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| Public Act 095-0642 |
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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 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
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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 15
13
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years
of age committed to the Department under Section 5-710 of | ||
the Juvenile Court
Act
of 1987 or a minor for whom an | ||
independent basis of abuse, neglect, or dependency exists, | ||
which must be defined by departmental rule. An independent | ||
basis exists when the allegations or adjudication of abuse, | ||
neglect, or dependency do not arise from the same facts, | ||
incident, or circumstances which give rise to a charge or | ||
adjudication of delinquency.
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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
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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
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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.
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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.
| ||
(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 10. The Juvenile Court Act of 1987 is amended by | ||
changing Sections 2-10, 2-27, and 5-710 as follows:
| ||
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| ||
Sec. 2-10. Temporary custody hearing. At the appearance of | ||
the
minor before the court at the temporary custody hearing, | ||
all
witnesses present shall be examined before the court in | ||
relation to any
matter connected with the allegations made in | ||
the petition.
| ||
(1) If the court finds that there is not probable cause to | ||
believe
that the minor is abused, neglected or dependent it | ||
shall release
the minor and dismiss the petition.
| ||
(2) If the court finds that there is probable cause to | ||
believe that
the minor is abused, neglected or dependent, the | ||
court shall state in writing
the factual basis supporting its | ||
finding and the minor, his or her parent,
guardian, custodian | ||
and other persons able to give relevant testimony
shall be | ||
examined before the court. The Department of Children and
| ||
Family Services shall give testimony concerning indicated | ||
reports of abuse
and neglect, of which they are aware of | ||
through the central registry,
involving the minor's parent, | ||
guardian or custodian. After such
testimony, the court may, | ||
consistent with
the health,
safety and best interests of the | ||
minor,
enter an order that the minor shall be released
upon the | ||
request of parent, guardian or custodian if the parent, | ||
guardian
or custodian appears to take custody. Custodian shall | ||
include any agency of
the State which has been given custody or | ||
wardship of the child. If it is
consistent with the health, | ||
safety and best interests of the
minor, the
court may also | ||
prescribe shelter care and
order that the minor be kept in a | ||
suitable place designated by the court or in
a shelter care | ||
facility designated by the Department of Children and Family
| ||
Services or a licensed child welfare
agency; however, 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 of
Children and Family Services | ||
by any court, except a minor less than 15
13
years of age and | ||
committed to the Department of Children and Family Services
| ||
under Section 5-710 of this Act or a minor for whom an | ||
independent
basis of
abuse, neglect, or dependency exists.
,
An | ||
independent basis exists when the allegations or adjudication | ||
of abuse, neglect, or dependency do not arise from the same | ||
facts, incident, or circumstances which give rise to a charge | ||
or adjudication of delinquency
which must be defined by | ||
departmental
rule.
| ||
In placing the minor, the Department or other
agency shall, | ||
to the extent
compatible with the court's order, comply with | ||
Section 7 of the Children and
Family Services Act.
In | ||
determining
the health, safety and best interests of the minor | ||
to prescribe shelter
care, the court must
find that it is a | ||
matter of immediate and urgent necessity for the safety
and | ||
protection
of the minor or of the person or property of another | ||
that the minor be placed
in a shelter care facility or that he | ||
or she is likely to flee the jurisdiction
of the court, and | ||
must further find that reasonable efforts have been made or
| ||
that, consistent with the health, safety and best interests of
| ||
the minor, no efforts reasonably can be made to
prevent or | ||
eliminate the necessity of removal of the minor from his or her
| ||
home. The court shall require documentation from the Department | ||
of Children and
Family Services as to the reasonable efforts | ||
that were made to prevent or
eliminate the necessity of removal | ||
of the minor from his or her home or the
reasons why no efforts | ||
reasonably could be made to prevent or eliminate the
necessity | ||
of removal. When a minor is placed in the home of a relative, | ||
the
Department of Children and Family Services shall complete a | ||
preliminary
background review of the members of the minor's | ||
custodian's household in
accordance with Section 4.3 of the | ||
Child Care Act of 1969 within 90 days of
that placement. If the | ||
minor is ordered placed in a shelter care facility of
the | ||
Department of Children and
Family Services or a licensed child | ||
welfare agency, the court shall, upon
request of the | ||
appropriate Department or other agency, appoint the
Department | ||
of Children and Family Services Guardianship Administrator or
| ||
other appropriate agency executive temporary custodian of the | ||
minor and the
court may enter such other orders related to the | ||
temporary custody as it
deems fit and proper, including the | ||
provision of services to the minor or
his family to ameliorate | ||
the causes contributing to the finding of probable
cause or to | ||
the finding of the existence of immediate and urgent necessity.
