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90_HB0164ham003
LRB9000707DJmgam04
1 AMENDMENT TO HOUSE BILL 164
2 AMENDMENT NO. . Amend House Bill 164, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Abused and Neglected Child Reporting Act
6 is amended by adding Sections 4.5, 7.3d, and 8.2a and
7 changing Section 8.2 as follows:
8 (325 ILCS 5/4.5 new)
9 Sec. 4.5. Drug-affected newborn infant. If a blood,
10 urine, or meconium test administered to a newborn infant
11 indicates the presence of any amount of a controlled
12 substance as defined in subsection (f) of Section 102 of the
13 Illinois Controlled Substances Act, or a metabolite of a
14 controlled substance, the person interpreting the test
15 results shall immediately report that fact, together with the
16 name and address of the infant's mother, if known, to the
17 Department. If a petition is filed with the court alleging
18 that the newborn infant or a sibling of that infant is a
19 neglected or abused minor under the Juvenile Court Act of
20 1987, the Department shall make the report and information
21 available to the court and to the parties.
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1 (325 ILCS 5/7.3d new)
2 Sec. 7.3d. Assessments and referrals of
3 substance-abusing parents with children.
4 (a) The Department of Human Services, as successor to
5 the Department of Alcoholism and Substance Abuse, shall
6 select licensed programs to conduct assessments, referrals,
7 and monitoring of treatment outcomes for substance-abusing
8 parents with children involved with the Department of
9 Children and Family Services system. The licensed programs
10 shall utilize a standardized assessment protocol developed by
11 the Department of Human Services. The Department of Human
12 Services shall ensure that assessments, referrals, and
13 monitoring are conducted in compliance with federal
14 regulations governing the confidentiality of drug and alcohol
15 treatment records.
16 (b) If the Department of Children and Family Services
17 petitions the court under the Juvenile Court Act of 1987 to
18 temporarily remove the child from the parent's custody or to
19 take other action, the Department of Children and Family
20 Services shall require minimally an intake screening and
21 substance abuse assessment as deemed necessary by one of the
22 licensed programs selected by the Department of Human
23 Services. Information gathered by the Department of Children
24 and Family Services that is relevant to the intake screening
25 or assessment shall be made available to the licensed program
26 in accordance of federal confidentiality laws. The licensed
27 program shall provide a written report to the court stating
28 the results of the intake screening or assessment and
29 recommending whether the parent should be placed in
30 treatment. The court may require the parent to participate
31 in treatment in order to regain or retain custody of the
32 parent's child. In evaluating compliance with court-ordered
33 treatment, the court shall give consideration to the parent's
34 ability to pay for treatment as well as the availability of
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1 and access to the treatment recommended. If the parent
2 elects to participate in alcohol or drug treatment, the
3 licensed program selected by the Department of Human Services
4 shall refer the parent to an appropriate service provider.
5 The Department of Children and Family Services
6 caseworker, in cooperation with the service provider, shall
7 develop a case management plan for the parent's substance
8 abuse treatment and other related needs. The service
9 provider shall monitor the parent's compliance with and
10 progress in treatment. The service provider shall obtain
11 appropriate client consent in accordance with federal
12 confidentiality laws to disclose this information to the
13 Department of Children and Family Services, the court, and
14 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.
28 The Department of Children and Family Services
29 caseworker, in cooperation with the service provider, shall
30 develop a case management plan that includes a comprehensive
31 treatment plan designed to address the parent's needs for
32 substance abuse treatment and other addiction-related
33 services. The service provider shall monitor the parent's
34 compliance with progress in treatment and report back to the
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1 Department of Children and Family Services on the parent's
2 progress in treatment. The service provider shall obtain
3 appropriate client consent in accordance with federal
4 confidentiality laws to disclose this information to the
5 Department.
6 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
7 (Text of Section before amendment by P.A. 89-507)
8 Sec. 8.2. If the Child Protective Service Unit
9 determines, following an investigation made pursuant to
10 Section 7.4 of this Act, that there is credible evidence that
11 the child is abused or neglected, the Department shall assess
12 the family's need for services, and, as necessary, develop,
13 with the family, an appropriate service plan for the family's
14 voluntary acceptance or refusal. In any case where there is
15 evidence that the perpetrator of the abuse or neglect is an
16 addict or alcoholic as defined in the Alcoholism and Other
17 Drug Abuse and Dependency Act, the Department, when making
18 referrals for drug or alcohol abuse services, shall make such
19 referrals to facilities licensed by the Department of
20 Alcoholism and Substance Abuse or the Department of Public
21 Health. The Department shall comply with Section 8.1 by
22 explaining its lack of legal authority to compel the
23 acceptance of services and may explain its concomitant
24 noncommitant authority to petition the Circuit court under
25 the Juvenile Court Act of 1987 or refer the case to the local
26 law enforcement authority or State's attorney for criminal
27 prosecution.
