Bill Amendment: IL SB0193 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: JUV CT-DURATION OF WARDSHIP
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0528 [SB0193 Detail]
Download: Illinois-2019-SB0193-Senate_Amendment_002.html
Bill Title: JUV CT-DURATION OF WARDSHIP
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0528 [SB0193 Detail]
Download: Illinois-2019-SB0193-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 193
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2 | AMENDMENT NO. ______. Amend Senate Bill 193 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Sections 2-31 and 2-33 as follows:
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6 | (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
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7 | Sec. 2-31. Duration of wardship and discharge of | ||||||
8 | proceedings.
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9 | (1) All proceedings under Article II of this Act in respect | ||||||
10 | of any minor for whom a
petition was filed after the effective | ||||||
11 | date of this amendatory Act of 1991
automatically terminate | ||||||
12 | upon his or her attaining the age of 21 19 years , except that
a | ||||||
13 | court may continue the wardship of a minor until age 21 for | ||||||
14 | good cause
when there is satisfactory evidence presented to the | ||||||
15 | court and the court
makes written factual findings that the | ||||||
16 | health, safety, and best
interest of the minor and the public |
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1 | require the continuation of the wardship . A court shall find | ||||||
2 | that it is in the minor's best interest to continue wardship if | ||||||
3 | the Department of Children and Family Services has not made | ||||||
4 | reasonable efforts to ensure that the minor has documents | ||||||
5 | necessary for adult living as provided in Section 35.10 of the | ||||||
6 | Children and Family Services Act.
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7 | (2) Whenever the court determines, and makes written | ||||||
8 | factual findings, that
health, safety, and the best interests | ||||||
9 | of the minor and
the public no longer require the wardship of | ||||||
10 | the court, the court shall
order the wardship terminated and | ||||||
11 | all proceedings under this Act respecting
that minor finally | ||||||
12 | closed and discharged. The court may at the same time
continue | ||||||
13 | or terminate any custodianship or guardianship theretofore | ||||||
14 | ordered
but the termination must be made in compliance with | ||||||
15 | Section 2-28. When terminating wardship under this Section, if | ||||||
16 | the minor is over 18, or if wardship is terminated in | ||||||
17 | conjunction with an order partially or completely emancipating | ||||||
18 | the minor in accordance with the Emancipation of Minors Act, | ||||||
19 | the court shall also consider the following factors, in | ||||||
20 | addition to the health, safety, and best interest of the minor | ||||||
21 | and the public: (A) the minor's wishes regarding case closure; | ||||||
22 | (B) the manner in which the minor will maintain independence | ||||||
23 | without services from the Department; (C) the minor's | ||||||
24 | engagement in services including placement offered by the | ||||||
25 | Department; (D) if the minor is not engaged the Department's | ||||||
26 | efforts to engage the minor; (E) the nature of communication |
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1 | between the minor and the Department; (F) the minor's | ||||||
2 | involvement in other State systems or services; (G) the minor's | ||||||
3 | connections with family and other community support; and (H) | ||||||
4 | any other factor the court deems relevant also make specific | ||||||
5 | findings of fact as to the minor's wishes regarding case | ||||||
6 | closure and the manner in which the minor will maintain | ||||||
7 | independence . The minor's lack of cooperation with services | ||||||
8 | provided by the Department of Children and Family Services | ||||||
9 | shall not by itself be considered sufficient evidence that the | ||||||
10 | minor is prepared to live independently and that it is in the | ||||||
11 | best interest of the minor to terminate wardship. It shall not | ||||||
12 | be in the minor's best interest to terminate wardship of a | ||||||
13 | minor over the age of 18 who is in the guardianship of the | ||||||
14 | Department of Children and Family Services if the Department | ||||||
15 | has not made reasonable efforts to ensure that the minor has | ||||||
16 | documents necessary for adult living as provided in Section | ||||||
17 | 35.10 of the Children and Family Services Act.
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18 | (3) The wardship of the minor and any custodianship or | ||||||
19 | guardianship
respecting the minor for whom a petition was filed | ||||||
20 | after the effective
date of this amendatory Act of 1991 | ||||||
21 | automatically terminates when he
attains the age of 19 years | ||||||
22 | except as set forth in subsection (1) of this
Section. The | ||||||
23 | clerk of the court shall at that time record all proceedings
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24 | under this Act as finally closed and discharged for that | ||||||
25 | reason. The provisions of this subsection (3) become | ||||||
26 | inoperative on and after the effective date of this amendatory |
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1 | Act of the 101st General Assembly.
