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90_SB1339ccr001
LRB9011267SMmbccr1
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 1339
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 5 to Senate Bill 1339, recommend the following:
11 (1) that the House recede from House Amendment No. 5 to
12 Senate Bill 1339; and
13 (2) that Senate Bill 1339 be amended by replacing the
14 title with the following:
15 "AN ACT regarding children, amending named Acts."; and
16 by replacing everything after the enacting clause with the
17 following:
18 "Section 5. The Children and Family Services Act is
19 amended by changing Sections 5, 7, and 8 and by adding
20 Section 5c as follows:
21 (20 ILCS 505/5) (from Ch. 23, par. 5005)
22 Sec. 5. Direct child welfare services; Department of
23 Children and Family Services. To provide direct child welfare
24 services when not available through other public or private
25 child care or program facilities.
26 (a) For purposes of this Section:
27 (1) "Children" means persons found within the State
28 who are under the age of 18 years. The term also
29 includes persons under age 19 who:
30 (A) were committed to the Department pursuant
31 to the Juvenile Court Act or the Juvenile Court Act
32 of 1987, as amended, prior to the age of 18 and who
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1 continue under the jurisdiction of the court; or
2 (B) were accepted for care, service and
3 training by the Department prior to the age of 18
4 and whose best interest in the discretion of the
5 Department would be served by continuing that care,
6 service and training because of severe emotional
7 disturbances, physical disability, social adjustment
8 or any combination thereof, or because of the need
9 to complete an educational or vocational training
10 program.
11 (2) "Homeless youth" means persons found within the
12 State who are under the age of 19, are not in a safe and
13 stable living situation and cannot be reunited with their
14 families.
15 (3) "Child welfare services" means public social
16 services which are directed toward the accomplishment of
17 the following purposes:
18 (A) protecting and promoting the health,
19 safety and welfare of children, including homeless,
20 dependent or neglected children;
21 (B) remedying, or assisting in the solution of
22 problems which may result in, the neglect, abuse,
23 exploitation or delinquency of children;
24 (C) preventing the unnecessary separation of
25 children from their families by identifying family
26 problems, assisting families in resolving their
27 problems, and preventing the breakup of the family
28 where the prevention of child removal is desirable
29 and possible when the child can be cared for at home
30 without endangering the child's health and safety;
31 (D) restoring to their families children who
32 have been removed, by the provision of services to
33 the child and the families when the child can be
34 cared for at home without endangering the child's
35 health and safety;
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1 (E) placing children in suitable adoptive
2 homes, in cases where restoration to the biological
3 family is not safe, possible or appropriate;
4 (F) assuring safe and adequate care of
5 children away from their homes, in cases where the
6 child cannot be returned home or cannot be placed
7 for adoption. At the time of placement, the
8 Department shall consider concurrent planning, as
9 described in subsection (l-1) of this Section so
10 that permanency may occur at the earliest
11 opportunity. Consideration should be given so that
12 if reunification fails or is delayed, the placement
13 made is the best available placement to provide
14 permanency for the child;
15 (G) (blank);
16 (H) (blank); and
17 (I) placing and maintaining children in
18 facilities that provide separate living quarters for
19 children under the age of 18 and for children 18
20 years of age and older, unless a child 18 years of
21 age is in the last year of high school education or
22 vocational training, in an approved individual or
23 group treatment program, or in a licensed shelter
24 facility, or secure child care facility. The
25 Department is not required to place or maintain
26 children:
27 (i) who are in a foster home, or
28 (ii) who are persons with a developmental
29 disability, as defined in the Mental Health and
30 Developmental Disabilities Code, or
31 (iii) who are female children who are
32 pregnant, pregnant and parenting or parenting,
33 or
34 (iv) who are siblings,
35 in facilities that provide separate living quarters
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1 for children 18 years of age and older and for
2 children under 18 years of age.
3 (b) Nothing in this Section shall be construed to
4 authorize the expenditure of public funds for the purpose of
5 performing abortions.
6 (c) The Department shall establish and maintain
7 tax-supported child welfare services and extend and seek to
8 improve voluntary services throughout the State, to the end
9 that services and care shall be available on an equal basis
10 throughout the State to children requiring such services.
11 (d) The Director may authorize advance disbursements for
12 any new program initiative to any agency contracting with the
13 Department. As a prerequisite for an advance disbursement,
14 the contractor must post a surety bond in the amount of the
15 advance disbursement and have a purchase of service contract
16 approved by the Department. The Department may pay up to 2
17 months operational expenses in advance. The amount of the
18 advance disbursement shall be prorated over the life of the
19 contract or the remaining months of the fiscal year,
20 whichever is less, and the installment amount shall then be
21 deducted from future bills. Advance disbursement
22 authorizations for new initiatives shall not be made to any
23 agency after that agency has operated during 2 consecutive
24 fiscal years. The requirements of this Section concerning
25 advance disbursements shall not apply with respect to the
26 following: payments to local public agencies for child day
27 care services as authorized by Section 5a of this Act; and
28 youth service programs receiving grant funds under Section
29 17a-4.
30 (e) (Blank).
31 (f) (Blank).
32 (g) The Department shall establish rules and regulations
33 concerning its operation of programs designed to meet the
34 goals of child safety and protection, family preservation,
35 family reunification, and adoption, including but not limited
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1 to:
2 (1) adoption;
3 (2) foster care;
4 (3) family counseling;
5 (4) protective services;
6 (5) (blank);
7 (6) homemaker service;
8 (7) return of runaway children;
9 (8) (blank);
10 (9) placement under Section 5-7 of the Juvenile
11 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
12 Juvenile Court Act of 1987 in accordance with the federal
13 Adoption Assistance and Child Welfare Act of 1980; and
14 (10) interstate services.
15 Rules and regulations established by the Department shall
16 include provisions for training Department staff and the
17 staff of Department grantees, through contracts with other
18 agencies or resources, in alcohol and drug abuse screening
19 techniques to identify children and adults who should be
20 referred to an alcohol and drug abuse treatment program for
21 professional evaluation.
22 (h) If the Department finds that there is no appropriate
23 program or facility within or available to the Department for
24 a ward and that no licensed private facility has an adequate
25 and appropriate program or none agrees to accept the ward,
26 the Department shall create an appropriate individualized,
27 program-oriented plan for such ward. The plan may be
28 developed within the Department or through purchase of
29 services by the Department to the extent that it is within
30 its statutory authority to do.
31 (i) Service programs shall be available throughout the
32 State and shall include but not be limited to the following
33 services:
34 (1) case management;
35 (2) homemakers;
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1 (3) counseling;
2 (4) parent education;
3 (5) day care; and
4 (6) emergency assistance and advocacy.
5 In addition, the following services may be made available
6 to assess and meet the needs of children and families:
7 (1) comprehensive family-based services;
8 (2) assessments;
9 (3) respite care; and
10 (4) in-home health services.
11 The Department shall provide transportation for any of
12 the services it makes available to children or families or
13 for which it refers children or families.
14 (j) The Department may provide categories of financial
15 assistance and education assistance grants, and shall
16 establish rules and regulations concerning the assistance and
17 grants, to persons who adopt physically or mentally
18 handicapped, older and other hard-to-place children who (i)
19 immediately prior to their adoption were legal wards of the
20 Department or (ii) were determined eligible for financial
21 assistance with respect to a prior adoption and who become
22 available for adoption because the prior adoption has been
23 dissolved and the parental rights of the adoptive parents
24 have been terminated or because the child's adoptive parents
25 have died. The Department may also provide categories of
26 financial assistance and education assistance grants, and
27 shall establish rules and regulations for the assistance and
28 grants, to persons appointed guardian of the person under
29 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
30 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
31 who were wards of the Department for 12 months immediately
32 prior to the appointment of the successor guardian and for
33 whom the Department has set a goal of permanent family
34 placement with a foster family.
35 The amount of assistance may vary, depending upon the
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1 needs of the child and the adoptive parents, as set forth in
2 the annual assistance agreement. Special purpose grants are
3 allowed where the child requires special service but such
4 costs may not exceed the amounts which similar services would
5 cost the Department if it were to provide or secure them as
6 guardian of the child.
7 Any financial assistance provided under this subsection
8 is inalienable by assignment, sale, execution, attachment,
9 garnishment, or any other remedy for recovery or collection
10 of a judgment or debt.
11 (j-5) The Department shall not deny or delay the
12 placement of a child for adoption if an approved family is
13 available either outside of the Department region handling
14 the case, or outside of the State of Illinois.
15 (k) The Department shall accept for care and training
16 any child who has been adjudicated neglected or abused, or
17 dependent committed to it pursuant to the Juvenile Court Act
18 or the Juvenile Court Act of 1987.
19 (l) Before July 1, 2000, the Department may provide, and
20 beginning July 1, 2000, the Department shall offer family
21 preservation services, as defined in Section 8.2 of the
22 Abused and Neglected Child Reporting Act, to help families,
23 including adoptive and extended families. Family preservation
24 services shall be offered (i) to prevent the placement of
25 children in substitute care when the children can be cared
26 for at home or in the custody of the person responsible for
27 the children's welfare, (ii) to reunite children with their
28 families, or (iii) to maintain an adoptive placement. Family
29 preservation services shall only be offered when doing so
30 will not endanger the children's health or safety. With
31 respect to children who are in substitute care pursuant to
32 the Juvenile Court Act of 1987, family preservation services
33 shall not be offered if a goal other than those of
34 subdivisions (A), (B), or (B-1) of subsection (2) of Section
35 2-28 of that Act has been set provide, family preservation
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1 services, as determined to be appropriate and in the child's
2 best interests and when the child will be safe and not be in
3 imminent risk of harm, to any family whose child has been
4 placed in substitute care, any persons who have adopted a
5 child and require post-adoption services, or any persons
6 whose child or children are at risk of being placed outside
7 their home as documented by an "indicated" report of
8 suspected child abuse or neglect determined pursuant to the
9 Abused and Neglected Child Reporting Act. Nothing in this
10 paragraph shall be construed to create a private right of
11 action or claim on the part of any individual or child
12 welfare agency.
13 The Department shall notify the child and his family of
14 the Department's responsibility to offer and provide family
15 preservation services as identified in the service plan. The
16 child and his family shall be eligible for services as soon
17 as the report is determined to be "indicated". The
18 Department may offer services to any child or family with
19 respect to whom a report of suspected child abuse or neglect
20 has been filed, prior to concluding its investigation under
21 Section 7.12 of the Abused and Neglected Child Reporting Act.
22 However, the child's or family's willingness to accept
23 services shall not be considered in the investigation. The
24 Department may also provide services to any child or family
25 who is the subject of any report of suspected child abuse or
26 neglect or may refer such child or family to services
27 available from other agencies in the community, even if the
28 report is determined to be unfounded, if the conditions in
29 the child's or family's home are reasonably likely to subject
30 the child or family to future reports of suspected child
31 abuse or neglect. Acceptance of such services shall be
32 voluntary.
33 The Department may, at its discretion except for those
34 children also adjudicated neglected or dependent, accept for
35 care and training any child who has been adjudicated
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1 addicted, as a truant minor in need of supervision or as a
2 minor requiring authoritative intervention, under the
3 Juvenile Court Act or the Juvenile Court Act of 1987, but no
4 such child shall be committed to the Department by any court
5 without the approval of the Department. A minor charged with
6 a criminal offense under the Criminal Code of 1961 or
7 adjudicated delinquent shall not be placed in the custody of
8 or committed to the Department by any court, except a minor
9 less than 13 years of age committed to the Department under
10 Section 5-23 of the Juvenile Court Act of 1987.
11 (l-1) The legislature recognizes that the best interests
12 of the child require that the child be placed in the most
13 permanent living arrangement as soon as is practically
14 possible. To achieve this goal, the legislature directs the
15 Department of Children and Family Services to conduct
16 concurrent planning so that permanency may occur at the
17 earliest opportunity. Permanent living arrangements may
18 include prevention of placement of a child outside the home
19 of the family when the child can be cared for at home without
20 endangering the child's health or safety; reunification with
21 the family, when safe and appropriate, if temporary placement
22 is necessary; or movement of the child toward the most
23 permanent living arrangement and permanent legal status.
24 When determining reasonable efforts to be made with
25 respect to a child, as described in this subsection, and in
26 making such reasonable efforts, the child's health and safety
27 shall be the paramount concern.
28 When a child is placed in foster care, the Department
29 shall ensure and document that reasonable efforts were made
30 to prevent or eliminate the need to remove the child from the
31 child's home. The Department must make reasonable efforts to
32 reunify the family when temporary placement of the child
33 occurs unless otherwise required, pursuant to the Juvenile
34 Court Act of 1987 or must request a finding from the court
35 that reasonable efforts are not appropriate or have been
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1 unsuccessful. At any time after the dispositional hearing
2 where the Department believes that further reunification
3 services would be ineffective, it may request a finding from
4 the court that reasonable efforts are no longer appropriate.
5 The Department is not required to provide further
6 reunification services after such a finding.
7 A decision to place a child in substitute care shall be
8 made with considerations of the child's health, safety, and
9 best interests. At the time of placement, consideration
10 should also be given so that if reunification fails or is
11 delayed, the placement made is the best available placement
12 to provide permanency for the child.
13 The Department shall adopt rules addressing concurrent
14 planning for reunification and permanency. The Department
15 shall consider the following factors when determining
16 appropriateness of concurrent planning:
17 (1) the likelihood of prompt reunification;
18 (2) the past history of the family;
19 (3) the barriers to reunification being addressed
20 by the family;
21 (4) the level of cooperation of the family;
22 (5) the foster parents' willingness to work with
23 the family to reunite;
24 (6) the willingness and ability of the foster
25 family to provide an adoptive home or long-term
26 placement;
27 (7) the age of the child;
28 (8) placement of siblings.
29 (m) The Department may assume temporary custody of any
30 child if:
31 (1) it has received a written consent to such
32 temporary custody signed by the parents of the child or
33 by the parent having custody of the child if the parents
34 are not living together or by the guardian or custodian
35 of the child if the child is not in the custody of either
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1 parent, or
2 (2) the child is found in the State and neither a
3 parent, guardian nor custodian of the child can be
4 located.
5 If the child is found in his or her residence without a
6 parent, guardian, custodian or responsible caretaker, the
7 Department may, instead of removing the child and assuming
8 temporary custody, place an authorized representative of the
9 Department in that residence until such time as a parent,
10 guardian or custodian enters the home and expresses a
11 willingness and apparent ability to ensure the child's health
12 and safety and resume permanent charge of the child, or until
13 a relative enters the home and is willing and able to ensure
14 the child's health and safety and assume charge of the child
15 until a parent, guardian or custodian enters the home and
16 expresses such willingness and ability to ensure the child's
17 safety and resume permanent charge. After a caretaker has
18 remained in the home for a period not to exceed 12 hours, the
19 Department must follow those procedures outlined in Section
20 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
21 The Department shall have the authority, responsibilities
22 and duties that a legal custodian of the child would have
23 pursuant to subsection (9) of Section 1-3 of the Juvenile
24 Court Act of 1987. Whenever a child is taken into temporary
25 custody pursuant to an investigation under the Abused and
26 Neglected Child Reporting Act, or pursuant to a referral and
27 acceptance under the Juvenile Court Act of 1987 of a minor in
28 limited custody, the Department, during the period of
29 temporary custody and before the child is brought before a
30 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
31 of the Juvenile Court Act of 1987, shall have the authority,
32 responsibilities and duties that a legal custodian of the
33 child would have under subsection (9) of Section 1-3 of the
34 Juvenile Court Act of 1987.
35 The Department shall ensure that any child taken into
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1 custody is scheduled for an appointment for a medical
2 examination.
3 A parent, guardian or custodian of a child in the
4 temporary custody of the Department who would have custody of
5 the child if he were not in the temporary custody of the
6 Department may deliver to the Department a signed request
7 that the Department surrender the temporary custody of the
8 child. The Department may retain temporary custody of the
9 child for 10 days after the receipt of the request, during
10 which period the Department may cause to be filed a petition
11 pursuant to the Juvenile Court Act of 1987. If a petition is
12 so filed, the Department shall retain temporary custody of
13 the child until the court orders otherwise. If a petition is
14 not filed within the 10 day period, the child shall be
15 surrendered to the custody of the requesting parent, guardian
16 or custodian not later than the expiration of the 10 day
17 period, at which time the authority and duties of the
18 Department with respect to the temporary custody of the child
19 shall terminate.
20 (m-1) The Department may place children under 18 years
21 of age in a secure child care facility licensed by the
22 Department that cares for children who are in need of secure
23 living arrangements for their health, safety, and well-being
24 after a determination is made by the facility director and
25 the Director or the Director's designate prior to admission
26 to the facility subject to Section 2-27.1 of the Juvenile
27 Court Act of 1987. This subsection (m-1) does not apply to a
28 child who is subject to placement in a correctional facility
29 operated pursuant to Section 3-15-2 of the Unified Code of
30 Corrections.
31 (n) The Department may place children under 18 years of
32 age in licensed child care facilities when in the opinion of
33 the Department, appropriate services aimed at family
34 preservation have been unsuccessful and cannot ensure the
35 child's health and safety or are unavailable and such
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1 placement would be for their best interest. Payment for
2 board, clothing, care, training and supervision of any child
3 placed in a licensed child care facility may be made by the
4 Department, by the parents or guardians of the estates of
5 those children, or by both the Department and the parents or
6 guardians, except that no payments shall be made by the
7 Department for any child placed in a licensed child care
8 facility for board, clothing, care, training and supervision
9 of such a child that exceed the average per capita cost of
10 maintaining and of caring for a child in institutions for
11 dependent or neglected children operated by the Department.
12 However, such restriction on payments does not apply in cases
13 where children require specialized care and treatment for
14 problems of severe emotional disturbance, physical
15 disability, social adjustment, or any combination thereof and
16 suitable facilities for the placement of such children are
17 not available at payment rates within the limitations set
18 forth in this Section. All reimbursements for services
19 delivered shall be absolutely inalienable by assignment,
20 sale, attachment, garnishment or otherwise.
21 (o) The Department shall establish an administrative
22 review and appeal process for children and families who
23 request or receive child welfare services from the
24 Department. Children who are wards of the Department and are
25 placed by private child welfare agencies, and foster families
26 with whom those children are placed, shall be afforded the
27 same procedural and appeal rights as children and families in
28 the case of placement by the Department, including the right
29 to an initial review of a private agency decision by that
30 agency. The Department shall insure that any private child
31 welfare agency, which accepts wards of the Department for
32 placement, affords those rights to children and foster
33 families. The Department shall accept for administrative
34 review and an appeal hearing a complaint made by (i) a child
35 or foster family concerning a decision following an initial
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1 review by a private child welfare agency or (ii) a
2 prospective adoptive parent who alleges a violation of
3 subsection (j-5) of this Section. An appeal of a decision
4 concerning a change in the placement of a child shall be
5 conducted in an expedited manner.
6 (p) There is hereby created the Department of Children
7 and Family Services Emergency Assistance Fund from which the
8 Department may provide special financial assistance to
9 families which are in economic crisis when such assistance is
10 not available through other public or private sources and the
11 assistance is deemed necessary to prevent dissolution of the
12 family unit or to reunite families which have been separated
13 due to child abuse and neglect. The Department shall
14 establish administrative rules specifying the criteria for
15 determining eligibility for and the amount and nature of
16 assistance to be provided. The Department may also enter
17 into written agreements with private and public social
18 service agencies to provide emergency financial services to
19 families referred by the Department. Special financial
20 assistance payments shall be available to a family no more
21 than once during each fiscal year and the total payments to a
22 family may not exceed $500 during a fiscal year.
23 (q) The Department may receive and use, in their
24 entirety, for the benefit of children any gift, donation or
25 bequest of money or other property which is received on
26 behalf of such children, or any financial benefits to which
27 such children are or may become entitled while under the
28 jurisdiction or care of the Department.
29 The Department shall set up and administer no-cost,
30 interest-bearing savings accounts in appropriate financial
31 institutions ("individual accounts") for children for whom
32 the Department is legally responsible and who have been
33 determined eligible for Veterans' Benefits, Social Security
34 benefits, assistance allotments from the armed forces, court
35 ordered payments, parental voluntary payments, Supplemental
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1 Security Income, Railroad Retirement payments, Black Lung
2 benefits, or other miscellaneous payments. Interest earned
3 by each individual account shall be credited to the account,
4 unless disbursed in accordance with this subsection.
5 In disbursing funds from children's individual accounts,
6 the Department shall:
7 (1) Establish standards in accordance with State
8 and federal laws for disbursing money from children's
9 individual accounts. In all circumstances, the
10 Department's "Guardianship Administrator" or his or her
11 designee must approve disbursements from children's
12 individual accounts. The Department shall be responsible
13 for keeping complete records of all disbursements for
14 each individual account for any purpose.
15 (2) Calculate on a monthly basis the amounts paid
16 from State funds for the child's board and care, medical
17 care not covered under Medicaid, and social services; and
18 utilize funds from the child's individual account, as
19 covered by regulation, to reimburse those costs.
20 Monthly, disbursements from all children's individual
21 accounts, up to 1/12 of $13,000,000, shall be deposited
22 by the Department into the General Revenue Fund and the
23 balance over 1/12 of $13,000,000 into the DCFS Children's
24 Services Fund.
25 (3) Maintain any balance remaining after
26 reimbursing for the child's costs of care, as specified
27 in item (2). The balance shall accumulate in accordance
28 with relevant State and federal laws and shall be
29 disbursed to the child or his or her guardian, or to the
30 issuing agency.
31 (r) The Department shall promulgate regulations
32 encouraging all adoption agencies to voluntarily forward to
33 the Department or its agent names and addresses of all
34 persons who have applied for and have been approved for
35 adoption of a hard-to-place or handicapped child and the
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1 names of such children who have not been placed for adoption.
2 A list of such names and addresses shall be maintained by the
3 Department or its agent, and coded lists which maintain the
4 confidentiality of the person seeking to adopt the child and
5 of the child shall be made available, without charge, to
6 every adoption agency in the State to assist the agencies in
7 placing such children for adoption. The Department may
8 delegate to an agent its duty to maintain and make available
9 such lists. The Department shall ensure that such agent
10 maintains the confidentiality of the person seeking to adopt
11 the child and of the child.
12 (s) The Department of Children and Family Services may
13 establish and implement a program to reimburse Department and
14 private child welfare agency foster parents licensed by the
15 Department of Children and Family Services for damages
16 sustained by the foster parents as a result of the malicious
17 or negligent acts of foster children, as well as providing
18 third party coverage for such foster parents with regard to
19 actions of foster children to other individuals. Such
20 coverage will be secondary to the foster parent liability
21 insurance policy, if applicable. The program shall be funded
22 through appropriations from the General Revenue Fund,
23 specifically designated for such purposes.
24 (t) The Department shall perform home studies and
25 investigations and shall exercise supervision over visitation
26 as ordered by a court pursuant to the Illinois Marriage and
27 Dissolution of Marriage Act or the Adoption Act only if:
28 (1) an order entered by an Illinois court
29 specifically directs the Department to perform such
30 services; and
31 (2) the court has ordered one or both of the
32 parties to the proceeding to reimburse the Department for
33 its reasonable costs for providing such services in
34 accordance with Department rules, or has determined that
35 neither party is financially able to pay.
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1 The Department shall provide written notification to the
2 court of the specific arrangements for supervised visitation
3 and projected monthly costs within 60 days of the court
4 order. The Department shall send to the court information
5 related to the costs incurred except in cases where the court
6 has determined the parties are financially unable to pay. The
7 court may order additional periodic reports as appropriate.
8 (u) Whenever the Department places a child in a licensed
9 foster home, group home, child care institution, or in a
10 relative home, the Department shall provide to the caretaker:
11 (1) available detailed information concerning the
12 child's educational and health history, copies of
13 immunization records (including insurance and medical
14 card information), a history of the child's previous
15 placements, if any, and reasons for placement changes
16 excluding any information that identifies or reveals the
17 location of any previous caretaker;
18 (2) a copy of the child's portion of the client
19 service plan, including any visitation arrangement, and
20 all amendments or revisions to it as related to the
21 child; and
22 (3) information containing details of the child's
23 individualized educational plan when the child is
24 receiving special education services.
25 The caretaker shall be informed of any known social or
26 behavioral information (including, but not limited to,
27 criminal background, fire setting, perpetuation of sexual
28 abuse, destructive behavior, and substance abuse) necessary
29 to care for and safeguard the child.
30 (u-5) Effective July 1, 1995, only foster care
31 placements licensed as foster family homes pursuant to the
32 Child Care Act of 1969 shall be eligible to receive foster
33 care payments from the Department. Relative caregivers who,
34 as of July 1, 1995, were approved pursuant to approved
35 relative placement rules previously promulgated by the
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1 Department at 89 Ill. Adm. Code 335 and had submitted an
2 application for licensure as a foster family home may
3 continue to receive foster care payments only until the
4 Department determines that they may be licensed as a foster
5 family home or that their application for licensure is denied
6 or until September 30, 1995, whichever occurs first.
7 (v) The Department shall access criminal history record
8 information as defined in the Illinois Uniform Conviction
9 Information Act and information maintained in the
10 adjudicatory and dispositional record system as defined in
11 subdivision (A)19 of Section 55a of the Civil Administrative
12 Code of Illinois if the Department determines the information
13 is necessary to perform its duties under the Abused and
14 Neglected Child Reporting Act, the Child Care Act of 1969,
15 and the Children and Family Services Act. The Department
16 shall provide for interactive computerized communication and
17 processing equipment that permits direct on-line
18 communication with the Department of State Police's central
19 criminal history data repository. The Department shall
20 comply with all certification requirements and provide
21 certified operators who have been trained by personnel from
22 the Department of State Police. In addition, one Office of
23 the Inspector General investigator shall have training in the
24 use of the criminal history information access system and
25 have access to the terminal. The Department of Children and
26 Family Services and its employees shall abide by rules and
27 regulations established by the Department of State Police
28 relating to the access and dissemination of this information.
