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| [ Introduced ] | [ House Amendment 001 ] |
90_HB0063ham002
LRB9000712DJcdam05
1 AMENDMENT TO HOUSE BILL 63
2 AMENDMENT NO. . Amend House Bill 63, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT to amend the Juvenile Court Act of 1987 by
5 changing certain Sections."; and
6 by inserting immediately below the enacting clause the
7 following:
8 "Section 5. The Juvenile Court Act of 1987 is amended by
9 changing Section 2-28 as follows:
10 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
11 Sec. 2-28. Court review.
12 (1) The court may require any legal custodian or
13 guardian of the person appointed under this Act to report
14 periodically to the court or may cite him into court and
15 require him or his agency, to make a full and accurate report
16 of his or its doings in behalf of the minor. The custodian
17 or guardian, within 10 days after such citation, shall make
18 the report, either in writing verified by affidavit or orally
19 under oath in open court, or otherwise as the court directs.
20 Upon the hearing of the report the court may remove the
21 custodian or guardian and appoint another in his stead or
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1 restore the minor to the custody of his parents or former
2 guardian or custodian. However, custody of the minor shall
3 not be restored to any parent, guardian or legal custodian in
4 any case in which the minor is found to be neglected or
5 abused under Section 2-3 of this Act, unless it is in the
6 best interests of the minor, and if such neglect or abuse is
7 found by the court under paragraph (2) of Section 2-21 of
8 this Act to be the result of physical abuse inflicted on the
9 minor by such parent, guardian or legal custodian, until such
10 time as an investigation is made as provided in paragraph (5)
11 and a hearing is held on the issue of the fitness of such
12 parent, guardian or legal custodian to care for the minor and
13 the court enters an order that such parent, guardian or legal
14 custodian is fit to care for the minor.
15 (2) Permanency hearings shall be conducted by the court,
16 or by hearing officers appointed or approved by the court in
17 the manner set forth in Section 2-28.1 of this Act.
18 Permanency hearings shall be held every 12 months or more
19 frequently if necessary in the court's determination
20 following the initial permanency hearing, in accordance with
21 the standards set forth in this Section, until the court
22 determines that the plan and goal have been achieved. Once
23 the plan and goal have been achieved, if the minor remains in
24 substitute care, the case shall be reviewed at least every 12
25 months thereafter, subject to the provisions of this Section.
26 Notice in compliance with Sections 2-15 and 2-16 must
27 have been given to all parties-respondent before proceeding
28 to a permanency hearing.
29 The public agency that is the custodian or guardian of
30 the minor, or another agency responsible for the minor's
31 care, shall ensure that all parties to the permanency
32 hearings are provided a copy of the most recent service plan
33 prepared within the prior 6 months at least 14 days in
34 advance of the hearing. If not contained in the plan, the
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1 agency shall also include a report setting forth (i) any
2 special physical, psychological, educational, medical,
3 emotional, or other needs of the minor or his or her family
4 that are relevant to a permanency or placement determination
5 and (ii) for any minor age 16 or over, a written description
6 of the programs and services that will enable the minor to
7 prepare for independent living. If a permanency review
8 hearing has not previously been scheduled by the court, the
9 moving party shall move for the setting of a permanency
10 hearing and the entry of an order within the time frames set
11 forth in this subsection.
12 At the permanency hearing, the court shall determine the
13 future status of the child. The court shall review (i) the
14 appropriateness of the permanency goal, (ii) the
15 appropriateness of the plan to achieve the goal, (iii) the
16 appropriateness of the services contained in the plan and
17 whether those services have been provided, (iv) whether
18 reasonable efforts have been made by all the parties to the
19 service plan to achieve the goal, and (v) whether the plan
20 and goal have been achieved. All evidence relevant to
21 determining these questions, including oral and written
22 reports, may be admitted and may be relied on to the extent
23 of their probative value.
24 In reviewing the permanency goal and the most recent
25 service plan prepared within the prior 6 months, the standard
26 of review to be employed by the court shall be whether the
27 Department of Children and Family Services, in setting the
28 permanency goal and the service plan, abused its discretion
29 in light of the best interests of the child, the permanency
30 alternatives, and the facts in the individual case.
31 If the plan and goal are found to be appropriate and to
32 have been achieved, the court shall enter orders that are
33 necessary to conform the minor's legal custody and status to
34 those findings.
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1 If, after receiving evidence, the court determines that
2 the Department of Children and Family Services abused its
3 discretion in identifying services contained in the plan that
4 are not reasonably calculated to facilitate achievement of
5 the permanency goal, the court shall put in writing the
6 factual basis supporting the determination and enter specific
7 findings based on the evidence. The court also shall enter
8 an order for the Department to develop and implement a new
9 service plan or to implement changes to the current service
10 plan consistent with the court's findings. The new service
11 plan shall be filed with the court and served on all parties
12 within 45 days of the date of the order. The court shall
13 continue the matter until the new service plan is filed.
14 Unless otherwise specifically authorized by law, the court is
15 not empowered under this subsection (2) or under subsection
16 (3) to order specific placements, specific services, or
17 specific service providers to be included in the plan.
18 If, after receiving evidence, the court determines that
19 the Department of Children and Family Services abused its
20 discretion in setting a permanency goal that is not in the
21 best interests of the minor, the court shall enter specific
22 findings in writing based on the evidence. The court also
23 shall enter an order for the Department to set a new
24 permanency goal and to develop and implement a new service
25 plan that is consistent with the court's findings. The new
26 service plan shall be filed with the court and served on all
27 parties within 45 days of the date of the order. The court
28 shall continue the matter until the new service plan is
29 filed.
