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| Public Act 095-0010 |
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AN ACT concerning children.
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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 2. The Children and Family Services Act is amended | ||||
by changing Section 5 as follows:
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(20 ILCS 505/5) (from Ch. 23, par. 5005)
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Sec. 5. Direct child welfare services; Department of | ||||
Children and Family
Services. To provide direct child welfare | ||||
services when not available
through other public or private | ||||
child care or program facilities.
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(a) For purposes of this Section:
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(1) "Children" means persons found within the State who | ||||
are under the
age of 18 years. The term also includes | ||||
persons under age 19 who:
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(A) were committed to the Department pursuant to | ||||
the
Juvenile Court Act or the Juvenile Court Act of | ||||
1987, as amended, prior to
the age of 18 and who | ||||
continue under the jurisdiction of the court; or
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(B) were accepted for care, service and training by
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the Department prior to the age of 18 and whose best | ||||
interest in the
discretion of the Department would be | ||||
served by continuing that care,
service and training | ||||
because of severe emotional disturbances, physical
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disability, social adjustment or any combination | ||
thereof, or because of the
need to complete an | ||
educational or vocational training program.
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(2) "Homeless youth" means persons found within the
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State who are under the age of 19, are not in a safe and | ||
stable living
situation and cannot be reunited with their | ||
families.
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(3) "Child welfare services" means public social | ||
services which are
directed toward the accomplishment of | ||
the following purposes:
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(A) protecting and promoting the health, safety | ||
and welfare of
children,
including homeless, dependent | ||
or neglected children;
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(B) remedying, or assisting in the solution
of | ||
problems which may result in, the neglect, abuse, | ||
exploitation or
delinquency of children;
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(C) preventing the unnecessary separation of | ||
children
from their families by identifying family | ||
problems, assisting families in
resolving their | ||
problems, and preventing the breakup of the family
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where the prevention of child removal is desirable and | ||
possible when the
child can be cared for at home | ||
without endangering the child's health and
safety;
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(D) restoring to their families children who have | ||
been
removed, by the provision of services to the child | ||
and the families when the
child can be cared for at | ||
home without endangering the child's health and
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safety;
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(E) placing children in suitable adoptive homes, | ||
in
cases where restoration to the biological family is | ||
not safe, possible or
appropriate;
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(F) assuring safe and adequate care of children | ||
away from their
homes, in cases where the child cannot | ||
be returned home or cannot be placed
for adoption. At | ||
the time of placement, the Department shall consider
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concurrent planning,
as described in subsection (l-1) | ||
of this Section so that permanency may
occur at the | ||
earliest opportunity. Consideration should be given so | ||
that if
reunification fails or is delayed, the | ||
placement made is the best available
placement to | ||
provide permanency for the child;
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(G) (blank);
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(H) (blank); and
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(I) placing and maintaining children in facilities | ||
that provide
separate living quarters for children | ||
under the age of 18 and for children
18 years of age | ||
and older, unless a child 18 years of age is in the | ||
last
year of high school education or vocational | ||
training, in an approved
individual or group treatment | ||
program, in a licensed shelter facility,
or secure | ||
child care facility.
The Department is not required to | ||
place or maintain children:
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(i) who are in a foster home, or
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(ii) who are persons with a developmental | ||
disability, as defined in
the Mental
Health and | ||
Developmental Disabilities Code, or
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(iii) who are female children who are | ||
pregnant, pregnant and
parenting or parenting, or
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(iv) who are siblings, in facilities that | ||
provide separate living quarters for children 18
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years of age and older and for children under 18 | ||
years of age.
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(b) Nothing in this Section shall be construed to authorize | ||
the
expenditure of public funds for the purpose of performing | ||
abortions.
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(c) The Department shall establish and maintain | ||
tax-supported child
welfare services and extend and seek to | ||
improve voluntary services
throughout the State, to the end | ||
that services and care shall be available
on an equal basis | ||
throughout the State to children requiring such services.
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(d) The Director may authorize advance disbursements for | ||
any new program
initiative to any agency contracting with the | ||
Department. As a
prerequisite for an advance disbursement, the | ||
contractor must post a
surety bond in the amount of the advance | ||
disbursement and have a
purchase of service contract approved | ||
by the Department. The Department
may pay up to 2 months | ||
operational expenses in advance. The amount of the
advance | ||
disbursement shall be prorated over the life of the contract
or | ||
the remaining months of the fiscal year, whichever is less, and | ||
the
installment amount shall then be deducted from future | ||
bills. Advance
disbursement authorizations for new initiatives | ||
shall not be made to any
agency after that agency has operated | ||
during 2 consecutive fiscal years.
The requirements of this | ||
Section concerning advance disbursements shall
not apply with | ||
respect to the following: payments to local public agencies
for | ||
child day care services as authorized by Section 5a of this | ||
Act; and
youth service programs receiving grant funds under | ||
Section 17a-4.
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(e) (Blank).
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(f) (Blank).
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(g) The Department shall establish rules and regulations | ||
concerning
its operation of programs designed to meet the goals | ||
of child safety and
protection,
family preservation, family | ||
reunification, and adoption, including but not
limited to:
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(1) adoption;
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(2) foster care;
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(3) family counseling;
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(4) protective services;
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(5) (blank);
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(6) homemaker service;
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(7) return of runaway children;
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(8) (blank);
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(9) placement under Section 5-7 of the Juvenile Court | ||
Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | ||
Court Act of 1987 in
accordance with the federal Adoption | ||
Assistance and Child Welfare Act of
1980; and
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(10) interstate services.
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Rules and regulations established by the Department shall | ||
include
provisions for training Department staff and the staff | ||
of Department
grantees, through contracts with other agencies | ||
or resources, in alcohol
and drug abuse screening techniques | ||
approved by the Department of Human
Services, as a successor to | ||
the Department of Alcoholism and Substance Abuse,
for the | ||
purpose of identifying children and adults who
should be | ||
referred to an alcohol and drug abuse treatment program for
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professional evaluation.
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(h) If the Department finds that there is no appropriate | ||
program or
facility within or available to the Department for a | ||
ward and that no
licensed private facility has an adequate and | ||
appropriate program or none
agrees to accept the ward, the | ||
Department shall create an appropriate
individualized, | ||
program-oriented plan for such ward. The
plan may be developed | ||
within the Department or through purchase of services
by the | ||
Department to the extent that it is within its statutory | ||
authority
to do.
