Bill Text: IL SB3533 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Abused, Neglected, or Dependent Minors Article of the Juvenile Court Act of 1987. Provides that if the minor is being restored to the custody of a parent, legal custodian, or guardian who lives outside of Illinois, and there is not an Interstate Compact in place, the court may order the Department of Children and Family Services to arrange for an assessment of the minor's proposed living arrangement and for ongoing monitoring of the health, safety, and best interest of the minor and compliance with any order of protective supervision. Provides that if a motion is filed to modify or vacate a private guardianship order and return the child to a parent, guardian, or legal custodian, the court may order the Department of Children and Family Services to assess the minor's current and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest of the minor during the pendency of the motion to assist the court in making that determination. Provides that whenever a petition is filed to reinstate wardship, prior to granting the petition, the court may order the Department of Children and Family Services to assess the minor's current and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest of the minor during the pendency of the petition to assist the court in making that determination. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3533 Detail]

Download: Illinois-2019-SB3533-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3533 Introduced 2/13/2020, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED:
705 ILCS 405/2-10 from Ch. 37, par. 802-10
705 ILCS 405/2-23 from Ch. 37, par. 802-23
705 ILCS 405/2-28 from Ch. 37, par. 802-28
705 ILCS 405/2-33
Amends the Abused, Neglected, or Dependent Minors Article of the Juvenile Court Act of 1987. Provides that if the minor is being restored to the custody of a parent, legal custodian, or guardian who lives outside of Illinois, and there is not an Interstate Compact in place, the court may order the Department of Children and Family Services to arrange for an assessment of the minor's proposed living arrangement and for ongoing monitoring of the health, safety, and best interest of the minor and compliance with any order of protective supervision. Provides that if a motion is filed to modify or vacate a private guardianship order and return the child to a parent, guardian, or legal custodian, the court may order the Department of Children and Family Services to assess the minor's current and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest of the minor during the pendency of the motion to assist the court in making that determination. Provides that whenever a petition is filed to reinstate wardship, prior to granting the petition, the court may order the Department of Children and Family Services to assess the minor's current and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest of the minor during the pendency of the petition to assist the court in making that determination. Effective immediately.
LRB101 20287 RLC 69829 b
A BILL FOR
SB3533 LRB101 20287 RLC 69829 b
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 2-10, 2-23, 2-28, and 2-33 as follows:
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance of
the minor before the court at the temporary custody hearing,
all witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is abused, neglected or dependent it
shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is abused, neglected or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. The Department of Children and
Family Services shall give testimony concerning indicated
reports of abuse and neglect, of which they are aware through
the central registry, involving the minor's parent, guardian or

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custodian. After such testimony, the court may, consistent with
the health, safety and best interests of the minor, enter an
order that the minor shall be released upon the request of
parent, guardian or custodian if the parent, guardian or
custodian appears to take custody. If it is determined that a
parent's, guardian's, or custodian's compliance with critical
services mitigates the necessity for removal of the minor from
his or her home, the court may enter an Order of Protection
setting forth reasonable conditions of behavior that a parent,
guardian, or custodian must observe for a specified period of
time, not to exceed 12 months, without a violation; provided,
however, that the 12-month period shall begin anew after any
violation. "Custodian" includes the Department of Children and
Family Services, if it has been given custody of the child, or
any other agency of the State which has been given custody or
wardship of the child. If it is consistent with the health,
safety and best interests of the minor, the court may also
prescribe shelter care and order that the minor be kept in a
suitable place designated by the court or in a shelter care
facility designated by the Department of Children and Family
Services or a licensed child welfare agency; however, on and
after January 1, 2015 (the effective date of Public Act 98-803)
and before January 1, 2017, a minor charged with a criminal
offense under the Criminal Code of 1961 or the Criminal Code of
2012 or adjudicated delinquent shall not be placed in the
custody of or committed to the Department of Children and

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Family Services by any court, except a minor less than 16 years
of age and committed to the Department of Children and Family
Services under Section 5-710 of this Act or a minor for whom an
independent basis of abuse, neglect, or dependency exists; and
on and after January 1, 2017, a minor charged with a criminal
offense under the Criminal Code of 1961 or the Criminal Code of
2012 or adjudicated delinquent shall not be placed in the
custody of or committed to the Department of Children and
Family Services by any court, except a minor less than 15 years
of age and committed to the Department of Children and Family
Services under Section 5-710 of this Act or a minor for whom an
independent basis of abuse, neglect, or dependency exists. An
independent basis exists when the allegations or adjudication
of abuse, neglect, or dependency do not arise from the same
facts, incident, or circumstances which give rise to a charge
or adjudication of delinquency.
In placing the minor, the Department or other agency shall,
to the extent compatible with the court's order, comply with
Section 7 of the Children and Family Services Act. In
determining the health, safety and best interests of the minor
to prescribe shelter care, the court must find that it is a
matter of immediate and urgent necessity for the safety and
protection of the minor or of the person or property of another
that the minor be placed in a shelter care facility or that he
or she is likely to flee the jurisdiction of the court, and
must further find that reasonable efforts have been made or