29 (w) Within 120 days of August 20, 1995 (the effective
30 date of Public Act 89-392), the Department shall prepare and
31 submit to the Governor and the General Assembly, a written
32 plan for the development of in-state licensed secure child
33 care facilities that care for children who are in need of
34 secure living arrangements for their health, safety, and
35 well-being. For purposes of this subsection, secure care
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1 facility shall mean a facility that is designed and operated
2 to ensure that all entrances and exits from the facility, a
3 building or a distinct part of the building, are under the
4 exclusive control of the staff of the facility, whether or
5 not the child has the freedom of movement within the
6 perimeter of the facility, building, or distinct part of the
7 building. The plan shall include descriptions of the types
8 of facilities that are needed in Illinois; the cost of
9 developing these secure care facilities; the estimated number
10 of placements; the potential cost savings resulting from the
11 movement of children currently out-of-state who are projected
12 to be returned to Illinois; the necessary geographic
13 distribution of these facilities in Illinois; and a proposed
14 timetable for development of such facilities.
15 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
16 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
17 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
18 revised 10-20-97.)
19 (20 ILCS 505/5c new)
20 Sec. 5c. Direct child welfare service employee license.
21 By January 1, 2000, the Department, in consultation with
22 private child welfare agencies, shall develop and implement a
23 direct child welfare service employee license. By January 1,
24 2001 all child protective investigators and supervisors and
25 child welfare specialists and supervisors employed by the
26 Department or its contractors shall be required to
27 demonstrate sufficient knowledge and skills to obtain and
28 maintain the license. The Department shall have the
29 authority to revoke or suspend the license of anyone who
30 after a hearing is found to be guilty of misfeasance. The
31 Department shall promulgate such rules as necessary to
32 implement this Section.
33 On or before January 1, 2000, and every year thereafter,
34 the Department shall submit an annual report to the General
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1 Assembly on the implementation of this Section.
2 (20 ILCS 505/7) (from Ch. 23, par. 5007)
3 Sec. 7. Placement of children; considerations.
4 (a) In placing any child under this Act, the Department
5 shall place such child, as far as possible, in the care and
6 custody of some individual holding the same religious belief
7 as the parents of the child, or with some child care facility
8 which is operated by persons of like religious faith as the
9 parents of such child.
10 (b) In placing a child under this Act, the Department
11 may place a child with a relative if the Department has
12 reason to believe that the relative will be able to
13 adequately provide for the child's safety and welfare. The
14 Department may not place a child with a relative, with the
15 exception of certain circumstances which may be waived as
16 defined by the Department in rules, if the results of a check
17 of the Law Enforcement Agency Data System (LEADS) identifies
18 a prior criminal conviction of the relative or any adult
19 member of the relative's household for any of the following
20 offenses under the Criminal Code of 1961:
21 (1) murder;
22 (1.1) solicitation of murder;
23 (1.2) solicitation of murder for hire;
24 (1.3) intentional homicide of an unborn child;
25 (1.4) voluntary manslaughter of an unborn child;
26 (1.5) involuntary manslaughter;
27 (1.6) reckless homicide;
28 (1.7) concealment of a homicidal death;
29 (1.8) involuntary manslaughter of an unborn child;
30 (1.9) reckless homicide of an unborn child;
31 (1.10) drug-induced homicide;
32 (2) a sex offense under Article 11, except offenses
33 described in Sections 11-7, 11-8, 11-12, and 11-13;
34 (3) kidnapping;
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1 (3.1) aggravated unlawful restraint;
2 (3.2) forcible detention;
3 (3.3) aiding and abetting child abduction;
4 (4) aggravated kidnapping;
5 (5) child abduction;
6 (6) aggravated battery of a child;
7 (7) criminal sexual assault;
8 (8) aggravated criminal sexual assault;
9 (8.1) predatory criminal sexual assault of a child;
10 (9) criminal sexual abuse;
11 (10) aggravated sexual abuse;
12 (11) heinous battery;
13 (12) aggravated battery with a firearm;
14 (13) tampering with food, drugs, or cosmetics;
15 (14) drug-induced infliction of great bodily harm;
16 (15) aggravated stalking;
17 (16) home invasion;
18 (17) vehicular invasion;
19 (18) criminal transmission of HIV;
20 (19) criminal neglect of an elderly or disabled
21 person;
22 (20) child abandonment;
23 (21) endangering the life or health of a child;
24 (22) ritual mutilation;
25 (23) ritualized abuse of a child;
26 (24) an offense in any other state the elements of
27 which are similar and bear a substantial relationship to
28 any of the foregoing offenses.
29 For the purpose of this subsection, "relative" shall include
30 any person, 21 years of age or over, other than the parent,
31 who (i) is currently related to the child in any of the
32 following ways by blood or adoption: grandparent, sibling,
33 great-grandparent, uncle, aunt, nephew, niece, first cousin,
34 great-uncle, or great-aunt; or (ii) is the spouse of such a
35 relative; or (iii) is the child's step-father, step-mother,
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1 or adult step-brother or step-sister; "relative" also
2 includes a person related in any of the foregoing ways to a
3 sibling of a child, even though the person is not related to
4 the child, when the child and its sibling are placed together
5 with that person. A relative with whom a child is placed
6 pursuant to this subsection may, but is not required to,
7 apply for licensure as a foster family home pursuant to the
8 Child Care Act of 1969; provided, however, that as of July 1,
9 1995, foster care payments shall be made only to licensed
10 foster family homes pursuant to the terms of Section 5 of
11 this Act.
12 (c) In placing a child under this Act, the Department
13 shall ensure that the child's health, safety, and best
14 interests are met by giving due, not sole, consideration to
15 the child's race or ethnic heritage in making a family foster
16 care placement. The Department shall consider the individual
17 needs cultural, ethnic, or racial background of the child and
18 the capacity of the prospective foster or adoptive parents to
19 meet the needs of a child of this background as one of a
20 number of factors used to determine the best interests of the
21 child. The Department shall make special efforts for the
22 diligent recruitment of potential foster and adoptive
23 families that reflect the ethnic and racial diversity of the
24 children for whom foster and adoptive homes are needed.
25 "Special efforts" shall include contacting and working with
26 community organizations and religious organizations and may
27 include contracting with those organizations, utilizing local
28 media and other local resources, and conducting outreach
29 activities.
30 (c-1) At the time of placement, the Department shall
31 consider concurrent planning, as described in subsection
32 (l-1) of Section 5, so that permanency may occur at the
33 earliest opportunity. Consideration should be given so that
34 if reunification fails or is delayed, the placement made is
35 the best available placement to provide permanency for the
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1 child.
2 (d) The Department may accept gifts, grants, offers of
3 services, and other contributions to use in making special
4 recruitment efforts.
5 (e) The Department in placing children in adoptive or
6 foster care homes may not, in any policy or practice relating
7 to the placement of children for adoption or foster care,
8 discriminate against any child or prospective adoptive or
9 foster parent on the basis of race.
10 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
11 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96; 90-27,
12 eff. 1-1-98; 90-28, eff. 1-1-98.)
13 (20 ILCS 505/8) (from Ch. 23, par. 5008)
14 Sec. 8. Scholarships and fee waivers. Each year the
15 Department may select from among the children under care, or
16 children formerly under care who have been adopted or are in
17 the subsidized guardianship program, a maximum of 48 24
18 students, (at least 4 of whom shall be children of veterans),
19 who have completed 4 years in an accredited high school; the
20 children selected who shall be eligible for scholarships and
21 fee waivers which will entitle them to 4 consecutive years of
22 community college, university, or college education.
23 Selection shall be made on the basis of scholastic record,
24 aptitude, and general interest in higher education. In
25 accordance with this Act, tuition scholarships and fee
26 waivers shall be available to such students at any university
27 or college maintained by the State of Illinois. The
28 Department shall provide maintenance and school expenses,
29 except tuition and fees, during the academic years to
30 supplement the students' earnings or other resources so long
31 as they consistently maintain scholastic records which are
32 acceptable to their schools and to the Department. Students
33 may attend other colleges and universities, if scholarships
34 are awarded them, and receive the same benefits for
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1 maintenance and other expenses as those students attending
2 any Illinois State community college, university, or college
3 under this Section.
4 (Source: P.A. 84-168.)
5 Section 10. The Child Death Review Team Act is amended
6 by changing Section 20 as follows:
7 (20 ILCS 515/20)
8 Sec. 20. Reviews of child deaths.
9 (a) Every child death shall be reviewed by the team in
10 the subregion which has primary case management
11 responsibility. The deceased child must be one of the
12 following:
13 (1) A ward of the Department.
14 (2) The subject of an open service case maintained
15 by the Department.
16 (3) The subject of a pending child abuse or neglect
17 investigation.
18 (4) A child who was the subject of an abuse or
19 neglect investigation at any time during the 12 months
20 preceding the child's death.
21 (5) Any other child whose death is reported to the
22 State central register as a result of alleged child abuse
23 or neglect which report is subsequently indicated.
24 A child death review team may, at its discretion, review
25 other sudden, unexpected, or unexplained child deaths.
26 (b) A child death review team's purpose in conducting
27 reviews of child deaths is to do the following:
28 (1) Assist in determining the cause and manner of
29 the child's death, when requested.
30 (2) Evaluate means by which the death might have
31 been prevented.
32 (3) Report its findings to appropriate agencies and
33 make recommendations that may help to reduce the number
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1 of child deaths caused by abuse or neglect.
2 (4) Promote continuing education for professionals
3 involved in investigating, treating, and preventing child
4 abuse and neglect as a means of preventing child deaths
5 due to abuse or neglect.
6 (5) Make specific recommendations to the Director
7 and the Inspector General of the Department concerning
8 the prevention of child deaths due to abuse or neglect
9 and the establishment of protocols for investigating
10 child deaths.
11 (c) A child death review team shall review a child death
12 as soon as practical and not later than 90 days following the
13 completion by the Department of the investigation of the
14 death under the Abused and Neglected Child Reporting Act.
15 When there has been no investigation by the Department, the
16 child death review team shall review a child's death within
17 90 days after obtaining the information necessary to complete
18 the review from the coroner, pathologist, medical examiner,
19 or law enforcement agency, depending on the nature of the
20 case. A child death review team shall meet at least once in
21 each calendar quarter.
22 (d) The Director shall, within 90 days, review and reply
23 to recommendations made by a team under item (5) of
24 subsection (b). The Director shall implement recommendations
25 as feasible and appropriate and shall respond in writing to
26 explain the implementation or nonimplementation of the
27 recommendations.
28 (Source: P.A. 90-239, eff. 7-28-97.)
29 Section 15. The Hospital Licensing Act is amended by
30 changing Section 9 as follows:
31 (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
32 Sec. 9. The Department shall make or cause to be made
33 such inspections and investigations as it deems necessary.
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1 Information received by the Department through filed reports,
2 inspection, or as otherwise authorized under this Act shall
3 not be disclosed publicly in such manner as to identify
4 individuals or hospitals, except (i) in a proceeding
5 involving the denial, suspension, or revocation of a permit
6 to establish a hospital or a proceeding involving the denial,
7 suspension, or revocation of a license to open, conduct,
8 operate, and maintain a hospital, (ii) to the Department of
9 Children and Family Services in the course of a child abuse
10 or neglect investigation conducted by that Department or by
11 the Department of Public Health, or (iii) in other
12 circumstances as may be approved by the Hospital Licensing
13 Board.
14 (Source: Laws 1965, p. 2350.)
15 Section 17. The Child Care Act of 1969 is amended by
16 changing Section 4 and adding Sections 2.22 and 3.1 as
17 follows:
18 (225 ILCS 10/2.22 new)
19 Sec. 2.22. "Secure child care facility" means any child
20 care facility licensed by the Department to provide secure
21 living arrangements for children under 18 years of age who
22 are subject to placement in facilities under the Children and
23 Family Services Act and who are not subject to placement in
24 facilities for whom standards are established by the
25 Department of Corrections under Section 3-15-2 of the Unified
26 Code of Corrections and which comply with the requirements of
27 this Act and applicable rules of the Department and which
28 shall be consistent with requirements established for child
29 residents of mental health facilities under the Juvenile
30 Court Act of 1987 and the Mental Health and Developmental
31 Disabilities Code. "Secure child care facility" also means a
32 facility that is designed and operated to ensure that all
33 entrances and exists from the facility, a building, or a
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1 distinct part of the building are under the exclusive control
2 of the staff of the facility, whether or not the child has
3 the freedom of movement within the perimeter of the facility,
4 building, or distinct part of the building.
5 (225 ILCS 10/3.1 new)
6 Sec. 3.1 Licenses for secure child care facility. The
7 Department shall establish standards for licensing secure
8 child care facilities which comply with the requirements of
9 this Act, Section 2-27.1 of the Juvenile Court Act of 1987,
10 applicable requirements of the Mental Health and
11 Developmental Disabilities Code, and applicable rules of the
12 Department. On or before January 1, 1999, the Department
13 shall develop rules that set standards and the degree of need
14 for licensed secure facilities. Within 90 days after the
15 effective date of this amendatory Act of 1998, the Director
16 shall appoint an advisory committee to assist the Department
17 in the development of these rules.
18 (225 ILCS 10/4) (from Ch. 23, par. 2214)
19 Sec. 4. License requirement; application; notice.
20 (a) Any person, group of persons or corporation who or
21 which receives children or arranges for care or placement of
22 one or more children unrelated to the operator must apply for
23 a license to operate one of the types of facilities defined
24 in Sections 2.05 through 2.19 and in Section 2.22 of this
25 Act. Any relative who receives a child or children for
26 placement by the Department on a full-time basis may apply
27 for a license to operate a foster family home as defined in
28 Section 2.17 of this Act.
29 (b) Application for a license to operate a child care
30 facility must be made to the Department in the manner and on
31 forms prescribed by it. An application to operate a foster
32 family home shall include, at a minimum: a completed written
33 form; written authorization by the applicant and all adult
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1 members of the applicant's household to conduct a criminal
2 background investigation; medical evidence in the form of a
3 medical report, on forms prescribed by the Department, that
4 the applicant and all members of the household are free from
5 communicable diseases or physical and mental conditions that
6 affect their ability to provide care for the child or
7 children; the names and addresses of at least 3 persons not
8 related to the applicant who can attest to the applicant's
9 moral character; and fingerprints submitted by the applicant
10 and all adult members of the applicant's household.
11 (c) The Department shall notify the public when a child
12 care institution, maternity center, or group home licensed by
13 the Department undergoes a change in (i) the range of care or
14 services offered at the facility, (ii) the age or type of
15 children served, or (iii) the area within the facility used
16 by children. The Department shall notify the public of the
17 change in a newspaper of general circulation in the county or
18 municipality in which the applicant's facility is or is
19 proposed to be located.
20 (d) If, upon examination of the facility and
21 investigation of persons responsible for care of children,
22 the Department is satisfied that the facility and responsible
23 persons reasonably meet standards prescribed for the type of
24 facility for which application is made, it shall issue a
25 license in proper form, designating on that license the type
26 of child care facility and, except for a child welfare
27 agency, the number of children to be served at any one time.
28 (Source: P.A. 89-21, eff. 7-1-95; 90-90, eff. 7-11-97.)
29 Section 20. The Abused and Neglected Child Reporting Act
30 is amended by changing Sections 7.16 and 8.2 as follows:
31 (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
32 Sec. 7.16. For any investigation or appeal initiated on
33 or after, or pending on July 1, 1998, the following time
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1 frames shall apply. Within 60 days after the notification of
2 the completion of the Child Protective Service Unit
3 investigation, determined by the date of the notification
4 sent by the Department, a subject of a report may request the
5 Department to amend the record or remove the record of the
6 report from the register. Such request shall be in writing
7 and directed to such person as the Department designates in
8 the notification. If the Department disregards shall
9 disregard any request not made in such manner. If the
10 Department refuses to do so or does not act within 10 30
11 days, the subject shall have the right to a hearing within
12 the Department to determine whether the record of the report
13 should be amended or removed on the grounds that it is
14 inaccurate or it is being maintained in a manner
15 inconsistent with this Act, except that there shall be no
16 such right to a hearing on the ground of the report's
17 inaccuracy if there has been a court finding of child abuse
18 or neglect, the report's accuracy being conclusively presumed
19 on such finding. Such hearing shall be held within a
20 reasonable time after the subject's request and at a
21 reasonable place and hour. The appropriate Child Protective
22 Service Unit shall be given notice of the hearing. In such
23 hearings, the burden of proving the accuracy and consistency
24 of the record shall be on the Department and the appropriate
25 Child Protective Service Unit. The hearing shall be conducted
26 by the Director or his designee, who is hereby authorized
27 and empowered to order the amendment or removal of the record
28 to make it accurate and consistent with this Act. The
29 decision shall be made, in writing, at the close of the
30 hearing, or within 45 30 days thereof, and shall state the
31 reasons upon which it is based. Decisions of the Department
32 under this Section are administrative decisions subject to
33 judicial review under the Administrative Review Law.
34 Should the Department grant the request of the subject of
35 the report pursuant to this Section either on administrative
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1 review or after administrative hearing to amend an indicated
2 report to an unfounded report, the report shall be released
3 and expunged in accordance with the standards set forth in
4 Section 7.14 of this Act.
5 (Source: P.A. 90-15, eff. 6-13-97.)
6 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
7 Sec. 8.2. If the Child Protective Service Unit
8 determines, following an investigation made pursuant to
9 Section 7.4 of this Act, that there is credible evidence that
10 the child is abused or neglected, the Department shall assess
11 the family's need for services, and, as necessary, develop,
12 with the family, an appropriate service plan for the family's
13 voluntary acceptance or refusal. In any case where there is
14 evidence that the perpetrator of the abuse or neglect is an
15 addict or alcoholic as defined in the Alcoholism and Other
16 Drug Abuse and Dependency Act, the Department, when making
17 referrals for drug or alcohol abuse services, shall make such
18 referrals to facilities licensed by the Department of Human
19 Services or the Department of Public Health. The Department
20 shall comply with Section 8.1 by explaining its lack of legal
21 authority to compel the acceptance of services and may
22 explain its concomitant authority to petition the Circuit
23 court under the Juvenile Court Act of 1987 or refer the case
24 to the local law enforcement authority or State's attorney
25 for criminal prosecution.
26 For purposes of this Act, the term "family preservation
27 services" refers to all services to help families, including
28 adoptive and extended families. Family preservation services
29 shall be offered, where safe and appropriate, to prevent the
30 placement of children in substitute care when the children
31 can be cared for at home or in the custody of the person
32 responsible for the children's welfare without endangering
33 the children's health or safety, to reunite them with their
34 families if so placed when reunification is an appropriate
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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 will ensure the child's health and safety, are in
18 the child's best interests, and will not place the child in
19 imminent risk of harm. Beginning July 1, 2000, appropriate
20 family preservation services shall be uniformly available
21 throughout the State. The Department shall promptly notify
22 children and families of the Department's responsibility to
23 offer and provide family preservation services as identified
24 in the service plan. Such plans may include but are not
25 limited to: case management services; homemakers; counseling;
26 parent 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
35 Section. The report shall include:
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1 (a) the number of families and children served, by
2 type of services;
3 (b) the outcome from the provision of such
4 services, including the number of families which remained
5 intact at least 6 months following the termination of
6 services;
7 (c) the number of families which have been subjects
8 of founded reports of abuse following the termination of
9 services;
10 (d) an analysis of general family circumstances in
11 which family preservation services have been determined
12 to be an effective intervention;
13 (e) information regarding the number of families in
14 need of services but unserved due to budget or program
15 criteria guidelines;
16 (f) an estimate of the time necessary for and the
17 annual cost of statewide implementation of such services;
18 (g) an estimate of the length of time before
19 expansion of these services will be made to include
20 families with children over the age of 6; and
21 (h) recommendations regarding any proposed
22 legislative changes to this program.
23 Each Department field office shall maintain on a local
24 basis directories of services available to children and
25 families in the local area where the Department office is
26 located.
27 The Department shall refer children and families served
28 pursuant to this Section to private agencies and governmental
29 agencies, where available.
30 Where there are 2 equal proposals from both a
31 not-for-profit and a for-profit agency to provide services,
32 the Department shall give preference to the proposal from the
33 not-for-profit agency.
34 No service plan shall compel any child or parent to
35 engage in any activity or refrain from any activity which is
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1 not reasonably related to remedying a condition or conditions
2 that gave rise or which could give rise to any finding of
3 child abuse or neglect.
4 (Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14,
5 eff. 7-1-97; 90-28, eff. 1-1-98.)
6 Section 25. The Vital Records Act is amended by changing
7 Section 8 as follows:
8 (410 ILCS 535/8) (from Ch. 111 1/2, par. 73-8)
9 Sec. 8. Each local registrar shall:
10 (1) Appoint one or more deputies to act for him in his
11 absence or to assist him. Such deputies shall be subject to
12 all rules and regulations governing local registrars.
13 (2) Appoint one or more subregistrars when necessary for
14 the convenience of the people. To become effective, such
15 appointments must be approved by the State Registrar of Vital
16 Records. A subregistrar shall exercise such authority as is
17 given him by the local registrar and is subject to the
18 supervision and control of the State Registrar of Vital
19 Records, and shall be liable to the same penalties as local
20 registrars, as provided in Section 27 of this Act.
21 (3) Administer and enforce the provisions of this Act
22 and the instructions, rules, and regulations issued
23 hereunder.
24 (4) Require that certificates be completed and filed in
25 accordance with the provisions of this Act and the rules and
26 regulations issued hereunder.
27 (5) Prepare and transmit monthly an accurate copy of
28 each record of live birth, death, and fetal death to the
29 county clerk of his county. He shall also, in the case of a
30 death of a person who was a resident of another county,
31 prepare an additional copy of the death record and transmit
32 it to the county clerk of the county in which such person was
33 a resident. In no case shall the county clerk's copy of a
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1 live birth record include the section of the certificate
2 which contains information for health and statistical program
3 use only.
4 (6) (Blank).
5 (7) Prepare, file, and retain for a period of at least
6 10 years in his own office an accurate copy of each record of
7 live birth, death, and fetal death accepted for registration.
8 Only in those instances in which the local registrar is also
9 a full time city, village, incorporated town, public health
10 district, county, or multi-county health officer recognized
11 by the Department may the health and statistical data section
12 of the live birth record be made a part of this copy.
13 (8) Transmit monthly the certificates, reports, or other
14 returns filed with him to the State Registrar of Vital
15 Records, or more frequently when directed to do so by the
16 State Registrar of Vital Records.
17 (8.5) Transmit monthly to the State central register of
18 the Illinois Department of Children and Family Services a
19 copy of all death certificates of persons under 18 years of
20 age who have died within the month.
21 (9) Maintain such records, make such reports, and
22 perform such other duties as may be required by the State
23 Registrar of Vital Records.
24 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
25 Section 30. The Juvenile Court Act of 1987 is amended by
26 changing Sections 1-2, 1-3, 1-5, 2-13, 2-14, 2-15, 2-16,
27 2-17.1, 2-18, 2-21, 2-22, 2-23, 2-27, 2-28, 2-28.1, 2-29,
28 2-31, and 2-32 and adding Sections 2-13.1, 2-27.1, and 2-33
29 as follows:
30 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
31 Sec. 1-2. Purpose and policy.
32 (1) The purpose of this Act is to secure for each minor
33 subject hereto such care and guidance, preferably in his or
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1 her own home, as will serve the safety and moral, emotional,
2 mental, and physical welfare of the minor and the best
3 interests of the community; to preserve and strengthen the
4 minor's family ties whenever possible, removing him or her
5 from the custody of his or her parents only when his or her
6 safety or welfare or the protection of the public cannot be
7 adequately safeguarded without removal; if the child is
8 removed from the custody of his or her parent, the Department
9 of Children and Family Services immediately shall consider
10 concurrent planning, as described in Section 5 of the
11 Children and Family Services Act so that permanency may occur
12 at the earliest opportunity; consideration should be given so
13 that if reunification fails or is delayed, the placement made
14 is the best available placement to provide permanency for the
15 child; and, when the minor is removed from his or her own
16 family, to secure for him or her custody, care and discipline
17 as nearly as possible equivalent to that which should be
18 given by his or her parents, and in cases where it should and
19 can properly be done to place the minor in a family home so
20 that he or she may become a member of the family by legal
21 adoption or otherwise. Provided that a ground for unfitness
22 under the Adoption Act can be met, it may be appropriate to
23 expedite termination of parental rights:
24 (a) when reasonable efforts are inappropriate, or
25 have been provided and were unsuccessful, and there are
26 aggravating circumstances including, but not limited to,
27 those cases in which (i) the a child or another child of
28 that child's parent a sibling of the child was (A)
29 abandoned, (B) tortured, or (C) chronically abused or
30 (ii) the parent is criminally convicted of (A) first
31 degree murder or second degree murder of any child, (B)
32 attempt or conspiracy to commit first degree murder or
33 second degree murder of any child, (C) solicitation to
34 commit murder, solicitation to commit murder for hire, or
35 solicitation to commit second degree murder of any child,
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1 or aggravated assault in violation of subdivision (a)(13)
2 of Section 12-2 of the Criminal Code of 1961 or
3 accountability for the first or second degree murder of
4 any child, or (D) aggravated criminal sexual assault in
5 violation of Section 12-14(b)(1) of the Criminal Code of
6 1961; or
7 (b) when the parental rights of a parent with
8 respect to another child of the parent a sibling of the
9 child have been involuntarily terminated; or
10 (c) in those extreme cases in which the parent's
11 incapacity to care for the child, combined with an
12 extremely poor prognosis for treatment or rehabilitation,
13 justifies expedited termination of parental rights.
14 (2) In all proceedings under this Act the court may
15 direct the course thereof so as promptly to ascertain the
16 jurisdictional facts and fully to gather information bearing
17 upon the current condition and future welfare of persons
18 subject to this Act. This Act shall be administered in a
19 spirit of humane concern, not only for the rights of the
20 parties, but also for the fears and the limits of
21 understanding of all who appear before the court.
22 (3) In all procedures under this Act, the following
23 shall apply:
24 (a) The procedural rights assured to the minor
25 shall be the rights of adults unless specifically
26 precluded by laws which enhance the protection of such
27 minors.
28 (b) Every child has a right to services necessary
29 to his or her safety and proper development, including
30 health, education and social services.
31 (c) The parents' right to the custody of their
32 child shall not prevail when the court determines that it
33 is contrary to the health, safety, and best interests of
34 the child.
35 (4) This Act shall be liberally construed to carry out
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1 the foregoing purpose and policy.
2 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
3 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
4 eff. 8-16-97.)
