Bill Text: IL HB2659 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Juvenile Court Act of 1987. Provides that the Act is not intended to encompass any matters that are within the scope of or determinable under the administrative and appeal process established by rules of the Department of Children and Family Services, nor is it intended to preclude, preempt or restrict the authority of the Department of Children and Family Services with regard to placement of minors for whom Department of Children and Family Services has legal responsibilities. Provides that any previously appointed foster parent or relative caregiver who has a pending administrative appeal concerning a removal of the minor from his or her care, or who has prevailed in the appeal, has the right to be heard and shall be given adequate notice at all stages of any hearing or proceeding under the Act that involves either removal of a minor from his or her care or return of a minor to his or her care. Effective immediately.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0249 [HB2659 Detail]
Download: Illinois-2013-HB2659-Amended.html
Bill Title: Amends the Juvenile Court Act of 1987. Provides that the Act is not intended to encompass any matters that are within the scope of or determinable under the administrative and appeal process established by rules of the Department of Children and Family Services, nor is it intended to preclude, preempt or restrict the authority of the Department of Children and Family Services with regard to placement of minors for whom Department of Children and Family Services has legal responsibilities. Provides that any previously appointed foster parent or relative caregiver who has a pending administrative appeal concerning a removal of the minor from his or her care, or who has prevailed in the appeal, has the right to be heard and shall be given adequate notice at all stages of any hearing or proceeding under the Act that involves either removal of a minor from his or her care or return of a minor to his or her care. Effective immediately.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0249 [HB2659 Detail]
Download: Illinois-2013-HB2659-Amended.html
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1 | AMENDMENT TO HOUSE BILL 2659
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2 | AMENDMENT NO. ______. Amend House Bill 2659 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Children and Family Services Act is amended | ||||||
5 | by changing Section 5 as follows:
| ||||||
6 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||||||
7 | Sec. 5. Direct child welfare services; Department of | ||||||
8 | Children and Family
Services. To provide direct child welfare | ||||||
9 | services when not available
through other public or private | ||||||
10 | child care or program facilities.
| ||||||
11 | (a) For purposes of this Section:
| ||||||
12 | (1) "Children" means persons found within the State who | ||||||
13 | are under the
age of 18 years. The term also includes | ||||||
14 | persons under age 21 who:
| ||||||
15 | (A) were committed to the Department pursuant to | ||||||
16 | the
Juvenile Court Act or the Juvenile Court Act of |
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| |||||||
1 | 1987, as amended, prior to
the age of 18 and who | ||||||
2 | continue under the jurisdiction of the court; or
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3 | (B) were accepted for care, service and training by
| ||||||
4 | the Department prior to the age of 18 and whose best | ||||||
5 | interest in the
discretion of the Department would be | ||||||
6 | served by continuing that care,
service and training | ||||||
7 | because of severe emotional disturbances, physical
| ||||||
8 | disability, social adjustment or any combination | ||||||
9 | thereof, or because of the
need to complete an | ||||||
10 | educational or vocational training program.
| ||||||
11 | (2) "Homeless youth" means persons found within the
| ||||||
12 | State who are under the age of 19, are not in a safe and | ||||||
13 | stable living
situation and cannot be reunited with their | ||||||
14 | families.
| ||||||
15 | (3) "Child welfare services" means public social | ||||||
16 | services which are
directed toward the accomplishment of | ||||||
17 | the following purposes:
| ||||||
18 | (A) protecting and promoting the health, safety | ||||||
19 | and welfare of
children,
including homeless, dependent | ||||||
20 | or neglected children;
| ||||||
21 | (B) remedying, or assisting in the solution
of | ||||||
22 | problems which may result in, the neglect, abuse, | ||||||
23 | exploitation or
delinquency of children;
| ||||||
24 | (C) preventing the unnecessary separation of | ||||||
25 | children
from their families by identifying family | ||||||
26 | problems, assisting families in
resolving their |
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| |||||||
1 | problems, and preventing the breakup of the family
| ||||||
2 | where the prevention of child removal is desirable and | ||||||
3 | possible when the
child can be cared for at home | ||||||
4 | without endangering the child's health and
safety;
| ||||||
5 | (D) restoring to their families children who have | ||||||
6 | been
removed, by the provision of services to the child | ||||||
7 | and the families when the
child can be cared for at | ||||||
8 | home without endangering the child's health and
| ||||||
9 | safety;
| ||||||
10 | (E) placing children in suitable adoptive homes, | ||||||
11 | in
cases where restoration to the biological family is | ||||||
12 | not safe, possible or
appropriate;
| ||||||
13 | (F) assuring safe and adequate care of children | ||||||
14 | away from their
homes, in cases where the child cannot | ||||||
15 | be returned home or cannot be placed
for adoption. At | ||||||
16 | the time of placement, the Department shall consider
| ||||||
17 | concurrent planning,
as described in subsection (l-1) | ||||||
18 | of this Section so that permanency may
occur at the | ||||||
19 | earliest opportunity. Consideration should be given so | ||||||
20 | that if
reunification fails or is delayed, the | ||||||
21 | placement made is the best available
placement to | ||||||
22 | provide permanency for the child;
| ||||||
23 | (G) (blank);
| ||||||
24 | (H) (blank); and
| ||||||
25 | (I) placing and maintaining children in facilities | ||||||
26 | that provide
separate living quarters for children |
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1 | under the age of 18 and for children
18 years of age | ||||||
2 | and older, unless a child 18 years of age is in the | ||||||
3 | last
year of high school education or vocational | ||||||
4 | training, in an approved
individual or group treatment | ||||||
5 | program, in a licensed shelter facility,
or secure | ||||||
6 | child care facility.
The Department is not required to | ||||||
7 | place or maintain children:
| ||||||
8 | (i) who are in a foster home, or
| ||||||
9 | (ii) who are persons with a developmental | ||||||
10 | disability, as defined in
the Mental
Health and | ||||||
11 | Developmental Disabilities Code, or
| ||||||
12 | (iii) who are female children who are | ||||||
13 | pregnant, pregnant and
parenting or parenting, or
| ||||||
14 | (iv) who are siblings, in facilities that | ||||||
15 | provide separate living quarters for children 18
| ||||||
16 | years of age and older and for children under 18 | ||||||
17 | years of age.
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18 | (b) Nothing in this Section shall be construed to authorize | ||||||
19 | the
expenditure of public funds for the purpose of performing | ||||||
20 | abortions.
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21 | (c) The Department shall establish and maintain | ||||||
22 | tax-supported child
welfare services and extend and seek to | ||||||
23 | improve voluntary services
throughout the State, to the end | ||||||
24 | that services and care shall be available
on an equal basis | ||||||
25 | throughout the State to children requiring such services.
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26 | (d) The Director may authorize advance disbursements for |
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1 | any new program
initiative to any agency contracting with the | ||||||
2 | Department. As a
prerequisite for an advance disbursement, the | ||||||
3 | contractor must post a
surety bond in the amount of the advance | ||||||
4 | disbursement and have a
purchase of service contract approved | ||||||
5 | by the Department. The Department
may pay up to 2 months | ||||||
6 | operational expenses in advance. The amount of the
advance | ||||||
7 | disbursement shall be prorated over the life of the contract
or | ||||||
8 | the remaining months of the fiscal year, whichever is less, and | ||||||
9 | the
installment amount shall then be deducted from future | ||||||
10 | bills. Advance
disbursement authorizations for new initiatives | ||||||
11 | shall not be made to any
agency after that agency has operated | ||||||
12 | during 2 consecutive fiscal years.
The requirements of this | ||||||
13 | Section concerning advance disbursements shall
not apply with | ||||||
14 | respect to the following: payments to local public agencies
for | ||||||
15 | child day care services as authorized by Section 5a of this | ||||||
16 | Act; and
youth service programs receiving grant funds under | ||||||
17 | Section 17a-4.
| ||||||
18 | (e) (Blank).
| ||||||
19 | (f) (Blank).
| ||||||
20 | (g) The Department shall establish rules and regulations | ||||||
21 | concerning
its operation of programs designed to meet the goals | ||||||
22 | of child safety and
protection,
family preservation, family | ||||||
23 | reunification, and adoption, including but not
limited to:
| ||||||
24 | (1) adoption;
| ||||||
25 | (2) foster care;
| ||||||
26 | (3) family counseling;
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| |||||||
1 | (4) protective services;
| ||||||
2 | (5) (blank);
| ||||||
3 | (6) homemaker service;
| ||||||
4 | (7) return of runaway children;
| ||||||
5 | (8) (blank);
| ||||||
6 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
7 | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | ||||||
8 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
9 | Assistance and Child Welfare Act of
1980; and
| ||||||
10 | (10) interstate services.
| ||||||
11 | Rules and regulations established by the Department shall | ||||||
12 | include
provisions for training Department staff and the staff | ||||||
13 | of Department
grantees, through contracts with other agencies | ||||||
14 | or resources, in alcohol
and drug abuse screening techniques | ||||||
15 | approved by the Department of Human
Services, as a successor to | ||||||
16 | the Department of Alcoholism and Substance Abuse,
for the | ||||||
17 | purpose of identifying children and adults who
should be | ||||||
18 | referred to an alcohol and drug abuse treatment program for
| ||||||
19 | professional evaluation.
