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| [ Introduced ] | [ Engrossed ] | [ House Amendment 003 ] |
90_HB0164ham001
LRB9000707DJcdam02
1 AMENDMENT TO HOUSE BILL 164
2 AMENDMENT NO. . Amend House Bill 164 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Abused and Neglected Child Reporting Act
5 is amended by adding Sections 4.5, 7.3d, 8.2a, and 8.2b and
6 changing Section 8.2 as follows:
7 (325 ILCS 5/4.5 new)
8 Sec. 4.5. Drug-affected newborn infant. If a blood,
9 urine, or meconium test administered to a newborn infant
10 indicates the presence of any amount of a controlled
11 substance as defined in subsection (f) of Section 102 of the
12 Illinois Controlled Substances Act, or a metabolite of a
13 controlled substance, the person interpreting the test
14 results shall immediately report that fact, together with the
15 name and address of the infant's mother, if known, to the
16 Department. If a petition is filed with the court alleging
17 that the newborn infant or a sibling of that infant is a
18 neglected or abused minor under the Juvenile Court Act of
19 1987, the Department shall make the report and information
20 available to the court and to the parties.
21 (325 ILCS 5/7.3d new)
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1 Sec. 7.3d. Assessments and referrals of
2 substance-abusing parents with children.
3 (a) The Department of Human Services, as successor to
4 the Department of Alcoholism and Substance Abuse, shall
5 select licensed programs to conduct assessments, referrals,
6 and monitoring of treatment outcomes for substance-abusing
7 parents with children involved with the Department of
8 Children and Family Services system. The licensed programs
9 shall utilize a standardized assessment protocol developed by
10 the Department of Human Services. The Department of Human
11 Services shall ensure that assessments, referrals, and
12 monitoring are conducted in compliance with federal
13 regulations governing the confidentiality of drug and alcohol
14 treatment records.
15 (b) If the Department of Children and Family Services
16 petitions the court under the Juvenile Court Act of 1987 to
17 temporarily remove the child from the parent's custody or to
18 take other action, the Department of Children and Family
19 Services shall require minimally an intake screening and
20 substance abuse assessment as deemed necessary by one of the
21 licensed programs selected by the Department of Human
22 Services. Information gathered by the Department of Children
23 and Family Services that is relevant to the intake screening
24 or assessment shall be made available to the licensed program
25 in accordance of federal confidentiality laws. The licensed
26 program shall report to the court the results of the intake
27 screening or assessment and recommend whether the parent
28 should be placed in treatment. The court may require the
29 parent to participate in treatment in order to regain or
30 retain custody of the parent's child. In evaluating
31 compliance with court-ordered treatment, the court shall give
32 consideration to the parent's ability to pay for treatment as
33 well as the availability of and access to the treatment
34 recommended. If the parent elects to participate in alcohol
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1 or drug treatment, the licensed program selected by the
2 Department of Human Services shall refer the parent to an
3 appropriate service provider. Nothing contained in this
4 Section shall prohibit the licensed program performing the
5 assessment from referring the parent to one of its programs
6 if that placement is appropriate.
7 The service provider shall develop a case management plan
8 for the parent's substance abuse treatment and other related
9 needs. The service provider shall monitor the parent's
10 compliance with and progress in treatment. The service
11 provider shall obtain appropriate client consent in
12 accordance with federal confidentiality laws to disclose this
13 information to the Department of Children and Family
14 Services, the court, and attorneys involved in the case.
15 (c) If the Department of Children and Family Services
16 does not petition the court, but instead opens the case, the
17 Department of Children and Family Services shall notify one
18 of the licensed programs selected by the Department of Human
19 Services to conduct a substance abuse assessment. This
20 licensed program shall report to the Department of Children
21 and Family Services the results of the assessment and
22 recommend whether the parent should be placed in treatment.
