Full Text of HB2861 103rd General Assembly
HB2861enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 2-28 as follows:
| 6 | | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| 7 | | Sec. 2-28. Court review.
| 8 | | (1) The court may require any legal custodian or guardian | 9 | | of the person
appointed under this Act to report periodically | 10 | | to the court or may cite
him into court and require him or his | 11 | | agency , to make a full and
accurate report of his or its doings | 12 | | in behalf of the minor. The
custodian or guardian, within 10 | 13 | | days after such citation, or earlier if the court determines | 14 | | it to be necessary to protect the health, safety, or welfare of | 15 | | the minor, shall make
the report, either in writing verified | 16 | | by affidavit or orally under oath
in open court, or otherwise | 17 | | as the court directs. Upon the hearing of
the report the court | 18 | | may remove the custodian or guardian and appoint
another in | 19 | | his stead or restore the minor to the custody of his parents
or | 20 | | former guardian or custodian. However, custody of the minor | 21 | | shall
not be restored to any parent, guardian, or legal | 22 | | custodian in any case
in which the minor is found to be | 23 | | neglected or abused under Section 2-3 or
dependent under |
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| 1 | | Section 2-4 of this
Act, unless the minor can be cared for at | 2 | | home without endangering the
minor's health or safety and it | 3 | | is in the best interests of the minor, and
if such neglect,
| 4 | | abuse, or dependency is found by the court under paragraph (1)
| 5 | | of Section 2-21 of
this Act to have come about due to the acts | 6 | | or omissions or both of such
parent, guardian,
or legal | 7 | | custodian, until such time as an investigation is made as | 8 | | provided in
paragraph (5) and a hearing is held on the issue of | 9 | | the fitness of such parent,
guardian, or legal custodian to | 10 | | care for the minor and the court enters an order
that such | 11 | | parent, guardian, or legal custodian is fit to care for the | 12 | | minor.
| 13 | | (1.5) The public agency that is the custodian or guardian | 14 | | of the minor shall file a written report with the court no | 15 | | later than 15 days after a minor in the agency's care remains: | 16 | | (1) in a shelter placement beyond 30 days; | 17 | | (2) in a psychiatric hospital past the time when the | 18 | | minor is clinically ready for discharge or beyond medical | 19 | | necessity for the minor's health; or | 20 | | (3) in a detention center or Department of Juvenile | 21 | | Justice facility solely because the public agency cannot | 22 | | find an appropriate placement for the minor. | 23 | | The report shall explain the steps the agency is taking to | 24 | | ensure the minor is placed appropriately, how the minor's | 25 | | needs are being met in the minor's shelter placement, and if a | 26 | | future placement has been identified by the Department, why |
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| 1 | | the anticipated placement is appropriate for the needs of the | 2 | | minor and the anticipated placement date. | 3 | | (1.6) Within 30 35 days after placing a child in its care | 4 | | in a qualified residential treatment program, as defined by | 5 | | the federal Social Security Act, the Department of Children | 6 | | and Family Services shall prepare file a written report for | 7 | | filing with the court and send copies of the report to all | 8 | | parties. Within 20 days of the filing of the report, or as soon | 9 | | thereafter as the court's schedule allows but not more than 60 | 10 | | days from the date of placement, the court shall hold a hearing | 11 | | to consider the Department's report and determine whether | 12 | | placement of the child in a qualified residential treatment | 13 | | program provides the most effective and appropriate level of | 14 | | care for the child in the least restrictive environment and if | 15 | | the placement is consistent with the short-term and long-term | 16 | | goals for the child, as specified in the permanency plan for | 17 | | the child. The court shall approve or disapprove the | 18 | | placement. If applicable, the requirements of Sections 2-27.1 | 19 | | and 2-27.2 must also be met.
The Department's written report | 20 | | and the court's written determination shall be included in and | 21 | | made part of the case plan for the child. If the child remains | 22 | | placed in a qualified residential treatment program, the | 23 | | Department shall submit evidence at each status and permanency | 24 | | hearing: | 25 | | (1) demonstrating that on-going assessment of the | 26 | | strengths and needs of the child continues to support the |
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| 1 | | determination that the child's needs cannot be met through | 2 | | placement in a foster family home, that the placement | 3 | | provides the most effective and appropriate level of care | 4 | | for the child in the least restrictive, appropriate | 5 | | environment, and that the placement is consistent with the | 6 | | short-term and long-term permanency goal for the child, as | 7 | | specified in the permanency plan for the child; | 8 | | (2) documenting the specific treatment or service | 9 | | needs that should be met for the child in the placement and | 10 | | the length of time the child is expected to need the | 11 | | treatment or services; and | 12 | | (3) the efforts made by the agency to prepare the | 13 | | child to return home or to be placed with a fit and willing | 14 | | relative, a legal guardian, or an adoptive parent, or in a | 15 | | foster family home. | 16 | | (2) The first permanency hearing shall be
conducted by the | 17 | | judge. Subsequent permanency hearings may be
heard by a judge | 18 | | or by hearing officers appointed or approved by the court in
| 19 | | the manner set forth in Section 2-28.1 of this Act.