5 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
6 Sec. 1-3. Definitions. Terms used in this Act, unless
7 the context otherwise requires, have the following meanings
8 ascribed to them:
9 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
10 hearing to determine whether the allegations of a petition
11 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
12 of age is abused, neglected or dependent, or requires
13 authoritative intervention, or addicted, respectively, are
14 supported by a preponderance of the evidence or whether the
15 allegations of a petition under Section 5-13 that a minor is
16 delinquent are proved beyond a reasonable doubt.
17 (2) Adult. "Adult" means a person 21 years of age or
18 older.
19 (3) Agency. "Agency" means a public or private child
20 care facility legally authorized or licensed by this State
21 for placement or institutional care or for both placement and
22 institutional care.
23 (4) Association. "Association" means any organization,
24 public or private, engaged in welfare functions which include
25 services to or on behalf of children but does not include
26 "agency" as herein defined.
27 (4.05) Best Interests. Whenever a "best interest"
28 determination is required, the following factors shall be
29 considered in the context of the child's age and
30 developmental needs:
31 (a) the physical safety and welfare of the child,
32 including food, shelter, health, and clothing;
33 (b) the development of the child's identity;
34 (c) the child's background and ties, including familial,
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1 racial, cultural, and religious;
2 (d) the child's sense of attachments, including:
3 (i) where the child actually feels love,
4 attachment, and a sense of being valued (as opposed to
5 where adults believe the child should feel such love,
6 attachment, and a sense of being valued);
7 (ii) the child's sense of security;
8 (iii) the child's sense of familiarity;
9 (iv) continuity of affection for the child;
10 (v) the least disruptive placement alternative for
11 the child;
12 (e) the child's wishes and long-term goals;
13 (f) the child's community ties, including church,
14 school, and friends;
15 (g) the child's need for permanence which includes the
16 child's need for stability and continuity of relationships
17 with parent figures and with siblings and other relatives
18 permanence for the child;
19 (h) the uniqueness of every family and child;
20 (i) the risks attendant to entering and being in
21 substitute care; and
22 (j) the preferences of the persons available to care for
23 the child.
24 (4.1) Chronic truant. "Chronic truant" shall have the
25 definition ascribed to it in Section 26-2a of the School
26 Code.
27 (5) Court. "Court" means the circuit court in a session
28 or division assigned to hear proceedings under this Act.
29 (6) Dispositional hearing. "Dispositional hearing" means
30 a hearing to determine whether a minor should be adjudged to
31 be a ward of the court, and to determine what order of
32 disposition should be made in respect to a minor adjudged to
33 be a ward of the court.
34 (7) Emancipated minor. "Emancipated minor" means any
35 minor 16 years of age or over who has been completely or
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1 partially emancipated under the "Emancipation of Mature
2 Minors Act", enacted by the Eighty-First General Assembly, or
3 under this Act.
4 (8) Guardianship of the person. "Guardianship of the
5 person" of a minor means the duty and authority to act in the
6 best interests of the minor, subject to residual parental
7 rights and responsibilities, to make important decisions in
8 matters having a permanent effect on the life and development
9 of the minor and to be concerned with his or her general
10 welfare. It includes but is not necessarily limited to:
11 (a) the authority to consent to marriage, to
12 enlistment in the armed forces of the United States, or
13 to a major medical, psychiatric, and surgical treatment;
14 to represent the minor in legal actions; and to make
15 other decisions of substantial legal significance
16 concerning the minor;
17 (b) the authority and duty of reasonable
18 visitation, except to the extent that these have been
19 limited in the best interests of the minor by court
20 order;
21 (c) the rights and responsibilities of legal
22 custody except where legal custody has been vested in
23 another person or agency; and
24 (d) the power to consent to the adoption of the
25 minor, but only if expressly conferred on the guardian in
26 accordance with Section 2-29, 3-30, 4-27 or 5-31.
27 (9) Legal custody. "Legal custody" means the
28 relationship created by an order of court in the best
29 interests of the minor which imposes on the custodian the
30 responsibility of physical possession of a minor and the duty
31 to protect, train and discipline him and to provide him with
32 food, shelter, education and ordinary medical care, except as
33 these are limited by residual parental rights and
34 responsibilities and the rights and responsibilities of the
35 guardian of the person, if any.
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1 (10) Minor. "Minor" means a person under the age of 21
2 years subject to this Act.
3 (11) Parents. "Parent" means the father or mother of a
4 child and includes any adoptive parent. It also includes a
5 man (i) the father whose paternity is presumed or has been
6 established under the law of this or another jurisdiction or
7 (ii) who has registered with the Putative Father Registry in
8 accordance with Section 12.1 of the Adoption Act and whose
9 paternity has not been ruled out under the law of this or
10 another jurisdiction. It does not include a parent whose
11 rights in respect to the minor have been terminated in any
12 manner provided by law.
13 (11.1) "Permanency goal" means a goal set by the court
14 as defined in subdivision (2)(c) of Section 2-28 or
15 subsection (c) of Section 2-28.01 or in counties with a
16 population of 3,000,000 or more, a goal ordered by a judge.
17 (11.2) "Permanency hearing" means a hearing to set the
18 permanency goal and to review and determine (i) the
19 appropriateness of the permanency goal, (ii) the
20 appropriateness of the services contained in the plan and
21 whether those services have been provided, (ii) (iii) whether
22 reasonable efforts have been made by all the parties to the
23 service plan to achieve the goal, and (iii) (iv) whether the
24 plan and goal have been achieved.
25 (12) Petition. "Petition" means the petition provided
26 for in Section 2-13, 3-15, 4-12 or 5-13, including any
27 supplemental petitions thereunder in Section 3-15, 4-12 or
28 5-13.
29 (13) Residual parental rights and responsibilities.
30 "Residual parental rights and responsibilities" means those
31 rights and responsibilities remaining with the parent after
32 the transfer of legal custody or guardianship of the person,
33 including, but not necessarily limited to, the right to
34 reasonable visitation (which may be limited by the court in
35 the best interests of the minor as provided in subsection
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1 (8)(b) of this Section), the right to consent to adoption,
2 the right to determine the minor's religious affiliation, and
3 the responsibility for his support.
4 (14) Shelter. "Shelter" means the temporary care of a
5 minor in physically unrestricting facilities pending court
6 disposition or execution of court order for placement.
7 (15) Station adjustment. "Station adjustment" means the
8 informal handling of an alleged offender by a juvenile police
9 officer.
10 (16) Ward of the court. "Ward of the court" means a
11 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
12 5-22, after a finding of the requisite jurisdictional facts,
13 and thus is subject to the dispositional powers of the court
14 under this Act.
15 (17) Juvenile police officer. "Juvenile police officer"
16 means a sworn police officer who has completed a Basic
17 Recruit Training Course, has been assigned to the position of
18 juvenile police officer by his or her chief law enforcement
19 officer and has completed the necessary juvenile officers
20 training as prescribed by the Illinois Law Enforcement
21 Training Standards Board, or in the case of a State police
22 officer, juvenile officer training approved by the Director
23 of the Department of State Police.
24 (18) "Secure child care facility" means any child care
25 facility licensed by the Department of Children and Family
26 Services to provide secure living arrangements for children
27 under 18 years of age who are subject to placement in
28 facilities under the Children and Family Services Act and who
29 are not subject to placement in facilities for whom standards
30 are established by the Department of Corrections under
31 Section 3-15-2 of the Unified Code of Corrections. "Secure
32 child care facility" also means a facility that is designed
33 and operated to ensure that all entrances and exists from the
34 facility, a building, or a distinct part of the building are
35 under the exclusive control of the staff of the facility,
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1 whether or not the child has the freedom of movement within
2 the perimeter of the facility, building, or distinct part of
3 the building.
4 (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; revised
5 11-12-97.)
6 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
7 Sec. 1-5. Rights of parties to proceedings.
8 (1) Except as provided in this Section and paragraph (2)
9 of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
10 subject of the proceeding and his parents, guardian, legal
11 custodian or responsible relative who are parties respondent
12 have the right to be present, to be heard, to present
13 evidence material to the proceedings, to cross-examine
14 witnesses, to examine pertinent court files and records and
15 also, although proceedings under this Act are not intended to
16 be adversary in character, the right to be represented by
17 counsel. At the request of any party financially unable to
18 employ counsel, with the exception of a foster parent
19 permitted to intervene under this Section, the court shall
20 appoint the Public Defender or such other counsel as the case
21 may require. Counsel appointed for the minor and any indigent
22 party shall appear at all stages of the trial court
23 proceeding, and such appointment shall continue through the
24 permanency hearings and termination of parental rights
25 proceedings subject to withdrawal or substitution pursuant to
26 Supreme Court Rules or the Code of Civil Procedure. Following
27 the dispositional hearing, the court may require appointed
28 counsel, other than counsel for the minor or counsel for the
29 guardian ad litem, to withdraw his or her appearance upon
30 failure of the party for whom counsel was appointed under
31 this Section to attend any subsequent proceedings.
32 No hearing on any petition or motion filed under this Act
33 may be commenced unless the minor who is the subject of the
34 proceeding is represented by counsel. Each adult respondent
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1 shall be furnished a written "Notice of Rights" at or before
2 the first hearing at which he or she appears.
3 (1.5) The Department shall maintain a system of response
4 to inquiry made by parents or putative parents as to whether
5 their child is under the custody or guardianship of the
6 Department; and if so, the Department shall direct the
7 parents or putative parents to the appropriate court of
8 jurisdiction, including where inquiry may be made of the
9 clerk of the court regarding the case number and the next
10 scheduled court date of the minor's case. Effective notice
11 and the means of accessing information shall be given to the
12 public on a continuing basis by the Department.
13 (2) (a) Though not appointed guardian or legal custodian
14 or otherwise made a party to the proceeding, any current or
15 previously appointed foster parent or relative caregiver, or
16 representative of an agency or association interested in the
17 minor has the right to be heard by the court, but does not
18 thereby become a party to the proceeding.
19 In addition to the foregoing right to be heard by the
20 court, any current foster parent or relative caregiver of a
21 minor and the agency designated by the court or the
22 Department of Children and Family Services as custodian of
23 the minor who is alleged to be or has been adjudicated an
24 abused or neglected minor under Section 2-3 or a dependent
25 minor under Section 2-4 of this Act has the right to and
26 shall be given adequate notice at all stages of any hearing
27 or proceeding under this Act wherein the custody or status of
28 the minor may be changed. Such notice shall contain a
29 statement regarding the nature and denomination of the
30 hearing or proceeding to be held, the change in custody or
31 status of the minor sought to be obtained at such hearing or
32 proceeding, and the date, time and place of such hearing or
33 proceeding. The Department of Children and Family Services
34 or the licensed child welfare agency that has placed the
35 minor with the foster parent shall notify the clerk of the
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1 court of the name and address of the current foster parent.
2 The clerk shall mail the notice by certified mail marked for
3 delivery to addressee only. The regular return receipt for
4 certified mail is sufficient proof of service.
5 Any foster parent or relative caregiver who is denied his
6 or her right to be heard under this Section may bring a
7 mandamus action under Article XIV of the Code of Civil
8 Procedure against the court or any public agency to enforce
9 that right. The mandamus action may be brought immediately
10 upon the denial of those rights but in no event later than 30
11 days after the foster parent has been denied the right to be
12 heard.
13 (b) If after an adjudication that a minor is abused or
14 neglected as provided under Section 2-21 of this Act and a
15 motion has been made to restore the minor to any parent,
16 guardian, or legal custodian found by the court to have
17 caused the neglect or to have inflicted the abuse on the
18 minor, a foster parent may file a motion to intervene in the
19 proceeding for the sole purpose of requesting that the minor
20 be placed with the foster parent, provided that the foster
21 parent (i) is the current foster parent of the minor or (ii)
22 has previously been a foster parent for the minor for one
23 year or more, has a foster care license or is eligible for a
24 license, and is not the subject of any findings of abuse or
25 neglect of any child. The juvenile court may only enter
26 orders placing a minor with a specific foster parent under
27 this subsection (2)(b) and nothing in this Section shall be
28 construed to confer any jurisdiction or authority on the
29 juvenile court to issue any other orders requiring the
30 appointed guardian or custodian of a minor to place the minor
31 in a designated foster home or facility. This Section is not
32 intended to encompass any matters that are within the scope
33 or determinable under the administrative and appeal process
34 established by rules of the Department of Children and Family
35 Services under Section 5(o) of the Children and Family
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1 Services Act. Nothing in this Section shall relieve the
2 court of its responsibility, under Section 2-14(a) of this
3 Act to act in a just and speedy manner to reunify families
4 where it is the best interests of the minor and the child can
5 be cared for at home without endangering the child's health
6 or safety and, if reunification is not in the best interests
7 of the minor, to find another permanent home for the minor.
8 Nothing in this Section, or in any order issued by the court
9 with respect to the placement of a minor with a foster
10 parent, shall impair the ability of the Department of
11 Children and Family Services, or anyone else authorized under
12 Section 5 of the Abused and Neglected Child Reporting Act, to
13 remove a minor from the home of a foster parent if the
14 Department of Children and Family Services or the person
15 removing the minor has reason to believe that the
16 circumstances or conditions of the minor are such that
17 continuing in the residence or care of the foster parent will
18 jeopardize the child's health and safety or present an
19 imminent risk of harm to that minor's life.
20 (c) If a foster parent has had the minor who is the
21 subject of the proceeding under Article II in his or her home
22 for more than one year on or after July 3, 1994 and if the
23 minor's placement is being terminated from that foster
24 parent's home, that foster parent shall have standing and
25 intervenor status except in those circumstances where the
26 Department of Children and Family Services or anyone else
27 authorized under Section 5 of the Abused and Neglected Child
28 Reporting Act has removed the minor from the foster parent
29 because of a reasonable belief that the circumstances or
30 conditions of the minor are such that continuing in the
31 residence or care of the foster parent will jeopardize the
32 child's health or safety or presents an imminent risk of harm
33 to the minor's life.
34 (d) The court may grant standing to any foster parent if
35 the court finds that it is in the best interest of the child
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1 for the foster parent to have standing and intervenor status.
2 (3) Parties respondent are entitled to notice in
3 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
4 and 4-15 or 5-15 and 5-16, as appropriate. At the first
5 appearance before the court by the minor, his parents,
6 guardian, custodian or responsible relative, the court shall
7 explain the nature of the proceedings and inform the parties
8 of their rights under the first 2 paragraphs of this Section.
9 If the child is alleged to be abused, neglected or
10 dependent, the court shall admonish the parents that if the
11 court declares the child to be a ward of the court and awards
12 custody or guardianship to the Department of Children and
13 Family Services, the parents must cooperate with the
14 Department of Children and Family Services, comply with the
15 terms of the service plans, and correct the conditions that
16 require the child to be in care, or risk termination of their
17 parental rights.
18 Upon an adjudication of wardship of the court under
19 Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
20 parties of their right to appeal therefrom as well as from
21 any other final judgment of the court.
22 When the court finds that a child is an abused,
23 neglected, or dependent minor under Section 2-21, the court
24 shall admonish the parents that the parents must cooperate
25 with the Department of Children and Family Services, comply
26 with the terms of the service plans, and correct the
27 conditions that require the child to be in care, or risk
28 termination of their parental rights.
29 When the court declares a child to be a ward of the court
30 and awards guardianship to the Department of Children and
31 Family Services under Section 2-22, the court shall admonish
32 the parents, guardian, custodian, or responsible relative
33 that the parents must cooperate with the Department of
34 Children and Family Services, comply with the terms of the
35 service plans, and correct the conditions that require the
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1 child to be in care, or risk termination of their parental
2 rights.
3 (4) No sanction may be applied against the minor who is
4 the subject of the proceedings by reason of his refusal or
5 failure to testify in the course of any hearing held prior to
6 final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
7 (5) In the discretion of the court, the minor may be
8 excluded from any part or parts of a dispositional hearing
9 and, with the consent of the parent or parents, guardian,
10 counsel or a guardian ad litem, from any part or parts of an
11 adjudicatory hearing.
12 (6) The general public except for the news media and the
13 victim shall be excluded from any hearing and, except for the
14 persons specified in this Section only persons, including
15 representatives of agencies and associations, who in the
16 opinion of the court have a direct interest in the case or in
17 the work of the court shall be admitted to the hearing.
18 However, the court may, for the minor's safety and protection
19 and for good cause shown, prohibit any person or agency
20 present in court from further disclosing the minor's
21 identity.
22 (7) A party shall not be entitled to exercise the right
23 to a substitution of a judge without cause under subdivision
24 (a)(2) of Section 2-1001 of the Code of Civil Procedure in a
25 proceeding under this Act if the judge is currently assigned
26 to a proceeding involving the alleged abuse, neglect, or
27 dependency of the minor's sibling or half sibling and that
28 judge has made a substantive ruling in the proceeding
29 involving the minor's sibling or half sibling.
30 (Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
31 eff. 1-1-98.)
32 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
33 Sec. 2-13. Petition.
34 (1) Any adult person, any agency or association by its
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1 representative may file, or the court on its own motion,
2 consistent with the health, safety and best interests of the
3 minor may direct the filing through the State's Attorney of a
4 petition in respect of a minor under this Act. The petition
5 and all subsequent court documents shall be entitled "In the
6 interest of ...., a minor".
7 (2) The petition shall be verified but the statements
8 may be made upon information and belief. It shall allege
9 that the minor is abused, neglected, or dependent, with
10 citations to the appropriate provisions of this Act, and set
11 forth (a) facts sufficient to bring the minor under Section
12 2-3 or 2-4 and to inform respondents of the cause of action,
13 including, but not limited to, a plain and concise statement
14 of the factual allegations that form the basis for the filing
15 of the petition; (b) the name, age and residence of the
16 minor; (c) the names and residences of his parents; (d) the
17 name and residence of his legal guardian or the person or
18 persons having custody or control of the minor, or of the
19 nearest known relative if no parent or guardian can be found;
20 and (e) if the minor upon whose behalf the petition is
21 brought is sheltered in custody, the date on which such
22 temporary custody was ordered by the court or the date set
23 for a temporary custody hearing. If any of the facts herein
24 required are not known by the petitioner, the petition shall
25 so state.
26 (3) The petition must allege that it is in the best
27 interests of the minor and of the public that he be adjudged
28 a ward of the court and may pray generally for relief
29 available under this Act. The petition need not specify any
30 proposed disposition following adjudication of wardship.
31 (4) If termination of parental rights and appointment of
32 a guardian of the person with power to consent to adoption of
33 the minor under Section 2-29 is sought, the petition shall so
34 state. If the petition includes this request, the prayer for
35 relief shall clearly and obviously state that the parents
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1 could permanently lose their rights as a parent at this
2 hearing.
3 In addition to the foregoing, the petitioner, by motion,
4 may request the termination of parental rights and
5 appointment of a guardian of the person with power to consent
6 to adoption of the minor under Section 2-29 at any time after
7 the entry of a dispositional order under Section 2-22.
8 (4.5) (a) With respect to any minors committed to its
9 care pursuant to this Act, the Department of Children and
10 Family Services shall request the State's Attorney to file a
11 petition or motion for termination of parental rights and
12 appointment of guardian of the person with power to consent
13 to adoption of the minor under Section 2-29 if:
14 (i) a minor has been in foster care, as described
15 in subsection (b), for 15 months of the most recent 22
16 months; or
17 (ii) a minor under the age of 2 years has been
18 previously determined to be abandoned at an adjudicatory
19 hearing; or
20 (iii) the parent is criminally convicted of (A)
21 first degree murder or second degree murder of any child,
22 (B) attempt or conspiracy to commit first degree murder
23 or second degree murder of any child, (C) solicitation to
24 commit murder of any child, solicitation to commit murder
25 for hire of any child, or solicitation to commit second
26 degree murder of any child, (D) aggravated battery,
27 aggravated battery of a child, or felony domestic
28 battery, any of which has resulted in serious injury to
29 the minor or a sibling of the minor, (E) aggravated
30 criminal sexual assault in violation of subdivision
31 (b)(1) of Section 12-14 of the Criminal Code of 1961, or
32 (F) an offense in any other state the elements of which
33 are similar and bear a substantial relationship to any of
34 the foregoing offenses
35 unless:
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1 (i) the child is being cared for by a relative,
2 (ii) the Department has documented in the case plan
3 a compelling reason for determining that filing such
4 petition would not be in the best interests of the child,
5 (iii) the court has found within the preceding 12
6 months that the Department has failed to make reasonable
7 efforts to reunify the child and family, or
8 (iv) paragraph (c) of this subsection (4.5)
9 provides otherwise.
10 (b) For purposes of this subsection, the date of
11 entering foster care is defined as the earlier of:
12 (1) The date of a judicial finding at an
13 adjudicatory hearing that the child is an abused,
14 neglected, or dependent minor; or
15 (2) 60 days after the date on which the child is
16 removed from his or her parent, guardian, or legal
17 custodian.
18 (c) With respect to paragraph (a)(i), the following
19 transition rules shall apply:
20 (1) If the child entered foster care after November
21 19, 1997 and this amendatory Act of 1998 takes effect
22 before the child has been in foster care for 15 months of
23 the preceding 22 months, then the Department shall comply
24 with the requirements of paragraph (a) of this subsection
25 (4.5) for that child as soon as the child has been in
26 foster care for 15 of the preceding 22 months.
27 (2) If the child entered foster care after November
28 19, 1997 and this amendatory Act of 1998 takes effect
29 after the child has been in foster care for 15 of the
30 preceding 22 months, then the Department shall comply
31 with the requirements of paragraph (a) of this subsection
32 (4.5) for that child within 3 months after the end of the
33 next regular session of the General Assembly.
34 (3) If the child entered foster care prior to
35 November 19, 1997, then the Department shall comply with
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1 the requirements of paragraph (a) of this subsection
2 (4.5) for that child in accordance with Department policy
3 or rule.
4 (d) If the State's Attorney determines that the
5 Department's request for filing of a petition or motion
6 conforms to the requirements set forth in subdivisions (a),
7 (b), and (c) of this subsection (4.5), then the State's
8 Attorney shall file the petition or motion as requested.
9 (5) The court shall liberally allow the petitioner to
10 amend the petition to set forth a cause of action or to add,
11 amend, or supplement factual allegations that form the basis
12 for a cause of action up until 14 days before the
13 adjudicatory hearing. The petitioner may amend the petition
14 after that date and prior to the adjudicatory hearing if the
15 court grants leave to amend upon a showing of good cause. The
16 court may allow amendment of the petition to conform with the
17 evidence at any time prior to ruling. In all cases in which
18 the court has granted leave to amend based on new evidence or
19 new allegations, the court shall permit the respondent an
20 adequate opportunity to prepare a defense to the amended
21 petition.
22 (6) At any time before dismissal of the petition or
23 before final closing and discharge under Section 2-31, one or
24 more motions in the best interests of the minor may be filed.
25 The motion shall specify sufficient facts in support of the
26 relief requested.
27 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
28 P.A. 90-443); 90-28, eff. 1-1-98.)
29 (705 ILCS 405/2-13.1 new)
30 Sec. 2-13.1. Early termination of reasonable efforts.
31 (1) (a) In conjunction with, or at any time subsequent
32 to, the filing of a petition on behalf of a minor in
33 accordance with Section 2-13 of this Act, the State's
34 Attorney, the guardian ad litem, or the Department of
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1 Children and Family Services may file a motion requesting a
2 finding that reasonable efforts to reunify that minor with
3 his or her parent or parents are no longer required and are
4 to cease.
5 (b) The court shall grant this motion with respect to a
6 parent of the minor if the court finds after a hearing that
7 the parent has:
8 (i) had his or her parental rights to another child
9 of the parent involuntarily terminated; or
10 (ii) been convicted of:
11 (A) first degree or second degree murder of
12 another child of the parent;
13 (B) attempt or conspiracy to commit first
14 degree or second degree murder of another child of
15 the parent;
16 (C) solicitation to commit murder of another
17 child of the parent, solicitation to commit murder
18 for hire of another child of the parent, or
19 solicitation to commit second degree murder of
20 another child of the parent;
21 (D) aggravated battery, aggravated battery of
22 a child, or felony domestic battery, any of which
23 has resulted in serious bodily injury to the minor
24 or another child of the parent; or
25 (E) an offense in any other state the elements
26 of which are similar and bear substantial
27 relationship to any of the foregoing offenses
28 unless the court sets forth in writing a compelling reason
29 why terminating reasonable efforts to reunify the minor with
30 the parent would not be in the best interests of that minor.
31 (c) The court shall also grant this motion with respect
32 to a parent of the minor if:
33 (i) after a hearing it determines that further
34 reunification services would no longer be appropriate,
35 and
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1 (ii) a dispositional hearing has already taken
2 place.
3 (2) (a) The court shall hold a permanency hearing within
4 30 days of granting a motion pursuant to this subsection. If
5 an adjudicatory or a dispositional hearing, or both, has not
6 taken place when the court grants a motion pursuant to this
7 Section, then either or both hearings shall be held as needed
8 so that both take place on or before the date a permanency
9 hearing is held pursuant to this subsection.
10 (b) Following a permanency hearing held pursuant to
11 paragraph (a) of this subsection, the appointed custodian or
12 guardian of the minor shall make reasonable efforts to place
13 the child in accordance with the permanency plan and goal set
14 by the court, and to complete the necessary steps to locate
15 and finalize a permanent placement.
16 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
17 Sec. 2-14. Date for Adjudicatory Hearing.
18 (a) Purpose and policy. The legislature recognizes that
19 serious delay in the adjudication of abuse, neglect, or
20 dependency cases can cause grave harm to the minor and the
21 family and that it frustrates the health, safety and best
22 interests of the minor and the effort to establish permanent
23 homes for children in need. The purpose of this Section is
24 to insure that, consistent with the federal Adoption
25 Assistance and Child Welfare Act of 1980, Public Law 96-272,
26 as amended, and the intent of this Act, the State of Illinois
27 will act in a just and speedy manner to determine the best
28 interests of the minor, including providing for the safety of
29 the minor, identifying families in need, reunifying families
30 where the minor can be cared for at home without endangering
31 the minor's health or safety and it is in the best interests
32 of the minor, and, if reunification is not consistent with
33 the health, safety and best interests of the minor, finding
34 another permanent home for the minor.
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1 (b) When a petition is filed alleging that the minor is
2 abused, neglected or dependent, an adjudicatory hearing shall
3 be commenced within 90 days of the date of service of process
4 upon the minor, parents, any guardian and any legal
5 custodian, unless an earlier date is required pursuant to
6 Section 2-13.1. Once commenced, subsequent delay in the
7 proceedings may be allowed by the court when necessary to
8 ensure a fair hearing.