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that, consistent with the health, safety and best interests of
the minor, no efforts reasonably can be made to prevent or
eliminate the necessity of removal of the minor from his or her
home. The court shall require documentation from the Department
of Children and Family Services as to the reasonable efforts
that were made to prevent or eliminate the necessity of removal
of the minor from his or her home or the reasons why no efforts
reasonably could be made to prevent or eliminate the necessity
of removal. When a minor is placed in the home of a relative,
the Department of Children and Family Services shall complete a
preliminary background review of the members of the minor's
custodian's household in accordance with Section 4.3 of the
Child Care Act of 1969 within 90 days of that placement. If the
minor is ordered placed in a shelter care facility of the
Department of Children and Family Services or a licensed child
welfare agency, the court shall, upon request of the
appropriate Department or other agency, appoint the Department
of Children and Family Services Guardianship Administrator or
other appropriate agency executive temporary custodian of the
minor and the court may enter such other orders related to the
temporary custody as it deems fit and proper, including the
provision of services to the minor or his family to ameliorate
the causes contributing to the finding of probable cause or to
the finding of the existence of immediate and urgent necessity.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive

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temporary custodian, the Department of Children and Family
Services shall file with the court and serve on the parties a
parent-child visiting plan, within 10 days, excluding weekends
and holidays, after the appointment. The parent-child visiting
plan shall set out the time and place of visits, the frequency
of visits, the length of visits, who shall be present at the
visits, and where appropriate, the minor's opportunities to
have telephone and mail communication with the parents.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, and when the child has siblings in care,
the Department of Children and Family Services shall file with
the court and serve on the parties a sibling placement and
contact plan within 10 days, excluding weekends and holidays,
after the appointment. The sibling placement and contact plan
shall set forth whether the siblings are placed together, and
if they are not placed together, what, if any, efforts are
being made to place them together. If the Department has
determined that it is not in a child's best interest to be
placed with a sibling, the Department shall document in the
sibling placement and contact plan the basis for its
determination. For siblings placed separately, the sibling
placement and contact plan shall set the time and place for
visits, the frequency of the visits, the length of visits, who
shall be present for the visits, and where appropriate, the
child's opportunities to have contact with their siblings in

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addition to in person contact. If the Department determines it
is not in the best interest of a sibling to have contact with a
sibling, the Department shall document in the sibling placement
and contact plan the basis for its determination. The sibling
placement and contact plan shall specify a date for development
of the Sibling Contact Support Plan, under subsection (f) of
Section 7.4 of the Children and Family Services Act, and shall
remain in effect until the Sibling Contact Support Plan is
developed.
For good cause, the court may waive the requirement to file
the parent-child visiting plan or the sibling placement and
contact plan, or extend the time for filing either plan. Any
party may, by motion, request the court to review the
parent-child visiting plan to determine whether it is
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal. A party may, by motion,
request the court to review the parent-child visiting plan or
the sibling placement and contact plan to determine whether it
is consistent with the minor's best interest. The court may
refer the parties to mediation where available. The frequency,
duration, and locations of visitation shall be measured by the
needs of the child and family, and not by the convenience of
Department personnel. Child development principles shall be
considered by the court in its analysis of how frequent
visitation should be, how long it should last, where it should
take place, and who should be present. If upon motion of the

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party to review either plan and after receiving evidence, the
court determines that the parent-child visiting plan is not
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal or that the restrictions
placed on parent-child contact or sibling placement or contact
are contrary to the child's best interests, the court shall put
in writing the factual basis supporting the determination and
enter specific findings based on the evidence. The court shall
enter an order for the Department to implement changes to the
parent-child visiting plan or sibling placement or contact
plan, consistent with the court's findings. At any stage of
proceeding, any party may by motion request the court to enter
any orders necessary to implement the parent-child visiting
plan, sibling placement or contact plan or subsequently
developed Sibling Contact Support Plan. Nothing under this
subsection (2) shall restrict the court from granting
discretionary authority to the Department to increase
opportunities for additional parent-child contacts or sibling
contacts, without further court orders. Nothing in this
subsection (2) shall restrict the Department from immediately
restricting or terminating parent-child contact or sibling
contacts, without either amending the parent-child visiting
plan or the sibling contact plan or obtaining a court order,
where the Department or its assigns reasonably believe that
continuation of the contact, as set out in the plan, would be
contrary to the child's health, safety, and welfare. The

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Department shall file with the court and serve on the parties
any amendments to the plan within 10 days, excluding weekends
and holidays, of the change of the visitation.
Acceptance of services shall not be considered an admission
of any allegation in a petition made pursuant to this Act, nor
may a referral of services be considered as evidence in any
proceeding pursuant to this Act, except where the issue is
whether the Department has made reasonable efforts to reunite
the family. In making its findings that it is consistent with
the health, safety and best interests of the minor to prescribe
shelter care, the court shall state in writing (i) the factual
basis supporting its findings concerning the immediate and
urgent necessity for the protection of the minor or of the
person or property of another and (ii) the factual basis
supporting its findings that reasonable efforts were made to
prevent or eliminate the removal of the minor from his or her
home or that no efforts reasonably could be made to prevent or
eliminate the removal of the minor from his or her home. The
parents, guardian, custodian, temporary custodian and minor
shall each be furnished a copy of such written findings. The
temporary custodian shall maintain a copy of the court order
and written findings in the case record for the child. The
order together with the court's findings of fact in support
thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor

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be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that such placement is no longer necessary for the
protection of the minor.
If the child is placed in the temporary custody of the
Department of Children and Family Services for his or her
protection, the court shall admonish the parents, guardian,
custodian or responsible relative that the parents must
cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the
conditions which require the child to be in care, or risk
termination of their parental rights. The court shall ensure,
by inquiring in open court of each parent, guardian, custodian
or responsible relative, that the parent, guardian, custodian
or responsible relative has had the opportunity to provide the
Department with all known names, addresses, and telephone
numbers of each of the minor's living maternal and paternal
adult relatives, including, but not limited to, grandparents,
aunts, uncles, and siblings. The court shall advise the
parents, guardian, custodian or responsible relative to inform
the Department if additional information regarding the minor's
adult relatives becomes available.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
unable to serve notice on the party respondent, the shelter
care hearing may proceed ex parte. A shelter care order from an

