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




HB2571 EnrolledLRB101 09451 SLF 54549 b

1    AN ACT concerning minors.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Child Care Act of 1969 is amended by
5changing 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
17a foster family home for any of the following reasons to allow:
18(1) a parenting youth in foster care to remain with the child
19of the parenting youth; (2) siblings to remain together; (3) a
20child with an established meaningful relationship with the
21family to remain with the family; or (4) a family with special
22training or skills to provide care to a child who has a severe
23disability limit of 8 children unrelated to an adoptive family



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



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



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1    child welfare agency, of the Department of Children and
2    Family Services, of a circuit court, or of any other State
3    agency which has authority to place children in child care
4    facilities, and which receives no more than 8 children,
5    unless of common parentage, who are placed and are
6    regularly supervised by one of the specified agencies.
7        (f) "Independent home" means a foster family home,
8    other than an adoptive home, which receives no more than 4
9    children, unless of common parentage, directly from
10    parents, or other legally responsible persons, by
11    independent arrangement and which is not subject to direct
12    and regular supervision of a specified agency except as
13    such supervision pertains to licensing by the Department.
14(Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; 99-78,
15eff. 7-20-15; 99-833, eff. 1-1-17.)
16    (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
19which receives children or arranges for care or placement of
20one or more children unrelated to the operator must apply for a
21license to operate one of the types of facilities defined in
22Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
23relative, as defined in Section 2.17 of this Act, who receives
24a child or children for placement by the Department on a
25full-time basis may apply for a license to operate a foster



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



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1defined in Section 2.22a of this Act must submit a preliminary
2application to the Department in the manner and on forms
3prescribed by it. The Department shall explain to the quality
4of care concerns applicant the grounds for requiring a
5preliminary application. The preliminary application shall
6include a list of (i) all children placed in the home by the
7Department who were removed by the Department for reasons other
8than returning to a parent and the circumstances under which
9they were removed and (ii) all children placed by the
10Department who were subsequently adopted by or placed in the
11private guardianship of the quality of care concerns applicant
12who are currently under 18 and who no longer reside in the home
13and the reasons why they no longer reside in the home. The
14preliminary application shall also include, if the quality of
15care concerns applicant chooses to submit, (1) a response to
16the quality of care concerns, including any reason the concerns
17are invalid, have been addressed or ameliorated, or no longer
18apply and (2) affirmative documentation demonstrating that the
19quality of care concerns applicant's home does not pose a risk
20to children and that the family will be able to meet the
21physical and emotional needs of children. The Department shall
22verify the information in the preliminary application and
23review (i) information regarding any prior licensing
24complaints, (ii) information regarding any prior child abuse or
25neglect investigations, and (iii) information regarding any
26involuntary foster home holds placed on the home by the



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



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1the Department undergoes a change in (i) the range of care or
2services offered at the facility, (ii) the age or type of
3children served, or (iii) the area within the facility used by
4children. The Department shall notify the public of the change
5in a newspaper of general circulation in the county or
6municipality in which the applicant's facility is or is
7proposed to be located.
8    (d) If, upon examination of the facility and investigation
9of persons responsible for care of children and, in the case of
10a foster home, taking into account information obtained for
11purposes of evaluating a preliminary application, if
12applicable, the Department is satisfied that the facility and
13responsible persons reasonably meet standards prescribed for
14the type of facility for which application is made, it shall
15issue a license in proper form, designating on that license the
16type of child care facility and, except for a child welfare
17agency, the number of children to be served at any one time.
18    (e) The Department shall not issue or renew the license of
19any child welfare agency providing adoption services, unless
20the agency (i) is officially recognized by the United States
21Internal Revenue Service as a tax-exempt organization
22described in Section 501(c)(3) of the Internal Revenue Code of
231986 (or any successor provision of federal tax law) and (ii)
24is in compliance with all of the standards necessary to
25maintain its status as an organization described in Section
26501(c)(3) of the Internal Revenue Code of 1986 (or any