28 For purposes of this Act, the term "family preservation
29 services" refers to all services to prevent the placement of
30 children in substitute care, to reunite them with their
31 families if so placed and if reunification is an appropriate
32 goal, or to maintain an adoptive placement. The term
33 "homemaker" includes emergency caretakers, homemakers,
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1 caretakers, housekeepers and chore services. The term
2 "counseling" includes individual therapy, infant stimulation
3 therapy, family therapy, group therapy, self-help groups,
4 drug and alcohol abuse counseling, vocational counseling and
5 post-adoptive services. The term "day care" includes
6 protective day care and day care to meet educational,
7 prevocational or vocational needs. The term "emergency
8 assistance and advocacy" includes coordinated services to
9 secure emergency cash, food, housing and medical assistance
10 or advocacy for other subsistence and family protective
11 needs.
12 Before July 1, 2000, appropriate family preservation
13 services shall, subject to appropriation, be included in the
14 service plan if the Department has determined that those
15 services are in the child's best interests and when the child
16 will not be in imminent risk of harm. Beginning July 1,
17 2000, appropriate family preservation services shall be
18 uniformly available throughout the State. The Department
19 shall promptly notify children and families of the
20 Department's responsibility to offer and provide family
21 preservation services as identified in the service plan.
22 Such plans may include but are not limited to: case
23 management services; homemakers; counseling; parent
24 education; day care; emergency assistance and advocacy
25 assessments; respite care; in-home health care;
26 transportation to obtain any of the above services; and
27 medical assistance. Nothing in this paragraph shall be
28 construed to create a private right of action or claim on the
29 part of any individual or child welfare agency.
30 The Department shall provide a preliminary report to the
31 General Assembly no later than January 1, 1991, in regard to
32 the provision of services authorized pursuant to this
33 Section. The report shall include:
34 (a) the number of families and children served, by
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1 type of services;
2 (b) the outcome from the provision of such
3 services, including the number of families which remained
4 intact at least 6 months following the termination of
5 services;
6 (c) the number of families which have been subjects
7 of founded reports of abuse following the termination of
8 services;
9 (d) an analysis of general family circumstances in
10 which family preservation services have been determined
11 to be an effective intervention;
12 (e) information regarding the number of families in
13 need of services but unserved due to budget or program
14 criteria guidelines;
15 (f) an estimate of the time necessary for and the
16 annual cost of statewide implementation of such services;
17 (g) an estimate of the length of time before
18 expansion of these services will be made to include
19 families with children over the age of 6; and
20 (h) recommendations regarding any proposed
21 legislative changes to this program.
22 The Department shall provide a preliminary report to the
23 General Assembly no later than January 1, 1998, in regard to
24 the provision of services authorized pursuant to this
25 Section. As of July 1, 1997, the Department shall have the
26 University of Illinois Child and Family Research Center
27 conduct an annual evaluation of these services and shall
28 issue an annual evaluation report to the Governor and the
29 General Assembly and to the public upon request. The annual
30 evaluation report shall include the following information:
31 (A) The number of families and children served, by
32 type of services.
33 (B) The category of abuse or neglect report that
34 was the basis for opening the case.
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1 (C) The outcome from the provision of those
2 services, including (i) the number of families that
3 remained intact 6 months following the termination of
4 services, (ii) the number of children who were placed in
5 substitute care 6 months following the termination of
6 services, (iii) the number of children who were
7 subsequently the subject of indicated or founded reports
8 following the termination of services, (iv) the number of
9 families that have been subjects of founded reports
10 following the termination of services, (v) the number of
11 cases in which services were denied because provision of
12 services was deemed to be unreasonable, and (vi) the
13 number of cases that required juvenile court involvement.