9 (c) Upon written motion of a party filed no later than
10 10 days prior to hearing, or upon the court's own motion and
11 only for good cause shown, the Court may continue the hearing
12 for a period not to exceed 30 days, and only if the
13 continuance is consistent with the health, safety and best
14 interests of the minor. When the court grants a continuance,
15 it shall enter specific factual findings to support its
16 order, including factual findings supporting the court's
17 determination that the continuance is in the best interests
18 of the minor. Only one such continuance shall be granted. A
19 period of continuance for good cause as described in this
20 Section shall temporarily suspend as to all parties, for the
21 time of the delay, the period within which a hearing must be
22 held. On the day of the expiration of the delay, the period
23 shall continue at the point at which it was suspended.
24 The term "good cause" as applied in this Section shall be
25 strictly construed and be in accordance with Supreme Court
26 Rule 231 (a) through (f). Neither stipulation by counsel nor
27 the convenience of any party constitutes good cause. If the
28 adjudicatory hearing is not heard within the time limits
29 required by subsection (b) or (c) of this Section, upon
30 motion by any party the petition shall be dismissed without
31 prejudice.
32 (d) The time limits of this Section may be waived only
33 by consent of all parties and approval by the court.
34 (e) For all cases filed before July 1, 1991, an
35 adjudicatory hearing must, be held within 180 days of July 1,
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1 1991.
2 (Source: P.A. 88-7; 90-28, eff. 1-1-98; 90-456, eff. 1-1-98;
3 revised 11-17-97.)
4 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
5 Sec. 2-15. Summons.
6 (1) When a petition is filed, the clerk of the court
7 shall issue a summons with a copy of the petition attached.
8 The summons shall be directed to the minor's legal guardian
9 or custodian and to each person named as a respondent in the
10 petition, except that summons need not be directed to a minor
11 respondent under 8 years of age for whom the court appoints a
12 guardian ad litem if the guardian ad litem appears on behalf
13 of the minor in any proceeding under this Act.
14 (2) The summons must contain a statement that the minor
15 or any of the respondents is entitled to have an attorney
16 present at the hearing on the petition, and that the clerk of
17 the court should be notified promptly if the minor or any
18 other respondent desires to be represented by an attorney but
19 is financially unable to employ counsel.
20 (3) The summons shall be issued under the seal of the
21 court, attested in and signed with the name of the clerk of
22 the court, dated on the day it is issued, and shall require
23 each respondent to appear and answer the petition on the date
24 set for the adjudicatory hearing. The summons shall contain
25 a notice that the parties will not be entitled to further
26 written notices or publication notices of proceedings in this
27 case, including the filing of an amended petition or a motion
28 to terminate parental rights, except as required by Supreme
29 Court Rule 11.
30 (4) The summons may be served by any county sheriff,
31 coroner or probation officer, even though the officer is the
32 petitioner. The return of the summons with endorsement of
33 service by the officer is sufficient proof thereof.
34 (5) Service of a summons and petition shall be made by:
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1 (a) leaving a copy thereof with the person summoned at least
2 3 days before the time stated therein for appearance; (b)
3 leaving a copy at his usual place of abode with some person
4 of the family, of the age of 10 years or upwards, and
5 informing that person of the contents thereof, provided the
6 officer or other person making service shall also send a copy
7 of the summons in a sealed envelope with postage fully
8 prepaid, addressed to the person summoned at his usual place
9 of abode, at least 3 days before the time stated therein for
10 appearance; or (c) leaving a copy thereof with the guardian
11 or custodian of a minor, at least 3 days before the time
12 stated therein for appearance. If the guardian or custodian
13 is an agency of the State of Illinois, proper service may be
14 made by leaving a copy of the summons and petition with any
15 administrative employee of such agency designated by such
16 agency to accept service of summons and petitions. The
17 certificate of the officer or affidavit of the person that he
18 has sent the copy pursuant to this Section is sufficient
19 proof of service.
20 (6) When a parent or other person, who has signed a
21 written promise to appear and bring the minor to court or who
22 has waived or acknowledged service, fails to appear with the
23 minor on the date set by the court, a bench warrant may be
24 issued for the parent or other person, the minor, or both.
25 (7) The appearance of the minor's legal guardian or
26 custodian, or a person named as a respondent in a petition,
27 in any proceeding under this Act shall constitute a waiver of
28 service of summons and submission to the jurisdiction of the
29 court, except that the filing of a special appearance
30 authorized under Section 2-301 of the Code of Civil Procedure
31 does not constitute an appearance under this subsection. A
32 copy of the summons and petition shall be provided to the
33 person at the time of his appearance.
34 (8) Notice to a parent who has appeared or been served
35 with summons personally or by certified mail, and for whom an
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1 order of default has been entered on the petition for
2 wardship and has not been set aside shall be provided in
3 accordance with Supreme Court Rule 11. Notice to a parent
4 who was served by publication and for whom an order of
5 default has been entered on the petition for wardship and has
6 not been set aside shall be provided in accordance with this
7 Section and Section 2-16.
8 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
9 (705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
10 Sec. 2-16. Notice by certified mail or publication.
11 (1) If service on individuals as provided in Section
12 2-15 is not made on any respondent within a reasonable time
13 or if it appears that any respondent resides outside the
14 State, service may be made by certified mail. In such case
15 the clerk shall mail the summons and a copy of the petition
16 to that respondent by certified mail marked for delivery to
17 addressee only. The court shall not proceed with the
18 adjudicatory hearing until 5 days after such mailing. The
19 regular return receipt for certified mail is sufficient proof
20 of service.
21 (2) Where a respondent's usual place of abode is not
22 known, a diligent inquiry shall be made to ascertain the
23 respondent's current and last known address. The Department
24 of Children and Family Services shall adopt rules defining
25 the requirements for conducting a diligent search to locate
26 parents of minors in the custody of the Department. If, after
27 diligent inquiry made at any time within the preceding 12
28 months, the usual place of abode cannot be reasonably
29 ascertained, or if respondent is concealing his or her
30 whereabouts to avoid service of process, petitioner's
31 attorney shall file an affidavit at the office of the clerk
32 of court in which the action is pending showing that
33 respondent on due inquiry cannot be found or is concealing
34 his or her whereabouts so that process cannot be served. The
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1 affidavit shall state the last known address of the
2 respondent. The affidavit shall also state what efforts were
3 made to effectuate service. Within 3 days of receipt of the
4 affidavit, the clerk shall issue publication service as
5 provided below. The clerk shall also send a copy thereof by
6 mail addressed to each respondent listed in the affidavit at
7 his or her last known address. The clerk of the court as soon
8 as possible shall cause publication to be made once in a
9 newspaper of general circulation in the county where the
10 action is pending. Notice by publication is not required in
11 any case when the person alleged to have legal custody of the
12 minor has been served with summons personally or by certified
13 mail, but the court may not enter any order or judgment
14 against any person who cannot be served with process other
15 than by publication unless notice by publication is given or
16 unless that person appears. When a minor has been sheltered
17 under Section 2-10 of this Act and summons has not been
18 served personally or by certified mail within 20 days from
19 the date of the order of court directing such shelter care,
20 the clerk of the court shall cause publication. Notice by
21 publication shall be substantially as follows:
22 "A, B, C, D, (here giving the names of the named
23 respondents, if any) and to All Whom It May Concern (if there
24 is any respondent under that designation):
25 Take notice that on the .... day of ...., 19.. a
26 petition was filed under the Juvenile Court Act by .... in
27 the circuit court of .... county entitled 'In the interest of
28 ...., a minor', and that in .... courtroom at .... on the
29 .... day of .... at the hour of ...., or as soon thereafter
30 as this cause may be heard, an adjudicatory hearing will be
31 held upon the petition to have the child declared to be a
32 ward of the court under that Act. THE COURT HAS AUTHORITY IN
33 THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND GUARDIANSHIP
34 OF THE MINOR, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO
35 APPOINT A GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU
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1 MAY LOSE ALL PARENTAL RIGHTS TO YOUR CHILD. IF THE PETITION
2 REQUESTS THE TERMINATION OF YOUR PARENTAL RIGHTS AND THE
3 APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
4 YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD. Unless you
5 appear you will not be entitled to further written notices or
6 publication notices of the proceedings in this case,
7 including the filing of an amended petition or a motion to
8 terminate parental rights.
9 Now, unless you appear at the hearing and show cause
10 against the petition, the allegations of the petition may
11 stand admitted as against you and each of you, and an order
12 or judgment entered.
13 ......................
14 Clerk
15 Dated (the date of publication)"
16 (3) The clerk shall also at the time of the publication
17 of the notice send a copy thereof by mail to each of the
18 respondents on account of whom publication is made at his or
19 her last known address. The certificate of the clerk that he
20 or she has mailed the notice is evidence thereof. No other
21 publication notice is required. Every respondent notified by
22 publication under this Section must appear and answer in open
23 court at the hearing. The court may not proceed with the
24 adjudicatory hearing until 10 days after service by
25 publication on any parent, guardian or legal custodian in the
26 case of a minor described in Section 2-3 or 2-4.
27 (4) If it becomes necessary to change the date set for
28 the hearing in order to comply with Section 2-14 or with this
29 Section, notice of the resetting of the date must be given,
30 by certified mail or other reasonable means, to each
31 respondent who has been served with summons personally or by
32 certified mail.
33 (5) Notice to a parent who has appeared or been served
34 with summons personally or by certified mail, and for whom an
35 order of default has been entered on the petition for
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1 wardship and has not been set aside shall be provided in
2 accordance with Supreme Court Rule 11. Notice to a parent
3 who was served by publication and for whom an order of
4 default has been entered on the petition for wardship and has
5 not been set aside shall be provided in accordance with this
6 Section and Section 2-15.
7 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
8 (705 ILCS 405/2-17.1)
9 Sec. 2-17.1. Court appointed special advocate.
10 (1) The court may appoint a special advocate upon the
11 filing of a petition under this Article or at any time during
12 the pendency of a proceeding under this Article. Except in
13 counties with a population over 3,000,000, the court
14 appointed special advocate may also serve as guardian ad
15 litem by appointment of the court under Section 2-17 of this
16 Act.
17 (2) The court appointed special advocate shall act as a
18 monitor and shall be notified of all administrative case
19 reviews pertaining to the minor and work with the parties'
20 attorneys, the guardian ad litem, and others assigned to the
21 minor's case to protect the minor's health, safety and best
22 interests and insure the proper delivery of child welfare
23 services. The court may consider, at its discretion,
24 testimony of the court appointed special advocate pertaining
25 to the well-being of the child.
26 (3) Court appointed special advocates shall serve as
27 volunteers without compensation and shall receive training
28 consistent with nationally developed standards.
29 (4) No person convicted of a criminal offense as
30 specified in Section 4.2 of the Child Care Act of 1969 and no
31 person identified as a perpetrator of an act of child abuse
32 or neglect as reflected in the Department of Children and
33 Family Services State Central Register shall serve as a court
34 appointed special advocate.
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1 (5) All costs associated with the appointment and duties
2 of the court appointed special advocate shall be paid by the
3 court appointed special advocate or an organization of court
4 appointed special advocates. In no event shall the court
5 appointed special advocate be liable for any costs of
6 services provided to the child.
7 (6) The court may remove the court appointed special
8 advocate or the guardian ad litem from a case upon finding
9 that the court appointed special advocate or the guardian ad
10 litem has acted in a manner contrary to the child's best
11 interest or if the court otherwise deems continued service is
12 unwanted or unnecessary.
13 (7) (a) In any county in which a program of court
14 appointed special advocates is in operation, the provisions
15 of this Section shall apply unless the county board of that
16 county, by resolution, determines that the county shall not
17 be governed by this Section.
18 (8) Any court appointed special advocate acting in good
19 faith within the scope of his or her appointment shall have
20 immunity from any civil or criminal liability that otherwise
21 might result by reason of his or her actions, except in cases
22 of willful and wanton misconduct. For the purpose of any
23 civil or criminal proceedings, the good faith of any court
24 appointed special advocate shall be presumed.
25 (Source: P.A. 90-28, eff. 1-1-98.)
26 (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
27 Sec. 2-18. Evidence.
28 (1) At the adjudicatory hearing, the court shall first
29 consider only the question whether the minor is abused,
30 neglected or dependent. The standard of proof and the rules
31 of evidence in the nature of civil proceedings in this State
32 are applicable to proceedings under this Article. If the
33 petition also seeks the appointment of a guardian of the
34 person with power to consent to adoption of the minor under
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1 Section 2-29, the court may also consider legally admissible
2 evidence at the adjudicatory hearing that one or more grounds
3 of unfitness exists under subdivision D of Section 1 of the
4 Adoption Act.
5 (2) In any hearing under this Act, the following shall
6 constitute prima facie evidence of abuse or neglect, as the
7 case may be:
8 (a) proof that a minor has a medical diagnosis of
9 battered child syndrome is prima facie evidence of abuse;
10 (b) proof that a minor has a medical diagnosis of
11 failure to thrive syndrome is prima facie evidence of
12 neglect;
13 (c) proof that a minor has a medical diagnosis of
14 fetal alcohol syndrome is prima facie evidence of
15 neglect;
16 (d) proof that a minor has a medical diagnosis at
17 birth of withdrawal symptoms from narcotics or
18 barbiturates is prima facie evidence of neglect;
19 (e) proof of injuries sustained by a minor or of
20 the condition of a minor of such a nature as would
21 ordinarily not be sustained or exist except by reason of
22 the acts or omissions of the parent, custodian or
23 guardian of such minor shall be prima facie evidence of
24 abuse or neglect, as the case may be;
25 (f) proof that a parent, custodian or guardian of a
26 minor repeatedly used a drug, to the extent that it has
27 or would ordinarily have the effect of producing in the
28 user a substantial state of stupor, unconsciousness,
29 intoxication, hallucination, disorientation or
30 incompetence, or a substantial impairment of judgment, or
31 a substantial manifestation of irrationality, shall be
32 prima facie evidence of neglect;
33 (g) proof that a parent, custodian, or guardian of
34 a minor repeatedly used a controlled substance, as
35 defined in subsection (f) of Section 102 of the Illinois
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1 Controlled Substances Act, in the presence of the minor
2 or a sibling of the minor is prima facie evidence of
3 neglect. "Repeated use", for the purpose of this
4 subsection, means more than one use of a controlled
5 substance as defined in subsection (f) of Section 102 of
6 the Illinois Controlled Substances Act;
7 (h) proof that a newborn infant's blood, urine, or
8 meconium contains any amount of a controlled substance as
9 defined in subsection (f) of Section 102 of the Illinois
10 Controlled Substances Act, or a metabolite of a
11 controlled substance, with the exception of controlled
12 substances or metabolites of those substances, the
13 presence of which is the result of medical treatment
14 administered to the mother or the newborn, is prime facie
15 evidence of neglect.
16 (3) In any hearing under this Act, proof of the abuse,
17 neglect or dependency of one minor shall be admissible
18 evidence on the issue of the abuse, neglect or dependency of
19 any other minor for whom the respondent is responsible.
20 (4) (a) Any writing, record, photograph or x-ray of any
21 hospital or public or private agency, whether in the form of
22 an entry in a book or otherwise, made as a memorandum or
23 record of any condition, act, transaction, occurrence or
24 event relating to a minor in an abuse, neglect or dependency
25 proceeding, shall be admissible in evidence as proof of that
26 condition, act, transaction, occurrence or event, if the
27 court finds that the document was made in the regular course
28 of the business of the hospital or agency and that it was in
29 the regular course of such business to make it, at the time
30 of the act, transaction, occurrence or event, or within a
31 reasonable time thereafter. A certification by the head or
32 responsible employee of the hospital or agency that the
33 writing, record, photograph or x-ray is the full and complete
34 record of the condition, act, transaction, occurrence or
35 event and that it satisfies the conditions of this paragraph
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1 shall be prima facie evidence of the facts contained in such
2 certification. A certification by someone other than the
3 head of the hospital or agency shall be accompanied by a
4 photocopy of a delegation of authority signed by both the
5 head of the hospital or agency and by such other employee.
6 All other circumstances of the making of the memorandum,
7 record, photograph or x-ray, including lack of personal
8 knowledge of the maker, may be proved to affect the weight to
9 be accorded such evidence, but shall not affect its
10 admissibility.
11 (b) Any indicated report filed pursuant to the Abused
12 and Neglected Child Reporting Act shall be admissible in
13 evidence.
14 (c) Previous statements made by the minor relating to
15 any allegations of abuse or neglect shall be admissible in
16 evidence. However, no such statement, if uncorroborated and
17 not subject to cross-examination, shall be sufficient in
18 itself to support a finding of abuse or neglect.
19 (d) There shall be a rebuttable presumption that a minor
20 is competent to testify in abuse or neglect proceedings. The
21 court shall determine how much weight to give to the minor's
22 testimony, and may allow the minor to testify in chambers
23 with only the court, the court reporter and attorneys for the
24 parties present.
25 (e) The privileged character of communication between
26 any professional person and patient or client, except
27 privilege between attorney and client, shall not apply to
28 proceedings subject to this Article.
29 (f) Proof of the impairment of emotional health or
30 impairment of mental or emotional condition as a result of
31 the failure of the respondent to exercise a minimum degree of
32 care toward a minor may include competent opinion or expert
33 testimony, and may include proof that such impairment
34 lessened during a period when the minor was in the care,
35 custody or supervision of a person or agency other than the
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1 respondent.
2 (5) In any hearing under this Act alleging neglect for
3 failure to provide education as required by law under
4 subsection (1) of Section 2-3, proof that a minor under 13
5 years of age who is subject to compulsory school attendance
6 under the School Code is a chronic truant as defined under
7 the School Code shall be prima facie evidence of neglect by
8 the parent or guardian in any hearing under this Act and
9 proof that a minor who is 13 years of age or older who is
10 subject to compulsory school attendance under the School Code
11 is a chronic truant shall raise a rebuttable presumption of
12 neglect by the parent or guardian. This subsection (5) shall
13 not apply in counties with 2,000,000 or more inhabitants.
14 (6) In any hearing under this Act, the court may take
15 judicial notice of prior sworn testimony or evidence admitted
16 in prior proceedings involving the same minor if (a) the
17 parties were either represented by counsel at such prior
18 proceedings or the right to counsel was knowingly waived and
19 (b) the taking of judicial notice would not result in
20 admitting hearsay evidence at a hearing where it would
21 otherwise be prohibited.
22 (Source: P.A. 88-343; 89-704, eff. 8-16-97 (changed from
23 1-1-98 by P.A. 90-443).)
24 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
25 Sec. 2-21. Findings and adjudication.
26 (1) The court shall state for the record the manner in
27 which the parties received service of process and shall note
28 whether the return or returns of service, postal return
29 receipt or receipts for notice by certified mail, or
30 certificate or certificates of publication have been filed in
31 the court record. The court shall enter any appropriate
32 orders of default against any parent who has been properly
33 served in any manner and fails to appear.
34 No further service of process as defined in Sections 2-15
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1 and 2-16 is required in any subsequent proceeding for a
2 parent who was properly served in any manner, except as
3 required by Supreme Court Rule 11.
4 The caseworker shall testify about the diligent search
5 conducted for the parent.
6 After hearing the evidence the court shall determine
7 whether or not the minor is abused, neglected, or dependent.
8 If it finds that the minor is not such a person, the court
9 shall order the petition dismissed and the minor discharged.
10 The court's determination of whether the minor is abused,
11 neglected, or dependent shall be stated in writing with the
12 factual basis supporting that determination.
13 If the court finds that the minor is abused, neglected,
14 or dependent, the court shall then determine and put in
15 writing the factual basis supporting that the determination,
16 and specify, to the extent possible, the acts or omissions or
17 both of each parent, guardian, or legal custodian that form
18 the basis of the court's findings of whether the abuse,
19 neglect, or dependency is the result of physical abuse to the
20 minor inflicted by a parent, guardian, or legal custodian.
21 That finding shall appear in the order of the court.
22 If the court finds that the child has been abused,
23 neglected or dependent, the court shall admonish the parents
24 that they must cooperate with the Department of Children and
25 Family Services, comply with the terms of the service plan,
26 and correct the conditions that require the child to be in
27 care, or risk termination of parental rights.
28 If the court determines that a person has inflicted
29 physical or sexual abuse upon a minor, the court shall report
30 that determination to the Department of State Police, which
31 shall include that information in its report to the President
32 of the school board for a school district that requests a
33 criminal background investigation of that person as required
34 under Section 10-21.9 or 34-18.5 of the School Code.
35 (2) If, pursuant to subsection (1) of this Section, the
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1 court determines and puts in writing the factual basis
2 supporting the determination that the minor is either abused
3 or neglected or dependent, the court shall then set a time
4 not later than 30 days after the entry of the finding for a
5 dispositional hearing (unless an earlier date is required
6 pursuant to Section 2-13.1) to be conducted under Section
7 2-22 at which hearing the court shall determine whether it is
8 consistent with the health, safety and best interests of the
9 minor and the public that he be made a ward of the court. To
10 assist the court in making this and other determinations at
11 the dispositional hearing, the court may order that an
12 investigation be conducted and a dispositional report be
13 prepared concerning the minor's physical and mental history
14 and condition, family situation and background, economic
15 status, education, occupation, history of delinquency or
16 criminality, personal habits, and any other information that
17 may be helpful to the court. The dispositional hearing may
18 be continued once for a period not to exceed 30 days if the
19 court finds that such continuance is necessary to complete
20 the dispositional report.
21 (3) The time limits of this Section may be waived only
22 by consent of all parties and approval by the court, as
23 determined to be consistent with the health, safety and best
24 interests of the minor.
25 (4) For all cases adjudicated prior to July 1, 1991, for
26 which no dispositional hearing has been held prior to that
27 date, a dispositional hearing under Section 2-22 shall be
28 held within 90 days of July 1, 1991.
29 (5) The court may terminate the parental rights of a
30 parent at the initial dispositional hearing if all of the
31 following conditions are met:
32 (i) the original or amended petition contains a
33 request for termination of parental rights and
34 appointment of a guardian with power to consent to
35 adoption; and
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1 (ii) the court has found by a preponderance of
2 evidence, introduced or stipulated to at an adjudicatory
3 hearing, that the child comes under the jurisdiction of
4 the court as an abused, neglected, or dependent minor
5 under Section 2-18; and
6 (iii) the court finds, on the basis of clear and
7 convincing evidence admitted at the adjudicatory hearing
8 that the parent is an unfit person under subdivision D of
9 Section 1 of the Adoption Act; and
10 (iv) the court determines in accordance with the
11 rules of evidence for dispositional proceedings, that:
12 (A) it is in the best interest of the minor
13 and public that the child be made a ward of the
14 court;
15 (A-5) reasonable efforts under subsection
16 (l-1) of Section 5 of the Children and Family
17 Services Act are inappropriate or such efforts were
18 made and were unsuccessful; and
19 (B) termination of parental rights and
20 appointment of a guardian with power to consent to
21 adoption is in the best interest of the child
22 pursuant to Section 2-29.
23 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
24 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
25 eff. 8-16-97; 90-566, eff. 1-2-98.)
26 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
27 Sec. 2-22. Dispositional hearing; evidence; continuance.
28 (1) At the dispositional hearing, the court shall
29 determine whether it is in the best interests of the minor
30 and the public that he be made a ward of the court, and, if
31 he is to be made a ward of the court, the court shall
32 determine the proper disposition best serving the health,
33 safety and interests of the minor and the public. The court
34 also shall consider the permanency goal set for the minor,
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1 the nature of the service plan for the minor and the services
2 delivered and to be delivered under the plan. All evidence
3 helpful in determining these questions, including oral and
4 written reports, may be admitted and may be relied upon to
5 the extent of its probative value, even though not competent
6 for the purposes of the adjudicatory hearing.
7 (2) Notice in compliance with Supreme Court Rule 11 must
8 be given to all parties-respondent prior to proceeding to a
9 dispositional hearing. Before making an order of disposition
10 the court shall advise the State's Attorney, the parents,
11 guardian, custodian or responsible relative or their counsel
12 of the factual contents and the conclusions of the reports
13 prepared for the use of the court and considered by it, and
14 afford fair opportunity, if requested, to controvert them.
15 The court may order, however, that the documents containing
16 such reports need not be submitted to inspection, or that
17 sources of confidential information need not be disclosed
18 except to the attorneys for the parties. Factual contents,
19 conclusions, documents and sources disclosed by the court
20 under this paragraph shall not be further disclosed without
21 the express approval of the court pursuant to an in camera
22 hearing.
23 (3) A record of a prior continuance under supervision
24 under Section 2-20, whether successfully completed with
25 regard to the child's health, safety and best interest, or
26 not, is admissible at the dispositional hearing.
27 (4) On its own motion or that of the State's Attorney, a
28 parent, guardian, custodian, responsible relative or counsel,
29 the court may adjourn the hearing for a reasonable period to
30 receive reports or other evidence, if the adjournment is
31 consistent with the health, safety and best interests of the
32 minor, but in no event shall continuances be granted so that
33 the dispositional hearing occurs more than 6 months after the
34 initial removal of a minor from his or her home. In
35 scheduling investigations and hearings, the court shall give
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1 priority to proceedings in which a minor has been removed
2 from his or her home before an order of disposition has been
3 made.
4 (5) Unless already set by the court, at the conclusion
5 of the dispositional hearing, the court shall set the date
6 for the first permanency hearing, to be conducted under
7 subsection (2) of Section 2-28 or subsection (c) of Section
8 2-28.01, which shall be held: (a) within 12 months from the
9 date temporary custody was taken, (b) if the parental rights
10 of both parents have been terminated in accordance with the
11 procedure described in subsection (5) of Section 2-21, within
12 30 days of the termination of parental rights and appointment
13 of a guardian with power to consent to adoption, or (c) in
14 accordance with subsection (2) of Section 2-13.1 no later
15 than 12 months after the minor is taken into temporary
16 custody or in counties with a population over 3,000,000, no
17 later than 12 months after the minor is taken into temporary
18 custody.
