Bill Text: IL HB2571 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Child Care Act of 1969. Provides that "foster family home" means a facility for child care in residences of families who receive no more than 6 (rather than 8) children unrelated to them, unless all the children are of common parentage, or residences of relatives who receive no more than 6 related children placed by the Department of Children and Family Services, unless the children are of common parentage, for the purpose of providing family care and training for the children on a full-time basis, except the Director of Children and Family Services, pursuant to Department regulations, may waive the numerical limitation of foster children who may be cared for in a foster family home for any of the following reasons to allow: (1) a parenting youth in foster care to remain with the child of the parenting youth; (2) siblings to remain together; (3) a child with an established meaningful relationship with the family to remain with the family; or (4) a family with special training or skills to provide care to a child who has a severe disability. Amends the Juvenile Court Act of 1987. Provides that within 35 days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department shall file a written report with the court and send copies of the report to all parties. Provides that within 20 days of the filing of the report, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. Makes other changes. Effective October 1, 2019.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2019-07-12 - Public Act . . . . . . . . . 101-0063 [HB2571 Detail]

Download: Illinois-2019-HB2571-Chaptered.html



Public Act 101-0063
HB2571 EnrolledLRB101 09451 SLF 54549 b
AN ACT concerning minors.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Child Care Act of 1969 is amended by
changing Sections 2.17 and 4 as follows:
(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
Sec. 2.17. "Foster family home" means a facility for child
care in residences of families who receive no more than 6 8
children unrelated to them, unless all the children are of
common parentage, or residences of relatives who receive no
more than 6 8 related children placed by the Department, unless
the children are of common parentage, for the purpose of
providing family care and training for the children on a
full-time basis, except the Director of Children and Family
Services, pursuant to Department regulations, may waive the
numerical limitation of foster children who may be cared for in
a foster family home for any of the following reasons to allow:
(1) a parenting youth in foster care to remain with the child
of the parenting youth; (2) siblings to remain together; (3) a
child with an established meaningful relationship with the
family to remain with the family; or (4) a family with special
training or skills to provide care to a child who has a severe
disability limit of 8 children unrelated to an adoptive family
for good cause and only to facilitate an adoptive placement.
The family's or relative's own children, under 18 years of age,
shall be included in determining the maximum number of children
served. For purposes of this Section, a "relative" includes any
person, 21 years of age or over, other than the parent, who (i)
is currently related to the child in any of the following ways
by blood or adoption: grandparent, sibling, great-grandparent,
uncle, aunt, nephew, niece, first cousin, great-uncle, or
great-aunt; or (ii) is the spouse of such a relative; or (iii)
is a child's step-father, step-mother, or adult step-brother or
step-sister; or (iv) is a fictive kin; "relative" also includes
a person related in any of the foregoing ways to a sibling of a
child, even though the person is not related to the child, when
the child and its sibling are placed together with that person.
For purposes of placement of children pursuant to Section 7 of
the Children and Family Services Act and for purposes of
licensing requirements set forth in Section 4 of this Act, for
children under the custody or guardianship of the Department
pursuant to the Juvenile Court Act of 1987, after a parent
signs a consent, surrender, or waiver or after a parent's
rights are otherwise terminated, and while the child remains in
the custody or guardianship of the Department, the child is
considered to be related to those to whom the child was related
under this Section prior to the signing of the consent,
surrender, or waiver or the order of termination of parental
rights. The term "foster family home" includes homes receiving
children from any State-operated institution for child care; or
from any agency established by a municipality or other
political subdivision of the State of Illinois authorized to
provide care for children outside their own homes. The term
"foster family home" does not include an "adoption-only home"
as defined in Section 2.23 of this Act. The types of foster
family homes are defined as follows:
(a) "Boarding home" means a foster family home which
receives payment for regular full-time care of a child or
children.
(b) "Free home" means a foster family home other than
an adoptive home which does not receive payments for the
care of a child or children.
(c) "Adoptive home" means a foster family home which
receives a child or children for the purpose of adopting
the child or children, but does not include an
adoption-only home.