| ||
Where the Department of Children and Family Services | ||
Guardianship Administrator is appointed as the executive | ||
temporary custodian, the Department of Children and Family | ||
Services shall file with the court and serve on the parties a | ||
parent-child visiting plan, within 10 days, excluding weekends | ||
and holidays, after the appointment. The parent-child visiting | ||
plan shall set out the time and place of visits, the frequency | ||
of visits, the length of visits, who shall be present at the | ||
visits, and where appropriate, the minor's opportunities to | ||
have telephone and mail communication with the parents. For | ||
good cause, the court may waive the requirement to file the | ||
parent-child visiting plan or extend the time for filing the | ||
parent-child visiting plan. Any party may, by motion, request | ||
the court to review the parent-child visiting plan to determine | ||
whether it is reasonably calculated to expeditiously | ||
facilitate the achievement of the permanency goal and is | ||
consistent with the minor's best interest. The frequency, | ||
duration, and locations of visitation shall be measured by the | ||
needs of the child and family, and not by the convenience of | ||
Department personnel. Child development principles shall be | ||
considered by the court in its analysis of how frequent | ||
visitation should be, how long it should last, where it should | ||
take place, and who should be present. If upon motion of the | ||
party to review the plan and after receiving evidence, the | ||
court determines that the parent-child visiting plan is not | ||
reasonably calculated to expeditiously facilitate the | ||
achievement of the permanency goal or that the restrictions | ||
placed on parent-child contact are contrary to the child's best | ||
interests, the court shall put in writing the factual basis | ||
supporting the determination and enter specific findings based | ||
on the evidence. The court shall enter an order for the | ||
Department to implement changes to the parent-child visiting | ||
plan, consistent with the court's findings. At any stage of | ||
proceeding, any party may by motion request the court to enter | ||
any orders necessary to implement the parent-child visiting | ||
plan. Nothing under this subsection (2) shall restrict the | ||
court from granting discretionary authority to the Department | ||
to increase opportunities for additional parent-child | ||
contacts, without further court orders. Nothing in this | ||
subsection (2) shall restrict the Department from immediately | ||
restricting or terminating parent-child contact, without | ||
either amending the parent-child visiting plan or obtaining a | ||
court order, where the Department or its assigns reasonably | ||
believe that continuation of parent-child contact, as set out | ||
in the parent-child visiting plan, would be contrary to the | ||
child's health, safety, and welfare. The Department shall file | ||
with the court and serve on the parties any amendments to the | ||
visitation plan within 10 days, excluding weekends and | ||
holidays, of the change of the visitation. Any party may, by | ||
motion, request the court to review the parent-child visiting | ||
plan to determine whether the parent-child visiting plan is | ||
reasonably calculated to expeditiously facilitate the | ||
achievement of the permanency goal, and is consistent with the | ||
minor's health, safety, and best interest.
| ||
Acceptance of services shall not be considered an admission | ||
of any
allegation in a petition made pursuant to this Act, nor | ||
may a referral of
services be considered as evidence in any | ||
proceeding pursuant to this Act,
except where the issue is | ||
whether the Department has made reasonable
efforts to reunite | ||
the family. In making its findings that it is
consistent with | ||
the health, safety and best
interests of the minor to prescribe | ||
shelter care, the court shall state in
writing (i) the factual | ||
basis supporting its findings concerning the
immediate and | ||
urgent necessity for the protection of the minor or of the | ||
person
or property of another and (ii) the factual basis | ||
supporting its findings that
reasonable efforts were made to | ||
prevent or eliminate the removal of the minor
from his or her | ||
home or that no efforts reasonably could be made to prevent or
| ||
eliminate the removal of the minor from his or her home. The
| ||
parents, guardian, custodian, temporary custodian and minor | ||
shall each be
furnished a copy of such written findings. The | ||
temporary custodian shall
maintain a copy of the court order | ||
and written findings in the case record
for the child. The | ||
order together with the court's findings of fact in
support | ||
thereof shall be entered of record in the court.
| ||
Once the court finds that it is a matter of immediate and | ||
urgent necessity
for the protection of the minor that the minor | ||
be placed in a shelter care
facility, the minor shall not be | ||
returned to the parent, custodian or guardian
until the court | ||
finds that such placement is no longer necessary for the
| ||
protection of the minor.
