State of Illinois
92nd General Assembly

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HB5999 Engrossed                               LRB9215549EGfg

 1        AN  ACT  to  re-enact  a  portion  of  Public Act 90-456,
 2    relating to juveniles.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section 1. Findings; validation; application.
 6        (a)  Public  Act  90-456,  effective January 1, 1998, was
 7    entitled "An Act in relation to criminal law.".  It contained
 8    provisions amending the Criminal Code of 1961,  the  Code  of
 9    Criminal  Procedure  of  1963,  and  the  Emergency Telephone
10    System Act, all pertaining to the subject  of  criminal  law.
11    It  also  contained  a  provision  amending subsection (b) of
12    Section 2-14 of the Juvenile Court Act of 1987,  relating  to
13    the  commencement  of  civil  adjudicatory hearings in abuse,
14    neglect, and dependency cases.
15        (b)  The Illinois Supreme Court,  in  People  v.  Sypien,
16    Docket  No.  89265,  has  ruled  that  the  inclusion  of the
17    amendment to the Juvenile Court  Act  of  1987  violated  the
18    single  subject  clause of the Illinois Constitution (Article
19    IV, Section 8(d)), and that Public Act  90-456  is  therefore
20    unconstitutional in its entirety.
21        (c)  This  Act  re-enacts  Section  2-14  of the Juvenile
22    Court Act of 1987.  The text of that  Section  includes  both
23    the  changes  made  by  Public Act 90-456 and changes made by
24    subsequent amendments.  In order to avoid confusion with  the
25    changes  made  by  subsequent amendments, the Section that is
26    re-enacted in this Act  is  shown  as  existing  text  (i.e.,
27    without striking and underscoring).  This Act is not intended
28    to supersede any other Public Act that amends the text of the
29    re-enacted Section as set forth in this Act.
30        (d)  All   otherwise  lawful  actions  taken  before  the
31    effective date of this Act in  reliance  on  or  pursuant  to
32    Section  2-14 of the Juvenile Court Act of 1987, as set forth
HB5999 Engrossed            -2-                LRB9215549EGfg
 1    in Public Act 90-456  or  as  subsequently  amended,  by  any
 2    officer,  employee,  or  agency of State government or by any
 3    other person or entity, are hereby validated.
 4        (e)  This Act applies to actions or  proceedings  pending
 5    on  or after the effective date of Public Act 90-456 (January
 6    1, 1998), as well as to actions or proceedings pending on  or
 7    after the effective date of this Act.

 8        Section  5.  The Juvenile Court Act of 1987 is amended by
 9    re-enacting Section 2-14 as follows:

10        (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
11        Sec. 2-14.  Date for Adjudicatory Hearing.
12        (a)  Purpose and policy.  The legislature recognizes that
13    serious delay in  the  adjudication  of  abuse,  neglect,  or
14    dependency  cases  can  cause grave harm to the minor and the
15    family and that it frustrates the  health,  safety  and  best
16    interests  of the minor and the effort to establish permanent
17    homes for children in need.  The purpose of this  Section  is
18    to   insure   that,  consistent  with  the  federal  Adoption
19    Assistance and Child Welfare Act of 1980, Public Law  96-272,
20    as amended, and the intent of this Act, the State of Illinois
21    will  act  in  a just and speedy manner to determine the best
22    interests of the minor, including providing for the safety of
23    the minor, identifying families in need, reunifying  families
24    where  the minor can be cared for at home without endangering
25    the minor's health or safety and it is in the best  interests
26    of  the  minor,  and, if reunification is not consistent with
27    the health, safety and best interests of the  minor,  finding
28    another permanent home for the minor.
29        (b)  When  a petition is filed alleging that the minor is
30    abused, neglected or dependent, an adjudicatory hearing shall
31    be commenced within 90 days of the date of service of process
32    upon  the  minor,  parents,  any  guardian  and   any   legal
HB5999 Engrossed            -3-                LRB9215549EGfg
 1    custodian,  unless  an  earlier  date is required pursuant to
 2    Section 2-13.1.  Once  commenced,  subsequent  delay  in  the
 3    proceedings  may  be  allowed  by the court when necessary to
 4    ensure a fair hearing.
 5        (c)  Upon written motion of a party filed no  later  than
 6    10  days prior to hearing, or upon the court's own motion and
 7    only for good cause shown, the Court may continue the hearing
 8    for a  period  not  to  exceed  30  days,  and  only  if  the
 9    continuance  is  consistent  with the health, safety and best
10    interests of the minor.  When the court grants a continuance,
11    it shall enter  specific  factual  findings  to  support  its
12    order,  including  factual  findings  supporting  the court's
13    determination that the continuance is in the  best  interests
14    of  the  minor. Only one such continuance shall be granted. A
15    period of continuance for good cause  as  described  in  this
16    Section  shall temporarily suspend as to all parties, for the
17    time of the delay, the period within which a hearing must  be
18    held.  On  the day of the expiration of the delay, the period
19    shall continue at the point at which it was suspended.
20        The term "good cause" as applied in this Section shall be
21    strictly construed and be in accordance  with  Supreme  Court
22    Rule  231 (a) through (f). Neither stipulation by counsel nor
23    the convenience of any party constitutes good cause.   If the
24    adjudicatory hearing is not  heard  within  the  time  limits
25    required  by  subsection  (b)  or  (c)  of this Section, upon
26    motion by any party the petition shall be  dismissed  without
27    prejudice.
28        (d)  The  time  limits of this Section may be waived only
29    by consent of all parties and approval by the court.
30        (e)  For  all  cases  filed  before  July  1,  1991,   an
31    adjudicatory  hearing must be held within 180 days of July 1,
32    1991.
33    (Source:  P.A.  90-28,  eff.  1-1-98;  90-456,  eff.  1-1-98;
34    90-608, eff. 6-30-98; 90-655, eff. 7-30-98.)
HB5999 Engrossed            -4-                LRB9215549EGfg
 1        Section 99. Effective date.  This Act takes  effect  upon
 2    becoming law.

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