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1successor provision of federal tax law). The Department shall
2grant a grace period of 24 months from the effective date of
3this amendatory Act of the 94th General Assembly for existing
4child welfare agencies providing adoption services to obtain
5501(c)(3) status. The Department shall permit an existing child
6welfare agency that converts from its current structure in
7order to be recognized as a 501(c)(3) organization as required
8by this Section to either retain its current license or
9transfer its current license to a newly formed entity, if the
10creation of a new entity is required in order to comply with
11this Section, provided that the child welfare agency
12demonstrates that it continues to meet all other licensing
13requirements and that the principal officers and directors and
14programs of the converted child welfare agency or newly
15organized child welfare agency are substantially the same as
16the original. The Department shall have the sole discretion to
17grant a one year extension to any agency unable to obtain
18501(c)(3) status within the timeframe specified in this
19subsection (e), provided that such agency has filed an
20application for 501(c)(3) status with the Internal Revenue
21Service within the 2-year timeframe specified in this
22subsection (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
25changing 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
4of the person appointed under this Act to report periodically
5to the court or may cite him into court and require him or his
6agency, to make a full and accurate report of his or its doings
7in behalf of the minor. The custodian or guardian, within 10
8days after such citation, or earlier if the court determines it
9to be necessary to protect the health, safety, or welfare of
10the minor, shall make the report, either in writing verified by
11affidavit or orally under oath in open court, or otherwise as
12the court directs. Upon the hearing of the report the court may
13remove the custodian or guardian and appoint another in his
14stead or restore the minor to the custody of his parents or
15former guardian or custodian. However, custody of the minor
16shall not be restored to any parent, guardian or legal
17custodian in any case in which the minor is found to be
18neglected or abused under Section 2-3 or dependent under
19Section 2-4 of this Act, unless the minor can be cared for at
20home without endangering the minor's health or safety and it is
21in the best interests of the minor, and if such neglect, abuse,
22or dependency is found by the court under paragraph (1) of
23Section 2-21 of this Act to have come about due to the acts or
24omissions or both of such parent, guardian or legal custodian,
25until such time as an investigation is made as provided in



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1paragraph (5) and a hearing is held on the issue of the fitness
2of such parent, guardian or legal custodian to care for the
3minor and the court enters an order that such parent, guardian
4or legal custodian is fit to care for the minor.
5    (1.5) The public agency that is the custodian or guardian
6of the minor shall file a written report with the court no
7later 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
16ensure the minor is placed appropriately, how the minor's needs
17are being met in the minor's shelter placement, and if a future
18placement has been identified by the Department, why the
19anticipated placement is appropriate for the needs of the minor
20and the anticipated placement date.
21    (1.6) Within 35 days after placing a child in its care in a
22qualified residential treatment program, as defined by the
23federal Social Security Act, the Department of Children and
24Family Services shall file a written report with the court and
25send copies of the report to all parties. Within 20 days of the
26filing of the report, the court shall hold a hearing to



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1consider the Department's report and determine whether
2placement of the child in a qualified residential treatment
3program provides the most effective and appropriate level of
4care for the child in the least restrictive environment and if
5the placement is consistent with the short-term and long-term
6goals for the child, as specified in the permanency plan for
7the child. The court shall approve or disapprove the placement.
8If applicable, the requirements of Sections 2-27.1 and 2-27.2
9must also be met. The Department's written report and the
10court's written determination shall be included in and made
11part of the case plan for the child. If the child remains
12placed in a qualified residential treatment program, the
13Department shall submit evidence at each status and permanency
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
7judge. Subsequent permanency hearings may be heard by a judge
8or by hearing officers appointed or approved by the court in
9the manner set forth in Section 2-28.1 of this Act. The initial
10hearing shall be held (a) within 12 months from the date
11temporary custody was taken, regardless of whether an
12adjudication or dispositional hearing has been completed
13within that time frame, (b) if the parental rights of both
14parents have been terminated in accordance with the procedure
15described in subsection (5) of Section 2-21, within 30 days of
16the order for termination of parental rights and appointment of
17a guardian with power to consent to adoption, or (c) in
18accordance with subsection (2) of Section 2-13.1. Subsequent
19permanency hearings shall be held every 6 months or more
20frequently if necessary in the court's determination following
21the initial permanency hearing, in accordance with the
22standards set forth in this Section, until the court determines
23that the plan and goal have been achieved. Once the plan and
24goal have been achieved, if the minor remains in substitute
25care, the case shall be reviewed at least every 6 months
26thereafter, subject to the provisions of this Section, unless