14 (D) An analysis of general family circumstances in
15 which family preservation services have been determined
16 to be an effective intervention, including a description
17 of the services provided, the cost of service delivery,
18 and a statement of factors resulting in the determination
19 of effective intervention.
20 (E) Information regarding the number of families in
21 need of services but unserved due to budget or program
22 criteria guidelines.
23 (F) An estimate of the time necessary for and the
24 annual cost of statewide implementation of the services.
25 (G) Recommendations regarding any proposed
26 legislative changes.
27 Each Department field office shall maintain on a local
28 basis directories of services available to children and
29 families in the local area where the Department office is
30 located.
31 The Department shall refer children and families served
32 pursuant to this Section to private agencies and governmental
33 agencies, where available.
34 Where there are 2 equal proposals from both a
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1 not-for-profit and a for-profit agency to provide services,
2 the Department shall give preference to the proposal from the
3 not-for-profit agency.
4 No service plan shall compel any child or parent to
5 engage in any activity or refrain from any activity which is
6 not reasonably related to remedying a condition or conditions
7 that gave rise or which could give rise to any finding of
8 child abuse or neglect.
9 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95;
10 revised 2-7-97.)
11 (Text of Section after amendment by P.A. 89-507)
12 Sec. 8.2. If the Child Protective Service Unit
13 determines, following an investigation made pursuant to
14 Section 7.4 of this Act, that there is credible evidence that
15 the child is abused or neglected, the Department shall assess
16 the family's need for services, and, as necessary, develop,
17 with the family, an appropriate service plan for the family's
18 voluntary acceptance or refusal. In any case where there is
19 evidence that the perpetrator of the abuse or neglect is an
20 addict or alcoholic as defined in the Alcoholism and Other
21 Drug Abuse and Dependency Act, the Department, when making
22 referrals for drug or alcohol abuse services, shall make such
23 referrals to facilities licensed by the Department of Human
24 Services or the Department of Public Health. The Department
25 shall comply with Section 8.1 by explaining its lack of legal
26 authority to compel the acceptance of services and may
27 explain its concomitant noncommitant authority to petition
28 the Circuit court under the Juvenile Court Act of 1987 or
29 refer the case to the local law enforcement authority or
30 State's attorney for criminal 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
34 families if so placed and if reunification is an appropriate
-9- LRB9000707DJmgam04
1 goal, or to maintain an adoptive placement. The term
2 "homemaker" includes emergency caretakers, homemakers,
3 caretakers, housekeepers and chore services. The term
4 "counseling" includes individual therapy, infant stimulation
5 therapy, family therapy, group therapy, self-help groups,
6 drug and alcohol abuse counseling, vocational counseling and
7 post-adoptive services. The term "day care" includes
8 protective day care and day care to meet educational,
9 prevocational or vocational needs. The term "emergency
10 assistance and advocacy" includes coordinated services to
11 secure emergency cash, food, housing and medical assistance
12 or advocacy for other subsistence and family protective
13 needs.
14 Before July 1, 2000, appropriate family preservation
15 services shall, subject to appropriation, be included in the
16 service plan if the Department has determined that those
17 services are in the child's best interests and when the child
18 will not be in imminent risk of harm. Beginning July 1,
19 2000, appropriate family preservation services shall be
20 uniformly available throughout the State. The Department
21 shall promptly notify children and families of the
22 Department's responsibility to offer and provide family
23 preservation services as identified in the service plan.
24 Such plans may include but are not limited to: case
25 management services; homemakers; counseling; parent
26 education; day care; emergency assistance and advocacy
27 assessments; respite care; in-home health care;
28 transportation to obtain any of the above services; and
29 medical assistance. Nothing in this paragraph shall be
30 construed to create a private right of action or claim on the
31 part of any individual or child welfare agency.
32 The Department shall provide a preliminary report to the
33 General Assembly no later than January 1, 1991, in regard to
34 the provision of services authorized pursuant to this
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1 Section. The report shall include:
2 (a) the number of families and children served, by
3 type of services;
4 (b) the outcome from the provision of such
5 services, including the number of families which remained
6 intact at least 6 months following the termination of
7 services;
8 (c) the number of families which have been subjects
9 of founded reports of abuse following the termination of
10 services;
11 (d) an analysis of general family circumstances in
12 which family preservation services have been determined
13 to be an effective intervention;
14 (e) information regarding the number of families in
15 need of services but unserved due to budget or program
16 criteria guidelines;
17 (f) an estimate of the time necessary for and the
18 annual cost of statewide implementation of such services;
19 (g) an estimate of the length of time before
20 expansion of these services will be made to include
21 families with children over the age of 6; and
22 (h) recommendations regarding any proposed
23 legislative changes to this program.