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(i) Service programs shall be available throughout the | ||
State and shall
include but not be limited to the following | ||
services:
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(1) case management;
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(2) homemakers;
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(3) counseling;
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(4) parent education;
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(5) day care; and
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(6) emergency assistance and advocacy.
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In addition, the following services may be made available | ||
to assess and
meet the needs of children and families:
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(1) comprehensive family-based services;
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(2) assessments;
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(3) respite care; and
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(4) in-home health services.
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The Department shall provide transportation for any of the | ||
services it
makes available to children or families or for | ||
which it refers children
or families.
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(j) The Department may provide categories of financial | ||
assistance and
education assistance grants, and shall
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establish rules and regulations concerning the assistance and | ||
grants, to
persons who
adopt physically or mentally | ||
handicapped, older and other hard-to-place
children who (i) | ||
immediately prior to their adoption were legal wards of
the | ||
Department
or (ii) were determined eligible for financial | ||
assistance with respect to a
prior adoption and who become | ||
available for adoption because the
prior adoption has been | ||
dissolved and the parental rights of the adoptive
parents have | ||
been
terminated or because the child's adoptive parents have | ||
died.
The Department may, subject to federal financial | ||
participation in the cost, continue to provide financial | ||
assistance and education assistance grants for a child who was | ||
determined eligible for financial assistance under this | ||
subsection (j) in the interim period beginning when the child's | ||
adoptive parents died and ending with the finalization of the | ||
new adoption of the child by another adoptive parent or | ||
parents. The Department may also provide categories of | ||
financial
assistance and education assistance grants, and
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shall establish rules and regulations for the assistance and | ||
grants, to persons
appointed guardian of the person under | ||
Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||
4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||
who were wards of the Department for 12 months immediately
| ||
prior to the appointment of the guardian.
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The amount of assistance may vary, depending upon the needs | ||
of the child
and the adoptive parents,
as set forth in the | ||
annual
assistance agreement. Special purpose grants are | ||
allowed where the child
requires special service but such costs | ||
may not exceed the amounts
which similar services would cost | ||
the Department if it were to provide or
secure them as guardian | ||
of the child.
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Any financial assistance provided under this subsection is
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inalienable by assignment, sale, execution, attachment, | ||
garnishment, or any
other remedy for recovery or collection of | ||
a judgment or debt.
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(j-5) The Department shall not deny or delay the placement | ||
of a child for
adoption
if an approved family is available | ||
either outside of the Department region
handling the case,
or | ||
outside of the State of Illinois.
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(k) The Department shall accept for care and training any | ||
child who has
been adjudicated neglected or abused, or | ||
dependent committed to it pursuant
to the Juvenile Court Act or | ||
the Juvenile Court Act of 1987.
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(l) Before July 1, 2000, the Department may provide, and | ||
beginning
July 1, 2000, the Department shall
offer family | ||
preservation services, as defined in Section 8.2 of the Abused
| ||
and
Neglected Child
Reporting Act, to help families, including | ||
adoptive and extended families.
Family preservation
services | ||
shall be offered (i) to prevent the
placement
of children in
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substitute care when the children can be cared for at home or | ||
in the custody of
the person
responsible for the children's | ||
welfare,
(ii) to
reunite children with their families, or (iii) | ||
to
maintain an adoptive placement. Family preservation | ||
services shall only be
offered when doing so will not endanger | ||
the children's health or safety. With
respect to children who | ||
are in substitute care pursuant to the Juvenile Court
Act of | ||
1987, family preservation services shall not be offered if a | ||
goal other
than those of subdivisions (A), (B), or (B-1) of | ||
subsection (2) of Section 2-28
of
that Act has been set.
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Nothing in this paragraph shall be construed to create a | ||
private right of
action or claim on the part of any individual | ||
or child welfare agency.
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The Department shall notify the child and his family of the
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Department's
responsibility to offer and provide family | ||
preservation services as
identified in the service plan. The | ||
child and his family shall be eligible
for services as soon as | ||
the report is determined to be "indicated". The
Department may | ||
offer services to any child or family with respect to whom a
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report of suspected child abuse or neglect has been filed, | ||
prior to
concluding its investigation under Section 7.12 of the | ||
Abused and Neglected
Child Reporting Act. However, the child's | ||
or family's willingness to
accept services shall not be | ||
considered in the investigation. The
Department may also | ||
provide services to any child or family who is the
subject of | ||
any report of suspected child abuse or neglect or may refer | ||
such
child or family to services available from other agencies | ||
in the community,
even if the report is determined to be | ||
unfounded, if the conditions in the
child's or family's home | ||
are reasonably likely to subject the child or
family to future | ||
reports of suspected child abuse or neglect. Acceptance
of such | ||
services shall be voluntary.
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The Department may, at its discretion except for those | ||
children also
adjudicated neglected or dependent, accept for | ||
care and training any child
who has been adjudicated addicted, | ||
as a truant minor in need of
supervision or as a minor | ||
requiring authoritative intervention, under the
Juvenile Court | ||
Act or the Juvenile Court Act of 1987, but no such child
shall | ||
be committed to the Department by any court without the | ||
approval of
the Department. A minor charged with a criminal | ||
offense under the Criminal
Code of 1961 or adjudicated | ||
delinquent shall not be placed in the custody of or
committed | ||
to the Department by any court, except a minor less than 13 | ||
years
of age committed to the Department under Section 5-710 of | ||
the Juvenile Court
Act
of 1987.
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(l-1) The legislature recognizes that the best interests of | ||
the child
require that
the child be placed in the most | ||
permanent living arrangement as soon as is
practically
| ||
possible. To achieve this goal, the legislature directs the | ||
Department of
Children and
Family Services to conduct | ||
concurrent planning so that permanency may occur at
the
| ||
earliest opportunity. Permanent living arrangements may | ||
include prevention of
placement of a child outside the home of | ||
the family when the child can be cared
for at
home without | ||
endangering the child's health or safety; reunification with | ||
the
family,
when safe and appropriate, if temporary placement | ||
is necessary; or movement of
the child
toward the most | ||
permanent living arrangement and permanent legal status.