| ||
If the child is placed in the temporary custody of the | ||
Department of
Children
and Family
Services for his or her | ||
protection, the court shall admonish the parents,
guardian,
| ||
custodian or responsible relative that the parents must | ||
cooperate with the
Department of Children and Family Services, | ||
comply
with the terms of the service plans, and correct the | ||
conditions which require
the child to be in care, or risk | ||
termination of their parental
rights.
| ||
(3) If prior to the shelter care hearing for a minor | ||
described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | ||
unable to serve notice on the
party respondent, the shelter | ||
care hearing may proceed ex-parte. A shelter
care order from an | ||
ex-parte hearing shall be endorsed with the date and
hour of | ||
issuance and shall be filed with the clerk's office and entered | ||
of
record. The order shall expire after 10 days from the time | ||
it is issued
unless before its expiration it is renewed, at a | ||
hearing upon appearance
of the party respondent, or upon an | ||
affidavit of the moving party as to all
diligent efforts to | ||
notify the party respondent by notice as herein
prescribed. The | ||
notice prescribed shall be in writing and shall be
personally | ||
delivered to the minor or the minor's attorney and to the last
| ||
known address of the other person or persons entitled to | ||
notice. The
notice shall also state the nature of the | ||
allegations, the nature of the
order sought by the State, | ||
including whether temporary custody is sought,
and the | ||
consequences of failure to appear and shall contain a notice
| ||
that the parties will not be entitled to further written | ||
notices or publication
notices of proceedings in this case, | ||
including the filing of an amended
petition or a motion to | ||
terminate parental rights, except as required by
Supreme Court | ||
Rule 11; and shall explain the
right of
the parties and the | ||
procedures to vacate or modify a shelter care order as
provided | ||
in this Section. The notice for a shelter care hearing shall be
| ||
substantially as follows:
| ||
NOTICE TO PARENTS AND CHILDREN
| ||
OF SHELTER CARE HEARING
| ||
On ................ at ........., before the Honorable | ||
................,
(address:) ................., the State | ||
of Illinois will present evidence
(1) that (name of child | ||
or children) ....................... are abused,
neglected | ||
or dependent for the following reasons:
| ||
..............................................
and (2) | ||
that there is "immediate and urgent necessity" to remove | ||
the child
or children from the responsible relative.
| ||
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||
PLACEMENT of the
child or children in foster care until a | ||
trial can be held. A trial may
not be held for up to 90 | ||
days. You will not be entitled to further notices
of | ||
proceedings in this case, including the filing of an | ||
amended petition or a
motion to terminate parental rights.
| ||
At the shelter care hearing, parents have the following | ||
rights:
| ||
1. To ask the court to appoint a lawyer if they | ||
cannot afford one.
| ||
2. To ask the court to continue the hearing to | ||
allow them time to
prepare.
| ||
3. To present evidence concerning:
| ||
a. Whether or not the child or children were | ||
abused, neglected
or dependent.
| ||
b. Whether or not there is "immediate and | ||
urgent necessity" to remove
the child from home | ||
(including: their ability to care for the child,
| ||
conditions in the home, alternative means of | ||
protecting the child other
than removal).
| ||
c. The best interests of the child.
| ||
4. To cross examine the State's witnesses.
| ||
The Notice for rehearings shall be substantially as | ||
follows:
| ||
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| ||
TO REHEARING ON TEMPORARY CUSTODY
| ||
If you were not present at and did not have adequate | ||
notice of the
Shelter Care Hearing at which temporary | ||
custody of ............... was
awarded to | ||
................, you have the right to request a full | ||
rehearing
on whether the State should have temporary | ||
custody of ................. To
request this rehearing, | ||
you must file with the Clerk of the Juvenile Court
| ||
(address): ........................, in person or by | ||
mailing a statement
(affidavit) setting forth the | ||
following:
| ||
1. That you were not present at the shelter care | ||
hearing.
| ||
2. That you did not get adequate notice (explaining | ||
how the notice
was inadequate).
| ||
3. Your signature.
| ||
4. Signature must be notarized.
| ||
The rehearing should be scheduled within 48 hours of | ||
your filing this
affidavit.
| ||
At the rehearing, your rights are the same as at the | ||
initial shelter care
hearing. The enclosed notice explains | ||
those rights.
| ||
At the Shelter Care Hearing, children have the | ||
following rights:
| ||
1. To have a guardian ad litem appointed.
| ||
2. To be declared competent as a witness and to | ||
present testimony
concerning:
| ||
a. Whether they are abused, neglected or | ||
dependent.