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ex parte hearing shall be endorsed with the date and hour of
issuance and shall be filed with the clerk's office and entered
of record. The order shall expire after 10 days from the time
it is issued unless before its expiration it is renewed, at a
hearing upon appearance of the party respondent, or upon an
affidavit of the moving party as to all diligent efforts to
notify the party respondent by notice as herein prescribed. The
notice prescribed shall be in writing and shall be personally
delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to
notice. The notice shall also state the nature of the
allegations, the nature of the order sought by the State,
including whether temporary custody is sought, and the
consequences of failure to appear and shall contain a notice
that the parties will not be entitled to further written
notices or publication notices of proceedings in this case,
including the filing of an amended petition or a motion to
terminate parental rights, except as required by Supreme Court
Rule 11; and shall explain the right of the parties and the
procedures to vacate or modify a shelter care order as provided
in this Section. The notice for a shelter care hearing shall be
substantially as follows:
NOTICE TO PARENTS AND CHILDREN
OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State

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of Illinois will present evidence (1) that (name of child
or children) ....................... are abused, neglected
or dependent for the following reasons:
.............................................. and (2)
whether there is "immediate and urgent necessity" to remove
the child or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a
trial can be held. A trial may not be held for up to 90
days. You will not be entitled to further notices of
proceedings in this case, including the filing of an
amended petition or a motion to terminate parental rights.
At the shelter care hearing, parents have the following
rights:
1. To ask the court to appoint a lawyer if they
cannot afford one.
2. To ask the court to continue the hearing to
allow them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children were
abused, neglected or dependent.
b. Whether or not there is "immediate and
urgent necessity" to remove the child from home
(including: their ability to care for the child,
conditions in the home, alternative means of
protecting the child other than removal).

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c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to
................, you have the right to request a full
rehearing on whether the State should have temporary
custody of ................. To request this rehearing,
you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by
mailing a statement (affidavit) setting forth the
following:
1. That you were not present at the shelter care
hearing.
2. That you did not get adequate notice (explaining
how the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within 48 hours of
your filing this affidavit.
At the rehearing, your rights are the same as at the

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initial shelter care hearing. The enclosed notice explains
those rights.
At the Shelter Care Hearing, children have the
following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to
present testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings and
orders of the court.
(4) If the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor did not
have actual notice of or was not present at the shelter care
hearing, he or she may file an affidavit setting forth these
facts, and the clerk shall set the matter for rehearing not
later than 48 hours, excluding Sundays and legal holidays,
after the filing of the affidavit. At the rehearing, the court
shall proceed in the same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that the
minor taken into custody is a person described in subsection
(3) of Section 5-105 may the minor be kept or detained in a

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detention home or county or municipal jail. This Section shall
in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 years of age must be kept
separate from confined adults and may not at any time be kept
in the same cell, room, or yard with adults confined pursuant
to the criminal law.
(7) If the minor is not brought before a judicial officer
within the time period as specified in Section 2-9, the minor
must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian or custodian to appear. At the
same time the probation department shall prepare a report on
the minor. If a parent, guardian or custodian does not appear
at such rehearing, the judge may enter an order prescribing
that the minor be kept in a suitable place designated by the
Department of Children and Family Services or a licensed child
welfare agency.
(9) Notwithstanding any other provision of this Section any
interested party, including the State, the temporary
custodian, an agency providing services to the minor or family

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under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, on notice to all parties entitled to notice,
may file a motion that it is in the best interests of the minor
to modify or vacate a temporary custody order on any of the
following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed and the
child can be cared for at home without endangering the
child's health or safety; or
(c) A person not a party to the alleged abuse, neglect
or dependency, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children and
Family Services or a child welfare agency or other service
provider have been successful in eliminating the need for
temporary custody and the child can be cared for at home
without endangering the child's health or safety.
In ruling on the motion, the court shall determine whether
it is consistent with the health, safety and best interests of
the minor to modify or vacate a temporary custody order. If the
minor is being restored to the custody of a parent, legal
custodian, or guardian who lives outside of Illinois, and there

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is not an Interstate Compact in place, the court may order the
Department of Children and Family Services to arrange for an
assessment of the minor's proposed living arrangement and for
ongoing monitoring of the health, safety, and best interest of
the minor and compliance with any order of protective
supervision entered in accordance with Section 2-20 or 2-25.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of the
minor and his or her family.
(10) When the court finds or has found that there is
probable cause to believe a minor is an abused minor as
described in subsection (2) of Section 2-3 and that there is an
immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall be
presumed for any other minor residing in the same household as
the abused minor provided:
(a) Such other minor is the subject of an abuse or
neglect petition pending before the court; and
(b) A party to the petition is seeking shelter care for
such other minor.
Once the presumption of immediate and urgent necessity has
been raised, the burden of demonstrating the lack of immediate
and urgent necessity shall be on any party that is opposing