24 The Department shall provide a preliminary report to the
25 General Assembly no later than January 1, 1998, in regard to
26 the provision of services authorized pursuant to this
27 Section. As of July 1, 1997, the Department shall have the
28 University of Illinois Child and Family Research Center
29 conduct an annual evaluation of these services and shall
30 issue an annual evaluation report to the Governor and the
31 General Assembly and to the public upon request. The annual
32 evaluation report shall include the following information:
33 (A) The number of families and children served, by
34 type of services.
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1 (B) The category of abuse or neglect report that
2 was the basis for opening the case.
3 (C) The outcome from the provision of those
4 services, including (i) the number of families that
5 remained intact 6 months following the termination of
6 services, (ii) the number of children who were placed in
7 substitute care 6 months following the termination of
8 services, (iii) the number of children who were
9 subsequently the subject of indicated or founded reports
10 following the termination of services, (iv) the number of
11 families that have been subjects of founded reports
12 following the termination of services, (v) the number of
13 cases in which services were denied because provision of
14 services was deemed to be unreasonable, and (vi) the
15 number of cases that required juvenile court involvement.
16 (D) An analysis of general family circumstances in
17 which family preservation services have been determined
18 to be an effective intervention, including a description
19 of the services provided, the cost of service delivery,
20 and a statement of factors resulting in the determination
21 of effective intervention.
22 (E) Information regarding the number of families in
23 need of services but unserved due to budget or program
24 criteria guidelines.
25 (F) An estimate of the time necessary for and the
26 annual cost of statewide implementation of the services.
27 (G) Recommendations regarding any proposed
28 legislative changes.
29 Each Department field office shall maintain on a local
30 basis directories of services available to children and
31 families in the local area where the Department office is
32 located.
33 The Department shall refer children and families served
34 pursuant to this Section to private agencies and governmental
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1 agencies, where available.
2 Where there are 2 equal proposals from both a
3 not-for-profit and a for-profit agency to provide services,
4 the Department shall give preference to the proposal from the
5 not-for-profit agency.
6 No service plan shall compel any child or parent to
7 engage in any activity or refrain from any activity which is
8 not reasonably related to remedying a condition or conditions
9 that gave rise or which could give rise to any finding of
10 child abuse or neglect.
11 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95;
12 89-507, eff. 7-1-97; revised 2-7-97.)
13 (325 ILCS 5/8.2a new)
14 Sec. 8.2a. Parenting education. The Department is
15 authorized to establish rules to develop uniform standards
16 for parenting education courses that serve as part of family
17 preservation or reunification efforts for parents of children
18 who are the subjects of abuse or neglect reports made
19 pursuant to this Act. The uniform standards shall establish
20 (1) course duration and hourly requirements, (2) course
21 content, (3) teacher-parent ratio, (4) preliminary and final
22 course examinations content and requirements, and (5) staff
23 training requirements.
24 Section 10. The Juvenile Court Act of 1987 is amended by
25 changing Sections 2-10, 2-24, and 2-25 as follows:
26 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
27 Sec. 2-10. Temporary custody hearing. At the appearance
28 of the minor before the court at the temporary custody
29 hearing, all witnesses present shall be examined before the
30 court in relation to any matter connected with the
31 allegations made in the petition.
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1 (1) If the court finds that there is not probable cause
2 to believe that the minor is abused, neglected or dependent
3 it shall release the minor and dismiss the petition.