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When determining reasonable efforts to be made with respect | ||
to a child, as
described in this
subsection, and in making such | ||
reasonable efforts, the child's health and
safety shall be the
| ||
paramount concern.
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When a child is placed in foster care, the Department shall | ||
ensure and
document that reasonable efforts were made to | ||
prevent or eliminate the need to
remove the child from the | ||
child's home. The Department must make
reasonable efforts to | ||
reunify the family when temporary placement of the child
occurs
| ||
unless otherwise required, pursuant to the Juvenile Court Act | ||
of 1987.
At any time after the dispositional hearing where the | ||
Department believes
that further reunification services would | ||
be ineffective, it may request a
finding from the court that | ||
reasonable efforts are no longer appropriate. The
Department is | ||
not required to provide further reunification services after | ||
such
a
finding.
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A decision to place a child in substitute care shall be | ||
made with
considerations of the child's health, safety, and | ||
best interests. At the
time of placement, consideration should | ||
also be given so that if reunification
fails or is delayed, the | ||
placement made is the best available placement to
provide | ||
permanency for the child.
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The Department shall adopt rules addressing concurrent | ||
planning for
reunification and permanency. The Department | ||
shall consider the following
factors when determining | ||
appropriateness of concurrent planning:
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(1) the likelihood of prompt reunification;
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(2) the past history of the family;
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(3) the barriers to reunification being addressed by | ||
the family;
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(4) the level of cooperation of the family;
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(5) the foster parents' willingness to work with the | ||
family to reunite;
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(6) the willingness and ability of the foster family to | ||
provide an
adoptive
home or long-term placement;
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(7) the age of the child;
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(8) placement of siblings.
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(m) The Department may assume temporary custody of any | ||
child if:
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(1) it has received a written consent to such temporary | ||
custody
signed by the parents of the child or by the parent | ||
having custody of the
child if the parents are not living | ||
together or by the guardian or
custodian of the child if | ||
the child is not in the custody of either
parent, or
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(2) the child is found in the State and neither a | ||
parent,
guardian nor custodian of the child can be located.
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If the child is found in his or her residence without a parent, | ||
guardian,
custodian or responsible caretaker, the Department | ||
may, instead of removing
the child and assuming temporary | ||
custody, place an authorized
representative of the Department | ||
in that residence until such time as a
parent, guardian or | ||
custodian enters the home and expresses a willingness
and | ||
apparent ability to ensure the child's health and safety and | ||
resume
permanent
charge of the child, or until a
relative | ||
enters the home and is willing and able to ensure the child's | ||
health
and
safety and assume charge of the
child until a | ||
parent, guardian or custodian enters the home and expresses
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such willingness and ability to ensure the child's safety and | ||
resume
permanent charge. After a caretaker has remained in the | ||
home for a period not
to exceed 12 hours, the Department must | ||
follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||
5-415 of the Juvenile Court Act
of 1987.
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The Department shall have the authority, responsibilities | ||
and duties that
a legal custodian of the child would have | ||
pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||
Act of 1987. Whenever a child is taken
into temporary custody | ||
pursuant to an investigation under the Abused and
Neglected | ||
Child Reporting Act, or pursuant to a referral and acceptance
| ||
under the Juvenile Court Act of 1987 of a minor in limited | ||
custody, the
Department, during the period of temporary custody | ||
and before the child
is brought before a judicial officer as | ||
required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||
Court Act of 1987, shall have
the authority, responsibilities | ||
and duties that a legal custodian of the child
would have under | ||
subsection (9) of Section 1-3 of the Juvenile Court Act of
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1987.
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The Department shall ensure that any child taken into | ||
custody
is scheduled for an appointment for a medical | ||
examination.
| ||
A parent, guardian or custodian of a child in the temporary | ||
custody of the
Department who would have custody of the child | ||
if he were not in the
temporary custody of the Department may | ||
deliver to the Department a signed
request that the Department | ||
surrender the temporary custody of the child.
The Department | ||
may retain temporary custody of the child for 10 days after
the | ||
receipt of the request, during which period the Department may | ||
cause to
be filed a petition pursuant to the Juvenile Court Act | ||
of 1987. If a
petition is so filed, the Department shall retain | ||
temporary custody of the
child until the court orders | ||
otherwise. If a petition is not filed within
the 10 day period, | ||
the child shall be surrendered to the custody of the
requesting | ||
parent, guardian or custodian not later than the expiration of
| ||
the 10 day period, at which time the authority and duties of | ||
the Department
with respect to the temporary custody of the | ||
child shall terminate.
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(m-1) The Department may place children under 18 years of | ||
age in a secure
child care facility licensed by the Department | ||
that cares for children who are
in need of secure living | ||
arrangements for their health, safety, and well-being
after a | ||
determination is made by the facility director and the Director | ||
or the
Director's designate prior to admission to the facility | ||
subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||
This subsection (m-1) does not apply
to a child who is subject | ||
to placement in a correctional facility operated
pursuant to | ||
Section 3-15-2 of the Unified Code of Corrections, unless the
| ||
child is a ward who was placed under the care of the Department | ||
before being
subject to placement in a correctional facility | ||
and a court of competent
jurisdiction has ordered placement of | ||
the child in a secure care facility.
| ||
(n) The Department may place children under 18 years of age | ||
in
licensed child care facilities when in the opinion of the | ||
Department,
appropriate services aimed at family preservation | ||
have been unsuccessful and
cannot ensure the child's health and | ||
safety or are unavailable and such
placement would be for their | ||
best interest. Payment
for board, clothing, care, training and | ||
supervision of any child placed in
a licensed child care | ||
facility may be made by the Department, by the
parents or | ||
guardians of the estates of those children, or by both the
| ||
Department and the parents or guardians, except that no | ||
payments shall be
made by the Department for any child placed | ||
in a licensed child care
facility for board, clothing, care, | ||
training and supervision of such a
child that exceed the | ||
average per capita cost of maintaining and of caring
for a | ||
child in institutions for dependent or neglected children | ||
operated by
the Department. However, such restriction on | ||
payments does not apply in
cases where children require | ||
specialized care and treatment for problems of
severe emotional | ||
disturbance, physical disability, social adjustment, or
any | ||
combination thereof and suitable facilities for the placement | ||
of such
children are not available at payment rates within the | ||
limitations set
forth in this Section. All reimbursements for | ||
services delivered shall be
absolutely inalienable by | ||
assignment, sale, attachment, garnishment or
otherwise.