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shelter care for the other minor.
(11) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(12) After the court has placed a minor in the care of a
temporary custodian pursuant to this Section, any party may
file a motion requesting the court to grant the temporary
custodian the authority to serve as a surrogate decision maker
for the minor under the Health Care Surrogate Act for purposes
of making decisions pursuant to paragraph (1) of subsection (b)
of Section 20 of the Health Care Surrogate Act. The court may
grant the motion if it determines by clear and convincing
evidence that it is in the best interests of the minor to grant
the temporary custodian such authority. In making its
determination, the court shall weigh the following factors in
addition to considering the best interests factors listed in
subsection (4.05) of Section 1-3 of this Act:
(a) the efforts to identify and locate the respondents
and adult family members of the minor and the results of
those efforts;
(b) the efforts to engage the respondents and adult
family members of the minor in decision making on behalf of
the minor;
(c) the length of time the efforts in paragraphs (a)
and (b) have been ongoing;

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(d) the relationship between the respondents and adult
family members and the minor;
(e) medical testimony regarding the extent to which the
minor is suffering and the impact of a delay in
decision-making on the minor; and
(f) any other factor the court deems relevant.
If the Department of Children and Family Services is the
temporary custodian of the minor, in addition to the
requirements of paragraph (1) of subsection (b) of Section 20
of the Health Care Surrogate Act, the Department shall follow
its rules and procedures in exercising authority granted under
this subsection.
(Source: P.A. 99-625, eff. 1-1-17; 99-642, eff. 7-28-16;
100-159, eff. 8-18-17; 100-863, eff. 8-14-18; 100-959, eff.
1-1-19.)
(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
Sec. 2-23. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be
made in respect of wards of the court:
(a) A minor found to be neglected or abused under
Section 2-3 or dependent under Section 2-4 may be (1)
continued in the custody of his or her parents, guardian or
legal custodian; (2) placed in accordance with Section
2-27; (3) restored to the custody of the parent, parents,
guardian, or legal custodian, provided the court shall

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order the parent, parents, guardian, or legal custodian to
cooperate with the Department of Children and Family
Services and comply with the terms of an after-care plan or
risk the loss of custody of the child and the possible
termination of their parental rights; or (4) ordered
partially or completely emancipated in accordance with the
provisions of the Emancipation of Minors Act.
If the minor is being restored to the custody of a
parent, legal custodian, or guardian who lives outside of
Illinois, and there is not an Interstate Compact in place,
the court may order the Department of Children and Family
Services to arrange for an assessment of the minor's
proposed living arrangement and for ongoing monitoring of
the health, safety, and best interest of the minor and
compliance with any order of protective supervision
entered in accordance with Section 2-24.
However, in any case in which a minor is found by the
court to be neglected or abused under Section 2-3 of this
Act, custody of the minor shall not be restored to any
parent, guardian or legal custodian whose acts or omissions
or both have been identified, pursuant to subsection (1) of
Section 2-21, as forming the basis for the court's finding
of abuse or neglect, until such time as a hearing is held
on the issue of the best interests of the minor and the
fitness of such parent, guardian or legal custodian to care
for the minor without endangering the minor's health or

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safety, and the court enters an order that such parent,
guardian or legal custodian is fit to care for the minor.
(b) A minor found to be dependent under Section 2-4 may
be (1) placed in accordance with Section 2-27 or (2)
ordered partially or completely emancipated in accordance
with the provisions of the Emancipation of Minors Act.
However, in any case in which a minor is found by the
court to be dependent under Section 2-4 of this Act,
custody of the minor shall not be restored to any parent,
guardian or legal custodian whose acts or omissions or both
have been identified, pursuant to subsection (1) of Section
2-21, as forming the basis for the court's finding of
dependency, until such time as a hearing is held on the
issue of the fitness of such parent, guardian or legal
custodian to care for the minor without endangering the
minor's health or safety, and the court enters an order
that such parent, guardian or legal custodian is fit to
care for the minor.
(b-1) A minor between the ages of 18 and 21 may be
placed pursuant to Section 2-27 of this Act if (1) the
court has granted a supplemental petition to reinstate
wardship of the minor pursuant to subsection (2) of Section
2-33, (2) the court has adjudicated the minor a ward of the
court, permitted the minor to return home under an order of
protection, and subsequently made a finding that it is in
the minor's best interest to vacate the order of protection

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and commit the minor to the Department of Children and
Family Services for care and service, or (3) the court
returned the minor to the custody of the respondent under
Section 2-4b of this Act without terminating the
proceedings under Section 2-31 of this Act, and
subsequently made a finding that it is in the minor's best
interest to commit the minor to the Department of Children
and Family Services for care and services.
(c) When the court awards guardianship to the
Department of Children and Family Services, the court shall
order the parents to cooperate with the Department of
Children and Family Services, comply with the terms of the
service plans, and correct the conditions that require the
child to be in care, or risk termination of their parental
rights.
(2) Any order of disposition may provide for protective
supervision under Section 2-24 and may include an order of
protection under Section 2-25.
Unless the order of disposition expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification, not inconsistent with Section
2-28, until final closing and discharge of the proceedings
under Section 2-31.
(3) The court also shall enter any other orders necessary
to fulfill the service plan, including, but not limited to, (i)
orders requiring parties to cooperate with services, (ii)