The initial | 20 | | hearing shall be held (a) within 12 months from the date
| 21 | | temporary
custody was taken, regardless of whether an | 22 | | adjudication or dispositional hearing has been completed | 23 | | within that time frame, (b) if the parental rights of both | 24 | | parents have been
terminated in accordance with the procedure | 25 | | described in subsection (5) of
Section 2-21, within
30 days of | 26 | | the order for termination of parental rights and appointment |
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| 1 | | of
a guardian with power to consent to adoption, or (c) in | 2 | | accordance with
subsection
(2) of Section 2-13.1. Subsequent | 3 | | permanency hearings
shall be held every 6 months
or more | 4 | | frequently if necessary in the court's determination following | 5 | | the
initial permanency hearing, in accordance with the | 6 | | standards set forth in this
Section, until the court | 7 | | determines that the plan and goal have been achieved.
Once the | 8 | | plan and goal have been achieved, if the minor remains in | 9 | | substitute
care, the case shall be reviewed at least every 6 | 10 | | months thereafter, subject to
the provisions of this Section, | 11 | | unless the minor is placed in the guardianship
of a suitable | 12 | | relative or other person and the court determines that further
| 13 | | monitoring by the court does not further the health, safety , | 14 | | or best interest of
the child and that this is a stable | 15 | | permanent placement.
The permanency hearings must occur within | 16 | | the time frames set forth in this
subsection and may not be | 17 | | delayed in anticipation of a report from any source or due to | 18 | | the agency's failure to timely file its written report (this
| 19 | | written report means the one required under the next paragraph | 20 | | and does not
mean the service plan also referred to in that | 21 | | paragraph).
| 22 | | The public agency that is the custodian or guardian of the | 23 | | minor, or another
agency responsible for the minor's care, | 24 | | shall ensure that all parties to the
permanency hearings are | 25 | | provided a copy of the most recent
service plan prepared | 26 | | within the prior 6 months
at least 14 days in advance of the |
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| 1 | | hearing. If not contained in the agency's service plan, the
| 2 | | agency shall also include a report setting forth (i) any | 3 | | special
physical, psychological, educational, medical, | 4 | | emotional, or other needs of the
minor or his or her family | 5 | | that are relevant to a permanency or placement
determination | 6 | | and (ii) for any minor age 16 or over, a written description of
| 7 | | the programs and services that will enable the minor to | 8 | | prepare for independent
living. If not contained in the | 9 | | agency's service plan, the agency's report shall specify if a | 10 | | minor is placed in a licensed child care facility under a | 11 | | corrective plan by the Department due to concerns impacting | 12 | | the minor's safety and well-being. The report shall explain | 13 | | the steps the Department is taking to ensure the safety and | 14 | | well-being of the minor and that the minor's needs are met in | 15 | | the facility. The agency's written report must detail what | 16 | | progress or lack of
progress the parent has made in correcting | 17 | | the conditions requiring the child
to be in care; whether the | 18 | | child can be returned home without jeopardizing the
child's | 19 | | health, safety, and welfare, and if not, what permanency goal | 20 | | is
recommended to be in the best interests of the child, and | 21 | | why the other
permanency goals are not appropriate. The | 22 | | caseworker must appear and testify
at the permanency hearing. | 23 | | If a permanency hearing has not previously been
scheduled by | 24 | | the court, the moving party shall move for the setting of a
| 25 | | permanency hearing and the entry of an order within the time | 26 | | frames set forth
in this subsection.
