SB0031 - 104th General Assembly

 


 
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0031

 

Introduced 1/13/2025, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-745

    Amends the Juvenile Court Act of 1987. Makes technical changes in a provision that states if the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under the Delinquent Minors Article of the Act, the court shall conduct permanency hearings as set out in the court review provisions of the Abused, Neglected, or Dependent Minors Article of the Act.


LRB104 03436 RLC 13459 b

 

 

A BILL FOR

 

SB0031LRB104 03436 RLC 13459 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-745 as follows:
 
6    (705 ILCS 405/5-745)
7    Sec. 5-745. Court review.
8    (1) The court may require any legal custodian or guardian
9of the person appointed under this Act, including the
10Department of Juvenile Justice for youth committed under
11Section 5-750 of this Act, to report periodically to the court
12or may cite the legal custodian or guardian into court and
13require the legal custodian or guardian, or the legal
14custodian's or guardian's agency, to make a full and accurate
15report of the doings of the legal custodian, guardian, or
16agency on behalf of the minor, including efforts to secure
17post-release placement of the youth after release from the
18Department's facilities. The legal custodian or guardian,
19within 10 days after the citation, shall make the report,
20either in writing verified by affidavit or orally under oath
21in open court, or otherwise as the court directs. Upon the
22hearing of the report the court may remove the legal custodian
23or guardian and appoint another in the legal custodian's or

 

 

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1guardian's stead or restore the minor to the custody of the
2minor's parents or former guardian or legal custodian.
3    (2) If the Department of Children and Family Services is
4appointed legal custodian or guardian of a minor under Section
55-740 of this Act, the Department of Children and Family
6Services shall file updated case plans with the court every 6
7months. Every agency which has guardianship of a child shall
8file a supplemental petition for court review, or review by an
9administrative body appointed or approved by the court and
10further order within 18 months of the sentencing order and
11each 18 months thereafter. The petition shall state facts
12relative to the child's present condition of physical, mental
13and emotional health as well as facts relative to the minor's
14present custodial or foster care. The petition shall be set
15for hearing and the clerk shall mail 10 days notice of the
16hearing by certified mail, return receipt requested, to the
17person or agency having the physical custody of the child, the
18minor and other interested parties unless a written waiver of
19notice is filed with the petition.
20    If the minor is in the custody of the Illinois Department
21of Children and Family Services, pursuant to an order entered
22under this Article, the court shall conduct permanency
23hearings as set out in subsections (1), (1.5), (1.6), (2),
24(2.5), and (3) of Section 2-28 of Article II of this Act.
25    Rights of wards of the court under this Act are
26enforceable against any public agency by complaints for relief

 

 

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1by mandamus filed in any proceedings brought under this Act.
2    (3) The minor or any person interested in the minor may
3apply to the court for a change in custody of the minor and the
4appointment of a new custodian or guardian of the person or for
5the restoration of the minor to the custody of the minor's
6parents or former guardian or custodian. In the event that the
7minor has attained 18 years of age and the guardian or
8custodian petitions the court for an order terminating the
9minor's guardianship or custody, guardianship or legal custody
10shall terminate automatically 30 days after the receipt of the
11petition unless the court orders otherwise. No legal custodian
12or guardian of the person may be removed without the legal
13custodian's or guardian's consent until given notice and an
14opportunity to be heard by the court.
15    (4) If the minor is committed to the Department of
16Juvenile Justice under Section 5-750 of this Act, the
17Department shall notify the court in writing of the occurrence
18of any of the following:
19        (a) a critical incident involving a youth committed to
20    the Department; as used in this paragraph (a), "critical
21    incident" means any incident that involves a serious risk
22    to the life, health, or well-being of the youth and
23    includes, but is not limited to, an accident or suicide
24    attempt resulting in serious bodily harm or
25    hospitalization, psychiatric hospitalization, alleged or
26    suspected abuse, or escape or attempted escape from

 

 

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1    custody, filed within 10 days of the occurrence;
2        (b) a youth who has been released by the Prisoner
3    Review Board but remains in a Department facility solely
4    because the youth does not have an approved aftercare
5    release host site, filed within 10 days of the occurrence;
6        (c) a youth, except a youth who has been adjudicated a
7    habitual or violent juvenile offender under Section 5-815
8    or 5-820 of this Act or committed for first degree murder,
9    who has been held in a Department facility for over one
10    consecutive year; or
11        (d) if a report has been filed under paragraph (c) of
12    this subsection, a supplemental report shall be filed
13    every 6 months thereafter.
14The notification required by this subsection (4) shall contain
15a brief description of the incident or situation and a summary
16of the youth's current physical, mental, and emotional health
17and the actions the Department took in response to the
18incident or to identify an aftercare release host site, as
19applicable. Upon receipt of the notification, the court may
20require the Department to make a full report under subsection
21(1) of this Section.
22    (5) With respect to any report required to be filed with
23the court under this Section, the Independent Juvenile
24Ombudsperson shall provide a copy to the minor's court
25appointed guardian ad litem, if the Department has received
26written notice of the appointment, and to the minor's

 

 

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1attorney, if the Department has received written notice of
2representation from the attorney. If the Department has a
3record that a guardian has been appointed for the minor and a
4record of the last known address of the minor's court
5appointed guardian, the Independent Juvenile Ombudsperson
6shall send a notice to the guardian that the report is
7available and will be provided by the Independent Juvenile
8Ombudsperson upon request. If the Department has no record
9regarding the appointment of a guardian for the minor, and the
10Department's records include the last known addresses of the
11minor's parents, the Independent Juvenile Ombudsperson shall
12send a notice to the parents that the report is available and
13will be provided by the Independent Juvenile Ombudsperson upon
14request.
15(Source: P.A. 103-22, eff. 8-8-23.)