(d) "Work-wage home" means a foster family home which
receives a child or children who pay part or all of their
board by rendering some services to the family not
prohibited by the Child Labor Law or by standards or
regulations of the Department prescribed under this Act.
The child or children may receive a wage in connection with
the services rendered the foster family.
(e) "Agency-supervised home" means a foster family
home under the direct and regular supervision of a licensed
child welfare agency, of the Department of Children and
Family Services, of a circuit court, or of any other State
agency which has authority to place children in child care
facilities, and which receives no more than 8 children,
unless of common parentage, who are placed and are
regularly supervised by one of the specified agencies.
(f) "Independent home" means a foster family home,
other than an adoptive home, which receives no more than 4
children, unless of common parentage, directly from
parents, or other legally responsible persons, by
independent arrangement and which is not subject to direct
and regular supervision of a specified agency except as
such supervision pertains to licensing by the Department.
(Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; 99-78,
eff. 7-20-15; 99-833, eff. 1-1-17.)
(225 ILCS 10/4) (from Ch. 23, par. 2214)
Sec. 4. License requirement; application; notice.
(a) Any person, group of persons or corporation who or
which receives children or arranges for care or placement of
one or more children unrelated to the operator must apply for a
license to operate one of the types of facilities defined in
Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
relative, as defined in Section 2.17 of this Act, who receives
a child or children for placement by the Department on a
full-time basis may apply for a license to operate a foster
family home as defined in Section 2.17 of this Act.
(a-5) Any agency, person, group of persons, association,
organization, corporation, institution, center, or group
providing adoption services must be licensed by the Department
as a child welfare agency as defined in Section 2.08 of this
Act. "Providing adoption services" as used in this Act,
includes facilitating or engaging in adoption services.
(b) Application for a license to operate a child care
facility must be made to the Department in the manner and on
forms prescribed by it. An application to operate a foster
family home shall include, at a minimum: a completed written
form; written authorization by the applicant and all adult
members of the applicant's household to conduct a criminal
background investigation; medical evidence in the form of a
medical report, on forms prescribed by the Department, that the
applicant and all members of the household are free from
communicable diseases or physical and mental conditions that
affect their ability to provide care for the child or children;
the names and addresses of at least 3 persons not related to
the applicant who can attest to the applicant's moral
character; the name and address of at least one relative who
can attest to the applicant's capability to care for the child
or children; and fingerprints submitted by the applicant and
all adult members of the applicant's household.
(b-5) Prior to submitting an application for a foster
family home license, a quality of care concerns applicant as
defined in Section 2.22a of this Act must submit a preliminary
application to the Department in the manner and on forms
prescribed by it. The Department shall explain to the quality
of care concerns applicant the grounds for requiring a
preliminary application. The preliminary application shall
include a list of (i) all children placed in the home by the
Department who were removed by the Department for reasons other
than returning to a parent and the circumstances under which
they were removed and (ii) all children placed by the
Department who were subsequently adopted by or placed in the
private guardianship of the quality of care concerns applicant
who are currently under 18 and who no longer reside in the home
and the reasons why they no longer reside in the home. The
preliminary application shall also include, if the quality of
care concerns applicant chooses to submit, (1) a response to
the quality of care concerns, including any reason the concerns
are invalid, have been addressed or ameliorated, or no longer
apply and (2) affirmative documentation demonstrating that the
quality of care concerns applicant's home does not pose a risk
to children and that the family will be able to meet the
physical and emotional needs of children. The Department shall
verify the information in the preliminary application and
review (i) information regarding any prior licensing
complaints, (ii) information regarding any prior child abuse or
neglect investigations, and (iii) information regarding any
involuntary foster home holds placed on the home by the
Department. Foster home applicants with quality of care
concerns are presumed unsuitable for future licensure.
