HB4887 100TH GENERAL ASSEMBLY

LRB100 17355 KTG 32519 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4887

Introduced , by Rep. Ann M. Williams

SYNOPSIS AS INTRODUCED:

20 ILCS 505/35.10 new
705 ILCS 405/2-31	from Ch. 37, par. 802-31

Amends the Children and Family Services Act. Requires the Department of Children and Family Services to assist youth in care in identifying and obtaining documents necessary to function as an independent adult prior to the closure of the youth's case to terminate wardship under the Juvenile Court Act of 1987. Provides that the necessary documents shall include, but not be limited to: State identification card or driver's license; social security card; medical records; educational records; and other documents. Provides that if a court orders that the wardship of a youth in care be terminated and all proceedings under the Juvenile Court Act of 1987 respecting the youth in care finally closed and discharged, the Department shall ensure that the youth in care has a copy of the court's order. Provides that a court shall find that it is in the minor's best interest to continue wardship of a minor if the Department of Children and Family Services has not made reasonable efforts to ensure that the minor has documents necessary for adult living. Provides that it shall not be in the minor's best interest to terminate wardship of a minor over the age of 18 who is in the Department's guardianship if the Department has not made reasonable efforts to ensure that the minor has documents necessary for adult living.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Children and Family Services Act is amended by adding Section 35.10 as follows:

(20 ILCS 505/35.10 new)

Sec. 35.10. Documents necessary for adult living.

The Department shall assist a youth in care in identifying and obtaining documents necessary to function as an independent adult prior to the closure of the youth's case to terminate wardship as provided in Section 2-31 of the Juvenile Court Act of 1987. These necessary documents shall include, but not be limited to, any of the following:

(1) State identification card or driver's license.

(2) Social Security card.

(3) Medical records, including, but not limited to, health passport, dental records, immunization records, name and contact information for all current medical, dental, and mental health providers, and a signed certification that the Department provided the youth with education on executing a healthcare power of attorney.

(4) Medicaid card or other health eligibility documentation.

(5) Certified copy of birth certificate.

(6) Any applicable religious documents.

(7) Voter registration card.

(8) Immigration, citizenship, or naturalization documentation, if applicable.

(9) Death certificates of parents, if applicable.

(10) Life book or compilation of personal history and photographs.

(11) List of known relatives with relationships, addresses, telephone numbers, and other contact information, with the permission of the involved relative.

(12) Resume.

(13) Educational records, including list of schools attended, and transcript, high school diploma, or high school equivalency certificate.

(14) List of placements while in care.

(15) List of community resources with referral information, including the Midwest Adoption Center for search and reunion services for former youth in care, whether or not they were adopted, and the Illinois Chapter of Foster Care Alumni of America. If a court determines that a youth in care no longer requires wardship of the court and orders the wardship terminated and all proceedings under the Juvenile Court Act of 1987 respecting the youth in care finally closed and discharged, the Department shall ensure that the youth in care receives a copy of the court's order.

Section 10. The Juvenile Court Act of 1987 is amended by changing Section 2-31 as follows:

(705 ILCS 405/2-31) (from Ch. 37, par. 802-31)

Sec. 2-31. Duration of wardship and discharge of proceedings.

(1) All proceedings under this Act in respect of any minor for whom a petition was filed after the effective date of this amendatory Act of 1991 automatically terminate upon his attaining the age of 19 years, except that a court may continue the wardship of a minor until age 21 for good cause when there is satisfactory evidence presented to the court and the court makes written factual findings that the health, safety, and best interest of the minor and the public require the continuation of the wardship. A court shall find that it is in the minor's best interest to continue wardship if the Department of Children and Family Services has not made reasonable efforts to ensure that the minor has documents necessary for adult living as provided in Section 35.10 of the Children and Family Services Act.

(2) Whenever the court determines, and makes written factual findings, that health, safety, and the best interests of the minor and the public no longer require the wardship of the court, the court shall order the wardship terminated and all proceedings under this Act respecting that minor finally closed and discharged. The court may at the same time continue or terminate any custodianship or guardianship theretofore ordered but the termination must be made in compliance with Section 2-28. When terminating wardship under this Section, if the minor is over 18, or if wardship is terminated in conjunction with an order partially or completely emancipating the minor in accordance with the Emancipation of Minors Act, the court shall also make specific findings of fact as to the minor's wishes regarding case closure and the manner in which the minor will maintain independence. The minor's lack of cooperation with services provided by the Department of Children and Family Services shall not by itself be considered sufficient evidence that the minor is prepared to live independently and that it is in the best interest of the minor to terminate wardship. It shall not be in the minor's best interest to terminate wardship of a minor over the age of 18 who is in the guardianship of the Department of Children and Family Services if the Department has not made reasonable efforts to ensure that the minor has documents necessary for adult living as provided in Section 35.10 of the Children and Family Services Act.

(3) The wardship of the minor and any custodianship or guardianship respecting the minor for whom a petition was filed after the effective date of this amendatory Act of 1991 automatically terminates when he attains the age of 19 years except as set forth in subsection (1) of this Section. The clerk of the court shall at that time record all proceedings under this Act as finally closed and discharged for that reason.

(Source: P.A. 96-581, eff. 1-1-10.)