| ||
b. Whether there is "immediate and urgent | ||
necessity" to be
removed from home.
| ||
c. Their best interests.
| ||
3. To cross examine witnesses for other parties.
| ||
4. To obtain an explanation of any proceedings and | ||
orders of the
court.
| ||
(4) If the parent, guardian, legal custodian, responsible | ||
relative,
minor age 8 or over, or counsel of the minor did not | ||
have actual notice of
or was not present at the shelter care | ||
hearing, he or she may file an
affidavit setting forth these | ||
facts, and the clerk shall set the matter for
rehearing not | ||
later than 48 hours, excluding Sundays and legal holidays,
| ||
after the filing of the affidavit. At the rehearing, the court | ||
shall
proceed in the same manner as upon the original hearing.
| ||
(5) Only when there is reasonable cause to believe that the | ||
minor
taken into custody is a person described in subsection | ||
(3) of Section
5-105 may the minor be
kept or detained in a | ||
detention home or county or municipal jail. This
Section shall | ||
in no way be construed to limit subsection (6).
| ||
(6) No minor under 16 years of age may be confined in a | ||
jail or place
ordinarily used for the confinement of prisoners | ||
in a police station. Minors
under 17 years of age must be kept | ||
separate from confined adults and may
not at any time be kept | ||
in the same cell, room, or yard with adults confined
pursuant | ||
to the criminal law.
| ||
(7) If the minor is not brought before a judicial officer | ||
within the
time period as specified in Section 2-9, the minor | ||
must immediately be
released from custody.
| ||
(8) If neither the parent, guardian or custodian appears | ||
within 24
hours to take custody of a minor released upon | ||
request pursuant to
subsection (2) of this Section, then the | ||
clerk of the court shall set the
matter for rehearing not later | ||
than 7 days after the original order and
shall issue a summons | ||
directed to the parent, guardian or custodian to
appear. At the | ||
same time the probation department shall prepare a report
on | ||
the minor. If a parent, guardian or custodian does not appear | ||
at such
rehearing, the judge may enter an order prescribing | ||
that the minor be kept
in a suitable place designated by the | ||
Department of Children and Family
Services or a licensed child | ||
welfare agency.
| ||
(9) Notwithstanding any other provision of this
Section any | ||
interested party, including the State, the temporary
| ||
custodian, an agency providing services to the minor or family | ||
under a
service plan pursuant to Section 8.2 of the Abused and | ||
Neglected Child
Reporting Act, foster parent, or any of their | ||
representatives, on notice
to all parties entitled to notice, | ||
may file a motion that it is in the best
interests of the minor | ||
to modify or vacate a
temporary custody order on any of the | ||
following grounds:
| ||
(a) It is no longer a matter of immediate and urgent | ||
necessity that the
minor remain in shelter care; or
| ||
(b) There is a material change in the circumstances of | ||
the natural
family from which the minor was removed and the | ||
child can be cared for at
home without endangering the | ||
child's health or safety; or
| ||
(c) A person not a party to the alleged abuse, neglect | ||
or dependency,
including a parent, relative or legal | ||
guardian, is capable of assuming
temporary custody of the | ||
minor; or
| ||
(d) Services provided by the Department of Children and | ||
Family Services
or a child welfare agency or other service | ||
provider have been successful in
eliminating the need for | ||
temporary custody and the child can be cared for at
home | ||
without endangering the child's health or safety.
| ||
In ruling on the motion, the court shall determine whether | ||
it is consistent
with the health, safety and best interests of | ||
the minor to modify
or vacate a temporary custody order.
| ||
The clerk shall set the matter for hearing not later than | ||
14 days after
such motion is filed. In the event that the court | ||
modifies or vacates a
temporary custody order but does not | ||
vacate its finding of probable cause,
the court may order that | ||
appropriate services be continued or initiated in
behalf of the | ||
minor and his or her family.
| ||
(10) When the court finds or has found that there is | ||
probable cause to
believe a minor is an abused minor as | ||
described in subsection (2) of Section
2-3
and that there is an | ||
immediate and urgent necessity for the abused minor to be
| ||
placed in shelter care, immediate and urgent necessity shall be | ||
presumed for
any other minor residing in the same household as | ||
the abused minor provided:
| ||
(a) Such other minor is the subject of an abuse or | ||
neglect petition
pending before the court; and
| ||
(b) A party to the petition is seeking shelter care for | ||
such other minor.
| ||
Once the presumption of immediate and urgent necessity has | ||
been raised, the
burden of demonstrating the lack of immediate | ||
and urgent necessity shall be on
any party that is opposing | ||
shelter care for the other minor.
| ||
(Source: P.A. 94-604, eff. 1-1-06.)
| ||
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
| ||
Sec. 2-27. Placement; legal custody or guardianship.