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1the minor is placed in the guardianship of a suitable relative
2or other person and the court determines that further
3monitoring by the court does not further the health, safety or
4best interest of the child and that this is a stable permanent
5placement. The permanency hearings must occur within the time
6frames set forth in this subsection and may not be delayed in
7anticipation of a report from any source or due to the agency's
8failure to timely file its written report (this written report
9means the one required under the next paragraph and does not
10mean the service plan also referred to in that paragraph).
11    The public agency that is the custodian or guardian of the
12minor, or another agency responsible for the minor's care,
13shall ensure that all parties to the permanency hearings are
14provided a copy of the most recent service plan prepared within
15the prior 6 months at least 14 days in advance of the hearing.
16If not contained in the agency's service plan, the agency shall
17also include a report setting forth (i) any special physical,
18psychological, educational, medical, emotional, or other needs
19of the minor or his or her family that are relevant to a
20permanency or placement determination and (ii) for any minor
21age 16 or over, a written description of the programs and
22services that will enable the minor to prepare for independent
23living. If not contained in the agency's service plan, the
24agency's report shall specify if a minor is placed in a
25licensed child care facility under a corrective plan by the
26Department due to concerns impacting the minor's safety and



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1well-being. The report shall explain the steps the Department
2is taking to ensure the safety and well-being of the minor and
3that the minor's needs are met in the facility. The agency's
4written report must detail what progress or lack of progress
5the parent has made in correcting the conditions requiring the
6child to be in care; whether the child can be returned home
7without jeopardizing the child's health, safety, and welfare,
8and if not, what permanency goal is recommended to be in the
9best interests of the child, and why the other permanency goals
10are not appropriate. The caseworker must appear and testify at
11the permanency hearing. If a permanency hearing has not
12previously been scheduled by the court, the moving party shall
13move for the setting of a permanency hearing and the entry of
14an order within the time frames set forth in this subsection.
15    At the permanency hearing, the court shall determine the
16future status of the child. The court shall set one of the
17following 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
5in writing the reasons the goal was selected and why the
6preceding goals were ruled out. Where the court has selected a
7permanency goal other than (A), (B), or (B-1), the Department
8of Children and Family Services shall not provide further
9reunification services, except as provided in paragraph (F) of
10this subsection (2), but shall provide services consistent with
11the 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
19interest of the child. In determining that goal, the court
20shall consult with the minor in an age-appropriate manner
21regarding the proposed permanency or transition plan for the
22minor. The court's determination shall include the following
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
12in the service plan, (ii) the appropriateness of the services
13contained in the plan and whether those services have been
14provided, (iii) whether reasonable efforts have been made by
15all the parties to the service plan to achieve the goal, and
16(iv) whether the plan and goal have been achieved. All evidence
17relevant to determining these questions, including oral and
18written reports, may be admitted and may be relied on to the
19extent of their probative value.
20    The court shall make findings as to whether, in violation
21of Section 8.2 of the Abused and Neglected Child Reporting Act,
22any portion of the service plan compels a child or parent to
23engage in any activity or refrain from any activity that is not
24reasonably related to remedying a condition or conditions that
25gave rise or which could give rise to any finding of child
26abuse or neglect. The services contained in the service plan



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1shall include services reasonably related to remedy the
2conditions that gave rise to removal of the child from the home
3of his or her parents, guardian, or legal custodian or that the
4court has found must be remedied prior to returning the child
5home. Any tasks the court requires of the parents, guardian, or
6legal custodian or child prior to returning the child home,
7must be reasonably related to remedying a condition or
8conditions that gave rise to or which could give rise to any
9finding of child abuse or neglect.
10    If the permanency goal is to return home, the court shall
11make findings that identify any problems that are causing
12continued placement of the children away from the home and
13identify what outcomes would be considered a resolution to
14these problems. The court shall explain to the parents that
15these findings are based on the information that the court has
16at that time and may be revised, should additional evidence be
17presented to the court.
18    The court shall review the Sibling Contact Support Plan
19developed or modified under subsection (f) of Section 7.4 of
20the Children and Family Services Act, if applicable. If the
21Department has not convened a meeting to develop or modify a
22Sibling Contact Support Plan, or if the court finds that the
23existing Plan is not in the child's best interest, the court
24may enter an order requiring the Department to develop, modify
25or implement a Sibling Contact Support Plan, or order