Notwithstanding the provisions of this subsection (b-5),
the Department may make an exception and issue a foster family
license to a quality of care concerns applicant if the
Department is satisfied that the foster family home does not
pose a risk to children and that the foster family will be able
to meet the physical and emotional needs of children. In making
this determination, the Department must obtain and carefully
review all relevant documents and shall obtain consultation
from its Clinical Division as appropriate and as prescribed by
Department rule and procedure. The Department has the authority
to deny a preliminary application based on the record of
quality of care concerns of the foster family home. In the
alternative, the Department may (i) approve the preliminary
application, (ii) approve the preliminary application subject
to obtaining additional information or assessments, or (iii)
approve the preliminary application for purposes of placing a
particular child or children only in the foster family home. If
the Department approves a preliminary application, the foster
family shall submit an application for licensure as described
in subsection (b) of this Section. The Department shall notify
the quality of care concerns applicant of its decision and the
basis for its decision in writing.
(c) The Department shall notify the public when a child
care institution, maternity center, or group home licensed by
the Department undergoes a change in (i) the range of care or
services offered at the facility, (ii) the age or type of
children served, or (iii) the area within the facility used by
children. The Department shall notify the public of the change
in a newspaper of general circulation in the county or
municipality in which the applicant's facility is or is
proposed to be located.
(d) If, upon examination of the facility and investigation
of persons responsible for care of children and, in the case of
a foster home, taking into account information obtained for
purposes of evaluating a preliminary application, if
applicable, the Department is satisfied that the facility and
responsible persons reasonably meet standards prescribed for
the type of facility for which application is made, it shall
issue a license in proper form, designating on that license the
type of child care facility and, except for a child welfare
agency, the number of children to be served at any one time.
(e) The Department shall not issue or renew the license of
any child welfare agency providing adoption services, unless
the agency (i) is officially recognized by the United States
Internal Revenue Service as a tax-exempt organization
described in Section 501(c)(3) of the Internal Revenue Code of
1986 (or any successor provision of federal tax law) and (ii)
is in compliance with all of the standards necessary to
maintain its status as an organization described in Section
501(c)(3) of the Internal Revenue Code of 1986 (or any
successor provision of federal tax law). The Department shall
grant a grace period of 24 months from the effective date of
this amendatory Act of the 94th General Assembly for existing
child welfare agencies providing adoption services to obtain
501(c)(3) status. The Department shall permit an existing child
welfare agency that converts from its current structure in
order to be recognized as a 501(c)(3) organization as required
by this Section to either retain its current license or
transfer its current license to a newly formed entity, if the
creation of a new entity is required in order to comply with
this Section, provided that the child welfare agency
demonstrates that it continues to meet all other licensing
requirements and that the principal officers and directors and
programs of the converted child welfare agency or newly
organized child welfare agency are substantially the same as
the original. The Department shall have the sole discretion to
grant a one year extension to any agency unable to obtain
501(c)(3) status within the timeframe specified in this
subsection (e), provided that such agency has filed an
application for 501(c)(3) status with the Internal Revenue
Service within the 2-year timeframe specified in this
subsection (e).
(Source: P.A. 98-804, eff. 1-1-15; 99-779, eff. 1-1-17.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 2-28 as follows:
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian
of the person appointed under this Act to report periodically
to the court or may cite him into court and require him or his
agency, to make a full and accurate report of his or its doings
in behalf of the minor. The custodian or guardian, within 10
days after such citation, or earlier if the court determines it
to be necessary to protect the health, safety, or welfare of
the minor, shall make the report, either in writing verified by
affidavit or orally under oath in open court, or otherwise as
the court directs. Upon the hearing of the report the court may
remove the custodian or guardian and appoint another in his
stead or restore the minor to the custody of his parents or
former guardian or custodian. However, custody of the minor
shall not be restored to any parent, guardian or legal
custodian in any case in which the minor is found to be
neglected or abused under Section 2-3 or dependent under
Section 2-4 of this Act, unless the minor can be cared for at
home without endangering the minor's health or safety and it is
in the best interests of the minor, and if such neglect, abuse,
or dependency is found by the court under paragraph (1) of
Section 2-21 of this Act to have come about due to the acts or
omissions or both of such parent, guardian or legal custodian,
until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the fitness
of such parent, guardian or legal custodian to care for the
minor and the court enters an order that such parent, guardian
or legal custodian is fit to care for the minor.