19 (6) When the court declares a child to be a ward of the
20 court and awards guardianship to the Department of Children
21 and Family Services, (a) the court shall admonish the
22 parents, guardian, custodian or responsible relative that the
23 parents must cooperate with the Department of Children and
24 Family Services, comply with the terms of the service plans,
25 and correct the conditions which require the child to be in
26 care, or risk termination of their parental rights; and.
27 (b) the court shall inquire of the parties of any intent to
28 proceed with termination of parental rights of a parent:
29 (A) whose identity still remains unknown;
30 (B) whose whereabouts remain unknown; or
31 (C) who was found in default at the adjudicatory
32 hearing and has not obtained an order setting aside the
33 default in accordance with Section 2-1301 of the Code of
34 Civil Procedure.
35 (Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87,
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1 eff. 9-1-97; revised 11-12-97.)
2 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
3 Sec. 2-23. Kinds of dispositional orders.
4 (1) The following kinds of orders of disposition may be
5 made in respect of wards of the court:
6 (a) A minor under 18 years of age found to be
7 neglected or abused under Section 2-3 or dependent under
8 Section 2-4 may be (1) continued in the custody of his or
9 her parents, guardian or legal custodian; (2) placed in
10 accordance with Section 2-27; (3) restored to the custody
11 of the parent, parents, guardian, or legal custodian,
12 provided the court shall order the parent, parents,
13 guardian, or legal custodian to cooperate with the
14 Department of Children and Family Services and comply
15 with the terms of an after-care plan or risk the loss of
16 custody of the child and the possible termination of
17 their parental rights; or (4) (3) ordered partially or
18 completely emancipated in accordance with the provisions
19 of the Emancipation of Mature Minors Act.
20 However, in any case in which a minor is found by
21 the court to be neglected or abused under Section 2-3 of
22 this Act, custody of the minor shall not be restored to
23 any parent, guardian or legal custodian whose acts or
24 omissions or both have been identified, pursuant to
25 subsection (1) of Section 2-21, as forming the basis for
26 the court's finding of abuse or neglect found by the
27 court to have caused the neglect or to have inflicted the
28 abuse on the minor, unless it is in the best interests of
29 the minor, until such time as a hearing is held on the
30 issue of the best interests of the minor and the fitness
31 of such parent, guardian or legal custodian to care for
32 the minor without endangering the minor's health or
33 safety, and the court enters an order that such parent,
34 guardian or legal custodian is fit to care for the minor.
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1 (b) A minor under 18 years of age found to be
2 dependent under Section 2-4 may be (1) placed in
3 accordance with Section 2-27 or (2) ordered partially or
4 completely emancipated in accordance with the provisions
5 of the Emancipation of Mature Minors Act.
6 However, in any case in which a minor is found by
7 the court to be dependent under Section 2-4 of this Act
8 and the court has made a further finding under paragraph
9 (2) of Section 2-21 that such dependency is the result of
10 physical abuse, custody of the minor shall not be
11 restored to any parent, guardian or legal custodian whose
12 acts or omissions or both have been identified, pursuant
13 to subsection (1) of Section 2-21, as forming the basis
14 for the court's finding of dependency, found by the court
15 to have inflicted physical abuse on the minor until such
16 time as a hearing is held on the issue of the fitness of
17 such parent, guardian or legal custodian to care for the
18 minor without endangering the minor's health or safety,
19 and the court enters an order that such parent, guardian
20 or legal custodian is fit to care for the minor.
21 (c) When the court awards guardianship to the
22 Department of Children and Family Services, the court
23 shall order the parents to cooperate with the Department
24 of Children and Family Services, comply with the terms of
25 the service plans, and correct the conditions that
26 require the child to be in care, or risk termination of
27 their parental rights.
28 (d) When the court orders a child restored to the
29 custody of the parent or parents, the court shall order
30 the parent or parents to cooperate with the Department of
31 Children and Family Services and comply with the terms of
32 an after-care plan, or risk the loss of custody of the
33 child and the possible termination of their parental
34 rights.
35 (2) Any order of disposition may provide for protective
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1 supervision under Section 2-24 and may include an order of
2 protection under Section 2-25.
3 Unless the order of disposition expressly so provides, it
4 does not operate to close proceedings on the pending
5 petition, but is subject to modification, not inconsistent
6 with Section 2-28 or 2-28.01, whichever is applicable, until
7 final closing and discharge of the proceedings under Section
8 2-31.
9 (3) The court also shall enter any other orders
10 necessary to fulfill the service plan, including, but not
11 limited to, (i) orders requiring parties to cooperate with
12 services, (ii) restraining orders controlling the conduct of
13 any party likely to frustrate the achievement of the goal,
14 and (iii) visiting orders. Unless otherwise specifically
15 authorized by law, the court is not empowered under this
16 subsection (3) to order specific placements, specific
17 services, or specific service providers to be included in the
18 plan. If the court concludes that the Department of Children
19 and Family Services has abused its discretion in setting the
20 current service plan or permanency goal for the minor, the
21 court shall enter specific findings in writing based on the
22 evidence and shall enter an order for the Department to
23 develop and implement a new permanency goal and service plan
24 consistent with the court's findings. The new service plan
25 shall be filed with the court and served on all parties. The
26 court shall continue the matter until the new service plan is
27 filed.
28 (4) In addition to any other order of disposition, the
29 court may order any minor adjudicated neglected with respect
30 to his or her own injurious behavior to make restitution, in
31 monetary or non-monetary form, under the terms and conditions
32 of Section 5-5-6 of the Unified Code of Corrections, except
33 that the "presentence hearing" referred to therein shall be
34 the dispositional hearing for purposes of this Section. The
35 parent, guardian or legal custodian of the minor may pay some
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1 or all of such restitution on the minor's behalf.
2 (5) Any order for disposition where the minor is
3 committed or placed in accordance with Section 2-27 shall
4 provide for the parents or guardian of the estate of such
5 minor to pay to the legal custodian or guardian of the person
6 of the minor such sums as are determined by the custodian or
7 guardian of the person of the minor as necessary for the
8 minor's needs. Such payments may not exceed the maximum
9 amounts provided for by Section 9.1 of the Children and
10 Family Services Act.
11 (6) Whenever the order of disposition requires the minor
12 to attend school or participate in a program of training, the
13 truant officer or designated school official shall regularly
14 report to the court if the minor is a chronic or habitual
15 truant under Section 26-2a of the School Code.
16 (7) The court may terminate the parental rights of a
17 parent at the initial dispositional hearing if all of the
18 conditions in subsection (5) of Section 2-21 are met.
19 (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95;
20 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised 11-12-97.)
21 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
22 Sec. 2-27. Placement; legal custody or guardianship.
23 (1) If the court determines and puts in writing the
24 factual basis supporting the determination of whether the
25 parents, guardian, or legal custodian of a minor adjudged a
26 ward of the court are unfit or are unable, for some reason
27 other than financial circumstances alone, to care for,
28 protect, train or discipline the minor or are unwilling to do
29 so, and that the health, safety, and best interest of the
30 minor will be jeopardized if the minor remains in the custody
31 of his or her parents, guardian or custodian, the court may
32 at this hearing and at any later point:
33 (a) place the minor in the custody of a suitable
34 relative or other person as legal custodian or guardian;
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1 (a-5) with the approval of the Department of
2 Children and Family Services, place the minor in the
3 subsidized guardianship of a suitable relative or other
4 person as legal guardian; "subsidized guardianship" means
5 a private guardianship arrangement for children for whom
6 the permanency goals of return home and adoption have
7 been ruled out and who meet the qualifications for
8 subsidized guardianship as defined by the Department of
9 Children and Family Services in administrative rules;
10 (b) place the minor under the guardianship of a
11 probation officer;
12 (c) commit the minor to an agency for care or
13 placement, except an institution under the authority of
14 the Department of Corrections or of the Department of
15 Children and Family Services;
16 (d) commit the minor to the Department of Children
17 and Family Services for care and service; however, a
18 minor charged with a criminal offense under the Criminal
19 Code of 1961 or adjudicated delinquent shall not be
20 placed in the custody of or committed to the Department
21 of Children and Family Services by any court, except a
22 minor less than 13 years of age and committed to the
23 Department of Children and Family Services under Section
24 5-23 of this Act. The Department shall be given due
25 notice of the pendency of the action and the Guardianship
26 Administrator of the Department of Children and Family
27 Services shall be appointed guardian of the person of the
28 minor. Whenever the Department seeks to discharge a minor
29 from its care and service, the Guardianship Administrator
30 shall petition the court for an order terminating
31 guardianship. The Guardianship Administrator may
32 designate one or more other officers of the Department,
33 appointed as Department officers by administrative order
34 of the Department Director, authorized to affix the
35 signature of the Guardianship Administrator to documents
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1 affecting the guardian-ward relationship of children for
2 whom he or she has been appointed guardian at such times
3 as he or she is unable to perform the duties of his or
4 her office. The signature authorization shall include but
5 not be limited to matters of consent of marriage,
6 enlistment in the armed forces, legal proceedings,
7 adoption, major medical and surgical treatment and
8 application for driver's license. Signature
9 authorizations made pursuant to the provisions of this
10 paragraph shall be filed with the Secretary of State and
11 the Secretary of State shall provide upon payment of the
12 customary fee, certified copies of the authorization to
13 any court or individual who requests a copy.
14 (1.5) In making a determination under this Section, the
15 court shall also consider whether, based on health, safety,
16 and the best interests of the minor,
17 (a) appropriate services aimed at family
18 preservation and family reunification have been
19 unsuccessful in rectifying the conditions that have led
20 to a finding of unfitness or inability to care for,
21 protect, train, or discipline the minor, or
22 (b) no family preservation or family reunification
23 services would be appropriate,
24 and if the petition or amended petition contained an
25 allegation that the parent is an unfit person as defined in
26 subdivision (D) of Section 1 of the Adoption Act, and the
27 order of adjudication recites that parental unfitness was
28 established by clear and convincing evidence, the court
29 shall, when appropriate and in the best interest of the
30 minor, enter an order terminating parental rights and
31 appointing a guardian with power to consent to adoption in
32 accordance with Section 2-29.
33 When making a placement, the court, wherever possible,
34 shall require the Department of Children and Family Services
35 to select a person holding the same religious belief as that
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1 of the minor or a private agency controlled by persons of
2 like religious faith of the minor and shall require the
3 Department to otherwise comply with Section 7 of the Children
4 and Family Services Act in placing the child. In addition,
5 whenever alternative plans for placement are available, the
6 court shall ascertain and consider, to the extent appropriate
7 in the particular case, the views and preferences of the
8 minor.
9 (2) When a minor is placed with a suitable relative or
10 other person pursuant to item (a) of subsection (1), the
11 court shall appoint him or her the legal custodian or
12 guardian of the person of the minor. When a minor is
13 committed to any agency, the court shall appoint the proper
14 officer or representative thereof as legal custodian or
15 guardian of the person of the minor. Legal custodians and
16 guardians of the person of the minor have the respective
17 rights and duties set forth in subsection (9) of Section 1-3
18 except as otherwise provided by order of court; but no
19 guardian of the person may consent to adoption of the minor
20 unless that authority is conferred upon him or her in
21 accordance with Section 2-29. An agency whose representative
22 is appointed guardian of the person or legal custodian of the
23 minor may place the minor in any child care facility, but the
24 facility must be licensed under the Child Care Act of 1969 or
25 have been approved by the Department of Children and Family
26 Services as meeting the standards established for such
27 licensing. No agency may place a minor adjudicated under
28 Sections 2-3 or 2-4 in a child care facility unless the
29 placement is in compliance with the rules and regulations for
30 placement under this Section promulgated by the Department of
31 Children and Family Services under Section 5 of the Children
32 and Family Services Act. Like authority and restrictions
33 shall be conferred by the court upon any probation officer
34 who has been appointed guardian of the person of a minor.
35 (3) No placement by any probation officer or agency
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1 whose representative is appointed guardian of the person or
2 legal custodian of a minor may be made in any out of State
3 child care facility unless it complies with the Interstate
4 Compact on the Placement of Children. Placement with a
5 parent, however, is not subject to that Interstate Compact.
6 (4) The clerk of the court shall issue to the legal
7 custodian or guardian of the person a certified copy of the
8 order of court, as proof of his authority. No other process
9 is necessary as authority for the keeping of the minor.
10 (5) Custody or guardianship granted under this Section
11 continues until the court otherwise directs, but not after
12 the minor reaches the age of 19 years except as set forth in
13 Section 2-31.
14 (6) (Blank). At the dispositional hearing, the court
15 shall consider whether it is appropriate for a motion to be
16 filed to terminate parental rights and appoint a guardian
17 with power to consent to adoption with regard to a parent:
18 (A) whose identity still remains unknown;
19 (B) whose whereabouts remain unknown;
20 (C) who was found in default at the adjudicatory
21 hearing and has not obtained an order setting aside the
22 default in accordance with Section 2-1301 of the Code of
23 Civil Procedure.
24 Notice to a parent for whom an order of default has been
25 entered on the petition for wardship and has not been set
26 aside shall be provided in accordance with Sections 2-15 and
27 2-16. If a parent's identity or whereabouts are unknown, and
28 a diligent inquiry for such parent has been made at any time
29 within the preceding 12 months, no further inquiry is
30 required to support notice by publication.
31 If the court determines such a motion to be appropriate,
32 it may order the motion to be filed. The court, upon motion,
33 may enter an order terminating parental rights upon
34 appropriate finding and appoint a guardian with power to
35 consent to adoption in accordance with this subsection before
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1 or at the first permanency hearing.
2 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff.
3 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
4 8-22-97; revised 11-17-97.)
5 (705 ILCS 405/2-27.1 new)
6 Sec. 2-27.1. Placement; secure child care facility.
7 (1) A minor under 18 years of age and who is subject
8 under Article II of this Act to a secure child care facility
9 may be admitted to a secure child care facility for inpatient
10 treatment upon application to the facility director if, prior
11 to admission, the facility director and the Director of the
12 Department of Children and Family Services or the Director's
13 designate find that: the minor has a mental illness or
14 emotional disturbance, including but not limited to a
15 behavior disorder, of such severity that placement in a
16 secure child care facility is necessary because in the
17 absence of such a placement, the minor is likely to endanger
18 self or others or not meet his or her basic needs and this
19 placement is the least restrictive alternative. Prior to
20 admission, a psychiatrist, clinical social worker, or
21 clinical psychologist who has personally examined the minor
22 shall state in writing that the minor meets the standards for
23 admission. The statement must set forth in detail the reasons
24 for that conclusion and shall indicate what alternatives to
25 secure treatment have been explored. When the minor is placed
26 in a child care facility which includes a secure child care
27 facility in addition to a less restrictive setting, and the
28 application for admission states that the minor will be
29 permanently placed in the less restrictive setting of the
30 child care facility as part of his or her permanency plan
31 after the need for secure treatment has ended, the
32 psychiatrist, clinical social worker, or clinical
33 psychologist shall state the reasons for the minor's need to
34 be placed in secure treatment, the conditions under which the
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1 minor may be placed in the less restrictive setting of the
2 facility, and the conditions under which the minor may need
3 to be returned to secure treatment.
4 (2) The application for admission under this Section
5 shall contain, in large bold-face type, a statement written
6 in simple non-technical terms of the minor's right to object
7 and the right to a hearing. A minor 12 years of age or older
8 must be given a copy of the application and the statement
9 should be explained to him or her in an understandable
10 manner. A copy of the application shall also be given to the
11 person who executed it, the designate of the Director of the
12 Department of Children and Family Services, the minor's
13 parent, the minor's attorney, and, if the minor is 12 years
14 of age or older, 2 other persons whom the minor may
15 designate, excluding persons whose whereabouts cannot
16 reasonably be ascertained.
17 (3) Thirty days after admission, the facility director
18 shall review the minor's record and assess the need for
19 continuing placement in a secure child care facility. When
20 the minor has been placed in a child care facility which
21 includes a secure child care facility in addition to a less
22 restrictive setting, and the application for admission states
23 that the minor will be permanently placed in the less
24 restrictive setting of the child care facility as part of his
25 or her permanency plan after the need for secure treatment
26 has ended, the facility director shall review the stated
27 reasons for the minor's need to be placed in secure
28 treatment, the conditions under which the minor may be placed
29 in the less restrictive setting of the facility, and the
30 conditions under which the minor may need to be returned to
31 secure treatment. The director of the facility shall consult
32 with the designate of the Director of the Department of
33 Children and Family Services and request authorization for
34 continuing placement of the minor. Request and authorization
35 should be noted in the minor's record. Every 60 days
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1 thereafter a review shall be conducted and new authorization
2 shall be secured from the designate for as long as placement
3 continues. Failure or refusal to authorize continued
4 placement shall constitute a request for the minor's
5 discharge.
6 (4) At any time during a minor's placement in a secure
7 child care facility, an objection may be made to that
8 placement by the minor, the minor's parents (except where
9 parental rights have been terminated), the minor's guardian
10 ad litem, or the minor's attorney. When an objection is
11 made, the minor shall be discharged at the earliest
12 appropriate time not to exceed 15 days, including Saturdays,
13 Sundays, and holidays unless the objection is withdrawn in
14 writing or unless, within that time, the Director or his or
15 her designate files with the Court a petition for review of
16 the admission. The petition must be accompanied by a
17 certificate signed by a psychiatrist, clinical social worker,
18 or clinical psychologist. The certificate shall be based
19 upon a personal examination and shall specify that the minor
20 has a mental illness or an emotional disturbance of such
21 severity that placement in a secure facility is necessary,
22 that the minor can benefit from the placement, that a less
23 restrictive alternative is not appropriate, and that the
24 placement is in the minor's best interest.
25 (5) Upon receipt of a petition, the court shall set a
26 hearing to be held within 5 days, excluding Saturdays,
27 Sundays, and holidays. The court shall direct that notice of
28 the time and place of the hearing shall be served upon the
29 minor, his or her attorney and the minor's guardian ad litem,
30 the Director of the Department of Children and Family
31 Services or his or her designate, the State's Attorney, and
32 the attorney for the parents.
33 (6) The court shall order the minor discharged from the
34 secure child care facility if it determines that the minor
35 does not have a mental illness or emotional disturbance of
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1 such severity that placement in a secure facility is
2 necessary, or if it determines that a less restrictive
3 alternative is appropriate.
4 (7) If however, the court finds that the minor does have
5 a mental illness or an emotional disturbance for which the
6 minor is likely to benefit from treatment but that a less
7 restrictive alternative is appropriate, the court shall order
8 that the Department of Children and Family Services prepare a
9 case plan for the minor which permits alternative treatment
10 which is capable of providing adequate and humane treatment
11 in the least restrictive setting that is appropriate to the
12 minor's condition and serves the minor's best interests, and
13 shall authorize the continued placement of the minor in the
14 secure child care facility. At each permanency hearing
15 conducted thereafter, the court shall determine whether the
16 minor does not have a mental illness or emotional disturbance
17 of such severity that placement in a secure facility is
18 necessary or, if a less restrictive alternative is
19 appropriate. If either of these 2 conditions are not met,
20 the court shall order the minor discharged from the secure
21 child care facility.
22 (8) Unwillingness or inability of the Department of
23 Children and Family Services to find a placement for the
24 minor shall not be grounds for the court's refusing to order
25 discharge of the minor.
26 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
27 Sec. 2-28. Court review in counties with a population
28 under 3,000,000.
29 (0.5) This Section applies in counties with a population
30 under 3,000,000.
31 (1) The court may require any legal custodian or
32 guardian of the person appointed under this Act to report
33 periodically to the court or may cite him into court and
34 require him or his agency, to make a full and accurate report
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1 of his or its doings in behalf of the minor. The custodian
2 or guardian, within 10 days after such citation, shall make
3 the report, either in writing verified by affidavit or orally
4 under oath in open court, or otherwise as the court directs.
5 Upon the hearing of the report the court may remove the
6 custodian or guardian and appoint another in his stead or
7 restore the minor to the custody of his parents or former
8 guardian or custodian. However, custody of the minor shall
9 not be restored to any parent, guardian or legal custodian in
10 any case in which the minor is found to be neglected or
11 abused under Section 2-3 or dependent under Section 2-4 of
12 this Act, unless the minor can be cared for at home without
13 endangering the minor's health or safety and it is in the
14 best interests of the minor, and if such neglect, or abuse,
15 or dependency is found by the court under paragraph (1) (2)
16 of Section 2-21 of this Act to have come about due to the
17 acts or omissions or both of be the result of physical abuse
18 inflicted on the minor by such parent, guardian or legal
19 custodian, until such time as an investigation is made as
20 provided in paragraph (5) and a hearing is held on the issue
21 of the fitness of such parent, guardian or legal custodian to
22 care for the minor and the court enters an order that such
23 parent, guardian or legal custodian is fit to care for the
24 minor.
25 (2) In counties under 3,000,000 population, The first
26 permanency hearing hearings shall be conducted by the judge.
27 In counties with a population of 3,000,000 or more, the first
28 permanency hearing shall be conducted by a judge. Subsequent
29 permanency hearings may be heard by a judge or by hearing
30 officers appointed or approved by the court in the manner set
31 forth in Section 2-28.1 of this Act. The initial hearing
32 shall be held (a) within 12 months from the date temporary
33 custody was taken, (b) if the parental rights of both parents
34 have been terminated in accordance with the procedure
35 described in subsection (5) of Section 2-21, within 30 days
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1 of the order for termination of parental rights and
2 appointment of a guardian with power to consent to adoption,
3 or (c) in accordance with subsection (2) of Section 2-13.1.
4 Subsequent permanency hearings shall be held every 6 months
5 or more frequently if necessary in the court's determination
6 following the initial permanency hearing, in accordance with
7 the standards set forth in this Section, until the court
8 determines that the plan and goal have been achieved. Once
9 the plan and goal have been achieved, if the minor remains in
10 substitute care, the case shall be reviewed at least every 6
11 months thereafter, subject to the provisions of this Section,
12 unless the minor is placed in the guardianship of a suitable
13 relative or other person and the court determines that
14 further monitoring by the court does not further the health,
15 safety or best interest of the child and that this is a
16 stable permanent placement. The permanency hearings must
17 occur within the time frames set forth in this subsection and
18 may not be delayed in anticipation of a report from any
19 source on or due to the agency's failure to timely file its
20 written report (this written report means the one required
21 under the next paragraph and does not mean the service plan
22 also referred to in that paragraph).
23 The public agency that is the custodian or guardian of
24 the minor, or another agency responsible for the minor's
25 care, shall ensure that all parties to the permanency
26 hearings are provided a copy of the most recent service plan
27 prepared within the prior 6 months at least 14 days in
28 advance of the hearing. If not contained in the plan, the
29 agency shall also include a report setting forth (i) any
30 special physical, psychological, educational, medical,
31 emotional, or other needs of the minor or his or her family
32 that are relevant to a permanency or placement determination
33 and (ii) for any minor age 16 or over, a written description
34 of the programs and services that will enable the minor to
35 prepare for independent living. The agency's written report
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1 must detail what progress or lack of progress the parent has
2 made in correcting the conditions requiring the child to be
3 in care; whether the child can be returned home without
4 jeopardizing the child's health, safety, and welfare, and if
5 not, what permanency goal is recommended to be in the best
6 interests of the child, and why the other permanency goals
7 are not appropriate. The caseworker must appear and testify
8 at the permanency hearing. If a permanency hearing has not
9 previously been scheduled by the court, the moving party
10 shall move for the setting of a permanency hearing and the
11 entry of an order within the time frames set forth in this
12 subsection.
13 At the permanency hearing, the court shall determine the
14 future status of the child. The court shall set one of the
15 following permanency goals:
16 (A) The minor will be returned home by a specific
17 date within 5 months.
18 (B) The minor will be in short-term care with a
19 continued goal to return home within a period not to
20 exceed one year, where the progress of the parent or
21 parents is substantial giving particular consideration to
22 the age and individual needs of the minor.
23 (B-1) The minor will be in short-term care with a
24 continued goal to return home pending a status hearing.
25 When the court finds that a parent has not made
26 reasonable efforts or reasonable progress to date, the
27 court shall identify what actions the parent and the
28 Department must take in order to justify a finding of
29 reasonable efforts or reasonable progress and shall set a
30 status hearing to be held not earlier than 9 months from
31 the date of adjudication nor later than 11 months from
32 the date of adjudication during which the parent's
33 progress will again be reviewed.
34 (C) The minor will be in substitute care pending
35 court determination on termination of parental rights.
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1 (D) Adoption, provided that parental rights have
2 been terminated or relinquished.
3 (E) The guardianship of the minor will be
4 transferred to an individual or couple on a permanent
5 basis provided that goals (A) through (D) have been ruled
6 out.
7 (F) The minor over age 12 will be in substitute
8 care pending independence.
9 (G) The minor will be in substitute care because he
10 or she cannot be provided for in a home environment due
11 to developmental disabilities or mental illness or
12 because he or she is a danger to self or others, provided
13 that goals (A) through (D) have been ruled out.
14 In selecting any permanency goal, the court shall
15 indicate in writing the reasons the goal was selected and why
16 the preceding goals were ruled out. Where the court has
17 selected a permanency goal other than (A), (B), or (B-1), the
18 Department of Children and Family Services shall not provide
19 further reunification services, but shall provide services
20 consistent with the goal selected.
21 The court shall set a consider the following factors when
22 setting the permanency goal that is in the best interest of
23 the child. The court's determination shall include the
24 following factors:
25 (1) Age of the child.
26 (2) Options available for permanence.
27 (3) Current placement of the child and the intent
28 of the family regarding adoption.
29 (4) Emotional, physical, and mental status or
30 condition of the child.
31 (5) Types of services previously offered and
32 whether or not the services were successful and, if not
33 successful, the reasons the services failed.
34 (6) Availability of services currently needed and
35 whether the services exist.
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1 (7) Status of siblings of the minor.
2 The court shall consider (i) the permanency goal
3 contained in the service plan, (ii) the appropriateness of
4 the services contained in the plan and whether those services
5 have been provided, (iii) whether reasonable efforts have
6 been made by all the parties to the service plan to achieve
7 the goal, and (iv) whether the plan and goal have been
8 achieved. All evidence relevant to determining these
9 questions, including oral and written reports, may be
10 admitted and may be relied on to the extent of their
11 probative value.
12 If the goal has been achieved, the court shall enter
13 orders that are necessary to conform the minor's legal
14 custody and status to those findings.