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| 1 | | At the permanency hearing, the court shall determine the | 2 | | future status
of the child. The court shall set one of the | 3 | | following permanency goals:
| 4 | | (A) The minor will be returned home by a specific date | 5 | | within 5
months.
| 6 | | (B) The minor will be in short-term care with a
| 7 | | continued goal to return home within a period not to | 8 | | exceed one
year, where the progress of the parent or | 9 | | parents is substantial giving
particular consideration to | 10 | | the age and individual needs of the minor.
| 11 | | (B-1) The minor will be in short-term care with a | 12 | | continued goal to return
home pending a status hearing. | 13 | | When the court finds that a parent has not made
reasonable | 14 | | efforts or reasonable progress to date, the court shall | 15 | | identify
what actions the parent and the Department must | 16 | | take in order to justify a
finding of reasonable efforts | 17 | | or reasonable progress and shall set a status
hearing to | 18 | | be held not earlier than 9 months from the date of | 19 | | adjudication nor
later than 11 months from the date of | 20 | | adjudication during which the parent's
progress will again | 21 | | be reviewed.
| 22 | | (C) The minor will be in substitute care pending court
| 23 | | determination on termination of parental rights.
| 24 | | (D) Adoption, provided that parental rights have been | 25 | | terminated or
relinquished.
| 26 | | (E) The guardianship of the minor will be transferred |
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| 1 | | to an individual or
couple on a permanent basis provided | 2 | | that goals (A) through (D) have
been deemed inappropriate | 3 | | and not in the child's best interests. The court shall | 4 | | confirm that the Department has discussed adoption, if | 5 | | appropriate, and guardianship with the caregiver prior to | 6 | | changing a goal to guardianship.
| 7 | | (F) The minor over age 15 will be in substitute care | 8 | | pending
independence. In selecting this permanency goal, | 9 | | the Department of Children and Family Services may provide | 10 | | services to enable reunification and to strengthen the | 11 | | minor's connections with family, fictive kin, and other | 12 | | responsible adults, provided the services are in the | 13 | | minor's best interest. The services shall be documented in | 14 | | the service plan.
| 15 | | (G) The minor will be in substitute care because he or | 16 | | she cannot be
provided for in a home environment due to | 17 | | developmental
disabilities or mental illness or because he | 18 | | or she is a danger to self or
others, provided that goals | 19 | | (A) through (D) have been deemed inappropriate and not in | 20 | | the child's best interests.
| 21 | | In selecting any permanency goal, the court shall indicate | 22 | | in writing the
reasons the goal was selected and why the | 23 | | preceding goals were deemed inappropriate and not in the | 24 | | child's best interest.
Where the court has selected a | 25 | | permanency goal other than (A), (B), or (B-1),
the
Department | 26 | | of Children and Family Services shall not provide further
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| 1 | | reunification services, except as provided in paragraph (F) of | 2 | | this subsection (2), but shall provide services
consistent | 3 | | with the goal
selected.
| 4 | | (H) Notwithstanding any other provision in this | 5 | | Section, the court may select the goal of continuing | 6 | | foster 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 deemed all other permanency | 10 | | goals inappropriate based on the child's best | 11 | | interest;
| 12 | | (3) The court has found compelling reasons, based | 13 | | on written documentation reviewed by the court, to | 14 | | place the minor in continuing foster care. Compelling | 15 | | reasons include:
| 16 | | (a) the child does not wish to be adopted or to | 17 | | be placed in the guardianship of his or her | 18 | | relative or foster care placement;
| 19 | | (b) the child exhibits an extreme level of | 20 | | need such that the removal of the child from his or | 21 | | her placement would be detrimental to the child; | 22 | | or
| 23 | | (c) the child who is the subject of the | 24 | | permanency hearing has existing close and strong | 25 | | bonds with a sibling, and achievement of another | 26 | | permanency goal would substantially interfere with |
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| 1 | | the subject child's sibling relationship, taking | 2 | | into consideration the nature and extent of the | 3 | | relationship, and whether ongoing contact is in | 4 | | the subject child's best interest, including | 5 | | long-term emotional interest, as compared with the | 6 | | legal and emotional benefit of permanence;
| 7 | | (4) The child has lived with the relative or | 8 | | foster parent for at least one year; and
| 9 | | (5) The relative or foster parent currently caring | 10 | | for the child is willing and capable of providing the | 11 | | child with a stable and permanent environment. | 12 | | The court shall set a
permanency
goal that is in the best | 13 | | interest of the child. In determining that goal, the court | 14 | | shall consult with the minor in an age-appropriate manner | 15 | | regarding the proposed permanency or transition plan for the | 16 | | minor. The court's determination
shall include the following | 17 | | factors:
| 18 | | (1) Age of the child.
| 19 | | (2) Options available for permanence, including both | 20 | | out-of-state and in-state placement options.
| 21 | | (3) Current placement of the child and the intent of | 22 | | the family regarding
adoption.
