State of Illinois
90th General Assembly
Legislation

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90_SB1339enr

      325 ILCS 5/1              from Ch. 23, par. 2051
          Amends the Abused  and  Neglected  Child  Reporting  Act.
      Makes  a stylistic change in provisions regarding how the Act
      is to be cited.
                                                     LRB9011267SMpk
SB1339 Enrolled                                LRB9011267SMpk
 1        AN ACT regarding children, amending named Acts.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.  The  Children  and  Family  Services  Act is
 5    amended by changing Sections  5,  7,  and  8  and  by  adding
 6    Section 5c as follows:
 7        (20 ILCS 505/5) (from Ch. 23, par. 5005)
 8        Sec.  5.  Direct  child  welfare  services; Department of
 9    Children and Family Services. To provide direct child welfare
10    services when not available through other public  or  private
11    child care or program facilities.
12        (a)  For purposes of this Section:
13             (1)  "Children" means persons found within the State
14        who  are  under  the  age  of  18  years.   The term also
15        includes persons under age 19 who:
16                  (A)  were committed to the Department  pursuant
17             to  the Juvenile Court Act or the Juvenile Court Act
18             of 1987, as amended, prior to the age of 18 and  who
19             continue under the jurisdiction of the court; or
20                  (B)  were   accepted   for  care,  service  and
21             training by the Department prior to the  age  of  18
22             and  whose  best  interest  in the discretion of the
23             Department would be served by continuing that  care,
24             service  and  training  because  of severe emotional
25             disturbances, physical disability, social adjustment
26             or any combination thereof, or because of  the  need
27             to  complete  an  educational or vocational training
28             program.
29             (2)  "Homeless youth" means persons found within the
30        State who are under the age of 19, are not in a safe  and
31        stable living situation and cannot be reunited with their
SB1339 Enrolled            -2-                 LRB9011267SMpk
 1        families.
 2             (3)  "Child  welfare  services"  means public social
 3        services which are directed toward the accomplishment  of
 4        the following purposes:
 5                  (A)  protecting   and   promoting  the  health,
 6             safety and welfare of children, including  homeless,
 7             dependent or neglected children;
 8                  (B)  remedying, or assisting in the solution of
 9             problems  which  may  result in, the neglect, abuse,
10             exploitation or delinquency of children;
11                  (C)  preventing the unnecessary  separation  of
12             children  from  their families by identifying family
13             problems,  assisting  families  in  resolving  their
14             problems, and preventing the breakup of  the  family
15             where  the  prevention of child removal is desirable
16             and possible when the child can be cared for at home
17             without endangering the child's health and safety;
18                  (D)  restoring to their families  children  who
19             have  been  removed, by the provision of services to
20             the child and the families when  the  child  can  be
21             cared  for  at  home without endangering the child's
22             health and safety;
23                  (E)  placing  children  in  suitable   adoptive
24             homes,  in cases where restoration to the biological
25             family is not safe, possible or appropriate;
26                  (F)  assuring  safe  and   adequate   care   of
27             children  away  from their homes, in cases where the
28             child cannot be returned home or  cannot  be  placed
29             for   adoption.   At  the  time  of  placement,  the
30             Department shall consider  concurrent  planning,  as
31             described  in  subsection  (l-1)  of this Section so
32             that  permanency   may   occur   at   the   earliest
33             opportunity.   Consideration should be given so that
34             if reunification fails or is delayed, the  placement
SB1339 Enrolled            -3-                 LRB9011267SMpk
 1             made  is  the  best  available  placement to provide
 2             permanency for the child;
 3                  (G)  (blank);
 4                  (H)  (blank); and
 5                  (I)  placing  and   maintaining   children   in
 6             facilities that provide separate living quarters for
 7             children  under  the  age  of 18 and for children 18
 8             years of age and older, unless a child 18  years  of
 9             age  is in the last year of high school education or
10             vocational training, in an  approved  individual  or
11             group  treatment  program,  or in a licensed shelter
12             facility,  or  secure  child  care   facility.   The
13             Department  is  not  required  to  place or maintain
14             children:
15                       (i)  who are in a foster home, or
16                       (ii)  who are persons with a developmental
17                  disability, as defined in the Mental Health and
18                  Developmental Disabilities Code, or
19                       (iii)  who are  female  children  who  are
20                  pregnant,  pregnant and parenting or parenting,
21                  or
22                       (iv)  who are siblings,
23             in facilities that provide separate living  quarters
24             for  children  18  years  of  age  and older and for
25             children under 18 years of age.
26        (b)  Nothing  in  this  Section  shall  be  construed  to
27    authorize the expenditure of public funds for the purpose  of
28    performing abortions.
29        (c)  The   Department   shall   establish   and  maintain
30    tax-supported child welfare services and extend and  seek  to
31    improve  voluntary  services throughout the State, to the end
32    that services and care shall be available on an  equal  basis
33    throughout the State to children requiring such services.
34        (d)  The Director may authorize advance disbursements for
SB1339 Enrolled            -4-                 LRB9011267SMpk
 1    any new program initiative to any agency contracting with the
 2    Department.   As a prerequisite for an advance  disbursement,
 3    the  contractor  must post a surety bond in the amount of the
 4    advance disbursement and have a purchase of service  contract
 5    approved  by  the Department.  The Department may pay up to 2
 6    months operational expenses in advance.  The  amount  of  the
 7    advance  disbursement  shall be prorated over the life of the
 8    contract  or  the  remaining  months  of  the  fiscal   year,
 9    whichever  is  less, and the installment amount shall then be
10    deducted   from   future   bills.     Advance    disbursement
11    authorizations  for  new initiatives shall not be made to any
12    agency after that agency has operated  during  2  consecutive
13    fiscal  years.  The  requirements  of this Section concerning
14    advance disbursements shall not apply  with  respect  to  the
15    following:   payments  to local public agencies for child day
16    care services as authorized by Section 5a of  this  Act;  and
17    youth  service  programs  receiving grant funds under Section
18    17a-4.
19        (e)  (Blank).
20        (f)  (Blank).
21        (g)  The Department shall establish rules and regulations
22    concerning its operation of programs  designed  to  meet  the
23    goals  of  child  safety and protection, family preservation,
24    family reunification, and adoption, including but not limited
25    to:
26             (1)  adoption;
27             (2)  foster care;
28             (3)  family counseling;
29             (4)  protective services;
30             (5)  (blank);
31             (6)  homemaker service;
32             (7)  return of runaway children;
33             (8)  (blank);
34             (9)  placement under Section  5-7  of  the  Juvenile
SB1339 Enrolled            -5-                 LRB9011267SMpk
 1        Court  Act  or  Section  2-27,  3-28, 4-25 or 5-29 of the
 2        Juvenile Court Act of 1987 in accordance with the federal
 3        Adoption Assistance and Child Welfare Act of 1980; and
 4             (10)  interstate services.
 5        Rules and regulations established by the Department shall
 6    include provisions for  training  Department  staff  and  the
 7    staff  of  Department  grantees, through contracts with other
 8    agencies or resources, in alcohol and  drug  abuse  screening
 9    techniques  to  identify  children  and  adults who should be
10    referred to an alcohol and drug abuse treatment  program  for
11    professional evaluation.
12        (h)  If the Department finds that there is no appropriate
13    program or facility within or available to the Department for
14    a  ward and that no licensed private facility has an adequate
15    and appropriate program or none agrees to  accept  the  ward,
16    the  Department  shall  create an appropriate individualized,
17    program-oriented  plan  for  such  ward.   The  plan  may  be
18    developed  within  the  Department  or  through  purchase  of
19    services by the Department to the extent that  it  is  within
20    its statutory authority to do.
21        (i)  Service  programs  shall be available throughout the
22    State and shall include but not be limited to  the  following
23    services:
24             (1)  case management;
25             (2)  homemakers;
26             (3)  counseling;
27             (4)  parent education;
28             (5)  day care; and
29             (6)  emergency assistance and advocacy.
30        In addition, the following services may be made available
31    to assess and meet the needs of children and families:
32             (1)  comprehensive family-based services;
33             (2)  assessments;
34             (3)  respite care; and
SB1339 Enrolled            -6-                 LRB9011267SMpk
 1             (4)  in-home health services.
 2        The  Department  shall  provide transportation for any of
 3    the services it makes available to children  or  families  or
 4    for which it refers children or families.