15 If, after receiving evidence, the court determines that
16 the services contained in the plan are not reasonably
17 calculated to facilitate achievement of the permanency goal,
18 the court shall put in writing the factual basis supporting
19 the determination and enter specific findings based on the
20 evidence. The court also shall enter an order for the
21 Department to develop and implement a new service plan or to
22 implement changes to the current service plan consistent with
23 the court's findings. The new service plan shall be filed
24 with the court and served on all parties within 45 days of
25 the date of the order. The court shall continue the matter
26 until the new service plan is filed. Unless otherwise
27 specifically authorized by law, the court is not empowered
28 under this subsection (2) or under subsection (3) to order
29 specific placements, specific services, or specific service
30 providers to be included in the plan.
31 A guardian or custodian appointed by the court pursuant
32 to this Act shall file updated case plans with the court
33 every 6 months.
34 Rights of wards of the court under this Act are
35 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 a written order that includes the determinations
5 required under subsection (2) of this Section 2-28, and sets
6 forth the following:
7 (a) The future status of the minor, including the
8 permanency goal, and any order necessary to conform the
9 minor's legal custody and status to such determination;
10 or
11 (b) If the permanency goal of the minor cannot be
12 achieved immediately, the specific reasons for continuing
13 the minor in the care of the Department of Children and
14 Family Services or other agency for short term placement,
15 and the following determinations:
16 (i) (Blank).
17 (ii) Whether the services required by the
18 court and by any service plan prepared within the
19 prior 6 months have been provided and (A) if so,
20 whether the services were reasonably calculated to
21 facilitate the achievement of the permanency goal or
22 (B) if not provided, why the services were not
23 provided.
24 (iii) Whether the minor's placement is
25 necessary, and appropriate to the plan and goal,
26 recognizing the right of minors to the least
27 restrictive (most family-like) setting available and
28 in close proximity to the parents' home consistent
29 with the health, safety, best interest and special
30 needs of the minor and, if the minor is placed
31 out-of-State, whether the out-of-State placement
32 continues to be appropriate and consistent with the
33 health, safety, and best interest of the minor.
34 (iv) (Blank).
35 (v) (Blank).
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1 Any order entered pursuant to this subsection (3) shall
2 be immediately appealable as a matter of right under Supreme
3 Court Rule 304(b)(1).
4 (4) The minor or any person interested in the minor may
5 apply to the court for a change in custody of the minor and
6 the appointment of a new custodian or guardian of the person
7 or for the restoration of the minor to the custody of his
8 parents or former guardian or custodian.
9 When return home is not selected as the permanency goal:
10 (a) The Department, the minor, State's Attorney or
11 the current foster parent or relative caregiver seeking
12 private guardianship may file a motion for private
13 guardianship of the minor. Appointment of a guardian
14 under this Section requires approval of the court and the
15 Department of Children and Family Services.
16 (b) The State's Attorney may file a motion to
17 terminate parental rights of any parent who has failed to
18 make reasonable efforts to correct the conditions which
19 led to the removal of the child or reasonable progress
20 toward the return of the child, as defined in subdivision
21 (D)(m) of Section 1 of the Adoption Act or for whom any
22 other unfitness ground for terminating parental rights as
23 defined in subdivision (D) of Section 1 of the Adoption
24 Act exists.
25 Custody of the minor shall not be restored to any parent,
26 guardian or legal custodian in any case in which the minor is
27 found to be neglected or abused under Section 2-3 or
28 dependent under Section 2-4 of this Act, unless the minor can
29 be cared for at home without endangering his or her health or
30 safety and it is in the best interest of the minor, and if
31 such neglect, or abuse, or dependency is found by the court
32 under paragraph (1) (2) of Section 2-21 of this Act to have
33 come about due to the acts or omissions or both of be the
34 result of physical abuse inflicted on the minor by such
35 parent, guardian or legal custodian, until such time as an
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1 investigation is made as provided in paragraph (5) (4) and a
2 hearing is held on the issue of the health, safety and best
3 interest of the minor and the fitness of such parent,
4 guardian or legal custodian to care for the minor and the
5 court enters an order that such parent, guardian or legal
6 custodian is fit to care for the minor. In the event that
7 the minor has attained 18 years of age and the guardian or
8 custodian petitions the court for an order terminating his
9 guardianship or custody, guardianship or custody shall
10 terminate automatically 30 days after the receipt of the
11 petition unless the court orders otherwise. No legal
12 custodian or guardian of the person may be removed without
13 his consent until given notice and an opportunity to be heard
14 by the court.
15 When the court orders a child restored to the custody of
16 the parent or parents, the court shall order the parent or
17 parents to cooperate with the Department of Children and
18 Family Services and comply with the terms of an after-care
19 plan, or risk the loss of custody of the child and possible
20 termination of their parental rights. The court may also
21 enter an order of protective supervision in accordance with
22 Section 2-24.
23 (5) Whenever a parent, guardian, or legal custodian
24 files a motion for restoration of custody of the minor, and
25 the minor was adjudicated neglected, or abused, or dependent
26 as a result of physical abuse, the court shall cause to be
27 made an investigation as to whether the movant has ever been
28 charged with or convicted of any criminal offense which would
29 indicate the likelihood of any further physical abuse to the
30 minor. Evidence of such criminal convictions shall be taken
31 into account in determining whether the minor can be cared
32 for at home without endangering his or her health or safety
33 and fitness of the parent, guardian, or legal custodian.
34 (a) Any agency of this State or any subdivision
35 thereof shall co-operate with the agent of the court in
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1 providing any information sought in the investigation.
2 (b) The information derived from the investigation
3 and any conclusions or recommendations derived from the
4 information shall be provided to the parent, guardian, or
5 legal custodian seeking restoration of custody prior to
6 the hearing on fitness and the movant shall have an
7 opportunity at the hearing to refute the information or
8 contest its significance.
9 (c) All information obtained from any investigation
10 shall be confidential as provided in Section 1-10 of this
11 Act.
12 (Source: P.A. 89-17, eff. 5-31-95; 89-21, eff. 7-1-95;
13 89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98;
14 90-87, eff. 9-1-97; revised 11-12-97.)
15 (705 ILCS 405/2-28.1)
16 Sec. 2-28.1. Permanency hearings; before hearing
17 officers.
18 (a) The chief judge of the circuit court may appoint
19 hearing officers to conduct the permanency hearings set forth
20 in subsection (2) of Section 2-28 or subsection (c) of
21 Section 2-28.01 of this Act, in accordance with the
22 provisions of this Section. The hearing officers shall be
23 attorneys with at least 3 years experience in child abuse and
24 neglect or permanency planning and in counties with a
25 population of 3,000,000 or more, any hearing officer
26 appointed after September 1, 1997, must be an attorney
27 admitted to practice for at least 7 years. Once trained by
28 the court, hearing officers shall be authorized to do the
29 following:
30 (1) Conduct a fair and impartial hearing.
31 (2) Summon and compel the attendance of witnesses.
32 (3) Administer the oath or affirmation and take
33 testimony under oath or affirmation.
34 (4) Require the production of evidence relevant to
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1 the permanency hearing to be conducted. That evidence
2 may include, but need not be limited to case plans,
3 social histories, medical and psychological evaluations,
4 child placement histories, visitation records, and other
5 documents and writings applicable to those items.
6 (5) Rule on the admissibility of evidence using the
7 standard applied at a dispositional hearing under Section
8 2-22 of this Act.
9 (6) When necessary, cause notices to be issued
10 requiring parties, the public agency that is custodian or
11 guardian of the minor, or another agency responsible for
12 the minor's care to appear either before the hearing
13 officer or in court.
14 (7) Analyze the evidence presented to the hearing
15 officer and prepare written recommended orders, including
16 findings of fact, based on the evidence.
17 (8) Prior to the hearing, conduct any pre-hearings
18 that may be necessary.
19 (9) Conduct in camera interviews with children when
20 requested by a child or the child's guardian ad litem.
21 In counties with a population of 3,000,000 or more, hearing
22 officers shall also be authorized to do the following:
23 (i) (1) (10) Accept specific consents for adoption
24 or surrenders of parental rights from a parent or
25 parents.
26 (ii) (2) (11) Conduct hearings on the progress made
27 toward the permanency goal set for the minor.
28 (iii) (3) (12) Perform other duties as assigned by
29 the court.
30 (b) The hearing officer shall consider evidence and
31 conduct the permanency hearings as set forth in subsections
32 (2) and (3) of Section 2-28 or subsection (c) of Section
33 2-28.01 of this Act in accordance with the standards set
34 forth therein. The hearing officer shall assure that a
35 verbatim record of the proceedings is made and retained for a
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1 period of 12 months or until the next permanency hearing,
2 whichever date is later, and shall direct to the clerk of the
3 court all documents and evidence to be made part of the court
4 file. The hearing officer shall inform the participants of
5 their individual rights and responsibilities. The hearing
6 officer shall identify the issues to be reviewed under
7 subsection (2) of Section 2-28 or subsection (c) of Section
8 2-28.01, consider all relevant facts, and receive or request
9 any additional information necessary to make recommendations
10 to the court.
11 If a party fails to appear at the hearing, the hearing
12 officer may proceed to the permanency hearing with the
13 parties present at the hearing. The hearing officer shall
14 specifically note for the court the absence of any parties.
15 If all parties are present at the permanency hearing, and the
16 parties and the Department are in agreement that the service
17 plan and permanency goal are appropriate or are in agreement
18 that the permanency goal for the child has been achieved, the
19 hearing officer shall prepare a recommended order, including
20 findings of fact, to be submitted to the court, and all
21 parties and the Department shall sign the recommended order
22 at the time of the hearing. The recommended order will then
23 be submitted to the court for its immediate consideration and
24 the entry of an appropriate order.
25 The court may enter an order consistent with the
26 recommended order without further hearing or notice to the
27 parties, may refer the matter to the hearing officer for
28 further proceedings, or may hold such additional hearings as
29 the court deems necessary. All parties present at the
30 hearing and the Department shall be tendered a copy of the
31 court's order at the conclusion of the hearing.
32 (c) If one or more parties are not present at the
33 permanency hearing, or any party or the Department of
34 Children and Family Services objects to the hearing officer's
35 recommended order, including any findings of fact, the
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1 hearing officer shall set the matter for a judicial
2 determination within 30 days of the permanency hearing for
3 the entry of the recommended order or for receipt of the
4 parties' objections. Any objections shall be in writing and
5 identify the specific findings or recommendations that are
6 contested, the basis for the objections, and the evidence or
7 applicable law supporting the objection. The recommended
8 order and its contents may not be disclosed to anyone other
9 than the parties and the Department or other agency unless
10 otherwise specifically ordered by a judge of the court.
11 Following the receipt of objections consistent with this
12 subsection from any party or the Department of Children and
13 Family Services to the hearing officer's recommended orders,
14 the court shall make a judicial determination of those
15 portions of the order to which objections were made, and
16 shall enter an appropriate order. The court may refuse to
17 review any objections that fail to meet the requirements of
18 this subsection.
19 (d) The following are judicial functions and shall be
20 performed only by a circuit judge or associate judge:
21 (1) Review of the recommended orders of the hearing
22 officer and entry of orders the court deems appropriate.
23 (2) Conduct of judicial hearings on all pre-hearing
24 motions and other matters that require a court order and
25 entry of orders as the court deems appropriate.
26 (3) Conduct of judicial determinations on all
27 matters in which the parties or the Department of
28 Children and Family Services disagree with the hearing
29 officer's recommended orders under subsection (3).
30 (4) Issuance of rules to show cause, conduct of
31 contempt proceedings, and imposition of appropriate
32 sanctions or relief.
33 (Source: P.A. 89-17, eff. 5-31-95; 90-27, eff. 1-1-98; 90-28,
34 eff. 1-1-98; 90-87, eff. 9-1-97; revised 11-12-97.)
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1 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
2 Sec. 2-29. Adoption; appointment of guardian with power
3 to consent.
4 (1) With leave of the court, a minor who is the subject
5 of an abuse, neglect, or dependency petition under this Act
6 may be the subject of a petition for adoption under the
7 Adoption Act.
8 (1.1) The parent or parents of a child in whose interest
9 a petition under Section 2-13 of this Act is pending may, in
10 the manner required by the Adoption Act, (a) surrender him or
11 her for adoption to an agency legally authorized or licensed
12 to place children for adoption, (b) consent to his or her
13 adoption, or (c) consent to his or her adoption by a
14 specified person or persons. Nothing in this Section requires
15 that the parent or parents execute the surrender, consent, or
16 consent to adoption by a specified person in open court.
17 (2) If a petition or motion alleges and the court finds
18 that it is in the best interest of the minor that parental
19 rights be terminated and the petition or motion requests that
20 a guardian of the person be appointed and authorized to
21 consent to the adoption of the minor, the court, with the
22 consent of the parents, if living, or after finding, based
23 upon clear and convincing evidence, that a parent is an unfit
24 person as defined in Section 1 of the Adoption Act, may
25 terminate parental rights and empower the guardian of the
26 person of the minor, in the order appointing him or her as
27 such guardian, to appear in court where any proceedings for
28 the adoption of the minor may at any time be pending and to
29 consent to the adoption. Such consent is sufficient to
30 authorize the court in the adoption proceedings to enter a
31 proper order or judgment of adoption without further notice
32 to, or consent by, the parents of the minor. An order so
33 empowering the guardian to consent to adoption deprives the
34 parents of the minor of all legal rights as respects the
35 minor and relieves them of all parental responsibility for
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1 him or her, and frees the minor from all obligations of
2 maintenance and obedience to his or her natural parents.
3 If the minor is over 14 years of age, the court may, in
4 its discretion, consider the wishes of the minor in
5 determining whether the best interests of the minor would be
6 promoted by the finding of the unfitness of a non-consenting
7 parent.
8 (2.1) Notice to a parent who has appeared or been served
9 with summons personally or by certified mail, and for whom an
10 order of default has been entered on the petition for
11 wardship and has not been set aside shall be provided in
12 accordance with Supreme Court Rule 11. Notice to a parent
13 who was served by publication and for whom an order of
14 default has been entered on the petition for wardship and has
15 not been set aside shall be provided in accordance with
16 Sections 2-15 and 2-16.
17 (3) Parental consent to the order terminating parental
18 rights and authorizing the guardian of the person to consent
19 to adoption of the minor shall be made in open court whenever
20 possible and otherwise must be in writing and signed in the
21 form provided in the Adoption Act, but no names of
22 petitioners for adoption need be included.
23 (4) A finding of the unfitness of a parent must be made
24 in compliance with the Adoption Act, without regard to the
25 likelihood that the child will be placed for adoption, and be
26 based upon clear and convincing evidence. Provisions of the
27 Adoption Act relating to minor parents and to mentally ill or
28 mentally deficient parents apply to proceedings under this
29 Section and any findings with respect to such parents shall
30 be based upon clear and convincing evidence.
31 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
32 P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97.)
33 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
34 Sec. 2-31. Duration of wardship and discharge of
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1 proceedings.
2 (1) All proceedings under this Act in respect of any
3 minor for whom a petition was filed after the effective date
4 of this amendatory Act of 1991 automatically terminate upon
5 his attaining the age of 19 years, except that a court may
6 continue the wardship of a minor until age 21 for good cause
7 when there is satisfactory evidence presented to the court
8 and the court makes written factual findings that the health,
9 safety, and best interest of the minor and the public require
10 the continuation of the wardship.
11 (2) Whenever the court determines, and makes written
12 factual findings, that health, safety, and the best interests
13 of the minor and the public no longer require the wardship of
14 the court, the court shall order the wardship terminated and
15 all proceedings under this Act respecting that minor finally
16 closed and discharged. The court may at the same time
17 continue or terminate any custodianship or guardianship
18 theretofore ordered but the termination must be made in
19 compliance with Section 2-28 or 2-28.01, whichever is
20 applicable.
21 (3) The wardship of the minor and any custodianship or
22 guardianship respecting the minor for whom a petition was
23 filed after the effective date of this amendatory Act of 1991
24 automatically terminates when he attains the age of 19 years
25 except as set forth in subsection (1) of this Section. The
26 clerk of the court shall at that time record all proceedings
27 under this Act as finally closed and discharged for that
28 reason.
29 (Source: P.A. 90-28, eff. 1-1-98; revised 11-12-97.)
30 (705 ILCS 405/2-32)
31 Sec. 2-32. Time limit for relief from final order
32 pursuant to a petition under Section 2-1401 of the Code of
33 Civil Procedure. A petition for relief from a final order
34 entered in a proceeding under this Act, after 30 days from
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1 the entry thereof under the provisions of Section 2-1401 of
2 the Code of Civil Procedure or otherwise, must be filed not
3 later than one year after the entry of the order or judgment.
4 (Source: P.A. 90-27, eff. 1-1-98.)
5 (705 ILCS 405/2-33 new)
6 Sec. 2-33. Supplemental petition to reinstate wardship.
7 (1) Any time prior to a minor's 18th birthday, pursuant
8 to a supplemental petition filed under this Section, the
9 court may reinstate wardship and open a previously closed
10 case when:
11 (a) wardship and guardianship under the Juvenile
12 Court Act of 1987 was vacated in conjunction with the
13 appointment of a private guardian under the Probate Act
14 of 1975;
15 (b) the minor is not presently a ward of the court
16 under Article II of this Act nor is there a petition for
17 adjudication of wardship pending on behalf of the minor;
18 and
19 (c) it is in the minor's best interest that
20 wardship be reinstated.
21 (2) The supplemental petition must be filed in the same
22 proceeding in which the original adjudication order was
23 entered. Unless excused by court for good cause shown, the
24 petitioner shall give notice of the time and place of the
25 hearing on the supplemental petition, in person or by mail,
26 to the minor, if the minor is 14 years of age or older, and
27 to the parties to the juvenile court proceeding. Notice
28 shall be provided at least 3 court days in advance of the
29 hearing date.
30 (705 ILCS 405/2-28.01 rep.)
31 Section 32. The Juvenile Court Act of 1987 is amended by
32 repealing Section 2-28.01.
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1 Section 35. The Mental Health and Developmental
2 Disabilities Confidentiality Act is amended by changing
3 Sections 7.1 and 10 as follows:
4 (740 ILCS 110/7.1)
5 Sec. 7.1. Interagency disclosures.
6 (a) Nothing in this Act shall be construed to prevent
7 the interagency disclosure of the name, social security
8 number, and information concerning services rendered,
9 currently being rendered, or proposed to be rendered
10 regarding a recipient of services. This disclosure may be
11 made only between agencies or departments of the State
12 including, but not limited to: (i) the Department of Human
13 Services, (ii) the Department of Public Aid, (iii) the
14 Department of Public Health, and (iv) the State Board of
15 Education, and (v) the Department of Children and Family
16 Services for the purpose of a diligent search for a missing
17 parent pursuant to Sections 2-15 and 2-16 of the Juvenile
18 Court Act of 1987 if the Department of Children and Family
19 Services has reason to believe the parent is residing in a
20 mental health facility, when one or more agencies or
21 departments of the State have entered into a prior
22 interagency agreement, memorandum of understanding, or
23 similar agreement to jointly provide or cooperate in the
24 provision of or funding of mental health or developmental
25 disabilities services.
26 The Department of Children and Family Services shall not
27 redisclose the information received under this Section other
28 than for purposes of service provision or as necessary for
29 proceedings under the Juvenile Court Act of 1987.
30 (b) This Section applies to, but is not limited to,
31 interagency disclosures under interagency agreements entered
32 into in compliance with the Early Intervention Services
33 System Act.
34 (c) Information disclosed under this Section shall be
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1 for the limited purpose of coordinating State efforts in
2 providing efficient interagency service systems and avoiding
3 duplication of interagency services.
4 (d) Information disclosed under this Section shall be
5 limited to the recipient's name, address, social security
6 number or other individually assigned identifying number, or
7 information generally descriptive of services rendered or to
8 be rendered. The disclosure of individual clinical or
9 treatment records or other confidential information is not
10 authorized by this Section.
11 (Source: P.A. 88-484; 89-507, eff. 7-1-97.)
12 (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
13 (Text of Section WITH the changes made by P.A. 89-7,
14 which has been held unconstitutional)
15 Sec. 10. Disclosure in civil, criminal, and other
16 proceedings.
17 (a) Except as provided herein, in any civil, criminal,
18 administrative, or legislative proceeding, or in any
19 proceeding preliminary thereto, a recipient, and a therapist
20 on behalf and in the interest of a recipient, has the
21 privilege to refuse to disclose and to prevent the disclosure
22 of the recipient's record or communications.
23 (1) Records and communications may be disclosed in
24 a civil, criminal or administrative proceeding in which
25 the recipient introduces his mental condition or any
26 aspect of his services received for such condition as an
27 element of his claim or defense, if and only to the
28 extent the court in which the proceedings have been
29 brought, or, in the case of an administrative proceeding,
30 the court to which an appeal or other action for review
31 of an administrative determination may be taken, finds,
32 after in camera examination of testimony or other
33 evidence, that it is relevant, probative, not unduly
34 prejudicial or inflammatory, and otherwise clearly
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1 admissible; that other satisfactory evidence is
2 demonstrably unsatisfactory as evidence of the facts
3 sought to be established by such evidence; and that
4 disclosure is more important to the interests of
5 substantial justice than protection from injury to the
6 therapist-recipient relationship or to the recipient or
7 other whom disclosure is likely to harm. Except in a
8 criminal proceeding in which the recipient, who is
9 accused in that proceeding, raises the defense of
10 insanity, no record or communication between a therapist
11 and a recipient shall be deemed relevant for purposes of
12 this subsection, except the fact of treatment, the cost
13 of services and the ultimate diagnosis unless the party
14 seeking disclosure of the communication clearly
15 establishes in the trial court a compelling need for its
16 production. However, for purposes of this Act, in any
17 action brought or defended under the Illinois Marriage
18 and Dissolution of Marriage Act, or in any action in
19 which pain and suffering is an element of the claim,
20 mental condition shall not be deemed to be introduced
21 merely by making such claim and shall be deemed to be
22 introduced only if the recipient or a witness on his
23 behalf first testifies concerning the record or
24 communication.
25 (2) Records or communications may be disclosed in a
26 civil proceeding after the recipient's death when the
27 recipient's physical or mental condition has been
28 introduced as an element of a claim or defense by any
29 party claiming or defending through or as a beneficiary
30 of the recipient, provided the court finds, after in
31 camera examination of the evidence, that it is relevant,
32 probative, and otherwise clearly admissible; that other
33 satisfactory evidence is not available regarding the
34 facts sought to be established by such evidence; and that
35 disclosure is more important to the interests of
-102- LRB9011267SMmbccr1
1 substantial justice than protection from any injury which
2 disclosure is likely to cause.
3 (3) In the event of a claim made or an action filed
4 by a recipient, or, following the recipient's death, by
5 any party claiming as a beneficiary of the recipient for
6 injury caused in the course of providing services to that
7 recipient, the therapist may testify as to pertinent
8 records or communications in any administrative, judicial
9 or discovery proceeding for the purpose of preparing and
10 presenting a defense against the claim or action.
11 (3.1) A therapist has the right to communicate at
12 any time and in any fashion with his or her own counsel
13 or professional liability insurance carrier, or both,
14 concerning any care or treatment he or she provided, or
15 assisted in providing, to any patient.
16 (3.2) A therapist has the right to communicate at
17 any time and in any fashion with his or her present or
18 former employer, principal, partner, professional
19 corporation, or professional liability insurance carrier,
20 or counsel for any of those entities, concerning any care
21 or treatment he or she provided, or assisted in
22 providing, to any patient within the scope of his or her
23 employment, affiliation, or other agency with the
24 employer, principal, partner, or professional
25 corporation.
26 (4) Records and communications made to or by a
27 therapist in the course of examination ordered by a court
28 for good cause shown may, if otherwise relevant and
29 admissible, be disclosed in a civil, criminal, or
30 administrative proceeding in which the recipient is a
31 party or in appropriate pretrial proceedings, provided
32 such court has found that the recipient has been as
33 adequately and as effectively as possible informed before
34 submitting to such examination that such records and
35 communications would not be considered confidential or
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1 privileged. Such records and communications shall be
2 admissible only as to issues involving the recipient's
3 physical or mental condition and only to the extent that
4 these are germane to such proceedings.
5 (5) Records and communications may be disclosed in
6 a proceeding under the Probate Act of 1975, to determine
7 a recipient's competency or need for guardianship,
8 provided that the disclosure is made only with respect to
9 that issue.
10 (6) Records and communications may be disclosed
11 when such are made during treatment which the recipient
12 is ordered to undergo to render him fit to stand trial on
13 a criminal charge, provided that the disclosure is made
14 only with respect to the issue of fitness to stand trial.
15 (7) Records and communications of the recipient may
16 be disclosed in any civil or administrative proceeding
17 involving the validity of or benefits under a life,
18 accident, health or disability insurance policy or
19 certificate, or Health Care Service Plan Contract,
20 insuring the recipient, but only if and to the extent
21 that the recipient's mental condition, or treatment or
22 services in connection therewith, is a material element
23 of any claim or defense of any party, provided that
24 information sought or disclosed shall not be redisclosed
25 except in connection with the proceeding in which
26 disclosure is made.
27 (8) Records or communications may be disclosed when
28 such are relevant to a matter in issue in any action
29 brought under this Act and proceedings preliminary
30 thereto, provided that any information so disclosed shall
31 not be utilized for any other purpose nor be redisclosed
32 except in connection with such action or preliminary
33 proceedings.
34 (9) Records and communications of the recipient may
35 be disclosed in investigations of and trials for homicide
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1 when the disclosure relates directly to the fact or
2 immediate circumstances of the homicide.
3 (10) Records and communications of a deceased
4 recipient may be disclosed to a coroner conducting a
5 preliminary investigation into the recipient's death
6 under Section 3-3013 of the Counties Code. However,
7 records and communications of the deceased recipient
8 disclosed in an investigation shall be limited solely to
9 the deceased recipient's records and communications
10 relating to the factual circumstances of the incident
11 being investigated in a mental health facility.