23 The Department of Children and Family Services may require
24 the parent to participate in treatment as part of the
25 Department's family preservation efforts. The licensed
26 program selected by the Department of Human Services shall
27 refer the parent to an appropriate service provider. Nothing
28 contained in this Section shall prohibit the licensed program
29 performing the assessment from referring the parent to one of
30 its programs if placement is appropriate.
31 The Department of Children and Family Services
32 caseworker, in cooperation with the service provider, shall
33 develop a case management plan that includes a comprehensive
34 treatment plan designed to address the parent's needs for
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1 substance abuse treatment and other addiction-related
2 services. The service provider shall monitor the parent's
3 compliance with progress in treatment and report back to the
4 Department of Children and Family Services on the parent's
5 progress in treatment. The service provider shall obtain
6 appropriate client consent in accordance with federal
7 confidentiality laws to disclose this information to the
8 Department.
9 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 8.2. If the Child Protective Service Unit
12 determines, following an investigation made pursuant to
13 Section 7.4 of this Act, that there is credible evidence that
14 the child is abused or neglected, the Department shall assess
15 the family's need for services, and, as necessary, develop,
16 with the family, an appropriate service plan for the family's
17 voluntary acceptance or refusal. In any case where there is
18 evidence that the perpetrator of the abuse or neglect is an
19 addict or alcoholic as defined in the Alcoholism and Other
20 Drug Abuse and Dependency Act, the Department, when making
21 referrals for drug or alcohol abuse services, shall make such
22 referrals to facilities licensed by the Department of
23 Alcoholism and Substance Abuse or the Department of Public
24 Health. The Department shall comply with Section 8.1 by
25 explaining its lack of legal authority to compel the
26 acceptance of services and may explain its noncommitant
27 authority to petition the Circuit court under the Juvenile
28 Court Act of 1987 or refer the case to the local law
29 enforcement authority or State's attorney for criminal
30 prosecution.
31 For purposes of this Act, the term "family preservation
32 services" refers to all services to prevent the placement of
33 children in substitute care, to reunite them with their
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1 families if so placed and if reunification is an appropriate
2 goal, or to maintain an adoptive placement. The term
3 "homemaker" includes emergency caretakers, homemakers,
4 caretakers, housekeepers and chore services. The term
5 "counseling" includes individual therapy, infant stimulation
6 therapy, family therapy, group therapy, self-help groups,
7 drug and alcohol abuse counseling, vocational counseling and
8 post-adoptive services. The term "day care" includes
9 protective day care and day care to meet educational,
10 prevocational or vocational needs. The term "emergency
11 assistance and advocacy" includes coordinated services to
12 secure emergency cash, food, housing and medical assistance
13 or advocacy for other subsistence and family protective
14 needs.
15 Before July 1, 2000, appropriate family preservation
16 services shall, subject to appropriation, be included in the
17 service plan if the Department has determined that those
18 services are in the child's best interests and when the child
19 will not be in imminent risk of harm. Beginning July 1,
20 2000, appropriate family preservation services shall be
21 uniformly available throughout the State. The Department
22 shall promptly notify children and families of the
23 Department's responsibility to offer and provide family
24 preservation services as identified in the service plan.
25 Such plans may include but are not limited to: case
26 management services; homemakers; counseling; parent
27 education; day care; emergency assistance and advocacy
28 assessments; respite care; in-home health care;
29 transportation to obtain any of the above services; and
30 medical assistance. Nothing in this paragraph shall be
31 construed to create a private right of action or claim on the
32 part of any individual or child welfare agency.
33 The Department shall provide a preliminary report to the
34 General Assembly no later than January 1, 1991, in regard to
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1 the provision of services authorized pursuant to this
2 Section. The report shall include:
3 (a) the number of families and children served, by
4 type of services;
5 (b) the outcome from the provision of such
6 services, including the number of families which remained
7 intact at least 6 months following the termination of
8 services;
9 (c) the number of families which have been subjects
10 of founded reports of abuse following the termination of
11 services;
12 (d) an analysis of general family circumstances in
13 which family preservation services have been determined
14 to be an effective intervention;
15 (e) information regarding the number of families in
16 need of services but unserved due to budget or program
17 criteria guidelines;
18 (f) an estimate of the time necessary for and the
19 annual cost of statewide implementation of such services;
20 (g) an estimate of the length of time before
21 expansion of these services will be made to include
22 families with children over the age of 6; and
23 (h) recommendations regarding any proposed
24 legislative changes to this program.