| ||
(o) The Department shall establish an administrative | ||
review and appeal
process for children and families who request | ||
or receive child welfare
services from the Department. Children | ||
who are wards of the Department and
are placed by private child | ||
welfare agencies, and foster families with whom
those children | ||
are placed, shall be afforded the same procedural and appeal
| ||
rights as children and families in the case of placement by the | ||
Department,
including the right to an initial review of a | ||
private agency decision by
that agency. The Department shall | ||
insure that any private child welfare
agency, which accepts | ||
wards of the Department for placement, affords those
rights to | ||
children and foster families. The Department shall accept for
| ||
administrative review and an appeal hearing a complaint made by | ||
(i) a child
or foster family concerning a decision following an | ||
initial review by a
private child welfare agency or (ii) a | ||
prospective adoptive parent who alleges
a violation of | ||
subsection (j-5) of this Section. An appeal of a decision
| ||
concerning a change in the placement of a child shall be | ||
conducted in an
expedited manner.
| ||
(p) There is hereby created the Department of Children and | ||
Family
Services Emergency Assistance Fund from which the | ||
Department may provide
special financial assistance to | ||
families which are in economic crisis when
such assistance is | ||
not available through other public or private sources
and the | ||
assistance is deemed necessary to prevent dissolution of the | ||
family
unit or to reunite families which have been separated | ||
due to child abuse and
neglect. The Department shall establish | ||
administrative rules specifying
the criteria for determining | ||
eligibility for and the amount and nature of
assistance to be | ||
provided. The Department may also enter into written
agreements | ||
with private and public social service agencies to provide
| ||
emergency financial services to families referred by the | ||
Department.
Special financial assistance payments shall be | ||
available to a family no
more than once during each fiscal year | ||
and the total payments to a
family may not exceed $500 during a | ||
fiscal year.
| ||
(q) The Department may receive and use, in their entirety, | ||
for the
benefit of children any gift, donation or bequest of | ||
money or other
property which is received on behalf of such | ||
children, or any financial
benefits to which such children are | ||
or may become entitled while under
the jurisdiction or care of | ||
the Department.
| ||
The Department shall set up and administer no-cost, | ||
interest-bearing accounts in appropriate financial | ||
institutions
for children for whom the Department is legally | ||
responsible and who have been
determined eligible for Veterans' | ||
Benefits, Social Security benefits,
assistance allotments from | ||
the armed forces, court ordered payments, parental
voluntary | ||
payments, Supplemental Security Income, Railroad Retirement
| ||
payments, Black Lung benefits, or other miscellaneous | ||
payments. Interest
earned by each account shall be credited to | ||
the account, unless
disbursed in accordance with this | ||
subsection.
| ||
In disbursing funds from children's accounts, the | ||
Department
shall:
| ||
(1) Establish standards in accordance with State and | ||
federal laws for
disbursing money from children's | ||
accounts. In all
circumstances,
the Department's | ||
"Guardianship Administrator" or his or her designee must
| ||
approve disbursements from children's accounts. The | ||
Department
shall be responsible for keeping complete | ||
records of all disbursements for each account for any | ||
purpose.
| ||
(2) Calculate on a monthly basis the amounts paid from | ||
State funds for the
child's board and care, medical care | ||
not covered under Medicaid, and social
services; and | ||
utilize funds from the child's account, as
covered by | ||
regulation, to reimburse those costs. Monthly, | ||
disbursements from
all children's accounts, up to 1/12 of | ||
$13,000,000, shall be
deposited by the Department into the | ||
General Revenue Fund and the balance over
1/12 of | ||
$13,000,000 into the DCFS Children's Services Fund.
| ||
(3) Maintain any balance remaining after reimbursing | ||
for the child's costs
of care, as specified in item (2). | ||
The balance shall accumulate in accordance
with relevant | ||
State and federal laws and shall be disbursed to the child | ||
or his
or her guardian, or to the issuing agency.
| ||
(r) The Department shall promulgate regulations | ||
encouraging all adoption
agencies to voluntarily forward to the | ||
Department or its agent names and
addresses of all persons who | ||
have applied for and have been approved for
adoption of a | ||
hard-to-place or handicapped child and the names of such
| ||
children who have not been placed for adoption. A list of such | ||
names and
addresses shall be maintained by the Department or | ||
its agent, and coded
lists which maintain the confidentiality | ||
of the person seeking to adopt the
child and of the child shall | ||
be made available, without charge, to every
adoption agency in | ||
the State to assist the agencies in placing such
children for | ||
adoption. The Department may delegate to an agent its duty to
| ||
maintain and make available such lists. The Department shall | ||
ensure that
such agent maintains the confidentiality of the | ||
person seeking to adopt the
child and of the child.
| ||
(s) The Department of Children and Family Services may | ||
establish and
implement a program to reimburse Department and | ||
private child welfare
agency foster parents licensed by the | ||
Department of Children and Family
Services for damages | ||
sustained by the foster parents as a result of the
malicious or | ||
negligent acts of foster children, as well as providing third
| ||
party coverage for such foster parents with regard to actions | ||
of foster
children to other individuals. Such coverage will be | ||
secondary to the
foster parent liability insurance policy, if | ||
applicable. The program shall
be funded through appropriations | ||
from the General Revenue Fund,
specifically designated for such | ||
purposes.
| ||
(t) The Department shall perform home studies and | ||
investigations and
shall exercise supervision over visitation | ||
as ordered by a court pursuant
to the Illinois Marriage and | ||
Dissolution of Marriage Act or the Adoption
Act only if:
| ||
(1) an order entered by an Illinois court specifically
| ||
directs the Department to perform such services; and
| ||
(2) the court has ordered one or both of the parties to
| ||
the proceeding to reimburse the Department for its | ||
reasonable costs for
providing such services in accordance | ||
with Department rules, or has
determined that neither party | ||
is financially able to pay.
| ||
The Department shall provide written notification to the | ||
court of the
specific arrangements for supervised visitation | ||
and projected monthly costs
within 60 days of the court order. | ||
The Department shall send to the court
information related to | ||
the costs incurred except in cases where the court
has | ||
determined the parties are financially unable to pay. The court | ||
may
order additional periodic reports as appropriate.