| ||||||
20 | (h) If the Department finds that there is no appropriate | ||||||
21 | program or
facility within or available to the Department for a | ||||||
22 | ward and that no
licensed private facility has an adequate and | ||||||
23 | appropriate program or none
agrees to accept the ward, the | ||||||
24 | Department shall create an appropriate
individualized, | ||||||
25 | program-oriented plan for such ward. The
plan may be developed | ||||||
26 | within the Department or through purchase of services
by the |
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1 | Department to the extent that it is within its statutory | ||||||
2 | authority
to do.
| ||||||
3 | (i) Service programs shall be available throughout the | ||||||
4 | State and shall
include but not be limited to the following | ||||||
5 | services:
| ||||||
6 | (1) case management;
| ||||||
7 | (2) homemakers;
| ||||||
8 | (3) counseling;
| ||||||
9 | (4) parent education;
| ||||||
10 | (5) day care; and
| ||||||
11 | (6) emergency assistance and advocacy.
| ||||||
12 | In addition, the following services may be made available | ||||||
13 | to assess and
meet the needs of children and families:
| ||||||
14 | (1) comprehensive family-based services;
| ||||||
15 | (2) assessments;
| ||||||
16 | (3) respite care; and
| ||||||
17 | (4) in-home health services.
| ||||||
18 | The Department shall provide transportation for any of the | ||||||
19 | services it
makes available to children or families or for | ||||||
20 | which it refers children
or families.
| ||||||
21 | (j) The Department may provide categories of financial | ||||||
22 | assistance and
education assistance grants, and shall
| ||||||
23 | establish rules and regulations concerning the assistance and | ||||||
24 | grants, to
persons who
adopt physically or mentally | ||||||
25 | handicapped, older and other hard-to-place
children who (i) | ||||||
26 | immediately prior to their adoption were legal wards of
the |
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| |||||||
1 | Department
or (ii) were determined eligible for financial | ||||||
2 | assistance with respect to a
prior adoption and who become | ||||||
3 | available for adoption because the
prior adoption has been | ||||||
4 | dissolved and the parental rights of the adoptive
parents have | ||||||
5 | been
terminated or because the child's adoptive parents have | ||||||
6 | died.
The Department may continue to provide financial | ||||||
7 | assistance and education assistance grants for a child who was | ||||||
8 | determined eligible for financial assistance under this | ||||||
9 | subsection (j) in the interim period beginning when the child's | ||||||
10 | adoptive parents died and ending with the finalization of the | ||||||
11 | new adoption of the child by another adoptive parent or | ||||||
12 | parents. The Department may also provide categories of | ||||||
13 | financial
assistance and education assistance grants, and
| ||||||
14 | shall establish rules and regulations for the assistance and | ||||||
15 | grants, to persons
appointed guardian of the person under | ||||||
16 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
17 | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
18 | who were wards of the Department for 12 months immediately
| ||||||
19 | prior to the appointment of the guardian.
| ||||||
20 | The amount of assistance may vary, depending upon the needs | ||||||
21 | of the child
and the adoptive parents,
as set forth in the | ||||||
22 | annual
assistance agreement. Special purpose grants are | ||||||
23 | allowed where the child
requires special service but such costs | ||||||
24 | may not exceed the amounts
which similar services would cost | ||||||
25 | the Department if it were to provide or
secure them as guardian | ||||||
26 | of the child.
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1 | Any financial assistance provided under this subsection is
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2 | inalienable by assignment, sale, execution, attachment, | ||||||
3 | garnishment, or any
other remedy for recovery or collection of | ||||||
4 | a judgment or debt.
| ||||||
5 | (j-5) The Department shall not deny or delay the placement | ||||||
6 | of a child for
adoption
if an approved family is available | ||||||
7 | either outside of the Department region
handling the case,
or | ||||||
8 | outside of the State of Illinois.
| ||||||
9 | (k) The Department shall accept for care and training any | ||||||
10 | child who has
been adjudicated neglected or abused, or | ||||||
11 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
12 | the Juvenile Court Act of 1987.
| ||||||
13 | (l) The Department shall
offer family preservation | ||||||
14 | services, as defined in Section 8.2 of the Abused
and
Neglected | ||||||
15 | Child
Reporting Act, to help families, including adoptive and | ||||||
16 | extended families.
Family preservation
services shall be | ||||||
17 | offered (i) to prevent the
placement
of children in
substitute | ||||||
18 | care when the children can be cared for at home or in the | ||||||
19 | custody of
the person
responsible for the children's welfare,
| ||||||
20 | (ii) to
reunite children with their families, or (iii) to
| ||||||
21 | maintain an adoptive placement. Family preservation services | ||||||
22 | shall only be
offered when doing so will not endanger the | ||||||
23 | children's health or safety. With
respect to children who are | ||||||
24 | in substitute care pursuant to the Juvenile Court
Act of 1987, | ||||||
25 | family preservation services shall not be offered if a goal | ||||||
26 | other
than those of subdivisions (A), (B), or (B-1) of |
| |||||||
| |||||||
1 | subsection (2) of Section 2-28
of
that Act has been set.
| ||||||
2 | Nothing in this paragraph shall be construed to create a | ||||||
3 | private right of
action or claim on the part of any individual | ||||||
4 | or child welfare agency, except that when a child is the | ||||||
5 | subject of an action under Article II of the Juvenile Court Act | ||||||
6 | of 1987 and the child's service plan calls for services to | ||||||
7 | facilitate achievement of the permanency goal, the court | ||||||
8 | hearing the action under Article II of the Juvenile Court Act | ||||||
9 | of 1987 may order the Department to provide the services set | ||||||
10 | out in the plan, if those services are not provided with | ||||||
11 | reasonable promptness and if those services are available.
| ||||||
12 | The Department shall notify the child and his family of the
| ||||||
13 | Department's
responsibility to offer and provide family | ||||||
14 | preservation services as
identified in the service plan. The | ||||||
15 | child and his family shall be eligible
for services as soon as | ||||||
16 | the report is determined to be "indicated". The
Department may | ||||||
17 | offer services to any child or family with respect to whom a
| ||||||
18 | report of suspected child abuse or neglect has been filed, | ||||||
19 | prior to
concluding its investigation under Section 7.12 of the | ||||||
20 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
21 | or family's willingness to
accept services shall not be | ||||||
22 | considered in the investigation. The
Department may also | ||||||
23 | provide services to any child or family who is the
subject of | ||||||
24 | any report of suspected child abuse or neglect or may refer | ||||||
25 | such
child or family to services available from other agencies | ||||||
26 | in the community,
even if the report is determined to be |
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1 | unfounded, if the conditions in the
child's or family's home | ||||||
2 | are reasonably likely to subject the child or
family to future | ||||||
3 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
4 | services shall be voluntary. The Department may also provide | ||||||
5 | services to any child or family after completion of a family | ||||||
6 | assessment, as an alternative to an investigation, as provided | ||||||
7 | under the "differential response program" provided for in | ||||||
8 | subsection (a-5) of Section 7.4 of the Abused and Neglected | ||||||
9 | Child Reporting Act.
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10 | The Department may, at its discretion except for those | ||||||
11 | children also
adjudicated neglected or dependent, accept for | ||||||
12 | care and training any child
who has been adjudicated addicted, | ||||||
13 | as a truant minor in need of
supervision or as a minor | ||||||
14 | requiring authoritative intervention, under the
Juvenile Court | ||||||
15 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
16 | be committed to the Department by any court without the | ||||||
17 | approval of
the Department. A minor charged with a criminal | ||||||
18 | offense under the Criminal
Code of 1961 or the Criminal Code of | ||||||
19 | 2012 or adjudicated delinquent shall not be placed in the | ||||||
20 | custody of or
committed to the Department by any court, except | ||||||
21 | (i) a minor less than 15 years
of age committed to the | ||||||
22 | Department under Section 5-710 of the Juvenile Court
Act
of | ||||||
23 | 1987, (ii) a minor for whom an independent basis of abuse, | ||||||
24 | neglect, or dependency exists, which must be defined by | ||||||
25 | departmental rule, or (iii) a minor for whom the court has | ||||||
26 | granted a supplemental petition to reinstate wardship pursuant |
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| |||||||
1 | to subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
2 | 1987. An independent basis exists when the allegations or | ||||||
3 | adjudication of abuse, neglect, or dependency do not arise from | ||||||
4 | the same facts, incident, or circumstances which give rise to a | ||||||
5 | charge or adjudication of delinquency.
