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90_HB1350
705 ILCS 405/1-3 from Ch. 37, par. 801-3
Amends the Juvenile Court Act of 1987. Makes stylistic
changes in the definition Section of the Act.
LRB9003532RCks
LRB9003532RCks
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 1-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 1-3 as follows:
7 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
8 Sec. 1-3. Definitions. Terms used in this Act, unless
9 the context otherwise requires, have the following meanings
10 ascribed to them:
11 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
12 hearing to determine whether the allegations of a petition
13 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
14 of age is abused, neglected or dependent, or requires
15 authoritative intervention, or addicted, respectively, are
16 supported by a preponderance of the evidence or whether the
17 allegations of a petition under Section 5-13 that a minor is
18 delinquent are proved beyond a reasonable doubt.
19 (2) Adult. "Adult" means a person 21 years of age or
20 older.
21 (3) Agency. "Agency" means a public or private child
22 care facility legally authorized or licensed by this State
23 for placement or institutional care or for both placement and
24 institutional care.
25 (4) Association. "Association" means any organization,
26 public or private, engaged in welfare functions which include
27 services to or on behalf of children but does not include
28 "agency" as herein defined.
29 (4.1) Chronic truant. "Chronic truant" shall have the
30 definition ascribed to it in Section 26-2a of The School
31 Code.
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1 (5) Court. "Court" means the circuit court in a session
2 or division assigned to hear proceedings under this Act.
3 (6) Dispositional hearing. "Dispositional hearing" means
4 a hearing to determine whether a minor should be adjudged to
5 be a ward of the court, and to determine what order of
6 disposition should be made in respect to a minor adjudged to
7 be a ward of the court.
8 (7) Emancipated minor. "Emancipated minor" means any
9 minor 16 years of age or over who has been completely or
10 partially emancipated under the "Emancipation of Mature
11 Minors Act", enacted by the Eighty-First General Assembly, or
12 under this Act.
13 (8) Guardianship of the person. "Guardianship of the
14 person" of a minor means the duty and authority to act in the
15 best interests of the minor, subject to residual parental
16 rights and responsibilities, to make important decisions in
17 matters having a permanent effect on the life and development
18 of the minor and to be concerned with his or her general
19 welfare. It includes but is not necessarily limited to:
20 (a) the authority to consent to marriage, to
21 enlistment in the armed forces of the United States, or
22 to a major medical, psychiatric, and surgical treatment;
23 to represent the minor in legal actions; and to make
24 other decisions of substantial legal significance
25 concerning the minor;
26 (b) the authority and duty of reasonable
27 visitation, except to the extent that these have been
28 limited in the best interests of the minor by court
29 order;
30 (c) the rights and responsibilities of legal
31 custody except where legal custody has been vested in
32 another person or agency; and
33 (d) the power to consent to the adoption of the
34 minor, but only if expressly conferred on the guardian in
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1 accordance with Section 2-29, 3-30, 4-27 or 5-31 of this
2 Act.
3 (9) Legal custody. "Legal custody" means the
4 relationship created by an order of court in the best
5 interests of the minor which imposes on the custodian the
6 responsibility of physical possession of a minor and the duty
7 to protect, train and discipline him and to provide him with
8 food, shelter, education and ordinary medical care, except as
9 these are limited by residual parental rights and
10 responsibilities and the rights and responsibilities of the
11 guardian of the person, if any.
12 (10) Minor. "Minor" means a person under the age of 21
13 years subject to this Act.
14 (11) Parents. "Parent" means the father or mother of a
15 child and includes any adoptive parent. It also includes the
16 father whose paternity is presumed or has been established
17 under the law of this or another jurisdiction. It does not
18 include a parent whose rights in respect to the minor have
19 been terminated in any manner provided by law.
20 (11.1) "Permanency goal" means a goal set by a service
21 plan or an administrative case review, including, but not
22 limited to, (i) remaining home, (ii) returning home to a
23 specified parent or guardian, (iii) adoption, (iv) successor
24 guardianship, (v) long-term relative foster care, (vi) other
25 long-term substitute care, when no other goal is appropriate,
26 or (vii) emancipation.
27 (11.2) "Permanency review hearing" means a hearing to
28 review and determine (i) the appropriateness of the
29 permanency goal in light of the permanency alternatives, (ii)
30 the appropriateness of the plan to achieve the goal, (iii)
31 the appropriateness of the services delivered and to be
32 delivered to effectuate the plan and goal, and (iv) the
33 efforts being made by all the parties to achieve the plan and
34 goal.
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1 (12) Petition. "Petition" means the petition provided
2 for in Section 2-13, 3-15, 4-12 or 5-13 of this Act,
3 including any supplemental petitions thereunder.
4 (13) Residual parental rights and responsibilities.
5 "Residual parental rights and responsibilities" means those
6 rights and responsibilities remaining with the parent after
7 the transfer of legal custody or guardianship of the person,
8 including, but not necessarily limited to, the right to
9 reasonable visitation (which may be limited by the court in
10 the best interests of the minor as provided in subsection
11 (8)(b) of this Section), the right to consent to adoption,
12 the right to determine the minor's religious affiliation, and
13 the responsibility for his support.
14 (14) Shelter. "Shelter" means the temporary care of a
15 minor in physically unrestricting facilities pending court
16 disposition or execution of court order for placement.
17 (15) Station adjustment. "Station adjustment" means the
18 informal handling of an alleged offender by a juvenile police
19 officer.
20 (16) Ward of the court. "Ward of the court" means a
21 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
22 5-22 of this Act, after a finding of the requisite
23 jurisdictional facts, and thus is subject to the
24 dispositional powers of the court under this Act.
25 (17) Juvenile police officer. "Juvenile police officer"
26 means a sworn police officer who has completed a Basic
27 Recruit Training Course, has been assigned to the position of
28 juvenile police officer by his or her chief law enforcement
29 officer and has completed the necessary juvenile officers
30 training as prescribed by the Illinois Law Enforcement
31 Training Standards Board, or in the case of a State police
32 officer, juvenile officer training approved by the Director
33 of the Department of State Police.
34 (Source: P.A. 88-7, Sec. 5; 88-7, Sec. 15; 88-487; 88-586,
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1 eff. 8-12-94; 88-670, eff. 12-2-94.)