25 Each Department field office shall maintain on a local
26 basis directories of services available to children and
27 families in the local area where the Department office is
28 located.
29 The Department shall refer children and families served
30 pursuant to this Section to private agencies and governmental
31 agencies, where available.
32 Where there are 2 equal proposals from both a
33 not-for-profit and a for-profit agency to provide services,
34 the Department shall give preference to the proposal from the
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1 not-for-profit agency.
2 No service plan shall compel any child or parent to
3 engage in any activity or refrain from any activity which is
4 not reasonably related to remedying a condition or conditions
5 that gave rise or which could give rise to any finding of
6 child abuse or neglect.
7 Family preservation programs provided by the Department
8 or through a private agency under contract to the Department
9 shall be evaluated annually. A family preservation program
10 shall be deemed successful if the program meets the following
11 standards:
12 (a) Enables families to resolve their own problems,
13 effectively utilize service systems, and advocate for
14 their children in educational and social agencies.
15 (b) Enhances family functioning by building on
16 family strengths.
17 (c) At least 75% of the children receiving services
18 remain in their own home for 6 months after termination
19 of services.
20 (d) At least 95% of the children receiving services
21 are not the subject of reports of severe physical or
22 sexual abuse by those receiving services.
23 (e) During the first year after services to
24 families are terminated:
25 (i) At least 60% of the children receiving
26 services remain at home one year after services are
27 terminated.
28 (ii) The average length of stay in out-of-home
29 care of children selected to receive services who
30 have already been removed from their home and placed
31 in out-of-home care is 50% less than the average
32 length of stay in out-of-home care of children who
33 do not receive program services.
34 (f) Two years after the termination of family
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1 preservation services:
2 (i) The average length of out-of-home stay of
3 children under this Section who, at any time of
4 selection, are in out-of-home care, is 50% less than
5 the average length of stay in out-of-home care for
6 children in out-of-home care for children who do not
7 receive services under this Section.
8 (ii) At least 60% of the children who were
9 returned home under this Section remain at home.
10 The complete results of these evaluations shall be
11 provided in an annual report to the General Assembly by
12 February 1 of each year. In the event that any family
13 preservation program established under this Section is deemed
14 unsuccessful by the Department, the program shall not receive
15 further State funding until a corrective plan prepared by the
16 Department is implemented by the service provider.
17 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95.)
18 (Text of Section after amendment by P.A. 89-507)
19 Sec. 8.2. If the Child Protective Service Unit
20 determines, following an investigation made pursuant to
21 Section 7.4 of this Act, that there is credible evidence that
22 the child is abused or neglected, the Department shall assess
23 the family's need for services, and, as necessary, develop,
24 with the family, an appropriate service plan for the family's
25 voluntary acceptance or refusal. In any case where there is
26 evidence that the perpetrator of the abuse or neglect is an
27 addict or alcoholic as defined in the Alcoholism and Other
28 Drug Abuse and Dependency Act, the Department, when making
29 referrals for drug or alcohol abuse services, shall make such
30 referrals to facilities licensed by the Department of Human
31 Services or the Department of Public Health. The Department
32 shall comply with Section 8.1 by explaining its lack of legal
33 authority to compel the acceptance of services and may
34 explain its noncommitant authority to petition the Circuit
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1 court under the Juvenile Court Act of 1987 or refer the case
2 to the local law enforcement authority or State's attorney
3 for criminal prosecution.