4 (2) If the court finds that there is probable cause to
5 believe that the minor is abused, neglected or dependent, the
6 court shall state in writing the factual basis supporting its
7 finding and the minor, his or her parent, guardian, custodian
8 and other persons able to give relevant testimony shall be
9 examined before the court. The Department of Children and
10 Family Services shall give testimony concerning indicated
11 reports of abuse and neglect, of which they are aware of
12 through the central registry, involving the minor's parent,
13 guardian or custodian. The Department of Children and Family
14 Services shall also give testimony concerning the child
15 endangerment risk assessment conducted and, as a result of
16 the assessment, whether the minor is safe or unsafe and, if
17 unsafe, what measures or actions must be taken to ensure the
18 safety of the child. After such testimony, the court may, if
19 it is in the best interests of the minor, enter an order that
20 the minor shall be released upon the request of parent,
21 guardian or custodian if the parent, guardian or custodian
22 appears to take custody. Custodian shall include any agency
23 of the State which has been given custody or wardship of the
24 child. If it is in the best interests of the minor, the court
25 may also prescribe shelter care and order that the minor be
26 kept in a suitable place designated by the court or in a
27 shelter care facility designated by the Department of
28 Children and Family Services or a licensed child welfare
29 agency; however, a minor charged with a criminal offense
30 under the Criminal Code of 1961 or adjudicated delinquent
31 shall not be placed in the custody of or committed to the
32 Department of Children and Family Services by any court,
33 except a minor less than 13 years of age and committed to the
34 Department of Children and Family Services under Section 5-23
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1 of this Act or a minor for whom an independent basis of
2 abuse, neglect, or dependency exists, which must be defined
3 by departmental rule. In placing the minor, the Department or
4 other agency shall, to the extent compatible with the court's
5 order, comply with Section 7 of the Children and Family
6 Services Act. In determining that it is in the best interests
7 of the minor to prescribe shelter care, the court must find
8 that it is a matter of immediate and urgent necessity for the
9 protection of the minor or of the person or property of
10 another that the minor be placed in a shelter care facility
11 or that he or she is likely to flee the jurisdiction of the
12 court, and must further find that reasonable efforts have
13 been made or that, in the best interests of the minor, no
14 efforts reasonably can be made to prevent or eliminate the
15 necessity of removal of the minor from his or her home. The
16 court shall require documentation from the Department of
17 Children and Family Services as to the reasonable efforts
18 that were made to prevent or eliminate the necessity of
19 removal of the minor from his or her home or the reasons why
20 no efforts reasonably could be made to prevent or eliminate
21 the necessity of removal. When a minor is placed in the home
22 of a relative, the Department of Children and Family Services
23 shall complete a preliminary background review of the members
24 of the minor's custodian's household in accordance with
25 Section 4.3 of the Child Care Act of 1969 within 90 days of
26 that placement. If the minor is ordered placed in a shelter
27 care facility of the Department of Children and Family
28 Services or a licensed child welfare agency, the court shall,
29 upon request of the appropriate Department or other agency,
30 appoint the Department of Children and Family Services
31 Guardianship Administrator or other appropriate agency
32 executive temporary custodian of the minor and the court may
33 enter such other orders related to the temporary custody as
34 it deems fit and proper, including the provision of services
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1 to the minor or his family to ameliorate the causes
2 contributing to the finding of probable cause or to the
3 finding of the existence of immediate and urgent necessity.
4 Acceptance of services shall not be considered an admission
5 of any allegation in a petition made pursuant to this Act,
6 nor may a referral of services be considered as evidence in
7 any proceeding pursuant to this Act, except where the issue
8 is whether the Department has made reasonable efforts to
9 reunite the family. In making its findings that it is in the
10 best interests of the minor to prescribe shelter care, the
11 court shall state in writing (i) the factual basis supporting
12 its findings concerning the immediate and urgent necessity
13 for the protection of the minor or of the person or property
14 of another and (ii) the factual basis supporting its findings
15 that reasonable efforts were made to prevent or eliminate the
16 removal of the minor from his or her home or that no efforts
17 reasonably could be made to prevent or eliminate the removal
18 of the minor from his or her home. The parents, guardian,
19 custodian, temporary custodian and minor shall each be
20 furnished a copy of such written findings. The temporary
21 custodian shall maintain a copy of the court order and
22 written findings in the case record for the child. The order
23 together with the court's findings of fact in support thereof
24 shall be entered of record in the court.
25 Once the court finds that it is a matter of immediate and
26 urgent necessity for the protection of the minor that the
27 minor be placed in a shelter care facility, the minor shall
28 not be returned to the parent, custodian or guardian until
29 the court finds that such placement is no longer necessary
30 for the protection of the minor.