SB3533 - 22 - LRB101 20287 RLC 69829 b
restraining orders controlling the conduct of any party likely
to frustrate the achievement of the goal, and (iii) visiting
orders. When the child is placed separately from a sibling, the
court shall review the Sibling Contact Support Plan developed
under subsection (f) of Section 7.4 of the Children and Family
Services Act, if applicable. If the Department has not convened
a meeting to develop a Sibling Contact Support Plan, or if the
court finds that the existing Plan is not in the child's best
interest, the court may enter an order requiring the Department
to develop and implement a Sibling Contact Support Plan under
subsection (f) of Section 7.4 of the Children and Family
Services Act or order mediation. Unless otherwise specifically
authorized by law, the court is not empowered under this
subsection (3) to order specific placements, specific
services, or specific service providers to be included in the
plan. If, after receiving evidence, the court determines that
the services contained in the plan are not reasonably
calculated to facilitate achievement of the permanency goal,
the court shall put in writing the factual basis supporting the
determination and enter specific findings based on the
evidence. The court also shall enter an order for the
Department to develop and implement a new service plan or to
implement changes to the current service plan consistent with
the court's findings. The new service plan shall be filed with
the court and served on all parties within 45 days after the
date of the order. The court shall continue the matter until

SB3533 - 23 - LRB101 20287 RLC 69829 b
the new service plan is filed. Except as authorized by
subsection (3.5) of this Section or authorized by law, the
court is not empowered under this Section to order specific
placements, specific services, or specific service providers
to be included in the service plan.
(3.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate to
facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting its determination
and enter specific findings based on the evidence. If the court
finds that the minor's current or planned placement is not
necessary or appropriate, the court may enter an order
directing the Department to implement a recommendation by the
minor's treating clinician or a clinician contracted by the
Department to evaluate the minor or a recommendation made by
the Department. If the Department places a minor in a placement
under an order entered under this subsection (3.5), the
Department has the authority to remove the minor from that
placement when a change in circumstances necessitates the
removal to protect the minor's health, safety, and best
interest. If the Department determines removal is necessary,
the Department shall notify the parties of the planned
placement change in writing no later than 10 days prior to the
implementation of its determination unless remaining in the
placement poses an imminent risk of harm to the minor, in which

SB3533 - 24 - LRB101 20287 RLC 69829 b
case the Department shall notify the parties of the placement
change in writing immediately following the implementation of
its decision. The Department shall notify others of the
decision to change the minor's placement as required by
Department rule.
(4) In addition to any other order of disposition, the
court may order any minor adjudicated neglected with respect to
his or her own injurious behavior to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentence hearing" referred to therein shall be the
dispositional hearing for purposes of this Section. The parent,
guardian or legal custodian of the minor may pay some or all of
such restitution on the minor's behalf.
(5) Any order for disposition where the minor is committed
or placed in accordance with Section 2-27 shall provide for the
parents or guardian of the estate of such minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. Such
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the order of disposition requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual

SB3533 - 25 - LRB101 20287 RLC 69829 b
truant under Section 26-2a of the School Code.
(7) The court may terminate the parental rights of a parent
at the initial dispositional hearing if all of the conditions
in subsection (5) of Section 2-21 are met.
(Source: P.A. 100-45, eff. 8-11-17; 100-978, eff. 8-19-18;
101-79, eff. 7-12-19.)
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian
of the person appointed under this Act to report periodically
to the court or may cite him into court and require him or his
agency, to make a full and accurate report of his or its doings
in behalf of the minor. The custodian or guardian, within 10
days after such citation, or earlier if the court determines it
to be necessary to protect the health, safety, or welfare of
the minor, shall make the report, either in writing verified by
affidavit or orally under oath in open court, or otherwise as
the court directs. Upon the hearing of the report the court may
remove the custodian or guardian and appoint another in his
stead or restore the minor to the custody of his parents or
former guardian or custodian. However, custody of the minor
shall not be restored to any parent, guardian or legal
custodian in any case in which the minor is found to be
neglected or abused under Section 2-3 or dependent under
Section 2-4 of this Act, unless the minor can be cared for at

SB3533 - 26 - LRB101 20287 RLC 69829 b
home without endangering the minor's health or safety and it is
in the best interests of the minor, and if such neglect, abuse,
or dependency is found by the court under paragraph (1) of
Section 2-21 of this Act to have come about due to the acts or
omissions or both of such parent, guardian or legal custodian,
until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the fitness
of such parent, guardian or legal custodian to care for the
minor and the court enters an order that such parent, guardian
or legal custodian is fit to care for the minor.
(1.5) The public agency that is the custodian or guardian
of the minor shall file a written report with the court no
later than 15 days after a minor in the agency's care remains:
(1) in a shelter placement beyond 30 days;
(2) in a psychiatric hospital past the time when the
minor is clinically ready for discharge or beyond medical
necessity for the minor's health; or
(3) in a detention center or Department of Juvenile
Justice facility solely because the public agency cannot
find an appropriate placement for the minor.
The report shall explain the steps the agency is taking to
ensure the minor is placed appropriately, how the minor's needs
are being met in the minor's shelter placement, and if a future
placement has been identified by the Department, why the
anticipated placement is appropriate for the needs of the minor
and the anticipated placement date.