(1.5) The public agency that is the custodian or guardian
of the minor shall file a written report with the court no
later than 15 days after a minor in the agency's care remains:
(1) in a shelter placement beyond 30 days;
(2) in a psychiatric hospital past the time when the
minor is clinically ready for discharge or beyond medical
necessity for the minor's health; or
(3) in a detention center or Department of Juvenile
Justice facility solely because the public agency cannot
find an appropriate placement for the minor.
The report shall explain the steps the agency is taking to
ensure the minor is placed appropriately, how the minor's needs
are being met in the minor's shelter placement, and if a future
placement has been identified by the Department, why the
anticipated placement is appropriate for the needs of the minor
and the anticipated placement date.
(1.6) Within 35 days after placing a child in its care in a
qualified residential treatment program, as defined by the
federal Social Security Act, the Department of Children and
Family Services shall file a written report with the court and
send copies of the report to all parties. Within 20 days of the
filing of the report, the court shall hold a hearing to
consider the Department's report and determine whether
placement of the child in a qualified residential treatment
program provides the most effective and appropriate level of
care for the child in the least restrictive environment and if
the placement is consistent with the short-term and long-term
goals for the child, as specified in the permanency plan for
the child. The court shall approve or disapprove the placement.
If applicable, the requirements of Sections 2-27.1 and 2-27.2
must also be met. The Department's written report and the
court's written determination shall be included in and made
part of the case plan for the child. If the child remains
placed in a qualified residential treatment program, the
Department shall submit evidence at each status and permanency
hearing:
(1) demonstrating that on-going assessment of the
strengths and needs of the child continues to support the
determination that the child's needs cannot be met through
placement in a foster family home, that the placement
provides the most effective and appropriate level of care
for the child in the least restrictive, appropriate
environment, and that the placement is consistent with the
short-term and long-term permanency goal for the child, as
specified in the permanency plan for the child;
(2) documenting the specific treatment or service
needs that should be met for the child in the placement and
the length of time the child is expected to need the
treatment or services; and
(3) the efforts made by the agency to prepare the child
to return home or to be placed with a fit and willing
relative, a legal guardian, or an adoptive parent, or in a
foster family home.
(2) The first permanency hearing shall be conducted by the
judge. Subsequent permanency hearings may be heard by a judge
or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act. The initial
hearing shall be held (a) within 12 months from the date
temporary custody was taken, regardless of whether an
adjudication or dispositional hearing has been completed
within that time frame, (b) if the parental rights of both
parents have been terminated in accordance with the procedure
described in subsection (5) of Section 2-21, within 30 days of
the order for termination of parental rights and appointment of
a guardian with power to consent to adoption, or (c) in
accordance with subsection (2) of Section 2-13.1. Subsequent
permanency hearings shall be held every 6 months or more
frequently if necessary in the court's determination following
the initial permanency hearing, in accordance with the
standards set forth in this Section, until the court determines
that the plan and goal have been achieved. Once the plan and
goal have been achieved, if the minor remains in substitute
care, the case shall be reviewed at least every 6 months
thereafter, subject to the provisions of this Section, unless
the minor is placed in the guardianship of a suitable relative
or other person and the court determines that further
monitoring by the court does not further the health, safety or
best interest of the child and that this is a stable permanent
placement. The permanency hearings must occur within the time
frames set forth in this subsection and may not be delayed in
anticipation of a report from any source or due to the agency's
failure to timely file its written report (this written report
means the one required under the next paragraph and does not
mean the service plan also referred to in that paragraph).
The public agency that is the custodian or guardian of the
minor, or another agency responsible for the minor's care,
shall ensure that all parties to the permanency hearings are
provided a copy of the most recent service plan prepared within
the prior 6 months at least 14 days in advance of the hearing.