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(1) If the court determines and puts in writing the factual | ||
basis supporting
the determination of whether the parents, | ||
guardian, or legal custodian of a
minor adjudged a ward of the | ||
court are unfit or are unable, for some reason
other than | ||
financial circumstances alone, to care for, protect, train or
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discipline the minor or are unwilling to do so, and that the
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health, safety, and best
interest of the minor will be | ||
jeopardized if the minor remains in the custody
of his or her | ||
parents, guardian or
custodian, the court may at this hearing | ||
and at any later point:
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(a) place the minor in the custody of a suitable | ||
relative or other person
as
legal custodian or guardian;
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(a-5) with the approval of the Department of Children | ||
and Family
Services, place the minor in the subsidized | ||
guardianship of a suitable relative
or
other person as | ||
legal guardian; "subsidized guardianship" means a private
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guardianship arrangement for children for whom the | ||
permanency goals of return
home and adoption have been | ||
ruled out and who meet the qualifications for
subsidized | ||
guardianship as defined by the Department of Children and | ||
Family
Services in administrative rules;
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(b) place the minor under the guardianship of a | ||
probation officer;
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(c) commit the minor to an agency for care or | ||
placement, except an
institution under the authority of the | ||
Department of Corrections or of
the Department of Children | ||
and Family Services;
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(d) commit the minor to the Department of Children and | ||
Family Services for
care and service; however, a minor | ||
charged with a criminal offense under the
Criminal Code of | ||
1961 or adjudicated delinquent shall not be placed in the
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custody of or committed to the Department of Children and | ||
Family Services by
any court, except a minor less than 15
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13 years of age and committed to the
Department of Children | ||
and Family Services under Section 5-710 of this Act or a | ||
minor for whom an independent basis of abuse, neglect, or | ||
dependency exists. An independent basis exists when the | ||
allegations or adjudication of abuse, neglect, or | ||
dependency do not arise from the same facts, incident, or | ||
circumstances which give rise to a charge or adjudication | ||
of delinquency. The
Department shall be given due notice of | ||
the pendency of the action and the
Guardianship | ||
Administrator of the Department of Children and Family | ||
Services
shall be appointed guardian of the person of the | ||
minor. Whenever the Department
seeks to discharge a minor | ||
from its care and service, the Guardianship
Administrator | ||
shall petition the court for an
order terminating | ||
guardianship. The Guardianship Administrator may
designate | ||
one or more other officers of the Department, appointed as
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Department officers by administrative order of the | ||
Department Director,
authorized to affix the signature of | ||
the Guardianship Administrator to
documents affecting the | ||
guardian-ward relationship of children for whom
he or she | ||
has been appointed guardian at such times as he or she is | ||
unable to
perform
the duties of his or her office. The | ||
signature authorization shall include but
not be limited to | ||
matters of consent of marriage, enlistment in the
armed | ||
forces, legal proceedings, adoption, major medical and | ||
surgical
treatment and application for driver's license. | ||
Signature authorizations
made pursuant to the provisions | ||
of this paragraph shall be filed with
the Secretary of | ||
State and the Secretary of State shall provide upon
payment | ||
of the customary fee, certified copies of the authorization | ||
to
any court or individual who requests a copy.
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(1.5) In making a determination under this Section, the | ||
court shall also
consider
whether, based on health, safety, and | ||
the best interests of the minor,
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(a) appropriate services aimed
at family preservation | ||
and family reunification have been unsuccessful in
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rectifying the conditions that have led to a finding of | ||
unfitness or inability
to care for, protect, train, or | ||
discipline the minor, or
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(b) no family preservation or family reunification
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services would be appropriate,
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and if the petition or amended petition
contained an allegation | ||
that the
parent is an unfit
person as defined in subdivision | ||
(D) of Section 1 of the Adoption Act, and the
order of
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adjudication
recites that parental unfitness was established | ||
by clear and convincing
evidence, the court
shall, when | ||
appropriate and in the best interest of the minor, enter an
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order terminating parental rights and
appointing a guardian | ||
with
power to
consent to adoption in accordance with Section | ||
2-29.