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(1.6) Within 35 days after placing a child in its care in a
qualified residential treatment program, as defined by the
federal Social Security Act, the Department of Children and
Family Services shall file a written report with the court and
send copies of the report to all parties. Within 20 days of the
filing of the report, the court shall hold a hearing to
consider the Department's report and determine whether
placement of the child in a qualified residential treatment
program provides the most effective and appropriate level of
care for the child in the least restrictive environment and if
the placement is consistent with the short-term and long-term
goals for the child, as specified in the permanency plan for
the child. The court shall approve or disapprove the placement.
If applicable, the requirements of Sections 2-27.1 and 2-27.2
must also be met. The Department's written report and the
court's written determination shall be included in and made
part of the case plan for the child. If the child remains
placed in a qualified residential treatment program, the
Department shall submit evidence at each status and permanency
hearing:
(1) demonstrating that on-going assessment of the
strengths and needs of the child continues to support the
determination that the child's needs cannot be met through
placement in a foster family home, that the placement
provides the most effective and appropriate level of care
for the child in the least restrictive, appropriate

SB3533 - 28 - LRB101 20287 RLC 69829 b
environment, and that the placement is consistent with the
short-term and long-term permanency goal for the child, as
specified in the permanency plan for the child;
(2) documenting the specific treatment or service
needs that should be met for the child in the placement and
the length of time the child is expected to need the
treatment or services; and
(3) the efforts made by the agency to prepare the child
to return home or to be placed with a fit and willing
relative, a legal guardian, or an adoptive parent, or in a
foster family home.
(2) The first permanency hearing shall be conducted by the
judge. Subsequent permanency hearings may be heard by a judge
or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act. The initial
hearing shall be held (a) within 12 months from the date
temporary custody was taken, regardless of whether an
adjudication or dispositional hearing has been completed
within that time frame, (b) if the parental rights of both
parents have been terminated in accordance with the procedure
described in subsection (5) of Section 2-21, within 30 days of
the order for termination of parental rights and appointment of
a guardian with power to consent to adoption, or (c) in
accordance with subsection (2) of Section 2-13.1. Subsequent
permanency hearings shall be held every 6 months or more
frequently if necessary in the court's determination following

SB3533 - 29 - LRB101 20287 RLC 69829 b
the initial permanency hearing, in accordance with the
standards set forth in this Section, until the court determines
that the plan and goal have been achieved. Once the plan and
goal have been achieved, if the minor remains in substitute
care, the case shall be reviewed at least every 6 months
thereafter, subject to the provisions of this Section, unless
the minor is placed in the guardianship of a suitable relative
or other person and the court determines that further
monitoring by the court does not further the health, safety or
best interest of the child and that this is a stable permanent
placement. The permanency hearings must occur within the time
frames set forth in this subsection and may not be delayed in
anticipation of a report from any source or due to the agency's
failure to timely file its written report (this written report
means the one required under the next paragraph and does not
mean the service plan also referred to in that paragraph).
The public agency that is the custodian or guardian of the
minor, or another agency responsible for the minor's care,
shall ensure that all parties to the permanency hearings are
provided a copy of the most recent service plan prepared within
the prior 6 months at least 14 days in advance of the hearing.
If not contained in the agency's service plan, the agency shall
also include a report setting forth (i) any special physical,
psychological, educational, medical, emotional, or other needs
of the minor or his or her family that are relevant to a
permanency or placement determination and (ii) for any minor

SB3533 - 30 - LRB101 20287 RLC 69829 b
age 16 or over, a written description of the programs and
services that will enable the minor to prepare for independent
living. If not contained in the agency's service plan, the
agency's report shall specify if a minor is placed in a
licensed child care facility under a corrective plan by the
Department due to concerns impacting the minor's safety and
well-being. The report shall explain the steps the Department
is taking to ensure the safety and well-being of the minor and
that the minor's needs are met in the facility. The agency's
written report must detail what progress or lack of progress
the parent has made in correcting the conditions requiring the
child to be in care; whether the child can be returned home
without jeopardizing the child's health, safety, and welfare,
and if not, what permanency goal is recommended to be in the
best interests of the child, and why the other permanency goals
are not appropriate. The caseworker must appear and testify at
the permanency hearing. If a permanency hearing has not
previously been scheduled by the court, the moving party shall
move for the setting of a permanency hearing and the entry of
an order within the time frames set forth in this subsection.
At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific date
within 5 months.
(B) The minor will be in short-term care with a

SB3533 - 31 - LRB101 20287 RLC 69829 b
continued goal to return home within a period not to exceed
one year, where the progress of the parent or parents is
substantial giving particular consideration to the age and
individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made reasonable
efforts or reasonable progress to date, the court shall
identify what actions the parent and the Department must
take in order to justify a finding of reasonable efforts or
reasonable progress and shall set a status hearing to be
held not earlier than 9 months from the date of
adjudication nor later than 11 months from the date of
adjudication during which the parent's progress will again
be reviewed.
(C) The minor will be in substitute care pending court
determination on termination of parental rights.
(D) Adoption, provided that parental rights have been
terminated or relinquished.
(E) The guardianship of the minor will be transferred
to an individual or couple on a permanent basis provided
that goals (A) through (D) have been ruled out.
(F) The minor over age 15 will be in substitute care
pending independence. In selecting this permanency goal,
the Department of Children and Family Services may provide
services to enable reunification and to strengthen the

SB3533 - 32 - LRB101 20287 RLC 69829 b
minor's connections with family, fictive kin, and other
responsible adults, provided the services are in the
minor's best interest. The services shall be documented in
the service plan.
(G) The minor will be in substitute care because he or
she cannot be provided for in a home environment due to
developmental disabilities or mental illness or because he
or she is a danger to self or others, provided that goals
(A) through (D) have been ruled out.
In selecting any permanency goal, the court shall indicate
in writing the reasons the goal was selected and why the
preceding goals were ruled out. Where the court has selected a
permanency goal other than (A), (B), or (B-1), the Department
of Children and Family Services shall not provide further
reunification services, except as provided in paragraph (F) of
this subsection (2), but shall provide services consistent with
the goal selected.
(H) Notwithstanding any other provision in this
Section, the court may select the goal of continuing foster
care as a permanency goal if:
(1) The Department of Children and Family Services
has custody and guardianship of the minor;
(2) The court has ruled out all other permanency
goals based on the child's best interest;
(3) The court has found compelling reasons, based
on written documentation reviewed by the court, to