If not contained in the agency's service plan, the agency shall
also include a report setting forth (i) any special physical,
psychological, educational, medical, emotional, or other needs
of the minor or his or her family that are relevant to a
permanency or placement determination and (ii) for any minor
age 16 or over, a written description of the programs and
services that will enable the minor to prepare for independent
living. If not contained in the agency's service plan, the
agency's report shall specify if a minor is placed in a
licensed child care facility under a corrective plan by the
Department due to concerns impacting the minor's safety and
well-being. The report shall explain the steps the Department
is taking to ensure the safety and well-being of the minor and
that the minor's needs are met in the facility. The agency's
written report must detail what progress or lack of progress
the parent has made in correcting the conditions requiring the
child to be in care; whether the child can be returned home
without jeopardizing the child's health, safety, and welfare,
and if not, what permanency goal is recommended to be in the
best interests of the child, and why the other permanency goals
are not appropriate. The caseworker must appear and testify at
the permanency hearing. If a permanency hearing has not
previously been scheduled by the court, the moving party shall
move for the setting of a permanency hearing and the entry of
an order within the time frames set forth in this subsection.
At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific date
within 5 months.
(B) The minor will be in short-term care with a
continued goal to return home within a period not to exceed
one year, where the progress of the parent or parents is
substantial giving particular consideration to the age and
individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made reasonable
efforts or reasonable progress to date, the court shall
identify what actions the parent and the Department must
take in order to justify a finding of reasonable efforts or
reasonable progress and shall set a status hearing to be
held not earlier than 9 months from the date of
adjudication nor later than 11 months from the date of
adjudication during which the parent's progress will again
be reviewed.
(C) The minor will be in substitute care pending court
determination on termination of parental rights.
(D) Adoption, provided that parental rights have been
terminated or relinquished.
(E) The guardianship of the minor will be transferred
to an individual or couple on a permanent basis provided
that goals (A) through (D) have been ruled out.
(F) The minor over age 15 will be in substitute care
pending independence. In selecting this permanency goal,
the Department of Children and Family Services may provide
services to enable reunification and to strengthen the
minor's connections with family, fictive kin, and other
responsible adults, provided the services are in the
minor's best interest. The services shall be documented in
the service plan.
(G) The minor will be in substitute care because he or
she cannot be provided for in a home environment due to
developmental disabilities or mental illness or because he
or she is a danger to self or others, provided that goals
(A) through (D) have been ruled out.
In selecting any permanency goal, the court shall indicate
in writing the reasons the goal was selected and why the
preceding goals were ruled out. Where the court has selected a
permanency goal other than (A), (B), or (B-1), the Department
of Children and Family Services shall not provide further
reunification services, except as provided in paragraph (F) of
this subsection (2), but shall provide services consistent with
the goal selected.
(H) Notwithstanding any other provision in this
Section, the court may select the goal of continuing foster
care as a permanency goal if:
(1) The Department of Children and Family Services
has custody and guardianship of the minor;
(2) The court has ruled out all other permanency
goals based on the child's best interest;
(3) The court has found compelling reasons, based
on written documentation reviewed by the court, to
place the minor in continuing foster care. Compelling
reasons include:
(a) the child does not wish to be adopted or to
be placed in the guardianship of his or her
relative or foster care placement;
(b) the child exhibits an extreme level of need
such that the removal of the child from his or her
placement would be detrimental to the child; or
(c) the child who is the subject of the
permanency hearing has existing close and strong
bonds with a sibling, and achievement of another
permanency goal would substantially interfere with
the subject child's sibling relationship, taking
into consideration the nature and extent of the
relationship, and whether ongoing contact is in
the subject child's best interest, including
long-term emotional interest, as compared with the
legal and emotional benefit of permanence;
(4) The child has lived with the relative or foster
parent for at least one year; and
(5) The relative or foster parent currently caring
for the child is willing and capable of providing the
child with a stable and permanent environment.