| 23 | | (4) Emotional, physical, and mental status or | 24 | | condition of the child.
| 25 | | (5) Types of services previously offered and whether | 26 | | or not
the services were successful and, if not |
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| 1 | | successful, the reasons the services
failed.
| 2 | | (6) Availability of services currently needed and | 3 | | whether the services
exist.
| 4 | | (7) Status of siblings of the minor.
| 5 | | The court shall consider (i) the permanency goal contained | 6 | | in the service
plan, (ii) the appropriateness of the
services | 7 | | contained in the plan and whether those services have been
| 8 | | provided, (iii) whether reasonable efforts have been made by | 9 | | all
the parties to the service plan to achieve the goal, and | 10 | | (iv) whether the plan
and goal have been achieved. All | 11 | | evidence
relevant to determining these questions, including | 12 | | oral and written reports,
may be admitted and may be relied on | 13 | | to the extent of their probative value.
| 14 | | The court shall make findings as to whether, in violation | 15 | | of Section 8.2 of the Abused and Neglected Child Reporting | 16 | | Act, any portion of the service plan compels a child or parent | 17 | | to engage in any activity or refrain from any activity that is | 18 | | not reasonably related to remedying a condition or conditions | 19 | | that gave rise or which could give rise to any finding of child | 20 | | abuse or neglect. The services contained in the service plan | 21 | | shall include services reasonably related to remedy the | 22 | | conditions that gave rise to removal of the child from the home | 23 | | of his or her parents, guardian, or legal custodian or that the | 24 | | court has found must be remedied prior to returning the child | 25 | | home. Any tasks the court requires of the parents, guardian, | 26 | | or legal custodian or child prior to returning the child home , |
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| 1 | | must be reasonably related to remedying a condition or | 2 | | conditions that gave rise to or which could give rise to any | 3 | | finding of child abuse or neglect. | 4 | | If the permanency goal is to return home, the court shall | 5 | | make findings that identify any problems that are causing | 6 | | continued placement of the children away from the home and | 7 | | identify what outcomes would be considered a resolution to | 8 | | these problems. The court shall explain to the parents that | 9 | | these findings are based on the information that the court has | 10 | | at that time and may be revised, should additional evidence be | 11 | | presented to the court. | 12 | | The court shall review the Sibling Contact Support Plan | 13 | | developed or modified under subsection (f) of Section 7.4 of | 14 | | the Children and Family Services Act, if applicable. If the | 15 | | Department has not convened a meeting to
develop or modify a | 16 | | Sibling Contact Support Plan, or if the court finds that the | 17 | | existing Plan
is not in the child's best interest, the court | 18 | | may enter an order requiring the Department to
develop, | 19 | | modify , or implement a Sibling Contact Support Plan, or order | 20 | | mediation. | 21 | | If the goal has been achieved, the court shall enter | 22 | | orders that are
necessary to conform the minor's legal custody | 23 | | and status to those findings.
| 24 | | If, after receiving evidence, the court determines that | 25 | | the services
contained in the plan are not reasonably | 26 | | calculated to facilitate achievement
of the permanency goal, |
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| 1 | | the court shall put in writing the factual basis
supporting | 2 | | the determination and enter specific findings based on the | 3 | | evidence.
The court also shall enter an order for the | 4 | | Department to develop and
implement a new service plan or to | 5 | | implement changes to the current service
plan consistent with | 6 | | the court's findings. The new service plan shall be filed
with | 7 | | the court and served on all parties within 45 days of the date | 8 | | of the
order. The court shall continue the matter until the new | 9 | | service plan is
filed. Except as authorized by subsection | 10 | | (2.5) of this Section and as otherwise specifically authorized | 11 | | by law, the court is not empowered under this Section to order | 12 | | specific placements, specific services, or specific service | 13 | | providers to be included in the service plan.
| 14 | | A guardian or custodian appointed by the court pursuant to | 15 | | this Act shall
file updated case plans with the court every 6 | 16 | | months.
| 17 | | Rights of wards of the court under this Act are | 18 | | enforceable against
any public agency by complaints for relief | 19 | | by mandamus filed in any
proceedings brought under this Act.