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



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1from the Department, the court determines that the minor's
2current or planned placement is not necessary or appropriate to
3facilitate achievement of the permanency goal, the court shall
4put in writing the factual basis supporting its determination
5and enter specific findings based on the evidence. If the court
6finds that the minor's current or planned placement is not
7necessary or appropriate, the court may enter an order
8directing the Department to implement a recommendation by the
9minor's treating clinician or a clinician contracted by the
10Department to evaluate the minor or a recommendation made by
11the Department. If the Department places a minor in a placement
12under an order entered under this subsection (2.5), the
13Department has the authority to remove the minor from that
14placement when a change in circumstances necessitates the
15removal to protect the minor's health, safety, and best
16interest. If the Department determines removal is necessary,
17the Department shall notify the parties of the planned
18placement change in writing no later than 10 days prior to the
19implementation of its determination unless remaining in the
20placement poses an imminent risk of harm to the minor, in which
21case the Department shall notify the parties of the placement
22change in writing immediately following the implementation of
23its decision. The Department shall notify others of the
24decision to change the minor's placement as required by
25Department rule.
26    (3) Following the permanency hearing, the court shall enter



HB2571 Enrolled- 23 -LRB101 09451 SLF 54549 b

1a written order that includes the determinations required under
2subsection (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,



HB2571 Enrolled- 24 -LRB101 09451 SLF 54549 b

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
5apply to the court for a change in custody of the minor and the
6appointment of a new custodian or guardian of the person or for
7the restoration of the minor to the custody of his parents or
8former 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,
15guardian or legal custodian in any case in which the minor is
16found to be neglected or abused under Section 2-3 or dependent
17under Section 2-4 of this Act, unless the minor can be cared
18for at home without endangering his or her health or safety and
19it is in the best interest of the minor, and if such neglect,
20abuse, or dependency is found by the court under paragraph (1)
21of Section 2-21 of this Act to have come about due to the acts
22or omissions or both of such parent, guardian or legal
23custodian, until such time as an investigation is made as
24provided in paragraph (5) and a hearing is held on the issue of
25the health, safety and best interest of the minor and the
26fitness of such parent, guardian or legal custodian to care for



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1the minor and the court enters an order that such parent,
2guardian or legal custodian is fit to care for the minor. In
3the event that the minor has attained 18 years of age and the
4guardian or custodian petitions the court for an order
5terminating his guardianship or custody, guardianship or
6custody shall terminate automatically 30 days after the receipt
7of the petition unless the court orders otherwise. No legal
8custodian or guardian of the person may be removed without his
9consent until given notice and an opportunity to be heard by
10the court.
11    When the court orders a child restored to the custody of
12the parent or parents, the court shall order the parent or
13parents to cooperate with the Department of Children and Family
14Services and comply with the terms of an after-care plan, or
15risk the loss of custody of the child and possible termination
16of their parental rights. The court may also enter an order of
17protective supervision in accordance with Section 2-24.
18    (5) Whenever a parent, guardian, or legal custodian files a
19motion for restoration of custody of the minor, and the minor
20was adjudicated neglected, abused, or dependent as a result of
21physical abuse, the court shall cause to be made an
22investigation as to whether the movant has ever been charged
23with or convicted of any criminal offense which would indicate
24the likelihood of any further physical abuse to the minor.
25Evidence of such criminal convictions shall be taken into
26account in determining whether the minor can be cared for at



HB2571 Enrolled- 27 -LRB101 09451 SLF 54549 b

1home without endangering his or her health or safety and
2fitness 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;
17100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff.
19    Section 99. Effective date. This Act takes effect July 1,
202019, except Section 10 takes effect October 1, 2019.