The court shall set a permanency goal that is in the best
interest of the child. In determining that goal, the court
shall consult with the minor in an age-appropriate manner
regarding the proposed permanency or transition plan for the
minor. The court's determination shall include the following
factors:
(1) Age of the child.
(2) Options available for permanence, including both
out-of-state and in-state placement options.
(3) Current placement of the child and the intent of
the family regarding adoption.
(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and whether or
not the services were successful and, if not successful,
the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal contained
in the service plan, (ii) the appropriateness of the services
contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by
all the parties to the service plan to achieve the goal, and
(iv) whether the plan and goal have been achieved. All evidence
relevant to determining these questions, including oral and
written reports, may be admitted and may be relied on to the
extent of their probative value.
The court shall make findings as to whether, in violation
of Section 8.2 of the Abused and Neglected Child Reporting Act,
any portion of the service plan compels a child or parent to
engage in any activity or refrain from any activity that is not
reasonably related to remedying a condition or conditions that
gave rise or which could give rise to any finding of child
abuse or neglect. The services contained in the service plan
shall include services reasonably related to remedy the
conditions that gave rise to removal of the child from the home
of his or her parents, guardian, or legal custodian or that the
court has found must be remedied prior to returning the child
home. Any tasks the court requires of the parents, guardian, or
legal custodian or child prior to returning the child home,
must be reasonably related to remedying a condition or
conditions that gave rise to or which could give rise to any
finding of child abuse or neglect.
If the permanency goal is to return home, the court shall
make findings that identify any problems that are causing
continued placement of the children away from the home and
identify what outcomes would be considered a resolution to
these problems. The court shall explain to the parents that
these findings are based on the information that the court has
at that time and may be revised, should additional evidence be
presented to the court.
The court shall review the Sibling Contact Support Plan
developed or modified under subsection (f) of Section 7.4 of
the Children and Family Services Act, if applicable. If the
Department has not convened a meeting to develop or modify a
Sibling Contact Support Plan, or if the court finds that the
existing Plan is not in the child's best interest, the court
may enter an order requiring the Department to develop, modify
or implement a Sibling Contact Support Plan, or order
mediation.
If the goal has been achieved, the court shall enter orders
that are necessary to conform the minor's legal custody and
status to those findings.
If, after receiving evidence, the court determines that the
services contained in the plan are not reasonably calculated to
facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting the determination
and enter specific findings based on the evidence. The court
also shall enter an order for the Department to develop and
implement a new service plan or to implement changes to the
current service plan consistent with the court's findings. The
new service plan shall be filed with the court and served on
all parties within 45 days of the date of the order. The court
shall continue the matter until the new service plan is filed.
Except as authorized by subsection (2.5) of this Section and as
otherwise specifically authorized by law, the court is not
empowered under this Section to order specific placements,
specific services, or specific service providers to be included
in the service plan.
A guardian or custodian appointed by the court pursuant to
this Act shall file updated case plans with the court every 6
months.
Rights of wards of the court under this Act are enforceable
against any public agency by complaints for relief by mandamus
filed in any proceedings brought under this Act.
(2.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate to
facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting its determination
and enter specific findings based on the evidence. If the court
finds that the minor's current or planned placement is not
necessary or appropriate, the court may enter an order
directing the Department to implement a recommendation by the
minor's treating clinician or a clinician contracted by the
Department to evaluate the minor or a recommendation made by
the Department. If the Department places a minor in a placement
under an order entered under this subsection (2.5), the
Department has the authority to remove the minor from that
placement when a change in circumstances necessitates the
removal to protect the minor's health, safety, and best
interest. If the Department determines removal is necessary,
the Department shall notify the parties of the planned
placement change in writing no later than 10 days prior to the
implementation of its determination unless remaining in the
placement poses an imminent risk of harm to the minor, in which
case the Department shall notify the parties of the placement
change in writing immediately following the implementation of
its decision. The Department shall notify others of the
decision to change the minor's placement as required by
Department rule.