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2 | (4) Notwithstanding any provision of law to the contrary, | ||||||
3 | the changes made by this amendatory Act of the 101st General | ||||||
4 | Assembly apply to all cases that are pending on or after the | ||||||
5 | effective date of this amendatory Act of the 101st General | ||||||
6 | Assembly. | ||||||
7 | (Source: P.A. 100-680, eff. 1-1-19 .)
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8 | (705 ILCS 405/2-33)
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9 | Sec. 2-33. Supplemental petition to reinstate wardship.
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10 | (1) Any time prior to a minor's 18th birthday, pursuant to | ||||||
11 | a supplemental
petition filed under this Section, the court may | ||||||
12 | reinstate wardship and open a
previously closed case when:
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13 | (a) wardship and guardianship under the Juvenile Court | ||||||
14 | Act of 1987 was
vacated in
conjunction with the appointment | ||||||
15 | of a private guardian under the Probate Act of
1975;
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16 | (b) the minor is not presently a ward of the court | ||||||
17 | under Article II of
this Act nor is there a petition for | ||||||
18 | adjudication of wardship pending on behalf
of the minor; | ||||||
19 | and
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20 | (c) it is in the minor's best interest that wardship be | ||||||
21 | reinstated.
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22 | (2) Any time prior to a minor's 21st birthday, pursuant to | ||||||
23 | a supplemental petition filed under this Section, the court may | ||||||
24 | reinstate wardship and open a previously closed case when: | ||||||
25 | (a) wardship and guardianship under this Act was |
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1 | vacated pursuant to: | ||||||
2 | (i) an order entered under subsection (2) of | ||||||
3 | Section 2-31 in the case of a minor over the age of 18; | ||||||
4 | (ii) closure of a case under subsection (2) of | ||||||
5 | Section 2-31 in the case of a minor under the age of 18 | ||||||
6 | who has been partially or completely emancipated in | ||||||
7 | accordance with the Emancipation of Minors Act; or | ||||||
8 | (iii) an order entered under subsection (3) of | ||||||
9 | Section 2-31 based on the minor's attaining the age of | ||||||
10 | 19 years before the effective date of this amendatory | ||||||
11 | Act of the 101st General Assembly ; | ||||||
12 | (b) the minor is not presently a ward of the court | ||||||
13 | under Article II of this Act nor is there a petition for | ||||||
14 | adjudication of wardship pending on behalf of the minor; | ||||||
15 | and | ||||||
16 | (c) it is in the minor's best interest that wardship be | ||||||
17 | reinstated. | ||||||
18 | (3) The supplemental petition must be filed in the same | ||||||
19 | proceeding in which
the original adjudication order was | ||||||
20 | entered. Unless excused by court for good
cause shown, the | ||||||
21 | petitioner shall give notice of the time and place of the
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22 | hearing on the supplemental petition, in person or by mail, to | ||||||
23 | the minor, if
the
minor is 14 years of age or older, and to the | ||||||
24 | parties to the juvenile court
proceeding.
Notice shall be | ||||||
25 | provided at least 3 court days in advance of the hearing
date.
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26 | (4) A minor who is the subject of a petition to reinstate |
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1 | wardship under this Section shall be provided with | ||||||
2 | representation in accordance with Sections 1-5 and 2-17 of this | ||||||
3 | Act. | ||||||
4 | (5) Whenever a minor is committed to the Department of | ||||||
5 | Children and Family Services for care and services following | ||||||
6 | the reinstatement of wardship under this Section, the | ||||||
7 | Department shall: | ||||||
8 | (a) Within 30 days of such commitment, prepare and file | ||||||
9 | with the court a case plan which complies with the federal | ||||||
10 | Adoption Assistance and Child Welfare Act of 1980 and is | ||||||
11 | consistent with the health, safety and best interests of | ||||||
12 | the minor; and | ||||||
13 | (b) Promptly refer the minor for such services as are | ||||||
14 | necessary and consistent with the minor's health, safety | ||||||
15 | and best interests. | ||||||
16 | (Source: P.A. 96-581, eff. 1-1-10.)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
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