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| Public Act 095-0182 |
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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 2-28 as follows:
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(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
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Sec. 2-28. Court review.
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(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
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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
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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
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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.
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(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
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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
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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
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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
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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
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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
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mean the service plan also referred to in that paragraph).
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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
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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
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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.
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At the permanency hearing, the court shall determine the | ||
future status
of the child. The court shall set one of the | ||
following permanency goals:
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(A) The minor will be returned home by a specific date | ||
within 5
months.
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(B) The minor will be in short-term care with a
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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.
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(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.
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(C) The minor will be in substitute care pending court
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determination on termination of parental rights.
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(D) Adoption, provided that parental rights have been | ||
terminated or
relinquished.
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(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.
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(F) The minor over age 15 will be in substitute care | ||
pending
independence.
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(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.
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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
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reunification services, but shall provide services
consistent | ||
with the goal
selected.
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The court shall set a
permanency
goal that is in the best | ||
interest of the child. The court's determination
shall include | ||
the following factors:
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(1) Age of the child.
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(2) Options available for permanence.
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(3) Current placement of the child and the intent of | ||
the family regarding
adoption.
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(4) Emotional, physical, and mental status or | ||
condition of the child.
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(5) Types of services previously offered and whether or | ||
not
the services were successful and, if not successful, | ||
the reasons the services
failed.
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(6) Availability of services currently needed and | ||
whether the services
exist.
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(7) Status of siblings of the minor.
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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
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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
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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.
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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.
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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
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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.
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A guardian or custodian appointed by the court pursuant to | ||
this Act shall
file updated case plans with the court every 6 | ||
months.
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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.
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(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:
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(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
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(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:
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(i) (Blank).
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(ii) Whether the services required by the court
and | ||
by any service plan prepared within the prior 6 months
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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
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provided, why the services were not provided.
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(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
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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.
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(iv) (Blank).
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(v) (Blank).
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Any order entered pursuant to this subsection (3) shall be | ||
immediately
appealable as a matter of right under Supreme Court | ||
Rule 304(b)(1).
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(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.
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When return home is not selected as the permanency goal:
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(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.
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(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
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defined in subdivision (D) of Section 1 of the Adoption Act | ||
exists.
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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
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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
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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.
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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
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protective supervision in accordance with Section 2-24.
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(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
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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.
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(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.
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(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
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significance.
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(c) All information obtained from any investigation | ||
shall be confidential
as provided in Section 5-150 of this | ||
Act.
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(Source: P.A. 91-357, eff. 7-29-99; 92-320, eff. 1-1-02.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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