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6 | As soon as is possible after August 7, 2009 (the effective | ||||||
7 | date of Public Act 96-134), the Department shall develop and | ||||||
8 | implement a special program of family preservation services to | ||||||
9 | support intact, foster, and adoptive families who are | ||||||
10 | experiencing extreme hardships due to the difficulty and stress | ||||||
11 | of caring for a child who has been diagnosed with a pervasive | ||||||
12 | developmental disorder if the Department determines that those | ||||||
13 | services are necessary to ensure the health and safety of the | ||||||
14 | child. The Department may offer services to any family whether | ||||||
15 | or not a report has been filed under the Abused and Neglected | ||||||
16 | Child Reporting Act. The Department may refer the child or | ||||||
17 | family to services available from other agencies in the | ||||||
18 | community if the conditions in the child's or family's home are | ||||||
19 | reasonably likely to subject the child or family to future | ||||||
20 | reports of suspected child abuse or neglect. Acceptance of | ||||||
21 | these services shall be voluntary. The Department shall develop | ||||||
22 | and implement a public information campaign to alert health and | ||||||
23 | social service providers and the general public about these | ||||||
24 | special family preservation services. The nature and scope of | ||||||
25 | the services offered and the number of families served under | ||||||
26 | the special program implemented under this paragraph shall be |
| |||||||
| |||||||
1 | determined by the level of funding that the Department annually | ||||||
2 | allocates for this purpose. The term "pervasive developmental | ||||||
3 | disorder" under this paragraph means a neurological condition, | ||||||
4 | including but not limited to, Asperger's Syndrome and autism, | ||||||
5 | as defined in the most recent edition of the Diagnostic and | ||||||
6 | Statistical Manual of Mental Disorders of the American | ||||||
7 | Psychiatric Association. | ||||||
8 | (l-1) The legislature recognizes that the best interests of | ||||||
9 | the child
require that
the child be placed in the most | ||||||
10 | permanent living arrangement as soon as is
practically
| ||||||
11 | possible. To achieve this goal, the legislature directs the | ||||||
12 | Department of
Children and
Family Services to conduct | ||||||
13 | concurrent planning so that permanency may occur at
the
| ||||||
14 | earliest opportunity. Permanent living arrangements may | ||||||
15 | include prevention of
placement of a child outside the home of | ||||||
16 | the family when the child can be cared
for at
home without | ||||||
17 | endangering the child's health or safety; reunification with | ||||||
18 | the
family,
when safe and appropriate, if temporary placement | ||||||
19 | is necessary; or movement of
the child
toward the most | ||||||
20 | permanent living arrangement and permanent legal status.
| ||||||
21 | When determining reasonable efforts to be made with respect | ||||||
22 | to a child, as
described in this
subsection, and in making such | ||||||
23 | reasonable efforts, the child's health and
safety shall be the
| ||||||
24 | paramount concern.
| ||||||
25 | When a child is placed in foster care, the Department shall | ||||||
26 | ensure and
document that reasonable efforts were made to |
| |||||||
| |||||||
1 | prevent or eliminate the need to
remove the child from the | ||||||
2 | child's home. The Department must make
reasonable efforts to | ||||||
3 | reunify the family when temporary placement of the child
occurs
| ||||||
4 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
5 | of 1987.
At any time after the dispositional hearing where the | ||||||
6 | Department believes
that further reunification services would | ||||||
7 | be ineffective, it may request a
finding from the court that | ||||||
8 | reasonable efforts are no longer appropriate. The
Department is | ||||||
9 | not required to provide further reunification services after | ||||||
10 | such
a
finding.
| ||||||
11 | A decision to place a child in substitute care shall be | ||||||
12 | made with
considerations of the child's health, safety, and | ||||||
13 | best interests. At the
time of placement, consideration should | ||||||
14 | also be given so that if reunification
fails or is delayed, the | ||||||
15 | placement made is the best available placement to
provide | ||||||
16 | permanency for the child.
| ||||||
17 | The Department shall adopt rules addressing concurrent | ||||||
18 | planning for
reunification and permanency. The Department | ||||||
19 | shall consider the following
factors when determining | ||||||
20 | appropriateness of concurrent planning:
| ||||||
21 | (1) the likelihood of prompt reunification;
| ||||||
22 | (2) the past history of the family;
| ||||||
23 | (3) the barriers to reunification being addressed by | ||||||
24 | the family;
| ||||||
25 | (4) the level of cooperation of the family;
| ||||||
26 | (5) the foster parents' willingness to work with the |
| |||||||
| |||||||
1 | family to reunite;
| ||||||
2 | (6) the willingness and ability of the foster family to | ||||||
3 | provide an
adoptive
home or long-term placement;
| ||||||
4 | (7) the age of the child;
| ||||||
5 | (8) placement of siblings.
| ||||||
6 | (m) The Department may assume temporary custody of any | ||||||
7 | child if:
| ||||||
8 | (1) it has received a written consent to such temporary | ||||||
9 | custody
signed by the parents of the child or by the parent | ||||||
10 | having custody of the
child if the parents are not living | ||||||
11 | together or by the guardian or
custodian of the child if | ||||||
12 | the child is not in the custody of either
parent, or
| ||||||
13 | (2) the child is found in the State and neither a | ||||||
14 | parent,
guardian nor custodian of the child can be located.
| ||||||
15 | If the child is found in his or her residence without a parent, | ||||||
16 | guardian,
custodian or responsible caretaker, the Department | ||||||
17 | may, instead of removing
the child and assuming temporary | ||||||
18 | custody, place an authorized
representative of the Department | ||||||
19 | in that residence until such time as a
parent, guardian or | ||||||
20 | custodian enters the home and expresses a willingness
and | ||||||
21 | apparent ability to ensure the child's health and safety and | ||||||
22 | resume
permanent
charge of the child, or until a
relative | ||||||
23 | enters the home and is willing and able to ensure the child's | ||||||
24 | health
and
safety and assume charge of the
child until a | ||||||
25 | parent, guardian or custodian enters the home and expresses
| ||||||
26 | such willingness and ability to ensure the child's safety and |
| |||||||
| |||||||
1 | resume
permanent charge. After a caretaker has remained in the | ||||||
2 | home for a period not
to exceed 12 hours, the Department must | ||||||
3 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
4 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
5 | The Department shall have the authority, responsibilities | ||||||
6 | and duties that
a legal custodian of the child would have | ||||||
7 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
8 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
9 | pursuant to an investigation under the Abused and
Neglected | ||||||
10 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
11 | under the Juvenile Court Act of 1987 of a minor in limited | ||||||
12 | custody, the
Department, during the period of temporary custody | ||||||
13 | and before the child
is brought before a judicial officer as | ||||||
14 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||||||
15 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
16 | and duties that a legal custodian of the child
would have under | ||||||
17 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
18 | 1987.
| ||||||
19 | The Department shall ensure that any child taken into | ||||||
20 | custody
is scheduled for an appointment for a medical | ||||||
21 | examination.
| ||||||
22 | A parent, guardian or custodian of a child in the temporary | ||||||
23 | custody of the
Department who would have custody of the child | ||||||
24 | if he were not in the
temporary custody of the Department may | ||||||
25 | deliver to the Department a signed
request that the Department | ||||||
26 | surrender the temporary custody of the child.
The Department |
| |||||||
| |||||||
1 | may retain temporary custody of the child for 10 days after
the | ||||||
2 | receipt of the request, during which period the Department may | ||||||
3 | cause to
be filed a petition pursuant to the Juvenile Court Act | ||||||
4 | of 1987. If a
petition is so filed, the Department shall retain | ||||||
5 | temporary custody of the
child until the court orders | ||||||
6 | otherwise. If a petition is not filed within
the 10 day period, | ||||||
7 | the child shall be surrendered to the custody of the
requesting | ||||||
8 | parent, guardian or custodian not later than the expiration of
| ||||||
9 | the 10 day period, at which time the authority and duties of | ||||||
10 | the Department
with respect to the temporary custody of the | ||||||
11 | child shall terminate.
| ||||||
12 | (m-1) The Department may place children under 18 years of | ||||||
13 | age in a secure
child care facility licensed by the Department | ||||||
14 | that cares for children who are
in need of secure living | ||||||
15 | arrangements for their health, safety, and well-being
after a | ||||||
16 | determination is made by the facility director and the Director | ||||||
17 | or the
Director's designate prior to admission to the facility | ||||||
18 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
19 | This subsection (m-1) does not apply
to a child who is subject | ||||||
20 | to placement in a correctional facility operated
pursuant to | ||||||
21 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
22 | child is a ward who was placed under the care of the Department | ||||||
23 | before being
subject to placement in a correctional facility | ||||||
24 | and a court of competent
jurisdiction has ordered placement of | ||||||
25 | the child in a secure care facility.