4 For purposes of this Act, the term "family preservation
5 services" refers to all services to prevent the placement of
6 children in substitute care, to reunite them with their
7 families if so placed and if reunification is an appropriate
8 goal, or to maintain an adoptive placement. The term
9 "homemaker" includes emergency caretakers, homemakers,
10 caretakers, housekeepers and chore services. The term
11 "counseling" includes individual therapy, infant stimulation
12 therapy, family therapy, group therapy, self-help groups,
13 drug and alcohol abuse counseling, vocational counseling and
14 post-adoptive services. The term "day care" includes
15 protective day care and day care to meet educational,
16 prevocational or vocational needs. The term "emergency
17 assistance and advocacy" includes coordinated services to
18 secure emergency cash, food, housing and medical assistance
19 or advocacy for other subsistence and family protective
20 needs.
21 Before July 1, 2000, appropriate family preservation
22 services shall, subject to appropriation, be included in the
23 service plan if the Department has determined that those
24 services are in the child's best interests and when the child
25 will not be in imminent risk of harm. Beginning July 1,
26 2000, appropriate family preservation services shall be
27 uniformly available throughout the State. The Department
28 shall promptly notify children and families of the
29 Department's responsibility to offer and provide family
30 preservation services as identified in the service plan.
31 Such plans may include but are not limited to: case
32 management services; homemakers; counseling; parent
33 education; day care; emergency assistance and advocacy
34 assessments; respite care; in-home health care;
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1 transportation to obtain any of the above services; and
2 medical assistance. Nothing in this paragraph shall be
3 construed to create a private right of action or claim on the
4 part of any individual or child welfare agency.
5 The Department shall provide a preliminary report to the
6 General Assembly no later than January 1, 1991, in regard to
7 the provision of services authorized pursuant to this
8 Section. The report shall include:
9 (a) the number of families and children served, by
10 type of services;
11 (b) the outcome from the provision of such
12 services, including the number of families which remained
13 intact at least 6 months following the termination of
14 services;
15 (c) the number of families which have been subjects
16 of founded reports of abuse following the termination of
17 services;
18 (d) an analysis of general family circumstances in
19 which family preservation services have been determined
20 to be an effective intervention;
21 (e) information regarding the number of families in
22 need of services but unserved due to budget or program
23 criteria guidelines;
24 (f) an estimate of the time necessary for and the
25 annual cost of statewide implementation of such services;
26 (g) an estimate of the length of time before
27 expansion of these services will be made to include
28 families with children over the age of 6; and
29 (h) recommendations regarding any proposed
30 legislative changes to this program.
31 Each Department field office shall maintain on a local
32 basis directories of services available to children and
33 families in the local area where the Department office is
34 located.
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1 The Department shall refer children and families served
2 pursuant to this Section to private agencies and governmental
3 agencies, where available.
4 Where there are 2 equal proposals from both a
5 not-for-profit and a for-profit agency to provide services,
6 the Department shall give preference to the proposal from the
7 not-for-profit agency.
8 No service plan shall compel any child or parent to
9 engage in any activity or refrain from any activity which is
10 not reasonably related to remedying a condition or conditions
11 that gave rise or which could give rise to any finding of
12 child abuse or neglect.
13 Family preservation programs provided by the Department
14 or through a private agency under contract to the Department
15 shall be evaluated annually. A family preservation program
16 shall be deemed successful if the program meets the following
17 standards:
18 (a) Enables families to resolve their own problems,
19 effectively utilize service systems, and advocate for
20 their children in educational and social agencies.
21 (b) Enhances family functioning by building on
22 family strengths.
23 (c) At least 75% of the children receiving services
24 remain in their own home for 6 months after termination
25 of services.
26 (d) At least 95% of the children receiving services
27 are not the subject of reports of severe physical or
28 sexual abuse by those receiving services.
29 (e) During the first year after services to
30 families are terminated:
31 (i) At least 60% of the children receiving
32 services remain at home one year after services are
33 terminated.