 5        (j)  The  Department  may provide categories of financial
 6    assistance  and  education  assistance  grants,   and   shall
 7    establish rules and regulations concerning the assistance and
 8    grants,   to   persons   who  adopt  physically  or  mentally
 9    handicapped, older and other hard-to-place children  who  (i)
10    immediately  prior  to their adoption were legal wards of the
11    Department or (ii) were  determined  eligible  for  financial
12    assistance  with  respect  to a prior adoption and who become
13    available for adoption because the prior  adoption  has  been
14    dissolved  and  the  parental  rights of the adoptive parents
15    have been terminated or because the child's adoptive  parents
16    have  died.  The  Department  may  also provide categories of
17    financial assistance and  education  assistance  grants,  and
18    shall  establish rules and regulations for the assistance and
19    grants, to persons appointed guardian  of  the  person  under
20    Section  5-7 of the Juvenile Court Act or Section 2-27, 3-28,
21    4-25 or 5-29 of the Juvenile Court Act of 1987  for  children
22    who  were  wards  of the Department for 12 months immediately
23    prior to the appointment of the successor  guardian  and  for
24    whom  the  Department  has  set  a  goal  of permanent family
25    placement with a foster family.
26        The amount of assistance may  vary,  depending  upon  the
27    needs  of the child and the adoptive parents, as set forth in
28    the annual assistance agreement.  Special purpose grants  are
29    allowed  where  the  child  requires special service but such
30    costs may not exceed the amounts which similar services would
31    cost the Department if it were to provide or secure  them  as
32    guardian of the child.
33        Any  financial  assistance provided under this subsection
34    is inalienable by assignment,  sale,  execution,  attachment,
SB1339 Enrolled            -7-                 LRB9011267SMpk
 1    garnishment,  or  any other remedy for recovery or collection
 2    of a judgment or debt.
 3        (j-5)  The  Department  shall  not  deny  or  delay   the
 4    placement  of  a  child for adoption if an approved family is
 5    available either outside of the  Department  region  handling
 6    the case, or outside of the State of Illinois.
 7        (k)  The  Department  shall  accept for care and training
 8    any child who has been adjudicated neglected  or  abused,  or
 9    dependent  committed to it pursuant to the Juvenile Court Act
10    or the Juvenile Court Act of 1987.
11        (l)  Before July 1, 2000, the Department may provide, and
12    beginning July 1, 2000, the  Department  shall  offer  family
13    preservation  services,  as  defined  in  Section  8.2 of the
14    Abused and Neglected Child Reporting Act, to  help  families,
15    including adoptive and extended families. Family preservation
16    services  shall  be  offered  (i) to prevent the placement of
17    children in substitute care when the children  can  be  cared
18    for  at  home or in the custody of the person responsible for
19    the children's welfare, (ii) to reunite children  with  their
20    families, or (iii) to maintain an adoptive placement.  Family
21    preservation  services  shall  only  be offered when doing so
22    will not endanger the  children's  health  or  safety.   With
23    respect  to  children  who are in substitute care pursuant to
24    the Juvenile Court Act of 1987, family preservation  services
25    shall   not  be  offered  if  a  goal  other  than  those  of
26    subdivisions (A), (B), or (B-1) of subsection (2) of  Section
27    2-28  of  that  Act has been set provide, family preservation
28    services, as determined to be appropriate and in the  child's
29    best  interests and when the child will be safe and not be in
30    imminent risk of harm, to any family  whose  child  has  been
31    placed  in  substitute  care,  any persons who have adopted a
32    child and require  post-adoption  services,  or  any  persons
33    whose  child  or children are at risk of being placed outside
34    their  home  as  documented  by  an  "indicated"  report   of
SB1339 Enrolled            -8-                 LRB9011267SMpk
 1    suspected  child  abuse or neglect determined pursuant to the
 2    Abused and Neglected Child Reporting  Act.  Nothing  in  this
 3    paragraph  shall  be  construed  to create a private right of
 4    action or claim on  the  part  of  any  individual  or  child
 5    welfare agency.
 6        The  Department  shall notify the child and his family of
 7    the Department's responsibility to offer and  provide  family
 8    preservation services as identified in the service plan.  The
 9    child  and  his family shall be eligible for services as soon
10    as  the  report  is  determined  to  be   "indicated".    The
11    Department  may  offer  services  to any child or family with
12    respect to whom a report of suspected child abuse or  neglect
13    has  been  filed, prior to concluding its investigation under
14    Section 7.12 of the Abused and Neglected Child Reporting Act.
15    However,  the  child's  or  family's  willingness  to  accept
16    services shall not be considered in the  investigation.   The
17    Department  may  also provide services to any child or family
18    who is the subject of any report of suspected child abuse  or
19    neglect  or  may  refer  such  child  or  family  to services
20    available from other agencies in the community, even  if  the
21    report  is  determined  to be unfounded, if the conditions in
22    the child's or family's home are reasonably likely to subject
23    the child or family to  future  reports  of  suspected  child
24    abuse  or  neglect.   Acceptance  of  such  services shall be
25    voluntary.
26        The Department may, at its discretion  except  for  those
27    children  also adjudicated neglected or dependent, accept for
28    care  and  training  any  child  who  has  been   adjudicated
29    addicted,  as  a  truant minor in need of supervision or as a
30    minor  requiring  authoritative   intervention,   under   the
31    Juvenile  Court Act or the Juvenile Court Act of 1987, but no
32    such child shall be committed to the Department by any  court
33    without the approval of the Department.  A minor charged with
34    a  criminal  offense  under  the  Criminal  Code  of  1961 or
SB1339 Enrolled            -9-                 LRB9011267SMpk
 1    adjudicated delinquent shall not be placed in the custody  of
 2    or  committed  to the Department by any court, except a minor
 3    less than 13 years of age committed to the  Department  under
 4    Section 5-23 of the Juvenile Court Act of 1987.
 5        (l-1)  The legislature recognizes that the best interests
 6    of  the  child  require  that the child be placed in the most
 7    permanent  living  arrangement  as  soon  as  is  practically
 8    possible.  To achieve this goal, the legislature directs  the
 9    Department   of  Children  and  Family  Services  to  conduct
10    concurrent planning so  that  permanency  may  occur  at  the
11    earliest  opportunity.   Permanent  living  arrangements  may
12    include  prevention  of placement of a child outside the home
13    of the family when the child can be cared for at home without
14    endangering the child's health or safety; reunification  with
15    the family, when safe and appropriate, if temporary placement
16    is  necessary;  or  movement  of  the  child  toward the most
17    permanent living arrangement and permanent legal status.
18        When determining  reasonable  efforts  to  be  made  with
19    respect  to  a child, as described in this subsection, and in
20    making such reasonable efforts, the child's health and safety
21    shall be the paramount concern.
22        When a child is placed in  foster  care,  the  Department
23    shall  ensure  and document that reasonable efforts were made
24    to prevent or eliminate the need to remove the child from the
25    child's home.  The Department must make reasonable efforts to
26    reunify the family when  temporary  placement  of  the  child
27    occurs  unless  otherwise  required, pursuant to the Juvenile
28    Court Act of 1987 or must request a finding  from  the  court
29    that  reasonable  efforts  are  not  appropriate or have been
30    unsuccessful. At any time  after  the  dispositional  hearing
31    where  the  Department  believes  that  further reunification
32    services would be ineffective, it may request a finding  from
33    the  court that reasonable efforts are no longer appropriate.
34    The  Department  is   not   required   to   provide   further
SB1339 Enrolled            -10-                LRB9011267SMpk
 1    reunification services after such a finding.
 2        A  decision  to place a child in substitute care shall be
 3    made with considerations of the child's health,  safety,  and
 4    best  interests.   At  the  time  of placement, consideration
 5    should also be given so that if  reunification  fails  or  is
 6    delayed,  the  placement made is the best available placement
 7    to provide permanency for the child.
 8        The Department shall adopt  rules  addressing  concurrent
 9    planning  for  reunification  and permanency.  The Department
10    shall  consider  the  following  factors   when   determining
11    appropriateness of concurrent planning:
12             (1)  the likelihood of prompt reunification;
13             (2)  the past history of the family;
14             (3)  the  barriers  to reunification being addressed
15        by the family;
16             (4)  the level of cooperation of the family;
17             (5)  the foster parents' willingness  to  work  with
18        the family to reunite;
19             (6)  the  willingness  and  ability  of  the  foster
20        family   to   provide   an  adoptive  home  or  long-term
21        placement;
22             (7)  the age of the child;
23             (8)  placement of siblings.
24        (m)  The Department may assume temporary custody  of  any
25    child if:
26             (1)  it  has  received  a  written  consent  to such
27        temporary custody signed by the parents of the  child  or
28        by  the parent having custody of the child if the parents
29        are not living together or by the guardian  or  custodian
30        of the child if the child is not in the custody of either
31        parent, or
32             (2)  the  child  is found in the State and neither a
33        parent, guardian  nor  custodian  of  the  child  can  be
34        located.