| ||||||
26 | (n) The Department may place children under 18 years of age |
| |||||||
| |||||||
1 | in
licensed child care facilities when in the opinion of the | ||||||
2 | Department,
appropriate services aimed at family preservation | ||||||
3 | have been unsuccessful and
cannot ensure the child's health and | ||||||
4 | safety or are unavailable and such
placement would be for their | ||||||
5 | best interest. Payment
for board, clothing, care, training and | ||||||
6 | supervision of any child placed in
a licensed child care | ||||||
7 | facility may be made by the Department, by the
parents or | ||||||
8 | guardians of the estates of those children, or by both the
| ||||||
9 | Department and the parents or guardians, except that no | ||||||
10 | payments shall be
made by the Department for any child placed | ||||||
11 | in a licensed child care
facility for board, clothing, care, | ||||||
12 | training and supervision of such a
child that exceed the | ||||||
13 | average per capita cost of maintaining and of caring
for a | ||||||
14 | child in institutions for dependent or neglected children | ||||||
15 | operated by
the Department. However, such restriction on | ||||||
16 | payments does not apply in
cases where children require | ||||||
17 | specialized care and treatment for problems of
severe emotional | ||||||
18 | disturbance, physical disability, social adjustment, or
any | ||||||
19 | combination thereof and suitable facilities for the placement | ||||||
20 | of such
children are not available at payment rates within the | ||||||
21 | limitations set
forth in this Section. All reimbursements for | ||||||
22 | services delivered shall be
absolutely inalienable by | ||||||
23 | assignment, sale, attachment, garnishment or
otherwise.
| ||||||
24 | (n-1) The Department shall provide or authorize child | ||||||
25 | welfare services, aimed at assisting minors to achieve | ||||||
26 | sustainable self-sufficiency as independent adults, for any |
| |||||||
| |||||||
1 | minor eligible for the reinstatement of wardship pursuant to | ||||||
2 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
3 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
4 | provided that the minor consents to such services and has not | ||||||
5 | yet attained the age of 21. The Department shall have | ||||||
6 | responsibility for the development and delivery of services | ||||||
7 | under this Section. An eligible youth may access services under | ||||||
8 | this Section through the Department of Children and Family | ||||||
9 | Services or by referral from the Department of Human Services. | ||||||
10 | Youth participating in services under this Section shall | ||||||
11 | cooperate with the assigned case manager in developing an | ||||||
12 | agreement identifying the services to be provided and how the | ||||||
13 | youth will increase skills to achieve self-sufficiency. A | ||||||
14 | homeless shelter is not considered appropriate housing for any | ||||||
15 | youth receiving child welfare services under this Section. The | ||||||
16 | Department shall continue child welfare services under this | ||||||
17 | Section to any eligible minor until the minor becomes 21 years | ||||||
18 | of age, no longer consents to participate, or achieves | ||||||
19 | self-sufficiency as identified in the minor's service plan. The | ||||||
20 | Department of Children and Family Services shall create clear, | ||||||
21 | readable notice of the rights of former foster youth to child | ||||||
22 | welfare services under this Section and how such services may | ||||||
23 | be obtained. The Department of Children and Family Services and | ||||||
24 | the Department of Human Services shall disseminate this | ||||||
25 | information statewide. The Department shall adopt regulations | ||||||
26 | describing services intended to assist minors in achieving |
| |||||||
| |||||||
1 | sustainable self-sufficiency as independent adults. | ||||||
2 | (o) The Department shall establish an administrative | ||||||
3 | review and appeal
process for children and families who request | ||||||
4 | or receive child welfare
services from the Department. Children | ||||||
5 | who are wards of the Department and
are placed by private child | ||||||
6 | welfare agencies, and foster families with whom
those children | ||||||
7 | are placed, shall be afforded the same procedural and appeal
| ||||||
8 | rights as children and families in the case of placement by the | ||||||
9 | Department,
including the right to an initial review of a | ||||||
10 | private agency decision by
that agency. The Department shall | ||||||
11 | insure that any private child welfare
agency, which accepts | ||||||
12 | wards of the Department for placement, affords those
rights to | ||||||
13 | children and foster families. The Department shall accept for
| ||||||
14 | administrative review and an appeal hearing a complaint made by | ||||||
15 | (i) a child
or foster family concerning a decision following an | ||||||
16 | initial review by a
private child welfare agency or (ii) a | ||||||
17 | prospective adoptive parent who alleges
a violation of | ||||||
18 | subsection (j-5) of this Section. An appeal of a decision
| ||||||
19 | concerning a change in the placement of a child shall be | ||||||
20 | conducted in an
expedited manner. A court determination that a | ||||||
21 | current foster home placement is necessary and appropriate | ||||||
22 | under Section 2-28 of the Juvenile Court Act of 1987 does not | ||||||
23 | constitute a judicial determination on the merits of an | ||||||
24 | administrative appeal, filed by a former foster parent, | ||||||
25 | involving a change of placement decision.
| ||||||
26 | (p) There is hereby created the Department of Children and |
| |||||||
| |||||||
1 | Family
Services Emergency Assistance Fund from which the | ||||||
2 | Department may provide
special financial assistance to | ||||||
3 | families which are in economic crisis when
such assistance is | ||||||
4 | not available through other public or private sources
and the | ||||||
5 | assistance is deemed necessary to prevent dissolution of the | ||||||
6 | family
unit or to reunite families which have been separated | ||||||
7 | due to child abuse and
neglect. The Department shall establish | ||||||
8 | administrative rules specifying
the criteria for determining | ||||||
9 | eligibility for and the amount and nature of
assistance to be | ||||||
10 | provided. The Department may also enter into written
agreements | ||||||
11 | with private and public social service agencies to provide
| ||||||
12 | emergency financial services to families referred by the | ||||||
13 | Department.
Special financial assistance payments shall be | ||||||
14 | available to a family no
more than once during each fiscal year | ||||||
15 | and the total payments to a
family may not exceed $500 during a | ||||||
16 | fiscal year.
| ||||||
17 | (q) The Department may receive and use, in their entirety, | ||||||
18 | for the
benefit of children any gift, donation or bequest of | ||||||
19 | money or other
property which is received on behalf of such | ||||||
20 | children, or any financial
benefits to which such children are | ||||||
21 | or may become entitled while under
the jurisdiction or care of | ||||||
22 | the Department.
| ||||||
23 | The Department shall set up and administer no-cost, | ||||||
24 | interest-bearing accounts in appropriate financial | ||||||
25 | institutions
for children for whom the Department is legally | ||||||
26 | responsible and who have been
determined eligible for Veterans' |
| |||||||
| |||||||
1 | Benefits, Social Security benefits,
assistance allotments from | ||||||
2 | the armed forces, court ordered payments, parental
voluntary | ||||||
3 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
4 | payments, Black Lung benefits, or other miscellaneous | ||||||
5 | payments. Interest
earned by each account shall be credited to | ||||||
6 | the account, unless
disbursed in accordance with this | ||||||
7 | subsection.
| ||||||
8 | In disbursing funds from children's accounts, the | ||||||
9 | Department
shall:
| ||||||
10 | (1) Establish standards in accordance with State and | ||||||
11 | federal laws for
disbursing money from children's | ||||||
12 | accounts. In all
circumstances,
the Department's | ||||||
13 | "Guardianship Administrator" or his or her designee must
| ||||||
14 | approve disbursements from children's accounts. The | ||||||
15 | Department
shall be responsible for keeping complete | ||||||
16 | records of all disbursements for each account for any | ||||||
17 | purpose.
| ||||||
18 | (2) Calculate on a monthly basis the amounts paid from | ||||||
19 | State funds for the
child's board and care, medical care | ||||||
20 | not covered under Medicaid, and social
services; and | ||||||
21 | utilize funds from the child's account, as
covered by | ||||||
22 | regulation, to reimburse those costs. Monthly, | ||||||
23 | disbursements from
all children's accounts, up to 1/12 of | ||||||
24 | $13,000,000, shall be
deposited by the Department into the | ||||||
25 | General Revenue Fund and the balance over
1/12 of | ||||||
26 | $13,000,000 into the DCFS Children's Services Fund.
|
| |||||||
| |||||||
1 | (3) Maintain any balance remaining after reimbursing | ||||||
2 | for the child's costs
of care, as specified in item (2). | ||||||
3 | The balance shall accumulate in accordance
with relevant | ||||||
4 | State and federal laws and shall be disbursed to the child | ||||||
5 | or his
or her guardian, or to the issuing agency.
| ||||||
6 | (r) The Department shall promulgate regulations | ||||||
7 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
8 | Department or its agent names and
addresses of all persons who | ||||||
9 | have applied for and have been approved for
adoption of a | ||||||
10 | hard-to-place or handicapped child and the names of such
| ||||||
11 | children who have not been placed for adoption. A list of such | ||||||
12 | names and
addresses shall be maintained by the Department or | ||||||
13 | its agent, and coded
lists which maintain the confidentiality | ||||||
14 | of the person seeking to adopt the
child and of the child shall | ||||||
15 | be made available, without charge, to every
adoption agency in | ||||||
16 | the State to assist the agencies in placing such
children for | ||||||
17 | adoption. The Department may delegate to an agent its duty to
| ||||||
18 | maintain and make available such lists. The Department shall | ||||||
19 | ensure that
such agent maintains the confidentiality of the | ||||||
20 | person seeking to adopt the
child and of the child.