(3) Following the permanency hearing, the court shall enter
a written order that includes the determinations required under
subsection (2) of this Section and sets forth the following:
(a) The future status of the minor, including the
permanency goal, and any order necessary to conform the
minor's legal custody and status to such determination; or
(b) If the permanency goal of the minor cannot be
achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short term placement,
and the following determinations:
(i) (Blank).
(ii) Whether the services required by the court and
by any service plan prepared within the prior 6 months
have been provided and (A) if so, whether the services
were reasonably calculated to facilitate the
achievement of the permanency goal or (B) if not
provided, why the services were not provided.
(iii) Whether the minor's current or planned
placement is necessary, and appropriate to the plan and
goal, recognizing the right of minors to the least
restrictive (most family-like) setting available and
in close proximity to the parents' home consistent with
the health, safety, best interest and special needs of
the minor and, if the minor is placed out-of-state,
whether the out-of-state placement continues to be
appropriate and consistent with the health, safety,
and best interest of the minor.
(iv) (Blank).
(v) (Blank).
(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for
the restoration of the minor to the custody of his parents or
former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current foster
parent or relative caregiver seeking private guardianship
may file a motion for private guardianship of the minor.
Appointment of a guardian under this Section requires
approval of the court.
(b) The State's Attorney may file a motion to terminate
parental rights of any parent who has failed to make
reasonable efforts to correct the conditions which led to
the removal of the child or reasonable progress toward the
return of the child, as defined in subdivision (D)(m) of
Section 1 of the Adoption Act or for whom any other
unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption Act
exists.
When parental rights have been terminated for a minimum
of 3 years and the child who is the subject of the
permanency hearing is 13 years old or older and is not
currently placed in a placement likely to achieve
permanency, the Department of Children and Family Services
shall make reasonable efforts to locate parents whose
rights have been terminated, except when the Court
determines that those efforts would be futile or
inconsistent with the subject child's best interests. The
Department of Children and Family Services shall assess the
appropriateness of the parent whose rights have been
terminated, and shall, as appropriate, foster and support
connections between the parent whose rights have been
terminated and the youth. The Department of Children and
Family Services shall document its determinations and
efforts to foster connections in the child's case plan.
Custody of the minor shall not be restored to any parent,
guardian or legal custodian in any case in which the minor is
found to be neglected or abused under Section 2-3 or dependent
under Section 2-4 of this Act, unless the minor can be cared
for at home without endangering his or her health or safety and
it is in the best interest of the minor, and if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of this Act to have come about due to the acts
or omissions or both of such parent, guardian or legal
custodian, until such time as an investigation is made as
provided in paragraph (5) and a hearing is held on the issue of
the health, safety and best interest of the minor and the
fitness of such parent, guardian or legal custodian to care for
the minor and the court enters an order that such parent,
guardian or legal custodian is fit to care for the minor. In
the event that the minor has attained 18 years of age and the
guardian or custodian petitions the court for an order
terminating his guardianship or custody, guardianship or
custody shall terminate automatically 30 days after the receipt
of the petition unless the court orders otherwise. No legal
custodian or guardian of the person may be removed without his
consent until given notice and an opportunity to be heard by
the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and Family
Services and comply with the terms of an after-care plan, or
risk the loss of custody of the child and possible termination
of their parental rights. The court may also enter an order of
protective supervision in accordance with Section 2-24.
(5) Whenever a parent, guardian, or legal custodian files a
motion for restoration of custody of the minor, and the minor
was adjudicated neglected, abused, or dependent as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate
the likelihood of any further physical abuse to the minor.
Evidence of such criminal convictions shall be taken into
account in determining whether the minor can be cared for at
home without endangering his or her health or safety and
fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision thereof
shall co-operate with the agent of the court in providing
any information sought in the investigation.
(b) The information derived from the investigation and
any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to the
hearing on fitness and the movant shall have an opportunity
at the hearing to refute the information or contest its
significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 5-150 of this
Act.
(Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17;
100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff.
8-19-18.)
Section 99. Effective date. This Act takes effect July 1,
2019, except Section 10 takes effect October 1, 2019.
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