SB0031 - 104th General Assembly
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1 | AN ACT concerning courts. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||
5 | changing 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 | |||||||||||||||||||
9 | of the person appointed under this Act, including the | |||||||||||||||||||
10 | Department of Juvenile Justice for youth committed under | |||||||||||||||||||
11 | Section 5-750 of this Act, to report periodically to the court | |||||||||||||||||||
12 | or may cite the legal custodian or guardian into court and | |||||||||||||||||||
13 | require the legal custodian or guardian, or the legal | |||||||||||||||||||
14 | custodian's or guardian's agency, to make a full and accurate | |||||||||||||||||||
15 | report of the doings of the legal custodian, guardian, or | |||||||||||||||||||
16 | agency on behalf of the minor, including efforts to secure | |||||||||||||||||||
17 | post-release placement of the youth after release from the | |||||||||||||||||||
18 | Department's facilities. The legal custodian or guardian, | |||||||||||||||||||
19 | within 10 days after the citation, shall make the report, | |||||||||||||||||||
20 | either in writing verified by affidavit or orally under oath | |||||||||||||||||||
21 | in open court, or otherwise as the court directs. Upon the | |||||||||||||||||||
22 | hearing of the report the court may remove the legal custodian | |||||||||||||||||||
23 | or guardian and appoint another in the legal custodian's or |
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1 | guardian's stead or restore the minor to the custody of the | ||||||
2 | minor's parents or former guardian or legal custodian. | ||||||
3 | (2) If the Department of Children and Family Services is | ||||||
4 | appointed legal custodian or guardian of a minor under Section | ||||||
5 | 5-740 of this Act, the Department of Children and Family | ||||||
6 | Services shall file updated case plans with the court every 6 | ||||||
7 | months. Every agency which has guardianship of a child shall | ||||||
8 | file a supplemental petition for court review, or review by an | ||||||
9 | administrative body appointed or approved by the court and | ||||||
10 | further order within 18 months of the sentencing order and | ||||||
11 | each 18 months thereafter. The petition shall state facts | ||||||
12 | relative to the child's present condition of physical, mental | ||||||
13 | and emotional health as well as facts relative to the minor's | ||||||
14 | present custodial or foster care. The petition shall be set | ||||||
15 | for hearing and the clerk shall mail 10 days notice of the | ||||||
16 | hearing by certified mail, return receipt requested, to the | ||||||
17 | person or agency having the physical custody of the child, the | ||||||
18 | minor and other interested parties unless a written waiver of | ||||||
19 | notice is filed with the petition. | ||||||
20 | If the minor is in the custody of the Illinois Department | ||||||
21 | of Children and Family Services, pursuant to an order entered | ||||||
22 | under this Article, the court shall conduct permanency | ||||||
23 | hearings 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 | ||||||
26 | enforceable against any public agency by complaints for relief |
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1 | by mandamus filed in any proceedings brought under this Act. | ||||||
2 | (3) The minor or any person interested in the minor may | ||||||
3 | apply to the court for a change in custody of the minor and the | ||||||
4 | appointment of a new custodian or guardian of the person or for | ||||||
5 | the restoration of the minor to the custody of the minor's | ||||||
6 | parents or former guardian or custodian. In the event that the | ||||||
7 | minor has attained 18 years of age and the guardian or | ||||||
8 | custodian petitions the court for an order terminating the | ||||||
9 | minor's guardianship or custody, guardianship or legal custody | ||||||
10 | shall terminate automatically 30 days after the receipt of the | ||||||
11 | petition unless the court orders otherwise. No legal custodian | ||||||
12 | or guardian of the person may be removed without the legal | ||||||
13 | custodian's or guardian's consent until given notice and an | ||||||
14 | opportunity to be heard by the court. | ||||||
15 | (4) If the minor is committed to the Department of | ||||||
16 | Juvenile Justice under Section 5-750 of this Act, the | ||||||
17 | Department shall notify the court in writing of the occurrence | ||||||
18 | of 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. | ||||||
14 | The notification required by this subsection (4) shall contain | ||||||
15 | a brief description of the incident or situation and a summary | ||||||
16 | of the youth's current physical, mental, and emotional health | ||||||
17 | and the actions the Department took in response to the | ||||||
18 | incident or to identify an aftercare release host site, as | ||||||
19 | applicable. Upon receipt of the notification, the court may | ||||||
20 | require 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 | ||||||
23 | the court under this Section, the Independent Juvenile | ||||||
24 | Ombudsperson shall provide a copy to the minor's court | ||||||
25 | appointed guardian ad litem, if the Department has received | ||||||
26 | written notice of the appointment, and to the minor's |
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1 | attorney, if the Department has received written notice of | ||||||
2 | representation from the attorney. If the Department has a | ||||||
3 | record that a guardian has been appointed for the minor and a | ||||||
4 | record of the last known address of the minor's court | ||||||
5 | appointed guardian, the Independent Juvenile Ombudsperson | ||||||
6 | shall send a notice to the guardian that the report is | ||||||
7 | available and will be provided by the Independent Juvenile | ||||||
8 | Ombudsperson upon request. If the Department has no record | ||||||
9 | regarding the appointment of a guardian for the minor, and the | ||||||
10 | Department's records include the last known addresses of the | ||||||
11 | minor's parents, the Independent Juvenile Ombudsperson shall | ||||||
12 | send a notice to the parents that the report is available and | ||||||
13 | will be provided by the Independent Juvenile Ombudsperson upon | ||||||
14 | request. | ||||||
15 | (Source: P.A. 103-22, eff. 8-8-23.) |
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