| ||
(u) In addition to other information that must be provided, | ||
whenever the Department places a child with a prospective | ||
adoptive parent or parents or in a licensed foster home,
group | ||
home, child care institution, or in a relative home, the | ||
Department
shall provide to the prospective adoptive parent or | ||
parents or other caretaker:
| ||
(1) available detailed information concerning the | ||
child's educational
and health history, copies of | ||
immunization records (including insurance
and medical card | ||
information), a history of the child's previous | ||
placements,
if any, and reasons for placement changes | ||
excluding any information that
identifies or reveals the | ||
location of any previous caretaker;
| ||
(2) a copy of the child's portion of the client service | ||
plan, including
any visitation arrangement, and all | ||
amendments or revisions to it as
related to the child; and
| ||
(3) information containing details of the child's | ||
individualized
educational plan when the child is | ||
receiving special education services.
| ||
The caretaker shall be informed of any known social or | ||
behavioral
information (including, but not limited to, | ||
criminal background, fire
setting, perpetuation of
sexual | ||
abuse, destructive behavior, and substance abuse) necessary to | ||
care
for and safeguard the children to be placed or currently | ||
in the home. The Department may prepare a written summary of | ||
the information required by this paragraph, which may be | ||
provided to the foster or prospective adoptive parent in | ||
advance of a placement. The foster or prospective adoptive | ||
parent may review the supporting documents in the child's file | ||
in the presence of casework staff. In the case of an emergency | ||
placement, casework staff shall at least provide known | ||
information verbally, if necessary, and must subsequently | ||
provide the information in writing as required by this | ||
subsection.
| ||
The information described in this subsection shall be | ||
provided in writing. In the case of emergency placements when | ||
time does not allow prior review, preparation, and collection | ||
of written information, the Department shall provide such | ||
information as it becomes available. Within 10 business days | ||
after placement, the Department shall obtain from the | ||
prospective adoptive parent or parents or other caretaker a | ||
signed verification of receipt of the information provided. | ||
Within 10 business days after placement, the Department shall | ||
provide to the child's guardian ad litem a copy of the | ||
information provided to the prospective adoptive parent or | ||
parents or other caretaker. The information provided to the | ||
prospective adoptive parent or parents or other caretaker shall | ||
be reviewed and approved regarding accuracy at the supervisory | ||
level.
| ||
(u-5) Effective July 1, 1995, only foster care placements | ||
licensed as
foster family homes pursuant to the Child Care Act | ||
of 1969 shall be eligible to
receive foster care payments from | ||
the Department.
Relative caregivers who, as of July 1, 1995, | ||
were approved pursuant to approved
relative placement rules | ||
previously promulgated by the Department at 89 Ill.
Adm. Code | ||
335 and had submitted an application for licensure as a foster | ||
family
home may continue to receive foster care payments only | ||
until the Department
determines that they may be licensed as a | ||
foster family home or that their
application for licensure is | ||
denied or until September 30, 1995, whichever
occurs first.
| ||
(v) The Department shall access criminal history record | ||
information
as defined in the Illinois Uniform Conviction | ||
Information Act and information
maintained in the adjudicatory | ||
and dispositional record system as defined in
Section 2605-355 | ||
of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||
if the Department determines the information is necessary to | ||
perform its duties
under the Abused and Neglected Child | ||
Reporting Act, the Child Care Act of 1969,
and the Children and | ||
Family Services Act. The Department shall provide for
| ||
interactive computerized communication and processing | ||
equipment that permits
direct on-line communication with the | ||
Department of State Police's central
criminal history data | ||
repository. The Department shall comply with all
certification | ||
requirements and provide certified operators who have been
| ||
trained by personnel from the Department of State Police. In | ||
addition, one
Office of the Inspector General investigator | ||
shall have training in the use of
the criminal history | ||
information access system and have
access to the terminal. The | ||
Department of Children and Family Services and its
employees | ||
shall abide by rules and regulations established by the | ||
Department of
State Police relating to the access and | ||
dissemination of
this information.
| ||
(v-1) Prior to final approval for placement of a child, the | ||
Department shall conduct a criminal records background check of | ||
the prospective foster or adoptive parent, including | ||
fingerprint-based checks of national crime information | ||
databases. Final approval for placement shall not be granted if | ||
the record check reveals a felony conviction for child abuse or | ||
neglect, for spousal abuse, for a crime against children, or | ||
for a crime involving violence, including rape, sexual assault, | ||
or homicide, but not including other physical assault or | ||
battery, or if there is a felony conviction for physical | ||
assault, battery, or a drug-related offense committed within | ||
the past 5 years. | ||
(v-2) Prior to final approval for placement of a child, the | ||
Department shall check its child abuse and neglect registry for | ||
information concerning prospective foster and adoptive | ||
parents, and any adult living in the home. If any prospective | ||
foster or adoptive parent or other adult living in the home has | ||
resided in another state in the preceding 5 years, the | ||
Department shall request a check of that other state's child | ||
abuse and neglect registry.
| ||
(w) Within 120 days of August 20, 1995 (the effective date | ||
of Public Act
89-392), the Department shall prepare and submit | ||
to the Governor and the
General Assembly, a written plan for | ||
the development of in-state licensed
secure child care | ||
facilities that care for children who are in need of secure
| ||
living
arrangements for their health, safety, and well-being. | ||
For purposes of this
subsection, secure care facility shall | ||
mean a facility that is designed and
operated to ensure that | ||
all entrances and exits from the facility, a building
or a | ||
distinct part of the building, are under the exclusive control | ||
of the
staff of the facility, whether or not the child has the | ||
freedom of movement
within the perimeter of the facility, | ||
building, or distinct part of the
building. The plan shall | ||
include descriptions of the types of facilities that
are needed | ||
in Illinois; the cost of developing these secure care | ||
facilities;
the estimated number of placements; the potential | ||
cost savings resulting from
the movement of children currently | ||
out-of-state who are projected to be
returned to Illinois; the | ||
necessary geographic distribution of these
facilities in | ||
Illinois; and a proposed timetable for development of such
| ||
facilities.
| ||
(Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06.)
