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| Public Act 094-0271 |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Section 1-5 as follows:
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(705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
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Sec. 1-5. Rights of parties to proceedings.
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(1) Except as provided in this Section and paragraph (2) of | ||||
Sections
2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is the | ||||
subject of the
proceeding
and his parents, guardian, legal | ||||
custodian or responsible relative who are
parties respondent | ||||
have the right to be present, to be heard, to present
evidence | ||||
material to the proceedings, to cross-examine witnesses, to
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examine pertinent court files and records and also, although | ||||
proceedings
under this Act are not intended to be adversary in | ||||
character, the right to
be represented by counsel. At the | ||||
request of any party financially unable
to employ counsel, with | ||||
the exception of a foster parent permitted to
intervene under | ||||
this Section, the court shall appoint the Public Defender or
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such other counsel as the case may require.
Counsel appointed | ||||
for the minor and any indigent party shall appear at all
stages | ||||
of the trial court proceeding, and such appointment shall | ||||
continue
through the permanency hearings and
termination of | ||||
parental rights proceedings subject to withdrawal or
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substitution pursuant to Supreme Court Rules or the Code of | ||||
Civil Procedure.
Following the dispositional hearing, the | ||||
court may require appointed counsel,
other than counsel for the | ||||
minor or counsel for the guardian ad litem,
to withdraw his or | ||||
her appearance upon failure of the party for whom counsel
was | ||||
appointed under this Section to attend any subsequent | ||||
proceedings.
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No hearing on any petition or motion filed under this Act | ||||
may be
commenced unless
the minor who is the subject of the | ||
proceeding is represented by counsel.
Notwithstanding the | ||
preceding sentence, if a guardian ad litem has been
appointed | ||
for the minor under Section 2-17 of this
Act and the guardian | ||
ad litem is a licensed attorney at law of this State, or
in the | ||
event that a court appointed special advocate has been | ||
appointed as
guardian ad litem and counsel has been appointed | ||
to represent the court
appointed special advocate, the
court | ||
may not require the appointment of counsel to represent the
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minor unless the court finds that the minor's interests are in | ||
conflict with
what the guardian ad litem determines to be in | ||
the best interest of the
minor. Each
adult respondent shall be | ||
furnished a written "Notice of Rights" at
or before the first | ||
hearing at which he or she appears.
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(1.5) The Department shall maintain
a system of response to | ||
inquiry made by parents or putative
parents as to whether their | ||
child is under the custody or guardianship of the
Department; | ||
and if so, the Department shall direct the parents or putative
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parents to the appropriate court of jurisdiction, including | ||
where inquiry may
be made of the clerk of the court regarding | ||
the case number and the next
scheduled court date of the | ||
minor's case.
Effective notice and the means of accessing | ||
information shall be given to the
public on a continuing basis
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by the
Department.
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(2) (a) Though not appointed guardian or legal custodian or | ||
otherwise made
a party to the proceeding, any current or | ||
previously appointed foster parent
or relative caregiver, or | ||
representative of an agency or association
interested in the | ||
minor has
the right to be heard by the court, but does not | ||
thereby become a party
to the proceeding.
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In addition to the foregoing right to be heard by the | ||
court, any current
foster parent or relative caregiver of a | ||
minor and the agency designated
by the court or the
Department | ||
of Children and Family Services as custodian of the minor who
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is alleged to be or has been adjudicated an abused or neglected | ||
minor under
Section 2-3 or a
dependent minor under Section 2-4 | ||
of this Act has the right to and shall be
given adequate notice | ||
at all stages of any hearing or proceeding under this
Act.
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Any foster parent or relative caregiver who is denied his | ||
or her
right to be heard under this
Section may bring a | ||
mandamus action under Article XIV of the Code of Civil
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Procedure against the court or any public agency to enforce | ||
that right. The
mandamus action may be brought immediately upon | ||
the denial of those rights but
in no event later than 30 days | ||
after the foster parent has been denied the
right to be heard.