| ||||||
21 | (s) The Department of Children and Family Services may | ||||||
22 | establish and
implement a program to reimburse Department and | ||||||
23 | private child welfare
agency foster parents licensed by the | ||||||
24 | Department of Children and Family
Services for damages | ||||||
25 | sustained by the foster parents as a result of the
malicious or | ||||||
26 | negligent acts of foster children, as well as providing third
|
| |||||||
| |||||||
1 | party coverage for such foster parents with regard to actions | ||||||
2 | of foster
children to other individuals. Such coverage will be | ||||||
3 | secondary to the
foster parent liability insurance policy, if | ||||||
4 | applicable. The program shall
be funded through appropriations | ||||||
5 | from the General Revenue Fund,
specifically designated for such | ||||||
6 | purposes.
| ||||||
7 | (t) The Department shall perform home studies and | ||||||
8 | investigations and
shall exercise supervision over visitation | ||||||
9 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
10 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
11 | (1) an order entered by an Illinois court specifically
| ||||||
12 | directs the Department to perform such services; and
| ||||||
13 | (2) the court has ordered one or both of the parties to
| ||||||
14 | the proceeding to reimburse the Department for its | ||||||
15 | reasonable costs for
providing such services in accordance | ||||||
16 | with Department rules, or has
determined that neither party | ||||||
17 | is financially able to pay.
| ||||||
18 | The Department shall provide written notification to the | ||||||
19 | court of the
specific arrangements for supervised visitation | ||||||
20 | and projected monthly costs
within 60 days of the court order. | ||||||
21 | The Department shall send to the court
information related to | ||||||
22 | the costs incurred except in cases where the court
has | ||||||
23 | determined the parties are financially unable to pay. The court | ||||||
24 | may
order additional periodic reports as appropriate.
| ||||||
25 | (u) In addition to other information that must be provided, | ||||||
26 | whenever the Department places a child with a prospective |
| |||||||
| |||||||
1 | adoptive parent or parents or in a licensed foster home,
group | ||||||
2 | home, child care institution, or in a relative home, the | ||||||
3 | Department
shall provide to the prospective adoptive parent or | ||||||
4 | parents or other caretaker:
| ||||||
5 | (1) available detailed information concerning the | ||||||
6 | child's educational
and health history, copies of | ||||||
7 | immunization records (including insurance
and medical card | ||||||
8 | information), a history of the child's previous | ||||||
9 | placements,
if any, and reasons for placement changes | ||||||
10 | excluding any information that
identifies or reveals the | ||||||
11 | location of any previous caretaker;
| ||||||
12 | (2) a copy of the child's portion of the client service | ||||||
13 | plan, including
any visitation arrangement, and all | ||||||
14 | amendments or revisions to it as
related to the child; and
| ||||||
15 | (3) information containing details of the child's | ||||||
16 | individualized
educational plan when the child is | ||||||
17 | receiving special education services.
| ||||||
18 | The caretaker shall be informed of any known social or | ||||||
19 | behavioral
information (including, but not limited to, | ||||||
20 | criminal background, fire
setting, perpetuation of
sexual | ||||||
21 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
22 | care
for and safeguard the children to be placed or currently | ||||||
23 | in the home. The Department may prepare a written summary of | ||||||
24 | the information required by this paragraph, which may be | ||||||
25 | provided to the foster or prospective adoptive parent in | ||||||
26 | advance of a placement. The foster or prospective adoptive |
| |||||||
| |||||||
1 | parent may review the supporting documents in the child's file | ||||||
2 | in the presence of casework staff. In the case of an emergency | ||||||
3 | placement, casework staff shall at least provide known | ||||||
4 | information verbally, if necessary, and must subsequently | ||||||
5 | provide the information in writing as required by this | ||||||
6 | subsection.
| ||||||
7 | The information described in this subsection shall be | ||||||
8 | provided in writing. In the case of emergency placements when | ||||||
9 | time does not allow prior review, preparation, and collection | ||||||
10 | of written information, the Department shall provide such | ||||||
11 | information as it becomes available. Within 10 business days | ||||||
12 | after placement, the Department shall obtain from the | ||||||
13 | prospective adoptive parent or parents or other caretaker a | ||||||
14 | signed verification of receipt of the information provided. | ||||||
15 | Within 10 business days after placement, the Department shall | ||||||
16 | provide to the child's guardian ad litem a copy of the | ||||||
17 | information provided to the prospective adoptive parent or | ||||||
18 | parents or other caretaker. The information provided to the | ||||||
19 | prospective adoptive parent or parents or other caretaker shall | ||||||
20 | be reviewed and approved regarding accuracy at the supervisory | ||||||
21 | level.
| ||||||
22 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
23 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
24 | of 1969 shall be eligible to
receive foster care payments from | ||||||
25 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
26 | were approved pursuant to approved
relative placement rules |
| |||||||
| |||||||
1 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
2 | 335 and had submitted an application for licensure as a foster | ||||||
3 | family
home may continue to receive foster care payments only | ||||||
4 | until the Department
determines that they may be licensed as a | ||||||
5 | foster family home or that their
application for licensure is | ||||||
6 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
7 | (v) The Department shall access criminal history record | ||||||
8 | information
as defined in the Illinois Uniform Conviction | ||||||
9 | Information Act and information
maintained in the adjudicatory | ||||||
10 | and dispositional record system as defined in
Section 2605-355 | ||||||
11 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
12 | if the Department determines the information is necessary to | ||||||
13 | perform its duties
under the Abused and Neglected Child | ||||||
14 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
15 | Family Services Act. The Department shall provide for
| ||||||
16 | interactive computerized communication and processing | ||||||
17 | equipment that permits
direct on-line communication with the | ||||||
18 | Department of State Police's central
criminal history data | ||||||
19 | repository. The Department shall comply with all
certification | ||||||
20 | requirements and provide certified operators who have been
| ||||||
21 | trained by personnel from the Department of State Police. In | ||||||
22 | addition, one
Office of the Inspector General investigator | ||||||
23 | shall have training in the use of
the criminal history | ||||||
24 | information access system and have
access to the terminal. The | ||||||
25 | Department of Children and Family Services and its
employees | ||||||
26 | shall abide by rules and regulations established by the |
| |||||||
| |||||||
1 | Department of
State Police relating to the access and | ||||||
2 | dissemination of
this information.
| ||||||
3 | (v-1) Prior to final approval for placement of a child, the | ||||||
4 | Department shall conduct a criminal records background check of | ||||||
5 | the prospective foster or adoptive parent, including | ||||||
6 | fingerprint-based checks of national crime information | ||||||
7 | databases. Final approval for placement shall not be granted if | ||||||
8 | the record check reveals a felony conviction for child abuse or | ||||||
9 | neglect, for spousal abuse, for a crime against children, or | ||||||
10 | for a crime involving violence, including rape, sexual assault, | ||||||
11 | or homicide, but not including other physical assault or | ||||||
12 | battery, or if there is a felony conviction for physical | ||||||
13 | assault, battery, or a drug-related offense committed within | ||||||
14 | the past 5 years. | ||||||
15 | (v-2) Prior to final approval for placement of a child, the | ||||||
16 | Department shall check its child abuse and neglect registry for | ||||||
17 | information concerning prospective foster and adoptive | ||||||
18 | parents, and any adult living in the home. If any prospective | ||||||
19 | foster or adoptive parent or other adult living in the home has | ||||||
20 | resided in another state in the preceding 5 years, the | ||||||
21 | Department shall request a check of that other state's child | ||||||
22 | abuse and neglect registry.
| ||||||
23 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
24 | of Public Act
89-392), the Department shall prepare and submit | ||||||
25 | to the Governor and the
General Assembly, a written plan for | ||||||
26 | the development of in-state licensed
secure child care |
| |||||||
| |||||||
1 | facilities that care for children who are in need of secure
| ||||||
2 | living
arrangements for their health, safety, and well-being. | ||||||
3 | For purposes of this
subsection, secure care facility shall | ||||||
4 | mean a facility that is designed and
operated to ensure that | ||||||
5 | all entrances and exits from the facility, a building
or a | ||||||
6 | distinct part of the building, are under the exclusive control | ||||||
7 | of the
staff of the facility, whether or not the child has the | ||||||
8 | freedom of movement
within the perimeter of the facility, | ||||||
9 | building, or distinct part of the
building. The plan shall | ||||||
10 | include descriptions of the types of facilities that
are needed | ||||||
11 | in Illinois; the cost of developing these secure care | ||||||
12 | facilities;
the estimated number of placements; the potential | ||||||
13 | cost savings resulting from
the movement of children currently | ||||||
14 | out-of-state who are projected to be
returned to Illinois; the | ||||||
15 | necessary geographic distribution of these
facilities in | ||||||
16 | Illinois; and a proposed timetable for development of such
| ||||||
17 | facilities. | ||||||
18 | (x) The Department shall conduct annual credit history | ||||||
19 | checks to determine the financial history of children placed | ||||||
20 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
21 | 1987. The Department shall conduct such credit checks starting | ||||||
22 | when a ward turns 12 years old and each year thereafter for the | ||||||
23 | duration of the guardianship as terminated pursuant to the | ||||||
24 | Juvenile Court Act of 1987. The Department shall determine if | ||||||
25 | financial exploitation of the child's personal information has | ||||||
26 | occurred. If financial exploitation appears to have taken place |
| |||||||
| |||||||
1 | or is presently ongoing, the Department shall notify the proper | ||||||
2 | law enforcement agency, the proper State's Attorney, or the | ||||||
3 | Attorney General. | ||||||
4 | (y) Beginning on the effective date of this amendatory Act | ||||||
5 | of the 96th General Assembly, a child with a disability who | ||||||
6 | receives residential and educational services from the | ||||||
7 | Department shall be eligible to receive transition services in | ||||||
8 | accordance with Article 14 of the School Code from the age of | ||||||
9 | 14.5 through age 21, inclusive, notwithstanding the child's | ||||||
10 | residential services arrangement. For purposes of this | ||||||
11 | subsection, "child with a disability" means a child with a | ||||||
12 | disability as defined by the federal Individuals with | ||||||
13 | Disabilities Education Improvement Act of 2004. | ||||||
14 | (Source: P.A. 96-134, eff. 8-7-09; 96-581, eff. 1-1-10; 96-600, | ||||||
15 | eff. 8-21-09; 96-619, eff. 1-1-10; 96-760, eff. 1-1-10; | ||||||
16 | 96-1000, eff. 7-2-10; 96-1189, eff. 7-22-10; 97-1150, eff. | ||||||
17 | 1-25-13.)