| ||
Section 5. The Abused and Neglected Child Reporting Act is | ||
amended by changing Section 4 as follows:
| ||
(325 ILCS 5/4) (from Ch. 23, par. 2054)
| ||
Sec. 4. Persons required to report; privileged | ||
communications;
transmitting false report. Any physician, | ||
resident, intern, hospital,
hospital administrator
and | ||
personnel engaged in examination, care and treatment of | ||
persons, surgeon,
dentist, dentist hygienist, osteopath, | ||
chiropractor, podiatrist, physician
assistant, substance abuse | ||
treatment personnel, funeral home
director or employee, | ||
coroner, medical examiner, emergency medical technician,
| ||
acupuncturist, crisis line or hotline personnel, school | ||
personnel (including administrators and both certified and | ||
non-certified school employees), educational
advocate assigned | ||
to a child pursuant to the School Code, truant officers,
social | ||
worker, social services administrator,
domestic violence | ||
program personnel, registered nurse, licensed
practical nurse, | ||
genetic counselor,
respiratory care practitioner, advanced | ||
practice nurse, home
health aide, director or staff
assistant | ||
of a nursery school or a child day care center, recreational | ||
program
or facility personnel, law enforcement officer, | ||
licensed professional
counselor, licensed clinical | ||
professional counselor, registered psychologist
and
assistants | ||
working under the direct supervision of a psychologist,
| ||
psychiatrist, or field personnel of the Department of | ||
Healthcare and Family Services, Juvenile Justice,
Public | ||
Health, Human Services (acting as successor to the Department | ||
of Mental
Health and Developmental Disabilities, | ||
Rehabilitation Services, or Public Aid),
Corrections, Human | ||
Rights, or Children and Family Services, supervisor and
| ||
administrator of general assistance under the Illinois Public | ||
Aid Code,
probation officer, or any other foster parent, | ||
homemaker or child care worker
having reasonable cause to | ||
believe a child known to them in their professional
or official | ||
capacity may be an abused child or a neglected child shall
| ||
immediately report or cause a report to be made to the | ||
Department.
| ||
Any member of the clergy having reasonable cause to believe | ||
that a child
known to that member of the clergy in his or her | ||
professional capacity may be
an abused child as defined in item | ||
(c) of the definition of "abused child" in
Section 3 of this | ||
Act shall immediately report or cause a report to be made to
| ||
the Department.
| ||
If an allegation is raised to a school board member during | ||
the course of an open or closed school board meeting that a | ||
child who is enrolled in the school district of which he or she | ||
is a board member is an abused child as defined in Section 3 of | ||
this Act, the member shall direct or cause the school board to | ||
direct the superintendent of the school district or other | ||
equivalent school administrator to comply with the | ||
requirements of this Act concerning the reporting of child | ||
abuse. For purposes of this paragraph, a school board member is | ||
granted the authority in his or her individual capacity to | ||
direct the superintendent of the school district or other | ||
equivalent school administrator to comply with the | ||
requirements of this Act concerning the reporting of child | ||
abuse.
| ||
Whenever
such person is required to report under this Act | ||
in his capacity as a member of
the staff of a medical or other | ||
public or private institution, school, facility
or agency, or | ||
as a member of the clergy, he shall
make report immediately to | ||
the Department in accordance
with the provisions of this Act | ||
and may also notify the person in charge of
such institution, | ||
school, facility or agency, or church, synagogue, temple,
| ||
mosque, or other religious institution, or his
designated agent | ||
that such
report has been made. Under no circumstances shall | ||
any person in charge of
such institution, school, facility or | ||
agency, or church, synagogue, temple,
mosque, or other | ||
religious institution, or his
designated agent to whom
such | ||
notification has been made, exercise any control, restraint, | ||
modification
or other change in the report or the forwarding of | ||
such report to the
Department.
| ||
The privileged quality of communication between any | ||
professional
person required to report
and his patient or | ||
client shall not apply to situations involving abused or
| ||
neglected children and shall not constitute grounds for failure | ||
to report
as required by this Act.
| ||
A member of the clergy may claim the privilege under | ||
Section 8-803 of the
Code of Civil Procedure.
| ||
In addition to the above persons required to
report | ||
suspected cases of abused or neglected children, any other | ||
person
may make a report if such person has reasonable cause to | ||
believe a child
may be an abused child or a neglected child.
| ||
Any person who enters into
employment on and after July 1, | ||
1986 and is mandated by virtue of that
employment to report | ||
under this Act, shall sign a statement on a form
prescribed by | ||
the Department, to the effect that the employee has knowledge
| ||
and understanding of the reporting requirements of this Act. | ||
The statement
shall be signed prior to commencement of the | ||
employment. The signed
statement shall be retained by the | ||
employer. The cost of printing,
distribution, and filing of the | ||
statement shall be borne by the employer.
| ||
The Department shall provide copies of this Act, upon | ||
request, to all
employers employing persons who shall be | ||
required under the provisions of
this Section to report under | ||
this Act.
| ||
Any person who knowingly transmits a false report to the | ||
Department
commits the offense of disorderly conduct under | ||
subsection (a)(7) of
Section 26-1 of the "Criminal Code of | ||
1961". Any person who violates this
provision a second or | ||
subsequent time shall be guilty of a Class 3
felony.
| ||
Any person who knowingly and willfully violates any | ||
provision of this
Section other than a second or subsequent | ||
violation of transmitting a
false report as described in the
| ||
preceding paragraph, is guilty of a Class A misdemeanor for
a | ||
first violation and a Class 4 felony for a
second or subsequent | ||
violation; except that if the person acted as part
of a plan or | ||
scheme having as its object the
prevention of discovery of an | ||
abused or neglected child by lawful authorities
for the
purpose | ||
of protecting or insulating any person or entity from arrest or
| ||
prosecution, the
person is guilty of a Class 4 felony for a | ||
first offense and a Class 3 felony
for a second or
subsequent | ||
offense (regardless of whether the second or subsequent offense
| ||
involves any
of the same facts or persons as the first or other | ||
prior offense).
| ||
A child whose parent, guardian or custodian in good faith | ||
selects and depends
upon spiritual means through prayer alone | ||
for the treatment or cure of
disease or remedial care may be | ||
considered neglected or abused, but not for
the sole reason | ||
that his parent, guardian or custodian accepts and
practices | ||
such beliefs.