12 (11) Records and communications of a recipient
13 shall be disclosed in a proceeding where a petition or
14 motion is filed under the Juvenile Court Act of 1987 and
15 the recipient is named as a parent, guardian, or legal
16 custodian of a minor who is the subject of a petition for
17 wardship as described in Section 2-3 of that Act or a
18 minor who is the subject of a petition for wardship as
19 described in Section 2-4 of that Act alleging the minor
20 is abused, neglected, or dependent or the recipient is
21 named as a parent of a child who is the subject of a
22 petition, supplemental petition, or motion to appoint a
23 guardian with the power to consent to adoption under
24 Section 2-29 of the Juvenile Court Act of 1987.
25 (b) Before a disclosure is made under subsection (a),
26 any party to the proceeding or any other interested person
27 may request an in camera review of the record or
28 communications to be disclosed. The court or agency
29 conducting the proceeding may hold an in camera review on its
30 own motion, except that this provision does not apply to
31 paragraph (3.1) of subsection (a) (regarding consultations
32 between a therapist and his or her own counsel or
33 professional liability insurance carrier) or paragraph (3.2)
34 of subsection (a) (regarding consultations between a
35 therapist and his or her employer, principal, partner,
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1 professional corporation, or professional liability insurance
2 carrier, or counsel for any of those entities). When,
3 contrary to the express wish of the recipient, the therapist
4 asserts a privilege on behalf and in the interest of a
5 recipient, the court may require that the therapist, in an in
6 camera hearing, establish that disclosure is not in the best
7 interest of the recipient. The court or agency may prevent
8 disclosure or limit disclosure to the extent that other
9 admissible evidence is sufficient to establish the facts in
10 issue, except that a court may not prevent or limit
11 disclosures between a therapist and his or her own counsel or
12 between a therapist and his or her employer, principal,
13 partner, professional corporation, or professional liability
14 insurance carrier, or counsel for any of those entities. The
15 court or agency may enter such orders as may be necessary in
16 order to protect the confidentiality, privacy, and safety of
17 the recipient or of other persons. Any order to disclose or
18 to not disclose shall be considered a final order for
19 purposes of appeal and shall be subject to interlocutory
20 appeal.
21 (c) A recipient's records and communications may be
22 disclosed to a duly authorized committee, commission or
23 subcommittee of the General Assembly which possesses subpoena
24 and hearing powers, upon a written request approved by a
25 majority vote of the committee, commission or subcommittee
26 members. The committee, commission or subcommittee may
27 request records only for the purposes of investigating or
28 studying possible violations of recipient rights. The
29 request shall state the purpose for which disclosure is
30 sought.
31 The facility shall notify the recipient, or his guardian,
32 and therapist in writing of any disclosure request under this
33 subsection within 5 business days after such request. Such
34 notification shall also inform the recipient, or guardian,
35 and therapist of their right to object to the disclosure
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1 within 10 business days after receipt of the notification and
2 shall include the name, address and telephone number of the
3 committee, commission or subcommittee member or staff person
4 with whom an objection shall be filed. If no objection has
5 been filed within 15 business days after the request for
6 disclosure, the facility shall disclose the records and
7 communications to the committee, commission or subcommittee.
8 If an objection has been filed within 15 business days after
9 the request for disclosure, the facility shall disclose the
10 records and communications only after the committee,
11 commission or subcommittee has permitted the recipient,
12 guardian or therapist to present his objection in person
13 before it and has renewed its request for disclosure by a
14 majority vote of its members.
15 Disclosure under this subsection shall not occur until
16 all personally identifiable data of the recipient and
17 provider are removed from the records and communications.
18 Disclosure under this subsection shall not occur in any
19 public proceeding.
20 (d) No party to any proceeding described under
21 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
22 of this Section, nor his or her attorney, shall serve a
23 subpoena seeking to obtain access to records or
24 communications under this Act unless the subpoena is
25 accompanied by a written order issued by a judge, authorizing
26 the disclosure of the records or the issuance of the
27 subpoena. No person shall comply with a subpoena for records
28 or communications under this Act, unless the subpoena is
29 accompanied by a written order authorizing the issuance of
30 the subpoena or the disclosure of the records.
31 This amendatory Act of 1995 applies to causes of action
32 filed on or after its effective date.
33 (Source: P.A. 89-7, eff. 3-9-95.)
34 (Text of Section WITHOUT the changes made by P.A. 89-7,
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1 which has been held unconstitutional)
2 Sec. 10. (a) Except as provided herein, in any civil,
3 criminal, administrative, or legislative proceeding, or in
4 any proceeding preliminary thereto, a recipient, and a
5 therapist on behalf and in the interest of a recipient, has
6 the privilege to refuse to disclose and to prevent the
7 disclosure of the recipient's record or communications.
8 (1) Records and communications may be disclosed in
9 a civil, criminal or administrative proceeding in which
10 the recipient introduces his mental condition or any
11 aspect of his services received for such condition as an
12 element of his claim or defense, if and only to the
13 extent the court in which the proceedings have been
14 brought, or, in the case of an administrative proceeding,
15 the court to which an appeal or other action for review
16 of an administrative determination may be taken, finds,
17 after in camera examination of testimony or other
18 evidence, that it is relevant, probative, not unduly
19 prejudicial or inflammatory, and otherwise clearly
20 admissible; that other satisfactory evidence is
21 demonstrably unsatisfactory as evidence of the facts
22 sought to be established by such evidence; and that
23 disclosure is more important to the interests of
24 substantial justice than protection from injury to the
25 therapist-recipient relationship or to the recipient or
26 other whom disclosure is likely to harm. Except in a
27 criminal proceeding in which the recipient, who is
28 accused in that proceeding, raises the defense of
29 insanity, no record or communication between a therapist
30 and a recipient shall be deemed relevant for purposes of
31 this subsection, except the fact of treatment, the cost
32 of services and the ultimate diagnosis unless the party
33 seeking disclosure of the communication clearly
34 establishes in the trial court a compelling need for its
35 production. However, for purposes of this Act, in any
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1 action brought or defended under the Illinois Marriage
2 and Dissolution of Marriage Act, or in any action in
3 which pain and suffering is an element of the claim,
4 mental condition shall not be deemed to be introduced
5 merely by making such claim and shall be deemed to be
6 introduced only if the recipient or a witness on his
7 behalf first testifies concerning the record or
8 communication.
9 (2) Records or communications may be disclosed in a
10 civil proceeding after the recipient's death when the
11 recipient's physical or mental condition has been
12 introduced as an element of a claim or defense by any
13 party claiming or defending through or as a beneficiary
14 of the recipient, provided the court finds, after in
15 camera examination of the evidence, that it is relevant,
16 probative, and otherwise clearly admissible; that other
17 satisfactory evidence is not available regarding the
18 facts sought to be established by such evidence; and that
19 disclosure is more important to the interests of
20 substantial justice than protection from any injury which
21 disclosure is likely to cause.
22 (3) In the event of a claim made or an action filed
23 by a recipient, or, following the recipient's death, by
24 any party claiming as a beneficiary of the recipient for
25 injury caused in the course of providing services to such
26 recipient, the therapist and other persons whose actions
27 are alleged to have been the cause of injury may disclose
28 pertinent records and communications to an attorney or
29 attorneys engaged to render advice about and to provide
30 representation in connection with such matter and to
31 persons working under the supervision of such attorney or
32 attorneys, and may testify as to such records or
33 communication in any administrative, judicial or
34 discovery proceeding for the purpose of preparing and
35 presenting a defense against such claim or action.
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1 (4) Records and communications made to or by a
2 therapist in the course of examination ordered by a court
3 for good cause shown may, if otherwise relevant and
4 admissible, be disclosed in a civil, criminal, or
5 administrative proceeding in which the recipient is a
6 party or in appropriate pretrial proceedings, provided
7 such court has found that the recipient has been as
8 adequately and as effectively as possible informed before
9 submitting to such examination that such records and
10 communications would not be considered confidential or
11 privileged. Such records and communications shall be
12 admissible only as to issues involving the recipient's
13 physical or mental condition and only to the extent that
14 these are germane to such proceedings.
15 (5) Records and communications may be disclosed in
16 a proceeding under the Probate Act of 1975, to determine
17 a recipient's competency or need for guardianship,
18 provided that the disclosure is made only with respect to
19 that issue.
20 (6) Records and communications may be disclosed
21 when such are made during treatment which the recipient
22 is ordered to undergo to render him fit to stand trial on
23 a criminal charge, provided that the disclosure is made
24 only with respect to the issue of fitness to stand trial.
25 (7) Records and communications of the recipient may
26 be disclosed in any civil or administrative proceeding
27 involving the validity of or benefits under a life,
28 accident, health or disability insurance policy or
29 certificate, or Health Care Service Plan Contract,
30 insuring the recipient, but only if and to the extent
31 that the recipient's mental condition, or treatment or
32 services in connection therewith, is a material element
33 of any claim or defense of any party, provided that
34 information sought or disclosed shall not be redisclosed
35 except in connection with the proceeding in which
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1 disclosure is made.
2 (8) Records or communications may be disclosed when
3 such are relevant to a matter in issue in any action
4 brought under this Act and proceedings preliminary
5 thereto, provided that any information so disclosed shall
6 not be utilized for any other purpose nor be redisclosed
7 except in connection with such action or preliminary
8 proceedings.
9 (9) Records and communications of the recipient may
10 be disclosed in investigations of and trials for homicide
11 when the disclosure relates directly to the fact or
12 immediate circumstances of the homicide.
13 (10) Records and communications of a deceased
14 recipient may be disclosed to a coroner conducting a
15 preliminary investigation into the recipient's death
16 under Section 3-3013 of the Counties Code. However,
17 records and communications of the deceased recipient
18 disclosed in an investigation shall be limited solely to
19 the deceased recipient's records and communications
20 relating to the factual circumstances of the incident
21 being investigated in a mental health facility.
22 (11) Records and communications of a recipient
23 shall be disclosed in a proceeding where a petition or
24 motion is filed under the Juvenile Court Act of 1987 and
25 the recipient is named as a parent, guardian, or legal
26 custodian of a minor who is the subject of a petition for
27 wardship as described in Section 2-3 of that Act or a
28 minor who is the subject of a petition for wardship as
29 described in Section 2-4 of that Act alleging the minor
30 is abused, neglected, or dependent or the recipient is
31 named as a parent of a child who is the subject of a
32 petition, supplemental petition, or motion to appoint a
33 guardian with the power to consent to adoption under
34 Section 2-29 of the Juvenile Court Act of 1987.
35 (b) Before a disclosure is made under subsection (a),
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1 any party to the proceeding or any other interested person
2 may request an in camera review of the record or
3 communications to be disclosed. The court or agency
4 conducting the proceeding may hold an in camera review on its
5 own motion. When, contrary to the express wish of the
6 recipient, the therapist asserts a privilege on behalf and in
7 the interest of a recipient, the court may require that the
8 therapist, in an in camera hearing, establish that disclosure
9 is not in the best interest of the recipient. The court or
10 agency may prevent disclosure or limit disclosure to the
11 extent that other admissible evidence is sufficient to
12 establish the facts in issue. The court or agency may enter
13 such orders as may be necessary in order to protect the
14 confidentiality, privacy, and safety of the recipient or of
15 other persons. Any order to disclose or to not disclose
16 shall be considered a final order for purposes of appeal and
17 shall be subject to interlocutory appeal.
18 (c) A recipient's records and communications may be
19 disclosed to a duly authorized committee, commission or
20 subcommittee of the General Assembly which possesses subpoena
21 and hearing powers, upon a written request approved by a
22 majority vote of the committee, commission or subcommittee
23 members. The committee, commission or subcommittee may
24 request records only for the purposes of investigating or
25 studying possible violations of recipient rights. The
26 request shall state the purpose for which disclosure is
27 sought.
28 The facility shall notify the recipient, or his guardian,
29 and therapist in writing of any disclosure request under this
30 subsection within 5 business days after such request. Such
31 notification shall also inform the recipient, or guardian,
32 and therapist of their right to object to the disclosure
33 within 10 business days after receipt of the notification and
34 shall include the name, address and telephone number of the
35 committee, commission or subcommittee member or staff person
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1 with whom an objection shall be filed. If no objection has
2 been filed within 15 business days after the request for
3 disclosure, the facility shall disclose the records and
4 communications to the committee, commission or subcommittee.
5 If an objection has been filed within 15 business days after
6 the request for disclosure, the facility shall disclose the
7 records and communications only after the committee,
8 commission or subcommittee has permitted the recipient,
9 guardian or therapist to present his objection in person
10 before it and has renewed its request for disclosure by a
11 majority vote of its members.
12 Disclosure under this subsection shall not occur until
13 all personally identifiable data of the recipient and
14 provider are removed from the records and communications.
15 Disclosure under this subsection shall not occur in any
16 public proceeding.
17 (d) No party to any proceeding described under
18 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
19 of this Section, nor his or her attorney, shall serve a
20 subpoena seeking to obtain access to records or
21 communications under this Act unless the subpoena is
22 accompanied by a written order issued by a judge, authorizing
23 the disclosure of the records or the issuance of the
24 subpoena. No person shall comply with a subpoena for records
25 or communications under this Act, unless the subpoena is
26 accompanied by a written order authorizing the issuance of
27 the subpoena or the disclosure of the records.
28 (Source: P.A. 86-1417; 87-124; 87-556; 87-895.)
29 Section 40. The Adoption Act is amended by changing
30 Sections 1, 2, 10, and 15.1 as follows:
31 (750 ILCS 50/1) (from Ch. 40, par. 1501)
32 Sec. 1. Definitions. When used in this Act, unless the
33 context otherwise requires:
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1 A. "Child" means a person under legal age subject to
2 adoption under this Act.
3 B. "Related child" means a child subject to adoption
4 where either or both of the adopting parents stands in any of
5 the following relationships to the child by blood or
6 marriage: parent, grand-parent, brother, sister, step-parent,
7 step-grandparent, step-brother, step-sister, uncle, aunt,
8 great-uncle, great-aunt, or cousin of first degree. A child
9 whose parent has executed a final irrevocable consent to
10 adoption or a final irrevocable surrender for purposes of
11 adoption, or whose parent has had his or her parental rights
12 terminated, is not a related child to that person, unless the
13 consent is determined to be void or is void pursuant to
14 subsection O of Section 10.
15 C. "Agency" for the purpose of this Act means a public
16 child welfare agency or a licensed child welfare agency.
17 D. "Unfit person" means any person whom the court shall
18 find to be unfit to have a child, without regard to the
19 likelihood that the child will be placed for adoption. The
20 grounds of unfitness are any one or more of the following:
21 (a) Abandonment of the child.
22 (a-1) Abandonment of a newborn infant in a
23 hospital.
24 (a-2) Abandonment of a newborn infant in any
25 setting where the evidence suggests that the parent
26 intended to relinquish his or her parental rights.
27 (b) Failure to maintain a reasonable degree of
28 interest, concern or responsibility as to the child's
29 welfare.
30 (c) Desertion of the child for more than 3 months
31 next preceding the commencement of the Adoption
32 proceeding.
33 (d) Substantial neglect of the child if continuous
34 or repeated.
35 (d-1) Substantial neglect, if continuous or
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1 repeated, of any child residing in the household which
2 resulted in the death of that child.
3 (e) Extreme or repeated cruelty to the child.
4 (f) Two or more findings of physical abuse to any
5 children under Section 4-8 of the Juvenile Court Act or
6 Section 2-21 of the Juvenile Court Act of 1987, the most
7 recent of which was determined by the juvenile court
8 hearing the matter to be supported by clear and
9 convincing evidence; a criminal conviction or a finding
10 of not guilty by reason of insanity resulting from the
11 death of any child by physical child abuse; or a finding
12 of physical child abuse resulting from the death of any
13 child under Section 4-8 of the Juvenile Court Act or
14 Section 2-21 of the Juvenile Court Act of 1987.
15 (g) Failure to protect the child from conditions
16 within his environment injurious to the child's welfare.
17 (h) Other neglect of, or misconduct toward the
18 child; provided that in making a finding of unfitness the
19 court hearing the adoption proceeding shall not be bound
20 by any previous finding, order or judgment affecting or
21 determining the rights of the parents toward the child
22 sought to be adopted in any other proceeding except such
23 proceedings terminating parental rights as shall be had
24 under either this Act, the Juvenile Court Act or the
25 Juvenile Court Act of 1987.
26 (i) Depravity. Conviction of any one of the
27 following crimes shall create a presumption that a parent
28 is depraved which can be overcome only by clear and
29 convincing evidence: (1) first degree murder in violation
30 of paragraph 1 or 2 of subsection (a) of Section 9-1 of
31 the Criminal Code of 1961 or conviction of second degree
32 murder in violation of subsection (a) of Section 9-2 of
33 the Criminal Code of 1961 of a parent of the child to be
34 adopted; (2) first degree murder or second degree murder
35 of any child in violation of the Criminal Code of 1961;
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1 (3) attempt or conspiracy to commit first degree murder
2 or second degree murder of any child in violation of the
3 Criminal Code of 1961; (4) solicitation to commit murder
4 of any child, solicitation to commit murder of any child
5 for hire, or solicitation to commit second degree murder
6 of any child in violation of the Criminal Code of 1961;
7 or (5) aggravated criminal sexual assault in violation of
8 Section 12-14(b)(1) of the Criminal Code of 1961.
9 There is a rebuttable presumption that a parent is
10 depraved if the parent has been criminally convicted of
11 at least 3 felonies under the laws of this State or any
12 other state, or under federal law, or the criminal laws
13 of any United States territory; and at least one of these
14 convictions took place within 5 years of the filing of
15 the petition or motion seeking termination of parental
16 rights.
17 There is a rebuttable presumption that a parent is
18 depraved if that parent has been criminally convicted of
19 either first or second degree murder of any person as
20 defined in the Criminal Code of 1961 within 10 years of
21 the filing date of the petition or motion to terminate
22 parental rights.
23 (j) Open and notorious adultery or fornication.
24 (j-1) (Blank). Conviction of any one of the
25 following crimes shall create a presumption of unfitness
26 that may be overcome only by clear and convincing
27 evidence: (1) first degree murder in violation of
28 paragraph 1 or 2 of subsection (a) of Section 9-1 of the
29 Criminal Code of 1961 or conviction of second degree
30 murder in violation of subsection (a) of Section 9-2 of
31 the Criminal Code of 1961 of a parent of the child to be
32 adopted; (2) a criminal conviction of first degree murder
33 or second degree murder of any child in violation of the
34 Criminal Code of 1961; (3) a criminal conviction of
35 attempt or conspiracy to commit first degree murder or
-116- LRB9011267SMmbccr1
1 second degree murder of any child in violation of the
2 Criminal Code of 1961; (4) a criminal conviction of
3 solicitation to commit murder of any child, solicitation
4 to commit murder of any child for hire, or solicitation
5 to commit second degree murder of any child in violation
6 of the Criminal Code of 1961; (5) a criminal conviction
7 of accountability for the first or second degree murder
8 of any child in violation of the Criminal Code of 1961;
9 or (6) a criminal conviction of aggravated criminal
10 sexual assault in violation of Section 12-14(b)(1) of the
11 Criminal Code of 1961.
12 (k) Habitual drunkenness or addiction to drugs,
13 other than those prescribed by a physician, for at least
14 one year immediately prior to the commencement of the
15 unfitness proceeding.
16 There is a rebuttable presumption that a parent is
17 unfit under this subsection with respect to any child to
18 which that parent gives birth where there is a confirmed
19 test result that at birth the child's blood, urine, or
20 meconium contained any amount of a controlled substance
21 as defined in subsection (f) of Section 102 of the
22 Illinois Controlled Substances Act or metabolites of such
23 substances, the presence of which in the newborn infant
24 was not the result of medical treatment administered to
25 the mother or the newborn infant; and the biological
26 mother of this child is the biological mother of at least
27 one other child who was adjudicated a neglected minor
28 under subsection (c) of Section 2-3 of the Juvenile Court
29 Act of 1987.
30 (l) Failure to demonstrate a reasonable degree of
31 interest, concern or responsibility as to the welfare of
32 a new born child during the first 30 days after its
33 birth.
34 (m) Failure by a parent to make reasonable efforts
35 to correct the conditions that were the basis for the
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1 removal of the child from the parent, or to make
2 reasonable progress toward the return of the child to the
3 parent within 9 months after an adjudication of neglected
4 or abused minor under Section 2-3 of the Juvenile Court
5 Act of 1987 or dependent minor under Section 2-4 of that
6 Act. If a service plan has been established as required
7 under Section 8.2 of the Abused and Neglected Child
8 Reporting Act to correct the conditions that were the
9 basis for the removal of the child from the parent and if
10 those services were available, then, for purposes of this
11 Act, "failure to make reasonable progress toward the
12 return of the child to the parent" includes the parent's
13 failure to substantially fulfill his or her obligations
14 under the service plan and correct the conditions that
15 brought the child into care within 9 months after the
16 adjudication under Section 2-3 or 2-4 of the Juvenile
17 Court Act of 1987.
18 (m-1) Pursuant to the Juvenile Court Act of 1987, a
19 child has been in foster care for 15 months out of any 22
20 month period which begins on or after the effective date
21 of this amendatory Act of 1998 unless the child's parent
22 can prove by a preponderance of the evidence that it is
23 more likely than not that it will be in the best
24 interests of the child to be returned to the parent
25 within 6 months of the date on which a petition for
26 termination of parental rights is filed under the
27 Juvenile Court Act of 1987. The 15 month time limit is
28 tolled during any period for which there is a court
29 finding that the appointed custodian or guardian failed
30 to make reasonable efforts to reunify the child with his
31 or her family, provided that (i) the finding of no
32 reasonable efforts is made within 60 days of the period
33 when reasonable efforts were not made or (ii) the parent
34 filed a motion requesting a finding of no reasonable
35 efforts within 60 days of the period when reasonable
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1 efforts were not made. For purposes of this subdivision
2 (m-1), the date of entering foster care is the earlier
3 of: (i) the date of a judicial finding at an adjudicatory
4 hearing that the child is an abused, neglected, or
5 dependent minor; or (ii) 60 days after the date on which
6 the child is removed from his or her parent, guardian, or
7 legal custodian.
8 (n) Evidence of intent to forego his or her
9 parental rights, whether or not the child is a ward of
10 the court, (1) as manifested by his or her failure for a
11 period of 12 months: (i) to visit the child, (ii) to
12 communicate with the child or agency, although able to do
13 so and not prevented from doing so by an agency or by
14 court order, or (iii) to maintain contact with or plan
15 for the future of the child, although physically able to
16 do so, or (2) as manifested by the father's failure,
17 where he and the mother of the child were unmarried to
18 each other at the time of the child's birth, (i) to
19 commence legal proceedings to establish his paternity
20 under the Illinois Parentage Act of 1984 or the law of
21 the jurisdiction of the child's birth within 30 days of
22 being informed, pursuant to Section 12a of this Act, that
23 he is the father or the likely father of the child or,
24 after being so informed where the child is not yet born,
25 within 30 days of the child's birth, or (ii) to make a
26 good faith effort to pay a reasonable amount of the
27 expenses related to the birth of the child and to provide
28 a reasonable amount for the financial support of the
29 child, the court to consider in its determination all
30 relevant circumstances, including the financial condition
31 of both parents; provided that the ground for termination
32 provided in this subparagraph (n)(2)(ii) shall only be
33 available where the petition is brought by the mother or
34 the husband of the mother.
35 Contact or communication by a parent with his or her
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1 child that does not demonstrate affection and concern
2 does not constitute reasonable contact and planning under
3 subdivision (n). In the absence of evidence to the
4 contrary, the ability to visit, communicate, maintain
5 contact, pay expenses and plan for the future shall be
6 presumed. The subjective intent of the parent, whether
7 expressed or otherwise, unsupported by evidence of the
8 foregoing parental acts manifesting that intent, shall
9 not preclude a determination that the parent has intended
10 to forego his or her parental rights. In making this
11 determination, the court may consider but shall not
12 require a showing of diligent efforts by an authorized
13 agency to encourage the parent to perform the acts
14 specified in subdivision (n).
15 It shall be an affirmative defense to any allegation
16 under paragraph (2) of this subsection that the father's
17 failure was due to circumstances beyond his control or to
18 impediments created by the mother or any other person
19 having legal custody. Proof of that fact need only be by
20 a preponderance of the evidence.
21 (o) Repeated or continuous failure by the parents,
22 although physically and financially able, to provide the
23 child with adequate food, clothing, or shelter.
24 (p) Inability to discharge parental
25 responsibilities supported by competent evidence from a
26 psychiatrist, licensed clinical social worker, or
27 clinical psychologist of mental impairment, mental
28 illness or mental retardation as defined in Section 1-116
29 of the Mental Health and Developmental Disabilities Code,
30 or developmental disability as defined in Section 1-106
31 of that Code, and there is sufficient justification to
32 believe that the inability to discharge parental
33 responsibilities shall extend beyond a reasonable time
34 period. However, this subdivision (p) shall not be
35 construed so as to permit a licensed clinical social
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1 worker to conduct any medical diagnosis to determine
2 mental illness or mental impairment.
3 (q) The parent has been criminally convicted of
4 aggravated battery, heinous battery, or attempted murder
5 of any child A finding of physical abuse of the child
6 under Section 4-8 of the Juvenile Court Act or Section
7 2-21 of the Juvenile Court Act of 1987 and a criminal
8 conviction of aggravated battery of the child.
9 (r) The child is in the temporary custody or
10 guardianship of the Department of Children and Family
11 Services, the parent is incarcerated as a result of
12 criminal conviction at the time the petition or motion
13 for termination of parental rights is filed, prior to
14 incarceration the parent had little or no contact with
15 the child or provided little or no support for the child,
16 and the parent's incarceration will prevent the parent
17 from discharging his or her parental responsibilities for
18 the child for a period in excess of 2 years after the
19 filing of the petition or motion for termination of
20 parental rights.
21 (s) The child is in the temporary custody or
22 guardianship of the Department of Children and Family
23 Services, the parent is incarcerated at the time the
24 petition or motion for termination of parental rights is
25 filed, the parent has been repeatedly incarcerated as a
26 result of criminal convictions, and the parent's repeated
27 incarceration has prevented the parent from discharging
28 his or her parental responsibilities for the child.
29 (t) (r) A finding that at birth the child's blood,
30 or urine, or meconium contained any amount of a
31 controlled substance as defined in subsection (f) of
32 Section 102 of the Illinois Controlled Substances Act, or
33 a metabolite of a controlled substance, with the
34 exception of controlled substances or metabolites of such
35 substances, the presence of which in the newborn infant
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1 was the result of medical treatment administered to the
2 mother or the newborn infant, and that the biological
3 mother of this child is the biological mother of at least
4 one other child who was adjudicated a neglected minor
5 under subsection (c) of Section 2-3 of the Juvenile Court
6 Act of 1987, after which the biological mother had the
7 opportunity to enroll in and participate in a clinically
8 appropriate substance abuse drug counseling, treatment,
9 and rehabilitation program.