| ||||||
18 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
19 | changing Sections 1-3 and 1-5 as follows:
| ||||||
20 | (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
| ||||||
21 | Sec. 1-3. Definitions. Terms used in this Act, unless the | ||||||
22 | context
otherwise requires, have the following meanings | ||||||
23 | ascribed to them:
| ||||||
24 | (1) "Adjudicatory hearing" means a hearing to
determine |
| |||||||
| |||||||
1 | whether the allegations of a petition under Section 2-13, 3-15 | ||||||
2 | or
4-12 that a minor under 18 years of age is abused, neglected | ||||||
3 | or dependent, or
requires authoritative intervention, or | ||||||
4 | addicted, respectively, are supported
by a preponderance of the | ||||||
5 | evidence or whether the allegations of a petition
under Section | ||||||
6 | 5-520 that a minor is delinquent are proved beyond a reasonable
| ||||||
7 | doubt.
| ||||||
8 | (2) "Adult" means a person 21 years of age or older.
| ||||||
9 | (3) "Agency" means a public or private child care facility
| ||||||
10 | legally authorized or licensed by this State for placement or | ||||||
11 | institutional
care or for both placement and institutional | ||||||
12 | care.
| ||||||
13 | (4) "Association" means any organization, public or
| ||||||
14 | private, engaged in welfare functions which include services to | ||||||
15 | or on behalf of
children but does not include "agency" as | ||||||
16 | herein defined.
| ||||||
17 | (4.05) Whenever a "best interest" determination is
| ||||||
18 | required, the following factors shall be considered in the | ||||||
19 | context of the
child's age and developmental needs:
| ||||||
20 | (a) the physical safety and welfare of the child, | ||||||
21 | including food, shelter,
health, and clothing;
| ||||||
22 | (b) the development of the child's identity;
| ||||||
23 | (c) the child's background and ties, including | ||||||
24 | familial,
cultural, and religious;
| ||||||
25 | (d) the child's sense of attachments, including:
| ||||||
26 | (i) where the child actually feels love, |
| |||||||
| |||||||
1 | attachment, and a sense of
being valued (as opposed to | ||||||
2 | where adults believe the child should
feel such love, | ||||||
3 | attachment, and a sense of being valued);
| ||||||
4 | (ii) the child's sense of security;
| ||||||
5 | (iii) the child's sense of familiarity;
| ||||||
6 | (iv) continuity of affection for the child;
| ||||||
7 | (v) the least disruptive placement alternative for | ||||||
8 | the child;
| ||||||
9 | (e) the child's wishes and long-term goals;
| ||||||
10 | (f) the child's community ties, including church, | ||||||
11 | school, and friends;
| ||||||
12 | (g) the child's need for permanence which includes the | ||||||
13 | child's need for
stability and continuity of relationships | ||||||
14 | with parent figures and with siblings
and other relatives;
| ||||||
15 | (h) the uniqueness of every family and child;
| ||||||
16 | (i) the risks attendant to entering and being in | ||||||
17 | substitute care; and
| ||||||
18 | (j) the preferences of the persons available to care | ||||||
19 | for the child.
| ||||||
20 | (4.1) "Chronic truant" shall have the definition
ascribed | ||||||
21 | to it in Section 26-2a of the School Code.
| ||||||
22 | (5) "Court" means the circuit court in a session or | ||||||
23 | division
assigned to hear proceedings under this Act.
| ||||||
24 | (6) "Dispositional hearing" means a hearing to
determine | ||||||
25 | whether a minor should be adjudged to be a ward of the court, | ||||||
26 | and to
determine what order of disposition should be made in |
| |||||||
| |||||||
1 | respect to a minor
adjudged to be a ward of the court.
| ||||||
2 | (7) "Emancipated minor" means any minor 16 years of age or | ||||||
3 | over who has
been completely or partially emancipated under the | ||||||
4 | Emancipation of
Minors Act or
under this Act.
| ||||||
5 | (7.05) "Foster parent" includes a relative caregiver. | ||||||
6 | (8) "Guardianship of the person" of a minor
means the duty | ||||||
7 | and authority to act in the best interests of the minor, | ||||||
8 | subject
to residual parental rights and responsibilities, to | ||||||
9 | make important decisions
in matters having a permanent effect | ||||||
10 | on the life and development of the minor
and to be concerned | ||||||
11 | with his or her general welfare. It includes but is not
| ||||||
12 | necessarily limited to:
| ||||||
13 | (a) the authority to consent to marriage, to enlistment | ||||||
14 | in the armed
forces of the United States, or to a major | ||||||
15 | medical, psychiatric, and
surgical treatment; to represent | ||||||
16 | the minor in legal actions; and to make
other decisions of | ||||||
17 | substantial legal significance concerning the minor;
| ||||||
18 | (b) the authority and duty of reasonable visitation, | ||||||
19 | except to the
extent that these have been limited in the | ||||||
20 | best interests of the minor by
court order;
| ||||||
21 | (c) the rights and responsibilities of legal custody | ||||||
22 | except where legal
custody has been vested in another | ||||||
23 | person or agency; and
| ||||||
24 | (d) the power to consent to the adoption of the minor, | ||||||
25 | but only if
expressly conferred on the guardian in | ||||||
26 | accordance with Section 2-29, 3-30, or
4-27.
|
| |||||||
| |||||||
1 | (9) "Legal custody" means the relationship created by an
| ||||||
2 | order of court in the best interests of the minor which imposes | ||||||
3 | on the
custodian the responsibility of physical possession of a | ||||||
4 | minor and the duty to
protect, train and discipline him and to | ||||||
5 | provide him with food, shelter,
education and ordinary medical | ||||||
6 | care, except as these are limited by residual
parental rights | ||||||
7 | and responsibilities and the rights and responsibilities of the
| ||||||
8 | guardian of the person, if any.
| ||||||
9 | (9.1) "Mentally capable adult relative" means a person 21 | ||||||
10 | years of age or older who is not suffering from a mental | ||||||
11 | illness that prevents him or her from providing the care | ||||||
12 | necessary to safeguard the physical safety and welfare of a | ||||||
13 | minor who is left in that person's care by the parent or | ||||||
14 | parents or other person responsible for the minor's welfare. | ||||||
15 | (10) "Minor" means a person under the age of 21 years | ||||||
16 | subject to
this Act.
| ||||||
17 | (11) "Parent" means the father or mother of a child and
| ||||||
18 | includes any adoptive parent. It also includes a man (i)
whose | ||||||
19 | paternity
is presumed or has been established under the law of | ||||||
20 | this or another
jurisdiction or (ii) who has registered with | ||||||
21 | the Putative Father Registry in
accordance with Section 12.1 of | ||||||
22 | the Adoption Act and whose paternity has not
been ruled out | ||||||
23 | under the law of this or another jurisdiction. It does not
| ||||||
24 | include a
parent whose rights in respect to the
minor have been | ||||||
25 | terminated in any manner provided by law. It does not include a | ||||||
26 | person who has been or could be determined to be a parent under |
| |||||||
| |||||||
1 | the Illinois Parentage Act of 1984, or similar parentage law in | ||||||
2 | any other state, if that person has been convicted of or pled | ||||||
3 | nolo contendere to a crime that resulted in the conception of | ||||||
4 | the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11, | ||||||
5 | 12-13, 12-14, 12-14.1, subsection (a) or (b) (but not | ||||||
6 | subsection (c)) of Section 11-1.50 or 12-15, or subsection (a), | ||||||
7 | (b), (c), (e), or (f) (but not subsection (d)) of Section | ||||||
8 | 11-1.60 or 12-16 of the Criminal Code of 1961 or the Criminal | ||||||
9 | Code of 2012, or similar statute in another jurisdiction unless | ||||||
10 | upon motion of any party, other than the offender, to the | ||||||
11 | juvenile court proceedings the court finds it is in the child's | ||||||
12 | best interest to deem the offender a parent for purposes of the | ||||||
13 | juvenile court proceedings.