SB3533 - 33 - LRB101 20287 RLC 69829 b
place the minor in continuing foster care. Compelling
reasons include:
(a) the child does not wish to be adopted or to
be placed in the guardianship of his or her
relative or foster care placement;
(b) the child exhibits an extreme level of need
such that the removal of the child from his or her
placement would be detrimental to the child; or
(c) the child who is the subject of the
permanency hearing has existing close and strong
bonds with a sibling, and achievement of another
permanency goal would substantially interfere with
the subject child's sibling relationship, taking
into consideration the nature and extent of the
relationship, and whether ongoing contact is in
the subject child's best interest, including
long-term emotional interest, as compared with the
legal and emotional benefit of permanence;
(4) The child has lived with the relative or foster
parent for at least one year; and
(5) The relative or foster parent currently caring
for the child is willing and capable of providing the
child with a stable and permanent environment.
The court shall set a permanency goal that is in the best
interest of the child. In determining that goal, the court
shall consult with the minor in an age-appropriate manner

SB3533 - 34 - LRB101 20287 RLC 69829 b
regarding the proposed permanency or transition plan for the
minor. The court's determination shall include the following
factors:
(1) Age of the child.
(2) Options available for permanence, including both
out-of-state and in-state placement options.
(3) Current placement of the child and the intent of
the family regarding adoption.
(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and whether or
not the services were successful and, if not successful,
the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal contained
in the service plan, (ii) the appropriateness of the services
contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by
all the parties to the service plan to achieve the goal, and
(iv) whether the plan and goal have been achieved. All evidence
relevant to determining these questions, including oral and
written reports, may be admitted and may be relied on to the
extent of their probative value.
The court shall make findings as to whether, in violation

SB3533 - 35 - LRB101 20287 RLC 69829 b
of Section 8.2 of the Abused and Neglected Child Reporting Act,
any portion of the service plan compels a child or parent to
engage in any activity or refrain from any activity that is not
reasonably related to remedying a condition or conditions that
gave rise or which could give rise to any finding of child
abuse or neglect. The services contained in the service plan
shall include services reasonably related to remedy the
conditions that gave rise to removal of the child from the home
of his or her parents, guardian, or legal custodian or that the
court has found must be remedied prior to returning the child
home. Any tasks the court requires of the parents, guardian, or
legal custodian or child prior to returning the child home,
must be reasonably related to remedying a condition or
conditions that gave rise to or which could give rise to any
finding of child abuse or neglect.
If the permanency goal is to return home, the court shall
make findings that identify any problems that are causing
continued placement of the children away from the home and
identify what outcomes would be considered a resolution to
these problems. The court shall explain to the parents that
these findings are based on the information that the court has
at that time and may be revised, should additional evidence be
presented to the court.
The court shall review the Sibling Contact Support Plan
developed or modified under subsection (f) of Section 7.4 of
the Children and Family Services Act, if applicable. If the

SB3533 - 36 - LRB101 20287 RLC 69829 b
Department has not convened a meeting to develop or modify a
Sibling Contact Support Plan, or if the court finds that the
existing Plan is not in the child's best interest, the court
may enter an order requiring the Department to develop, modify
or implement a Sibling Contact Support Plan, or order
mediation.
If the goal has been achieved, the court shall enter orders
that are necessary to conform the minor's legal custody and
status to those findings.
If, after receiving evidence, the court determines that the
services contained in the plan are not reasonably calculated to
facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting the determination
and enter specific findings based on the evidence. The court
also shall enter an order for the Department to develop and
implement a new service plan or to implement changes to the
current service plan consistent with the court's findings. The
new service plan shall be filed with the court and served on
all parties within 45 days of the date of the order. The court
shall continue the matter until the new service plan is filed.
Except as authorized by subsection (2.5) of this Section and as
otherwise specifically authorized by law, the court is not
empowered under this Section to order specific placements,
specific services, or specific service providers to be included
in the service plan.
A guardian or custodian appointed by the court pursuant to

SB3533 - 37 - LRB101 20287 RLC 69829 b
this Act shall file updated case plans with the court every 6
months.
Rights of wards of the court under this Act are enforceable
against any public agency by complaints for relief by mandamus
filed in any proceedings brought under this Act.
(2.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate to
facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting its determination
and enter specific findings based on the evidence. If the court
finds that the minor's current or planned placement is not
necessary or appropriate, the court may enter an order
directing the Department to implement a recommendation by the
minor's treating clinician or a clinician contracted by the
Department to evaluate the minor or a recommendation made by
the Department. If the Department places a minor in a placement
under an order entered under this subsection (2.5), the
Department has the authority to remove the minor from that
placement when a change in circumstances necessitates the
removal to protect the minor's health, safety, and best
interest. If the Department determines removal is necessary,
the Department shall notify the parties of the planned
placement change in writing no later than 10 days prior to the
implementation of its determination unless remaining in the
placement poses an imminent risk of harm to the minor, in which

