Public Act 099-0664
 
HB0114 EnrolledLRB099 03699 RLC 23711 b


  
    AN ACT concerning courts.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Juvenile Court Act of 1987 is amended  by 
changing Section 5-745 as follows:
 



    (705 ILCS 405/5-745)



    Sec. 5-745. Court review. 

    (1) The court may require any legal custodian or guardian 
of the person
appointed under this Act, including the 
Department of Juvenile Justice for youth committed under 
Section 5-750 of this Act, to report periodically to the court 
or may cite him
or her into court and require him or her, or his 
or her agency, to make a full
and accurate report of
his or her 
or its doings in behalf of the minor, including efforts to 
secure post-release placement of the youth after release from 
the Department's facilities.  The legal custodian or
guardian,

within 10 days after the citation, shall make the report, 
either in writing
verified by affidavit or orally under oath in 
open court, or otherwise as the
court directs.  Upon the hearing 
of the report the court may remove the legal
custodian or 
guardian and appoint another in his or her stead or restore the

minor to
the custody of his or her parents or former guardian 
or legal custodian.

    (2) If the Department of Children and Family Services is 
appointed legal custodian or guardian of a minor under this 
Act, the Department of Children and Family Services A guardian 
or legal custodian appointed by the court under this
Act shall 
file updated case plans with the court every 6 months.  Every 
agency
which has guardianship of a child shall file a 
supplemental petition for court
review, or review by an 
administrative body appointed or approved by the court
and 
further order within 18 months of the sentencing order and each 
18 months
thereafter.  The petition shall state facts relative 
to the child's present
condition of physical, mental and 
emotional health as well as facts relative to
his or her 
present custodial or foster care.  The petition shall be set for

hearing
and the clerk shall mail 10 days notice of the hearing 
by certified mail,
return receipt requested, to the person or 
agency having the physical custody
of the child, the minor and 
other interested parties unless a
written waiver of notice is 
filed with the petition.

    If the minor is in the custody of the Illinois Department 
of Children and Family Services,  pursuant to an order entered 
under this Article, the court shall conduct permanency hearings 
as set out in subsections (1), (2), and (3) of Section 2-28 of 
Article II of this Act. 
    Rights of wards of the court under this Act are enforceable 
against any
public agency by complaints for relief by mandamus 
filed in any proceedings
brought under this Act.

    (3) 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 or her 
parents or former guardian or custodian.  In the event that the

minor has
attained 18 years of age and the guardian or 
custodian petitions the court for
an order terminating his or 
her guardianship or custody, guardianship or legal
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 or her 
consent until given notice and an opportunity to be
heard by 
the court.

    (4) If the minor is committed to the Department of Juvenile 
Justice under Section 5-750 of this Act, the Department shall 
notify the court in writing of the occurrence of any of the 
following:
        (a) a critical incident involving a youth committed to 
    the Department; as used in this paragraph (a), "critical 
    incident" means any incident that involves a serious risk 
    to the life, health, or well-being of the youth and 
    includes, but is not limited to, an accident or suicide 
    attempt resulting in serious bodily harm or 
    hospitalization, psychiatric hospitalization, alleged or 
    suspected abuse, or escape or attempted escape from 
    custody, filed within 10 days of the occurrence;
        (b) a youth who has been released by the Prisoner 
    Review Board but remains in a Department facility solely 
    because the youth does not have an approved aftercare 
    release host site, filed within 10 days of the occurrence;
        (c) a youth, except a youth who has been adjudicated a 
    habitual or violent juvenile offender under Section 5-815 
    or 5-820 of this Act or committed for first degree murder, 
    who has been held in a Department facility for over one 
    consecutive year; or
        (d) if a report has been filed under paragraph (c) of 
    this subsection, a supplemental report shall be filed every 
    6 months thereafter.
The notification required by this subsection (4) shall contain 
a brief description of the incident or situation and a summary 
of the youth's current physical, mental, and emotional health 
and the actions the Department took in response to the incident 
or to identify an aftercare release host site, as applicable. 
Upon receipt of the notification, the court may require the 
Department to make a full report under subsection (1) of this 
Section.
    (5)  With respect to any report required to be filed with 
the  court under this Section, the Independent Juvenile 
Ombudsman shall provide a copy to the minor's court appointed 
guardian ad litem, if the Department has received written 
notice of the appointment, and to the minor's attorney, if the 
Department has received written notice of representation from 
the attorney.  If the Department has a record that a guardian 
has been appointed for the minor and a record of  the last known 
address of the minor's court appointed  guardian, the 
Independent Juvenile Ombudsman shall send a notice to the 
guardian that the report  is available and will be provided by 
the Independent Juvenile Ombudsman upon request.  If the 
Department has no record regarding the appointment of a  
guardian for the minor, and the Department's records include 
the last known addresses of the minor's parents, the 
Independent Juvenile Ombudsman shall send a notice to the 
parents that the report is available and will be provided by 
the Independent Juvenile Ombudsman upon request.
(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)