SB1339 Enrolled            -11-                LRB9011267SMpk
 1    If  the  child  is  found  in  his or her residence without a
 2    parent, guardian, custodian  or  responsible  caretaker,  the
 3    Department  may,  instead  of removing the child and assuming
 4    temporary custody, place an authorized representative of  the
 5    Department  in  that  residence  until such time as a parent,
 6    guardian  or  custodian  enters  the  home  and  expresses  a
 7    willingness and apparent ability to ensure the child's health
 8    and safety and resume permanent charge of the child, or until
 9    a relative enters the home and is willing and able to  ensure
10    the  child's health and safety and assume charge of the child
11    until a parent, guardian or custodian  enters  the  home  and
12    expresses  such willingness and ability to ensure the child's
13    safety and resume permanent charge.  After  a  caretaker  has
14    remained in the home for a period not to exceed 12 hours, the
15    Department  must  follow those procedures outlined in Section
16    2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
17        The Department shall have the authority, responsibilities
18    and duties that a legal custodian of  the  child  would  have
19    pursuant  to  subsection  (9)  of Section 1-3 of the Juvenile
20    Court Act of 1987.  Whenever a child is taken into  temporary
21    custody  pursuant  to  an  investigation under the Abused and
22    Neglected Child Reporting Act, or pursuant to a referral  and
23    acceptance under the Juvenile Court Act of 1987 of a minor in
24    limited   custody,  the  Department,  during  the  period  of
25    temporary custody and before the child is  brought  before  a
26    judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
27    of  the Juvenile Court Act of 1987, shall have the authority,
28    responsibilities and duties that a  legal  custodian  of  the
29    child  would  have under subsection (9) of Section 1-3 of the
30    Juvenile Court Act of 1987.
31        The Department shall ensure that  any  child  taken  into
32    custody  is  scheduled  for  an  appointment  for  a  medical
33    examination.
34        A  parent,  guardian  or  custodian  of  a  child  in the
SB1339 Enrolled            -12-                LRB9011267SMpk
 1    temporary custody of the Department who would have custody of
 2    the child if he were not in  the  temporary  custody  of  the
 3    Department  may  deliver  to  the Department a signed request
 4    that the Department surrender the temporary  custody  of  the
 5    child.  The  Department  may  retain temporary custody of the
 6    child for 10 days after the receipt of  the  request,  during
 7    which  period the Department may cause to be filed a petition
 8    pursuant to the Juvenile Court Act of 1987.  If a petition is
 9    so filed, the Department shall retain  temporary  custody  of
10    the child until the court orders otherwise.  If a petition is
11    not  filed  within  the  10  day  period,  the child shall be
12    surrendered to the custody of the requesting parent, guardian
13    or custodian not later than the  expiration  of  the  10  day
14    period,  at  which  time  the  authority  and  duties  of the
15    Department with respect to the temporary custody of the child
16    shall terminate.
17        (m-1)  The Department may place children under  18  years
18    of  age  in  a  secure  child  care  facility licensed by the
19    Department that cares for children who are in need of  secure
20    living  arrangements for their health, safety, and well-being
21    after a determination is made by the  facility  director  and
22    the  Director  or the Director's designate prior to admission
23    to the facility subject to Section  2-27.1  of  the  Juvenile
24    Court Act of 1987.  This subsection (m-1) does not apply to a
25    child  who is subject to placement in a correctional facility
26    operated pursuant to Section 3-15-2 of the  Unified  Code  of
27    Corrections.
28        (n)  The  Department may place children under 18 years of
29    age in licensed child care facilities when in the opinion  of
30    the   Department,   appropriate   services  aimed  at  family
31    preservation have been unsuccessful  and  cannot  ensure  the
32    child's  health  and  safety  or  are  unavailable  and  such
33    placement  would  be  for  their  best  interest. Payment for
34    board, clothing, care, training and supervision of any  child
SB1339 Enrolled            -13-                LRB9011267SMpk
 1    placed  in  a licensed child care facility may be made by the
 2    Department, by the parents or guardians  of  the  estates  of
 3    those  children, or by both the Department and the parents or
 4    guardians, except that no  payments  shall  be  made  by  the
 5    Department  for  any  child  placed  in a licensed child care
 6    facility for board, clothing, care, training and  supervision
 7    of  such  a  child that exceed the average per capita cost of
 8    maintaining and of caring for a  child  in  institutions  for
 9    dependent  or  neglected children operated by the Department.
10    However, such restriction on payments does not apply in cases
11    where children require specialized  care  and  treatment  for
12    problems    of   severe   emotional   disturbance,   physical
13    disability, social adjustment, or any combination thereof and
14    suitable facilities for the placement of  such  children  are
15    not  available  at  payment  rates within the limitations set
16    forth  in  this  Section.  All  reimbursements  for  services
17    delivered shall  be  absolutely  inalienable  by  assignment,
18    sale, attachment, garnishment or otherwise.
19        (o)  The  Department  shall  establish  an administrative
20    review and appeal  process  for  children  and  families  who
21    request   or   receive   child   welfare  services  from  the
22    Department.  Children who are wards of the Department and are
23    placed by private child welfare agencies, and foster families
24    with whom those children are placed, shall  be  afforded  the
25    same procedural and appeal rights as children and families in
26    the  case of placement by the Department, including the right
27    to an  initial review of a private agency  decision  by  that
28    agency.   The  Department shall insure that any private child
29    welfare agency, which accepts wards  of  the  Department  for
30    placement,  affords  those  rights  to  children  and  foster
31    families.   The  Department  shall  accept for administrative
32    review and an appeal hearing a complaint made by (i) a  child
33    or  foster  family concerning a decision following an initial
34    review  by  a  private  child  welfare  agency  or   (ii)   a
SB1339 Enrolled            -14-                LRB9011267SMpk
 1    prospective  adoptive  parent  who  alleges  a  violation  of
 2    subsection  (j-5)  of  this Section.  An appeal of a decision
 3    concerning a change in the placement  of  a  child  shall  be
 4    conducted in an expedited manner.
 5        (p)  There  is  hereby created the Department of Children
 6    and Family Services Emergency Assistance Fund from which  the
 7    Department   may  provide  special  financial  assistance  to
 8    families which are in economic crisis when such assistance is
 9    not available through other public or private sources and the
10    assistance is deemed necessary to prevent dissolution of  the
11    family  unit or to reunite families which have been separated
12    due  to  child  abuse  and  neglect.   The  Department  shall
13    establish administrative rules specifying  the  criteria  for
14    determining  eligibility  for  and  the  amount and nature of
15    assistance to be provided.  The  Department  may  also  enter
16    into  written  agreements  with  private  and  public  social
17    service  agencies  to provide emergency financial services to
18    families  referred  by  the  Department.  Special   financial
19    assistance  payments  shall  be available to a family no more
20    than once during each fiscal year and the total payments to a
21    family may not exceed $500 during a fiscal year.
22        (q)  The  Department  may  receive  and  use,  in   their
23    entirety,  for  the benefit of children any gift, donation or
24    bequest of money or  other  property  which  is  received  on
25    behalf  of  such children, or any financial benefits to which
26    such children are or may  become  entitled  while  under  the
27    jurisdiction or care of the Department.
28        The  Department  shall  set  up  and  administer no-cost,
29    interest-bearing savings accounts  in  appropriate  financial
30    institutions  ("individual  accounts")  for children for whom
31    the Department is  legally  responsible  and  who  have  been
32    determined  eligible  for Veterans' Benefits, Social Security
33    benefits, assistance allotments from the armed forces,  court
34    ordered  payments,  parental voluntary payments, Supplemental
SB1339 Enrolled            -15-                LRB9011267SMpk
 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
SB1339 Enrolled            -16-                LRB9011267SMpk
 1    adoption of a hard-to-place  or  handicapped  child  and  the
 2    names of such children who have not been placed for adoption.
 3    A list of such names and addresses shall be maintained by the
 4    Department  or  its agent, and coded lists which maintain the
 5    confidentiality of the person seeking to adopt the child  and
 6    of  the  child  shall  be  made available, without charge, to
 7    every adoption agency in the State to assist the agencies  in
 8    placing  such  children  for  adoption.  The  Department  may
 9    delegate  to an agent its duty to maintain and make available
10    such lists.  The Department  shall  ensure  that  such  agent
11    maintains  the confidentiality of the person seeking to adopt
12    the child and of the child.