34 (ii) The average length of stay in out-of-home
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1 care of children selected to receive services who
2 have already been removed from their home and placed
3 in out-of-home care is 50% less than the average
4 length of stay in out-of-home care of children who
5 do not receive program services.
6 (f) Two years after the termination of family
7 preservation services:
8 (i) The average length of out-of-home stay of
9 children under this Section who, at any time of
10 selection, are in out-of-home care, is 50% less than
11 the average length of stay in out-of-home care for
12 children in out-of-home care for children who do not
13 receive services under this Section.
14 (ii) At least 60% of the children who were
15 returned home under this Section remain at home.
16 The complete results of these evaluations shall be
17 provided in an annual report to the General Assembly by
18 February 1 of each year. In the event that any family
19 preservation program established under this Section is deemed
20 unsuccessful by the Department, the program shall not receive
21 further State funding until a corrective plan prepared by the
22 Department is implemented by the service provider.
23 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95;
24 89-507, eff. 7-1-97.)
25 (325 ILCS 5/8.2a new)
26 Sec. 8.2a. Family preservation or family reunification
27 parent education. Each agency or entity that offers a parent
28 education course as a part of a family preservation or family
29 reunification effort for a parent or parents of a child who
30 has been the subject of a child abuse or neglect report under
31 this Act, is subject to an adjudication or is in the process
32 of being adjudicated a dependent child of the court, or whose
33 family is participating in a voluntary maintenance program
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1 shall meet all of the requirements specified in this Section.
2 Organizations that receive State funding for the purpose of
3 providing parenting courses shall meet those requirements as
4 a condition of receiving State funding. The requirements are
5 as follows:
6 (a) Each parenting course shall be no more than 6 months
7 in duration and shall meet for a specified number of hours
8 determined by each program as sufficient to meet all of the
9 requirements listed in subdivision (b).
10 (b) The curriculum shall include the following
11 components:
12 (1) Building self-esteem, including, but not
13 limited to, parents building a positive parental identity
14 and building the self-esteem of their children.
15 (2) Handling stress and anger.
16 (3) Fostering the growth and development of
17 children, including, but not limited to, safety,
18 nutrition, and health.
19 (4) Developing and increasing communication skills
20 in order that a parent may learn to listen and speak with
21 his or her child or children.
22 (5) Learning to use positive disciplinary
23 mechanisms as alternatives to the physical punishment of
24 a child, including, but not limited to, learning what
25 constitutes abuse and neglect.
26 (6) Learning the boundaries of permissive sexual
27 conduct by adults with regard to children.
28 (7) Referral to a substance or alcohol abuse
29 diagnostic program if there is a history of substance or
30 alcohol abuse in the child's family.
31 (8) Respect for, and sensitivity to, cultural
32 differences in child rearing practices in addressing all
33 of the topics listed in paragraphs (1) to (7), inclusive.
34 (c) Each parenting course is encouraged to have a
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1 maximum parent teacher ratio of 15 parents for each teacher.
2 (d) Each parenting course is encouraged to conduct an
3 initial assessment and interview of each parent enrolled in
4 the course.
5 (e) Each parenting course shall give a preliminary
6 examination prior to the start of the course and an
7 examination at the conclusion of the course to measure
8 changes in parental attitudes.
9 (f) Each parenting course shall enter into a written
10 agreement with each parent with respect to the
11 responsibilities a parent shall satisfy in order to pass the
12 course.
13 (g) The staff of each parenting course shall have
14 training in the following areas:
15 (1) The prevention of child abuse and neglect.
16 (2) Parenting techniques.
17 (h) Each parenting course shall provide the following
18 information to the appropriate regional or area office of the
19 Department for the region or area in which the course is
20 taught, for clients referred through the Department:
21 (1) Level of participation by parents.
22 (2) Number of course hours completed.
23 (3) Topics covered during attendance in class by a
24 parent and topics covered during a parent's absence from
25 class.