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(b) If after an adjudication that a minor is abused or | ||
neglected as provided
under Section 2-21 of this Act and a | ||
motion has been
made to restore the
minor to any parent, | ||
guardian, or legal custodian found by the court to have
caused | ||
the neglect or to have inflicted the abuse on the minor, a | ||
foster parent
may file a motion to intervene in the proceeding | ||
for
the sole purpose of
requesting that the minor be placed | ||
with the foster parent, provided that the
foster parent (i) is | ||
the current foster parent of the minor or (ii) has
previously | ||
been a foster parent for the minor for one year or more, has a
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foster care license or is eligible for a license, and is not | ||
the subject of any
findings of abuse or neglect of any child. | ||
The juvenile court may only enter
orders placing a minor with a | ||
specific foster parent under this subsection
(2)(b) and nothing | ||
in this Section shall be construed to confer any
jurisdiction | ||
or authority on the juvenile court to issue any other orders
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requiring the appointed guardian or custodian of a minor to | ||
place the minor in
a designated foster home or facility. This | ||
Section is not intended to
encompass any matters that are | ||
within the
scope or determinable under the administrative and | ||
appeal process established
by rules of the Department of | ||
Children and Family Services under Section
5(o) of the Children | ||
and Family Services Act. Nothing in this Section shall
relieve | ||
the court of its responsibility, under Section 2-14(a) of
this | ||
Act to act in a just and speedy manner to reunify families | ||
where it is
the best interests of the minor and the child can | ||
be cared for at home
without endangering the child's health or | ||
safety and, if reunification is not
in the best
interests of | ||
the minor, to find another permanent home for the minor. | ||
Nothing
in this Section, or in any order issued by the court | ||
with respect to the
placement of a minor with a foster parent, | ||
shall impair the ability of the
Department of Children and | ||
Family Services, or anyone else authorized under
Section 5 of | ||
the Abused and Neglected Child Reporting Act, to remove a minor
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from the home of a foster parent if the Department of Children | ||
and Family
Services or the person removing the minor has reason | ||
to believe that the
circumstances or conditions of the minor | ||
are such that continuing in the
residence or care of the foster | ||
parent will jeopardize the child's health and
safety or present | ||
an imminent risk of harm to that
minor's life.
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(c) If a foster parent has had the minor who is the subject | ||
of the
proceeding under Article II in his or her home for more | ||
than one year on or
after July 3, 1994 and if the minor's
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placement is being terminated from that foster parent's home, | ||
that foster
parent shall have standing and intervenor status | ||
except in those
circumstances where the Department of Children | ||
and Family Services or anyone
else authorized under Section 5 | ||
of the Abused and Neglected Child Reporting Act
has removed the | ||
minor from the foster parent because of a reasonable belief
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that the circumstances or conditions of the minor are such that | ||
continuing in
the residence or care of the foster parent will | ||
jeopardize the child's health
or safety or presents an imminent | ||
risk of harm to
the minor's life.
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(d) The court may grant standing to any foster parent
if | ||
the court finds that it is in the best interest of the child | ||
for the foster
parent to have standing and intervenor status.
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(3) Parties respondent are entitled to notice in compliance | ||
with Sections
2-15 and 2-16, 3-17 and 3-18, 4-14 and 4-15 or | ||
5-525 and 5-530, as appropriate.
At the first appearance before | ||
the court by the minor, his
parents, guardian, custodian or | ||
responsible relative, the court shall explain
the nature of the | ||
proceedings and inform the parties of their rights under the
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first 2 paragraphs of this Section.
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If the child is alleged to be abused, neglected or | ||
dependent, the court
shall
admonish the parents that if the | ||
court declares the child to be a ward of the
court and
awards | ||
custody or guardianship to the Department of Children and | ||
Family
Services, the parents must 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.
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Upon an adjudication of wardship of
the court under | ||
Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform
the | ||
parties of their right to appeal therefrom as well as from any | ||
other
final judgment of the court.
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When the court finds that a child is an abused, neglected, | ||
or dependent
minor under
Section 2-21, the court shall admonish | ||
the parents that the parents must
cooperate with
the Department | ||
of Children and Family Services, comply with the terms of the
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service plans, and correct the conditions that require the | ||
child to be in care,
or risk termination of
their parental
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rights.
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When the court declares a child to be a ward of the court | ||
and awards
guardianship to the Department of Children and | ||
Family Services under Section
2-22, 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 that require
the child to be in | ||
care, or risk termination of their parental
rights.
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(4) No sanction may be applied against the minor who is the | ||
subject of
the proceedings by reason of his refusal or failure | ||
to testify in the course
of any hearing held prior to final | ||
adjudication under Section 2-22, 3-23, 4-20
or 5-705.
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(5) In the discretion of the court, the minor may be | ||
excluded from any
part or parts of a dispositional hearing and, | ||
with the consent of the parent
or parents, guardian, counsel or | ||
a guardian ad litem, from any part or parts
of an adjudicatory | ||
hearing.
