future status of the minor, including the
11    permanency goal, and any order necessary to conform the
12    minor's legal custody and status to such determination; or
13        (b) If the permanency goal of the minor cannot be
14    achieved immediately, the specific reasons for continuing
15    the minor in the care of the Department of Children and
16    Family Services or other agency for short term placement,
17    and the following determinations:
18            (i) (Blank).
19            (ii) Whether the services required by the court and
20        by any service plan prepared within the prior 6 months
21        have been provided and (A) if so, whether the services
22        were reasonably calculated to facilitate the
23        achievement of the permanency goal or (B) if not
24        provided, why the services were not provided.
25            (iii) Whether the minor's current or planned
26        placement is necessary, and appropriate to the plan and



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1        goal, recognizing the right of minors to the least
2        restrictive (most family-like) setting available and
3        in close proximity to the parents' home consistent with
4        the health, safety, best interest and special needs of
5        the minor and, if the minor is placed out-of-state,
6        whether the out-of-state placement continues to be
7        appropriate and consistent with the health, safety,
8        and best interest of the minor.
9            (iv) (Blank).
10            (v) (Blank).
11    (4) The minor or any person interested in the minor may
12apply to the court for a change in custody of the minor and the
13appointment of a new custodian or guardian of the person or for
14the restoration of the minor to the custody of his parents or
15former guardian or custodian.
16    When return home is not selected as the permanency goal:
17        (a) The Department, the minor, or the current foster
18    parent or relative caregiver seeking private guardianship
19    may file a motion for private guardianship of the minor.
20    Appointment of a guardian under this Section requires
21    approval of the court.
22        (b) The State's Attorney may file a motion to terminate
23    parental rights of any parent who has failed to make
24    reasonable efforts to correct the conditions which led to
25    the removal of the child or reasonable progress toward the
26    return of the child, as defined in subdivision (D)(m) of



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1    Section 1 of the Adoption Act or for whom any other
2    unfitness ground for terminating parental rights as
3    defined in subdivision (D) of Section 1 of the Adoption Act
4    exists.
5        When parental rights have been terminated for a minimum
6    of 3 years and the child who is the subject of the
7    permanency hearing is 13 years old or older and is not
8    currently placed in a placement likely to achieve
9    permanency, the Department of Children and Family Services
10    shall make reasonable efforts to locate parents whose
11    rights have been terminated, except when the Court
12    determines that those efforts would be futile or
13    inconsistent with the subject child's best interests. The
14    Department of Children and Family Services shall assess the
15    appropriateness of the parent whose rights have been
16    terminated, and shall, as appropriate, foster and support
17    connections between the parent whose rights have been
18    terminated and the youth. The Department of Children and
19    Family Services shall document its determinations and
20    efforts to foster connections in the child's case plan.
21    Custody of the minor shall not be restored to any parent,
22guardian or legal custodian in any case in which the minor is
23found to be neglected or abused under Section 2-3 or dependent
24under Section 2-4 of this Act, unless the minor can be cared
25for at home without endangering his or her health or safety and
26it is in the best interest of the minor, and if such neglect,



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1abuse, or dependency is found by the court under paragraph (1)
2of Section 2-21 of this Act to have come about due to the acts
3or omissions or both of such parent, guardian or legal
4custodian, until such time as an investigation is made as
5provided in paragraph (5) and a hearing is held on the issue of
6the health, safety and best interest of the minor and the
7fitness of such parent, guardian or legal custodian to care for
8the minor and the court enters an order that such parent,
9guardian or legal custodian is fit to care for the minor. In
10the event that the minor has attained 18 years of age and the
11guardian or custodian petitions the court for an order
12terminating his guardianship or custody, guardianship or
13custody shall terminate automatically 30 days after the receipt
14of the petition unless the court orders otherwise. No legal
15custodian or guardian of the person may be removed without his
16consent until given notice and an opportunity to be heard by
17the court.
18    When the court orders a child restored to the custody of
19the parent or parents, the court shall order the parent or
20parents to cooperate with the Department of Children and Family
21Services and comply with the terms of an after-care plan, or
22risk the loss of custody of the child and possible termination
23of their parental rights. The court may also enter an order of
24protective supervision in accordance with Section 2-24.
25    (5) Whenever a parent, guardian, or legal custodian files a
26motion for restoration of custody of the minor, and the minor



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1was adjudicated neglected, abused, or dependent as a result of
2physical abuse, the court shall cause to be made an
3investigation as to whether the movant has ever been charged
4with or convicted of any criminal offense which would indicate
5the likelihood of any further physical abuse to the minor.
6Evidence of such criminal convictions shall be taken into
7account in determining whether the minor can be cared for at
8home without endangering his or her health or safety and
9fitness of the parent, guardian, or legal custodian.
10        (a) Any agency of this State or any subdivision thereof
11    shall co-operate with the agent of the court in providing
12    any information sought in the investigation.
13        (b) The information derived from the investigation and
14    any conclusions or recommendations derived from the
15    information shall be provided to the parent, guardian, or
16    legal custodian seeking restoration of custody prior to the
17    hearing on fitness and the movant shall have an opportunity
18    at the hearing to refute the information or contest its
19    significance.
20        (c) All information obtained from any investigation
21    shall be confidential as provided in Section 5-150 of this
22    Act.
23(Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17;
24100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff.



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1    Section 99. Effective date. This Act takes effect July 1,
22019, except Section 10 takes effect October 1, 2019.".