| ||||||
14 | (11.1) "Permanency goal" means a goal set by the court as | ||||||
15 | defined in
subdivision (2) of Section 2-28.
| ||||||
16 | (11.2) "Permanency hearing" means a hearing to set the | ||||||
17 | permanency goal and
to review and determine (i) the | ||||||
18 | appropriateness of the services contained in
the plan and | ||||||
19 | whether those services have been provided, (ii) whether | ||||||
20 | reasonable
efforts have been made by all the parties to the | ||||||
21 | service plan to achieve the
goal, and (iii) whether the plan | ||||||
22 | and goal have been achieved.
| ||||||
23 | (12) "Petition" means the petition provided for in Section
| ||||||
24 | 2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | ||||||
25 | thereunder
in Section 3-15, 4-12 or 5-520.
| ||||||
26 | (12.1) "Physically capable adult relative" means a person |
| |||||||
| |||||||
1 | 21 years of age or older who does not have a severe physical | ||||||
2 | disability or medical condition, or is not suffering from | ||||||
3 | alcoholism or drug addiction, that prevents him or her from | ||||||
4 | providing the care necessary to safeguard the physical safety | ||||||
5 | and welfare of a minor who is left in that person's care by the | ||||||
6 | parent or parents or other person responsible for the minor's | ||||||
7 | welfare. | ||||||
8 | (12.2) "Post Permanency Sibling Contact Agreement" has the | ||||||
9 | meaning ascribed to the term in Section 7.4 of the Children and | ||||||
10 | Family Services Act. | ||||||
11 | (13) "Residual parental
rights and responsibilities" means | ||||||
12 | those rights and responsibilities remaining
with the parent | ||||||
13 | after the transfer of legal custody or guardianship of the
| ||||||
14 | person, including, but not necessarily limited to, the right to | ||||||
15 | reasonable
visitation (which may be limited by the court in the | ||||||
16 | best interests of the
minor as provided in subsection (8)(b) of | ||||||
17 | this Section), the right to consent
to adoption, the right to | ||||||
18 | determine the minor's religious affiliation, and the
| ||||||
19 | responsibility for his support.
| ||||||
20 | (14) "Shelter" means the temporary care of a minor in
| ||||||
21 | physically unrestricting facilities pending court disposition | ||||||
22 | or execution of
court order for placement.
| ||||||
23 | (14.1) "Sibling Contact Support Plan" has the meaning | ||||||
24 | ascribed to the term in Section 7.4 of the Children and Family | ||||||
25 | Services Act. | ||||||
26 | (15) "Station adjustment" means the informal
handling of an |
| |||||||
| |||||||
1 | alleged offender by a juvenile police officer.
| ||||||
2 | (16) "Ward of the court" means a minor who is so
adjudged | ||||||
3 | under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
| ||||||
4 | requisite jurisdictional facts, and thus is subject to the | ||||||
5 | dispositional powers
of the court under this Act.
| ||||||
6 | (17) "Juvenile police officer" means a sworn
police officer | ||||||
7 | who has completed a Basic Recruit Training Course, has been
| ||||||
8 | assigned to the position of juvenile police officer by his or | ||||||
9 | her chief law
enforcement officer and has completed the | ||||||
10 | necessary juvenile officers training
as prescribed by the | ||||||
11 | Illinois Law Enforcement Training Standards Board, or in
the | ||||||
12 | case of a State police officer, juvenile officer
training | ||||||
13 | approved by the Director of the Department of State Police.
| ||||||
14 | (18) "Secure child care facility" means any child care | ||||||
15 | facility licensed
by the Department of Children and Family | ||||||
16 | Services to provide secure living
arrangements for children | ||||||
17 | under 18 years of age who are subject to placement in
| ||||||
18 | facilities under the Children and Family Services Act and who | ||||||
19 | are not subject
to placement in facilities for whom standards | ||||||
20 | are established by the Department
of Corrections under Section | ||||||
21 | 3-15-2 of the Unified Code of Corrections.
"Secure child care | ||||||
22 | facility" also means a
facility that is designed and operated | ||||||
23 | to ensure that all entrances and
exits
from the facility, a | ||||||
24 | building, or a distinct part of the building are under the
| ||||||
25 | exclusive control of the staff of the facility, whether or not | ||||||
26 | the child has
the freedom of movement within the perimeter of |
| |||||||
| |||||||
1 | the facility, building, or
distinct part of the building.
| ||||||
2 | (Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11; | ||||||
3 | 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13.)
| ||||||
4 | (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
| ||||||
5 | Sec. 1-5. Rights of parties to proceedings.
| ||||||
6 | (1) Except as provided in this Section and paragraph (2) of | ||||||
7 | Sections
2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is the | ||||||
8 | subject of the
proceeding
and his parents, guardian, legal | ||||||
9 | custodian or responsible relative who are
parties respondent | ||||||
10 | have the right to be present, to be heard, to present
evidence | ||||||
11 | material to the proceedings, to cross-examine witnesses, to
| ||||||
12 | examine pertinent court files and records and also, although | ||||||
13 | proceedings
under this Act are not intended to be adversary in | ||||||
14 | character, the right to
be represented by counsel. At the | ||||||
15 | request of any party financially unable
to employ counsel, with | ||||||
16 | the exception of a foster parent permitted to
intervene under | ||||||
17 | this Section, the court shall appoint the Public Defender or
| ||||||
18 | such other counsel as the case may require.
Counsel appointed | ||||||
19 | for the minor and any indigent party shall appear at all
stages | ||||||
20 | of the trial court proceeding, and such appointment shall | ||||||
21 | continue
through the permanency hearings and
termination of | ||||||
22 | parental rights proceedings subject to withdrawal or
| ||||||
23 | substitution pursuant to Supreme Court Rules or the Code of | ||||||
24 | Civil Procedure.
Following the dispositional hearing, the | ||||||
25 | court may require appointed counsel,
other than counsel for the |
| |||||||
| |||||||
1 | minor or counsel for the guardian ad litem,
to withdraw his or | ||||||
2 | her appearance upon failure of the party for whom counsel
was | ||||||
3 | appointed under this Section to attend any subsequent | ||||||
4 | proceedings.
| ||||||
5 | No hearing on any petition or motion filed under this Act | ||||||
6 | may be
commenced unless
the minor who is the subject of the | ||||||
7 | proceeding is represented by counsel.
Notwithstanding the | ||||||
8 | preceding sentence, if a guardian ad litem has been
appointed | ||||||
9 | for the minor under Section 2-17 of this
Act and the guardian | ||||||
10 | ad litem is a licensed attorney at law of this State, or
in the | ||||||
11 | event that a court appointed special advocate has been | ||||||
12 | appointed as
guardian ad litem and counsel has been appointed | ||||||
13 | to represent the court
appointed special advocate, the
court | ||||||
14 | may not require the appointment of counsel to represent the
| ||||||
15 | minor unless the court finds that the minor's interests are in | ||||||
16 | conflict with
what the guardian ad litem determines to be in | ||||||
17 | the best interest of the
minor. Each
adult respondent shall be | ||||||
18 | furnished a written "Notice of Rights" at
or before the first | ||||||
19 | hearing at which he or she appears.
| ||||||
20 | (1.5) The Department shall maintain
a system of response to | ||||||
21 | inquiry made by parents or putative
parents as to whether their | ||||||
22 | child is under the custody or guardianship of the
Department; | ||||||
23 | and if so, the Department shall direct the parents or putative
| ||||||
24 | parents to the appropriate court of jurisdiction, including | ||||||
25 | where inquiry may
be made of the clerk of the court regarding | ||||||
26 | the case number and the next
scheduled court date of the |
| |||||||
| |||||||
1 | minor's case.