30 A guardian or custodian appointed by the court pursuant
31 to this Act shall file updated case plans with the court
32 every 6 months.
33 Rights of wards of the court under this Act are
34 enforceable against any public agency by complaints for
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1 relief by mandamus filed in any proceedings brought under
2 this Act.
3 (3) Following the permanency hearing, the court shall
4 enter an order setting forth the following determinations in
5 writing:
6 (a) The future status of the minor, including but
7 not limited to whether the minor should be returned to
8 the parent, should be continued in the care of the
9 Department of Children and Family Services or other
10 agency for a specified period, should be placed for
11 adoption, should be emancipated, or should (because of
12 the minor's special needs or circumstances) be continued
13 in the care of the Department of Children and Family
14 Services or other agency on a permanent or long-term
15 basis, and any orders necessary to conform the minor's
16 legal custody and status to such determination; or
17 (b) if the future status of the minor cannot be
18 achieved immediately, the specific reasons for continuing
19 the minor in the care of the Department of Children and
20 Family Services or other agency for short term placement,
21 and the following determinations:
22 (i) Whether the permanency goal is in the best
23 interests of the minor, or whether the Department of
24 Children and Family Services abused its discretion
25 in setting a goal that is not in the best interests
26 of the minor.
27 (ii) Whether the services required by the
28 court and by any service plan prepared within the
29 prior 6 months have been provided and (A) if so,
30 whether the services were reasonably calculated to
31 facilitate the achievement of the permanency goal or
32 (B) if not provided, why the services were not
33 provided.
34 (iii) Whether the minor's placement is
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1 necessary, and appropriate to the plan and goal,
2 recognizing the right of minors to the least
3 restrictive (most family-like) setting available and
4 in close proximity to the parents' home consistent
5 with the best interest and special needs of the
6 minor and, if the minor is placed out-of-State,
7 whether the out-of-State placement continues to be
8 appropriate and in the best interest of the minor.
9 (iv) Whether, because of any of the findings
10 under subparagraphs (i) through (iii), the
11 Department of Children and Family Services should be
12 ordered to set a new permanency goal or develop and
13 implement a new service plan consistent with such
14 findings.
15 (v) Whether any orders to effectuate the
16 completion of a plan or goal are necessary,
17 including conforming the minor's custody or status
18 to a goal being achieved.
19 Any order entered pursuant to this subsection (3) shall
20 be immediately appealable as a matter of right under Supreme
21 Court Rule 304(b)(1).
22 (4) The minor or any person interested in the minor may
23 apply to the court for a change in custody of the minor and
24 the appointment of a new custodian or guardian of the person
25 or for the restoration of the minor to the custody of his
26 parents or former guardian or custodian. However, custody of
27 the minor shall not be restored to any parent, guardian or
28 legal custodian in any case in which the minor is found to be
29 neglected or abused under Section 2-3 of this Act, unless it
30 is in the best interest of the minor, and if such neglect or
31 abuse is found by the court under paragraph (2) of Section
32 2-21 of this Act to be the result of physical abuse inflicted
33 on the minor by such parent, guardian or legal custodian,
34 until such time as an investigation is made as provided in
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1 paragraph (4) and a hearing is held on the issue of the
2 fitness of such parent, guardian or legal custodian to care
3 for the minor and the court enters an order that such parent,
4 guardian or legal custodian is fit to care for the minor. In
5 the event that the minor has attained 18 years of age and the
6 guardian or custodian petitions the court for an order
7 terminating his guardianship or custody, guardianship or
8 custody shall terminate automatically 30 days after the
9 receipt of the petition unless the court orders otherwise.
10 No legal custodian or guardian of the person may be removed
11 without his consent until given notice and an opportunity to
12 be heard by the court.
13 (5) Whenever a parent, guardian, or legal custodian
14 petitions for restoration of custody of the minor, and the
15 minor was adjudicated neglected or abused as a result of
16 physical abuse, the court shall cause to be made an
17 investigation as to whether the petitioner has ever been
18 charged with or convicted of any criminal offense which would
19 indicate the likelihood of any further physical abuse to the
20 minor. Evidence of such criminal convictions shall be taken
21 into account in determining fitness of the parent, guardian,
22 or legal custodian.
23 (a) Any agency of this State or any subdivision
24 thereof shall co-operate with the agent of the court in
25 providing any information sought in the investigation.
26 (b) The information derived from the investigation
27 and any conclusions or recommendations derived from the
28 information shall be provided to the parent, guardian, or
29 legal custodian seeking restoration of custody prior to
30 the hearing on fitness and the petitioner shall have an
31 opportunity at the hearing to refute the information or
32 contest its significance.
33 (c) All information obtained from any investigation
34 shall be confidential as provided in Section 1-10 of this
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1 Act.
2 (6) In the case of a minor whose permanency goal has not
3 been achieved within 24 months after adjudication of
4 wardship, the public agency that is the guardian or custodian
5 of the minor shall immediately file a petition to (i)
6 transfer the custody of the minor to his or her natural
7 parent or parents; (ii) transfer the custody of the minor to
8 a relative other than the minor's natural parent; (iii)
9 terminate residual parental rights under the Adoption Act; or
10 (iv) place the minor in permanent substitute care. The court
11 shall consider the petition in light of the minor's best
12 interests and shall enter all orders that are necessary to
13 conform the minor's legal custody and status to its
14 determination.
15 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
16 12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
17 eff. 8-9-96.)"; and
18 by renumbering all subsequent Sections in multiples of 5
19 beginning with the number "10".