Bill Text: IL SB0193 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Abused and Neglected Child Reporting Act. Provides that prior to classifying a report of abuse or neglect as "indicated", "unfounded" or "undetermined", if the Department of Children and Family Services intends to classify the report as unfounded, the Department must first determine whether the report is subject to review and must complete the review process prior to classifying the report. Requires the Deputy Director of Child Protection to oversee a review process that ensures the Department reviews a random sample of at least 5% of child abuse and neglect reports in which the Department intends to be unfounded and any subject child of the report is not of compulsory school age as provided under the School Code. Provides that the review must be conducted by an area administrator outside the supervisory chain of the investigator and supervisor; and that the review shall ensure that the investigation was conducted in accordance with the Department's rules and procedures governing child abuse and neglect investigations and that the final intended finding is consistent with the goal of protecting the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect. Provides that if the reviewer determines the investigation or final recommended unfounded finding is inconsistent with the Department's rules and procedures, the reviewer shall document the findings in an Unfounded Review Report and forward the Unfounded Review Report to specified persons to ensure corrective steps are taken in the case before the final finding is entered. Requires the Deputy Director of Child Protection to oversee a review process that ensures the Department reviews a random sample of at least 5% of indicated reports in which any subject child of the report is not of compulsory school age as provided under the School Code, the child is not a youth in care, and the Department is not opening a case for any type of services. Provides that if the reviewer determines the investigation or final finding is inconsistent with the Department's rules and procedures, the reviewer shall document the findings in an Indicated Review Report and forward the Indicated Review Report to specified persons to ensure corrective steps are taken in the case. Requires the Department to report to the General Assembly its findings on the number of Unfounded Review Reports and Indicated Review Reports it documents. Provides that incentives that discourage or reward a decision to provide family preservation services after a report is indicated or a decision to refer a child for the filing of a petition under the Juvenile Court Act of 1987 are strictly prohibited and shall not be included in any contract, quality assurance, or performance review process. Provides that any decision regarding whether to provide family preservation services after an indicated report or to refer a child for the filing of a petition under the Juvenile Court Act of 1987 shall be based solely on the child's health, safety, and best interests and on any applicable law. Requires any Department employee responsible for reviewing contracts or program plans who is aware of a violation of these provisions to immediately refer the matter to the Inspector General of the Department. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0528 [SB0193 Detail]

Download: Illinois-2019-SB0193-Engrossed.html

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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 2-31 and 2-33 as follows:
(705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
Sec. 2-31. Duration of wardship and discharge of
proceedings.
(1) All proceedings under Article II of this Act in respect
of any minor for whom a petition was filed after the effective
date of this amendatory Act of 1991 automatically terminate
upon his or her attaining the age of 21 19 years, except that a
court may continue the wardship of a minor until age 21 for
good cause when there is satisfactory evidence presented to the
court and the court makes written factual findings that the
health, safety, and best interest of the minor and the public
require the continuation of the wardship. A court shall find
that it is in the minor's best interest to continue wardship if
the Department of Children and Family Services has not made
reasonable efforts to ensure that the minor has documents
necessary for adult living as provided in Section 35.10 of the
Children and Family Services Act.
(2) Whenever the court determines, and makes written

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factual findings, that health, safety, and the best interests
of the minor and the public no longer require the wardship of
the court, the court shall order the wardship terminated and
all proceedings under this Act respecting that minor finally
closed and discharged. The court may at the same time continue
or terminate any custodianship or guardianship theretofore
ordered but the termination must be made in compliance with
Section 2-28. When terminating wardship under this Section, if
the minor is over 18, or if wardship is terminated in
conjunction with an order partially or completely emancipating
the minor in accordance with the Emancipation of Minors Act,
the court shall also consider the following factors, in
addition to the health, safety, and best interest of the minor
and the public: (A) the minor's wishes regarding case closure;
(B) the manner in which the minor will maintain independence
without services from the Department; (C) the minor's
engagement in services including placement offered by the
Department; (D) if the minor is not engaged, the Department's
efforts to engage the minor; (E) the nature of communication
between the minor and the Department; (F) the minor's
involvement in other State systems or services; (G) the minor's
connections with family and other community support; and (H)
any other factor the court deems relevant also make specific
findings of fact as to the minor's wishes regarding case
closure and the manner in which the minor will maintain
independence. The minor's lack of cooperation with services