13        (s)  The Department of Children and Family  Services  may
14    establish and implement a program to reimburse Department and
15    private  child  welfare agency foster parents licensed by the
16    Department  of  Children  and  Family  Services  for  damages
17    sustained by the foster parents as a result of the  malicious
18    or  negligent  acts  of foster children, as well as providing
19    third party coverage for such foster parents with  regard  to
20    actions  of  foster  children  to  other  individuals.   Such
21    coverage  will  be  secondary  to the foster parent liability
22    insurance policy, if applicable.  The program shall be funded
23    through  appropriations  from  the  General   Revenue   Fund,
24    specifically designated for such purposes.
25        (t)  The   Department  shall  perform  home  studies  and
26    investigations and shall exercise supervision over visitation
27    as ordered by a court pursuant to the Illinois  Marriage  and
28    Dissolution of Marriage Act or the Adoption Act only if:
29             (1)  an   order   entered   by   an  Illinois  court
30        specifically  directs  the  Department  to  perform  such
31        services; and
32             (2)  the court  has  ordered  one  or  both  of  the
33        parties to the proceeding to reimburse the Department for
34        its  reasonable  costs  for  providing  such  services in
SB1339 Enrolled            -17-                LRB9011267SMpk
 1        accordance with Department rules, or has determined  that
 2        neither party is financially able to pay.
 3        The  Department shall provide written notification to the
 4    court of the specific arrangements for supervised  visitation
 5    and  projected  monthly  costs  within  60  days of the court
 6    order. The Department shall send  to  the  court  information
 7    related to the costs incurred except in cases where the court
 8    has determined the parties are financially unable to pay. The
 9    court may order additional periodic reports as appropriate.
10        (u)  Whenever the Department places a child in a licensed
11    foster  home,  group  home,  child  care institution, or in a
12    relative home, the Department shall provide to the caretaker:
13             (1)  available detailed information  concerning  the
14        child's   educational   and  health  history,  copies  of
15        immunization records  (including  insurance  and  medical
16        card  information),  a  history  of  the child's previous
17        placements, if any, and  reasons  for  placement  changes
18        excluding  any information that identifies or reveals the
19        location of any previous caretaker;
20             (2)  a copy of the child's  portion  of  the  client
21        service  plan,  including any visitation arrangement, and
22        all amendments or revisions  to  it  as  related  to  the
23        child; and
24             (3)  information  containing  details of the child's
25        individualized  educational  plan  when  the   child   is
26        receiving special education services.
27        The  caretaker  shall  be informed of any known social or
28    behavioral  information  (including,  but  not  limited   to,
29    criminal  background,  fire  setting,  perpetuation of sexual
30    abuse, destructive behavior, and substance  abuse)  necessary
31    to care for and safeguard the child.
32        (u-5)  Effective   July   1,   1995,   only  foster  care
33    placements licensed as foster family homes  pursuant  to  the
34    Child  Care  Act  of 1969 shall be eligible to receive foster
SB1339 Enrolled            -18-                LRB9011267SMpk
 1    care payments from the Department. Relative  caregivers  who,
 2    as  of  July  1,  1995,  were  approved  pursuant to approved
 3    relative  placement  rules  previously  promulgated  by   the
 4    Department  at  89  Ill.  Adm.  Code 335 and had submitted an
 5    application  for  licensure  as  a  foster  family  home  may
 6    continue to receive  foster  care  payments  only  until  the
 7    Department  determines  that they may be licensed as a foster
 8    family home or that their application for licensure is denied
 9    or until September 30, 1995, whichever occurs first.
10        (v)  The Department shall access criminal history  record
11    information  as  defined  in  the Illinois Uniform Conviction
12    Information   Act   and   information   maintained   in   the
13    adjudicatory and dispositional record system  as  defined  in
14    subdivision  (A)19 of Section 55a of the Civil Administrative
15    Code of Illinois if the Department determines the information
16    is necessary to perform  its  duties  under  the  Abused  and
17    Neglected  Child  Reporting  Act, the Child Care Act of 1969,
18    and the Children and Family  Services  Act.   The  Department
19    shall  provide for interactive computerized communication and
20    processing   equipment   that    permits    direct    on-line
21    communication  with  the Department of State Police's central
22    criminal  history  data  repository.   The  Department  shall
23    comply  with  all  certification  requirements  and   provide
24    certified  operators  who have been trained by personnel from
25    the Department of State Police.  In addition, one  Office  of
26    the Inspector General investigator shall have training in the
27    use  of  the  criminal  history information access system and
28    have access to the terminal.  The Department of Children  and
29    Family  Services  and  its employees shall abide by rules and
30    regulations established by the  Department  of  State  Police
31    relating to the access and dissemination of this information.
32        (w)  Within  120  days  of August 20, 1995 (the effective
33    date of Public Act 89-392), the Department shall prepare  and
34    submit  to  the  Governor and the General Assembly, a written
SB1339 Enrolled            -19-                LRB9011267SMpk
 1    plan for the development of in-state  licensed  secure  child
 2    care  facilities  that  care  for children who are in need of
 3    secure living arrangements  for  their  health,  safety,  and
 4    well-being.   For  purposes  of  this subsection, secure care
 5    facility shall mean a facility that is designed and  operated
 6    to  ensure  that all entrances and exits from the facility, a
 7    building or a distinct part of the building,  are  under  the
 8    exclusive  control  of  the staff of the facility, whether or
 9    not  the  child  has  the  freedom  of  movement  within  the
10    perimeter of the facility, building, or distinct part of  the
11    building.   The  plan shall include descriptions of the types
12    of facilities that  are  needed  in  Illinois;  the  cost  of
13    developing these secure care facilities; the estimated number
14    of  placements; the potential cost savings resulting from the
15    movement of children currently out-of-state who are projected
16    to  be  returned  to  Illinois;  the   necessary   geographic
17    distribution  of these facilities in Illinois; and a proposed
18    timetable for development of such facilities.
19    (Source: P.A.  89-21,  eff.  6-6-95;  89-392,  eff.  8-20-95;
20    89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
21    90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff.  1-1-98;
22    revised 10-20-97.)
23        (20 ILCS 505/5c new)
24        Sec.  5c.  Direct child welfare service employee license.
25    By January 1, 2000,  the  Department,  in  consultation  with
26    private child welfare agencies, shall develop and implement a
27    direct child welfare service employee license.  By January 1,
28    2001  all  child protective investigators and supervisors and
29    child welfare specialists and  supervisors  employed  by  the
30    Department   or   its   contractors   shall  be  required  to
31    demonstrate sufficient knowledge and  skills  to  obtain  and
32    maintain   the   license.   The  Department  shall  have  the
33    authority to revoke or suspend  the  license  of  anyone  who
SB1339 Enrolled            -20-                LRB9011267SMpk
 1    after  a  hearing  is found to be guilty of misfeasance.  The
 2    Department  shall  promulgate  such  rules  as  necessary  to
 3    implement this Section.
 4        On or before January 1, 2000, and every year  thereafter,
 5    the  Department  shall submit an annual report to the General
 6    Assembly on the implementation of this Section.
 7        (20 ILCS 505/7) (from Ch. 23, par. 5007)
 8        Sec. 7.  Placement of children; considerations.
 9        (a)  In placing any child under this Act, the  Department
10    shall  place  such child, as far as possible, in the care and
11    custody of some individual holding the same religious  belief
12    as the parents of the child, or with some child care facility
13    which  is  operated by persons of like religious faith as the
14    parents of such child.