SB3533 - 38 - LRB101 20287 RLC 69829 b
case the Department shall notify the parties of the placement
change in writing immediately following the implementation of
its decision. The Department shall notify others of the
decision to change the minor's placement as required by
Department rule.
(3) Following the permanency hearing, the court shall enter
a written order that includes the determinations required under
subsection (2) of this Section and sets forth the following:
(a) The future status of the minor, including the
permanency goal, and any order necessary to conform the
minor's legal custody and status to such determination; or
(b) If the permanency goal of the minor cannot be
achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short term placement,
and the following determinations:
(i) (Blank).
(ii) Whether the services required by the court and
by any service plan prepared within the prior 6 months
have been provided and (A) if so, whether the services
were reasonably calculated to facilitate the
achievement of the permanency goal or (B) if not
provided, why the services were not provided.
(iii) Whether the minor's current or planned
placement is necessary, and appropriate to the plan and
goal, recognizing the right of minors to the least

SB3533 - 39 - LRB101 20287 RLC 69829 b
restrictive (most family-like) setting available and
in close proximity to the parents' home consistent with
the health, safety, best interest and special needs of
the minor and, if the minor is placed out-of-state,
whether the out-of-state placement continues to be
appropriate and consistent with the health, safety,
and best interest of the minor.
(iv) (Blank).
(v) (Blank).
(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for
the restoration of the minor to the custody of his parents or
former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current foster
parent or relative caregiver seeking private guardianship
may file a motion for private guardianship of the minor.
Appointment of a guardian under this Section requires
approval of the court.
(b) The State's Attorney may file a motion to terminate
parental rights of any parent who has failed to make
reasonable efforts to correct the conditions which led to
the removal of the child or reasonable progress toward the
return of the child, as defined in subdivision (D)(m) of
Section 1 of the Adoption Act or for whom any other

SB3533 - 40 - LRB101 20287 RLC 69829 b
unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption Act
exists.
When parental rights have been terminated for a minimum
of 3 years and the child who is the subject of the
permanency hearing is 13 years old or older and is not
currently placed in a placement likely to achieve
permanency, the Department of Children and Family Services
shall make reasonable efforts to locate parents whose
rights have been terminated, except when the Court
determines that those efforts would be futile or
inconsistent with the subject child's best interests. The
Department of Children and Family Services shall assess the
appropriateness of the parent whose rights have been
terminated, and shall, as appropriate, foster and support
connections between the parent whose rights have been
terminated and the youth. The Department of Children and
Family Services shall document its determinations and
efforts to foster connections in the child's case plan.
Custody of the minor shall not be restored to any parent,
guardian or legal custodian in any case in which the minor is
found to be neglected or abused under Section 2-3 or dependent
under Section 2-4 of this Act, unless the minor can be cared
for at home without endangering his or her health or safety and
it is in the best interest of the minor, and if such neglect,
abuse, or dependency is found by the court under paragraph (1)

SB3533 - 41 - LRB101 20287 RLC 69829 b
of Section 2-21 of this Act to have come about due to the acts
or omissions or both of such parent, guardian or legal
custodian, until such time as an investigation is made as
provided in paragraph (5) and a hearing is held on the issue of
the health, safety and best interest of the minor and the
fitness of such parent, guardian or legal custodian to care for
the minor and the court enters an order that such parent,
guardian or legal custodian is fit to care for the minor. If a
motion is filed to modify or vacate a private guardianship
order and return the child to a parent, guardian, or legal
custodian, the court may order the Department of Children and
Family Services to assess the minor's current and proposed
living arrangements and to provide ongoing monitoring of the
health, safety, and best interest of the minor during the
pendency of the motion to assist the court in making that
determination. In the event that the minor has attained 18
years of age and the guardian or custodian petitions the court
for an order terminating his guardianship or custody,
guardianship or custody shall terminate automatically 30 days
after the receipt of the petition unless the court orders
otherwise. No legal custodian or guardian of the person may be
removed without his consent until given notice and an
opportunity to be heard by the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and Family

SB3533 - 42 - LRB101 20287 RLC 69829 b
Services and comply with the terms of an after-care plan, or
risk the loss of custody of the child and possible termination
of their parental rights. The court may also enter an order of
protective supervision in accordance with Section 2-24.
If the minor is being restored to the custody of a parent,
legal custodian, or guardian who lives outside of Illinois, and
there is not an Interstate Compact in place, the court may
order the Department of Children and Family Services to arrange
for an assessment of the minor's proposed living arrangement
and for ongoing monitoring of the health, safety, and best
interest of the minor and compliance with any order of
protective supervision entered in accordance with Section
2-24.
(5) Whenever a parent, guardian, or legal custodian files a
motion for restoration of custody of the minor, and the minor
was adjudicated neglected, abused, or dependent as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate
the likelihood of any further physical abuse to the minor.
Evidence of such criminal convictions shall be taken into
account in determining whether the minor can be cared for at
home without endangering his or her health or safety and
fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision thereof
shall co-operate with the agent of the court in providing

SB3533 - 43 - LRB101 20287 RLC 69829 b
any information sought in the investigation.
(b) The information derived from the investigation and
any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to the
hearing on fitness and the movant shall have an opportunity
at the hearing to refute the information or contest its
significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 5-150 of this
Act.
(Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17;
100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff.
8-19-18; 101-63, eff. 10-1-19.)
(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;

SB3533 - 44 - LRB101 20287 RLC 69829 b
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
(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

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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.
(3.5) Whenever a petition is filed to reinstate wardship
pursuant to subsection (1), prior to granting the petition, the
court may order the Department of Children and Family Services
to assess the minor's current and proposed living arrangements
and to provide ongoing monitoring of the health, safety, and
best interest of the minor during the pendency of the petition
to assist the court in making that determination.
(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:
(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

SB3533 - 46 - LRB101 20287 RLC 69829 b
(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. 101-78, eff. 7-12-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.