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| Public Act 099-0664 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Section 5-745 as follows:
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(705 ILCS 405/5-745)
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Sec. 5-745. Court review.
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(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,
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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
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minor to
the custody of his or her parents or former guardian | ||||
or legal custodian.
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(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
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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.
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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.
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(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
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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
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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.
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(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.)
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