| ||
A child shall not be considered neglected or abused solely | ||
because the
child is not attending school in accordance with | ||
the requirements of
Article 26 of the School Code, as amended.
| ||
(Source: P.A. 93-137, eff. 7-10-03; 93-356, eff. 7-24-03; | ||
93-431, eff. 8-5-03; 93-1041, eff. 9-29-04; 94-888, eff. | ||
6-20-06.)
| ||
Section 10. The Juvenile Court Act of 1987 is amended by | ||
changing Section 2-28 as follows:
| ||
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| ||
Sec. 2-28. Court review.
| ||
(1) The court may require any legal custodian or guardian | ||
of the person
appointed under this Act to report periodically | ||
to the court or may cite
him into court and require him or his | ||
agency, to make a full and
accurate report of his or its doings | ||
in behalf of the minor. The
custodian or guardian, within 10 | ||
days after such citation, shall make
the report, either in | ||
writing verified by affidavit or orally under oath
in open | ||
court, or otherwise as the court directs. Upon the hearing of
| ||
the report the court may remove the custodian or guardian and | ||
appoint
another in his stead or restore the minor to the | ||
custody of his parents
or former guardian or custodian. | ||
However, custody of the minor shall
not be restored to any | ||
parent, guardian or legal custodian in any case
in which the | ||
minor is found to be neglected or abused under Section 2-3 or
| ||
dependent under Section 2-4 of this
Act, unless the minor can | ||
be cared for at home without endangering the
minor's health or | ||
safety and it is in the best interests of the minor, and
if | ||
such neglect,
abuse, or dependency is found by the court under | ||
paragraph (1)
of Section 2-21 of
this Act to have come about | ||
due to the acts or omissions or both of such
parent, guardian
| ||
or legal custodian, until such time as an investigation is made | ||
as provided in
paragraph (5) and a hearing is held on the issue | ||
of the fitness of such parent,
guardian or legal custodian to | ||
care for the minor and the court enters an order
that such | ||
parent, guardian or legal custodian is fit to care for the | ||
minor.
| ||
(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, (b) if the parental rights of both | ||
parents have been
terminated in accordance with the procedure | ||
described in subsection (5) of
Section 2-21, within
30 days of | ||
the order for termination of parental rights and appointment of
| ||
a guardian with power to consent to adoption, or (c) in | ||
accordance with
subsection
(2) of Section 2-13.1. Subsequent | ||
permanency hearings
shall be held every 6 months
or more | ||
frequently if necessary in the court's determination following | ||
the
initial permanency hearing, in accordance with the | ||
standards set forth in this
Section, until the court determines | ||
that the plan and goal have been achieved.
Once the plan and | ||
goal have been achieved, if the minor remains in substitute
| ||
care, the case shall be reviewed at least every 6 months | ||
thereafter, subject to
the provisions of this Section, unless | ||
the minor is placed in the guardianship
of a suitable relative | ||
or other person and the court determines that further
| ||
monitoring by the court does not further the health, safety or | ||
best interest of
the child and that this is a stable permanent | ||
placement.
The permanency hearings must occur within the time | ||
frames set forth in this
subsection and may not be delayed in | ||
anticipation of a report from any source or due to the agency's | ||
failure to timely file its written report (this
written report | ||
means the one required under the next paragraph and does not
| ||
mean the service plan also referred to in that paragraph).
| ||
The public agency that is the custodian or guardian of the | ||
minor, or another
agency responsible for the minor's care, | ||
shall ensure that all parties to the
permanency hearings are | ||
provided a copy of the most recent
service plan prepared within | ||
the prior 6 months
at least 14 days in advance of the hearing. | ||
If not contained in the plan, the
agency shall also include a | ||
report setting forth (i) any special
physical, psychological, | ||
educational, medical, emotional, or other needs of the
minor or | ||
his or her family that are relevant to a permanency or | ||
placement
determination and (ii) for any minor age 16 or over, | ||
a written description of
the programs and services that will | ||
enable the minor to prepare for independent
living. The | ||
agency's written report must detail what progress or lack of
| ||
progress the parent has made in correcting the conditions | ||
requiring the child
to be in care; whether the child can be | ||
returned home without jeopardizing the
child's health, safety, | ||
and welfare, and if not, what permanency goal is
recommended to | ||
be in the best interests of the child, and why the other
| ||
permanency goals are not appropriate. The caseworker must | ||
appear and testify
at the permanency hearing. If a permanency | ||
hearing has not previously been
scheduled by the court, the | ||
moving party shall move for the setting of a
permanency hearing | ||
and the entry of an order within the time frames set forth
in | ||
this subsection.
| ||
At the permanency hearing, the court shall determine the | ||
future status
of the child. The court shall set one of the | ||
following permanency goals:
| ||
(A) The minor will be returned home by a specific date | ||
within 5
months.
| ||
(B) The minor will be in short-term care with a
| ||
continued goal to return home within a period not to exceed | ||
one
year, where the progress of the parent or parents is | ||
substantial giving
particular consideration to the age and | ||
individual needs of the minor.
| ||
(B-1) The minor will be in short-term care with a | ||
continued goal to return
home pending a status hearing. | ||
When the court finds that a parent has not made
reasonable | ||
efforts or reasonable progress to date, the court shall | ||
identify
what actions the parent and the Department must | ||
take in order to justify a
finding of reasonable efforts or | ||
reasonable progress and shall set a status
hearing to be | ||
held not earlier than 9 months from the date of | ||
adjudication nor
later than 11 months from the date of | ||
adjudication during which the parent's
progress will again | ||
be reviewed.
| ||
(C) The minor will be in substitute care pending court
| ||
determination on termination of parental rights.
| ||
(D) Adoption, provided that parental rights have been | ||
terminated or
relinquished.
| ||
(E) The guardianship of the minor will be transferred | ||
to an individual or
couple on a permanent basis provided | ||
that goals (A) through (D) have
been ruled out.
| ||
(F) The minor over age 15 will be in substitute care | ||
pending
independence.
| ||
(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, but shall provide services
consistent | ||
with the goal
selected.
| ||
The court shall set a
permanency
goal that is in the best | ||
interest of the child. In determining that goal, the court | ||
shall consult with the minor in an age-appropriate manner | ||
regarding the proposed permanency or transition plan for the | ||
minor. The court's determination
shall include the following | ||
factors:
| ||
(1) Age of the child.