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When making a placement, the court, wherever possible, | ||
shall
require the Department of Children and Family Services to | ||
select a person
holding the same religious belief as that of | ||
the minor or a private agency
controlled by persons of like | ||
religious faith of the minor and shall require
the Department | ||
to otherwise comply with Section 7 of the Children and Family
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Services Act in placing the child. In addition, whenever | ||
alternative plans for
placement are available, the court shall | ||
ascertain and consider, to the extent
appropriate in the | ||
particular case, the views and preferences of the minor.
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(2) When a minor is placed with a suitable relative or | ||
other
person pursuant to item (a) of subsection (1),
the court | ||
shall appoint him or her the legal custodian or guardian of the
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person of the minor. When a minor is committed to any agency, | ||
the court
shall appoint the proper officer or representative | ||
thereof as legal
custodian or guardian of the person of the | ||
minor. Legal custodians and
guardians of the person of the | ||
minor have the respective rights and duties set
forth in | ||
subsection (9) of Section 1-3 except as otherwise provided by | ||
order
of court; but no guardian of the person may consent to | ||
adoption of the
minor unless that authority is conferred upon | ||
him or her in accordance with
Section 2-29. An agency whose | ||
representative is appointed guardian of the
person or legal | ||
custodian of the minor may place the minor in any child care
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facility, but the facility must be licensed under the Child | ||
Care Act of
1969 or have been approved by the Department of | ||
Children and Family Services
as meeting the standards | ||
established for such licensing. No agency may
place a minor | ||
adjudicated under Sections 2-3 or 2-4 in a child care facility
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unless the placement is in compliance with the rules and | ||
regulations
for placement under this Section promulgated by the | ||
Department of Children
and Family Services under Section 5 of | ||
the Children and Family Services
Act. Like authority and | ||
restrictions shall be conferred by the court upon
any probation | ||
officer who has been appointed guardian of the person of a | ||
minor.
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(3) No placement by any probation officer or agency whose | ||
representative
is appointed guardian of the person or legal | ||
custodian of a minor may be
made in any out of State child care | ||
facility unless it complies with the
Interstate Compact on the | ||
Placement of Children. Placement with a parent,
however, is not | ||
subject to that Interstate Compact.
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(4) The clerk of the court shall issue to the legal | ||
custodian or
guardian of the person a certified copy of the | ||
order of court, as proof
of his authority. No other process is | ||
necessary as authority for the
keeping of the minor.
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(5) Custody or guardianship granted under this Section | ||
continues until
the court otherwise directs, but not after the | ||
minor reaches the age
of 19 years except as set forth in | ||
Section 2-31.
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(6) (Blank).
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(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, | ||
eff. 8-22-97;
90-590, eff. 1-1-99; 90-608, eff. 6-30-98; | ||
90-655, eff. 7-30-98; 91-357, eff.
7-29-99.)
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(705 ILCS 405/5-710)
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Sec. 5-710. Kinds of sentencing orders.
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(1) The following kinds of sentencing orders may be made in | ||
respect of
wards of the court:
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(a) Except as provided in Sections 5-805, 5-810, 5-815, | ||
a minor who is
found
guilty under Section 5-620 may be:
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(i) put on probation or conditional discharge and | ||
released to his or her
parents, guardian or legal | ||
custodian, provided, however, that any such minor
who | ||
is not committed to the Department of Juvenile Justice | ||
under
this subsection and who is found to be a | ||
delinquent for an offense which is
first degree murder, | ||
a Class X felony, or a forcible felony shall be placed | ||
on
probation;
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(ii) placed in accordance with Section 5-740, with | ||
or without also being
put on probation or conditional | ||
discharge;
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(iii) required to undergo a substance abuse | ||
assessment conducted by a
licensed provider and | ||
participate in the indicated clinical level of care;
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(iv) placed in the guardianship of the Department | ||
of Children and Family
Services, but only if the | ||
delinquent minor is under 15
13 years of age or, | ||
pursuant to Article II of this Act, a minor for whom an | ||
independent basis of abuse, neglect, or dependency | ||
exists. An independent basis exists when the | ||
allegations or adjudication of abuse, neglect, or | ||
dependency do not arise from the same facts, incident, | ||
or circumstances which give rise to a charge or | ||
adjudication of delinquency;
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(v) placed in detention for a period not to exceed | ||
30 days, either as
the
exclusive order of disposition | ||
or, where appropriate, in conjunction with any
other | ||
order of disposition issued under this paragraph, | ||
provided that any such
detention shall be in a juvenile | ||
detention home and the minor so detained shall
be 10 | ||
years of age or older. However, the 30-day limitation | ||
may be extended by
further order of the court for a | ||
minor under age 15
13 committed to the Department
of | ||
Children and Family Services if the court finds that | ||
the minor is a danger
to himself or others. The minor | ||
shall be given credit on the sentencing order
of | ||
detention for time spent in detention under Sections | ||
5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||
result of the offense for which the sentencing order | ||
was imposed.