15        (b)  In placing a child under this  Act,  the  Department
16    may  place  a  child  with  a  relative if the Department has
17    reason  to  believe  that  the  relative  will  be  able   to
18    adequately  provide  for  the child's safety and welfare. The
19    Department may not place a child with a  relative,  with  the
20    exception  of  certain  circumstances  which may be waived as
21    defined by the Department in rules, if the results of a check
22    of the Law Enforcement Agency Data System (LEADS)  identifies
23    a  prior  criminal  conviction  of  the relative or any adult
24    member of the relative's household for any of  the  following
25    offenses under the Criminal Code of 1961:
26             (1)  murder;
27             (1.1)  solicitation of murder;
28             (1.2)  solicitation of murder for hire;
29             (1.3)  intentional homicide of an unborn child;
30             (1.4)  voluntary manslaughter of an unborn child;
31             (1.5)  involuntary manslaughter;
32             (1.6)  reckless homicide;
33             (1.7)  concealment of a homicidal death;
SB1339 Enrolled            -21-                LRB9011267SMpk
 1             (1.8)  involuntary manslaughter of an unborn child;
 2             (1.9)  reckless homicide of an unborn child;
 3             (1.10)  drug-induced homicide;
 4             (2)  a sex offense under Article 11, except offenses
 5        described in Sections 11-7, 11-8, 11-12, and 11-13;
 6             (3)  kidnapping;
 7             (3.1)  aggravated unlawful restraint;
 8             (3.2)  forcible detention;
 9             (3.3)  aiding and abetting child abduction;
10             (4)  aggravated kidnapping;
11             (5)  child abduction;
12             (6)  aggravated battery of a child;
13             (7)  criminal sexual assault;
14             (8)  aggravated criminal sexual assault;
15             (8.1)  predatory criminal sexual assault of a child;
16             (9)  criminal sexual abuse;
17             (10)  aggravated sexual abuse;
18             (11)  heinous battery;
19             (12)  aggravated battery with a firearm;
20             (13)  tampering with food, drugs, or cosmetics;
21             (14)  drug-induced infliction of great bodily harm;
22             (15)  aggravated stalking;
23             (16)  home invasion;
24             (17)  vehicular invasion;
25             (18)  criminal transmission of HIV;
26             (19)  criminal  neglect  of  an  elderly or disabled
27        person;
28             (20)  child abandonment;
29             (21)  endangering the life or health of a child;
30             (22)  ritual mutilation;
31             (23)  ritualized abuse of a child;
32             (24)  an offense in any other state the elements  of
33        which  are similar and bear a substantial relationship to
34        any of the foregoing offenses.
SB1339 Enrolled            -22-                LRB9011267SMpk
 1    For the purpose of this subsection, "relative" shall  include
 2    any  person,  21 years of age or over, other than the parent,
 3    who (i) is currently related to  the  child  in  any  of  the
 4    following  ways  by  blood or adoption: grandparent, sibling,
 5    great-grandparent, uncle, aunt, nephew, niece, first  cousin,
 6    great-uncle,  or  great-aunt; or (ii) is the spouse of such a
 7    relative; or (iii) is the child's  step-father,  step-mother,
 8    or   adult   step-brother  or  step-sister;  "relative"  also
 9    includes a person related in any of the foregoing ways  to  a
10    sibling  of a child, even though the person is not related to
11    the child, when the child and its sibling are placed together
12    with that person.  A relative with whom  a  child  is  placed
13    pursuant  to  this  subsection  may,  but is not required to,
14    apply for licensure as a foster family home pursuant  to  the
15    Child Care Act of 1969; provided, however, that as of July 1,
16    1995,  foster  care  payments  shall be made only to licensed
17    foster family homes pursuant to the terms  of  Section  5  of
18    this Act.
19        (c)  In  placing  a  child under this Act, the Department
20    shall ensure  that  the  child's  health,  safety,  and  best
21    interests  are  met by giving due, not sole, consideration to
22    the child's race or ethnic heritage in making a family foster
23    care placement. The Department shall consider the  individual
24    needs cultural, ethnic, or racial background of the child and
25    the capacity of the prospective foster or adoptive parents to
26    meet  the  needs  of  a  child of this background as one of a
27    number of factors used to determine the best interests of the
28    child.  The Department shall make  special  efforts  for  the
29    diligent   recruitment   of  potential  foster  and  adoptive
30    families that reflect the ethnic and racial diversity of  the
31    children  for  whom  foster  and  adoptive  homes are needed.
32    "Special efforts" shall include contacting and  working  with
33    community  organizations  and religious organizations and may
34    include contracting with those organizations, utilizing local
SB1339 Enrolled            -23-                LRB9011267SMpk
 1    media and other  local  resources,  and  conducting  outreach
 2    activities.
 3        (c-1)  At  the  time  of  placement, the Department shall
 4    consider concurrent  planning,  as  described  in  subsection
 5    (l-1)  of  Section  5,  so  that  permanency may occur at the
 6    earliest opportunity.  Consideration should be given so  that
 7    if  reunification  fails or is delayed, the placement made is
 8    the best available placement to provide  permanency  for  the
 9    child.
10        (d)  The  Department  may accept gifts, grants, offers of
11    services, and other contributions to use  in  making  special
12    recruitment efforts.
13        (e)  The  Department  in  placing children in adoptive or
14    foster care homes may not, in any policy or practice relating
15    to the placement of children for  adoption  or  foster  care,
16    discriminate  against  any  child  or prospective adoptive or
17    foster parent on the basis of race.
18    (Source:  P.A.  89-21,  eff.  7-1-95;  89-422;  89-428,  eff.
19    12-13-95; 89-462, eff. 5-29-96; 89-626, eff.  8-9-96;  90-27,
20    eff. 1-1-98; 90-28, eff. 1-1-98.)
21        (20 ILCS 505/8) (from Ch. 23, par. 5008)
22        Sec.  8.  Scholarships  and  fee  waivers.  Each year the
23    Department may select from among the children under care,  or
24    children  formerly under care who have been adopted or are in
25    the subsidized guardianship  program,  a  maximum  of  48  24
26    students, (at least 4 of whom shall be children of veterans),
27    who have completed 4 years in an accredited high school;  the
28    children  selected who shall be eligible for scholarships and
29    fee waivers which will entitle them to 4 consecutive years of
30    community  college,   university,   or   college   education.
31    Selection  shall  be  made on the basis of scholastic record,
32    aptitude, and  general  interest  in  higher  education.   In
33    accordance  with  this  Act,  tuition  scholarships  and  fee
SB1339 Enrolled            -24-                LRB9011267SMpk
 1    waivers shall be available to such students at any university
 2    or   college  maintained  by  the  State  of  Illinois.   The
 3    Department shall provide  maintenance  and  school  expenses,
 4    except  tuition  and  fees,  during  the  academic  years  to
 5    supplement  the students' earnings or other resources so long
 6    as they consistently maintain scholastic  records  which  are
 7    acceptable  to their schools and to the Department.  Students
 8    may attend other colleges and universities,  if  scholarships
 9    are   awarded   them,  and  receive  the  same  benefits  for
10    maintenance and other expenses as  those  students  attending
11    any  Illinois State community college, university, or college
12    under this Section.
13    (Source: P.A. 84-168.)
14        Section 10.  The Child Death Review Team Act  is  amended
15    by changing Section 20 as follows:
16        (20 ILCS 515/20)
17        Sec. 20.  Reviews of child deaths.
18        (a)  Every  child  death shall be reviewed by the team in
19    the   subregion   which   has   primary    case    management
20    responsibility.   The  deceased  child  must  be  one  of the
21    following:
22             (1)  A ward of the Department.
23             (2)  The subject of an open service case  maintained
24        by the Department.
25             (3)  The subject of a pending child abuse or neglect
26        investigation.
27             (4)  A  child  who  was  the  subject of an abuse or
28        neglect investigation at any time during  the  12  months
29        preceding the child's death.
30             (5)  Any  other child whose death is reported to the
31        State central register as a result of alleged child abuse
32        or neglect which report is subsequently indicated.
SB1339 Enrolled            -25-                LRB9011267SMpk
 1        A child death review team may, at its discretion,  review
 2    other sudden, unexpected, or unexplained child deaths.
 3        (b)  A  child  death  review team's purpose in conducting
 4    reviews of child deaths is to do the following:
 5             (1)  Assist in determining the cause and  manner  of
 6        the child's death, when requested.
 7             (2)  Evaluate  means  by  which the death might have
 8        been prevented.
 9             (3)  Report its findings to appropriate agencies and
10        make recommendations that may help to reduce  the  number
11        of child deaths caused by abuse or neglect.
12             (4)  Promote  continuing education for professionals
13        involved in investigating, treating, and preventing child
14        abuse and neglect as a means of preventing  child  deaths
15        due to abuse or neglect.
16             (5)  Make  specific  recommendations to the Director
17        and the Inspector General of  the  Department  concerning
18        the  prevention  of  child deaths due to abuse or neglect
19        and the  establishment  of  protocols  for  investigating
20        child deaths.
21        (c)  A child death review team shall review a child death
22    as soon as practical and not later than 90 days following the
23    completion  by  the  Department  of  the investigation of the
24    death under the Abused and  Neglected  Child  Reporting  Act.
25    When  there  has been no investigation by the Department, the
26    child death review team shall review a child's  death  within
27    90 days after obtaining the information necessary to complete
28    the  review  from the coroner, pathologist, medical examiner,
29    or law enforcement agency, depending on  the  nature  of  the
30    case.   A child death review team shall meet at least once in
31    each calendar quarter.
32        (d)  The Director shall, within 90 days, review and reply
33    to  recommendations  made  by  a  team  under  item  (5)   of
34    subsection (b).  The Director shall implement recommendations
SB1339 Enrolled            -26-                LRB9011267SMpk
 1    as  feasible  and appropriate and shall respond in writing to
 2    explain  the  implementation  or  nonimplementation  of   the
 3    recommendations.