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provided by the Department of Children and Family Services
shall not by itself be considered sufficient evidence that the
minor is prepared to live independently and that it is in the
best interest of the minor to terminate wardship. It shall not
be in the minor's best interest to terminate wardship of a
minor over the age of 18 who is in the guardianship of the
Department of Children and Family Services if the Department
has not made reasonable efforts to ensure that the minor has
documents necessary for adult living as provided in Section
35.10 of the Children and Family Services Act.
(3) The wardship of the minor and any custodianship or
guardianship respecting the minor for whom a petition was filed
after the effective date of this amendatory Act of 1991
automatically terminates when he attains the age of 19 years
except as set forth in subsection (1) of this Section. The
clerk of the court shall at that time record all proceedings
under this Act as finally closed and discharged for that
reason. The provisions of this subsection (3) become
inoperative on and after the effective date of this amendatory
Act of the 101st General Assembly.
(4) Notwithstanding any provision of law to the contrary,
the changes made by this amendatory Act of the 101st General
Assembly apply to all cases that are pending on or after the
effective date of this amendatory Act of the 101st General
Assembly.
(Source: P.A. 100-680, eff. 1-1-19.)

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(705 ILCS 405/2-33)
Sec. 2-33. Supplemental petition to reinstate wardship.
(1) Any time prior to a minor's 18th birthday, pursuant to
a supplemental petition filed under this Section, the court may
reinstate wardship and open a previously closed case when:
(a) wardship and guardianship under the Juvenile Court
Act of 1987 was vacated in conjunction with the appointment
of a private guardian under the Probate Act of 1975;
(b) the minor is not presently a ward of the court
under Article II of this Act nor is there a petition for
adjudication of wardship pending on behalf of the minor;
and
(c) it is in the minor's best interest that wardship be
reinstated.
(2) Any time prior to a minor's 21st birthday, pursuant to
a supplemental petition filed under this Section, the court may
reinstate wardship and open a previously closed case when:
(a) wardship and guardianship under this Act was
vacated pursuant to:
(i) an order entered under subsection (2) of
Section 2-31 in the case of a minor over the age of 18;
(ii) closure of a case under subsection (2) of
Section 2-31 in the case of a minor under the age of 18
who has been partially or completely emancipated in
accordance with the Emancipation of Minors Act; or

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(iii) an order entered under subsection (3) of
Section 2-31 based on the minor's attaining the age of
19 years before the effective date of this amendatory
Act of the 101st General Assembly;
(b) the minor is not presently a ward of the court
under Article II of this Act nor is there a petition for
adjudication of wardship pending on behalf of the minor;
and
(c) it is in the minor's best interest that wardship be
reinstated.
(3) The supplemental petition must be filed in the same
proceeding in which the original adjudication order was
entered. Unless excused by court for good cause shown, the
petitioner shall give notice of the time and place of the
hearing on the supplemental petition, in person or by mail, to
the minor, if the minor is 14 years of age or older, and to the
parties to the juvenile court proceeding. Notice shall be
provided at least 3 court days in advance of the hearing date.
(4) A minor who is the subject of a petition to reinstate
wardship under this Section shall be provided with
representation in accordance with Sections 1-5 and 2-17 of this
Act.
(5) Whenever a minor is committed to the Department of
Children and Family Services for care and services following
the reinstatement of wardship under this Section, the
Department shall:

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(a) Within 30 days of such commitment, prepare and file
with the court a case plan which complies with the federal
Adoption Assistance and Child Welfare Act of 1980 and is
consistent with the health, safety and best interests of
the minor; and
(b) Promptly refer the minor for such services as are
necessary and consistent with the minor's health, safety
and best interests.
(Source: P.A. 96-581, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.