State of Illinois
90th General Assembly

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[ Introduced ][ House Amendment 001 ][ House Amendment 002 ]


      705 ILCS 405/5-1          from Ch. 37, par. 805-1
          Amends the Juvenile Court Act of 1987.  Makes a technical
      change in jurisdictional facts Section relating to delinquent
HB2174 Engrossed                               LRB9003655RCks
 1        AN ACT to  amend  the  Juvenile  Court  Act  of  1987  by
 2    changing Section 2-14.
 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 2-14 as follows:
 7        (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
 8        Sec. 2-14.  Date for Adjudicatory Hearing.
 9        (a)  Purpose and policy.  The legislature recognizes that
10    serious  delay  in  the  adjudication  of  abuse, neglect, or
11    dependency cases can cause grave harm to the  minor  and  the
12    family and that it frustrates the best interests of the minor
13    and  the  effort to establish permanent homes for children in
14    need.  The  purpose  of  this  Section  is  to  insure  that,
15    consistent  with  the  federal  Adoption Assistance and Child
16    Welfare Act of 1980, Public Law 96-272, as amended,  and  the
17    intent  of this Act, the State of Illinois will act in a just
18    and speedy manner to determine  the  best  interests  of  the
19    minor,  including  providing  for  the  safety  of the minor,
20    identifying families in need, reunifying families where it is
21    in the best interests of the minor, and, if reunification  is
22    not  in  the  best  interests  of  the minor, finding another
23    permanent home for the minor.
24        (b)  When a petition is filed alleging that the minor  is
25    abused, neglected or dependent, an adjudicatory hearing shall
26    be  commenced  held  within 90 days of the date of service of
27    process upon the minor, parents, any guardian and  any  legal
28    custodian.   Once   commenced,   subsequent   delay   in  the
29    proceedings may be allowed by the  court  when  necessary  to
30    ensure a fair hearing.
31        (c)  Upon  written  motion of a party filed no later than
HB2174 Engrossed            -2-                LRB9003655RCks
 1    10 days prior to hearing, or upon the court's own motion  and
 2    only for good cause shown, the Court may continue the hearing
 3    for  a  period  not  to  exceed  30  days,  and  only  if the
 4    continuance is in the best interests of the minor.  When  the
 5    court  grants  a continuance, it shall enter specific factual
 6    findings to support its  order,  including  factual  findings
 7    supporting  the court's determination that the continuance is
 8    in the best interests of the minor. Only one such continuance
 9    shall be granted. A period of continuance for good  cause  as
10    described in this Section shall temporarily suspend as to all
11    parties, for the time of the delay, the period within which a
12    hearing  must  be  held.  On the day of the expiration of the
13    delay, the period shall continue at the point at which it was
14    suspended.
15        The term "good cause" as applied in this Section shall be
16    strictly construed and be in accordance  with  Supreme  Court
17    Rule  231 (a) through (f). Neither stipulation by counsel nor
18    the convenience of any party constitutes good cause.   If the
19    adjudicatory hearing is not  heard  within  the  time  limits
20    required  by  subsection  (b)  or  (c)  of this Section, upon
21    motion by any party the petition shall be  dismissed  without
22    prejudice.
23        (d)  The  time  limits of this Section may be waived only
24    by consent of all parties and approval by the court.
25        (e)  For  all  cases  filed  before  July  1,  1991,   an
26    adjudicatory hearing must, be held within 180 days of July 1,
27    1991.
28    (Source: P.A. 88-7.)

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