26 (4) Assessment of a parent's gain in his or her
27 knowledge about parenting as demonstrated by tests prior
28 to and after the parenting course.
29 (325 ILCS 5/8.2b new)
30 Sec. 8.2b. Service plan guidelines. The following
31 guidelines shall be fully considered when determining whether
32 the child's family is willing and able to provide the child
33 with a safe family home:
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1 (1) The age and the physical and mental
2 vulnerability of the child.
3 (2) The date or dates upon which the child was
4 placed out of the family home, and the date or dates of
5 any subsequent change in placement.
6 (3) The magnitude of the harm suffered by the
7 child.
8 (4) The frequency of the harm suffered by the
9 child.
10 (5) Whether the child has been the victim of
11 repeated harm after an initial report and intervention by
12 a social agency.
13 (6) Whether the child is fearful of living in or
14 returning to the child's family home.
15 (7) The results of psychiatric, psychological,
16 developmental evaluations of the child, the alleged
17 perpetrator, and other appropriate family members who are
18 parties.
19 (8) Whether there is a history of abusive or
20 assaultive conduct by the child's family or others who
21 have access to the child's family home.
22 (9) Whether the non-perpetrators who reside in the
23 child's home are willing and able to protect the child.
24 (10) Whether the perpetrator of the harm to the
25 child is identified.
26 (11) Whether the perpetrator has admitted and
27 acknowledged his or her responsibility for the harm.
28 (12) Whether the perpetrator has been removed from
29 the child's family home prior to any removal of the child
30 and will not return for any reason without prior
31 permission of the court. If necessary, the perpetrator
32 shall be removed from the child's family home by court
33 order under Section 2-25 of the Juvenile Court Act of
34 1987.
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1 (13) The willingness and ability of the child's
2 family to seek out, accept, and complete counseling
3 services, and to cooperate with and facilitate close
4 supervision by an appropriate social agency.
5 (14) The willingness and ability of the child's
6 family to effect positive environmental and personal
7 changes within a reasonable period of time.
8 (15) Whether the child's family demonstrates
9 adequate parenting skills, such as providing the child
10 and other children under their care with the following:
11 (A) Minimally adequate health and nutritional
12 care.
13 (B) Stimulation, care, nurturance, and
14 appropriate discipline consistent with the child's
15 physical and psychological development.
16 (C) Guidance and supervision consistent with
17 the child's safety.
18 (D) A safe physical home environment.
19 (E) Protection from repeated exposure to
20 violence, even though not directed at the child.
21 (16) Whether the child's family problems relating
22 to the safety of the family home are sufficiently
23 resolved.
24 (17) Whether a competent person knows the child's
25 family well enough to have sufficient contact and
26 knowledge to recognize both immediate and pending
27 problems.
28 (18) Whether the competent person in paragraph (17)
29 can and will intervene and help, as well as report, when
30 a problem is recognized.
31 (19) Whether there is available a social support
32 system consisting of an extended family and friends.
33 (20) Whether there are other professionals,
34 agencies, or relatives who have provided evidence that
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1 the child's family home is safe.
2 Section 10. The Juvenile Court Act of 1987 is amended by
3 changing Sections 2-24 and 2-25 as follows:
4 (705 ILCS 405/2-24) (from Ch. 37, par. 802-24)
5 Sec. 2-24. Protective supervision.
6 (1) If the order of disposition, following a
7 determination of the best interests of the minor, releases
8 the minor to the custody of his parents, guardian or legal
9 custodian, or continues him in such custody, the court may,
10 if it is in the best interests of the minor, place the person
11 having custody of the minor, except for representatives of
12 private or public agencies or governmental departments, under
13 supervision of the probation office. Rules or orders of court
14 shall define the terms and conditions of protective
15 supervision, which may be modified or terminated when the
16 court finds that the best interests of the minor and the
17 public will be served thereby.