 4    (Source: P.A. 90-239, eff. 7-28-97.)
 5        Section  15.  The  Hospital  Licensing  Act is amended by
 6    changing Section 9 as follows:
 7        (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
 8        Sec. 9. The Department shall make or  cause  to  be  made
 9    such  inspections  and  investigations as it deems necessary.
10    Information received by the Department through filed reports,
11    inspection, or as otherwise authorized under this  Act  shall
12    not  be  disclosed  publicly  in  such  manner as to identify
13    individuals  or  hospitals,  except  (i)  in   a   proceeding
14    involving  the  denial, suspension, or revocation of a permit
15    to establish a hospital or a proceeding involving the denial,
16    suspension, or revocation of  a  license  to  open,  conduct,
17    operate,  and  maintain a hospital, (ii) to the Department of
18    Children and Family Services in the course of a  child  abuse
19    or  neglect  investigation conducted by that Department or by
20    the  Department  of  Public  Health,  or   (iii)   in   other
21    circumstances  as  may  be approved by the Hospital Licensing
22    Board.
23    (Source: Laws 1965, p. 2350.)
24        Section 17.  The Child Care Act of  1969  is  amended  by
25    changing  Section  4  and  adding  Sections  2.22  and 3.1 as
26    follows:
27        (225 ILCS 10/2.22 new)
28        Sec. 2.22.  "Secure child care facility" means any  child
29    care  facility  licensed  by the Department to provide secure
30    living arrangements for children under 18 years  of  age  who
SB1339 Enrolled            -27-                LRB9011267SMpk
 1    are subject to placement in facilities under the Children and
 2    Family  Services  Act and who are not subject to placement in
 3    facilities  for  whom  standards  are  established   by   the
 4    Department of Corrections under Section 3-15-2 of the Unified
 5    Code of Corrections and which comply with the requirements of
 6    this  Act  and  applicable  rules of the Department and which
 7    shall be consistent with requirements established  for  child
 8    residents  of  mental  health  facilities  under the Juvenile
 9    Court Act of 1987 and the  Mental  Health  and  Developmental
10    Disabilities  Code. "Secure child care facility" also means a
11    facility that is designed and operated  to  ensure  that  all
12    entrances  and  exists  from  the  facility, a building, or a
13    distinct part of the building are under the exclusive control
14    of the staff of the facility, whether or not  the  child  has
15    the freedom of movement within the perimeter of the facility,
16    building, or distinct part of the building.
17        (225 ILCS 10/3.1 new)
18        Sec.  3.1.  Licenses for secure child care facility.  The
19    Department shall establish  standards  for  licensing  secure
20    child  care  facilities which comply with the requirements of
21    this Act, Section 2-27.1 of the Juvenile Court Act  of  1987,
22    applicable    requirements   of   the   Mental   Health   and
23    Developmental Disabilities Code, and applicable rules of  the
24    Department.  On  or  before  January  1, 1999, the Department
25    shall develop rules that set standards and the degree of need
26    for licensed secure facilities.  Within  90  days  after  the
27    effective  date  of this amendatory Act of 1998, the Director
28    shall appoint an advisory committee to assist the  Department
29    in the development of these rules.
30        (225 ILCS 10/4) (from Ch. 23, par. 2214)
31        Sec. 4. License requirement; application; notice.
32        (a)  Any  person,  group of persons or corporation who or
SB1339 Enrolled            -28-                LRB9011267SMpk
 1    which receives children or arranges for care or placement  of
 2    one or more children unrelated to the operator must apply for
 3    a  license  to operate one of the types of facilities defined
 4    in Sections 2.05 through 2.19 and in  Section  2.22  of  this
 5    Act.  Any  relative  who  receives  a  child  or children for
 6    placement by the Department on a full-time  basis  may  apply
 7    for  a  license to operate a foster family home as defined in
 8    Section 2.17 of this Act.
 9        (b)  Application for a license to operate  a  child  care
10    facility  must be made to the Department in the manner and on
11    forms prescribed by it.  An application to operate  a  foster
12    family  home shall include, at a minimum: a completed written
13    form; written authorization by the applicant  and  all  adult
14    members  of  the  applicant's household to conduct a criminal
15    background investigation; medical evidence in the form  of  a
16    medical  report,  on forms prescribed by the Department, that
17    the applicant and all members of the household are free  from
18    communicable  diseases or physical and mental conditions that
19    affect their  ability  to  provide  care  for  the  child  or
20    children;  the  names and addresses of at least 3 persons not
21    related to the applicant who can attest  to  the  applicant's
22    moral  character; and fingerprints submitted by the applicant
23    and all adult members of the applicant's household.
24        (c)  The Department shall notify the public when a  child
25    care institution, maternity center, or group home licensed by
26    the Department undergoes a change in (i) the range of care or
27    services  offered  at  the  facility, (ii) the age or type of
28    children served, or (iii) the area within the  facility  used
29    by  children.  The  Department shall notify the public of the
30    change in a newspaper of general circulation in the county or
31    municipality in which  the  applicant's  facility  is  or  is
32    proposed to be located.
33        (d)  If,   upon   examination   of   the   facility   and
34    investigation  of  persons  responsible for care of children,
SB1339 Enrolled            -29-                LRB9011267SMpk
 1    the Department is satisfied that the facility and responsible
 2    persons reasonably meet standards prescribed for the type  of
 3    facility  for  which  application  is  made, it shall issue a
 4    license in proper form, designating on that license the  type
 5    of  child  care  facility  and,  except  for  a child welfare
 6    agency, the number of children to be served at any one time.
 7    (Source: P.A. 89-21, eff. 7-1-95; 90-90, eff. 7-11-97.)
 8        Section 20.  The Abused and Neglected Child Reporting Act
 9    is amended by changing Sections 7.16 and 8.2 as follows:
10        (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
11        Sec. 7.16.  For any investigation or appeal initiated  on
12    or  after,  or  pending  on  July 1, 1998, the following time
13    frames shall apply. Within 60 days after the notification  of
14    the   completion   of   the  Child  Protective  Service  Unit
15    investigation, determined by the  date  of  the  notification
16    sent by the Department, a subject of a report may request the
17    Department  to  amend  the record or remove the record of the
18    report from the register.  Such request shall be  in  writing
19    and  directed  to such person as the Department designates in
20    the  notification.  If  the   Department   disregards   shall
21    disregard  any  request  not  made  in  such  manner.  If the
22    Department refuses to do so or does  not  act  within  10  30
23    days,  the  subject  shall have the right to a hearing within
24    the Department to determine whether the record of the  report
25    should  be  amended  or  removed  on  the  grounds that it is
26    inaccurate  or  it  is   being   maintained   in   a   manner
27    inconsistent  with  this  Act,  except that there shall be no
28    such right to  a  hearing  on  the  ground  of  the  report's
29    inaccuracy  if  there has been a court finding of child abuse
30    or neglect, the report's accuracy being conclusively presumed
31    on such  finding.   Such  hearing  shall  be  held  within  a
32    reasonable   time  after  the  subject's  request  and  at  a
SB1339 Enrolled            -30-                LRB9011267SMpk
 1    reasonable place and hour.  The appropriate Child  Protective
 2    Service  Unit  shall be given notice of the hearing.  In such
 3    hearings, the burden of proving the accuracy and  consistency
 4    of  the record shall be on the Department and the appropriate
 5    Child Protective Service Unit. The hearing shall be conducted
 6    by the Director or his  designee,  who is  hereby  authorized
 7    and empowered to order the amendment or removal of the record
 8    to  make  it  accurate  and  consistent  with  this  Act. The
 9    decision shall be made, in  writing,  at  the  close  of  the
10    hearing,  or  within  45 30 days thereof, and shall state the
11    reasons upon which it is based.  Decisions of the  Department
12    under  this  Section  are administrative decisions subject to
13    judicial review under the Administrative Review Law.
14        Should the Department grant the request of the subject of
15    the report pursuant to this Section either on  administrative
16    review  or after administrative hearing to amend an indicated
17    report to an unfounded report, the report shall  be  released
18    and  expunged  in  accordance with the standards set forth in
19    Section 7.14 of this Act.
20    (Source: P.A. 90-15, eff. 6-13-97.)