| 20 | | (2.5) If, after reviewing the evidence, including evidence | 21 | | from the Department, the court determines that the minor's | 22 | | current or planned placement is not necessary or appropriate | 23 | | to facilitate achievement of the permanency goal, the court | 24 | | shall put in writing the factual basis supporting its | 25 | | determination and enter specific findings based on the | 26 | | evidence. If the court finds that the minor's current or |
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| 1 | | planned placement is not necessary or appropriate, the court | 2 | | may enter an order directing the Department to implement a | 3 | | recommendation by the minor's treating clinician or a | 4 | | clinician contracted by the Department to evaluate the minor | 5 | | or a recommendation made by the Department. If the Department | 6 | | places a minor in a placement under an order entered under this | 7 | | subsection (2.5), the Department has the authority to remove | 8 | | the minor from that placement when a change in circumstances | 9 | | necessitates the removal to protect the minor's health, | 10 | | safety, and best interest. If the Department determines | 11 | | removal is necessary, the Department shall notify the parties | 12 | | of the planned placement change in writing no later than 10 | 13 | | days prior to the implementation of its determination unless | 14 | | remaining in the placement poses an imminent risk of harm to | 15 | | the minor, in which case the Department shall notify the | 16 | | parties of the placement change in writing immediately | 17 | | following the implementation of its decision. The Department | 18 | | shall notify others of the decision to change the minor's | 19 | | placement as required by Department rule. | 20 | | (3) Following the permanency hearing, the court shall | 21 | | enter a written order
that includes the determinations | 22 | | required under subsection (2) of this
Section and sets forth | 23 | | the following:
| 24 | | (a) The future status of the minor, including the | 25 | | permanency goal, and
any order necessary to conform the | 26 | | minor's legal custody and status to such
determination; or
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| 1 | | (b) If the permanency goal of the minor cannot be | 2 | | achieved immediately,
the specific reasons for continuing | 3 | | the minor in the care of the Department of
Children and | 4 | | Family Services or other agency for short-term short term | 5 | | placement, and the
following determinations:
| 6 | | (i) (Blank).
| 7 | | (ii) Whether the services required by the court
| 8 | | and by any service plan prepared within the prior 6 | 9 | | months
have been provided and (A) if so, whether the | 10 | | services were reasonably
calculated to facilitate the | 11 | | achievement of the permanency goal or (B) if not
| 12 | | provided, why the services were not provided.
| 13 | | (iii) Whether the minor's current or planned | 14 | | placement is necessary, and appropriate to the
plan | 15 | | and goal, recognizing the right of minors to the least | 16 | | restrictive (most
family-like) setting available and | 17 | | in close proximity to the parents' home
consistent | 18 | | with the health, safety, best interest , and special | 19 | | needs of the
minor and, if the minor is placed | 20 | | out-of-state, whether the out-of-state
placement | 21 | | continues to be appropriate and consistent with the | 22 | | health, safety,
and best interest of the minor.
| 23 | | (iv) (Blank).
| 24 | | (v) (Blank).
| 25 | | (4) The minor or any person interested in the minor may | 26 | | apply to the
court for a change in custody of the minor and the |
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| 1 | | appointment of a new
custodian or guardian of the person or for | 2 | | the restoration of the minor
to the custody of his parents or | 3 | | former guardian or custodian.
| 4 | | When return home is not selected as the permanency goal:
| 5 | | (a) The Department, the minor, or the current
foster | 6 | | parent or relative
caregiver seeking private guardianship | 7 | | may file a motion for private
guardianship of the minor. | 8 | | Appointment of a guardian under this Section
requires | 9 | | approval of the court.
| 10 | | (b) The State's Attorney may file a motion to | 11 | | terminate parental rights of
any parent who has failed to | 12 | | make reasonable efforts to correct the conditions
which | 13 | | led to the removal of the child or reasonable progress | 14 | | toward the return
of the child, as defined in subdivision | 15 | | (D)(m) of Section 1 of the Adoption Act
or for whom any | 16 | | other unfitness ground for terminating parental rights as
| 17 | | defined in subdivision (D) of Section 1 of the Adoption | 18 | | Act exists. | 19 | | When parental rights have been terminated for a | 20 | | minimum of 3 years and the child who is the subject of the | 21 | | permanency hearing is 13 years old or older and is not | 22 | | currently placed in a placement likely to achieve | 23 | | permanency, the Department of
Children and Family Services | 24 | | shall make reasonable efforts to locate parents whose | 25 | | rights have been terminated, except when the Court | 26 | | determines that those efforts would be futile or |
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| 1 | | inconsistent with the subject child's best interests. The | 2 | | Department of
Children and Family Services shall assess | 3 | | the appropriateness of the parent whose rights have been | 4 | | terminated, and shall, as appropriate, foster and support | 5 | | connections between the parent whose rights have been | 6 | | terminated and the youth. The Department of
Children and | 7 | | Family Services shall document its determinations and | 8 | | efforts to foster connections in the child's case plan.