31 (3) If prior to the shelter care hearing for a minor
32 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
33 is unable to serve notice on the party respondent, the
34 shelter care hearing may proceed ex-parte. A shelter care
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1 order from an ex-parte hearing shall be endorsed with the
2 date and hour of issuance and shall be filed with the clerk's
3 office and entered of record. The order shall expire after 10
4 days from the time it is issued unless before its expiration
5 it is renewed, at a hearing upon appearance of the party
6 respondent, or upon an affidavit of the moving party as to
7 all diligent efforts to notify the party respondent by notice
8 as herein prescribed. The notice prescribed shall be in
9 writing and shall be personally delivered to the minor or the
10 minor's attorney and to the last known address of the other
11 person or persons entitled to notice. The notice shall also
12 state the nature of the allegations, the nature of the order
13 sought by the State, including whether temporary custody is
14 sought, and the consequences of failure to appear; and shall
15 explain the right of the parties and the procedures to vacate
16 or modify a shelter care order as provided in this Section.
17 The notice for a shelter care hearing shall be substantially
18 as follows:
19 NOTICE TO PARENTS AND CHILDREN
20 OF SHELTER CARE HEARING
21 On ................ at ........., before the
22 Honorable ................, (address:) .................,
23 the State of Illinois will present evidence (1) that
24 (name of child or children) ....................... are
25 abused, neglected or dependent for the following reasons:
26 .............................................. and (2)
27 that there is "immediate and urgent necessity" to remove
28 the child or children from the responsible relative.
29 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
30 PLACEMENT of the child or children in foster care until a
31 trial can be held. A trial may not be held for up to 90
32 days.
33 At the shelter care hearing, parents have the
34 following rights:
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1 1. To ask the court to appoint a lawyer if
2 they cannot afford one.
3 2. To ask the court to continue the hearing to
4 allow them time to prepare.
5 3. To present evidence concerning:
6 a. Whether or not the child or children
7 were abused, neglected or dependent.
8 b. Whether or not there is "immediate and
9 urgent necessity" to remove the child from home
10 (including: their ability to care for the
11 child, conditions in the home, alternative
12 means of protecting the child other than
13 removal).
14 c. The best interests of the child.
15 4. To cross examine the State's witnesses.
16 The Notice for rehearings shall be substantially as
17 follows:
18 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
19 TO REHEARING ON TEMPORARY CUSTODY
20 If you were not present at and did not have adequate
21 notice of the Shelter Care Hearing at which temporary
22 custody of ............... was awarded to
23 ................, you have the right to request a full
24 rehearing on whether the State should have temporary
25 custody of ................. To request this rehearing,
26 you must file with the Clerk of the Juvenile Court
27 (address): ........................, in person or by
28 mailing a statement (affidavit) setting forth the
29 following:
30 1. That you were not present at the shelter
31 care hearing.
32 2. That you did not get adequate notice
33 (explaining how the notice was inadequate).
34 3. Your signature.
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1 4. Signature must be notarized.
2 The rehearing should be scheduled within one day of
3 your filing this affidavit.
4 At the rehearing, your rights are the same as at the
5 initial shelter care hearing. The enclosed notice
6 explains those rights.
7 At the Shelter Care Hearing, children have the
8 following rights:
9 1. To have a guardian ad litem appointed.
10 2. To be declared competent as a witness and
11 to present testimony concerning:
12 a. Whether they are abused, neglected or
13 dependent.
14 b. Whether there is "immediate and urgent
15 necessity" to be removed from home.
16 c. Their best interests.
17 3. To cross examine witnesses for other
18 parties.
19 4. To obtain an explanation of any proceedings
20 and orders of the court.
21 (4) If the parent, guardian, legal custodian,
22 responsible relative, minor age 8 or over, or counsel of the
23 minor did not have actual notice of or was not present at the
24 shelter care hearing, he or she may file an affidavit setting
25 forth these facts, and the clerk shall set the matter for
26 rehearing not later than 48 hours, excluding Sundays and
27 legal holidays, after the filing of the affidavit. At the
28 rehearing, the court shall proceed in the same manner as upon
29 the original hearing.
30 (5) Only when there is reasonable cause to believe that
31 the minor taken into custody is a person described in Section
32 5-3 may the minor be kept or detained in a detention home or
33 county or municipal jail. This Section shall in no way be
34 construed to limit subsection (6).