21        (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
22        Sec.  8.2.  If  the   Child   Protective   Service   Unit
23    determines,  following  an  investigation  made  pursuant  to
24    Section 7.4 of this Act, that there is credible evidence that
25    the child is abused or neglected, the Department shall assess
26    the  family's  need for services, and, as necessary, develop,
27    with the family, an appropriate service plan for the family's
28    voluntary acceptance or refusal.  In any case where there  is
29    evidence  that  the perpetrator of the abuse or neglect is an
30    addict or alcoholic as defined in the  Alcoholism  and  Other
31    Drug  Abuse  and  Dependency Act, the Department, when making
32    referrals for drug or alcohol abuse services, shall make such
33    referrals to facilities licensed by the Department  of  Human
SB1339 Enrolled            -31-                LRB9011267SMpk
 1    Services  or the Department of Public Health.  The Department
 2    shall comply with Section 8.1 by explaining its lack of legal
 3    authority to  compel  the  acceptance  of  services  and  may
 4    explain  its  concomitant  authority  to petition the Circuit
 5    court under the Juvenile Court Act of 1987 or refer the  case
 6    to  the  local  law enforcement authority or State's attorney
 7    for criminal prosecution.
 8        For purposes of this Act, the term  "family  preservation
 9    services"  refers to all services to help families, including
10    adoptive and extended families.  Family preservation services
11    shall be offered, where safe and appropriate, to prevent  the
12    placement  of  children  in substitute care when the children
13    can be cared for at home or in  the  custody  of  the  person
14    responsible  for  the  children's welfare without endangering
15    the children's health or safety, to reunite them  with  their
16    families  if  so  placed when reunification is an appropriate
17    goal,  or  to  maintain  an  adoptive  placement.   The  term
18    "homemaker"  includes   emergency   caretakers,   homemakers,
19    caretakers,   housekeepers  and  chore  services.   The  term
20    "counseling" includes individual therapy, infant  stimulation
21    therapy,  family  therapy,  group  therapy, self-help groups,
22    drug and alcohol abuse counseling, vocational counseling  and
23    post-adoptive   services.    The  term  "day  care"  includes
24    protective  day  care  and  day  care  to  meet  educational,
25    prevocational  or  vocational  needs.  The  term   "emergency
26    assistance  and  advocacy"  includes  coordinated services to
27    secure emergency cash, food, housing and  medical  assistance
28    or  advocacy  for  other  subsistence  and  family protective
29    needs.
30        Before July  1,  2000,  appropriate  family  preservation
31    services  shall, subject to appropriation, be included in the
32    service plan if the  Department  has  determined  that  those
33    services  will  ensure  the child's health and safety, are in
34    the child's best interests, and will not place the  child  in
SB1339 Enrolled            -32-                LRB9011267SMpk
 1    imminent  risk  of harm.  Beginning July 1, 2000, appropriate
 2    family preservation services  shall  be  uniformly  available
 3    throughout  the  State.  The Department shall promptly notify
 4    children and families of the Department's  responsibility  to
 5    offer  and provide family preservation services as identified
 6    in the service plan.  Such plans  may  include  but  are  not
 7    limited to: case management services; homemakers; counseling;
 8    parent education; day care; emergency assistance and advocacy
 9    assessments;    respite    care;    in-home    health   care;
10    transportation to obtain  any  of  the  above  services;  and
11    medical  assistance.   Nothing  in  this  paragraph  shall be
12    construed to create a private right of action or claim on the
13    part of any individual or child welfare agency.
14        The Department shall provide a preliminary report to  the
15    General  Assembly no later than January 1, 1991, in regard to
16    the  provision  of  services  authorized  pursuant  to   this
17    Section. The report shall include:
18             (a)  the  number of families and children served, by
19        type of services;
20             (b)  the  outcome  from  the   provision   of   such
21        services, including the number of families which remained
22        intact  at  least  6  months following the termination of
23        services;
24             (c)  the number of families which have been subjects
25        of founded reports of abuse following the termination  of
26        services;
27             (d)  an  analysis of general family circumstances in
28        which family preservation services have  been  determined
29        to be an effective intervention;
30             (e)  information regarding the number of families in
31        need  of  services  but unserved due to budget or program
32        criteria guidelines;
33             (f)  an estimate of the time necessary for  and  the
34        annual cost of statewide implementation of such services;
SB1339 Enrolled            -33-                LRB9011267SMpk
 1             (g)  an  estimate  of  the  length  of  time  before
 2        expansion  of  these  services  will  be  made to include
 3        families with children over the age of 6; and
 4             (h)  recommendations    regarding    any    proposed
 5        legislative changes to this program.
 6        Each Department field office shall maintain  on  a  local
 7    basis  directories  of  services  available  to  children and
 8    families in the local area where  the  Department  office  is
 9    located.
10        The  Department  shall refer children and families served
11    pursuant to this Section to private agencies and governmental
12    agencies, where available.
13        Where  there  are  2  equal   proposals   from   both   a
14    not-for-profit  and  a for-profit agency to provide services,
15    the Department shall give preference to the proposal from the
16    not-for-profit agency.
17        No service plan shall  compel  any  child  or  parent  to
18    engage  in any activity or refrain from any activity which is
19    not reasonably related to remedying a condition or conditions
20    that gave rise or which could give rise  to  any  finding  of
21    child abuse or neglect.
22    (Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14,
23    eff. 7-1-97; 90-28, eff. 1-1-98.)
24        Section 25.  The Vital Records Act is amended by changing
25    Section 8 as follows:
26        (410 ILCS 535/8) (from Ch. 111 1/2, par. 73-8)
27        Sec. 8. Each local registrar shall:
28        (1)  Appoint  one  or more deputies to act for him in his
29    absence or to assist him. Such deputies shall be  subject  to
30    all rules and regulations governing local registrars.
31        (2)  Appoint one or more subregistrars when necessary for
32    the  convenience  of  the  people.  To become effective, such
SB1339 Enrolled            -34-                LRB9011267SMpk
 1    appointments must be approved by the State Registrar of Vital
 2    Records. A subregistrar shall exercise such authority  as  is
 3    given  him  by  the  local  registrar  and  is subject to the
 4    supervision and control  of  the  State  Registrar  of  Vital
 5    Records,  and  shall be liable to the same penalties as local
 6    registrars, as provided in Section 27 of this Act.
 7        (3)  Administer and enforce the provisions  of  this  Act
 8    and   the   instructions,   rules,   and  regulations  issued
 9    hereunder.
10        (4)  Require that certificates be completed and filed  in
11    accordance  with the provisions of this Act and the rules and
12    regulations issued hereunder.
13        (5)  Prepare and transmit monthly  an  accurate  copy  of
14    each  record  of  live  birth,  death, and fetal death to the
15    county clerk of his county. He shall also, in the case  of  a
16    death  of  a  person  who  was  a resident of another county,
17    prepare an additional copy of the death record  and  transmit
18    it to the county clerk of the county in which such person was
19    a  resident.  In  no  case shall the county clerk's copy of a
20    live birth record include  the  section  of  the  certificate
21    which contains information for health and statistical program
22    use only.
23        (6)  (Blank).
24        (7)  Prepare,  file,  and retain for a period of at least
25    10 years in his own office an accurate copy of each record of
26    live birth, death, and fetal death accepted for registration.
27    Only in those instances in which the local registrar is  also
28    a  full  time city, village, incorporated town, public health
29    district, county, or multi-county health  officer  recognized
30    by the Department may the health and statistical data section
31    of the live birth record be made a part of this copy.
32        (8)  Transmit monthly the certificates, reports, or other
33    returns  filed  with  him  to  the  State  Registrar of Vital
34    Records, or more frequently when directed to  do  so  by  the
SB1339 Enrolled            -35-                LRB9011267SMpk
 1    State Registrar of Vital Records.
 2        (8.5)  Transmit  monthly to the State central register of
 3    the Illinois Department of Children  and  Family  Services  a
 4    copy  of  all death certificates of persons under 18 years of
 5    age who have died within the month.