| ||
(2) Options available for permanence, including both | ||
out-of-State and in-State placement options.
| ||
(3) Current placement of the child and the intent of | ||
the family regarding
adoption.
| ||
(4) Emotional, physical, and mental status or | ||
condition of the child.
| ||
(5) Types of services previously offered and whether or | ||
not
the services were successful and, if not successful, | ||
the reasons the services
failed.
| ||
(6) Availability of services currently needed and | ||
whether the services
exist.
| ||
(7) Status of siblings of the minor.
| ||
The court shall consider (i) the permanency goal contained | ||
in the service
plan, (ii) the appropriateness of the
services | ||
contained in the plan and whether those services have been
| ||
provided, (iii) whether reasonable efforts have been made by | ||
all
the parties to the service plan to achieve the goal, and | ||
(iv) whether the plan
and goal have been achieved. All evidence
| ||
relevant to determining these questions, including oral and | ||
written reports,
may be admitted and may be relied on to the | ||
extent of their probative value.
| ||
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. | ||
Unless otherwise specifically authorized by law, the court is | ||
not
empowered under this subsection (2) or under subsection (3) | ||
to order specific
placements, specific services, or specific | ||
service providers to be included in
the plan.
| ||
A guardian or custodian appointed by the court pursuant to | ||
this Act shall
file updated case plans with the court every 6 | ||
months.
| ||
Rights of wards of the court under this Act are enforceable | ||
against
any public agency by complaints for relief by mandamus | ||
filed in any
proceedings brought under this Act.
| ||
(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 placement is necessary, | ||
and appropriate to the
plan and goal, recognizing the | ||
right of minors to the least restrictive (most
| ||
family-like) setting available and in close proximity | ||
to the parents' home
consistent with the health, | ||
safety, best interest and special needs of the
minor | ||
and, if the minor is placed out-of-State, whether the | ||
out-of-State
placement continues to be appropriate and | ||
consistent with the health, safety,
and best interest | ||
of the minor.
| ||
(iv) (Blank).
| ||
(v) (Blank).
| ||
Any order entered pursuant to this subsection (3) shall be | ||
immediately
appealable as a matter of right under Supreme Court | ||
Rule 304(b)(1).
| ||
(4) The minor or any person interested in the minor may | ||
apply to the
court for a change in custody of the minor and the | ||
appointment of a new
custodian or guardian of the person or for | ||
the restoration of the minor
to the custody of his parents or | ||
former guardian or custodian.
| ||
When return home is not selected as the permanency goal:
| ||
(a) The Department, the minor, or the current
foster | ||
parent or relative
caregiver seeking private guardianship | ||
may file a motion for private
guardianship of the minor. | ||
Appointment of a guardian under this Section
requires | ||
approval of the court.
| ||
(b) The State's Attorney may file a motion to terminate | ||
parental rights of
any parent who has failed to make | ||
reasonable efforts to correct the conditions
which led to | ||
the removal of the child or reasonable progress toward the | ||
return
of the child, as defined in subdivision (D)(m) of | ||
Section 1 of the Adoption Act
or for whom any other | ||
unfitness ground for terminating parental rights as
| ||
defined in subdivision (D) of Section 1 of the Adoption Act | ||
exists.
| ||
Custody of the minor shall not be restored to any parent, | ||
guardian or legal
custodian in any case in which the minor is | ||
found to be neglected or abused
under Section 2-3 or dependent | ||
under Section 2-4 of this Act, unless the
minor can be cared | ||
for at home
without endangering his or her health or safety and | ||
it is in the best
interest of the minor,
and if such neglect, | ||
abuse, or dependency is found by the court
under paragraph (1) | ||
of Section 2-21 of this Act to have come
about due to the acts | ||
or omissions or both of such parent, guardian or legal
| ||
custodian, until such time as an investigation is made as | ||
provided in
paragraph (5) and a hearing is held on the issue of | ||
the health,
safety and
best interest of the minor and the | ||
fitness of such
parent, guardian or legal custodian to care for | ||
the minor and the court
enters an order that such parent, | ||
guardian or legal custodian is fit to
care for the minor. In | ||
the event that the minor has attained 18 years
of age and the | ||
guardian or custodian petitions the court for an order
| ||
terminating his guardianship or custody, guardianship or | ||
custody shall
terminate automatically 30 days after the receipt | ||
of the petition unless
the court orders otherwise. No legal | ||
custodian or guardian of the
person may be removed without his | ||
consent until given notice and an
opportunity to be heard by | ||
the court.
| ||
When the court orders a child restored to the custody of | ||
the parent or
parents, the court shall order the parent or | ||
parents to cooperate with the
Department of Children and Family | ||
Services and comply with the terms of an
after-care plan, or | ||
risk the loss of custody of the child and possible
termination | ||
of their parental rights. The court may also enter an order of
| ||
protective supervision in accordance with Section 2-24.
| ||
(5) Whenever a parent, guardian, or legal custodian files a | ||
motion for
restoration of custody of the minor, and the minor | ||
was adjudicated
neglected, abused, or dependent as a result of | ||
physical abuse,
the court shall cause to be
made an | ||
investigation as to whether the movant has ever been charged
| ||
with or convicted of any criminal offense which would indicate | ||
the
likelihood of any further physical abuse to the minor. | ||
Evidence of such
criminal convictions shall be taken into | ||
account in determining whether the
minor can be cared for at | ||
home without endangering his or her health or safety
and | ||
fitness of the parent, guardian, or legal custodian.
| ||
(a) Any agency of this State or any subdivision thereof | ||
shall
co-operate with the agent of the court in providing | ||
any information
sought in the investigation.
| ||
(b) The information derived from the investigation and | ||
any
conclusions or recommendations derived from the | ||
information shall be
provided to the parent, guardian, or | ||
legal custodian seeking restoration
of custody prior to the | ||
hearing on fitness and the movant shall have
an opportunity | ||
at the hearing to refute the information or contest its
| ||
significance.
| ||
(c) All information obtained from any investigation | ||
shall be confidential
as provided in Section 5-150 of this | ||
Act.
| ||
(Source: P.A. 91-357, eff. 7-29-99; 92-320, eff. 1-1-02.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||