10 E. "Parent" means the father or mother of a legitimate
11 or illegitimate child. For the purpose of this Act, a person
12 who has executed a final and irrevocable consent to adoption
13 or a final and irrevocable surrender for purposes of
14 adoption, or whose parental rights have been terminated by a
15 court, is not a parent of the child who was the subject of
16 the consent or surrender, unless the consent is void pursuant
17 to subsection O of Section 10.
18 F. A person is available for adoption when the person
19 is:
20 (a) a child who has been surrendered for adoption
21 to an agency and to whose adoption the agency has
22 thereafter consented;
23 (b) a child to whose adoption a person authorized
24 by law, other than his parents, has consented, or to
25 whose adoption no consent is required pursuant to Section
26 8 of this Act;
27 (c) a child who is in the custody of persons who
28 intend to adopt him through placement made by his
29 parents;
30 (c-1) a child for whom a parent has signed a
31 specific consent pursuant to subsection O of Section 10;
32 or
33 (d) an adult who meets the conditions set forth in
34 Section 3 of this Act.
35 A person who would otherwise be available for adoption
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1 shall not be deemed unavailable for adoption solely by reason
2 of his or her death.
3 G. The singular includes the plural and the plural
4 includes the singular and the "male" includes the "female",
5 as the context of this Act may require.
6 H. "Adoption disruption" occurs when an adoptive
7 placement does not prove successful and it becomes necessary
8 for the child to be removed from placement before the
9 adoption is finalized.
10 I. "Foreign placing agency" is an agency or individual
11 operating in a country or territory outside the United States
12 that is authorized by its country to place children for
13 adoption either directly with families in the United States
14 or through United States based international agencies.
15 J. "Immediate relatives" means the biological parents,
16 the parents of the biological parents and siblings of the
17 biological parents.
18 K. "Intercountry adoption" is a process by which a child
19 from a country other than the United States is adopted.
20 L. "Intercountry Adoption Coordinator" is a staff person
21 of the Department of Children and Family Services appointed
22 by the Director to coordinate the provision of services by
23 the public and private sector to prospective parents of
24 foreign-born children.
25 M. "Interstate Compact on the Placement of Children" is
26 a law enacted by most states for the purpose of establishing
27 uniform procedures for handling the interstate placement of
28 children in foster homes, adoptive homes, or other child care
29 facilities.
30 N. "Non-Compact state" means a state that has not
31 enacted the Interstate Compact on the Placement of Children.
32 O. "Preadoption requirements" are any conditions
33 established by the laws or regulations of the Federal
34 Government or of each state that must be met prior to the
35 placement of a child in an adoptive home.
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1 P. "Abused child" means a child whose parent or
2 immediate family member, or any person responsible for the
3 child's welfare, or any individual residing in the same home
4 as the child, or a paramour of the child's parent:
5 (a) inflicts, causes to be inflicted, or allows to
6 be inflicted upon the child physical injury, by other
7 than accidental means, that causes death, disfigurement,
8 impairment of physical or emotional health, or loss or
9 impairment of any bodily function;
10 (b) creates a substantial risk of physical injury
11 to the child by other than accidental means which would
12 be likely to cause death, disfigurement, impairment of
13 physical or emotional health, or loss or impairment of
14 any bodily function;
15 (c) commits or allows to be committed any sex
16 offense against the child, as sex offenses are defined in
17 the Criminal Code of 1961 and extending those definitions
18 of sex offenses to include children under 18 years of
19 age;
20 (d) commits or allows to be committed an act or
21 acts of torture upon the child; or
22 (e) inflicts excessive corporal punishment.
23 Q. "Neglected child" means any child whose parent or
24 other person responsible for the child's welfare withholds or
25 denies nourishment or medically indicated treatment including
26 food or care denied solely on the basis of the present or
27 anticipated mental or physical impairment as determined by a
28 physician acting alone or in consultation with other
29 physicians or otherwise does not provide the proper or
30 necessary support, education as required by law, or medical
31 or other remedial care recognized under State law as
32 necessary for a child's well-being, or other care necessary
33 for his or her well-being, including adequate food, clothing
34 and shelter; or who is abandoned by his or her parents or
35 other person responsible for the child's welfare.
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1 A child shall not be considered neglected or abused for
2 the sole reason that the child's parent or other person
3 responsible for his or her welfare depends upon spiritual
4 means through prayer alone for the treatment or cure of
5 disease or remedial care as provided under Section 4 of the
6 Abused and Neglected Child Reporting Act.
7 R. "Putative father" means a man who may be a child's
8 father, but who (1) is not married to the child's mother on
9 or before the date that the child was or is to be born and
10 (2) has not established paternity of the child in a court
11 proceeding before the filing of a petition for the adoption
12 of the child. The term includes a male who is less than 18
13 years of age. "Putative father" does not mean a man who is
14 the child's father as a result of criminal sexual abuse or
15 assault as defined under Article 12 of the Criminal Code of
16 1961.
17 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
18 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
19 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
20 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
21 6-25-97; 90-443, eff. 8-16-97; revised 11-26-97.)
22 (750 ILCS 50/2) (from Ch. 40, par. 1502)
23 Sec. 2. Who may adopt a child. A. Any of the following
24 persons, who is under no legal disability (except the
25 minority specified in sub-paragraph (b) and who has resided
26 in the State of Illinois continuously for a period of at
27 least 6 months immediately preceding the commencement of an
28 adoption proceeding, or any member of the armed forces of the
29 United States who has been domiciled in the State of Illinois
30 for 90 days, may institute such proceeding:
31 (a) A reputable person of legal age and of either sex,
32 provided that if such person is married and has not been
33 living separate and apart from his or her spouse for 12
34 months or longer, his or her spouse shall be a party to the
-125- LRB9011267SMmbccr1
1 adoption proceeding, including a husband or wife desiring to
2 adopt a child of the other spouse, in all of which cases the
3 adoption shall be by both spouses jointly;
4 (b) A minor, by leave of court upon good cause shown.
5 B. The residence requirement specified in paragraph A of
6 this Section shall not apply to an adoption of a related
7 child or to an adoption of a child placed by an agency.
8 (Source: P.A. 83-62.)
9 (750 ILCS 50/10) (from Ch. 40, par. 1512)
10 Sec. 10. Forms of consent and surrender; execution and
11 acknowledgment thereof.)
12 A. The form of consent required for the adoption of a
13 born child shall be substantially as follows:
14 FINAL AND IRREVOCABLE CONSENT TO ADOPTION
15 I, ...., (relationship, e.g., mother, father, relative,
16 guardian) of ...., a ..male child, state:
17 That such child was born on .... at ....
18 That I reside at ...., County of .... and State of ....
19 That I am of the age of .... years.
20 That I hereby enter my appearance in this proceeding and
21 waive service of summons on me.
22 That I do hereby consent and agree to the adoption of
23 such child.
24 That I wish to and understand that by signing this
25 consent I do irrevocably and permanently give up all custody
26 and other parental rights I have to such child.
27 That I understand such child will be placed for adoption
28 and that I cannot under any circumstances, after signing this
29 document, change my mind and revoke or cancel this consent or
30 obtain or recover custody or any other rights over such
31 child. That I have read and understand the above and I am
32 signing it as my free and voluntary act.
33 Dated this .... day of ...., 19....
34 If under Section 8 the consent of more than one person is
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1 required, then each such person shall execute a separate
2 consent.
3 B. The form of consent required for the adoption of an
4 unborn child shall be substantially as follows:
5 CONSENT TO ADOPTION OF UNBORN CHILD
6 I, ...., state:
7 That I am the father of a child expected to be born on or
8 about .... to .... (name of mother).
9 That I reside at .... County of ...., and State of .....
10 That I am of the age of .... years.
11 That I hereby enter my appearance in such adoption
12 proceeding and waive service of summons on me.
13 That I do hereby consent and agree to the adoption of
14 such child, and that I have not previously executed a consent
15 or surrender with respect to such child.
16 That I wish to and do understand that by signing this
17 consent I do irrevocably and permanently give up all custody
18 and other parental rights I have to such child, except that I
19 have the right to revoke this consent by giving written
20 notice of my revocation not later than 72 hours after the
21 birth of the child.
22 That I understand such child will be placed for adoption
23 and that, except as hereinabove provided, I cannot under any
24 circumstances, after signing this document, change my mind
25 and revoke or cancel this consent or obtain or recover
26 custody or any other rights over such child.
27 That I have read and understand the above and I am
28 signing it as my free and voluntary act.
29 Dated this .... day of ...., 19...
30 ........................
31 C. The form of surrender to any agency given by a parent
32 of a born child who is to be subsequently placed for adoption
33 shall be substantially as follows and shall contain such
34 other facts and statements as the particular agency shall
35 require.
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1 FINAL AND IRREVOCABLE SURRENDER
2 FOR PURPOSES OF ADOPTION
3 I, .... (relationship, e.g., mother, father, relative,
4 guardian) of ...., a ..male child, state:
5 That such child was born on ...., at .....
6 That I reside at ...., County of ...., and State of .....
7 That I am of the age of .... years.
8 That I do hereby surrender and entrust the entire custody
9 and control of such child to the .... (the "Agency"), a
10 (public) (licensed) child welfare agency with its principal
11 office in the City of ...., County of .... and State of ....,
12 for the purpose of enabling it to care for and supervise the
13 care of such child, to place such child for adoption and to
14 consent to the legal adoption of such child.
15 That I hereby grant to the Agency full power and
16 authority to place such child with any person or persons it
17 may in its sole discretion select to become the adopting
18 parent or parents and to consent to the legal adoption of
19 such child by such person or persons; and to take any and all
20 measures which, in the judgment of the Agency, may be for the
21 best interests of such child, including authorizing medical,
22 surgical and dental care and treatment including inoculation
23 and anaesthesia for such child.
24 That I wish to and understand that by signing this
25 surrender I do irrevocably and permanently give up all
26 custody and other parental rights I have to such child.
27 That I understand I cannot under any circumstances, after
28 signing this surrender, change my mind and revoke or cancel
29 this surrender or obtain or recover custody or any other
30 rights over such child.
31 That I have read and understand the above and I am
32 signing it as my free and voluntary act.
33 Dated this .... day of ...., 19...
34 ........................
35 D. The form of surrender to an agency given by a parent
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1 of an unborn child who is to be subsequently placed for
2 adoption shall be substantially as follows and shall contain
3 such other facts and statements as the particular agency
4 shall require.
5 SURRENDER OF UNBORN CHILD FOR
6 PURPOSES OF ADOPTION
7 I, .... (father), state:
8 That I am the father of a child expected to be born on or
9 about .... to .... (name of mother).
10 That I reside at ...., County of ...., and State of .....
11 That I am of the age of .... years.
12 That I do hereby surrender and entrust the entire custody
13 and control of such child to the .... (the "Agency"), a
14 (public) (licensed) child welfare agency with its principal
15 office in the City of ...., County of .... and State of
16 ...., for the purpose of enabling it to care for and
17 supervise the care of such child, to place such child for
18 adoption and to consent to the legal adoption of such child,
19 and that I have not previously executed a consent or
20 surrender with respect to such child.
21 That I hereby grant to the Agency full power and
22 authority to place such child with any person or persons it
23 may in its sole discretion select to become the adopting
24 parent or parents and to consent to the legal adoption of
25 such child by such person or persons; and to take any and all
26 measures which, in the judgment of the Agency, may be for the
27 best interests of such child, including authorizing medical,
28 surgical and dental care and treatment, including inoculation
29 and anaesthesia for such child.
30 That I wish to and understand that by signing this
31 surrender I do irrevocably and permanently give up all
32 custody and other parental rights I have to such child.
33 That I understand I cannot under any circumstances, after
34 signing this surrender, change my mind and revoke or cancel
35 this surrender or obtain or recover custody or any other
-129- LRB9011267SMmbccr1
1 rights over such child, except that I have the right to
2 revoke this surrender by giving written notice of my
3 revocation not later than 72 hours after the birth of such
4 child.
5 That I have read and understand the above and I am
6 signing it as my free and voluntary act.
7 Dated this .... day of ...., 19...
8 ........................
9 E. The form of consent required from the parents for the
10 adoption of an adult, when such adult elects to obtain such
11 consent, shall be substantially as follows:
12 CONSENT
13 I, ...., (father) (mother) of ...., an adult, state:
14 That I reside at ...., County of .... and State of .....
15 That I do hereby consent and agree to the adoption of
16 such adult by .... and .....
17 Dated this .... day of .......... 19
18 F. The form of consent required for the adoption of a
19 child of the age of 14 years or upwards, or of an adult, to
20 be given by such person, shall be substantially as follows:
21 CONSENT
22 I, ...., state:
23 That I reside at ...., County of .... and State of .....
24 That I am of the age of .... years. That I consent and
25 agree to my adoption by .... and .....
26 Dated this .... day of ......., 19...
27 ........................
28 G. The form of consent given by an agency to the
29 adoption by specified persons of a child previously
30 surrendered to it shall set forth that the agency has the
31 authority to execute such consent. The form of consent given
32 by a guardian of the person of a child sought to be adopted,
33 appointed by a court of competent jurisdiction, shall set
34 forth the facts of such appointment and the authority of the
35 guardian to execute such consent.
-130- LRB9011267SMmbccr1
1 H. A consent (other than that given by an agency, or
2 guardian of the person of the child sought to be adopted
3 appointed by a court of competent jurisdiction) shall be
4 acknowledged by a parent before the presiding judge of the
5 court in which the petition for adoption has been, or is to
6 be filed or before any other judge or hearing officer
7 designated or subsequently approved by the court, or the
8 circuit clerk if so authorized by the presiding judge or,
9 except as otherwise provided in this Act, before a
10 representative of the Department of Children and Family
11 Services or a licensed child welfare agency, or before social
12 service personnel under the jurisdiction of a court of
13 competent jurisdiction, or before social service personnel of
14 the Cook County Department of Supportive Services designated
15 by the presiding judge.
16 I. A surrender, or any other document equivalent to a
17 surrender, by which a child is surrendered to an agency shall
18 be acknowledged by the person signing such surrender, or
19 other document, before a judge or hearing officer or the
20 clerk of any court of record, either in this State or any
21 other state of the United States, or before a representative
22 of an agency or before any other person designated or
23 approved by the presiding judge of the court in which the
24 petition for adoption has been, or is to be, filed.
25 J. The form of the certificate of acknowledgment for a
26 consent, a surrender, or any other document equivalent to a
27 surrender, shall be substantially as follows:
28 STATE OF ....)
29 ) SS.
30 COUNTY OF ...)
31 I, .... (Name of judge or other person), .... (official
32 title, name and location of court or status or position of
33 other person), certify that ...., personally known to me to
34 be the same person whose name is subscribed to the foregoing
35 (consent) (surrender), appeared before me this day in person
-131- LRB9011267SMmbccr1
1 and acknowledged that (she) (he) signed and delivered such
2 (consent) (surrender) as (her) (his) free and voluntary act,
3 for the specified purpose.
4 I have fully explained that by signing such (consent)
5 (surrender) (she) (he) is irrevocably relinquishing all
6 parental rights to such child or adult and (she) (he) has
7 stated that such is (her) (his) intention and desire.
8 Dated 19
9 Signature
10 K. When the execution of a consent or a surrender is
11 acknowledged before someone other than a judge or the clerk
12 of a court of record, such other person shall have his
13 signature on the certificate acknowledged before a notary
14 public, in form substantially as follows:
15 STATE OF ....)
16 ) SS.
17 COUNTY OF ...)
18 I, a Notary Public, in and for the County of ......, in
19 the State of ......, certify that ...., personally known to
20 me to be the same person whose name is subscribed to the
21 foregoing certificate of acknowledgment, appeared before me
22 in person and acknowledged that (she) (he) signed such
23 certificate as (her) (his) free and voluntary act and that
24 the statements made in the certificate are true.
25 Dated ......... 19...
26 Signature ...................... Notary Public
27 (official seal)
28 There shall be attached a certificate of magistracy, or
29 other comparable proof of office of the notary public
30 satisfactory to the court, to a consent signed and
31 acknowledged in another state.
32 L. A surrender or consent executed and acknowledged
33 outside of this State, either in accordance with the law of
34 this State or in accordance with the law of the place where
35 executed, is valid.
-132- LRB9011267SMmbccr1
1 M. Where a consent or a surrender is signed in a foreign
2 country, the execution of such consent shall be acknowledged
3 or affirmed in a manner conformable to the law and procedure
4 of such country.
5 N. If the person signing a consent or surrender is in
6 the military service of the United States, the execution of
7 such consent or surrender may be acknowledged before a
8 commissioned officer and the signature of such officer on
9 such certificate shall be verified or acknowledged before a
10 notary public or by such other procedure as is then in effect
11 for such division or branch of the armed forces.
12 O. (1) The parent or parents of a child in whose
13 interests a petition under Section 2-13 of the Juvenile Court
14 Act of 1987 is pending may, with the approval of the
15 designated representative of the Department of Children and
16 Family Services, execute a consent to adoption by a specified
17 person or persons:
18 (a) in whose physical custody the child has resided
19 for at least one year; or
20 (b) in whose physical custody at least one sibling
21 of the child who is the subject of this consent has
22 resided for at least one year, and the child who is the
23 subject of this consent is currently residing in this
24 foster home; or
25 (c) in whose physical custody a child under one
26 year of age has resided for at least 3 months.
27 A consent under this subsection O shall be acknowledged by a
28 parent pursuant to subsection H and subsection K of this
29 Section.
30 (2) The consent to adoption by a specified person or
31 persons shall have the caption of the proceeding in which it
32 is to be filed and shall be substantially as follows:
33 FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
34 A SPECIFIED PERSON OR PERSONS
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1 I, ......................................, the
2 .................. (mother or father) of a ....male child,
3 state:
4 1. My child ............................ (name of
5 child) was born on (date) ............, ...... at
6 .................... Hospital in ................ County,
7 State of .............. .
8 2. I reside at ......................, County of
9 ............. and State of ............. .
10 3. I, ..........................., am .... years
11 old.
12 4. I enter my appearance in this action to adopt my
13 child by the person or persons specified herein by me and
14 waive service of summons on me in this action only.
15 5. I consent to the adoption of my child by
16 ............................. (specified person or
17 persons) only.
18 6. I wish to sign this consent and I understand
19 that by signing this consent I irrevocably and
20 permanently give up all parental rights I have to my
21 child if my child is adopted by
22 ............................. (specified person or
23 persons).
24 7. I understand my child will be adopted by
25 ............................. (specified person or
26 persons) only and that I cannot under any circumstances,
27 after signing this document, change my mind and revoke or
28 cancel this consent or obtain or recover custody or any
29 other rights over my child if
30 ............................ (specified person or
31 persons) adopt my child.
32 8. I understand that this consent to adoption is
33 valid only if the petition to adopt is filed within one
34 year from the date that I sign it and that if
35 ....................... (specified person or persons),
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1 for any reason, cannot or will not file a petition to
2 adopt my child within that one year period or if their
3 adoption petition is denied, then this consent will be
4 void. I have the right to notice of any other proceeding
5 that could affect my parental rights, except for the
6 proceeding for ............. (specified person or
7 persons) to adopt my child.
8 9. I have read and understand the above and I am
9 signing it as my free and voluntary act.
10 Dated this ..... day of ....., .......
11 .............................................
12 Signature of parent
13 (3) If the parent consents to an adoption by 2 specified
14 persons, then the form shall contain 2 additional paragraphs
15 in substantially the following form:
16 10. If ............... (specified persons) get a
17 divorce before the petition to adopt my child is granted,
18 then .......... (specified person) shall adopt my child.
19 I understand that I cannot change my mind and revoke this
20 consent or obtain or recover custody over my child if
21 ............. (specified persons) divorce and
22 ............. (specified person) adopts my child. I
23 understand that I cannot change my mind and revoke this
24 consent or obtain or recover custody over my child if
25 ................. (specified persons) divorce after the
26 adoption is final. I understand that this consent to
27 adoption has no effect on who will get custody of my
28 child if they divorce after the adoption is final.
29 11. I understand that if either ...............
30 (specified persons) dies before the petition to adopt my
31 child is granted, then the surviving person can adopt my
32 child. I understand that I cannot change my mind and
33 revoke this consent or obtain or recover custody over my
34 child if the surviving person adopts my child.
35 A consent to adoption by specified persons on this form
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1 shall have no effect on a court's determination of custody or
2 visitation under the Illinois Marriage and Dissolution of
3 Marriage Act if the marriage of the specified persons is
4 dissolved after the adoption is final.
5 (4) The form of the certificate of acknowledgement for a
6 Final and Irrevocable Consent for Adoption by a Specified
7 Person or Persons shall be substantially as follows:
8 STATE OF..............)
9 ) SS.
10 COUNTY OF.............)
11 I, .................... (Name of Judge or other person),
12 ..................... (official title, name, and address),
13 certify that ............., personally known to me to be the
14 same person whose name is subscribed to the foregoing Final
15 and Irrevocable Consent for Adoption by a Specified Person or
16 Persons, appeared before me this day in person and
17 acknowledged that (she)(he) signed and delivered the consent
18 as (her)(his) free and voluntary act, for the specified
19 purpose.
20 I have fully explained that this consent to adoption is
21 valid only if the petition to adopt is filed within one year
22 from the date that it is signed, and that if the specified
23 person or persons, for any reason, cannot or will not adopt
24 the child or if the adoption petition is denied, then this
25 consent will be void. I have fully explained that if the
26 specified person or persons adopt the child, by signing this
27 consent (she)(he) is irrevocably and permanently
28 relinquishing all parental rights to the child, and (she)(he)
29 has stated that such is (her)(his) intention and desire.
30 Dated ............., ........
31 ...............................
32 Signature
33 (5) If a consent to adoption by a specified person or
34 persons is executed in this form, the following provisions
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1 shall apply. The consent shall be valid only if that
2 specified person or persons adopt the child. The consent
3 shall be void if:
4 (a) the specified person or persons do not file a
5 petition to adopt the child within one year after the
6 consent is signed; or
7 (b) a court denies the adoption petition; or
8 (c) the Department of Children and Family Services
9 Guardianship Administrator determines that the specified
10 person or persons will not or cannot complete the
11 adoption, or in the best interests of the child should
12 not adopt the child.
13 Within 30 days of the consent becoming void, the
14 Department of Children and Family Services Guardianship
15 Administrator shall make good faith attempts to notify the
16 parent in writing and shall give written notice to the court
17 and all additional parties in writing that the adoption has
18 not occurred or will not occur and that the consent is void.
19 If the adoption by a specified person or persons does not
20 occur, no proceeding for termination of parental rights shall
21 be brought unless the biological parent who executed the
22 consent to adoption by a specified person or persons has been
23 notified of the proceeding pursuant to Section 7 of this Act
24 or subsection (4) of Section 2-13 of the Juvenile Court Act
25 of 1987. The parent shall not need to take further action to
26 revoke the consent if the specified adoption does not occur,
27 notwithstanding the provisions of Section 11 of this Act.
28 (6) The Department of Children and Family Services is
29 authorized to promulgate rules necessary to implement this
30 subsection O.
31 (7) The Department shall collect and maintain data
32 concerning the efficacy of specific consents. This data
33 shall include the number of specific consents executed and
34 their outcomes, including but not limited to the number of
35 children adopted pursuant to the consents, the number of
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1 children for whom adoptions are not completed, and the reason
2 or reasons why the adoptions are not completed.
3 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
4 P.A. 90-443); revised 12-18-97.)
5 (750 ILCS 50/15.1) (from Ch. 40, par. 1519.1)
6 Sec. 15.1. (a) Any person over the age of 18, who has
7 cared for a child for a continuous period of one year or more
8 as a foster parent licensed under the Child Care Act of 1969
9 to operate a foster family home, may apply to the child's
10 guardian with the power to consent to adoption, for such
11 guardian's consent.
12 (b) Such guardian shall give preference and first
13 consideration to that application over all other applications
14 for adoption of the child but the guardian's final decision
15 shall be based on the welfare and best interest of the child.
16 In arriving at this decision, the guardian shall consider all
17 relevant factors including but not limited to:
18 (1) the wishes of the child;
19 (2) the interaction and interrelationship of the
20 child with the applicant to adopt the child;
21 (3) the child's need for stability and continuity
22 of relationship with parent figures;
23 (4) the wishes of the child's parent as expressed
24 in writing prior to that parent's execution of a consent
25 or surrender for adoption;
26 (5) the child's adjustment to his present home,
27 school and community;
28 (6) the mental and physical health of all
29 individuals involved;
30 (7) the family ties between the child and the
31 applicant to adopt the child and the value of preserving
32 family ties between the child and the child's relatives,
33 including siblings;
34 (8) the background, race, ethnic heritage,
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1 behavior, age and living arrangements of the applicant to
2 adopt the child;
3 (9) the criminal background check report presented
4 to the court as part of the investigation required under
5 Section 6 of this Act.
6 (c) The final determination of the propriety of the
7 adoption shall be within the sole discretion of the court,
8 which shall base its decision on the welfare and best
9 interest of the child. In arriving at this decision, the
10 court shall consider all relevant factors including but not
11 limited to the factors in subsection (b).
12 (d) If the court specifically finds that the guardian
13 has abused his discretion by withholding consent to an
14 adoption in violation of the child's welfare and best
15 interests, then the court may grant an adoption, after all of
16 the other provisions of this Act have been complied with,
17 with or without the consent of the guardian with power to
18 consent to adoption. If the court specifically finds that
19 the guardian has abused his discretion by granting consent to
20 an adoption in violation of the child's welfare and best
21 interests, then the court may deny an adoption even though
22 the guardian with power to consent to adoption has consented
23 to it.
24 (Source: P.A. 87-1129.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.".
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1 Submitted on , 1998.
2 ______________________________ _____________________________
3 Senator Representative
4 ______________________________ _____________________________
5 Senator Representative
6 ______________________________ _____________________________
7 Senator Representative
8 ______________________________ _____________________________
9 Senator Representative
10 ______________________________ _____________________________
11 Senator Representative
12 Committee for the Senate Committee for the House