18 (2) Following a temporary custody hearing or a
19 determination of the best interests of a minor at a
20 dispositional hearing, the court shall enter an order of
21 protective supervision if the court releases the minor to the
22 custody of the minor's parent, guardian, or legal custodian
23 or continues the minor in the custody of the minor's parent,
24 guardian, or legal custodian and if the court also makes
25 either of the following findings:
26 (a) The minor is a newborn infant whose blood,
27 urine, or meconium contains any amount of a controlled
28 substance as defined in subsection (f) of Section 102 of
29 the Illinois Controlled Substances Act or a metabolite of
30 such a controlled substance; or
31 (b) The minor was adjudicated an abused minor or a
32 neglected minor based in whole or in part on a finding
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1 that the minor's parent or other person responsible for
2 the minor's care illegally used a controlled substance or
3 cannabis and that the use contributed to the minor's
4 abuse or neglect.
5 The order of protective supervision shall require, as a
6 condition of the placement of the minor, that each adult
7 individual residing in the household in which the minor is
8 placed and for whom there is reason to believe that the adult
9 is a substance abuser undergo drug testing as is deemed
10 appropriate to determine the presence of the suspected
11 illegal use of a controlled substance or cannibis.
12 The entity conducting the drug test or tests required
13 under the order of protective supervision shall be a program
14 licensed by the Department of Human Services and shall make
15 the test results available to the court and to the parties.
16 After receiving the test results, the court may enter any
17 necessary order based on the best interests of the minor.
18 (Source: P.A. 88-7.)
19 (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
20 Sec. 2-25. Order of protection.
21 (1) The court may make an order of protection in
22 assistance of or as a condition of any other order authorized
23 by this Act. The order of protection shall be based on the
24 best interests of the minor and may set forth reasonable
25 conditions of behavior to be observed for a specified period.
26 Such an order may require a person:
27 (a) To stay away from the home or the minor;
28 (b) To permit a parent to visit the minor at stated
29 periods;
30 (c) To abstain from offensive conduct against the
31 minor, his parent or any person to whom custody of the
32 minor is awarded;
33 (d) To give proper attention to the care of the
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1 home;
2 (e) To cooperate in good faith with an agency to
3 which custody of a minor is entrusted by the court or
4 with an agency or association to which the minor is
5 referred by the court;
6 (f) To prohibit and prevent any contact whatsoever
7 with the respondent minor by a specified individual or
8 individuals who are alleged in either a criminal or
9 juvenile proceeding to have caused injury to a respondent
10 minor or a sibling of a respondent minor;
11 (g) To refrain from acts of commission or omission
12 that tend to make the home not a proper place for the
13 minor.
14 (2) The court shall enter an order of protection to
15 prohibit and prevent any contact between a respondent minor
16 or a sibling of a respondent minor and any person named in a
17 petition seeking an order of protection who has been
18 convicted of heinous battery under Section 12-4.1, aggravated
19 battery of a child under Section 12-4.3, criminal sexual
20 assault under Section 12-13, aggravated criminal sexual
21 assault under Section 12-14, predatory criminal sexual
22 assault of a child under Section 12-14.1, criminal sexual
23 abuse under Section 12-15, or aggravated criminal sexual
24 abuse under Section 12-16 of the Criminal Code of 1961, or
25 has been convicted of an offense that resulted in the death
26 of a child, or has violated a previous order of protection
27 under this Section.
28 (3) When the court issues an order of protection against
29 any person as provided by this Section, the court shall
30 direct a copy of such order to the Sheriff of that county.
31 The Sheriff shall furnish a copy of the order of protection
32 to the Department of State Police with 24 hours of receipt,
33 in the form and manner required by the Department. The
34 Department of State Police shall maintain a complete record
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1 and index of such orders of protection and make this data
2 available to all local law enforcement agencies.
3 (4) After notice and opportunity for hearing afforded to
4 a person subject to an order of protection, the order may be
5 modified or extended for a further specified period or both
6 or may be terminated if the court finds that the best
7 interests of the minor and the public will be served thereby.