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(6) The general public except for the news media and the | ||
crime victim, as defined in Section 3 of the Rights of Crime | ||
Victims and Witnesses Act, shall be
excluded from any hearing | ||
and, except for the persons specified in this
Section only | ||
persons, including representatives of agencies and
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associations, who in the opinion of the court have a direct | ||
interest in the
case or in the work of the court shall be | ||
admitted to the hearing. However,
the court may, for the | ||
minor's safety and protection and for good cause
shown,
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prohibit any person or agency present in court from further | ||
disclosing the
minor's identity.
Nothing in this subsection (6) | ||
prevents the court from allowing other
juveniles to be present | ||
or to participate in a court session being held
under the | ||
Juvenile Drug Court Treatment Act.
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(7) A party shall not be entitled to exercise the right to | ||
a substitution
of a judge without cause under subdivision | ||
(a)(2) of Section 2-1001 of the Code
of Civil Procedure in a | ||
proceeding under this Act if the judge is currently
assigned to | ||
a proceeding involving the alleged abuse, neglect, or | ||
dependency of
the minor's sibling or half sibling and that | ||
judge has made a substantive
ruling in the proceeding involving | ||
the minor's sibling or half sibling.
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(Source: P.A. 92-559, eff. 1-1-03; 93-539, eff. 8-18-03.)
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Section 10. The Rights of Crime Victims and Witnesses Act | ||
is amended by changing Section 3 as follows:
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(725 ILCS 120/3) (from Ch. 38, par. 1403)
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Sec. 3. The terms used in this Act, unless the context | ||
clearly
requires otherwise, shall have the following meanings:
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(a) "Crime victim" means (1) a person physically injured in | ||
this State as a
result of a violent crime perpetrated or | ||
attempted against that person or (2) a
person who suffers | ||
injury to or loss of property as a result of a violent crime
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perpetrated or attempted against that person or (3) a single | ||
representative who
may be the spouse, parent, child or sibling | ||
of a person killed as a result of a
violent crime perpetrated | ||
against the person killed or the spouse, parent,
child or | ||
sibling of any person granted rights under this Act who is | ||
physically
or mentally incapable of exercising such rights, | ||
except where the spouse,
parent, child or sibling is also the | ||
defendant or prisoner or (4) any person
against whom a violent | ||
crime has been committed or (5) any person
who has suffered | ||
personal injury as a result of a violation of Section 11-501
of | ||
the Illinois Vehicle Code, or of a similar provision of a local | ||
ordinance,
or of Section 9-3 of the Criminal Code of 1961, as | ||
amended or (6) in proceedings under the Juvenile Court Act of | ||
1987, both parents of a deceased minor who is a crime victim;
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(b) "Witness" means any person who personally observed the | ||
commission of
a violent crime and who will testify on behalf of | ||
the State of Illinois in
the criminal prosecution of the | ||
violent crime;
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(c) "Violent Crime" means any felony in which force or | ||
threat of force was
used against the victim, or any offense | ||
involving sexual exploitation, sexual
conduct or sexual | ||
penetration, domestic battery, violation of an order of
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protection, stalking, or any misdemeanor which results in death | ||
or great bodily
harm to the victim or any violation of Section | ||
9-3 of the Criminal Code of
1961, or Section 11-501 of the | ||
Illinois Vehicle
Code, or a similar provision of a local | ||
ordinance, if the violation resulted
in personal injury or | ||
death, and includes any action committed by a juvenile
that | ||
would be a violent crime if committed by an adult. For the | ||
purposes of
this paragraph, "personal injury" shall include any | ||
Type A injury as indicated
on the traffic accident report | ||
completed by a law enforcement officer that
requires immediate | ||
professional attention in either a doctor's office or
medical | ||
facility. A type A injury shall include severely bleeding | ||
wounds,
distorted extremities, and injuries that require the | ||
injured party to be
carried from the scene;
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(d) "Sentencing Hearing" means any hearing where a sentence | ||
is imposed
by the court on a convicted defendant and includes | ||
hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | ||
and 5-7-7 of the Unified Code of
Corrections except those cases | ||
in which both parties have agreed to the
imposition of a | ||
specific sentence.
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(e) "Court proceedings" includes the preliminary hearing, | ||
any hearing the
effect of which may be the release of the | ||
defendant from custody or to alter
the conditions of bond, the | ||
trial, sentencing hearing, notice of appeal, any
modification | ||
of sentence, probation revocation hearings or parole hearings.
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(Source: P.A. 88-316; 88-489; 88-670, eff. 12-2-94.)
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