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1 (6) No minor under 16 years of age may be confined in a
2 jail or place ordinarily used for the confinement of
3 prisoners in a police station. Minors under 17 years of age
4 must be kept separate from confined adults and may not at any
5 time be kept in the same cell, room, or yard with adults
6 confined pursuant to the criminal law.
7 (7) If the minor is not brought before a judicial
8 officer within the time period as specified in Section 2-9,
9 the minor must immediately be released from custody.
10 (8) If neither the parent, guardian or custodian appears
11 within 24 hours to take custody of a minor released upon
12 request pursuant to subsection (2) of this Section, then the
13 clerk of the court shall set the matter for rehearing not
14 later than 7 days after the original order and shall issue a
15 summons directed to the parent, guardian or custodian to
16 appear. At the same time the probation department shall
17 prepare a report on the minor. If a parent, guardian or
18 custodian does not appear at such rehearing, the judge may
19 enter an order prescribing that the minor be kept in a
20 suitable place designated by the Department of Children and
21 Family Services or a licensed child welfare agency.
22 (9) Notwithstanding any other provision of this Section
23 any interested party, including the State, the temporary
24 custodian, an agency providing services to the minor or
25 family under a service plan pursuant to Section 8.2 of the
26 Abused and Neglected Child Reporting Act, foster parent, or
27 any of their representatives, on notice to all parties
28 entitled to notice, may file a motion that it is in the best
29 interests of the minor to modify or vacate a temporary
30 custody order on any of the following grounds:
31 (a) It is no longer a matter of immediate and
32 urgent necessity that the minor remain in shelter care;
33 or
34 (b) There is a material change in the circumstances
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1 of the natural family from which the minor was removed;
2 or
3 (c) A person not a party to the alleged abuse,
4 neglect or dependency, including a parent, relative or
5 legal guardian, is capable of assuming temporary custody
6 of the minor; or
7 (d) Services provided by the Department of Children
8 and Family Services or a child welfare agency or other
9 service provider have been successful in eliminating the
10 need for temporary custody.
11 In ruling on the motion, the court shall determine
12 whether it is in the best interests of the minor to modify or
13 vacate a temporary custody order.
14 The clerk shall set the matter for hearing not later than
15 14 days after such motion is filed. In the event that the
16 court modifies or vacates a temporary custody order but does
17 not vacate its finding of probable cause, the court may order
18 that appropriate services be continued or initiated in behalf
19 of the minor and his or her family.
20 (10) When the court finds or has found that there is
21 probable cause to believe a minor is an abused minor as
22 described in subsection (2) of Section 2-3 and that there is
23 an immediate and urgent necessity for the abused minor to be
24 placed in shelter care, immediate and urgent necessity shall
25 be presumed for any other minor residing in the same
26 household as the abused minor provided:
27 (a) Such other minor is the subject of an abuse or
28 neglect petition pending before the court; and
29 (b) A party to the petition is seeking shelter care
30 for such other minor.
31 Once the presumption of immediate and urgent necessity
32 has been raised, the burden of demonstrating the lack of
33 immediate and urgent necessity shall be on any party that is
34 opposing shelter care for the other minor.
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1 (Source: P.A. 88-7; 88-491; 88-614, eff. 9-7-94; 88-670, eff.
2 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-582, eff. 1-1-97;
3 89-626, eff. 8-9-96.)
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
33 that the minor's parent or other person responsible for
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1 the minor's care illegally used a controlled substance or
2 cannabis and that the use contributed to the minor's
3 abuse or neglect.
4 The order of protective supervision shall require, as a
5 condition of the placement of the minor, that each adult
6 individual residing in the household in which the minor is
7 placed and for whom there is reason to believe that the adult
8 is a substance abuser undergo a drug assessment as is deemed
9 appropriate to determine the presence of the suspected
10 illegal use of a controlled substance or cannabis.
11 The entity conducting the drug assessment required under
12 the order of protective supervision shall be a program
13 licensed by the Department of Human Services and shall make
14 the assessment results available to the court and to the
15 parties. After receiving the results of the assessment, the
16 court may enter any necessary order based on the best
17 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 a drug assessment 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 assessment required under
19 the order of protection shall be a program licensed by the
20 Department of Human Services and shall make the assessment
21 results available to the court and to the parties. After
22 receiving the results of the assessment, the court may enter
23 any necessary 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.".