The court may grant credit on a sentencing | ||
order of detention entered under a
violation of | ||
probation or violation of conditional discharge under | ||
Section
5-720 of this Article for time spent in | ||
detention before the filing of the
petition
alleging | ||
the violation. A minor shall not be deprived of credit | ||
for time spent
in detention before the filing of a | ||
violation of probation or conditional
discharge | ||
alleging the same or related act or acts;
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(vi) ordered partially or completely emancipated | ||
in accordance with the
provisions of the Emancipation | ||
of Minors Act;
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(vii) subject to having his or her driver's license | ||
or driving
privileges
suspended for such time as | ||
determined by the court but only until he or she
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attains 18 years of age;
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(viii) put on probation or conditional discharge | ||
and placed in detention
under Section 3-6039 of the | ||
Counties Code for a period not to exceed the period
of | ||
incarceration permitted by law for adults found guilty | ||
of the same offense
or offenses for which the minor was | ||
adjudicated delinquent, and in any event no
longer than | ||
upon attainment of age 21; this subdivision (viii) | ||
notwithstanding
any contrary provision of the law; or
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(ix) ordered to undergo a medical or other | ||
procedure to have a tattoo
symbolizing allegiance to a | ||
street gang removed from his or her body.
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(b) A minor found to be guilty may be committed to the | ||
Department of
Juvenile Justice under Section 5-750 if the | ||
minor is 13 years of age or
older,
provided that the | ||
commitment to the Department of Juvenile Justice shall be | ||
made only if a term of incarceration is permitted by law | ||
for
adults found guilty of the offense for which the minor | ||
was adjudicated
delinquent. The time during which a minor | ||
is in custody before being released
upon the request of a | ||
parent, guardian or legal custodian shall be considered
as | ||
time spent in detention.
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(c) When a minor is found to be guilty for an offense | ||
which is a violation
of the Illinois Controlled Substances | ||
Act, the Cannabis Control Act, or the Methamphetamine | ||
Control and Community Protection Act and made
a ward of the | ||
court, the court may enter a disposition order requiring | ||
the
minor to undergo assessment,
counseling or treatment in | ||
a substance abuse program approved by the Department
of | ||
Human Services.
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(2) Any sentencing order other than commitment to the | ||
Department of
Juvenile Justice may provide for protective | ||
supervision under
Section 5-725 and may include an order of | ||
protection under Section 5-730.
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(3) Unless the sentencing order expressly so provides, it | ||
does not operate
to close proceedings on the pending petition, | ||
but is subject to modification
until final closing and | ||
discharge of the proceedings under Section 5-750.
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(4) In addition to any other sentence, the court may order | ||
any
minor
found to be delinquent to make restitution, in | ||
monetary or non-monetary form,
under the terms and conditions | ||
of Section 5-5-6 of the Unified Code of
Corrections, except | ||
that the "presentencing hearing" referred to in that
Section
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shall be
the sentencing hearing for purposes of this Section. | ||
The parent, guardian or
legal custodian of the minor may be | ||
ordered by the court to pay some or all of
the restitution on | ||
the minor's behalf, pursuant to the Parental Responsibility
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Law. The State's Attorney is authorized to act
on behalf of any | ||
victim in seeking restitution in proceedings under this
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Section, up to the maximum amount allowed in Section 5 of the | ||
Parental
Responsibility Law.
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(5) Any sentencing order where the minor is committed or | ||
placed in
accordance
with Section 5-740 shall provide for the | ||
parents or guardian of the estate of
the minor to pay to the | ||
legal custodian or guardian of the person of the minor
such | ||
sums as are determined by the custodian or guardian of the | ||
person of the
minor as necessary for the minor's needs. The | ||
payments may not exceed the
maximum amounts provided for by | ||
Section 9.1 of the Children and Family Services
Act.
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(6) Whenever the sentencing order requires the minor to | ||
attend school or
participate in a program of training, the | ||
truant officer or designated school
official shall regularly | ||
report to the court if the minor is a chronic or
habitual | ||
truant under Section 26-2a of the School Code.