8 (5) An order of protection may be sought at any time
9 during the course of any proceeding conducted pursuant to
10 this Act if such an order is in the best interests of the
11 minor. Any person against whom an order of protection is
12 sought may retain counsel to represent him at a hearing, and
13 has rights to be present at the hearing, to be informed prior
14 to the hearing in writing of the contents of the petition
15 seeking a protective order and of the date, place and time of
16 such hearing, and to cross examine witnesses called by the
17 petitioner and to present witnesses and argument in
18 opposition to the relief sought in the petition.
19 (6) Diligent efforts shall be made by the petitioner to
20 serve any person or persons against whom any order of
21 protection is sought with written notice of the contents of
22 the petition seeking a protective order and of the date,
23 place and time at which the hearing on the petition is to be
24 held. When a protective order is being sought in conjunction
25 with a temporary custody hearing, if the court finds that the
26 person against whom the protective order is being sought has
27 been notified of the hearing or that diligent efforts have
28 been made to notify such person, the court may conduct a
29 hearing. If a protective order is sought at any time other
30 than in conjunction with a temporary custody hearing, the
31 court may not conduct a hearing on the petition in the
32 absence of the person against whom the order is sought unless
33 the petitioner has notified such person by personal service
34 at least 3 days before the hearing or has sent written
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1 notice by first class mail to such person's last known
2 address at least 5 days before the hearing.
3 (7) A person against whom an order of protection is
4 being sought who is neither a parent, guardian, legal
5 custodian or responsible relative as described in Section 1-5
6 is not a party or respondent as defined in that Section and
7 shall not be entitled to the rights provided therein. Such
8 person does not have a right to appointed counsel or to be
9 present at any hearing other than the hearing in which the
10 order of protection is being sought or a hearing directly
11 pertaining to that order. Unless the court orders otherwise,
12 such person does not have a right to inspect the court file.
13 (8) All protective orders entered under this Section
14 shall be in writing. Unless the person against whom the
15 order was obtained was present in court when the order was
16 issued, the sheriff, other law enforcement official or
17 special process server shall promptly serve that order upon
18 that person and file proof of such service, in the manner
19 provided for service of process in civil proceedings. The
20 person against whom the protective order was obtained may
21 seek a modification of the order by filing a written motion
22 to modify the order within 7 days after actual receipt by the
23 person of a copy of the order. Any modification of the order
24 granted by the court must be determined to be consistent with
25 the best interests of the minor.
26 (9) Following a temporary custody hearing or a
27 determination of the best interests of a minor at a
28 dispositional hearing, the court shall enter an order of
29 protection if the court releases the minor to the custody of
30 the minor's parent, guardian, or legal custodian or continues
31 the minor in the custody of the minor's parent, guardian, or
32 legal custodian and if the court also makes either of the
33 following findings:
34 (a) The minor is a newborn infant whose blood,
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1 urine, or meconium contains any amount of a controlled
2 substance as defined in subsection (f) of Section 102 of
3 the Illinois Controlled Substances Act or a metabolite of
4 such a controlled substance; or
5 (b) The minor was adjudicated an abused minor or a
6 neglected minor based in whole or in part on a finding
7 that the minor's parent or other person responsible for
8 the minor's care illegally used a controlled substance or
9 cannabis and that the use contributed to the minor's
10 abuse or neglect.
11 The order of protection shall require, as a condition of
12 the placement of the minor, that each adult individual
13 residing in the household in which the minor is placed and
14 for whom there is reason to believe that the adult is a
15 substance abuser undergo drug testing as is deemed
16 appropriate to determine the presence of the suspected
17 illegal use of a controlled substance or cannabis.
18 The entity conducting the drug test or tests required
19 under the order of protection shall be a program licensed by
20 the Department of Human Service and shall make the test
21 results available to the court and to the parties. After
22 receiving the test results, the court may enter any necessary
23 order based on the best interests of the minor.
24 (Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
25 5-29-96.)
26 Section 95. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".