| 9 | | Custody of the minor shall not be restored to any parent, | 10 | | guardian, or legal
custodian in any case in which the minor is | 11 | | found to be neglected or abused
under Section 2-3 or dependent | 12 | | under Section 2-4 of this Act, unless the
minor can be cared | 13 | | for at home
without endangering his or her health or safety and | 14 | | it is in the best
interest of the minor,
and if such neglect, | 15 | | abuse, or dependency is found by the court
under paragraph (1) | 16 | | of Section 2-21 of this Act to have come
about due to the acts | 17 | | or omissions or both of such parent, guardian, or legal
| 18 | | custodian, until such time as an investigation is made as | 19 | | provided in
paragraph (5) and a hearing is held on the issue of | 20 | | the health,
safety, and
best interest of the minor and the | 21 | | fitness of such
parent, guardian, or legal custodian to care | 22 | | for the minor and the court
enters an order that such parent, | 23 | | guardian, or legal custodian is fit to
care for the minor. If a | 24 | | motion is filed to modify or
vacate a private guardianship | 25 | | order and return the child to a parent, guardian, or legal | 26 | | custodian, the
court may order the Department of Children and |
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| 1 | | Family Services to assess the minor's current and
proposed | 2 | | living arrangements and to provide ongoing monitoring of the | 3 | | health, safety, and best interest
of the minor during the | 4 | | pendency of the motion to assist the court in making that | 5 | | determination. In the event that the minor has attained 18 | 6 | | years
of age and the guardian or custodian petitions the court | 7 | | for an order
terminating his guardianship or custody, | 8 | | guardianship or custody shall
terminate automatically 30 days | 9 | | after the receipt of the petition unless
the court orders | 10 | | otherwise. No legal custodian or guardian of the
person may be | 11 | | removed without his consent until given notice and an
| 12 | | opportunity to be heard by the court.
| 13 | | When the court orders a child restored to the custody of | 14 | | the parent or
parents, the court shall order the parent or | 15 | | parents to cooperate with the
Department of Children and | 16 | | Family Services and comply with the terms of an
after-care | 17 | | plan, or risk the loss of custody of the child and possible
| 18 | | termination of their parental rights. The court may also enter | 19 | | an order of
protective supervision in accordance with Section | 20 | | 2-24.
| 21 | | If the minor is being restored to the custody of a parent, | 22 | | legal custodian, or guardian who lives
outside of Illinois, | 23 | | and an Interstate Compact has been requested and refused, the | 24 | | court may order the
Department of Children and Family Services | 25 | | to arrange for an assessment of the minor's
proposed living | 26 | | arrangement and for ongoing monitoring of the health, safety, |
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| 1 | | and best
interest of the minor and compliance with any order of | 2 | | protective supervision entered in
accordance with Section | 3 | | 2-24. | 4 | | (5) Whenever a parent, guardian, or legal custodian files | 5 | | a motion for
restoration of custody of the minor, and the minor | 6 | | was adjudicated
neglected, abused, or dependent as a result of | 7 | | physical abuse,
the court shall cause to be
made an | 8 | | investigation as to whether the movant has ever been charged
| 9 | | with or convicted of any criminal offense which would indicate | 10 | | the
likelihood of any further physical abuse to the minor. | 11 | | Evidence of such
criminal convictions shall be taken into | 12 | | account in determining whether the
minor can be cared for at | 13 | | home without endangering his or her health or safety
and | 14 | | fitness of the parent, guardian, or legal custodian.
| 15 | | (a) Any agency of this State or any subdivision | 16 | | thereof shall cooperate
with the agent of the court in | 17 | | providing any information
sought in the investigation.
| 18 | | (b) The information derived from the investigation and | 19 | | any
conclusions or recommendations derived from the | 20 | | information shall be
provided to the parent, guardian, or | 21 | | legal custodian seeking restoration
of custody prior to | 22 | | the hearing on fitness and the movant shall have
an | 23 | | opportunity at the hearing to refute the information or | 24 | | contest its
significance.
| 25 | | (c) All information obtained from any investigation | 26 | | shall be confidential
as provided in Section 5-150 of this |
| | | HB2861 Enrolled | - 20 - | LRB103 24986 RLC 51320 b |
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| 1 | | Act.
| 2 | | (Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21; | 3 | | 102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised | 4 | | 8-23-22.)
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