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(7) In no event shall a guilty minor be committed to the | ||
Department of
Juvenile Justice for a period of time in
excess | ||
of
that period for which an adult could be committed for the | ||
same act.
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(8) A minor found to be guilty for reasons that include a | ||
violation of
Section 21-1.3 of the Criminal Code of 1961 shall | ||
be ordered to perform
community service for not less than 30 | ||
and not more than 120 hours, if
community service is available | ||
in the jurisdiction. The community service
shall include, but | ||
need not be limited to, the cleanup and repair of the damage
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that was caused by the violation or similar damage to property | ||
located in the
municipality or county in which the violation | ||
occurred. The order may be in
addition to any other order | ||
authorized by this Section.
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(8.5) A minor found to be guilty for reasons that include a | ||
violation of
Section
3.02 or Section 3.03 of the Humane Care | ||
for Animals Act or paragraph (d) of
subsection (1) of
Section | ||
21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | ||
medical or psychiatric treatment rendered by
a
psychiatrist or | ||
psychological treatment rendered by a clinical psychologist.
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The order
may be in addition to any other order authorized by | ||
this Section.
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(9) In addition to any other sentencing order, the court | ||
shall order any
minor found
to be guilty for an act which would | ||
constitute, predatory criminal sexual
assault of a child, | ||
aggravated criminal sexual assault, criminal sexual
assault, | ||
aggravated criminal sexual abuse, or criminal sexual abuse if
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committed by an
adult to undergo medical testing to determine | ||
whether the defendant has any
sexually transmissible disease | ||
including a test for infection with human
immunodeficiency | ||
virus (HIV) or any other identified causative agency of
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acquired immunodeficiency syndrome (AIDS). Any medical test | ||
shall be performed
only by appropriately licensed medical | ||
practitioners and may include an
analysis of any bodily fluids | ||
as well as an examination of the minor's person.
Except as | ||
otherwise provided by law, the results of the test shall be | ||
kept
strictly confidential by all medical personnel involved in | ||
the testing and must
be personally delivered in a sealed | ||
envelope to the judge of the court in which
the sentencing | ||
order was entered for the judge's inspection in camera. Acting
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in accordance with the best interests of the victim and the | ||
public, the judge
shall have the discretion to determine to | ||
whom the results of the testing may
be revealed. The court | ||
shall notify the minor of the results of the test for
infection | ||
with the human immunodeficiency virus (HIV). The court shall | ||
also
notify the victim if requested by the victim, and if the | ||
victim is under the
age of 15 and if requested by the victim's | ||
parents or legal guardian, the court
shall notify the victim's | ||
parents or the legal guardian, of the results of the
test for | ||
infection with the human immunodeficiency virus (HIV). The | ||
court
shall provide information on the availability of HIV | ||
testing and counseling at
the Department of Public Health | ||
facilities to all parties to whom the
results of the testing | ||
are revealed. The court shall order that the cost of
any test | ||
shall be paid by the county and may be taxed as costs against | ||
the
minor.
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(10) When a court finds a minor to be guilty the court | ||
shall, before
entering a sentencing order under this Section, | ||
make a finding whether the
offense committed either: (a) was | ||
related to or in furtherance of the criminal
activities of an | ||
organized gang or was motivated by the minor's membership in
or | ||
allegiance to an organized gang, or (b) involved a violation of
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subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | ||
a violation of
any
Section of Article 24 of the Criminal Code | ||
of 1961, or a violation of any
statute that involved the | ||
wrongful use of a firearm. If the court determines
the question | ||
in the affirmative,
and the court does not commit the minor to | ||
the Department of Juvenile Justice, the court shall order the | ||
minor to perform community service
for not less than 30 hours | ||
nor more than 120 hours, provided that community
service is | ||
available in the jurisdiction and is funded and approved by the
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county board of the county where the offense was committed. The | ||
community
service shall include, but need not be limited to, | ||
the cleanup and repair of
any damage caused by a violation of | ||
Section 21-1.3 of the Criminal Code of 1961
and similar damage | ||
to property located in the municipality or county in which
the | ||
violation occurred. When possible and reasonable, the | ||
community service
shall be performed in the minor's | ||
neighborhood. This order shall be in
addition to any other | ||
order authorized by this Section
except for an order to place | ||
the minor in the custody of the Department of
Juvenile Justice. | ||
For the purposes of this Section, "organized
gang" has the | ||
meaning ascribed to it in Section 10 of the Illinois Streetgang
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Terrorism Omnibus Prevention Act.
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(Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06.)
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