Effective notice and the means of accessing | ||||||
2 | information shall be given to the
public on a continuing basis
| ||||||
3 | by the
Department.
| ||||||
4 | (2) (a) Though not appointed guardian or legal custodian or | ||||||
5 | otherwise made
a party to the proceeding, any current or | ||||||
6 | previously appointed foster parent
or relative caregiver, or | ||||||
7 | representative of an agency or association
interested in the | ||||||
8 | minor has
the right to be heard by the court, but does not | ||||||
9 | thereby become a party
to the proceeding.
| ||||||
10 | In addition to the foregoing right to be heard by the | ||||||
11 | court, any current
foster parent or relative caregiver of a | ||||||
12 | minor and the agency designated
by the court or the
Department | ||||||
13 | of Children and Family Services as custodian of the minor who
| ||||||
14 | is alleged to be or has been adjudicated an abused or neglected | ||||||
15 | minor under
Section 2-3 or a
dependent minor under Section 2-4 | ||||||
16 | of this Act has the right to and shall be
given adequate notice | ||||||
17 | at all stages of any hearing or proceeding under this
Act.
| ||||||
18 | Any foster parent or relative caregiver who is denied his | ||||||
19 | or her
right to be heard under this
Section may bring a | ||||||
20 | mandamus action under Article XIV of the Code of Civil
| ||||||
21 | Procedure against the court or any public agency to enforce | ||||||
22 | that right. The
mandamus action may be brought immediately upon | ||||||
23 | the denial of those rights but
in no event later than 30 days | ||||||
24 | after the foster parent has been denied the
right to be heard.
| ||||||
25 | (b) If after an adjudication that a minor is abused or | ||||||
26 | neglected as provided
under Section 2-21 of this Act and a |
| |||||||
| |||||||
1 | motion has been
made to restore the
minor to any parent, | ||||||
2 | guardian, or legal custodian found by the court to have
caused | ||||||
3 | the neglect or to have inflicted the abuse on the minor, a | ||||||
4 | foster parent
may file a motion to intervene in the proceeding | ||||||
5 | for
the sole purpose of
requesting that the minor be placed | ||||||
6 | with the foster parent, provided that the
foster parent (i) is | ||||||
7 | the current foster parent of the minor or (ii) has
previously | ||||||
8 | been a foster parent for the minor for one year or more, has a
| ||||||
9 | foster care license or is eligible for a license or is not | ||||||
10 | required to have a license , and is not the subject of any
| ||||||
11 | findings of abuse or neglect of any child. The juvenile court | ||||||
12 | may only enter
orders placing a minor with a specific foster | ||||||
13 | parent under this subsection
(2)(b) and nothing in this Section | ||||||
14 | shall be construed to confer any
jurisdiction or authority on | ||||||
15 | the juvenile court to issue any other orders
requiring the | ||||||
16 | appointed guardian or custodian of a minor to place the minor | ||||||
17 | in
a designated foster home or facility. This Section is not | ||||||
18 | intended to
encompass any matters that are within the
scope or | ||||||
19 | determinable under the administrative and appeal process | ||||||
20 | established
by rules of the Department of Children and Family | ||||||
21 | Services under Section
5(o) of the Children and Family Services | ||||||
22 | Act. Nothing in this Section shall
relieve the court of its | ||||||
23 | responsibility, under Section 2-14(a) of
this Act to act in a | ||||||
24 | just and speedy manner to reunify families where it is
the best | ||||||
25 | interests of the minor and the child can be cared for at home
| ||||||
26 | without endangering the child's health or safety and, if |
| |||||||
| |||||||
1 | reunification is not
in the best
interests of the minor, to | ||||||
2 | find another permanent home for the minor. Nothing
in this | ||||||
3 | Section, or in any order issued by the court with respect to | ||||||
4 | the
placement of a minor with a foster parent, shall impair the | ||||||
5 | ability of the
Department of Children and Family Services, or | ||||||
6 | anyone else authorized under
Section 5 of the Abused and | ||||||
7 | Neglected Child Reporting Act, to remove a minor
from the home | ||||||
8 | of a foster parent if the Department of Children and Family
| ||||||
9 | Services or the person removing the minor has reason to believe | ||||||
10 | that the
circumstances or conditions of the minor are such that | ||||||
11 | continuing in the
residence or care of the foster parent will | ||||||
12 | jeopardize the child's health and
safety or present an imminent | ||||||
13 | risk of harm to that
minor's life.
| ||||||
14 | (c) If a foster parent has had the minor who is the subject | ||||||
15 | of the
proceeding under Article II in his or her home for more | ||||||
16 | than one year on or
after July 3, 1994 and if the minor's
| ||||||
17 | placement is being terminated from that foster parent's home, | ||||||
18 | that foster
parent shall have standing and intervenor status | ||||||
19 | except in those
circumstances where the Department of Children | ||||||
20 | and Family Services or anyone
else authorized under Section 5 | ||||||
21 | of the Abused and Neglected Child Reporting Act
has removed the | ||||||
22 | minor from the foster parent because of a reasonable belief
| ||||||
23 | that the circumstances or conditions of the minor are such that | ||||||
24 | continuing in
the residence or care of the foster parent will | ||||||
25 | jeopardize the child's health
or safety or presents an imminent | ||||||
26 | risk of harm to
the minor's life.
|
| |||||||
| |||||||
1 | (d) The court may grant standing to any foster parent
if | ||||||
2 | the court finds that it is in the best interest of the child | ||||||
3 | for the foster
parent to have standing and intervenor status.
| ||||||
4 | (3) Parties respondent are entitled to notice in compliance | ||||||
5 | with Sections
2-15 and 2-16, 3-17 and 3-18, 4-14 and 4-15 or | ||||||
6 | 5-525 and 5-530, as appropriate.
At the first appearance before | ||||||
7 | the court by the minor, his
parents, guardian, custodian or | ||||||
8 | responsible relative, the court shall explain
the nature of the | ||||||
9 | proceedings and inform the parties of their rights under the
| ||||||
10 | first 2 paragraphs of this Section.
| ||||||
11 | If the child is alleged to be abused, neglected or | ||||||
12 | dependent, the court
shall
admonish the parents that if the | ||||||
13 | court declares the child to be a ward of the
court and
awards | ||||||
14 | custody or guardianship to the Department of Children and | ||||||
15 | Family
Services, the parents must cooperate with the Department | ||||||
16 | of Children and Family
Services, comply with the terms of the | ||||||
17 | service plans, and correct the
conditions that require the | ||||||
18 | child to be in care, or risk termination of their
parental | ||||||
19 | rights.
| ||||||
20 | Upon an adjudication of wardship of
the court under | ||||||
21 | Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform
the | ||||||
22 | parties of their right to appeal therefrom as well as from any | ||||||
23 | other
final judgment of the court.
| ||||||
24 | When the court finds that a child is an abused, neglected, | ||||||
25 | or dependent
minor under
Section 2-21, the court shall admonish | ||||||
26 | the parents that the parents must
cooperate with
the Department |
| |||||||
| |||||||
1 | of Children and Family Services, comply with the terms of the
| ||||||
2 | service plans, and correct the conditions that require the | ||||||
3 | child to be in care,
or risk termination of
their parental
| ||||||
4 | rights.
| ||||||
5 | When the court declares a child to be a ward of the court | ||||||
6 | and awards
guardianship to the Department of Children and | ||||||
7 | Family Services under Section
2-22, the court shall admonish | ||||||
8 | the parents,
guardian,
custodian, or responsible relative that | ||||||
9 | the parents must cooperate with the
Department of Children and | ||||||
10 | Family Services, comply
with the terms of the service plans, | ||||||
11 | and correct the conditions that require
the child to be in | ||||||
12 | care, or risk termination of their parental
rights.
| ||||||
13 | (4) No sanction may be applied against the minor who is the | ||||||
14 | subject of
the proceedings by reason of his refusal or failure | ||||||
15 | to testify in the course
of any hearing held prior to final | ||||||
16 | adjudication under Section 2-22, 3-23, 4-20
or 5-705.
| ||||||
17 | (5) In the discretion of the court, the minor may be | ||||||
18 | excluded from any
part or parts of a dispositional hearing and, | ||||||
19 | with the consent of the parent
or parents, guardian, counsel or | ||||||
20 | a guardian ad litem, from any part or parts
of an adjudicatory | ||||||
21 | hearing.
| ||||||
22 | (6) The general public except for the news media and the | ||||||
23 | crime victim, as defined in Section 3 of the Rights of Crime | ||||||
24 | Victims and Witnesses Act, shall be
excluded from any hearing | ||||||
25 | and, except for the persons specified in this
Section only | ||||||
26 | persons, including representatives of agencies and
|
| |||||||
| |||||||
1 | associations, who in the opinion of the court have a direct | ||||||
2 | interest in the
case or in the work of the court shall be | ||||||
3 | admitted to the hearing. However,
the court may, for the | ||||||
4 | minor's safety and protection and for good cause
shown,
| ||||||
5 | prohibit any person or agency present in court from further | ||||||
6 | disclosing the
minor's identity.
Nothing in this subsection (6) | ||||||
7 | prevents the court from allowing other
juveniles to be present | ||||||
8 | or to participate in a court session being held
under the | ||||||
9 | Juvenile Drug Court Treatment Act.
| ||||||
10 | (7) A party shall not be entitled to exercise the right to | ||||||
11 | a substitution
of a judge without cause under subdivision | ||||||
12 | (a)(2) of Section 2-1001 of the Code
of Civil Procedure in a | ||||||
13 | proceeding under this Act if the judge is currently
assigned to | ||||||
14 | a proceeding involving the alleged abuse, neglect, or | ||||||
15 | dependency of
the minor's sibling or half sibling and that | ||||||
16 | judge has made a substantive
ruling in the proceeding involving | ||||||
17 | the minor's sibling or half sibling.
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18 | (Source: P.A. 93-539, eff. 8-18-03; 94-271, eff. 1-1-06.)".
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