 6        (9)  Maintain  such  records,  make  such  reports,   and
 7    perform  such  other  duties  as may be required by the State
 8    Registrar of Vital Records.
 9    (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
10        Section 30.  The Juvenile Court Act of 1987 is amended by
11    changing Sections 1-2, 1-3,  1-5,  2-13,  2-14,  2-15,  2-16,
12    2-17.1,  2-18,  2-21,  2-22,  2-23, 2-27, 2-28, 2-28.1, 2-29,
13    2-31, and 2-32 and adding Sections 2-13.1, 2-27.1,  and  2-33
14    as follows:
15        (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
16        Sec. 1-2.  Purpose and policy.
17        (1)  The  purpose of this Act is to secure for each minor
18    subject hereto such care and guidance, preferably in  his  or
19    her  own home, as will serve the safety and moral, emotional,
20    mental, and physical  welfare  of  the  minor  and  the  best
21    interests  of  the  community; to preserve and strengthen the
22    minor's family ties whenever possible, removing  him  or  her
23    from  the  custody of his or her parents only when his or her
24    safety or welfare or the protection of the public  cannot  be
25    adequately  safeguarded  without  removal;  if  the  child is
26    removed from the custody of his or her parent, the Department
27    of Children and Family Services  immediately  shall  consider
28    concurrent  planning,  as  described  in  Section  5  of  the
29    Children and Family Services Act so that permanency may occur
30    at the earliest opportunity; consideration should be given so
31    that if reunification fails or is delayed, the placement made
32    is the best available placement to provide permanency for the
SB1339 Enrolled            -36-                LRB9011267SMpk
 1    child;  and,  when  the  minor is removed from his or her own
 2    family, to secure for him or her custody, care and discipline
 3    as nearly as possible equivalent  to  that  which  should  be
 4    given by his or her parents, and in cases where it should and
 5    can  properly  be done to place the minor in a family home so
 6    that he or she may become a member of  the  family  by  legal
 7    adoption  or otherwise.  Provided that a ground for unfitness
 8    under the Adoption Act can be met, it may be  appropriate  to
 9    expedite termination of parental rights:
10             (a)  when  reasonable  efforts are inappropriate, or
11        have been provided and were unsuccessful, and  there  are
12        aggravating  circumstances including, but not limited to,
13        those cases in which (i) the a child or another child  of
14        that  child's  parent  a  sibling  of  the  child was (A)
15        abandoned, (B) tortured, or  (C)  chronically  abused  or
16        (ii)  the  parent  is  criminally  convicted of (A) first
17        degree murder or second degree murder of any  child,  (B)
18        attempt  or  conspiracy  to commit first degree murder or
19        second degree murder of any child,  (C)  solicitation  to
20        commit murder, solicitation to commit murder for hire, or
21        solicitation to commit second degree murder of any child,
22        or aggravated assault in violation of subdivision (a)(13)
23        of   Section  12-2  of  the  Criminal  Code  of  1961  or
24        accountability for the first or second degree  murder  of
25        any  child,  or (D) aggravated criminal sexual assault in
26        violation of Section 12-14(b)(1) of the Criminal Code  of
27        1961; or
28             (b)  when  the  parental  rights  of  a  parent with
29        respect to another child of the parent a sibling  of  the
30        child have been involuntarily terminated; or
31             (c)  in  those  extreme  cases in which the parent's
32        incapacity to  care  for  the  child,  combined  with  an
33        extremely poor prognosis for treatment or rehabilitation,
34        justifies expedited termination of parental rights.
SB1339 Enrolled            -37-                LRB9011267SMpk
 1        (2)  In  all  proceedings  under  this  Act the court may
 2    direct the course thereof so as  promptly  to  ascertain  the
 3    jurisdictional  facts and fully to gather information bearing
 4    upon the current condition  and  future  welfare  of  persons
 5    subject  to  this  Act.  This  Act shall be administered in a
 6    spirit of humane concern, not only  for  the  rights  of  the
 7    parties,   but   also   for  the  fears  and  the  limits  of
 8    understanding of all who appear before the court.
 9        (3)  In all procedures  under  this  Act,  the  following
10    shall apply:
11             (a)  The  procedural  rights  assured  to  the minor
12        shall  be  the  rights  of  adults  unless   specifically
13        precluded  by  laws  which enhance the protection of such
14        minors.
15             (b)  Every child has a right to  services  necessary
16        to  his  or  her safety and proper development, including
17        health, education and social services.
18             (c)  The parents' right  to  the  custody  of  their
19        child shall not prevail when the court determines that it
20        is  contrary to the health, safety, and best interests of
21        the child.
22        (4)  This Act shall be liberally construed to  carry  out
23    the foregoing purpose and policy.
24    (Source:  P.A.  89-704,  eff. 8-16-97 (changed from 1-1-98 by
25    P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
26    eff. 8-16-97.)
27        (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
28        Sec. 1-3. Definitions.  Terms used in  this  Act,  unless
29    the  context  otherwise requires, have the following meanings
30    ascribed to them:
31        (1)  Adjudicatory hearing. "Adjudicatory hearing" means a
32    hearing to determine whether the allegations  of  a  petition
33    under  Section 2-13, 3-15 or 4-12 that a minor under 18 years
SB1339 Enrolled            -38-                LRB9011267SMpk
 1    of  age  is  abused,  neglected  or  dependent,  or  requires
 2    authoritative intervention, or  addicted,  respectively,  are
 3    supported  by  a preponderance of the evidence or whether the
 4    allegations of a petition under Section 5-13 that a minor  is
 5    delinquent are proved beyond a reasonable doubt.
 6        (2)  Adult.  "Adult"  means  a  person 21 years of age or
 7    older.
 8        (3)  Agency. "Agency" means a  public  or  private  child
 9    care  facility  legally  authorized or licensed by this State
10    for placement or institutional care or for both placement and
11    institutional care.
12        (4)  Association. "Association" means  any  organization,
13    public or private, engaged in welfare functions which include
14    services  to  or  on  behalf of children but does not include
15    "agency" as herein defined.
16        (4.05)  Best  Interests.   Whenever  a  "best   interest"
17    determination  is  required,  the  following factors shall be
18    considered  in  the  context   of   the   child's   age   and
19    developmental needs:
20        (a)  the  physical  safety  and  welfare  of  the  child,
21    including food, shelter, health, and clothing;
22        (b)  the development of the child's identity;
23        (c)  the child's background and ties, including familial,
24    racial, cultural, and religious;
25        (d)  the child's sense of attachments, including:
26             (i)  where    the   child   actually   feels   love,
27        attachment, and a sense of being valued  (as  opposed  to
28        where  adults  believe  the  child should feel such love,
29        attachment, and a sense of being valued);
30             (ii)  the child's sense of security;
31             (iii)  the child's sense of familiarity;
32             (iv)  continuity of affection for the child;
33             (v)  the least disruptive placement alternative  for
34        the child;
SB1339 Enrolled            -39-                LRB9011267SMpk
 1        (e)  the child's wishes and long-term goals;
 2        (f)  the   child's   community  ties,  including  church,
 3    school, and friends;
 4        (g)  the child's need for permanence which  includes  the
 5    child's  need  for  stability and continuity of relationships
 6    with parent figures and with  siblings  and  other  relatives
 7    permanence for the child;
 8        (h)  the uniqueness of every family and child;
 9        (i)  the   risks  attendant  to  entering  and  being  in
10    substitute care; and
11        (j)  the preferences of the persons available to care for
12    the child.
13        (4.1)  Chronic truant.  "Chronic truant" shall  have  the
14    definition  ascribed  to  it  in  Section 26-2a of the School
15    Code.
16        (5)  Court. "Court" means the circuit court in a  session
17    or division assigned to hear proceedings under this Act.
18        (6)  Dispositional hearing. "Dispositional hearing" means
19    a  hearing to determine whether a minor should be adjudged to
20    be a ward of the  court,  and  to  determine  what  order  of
21    disposition  should be made in respect to a minor adjudged to
22    be a ward of the court.
23        (7)  Emancipated minor.  "Emancipated  minor"  means  any
24    minor  16  years  of  age  or over who has been completely or
25    partially  emancipated  under  the  "Emancipation  of  Mature
26    Minors Act", enacted by the Eighty-First General Assembly, or
27    under this Act.
28        (8)  Guardianship of the  person.  "Guardianship  of  the
29    person" of a minor means the duty and authority to act in the
30    best  interests  of  the  minor, subject to residual parental
31    rights and responsibilities, to make important  decisions  in
32    matters having a permanent effect on the life and development
33    of  the  minor  and  to  be concerned with his or her general
34    welfare. It includes but is not necessarily limited to:
SB1339 Enrolled            -40-                LRB9011267SMpk
 1             (a)  the  authority  to  consent  to  marriage,   to
 2        enlistment  in  the armed forces of the United States, or
 3        to a major medical, psychiatric, and surgical  treatment;
 4        to  represent  the  minor  in  legal actions; and to make
 5        other  decisions  of   substantial   legal   significance
 6        concerning the minor;
 7             (b)  the    authority   and   duty   of   reasonable
 8        visitation, except to the extent  that  these  have  been
 9        limited  in  the  best  interests  of  the minor by court
10        order;
11             (c)  the  rights  and  responsibilities   of   legal
12        custody  except  where  legal  custody has been vested in
13        another person or agency; and
14             (d)  the power to consent to  the  adoption  of  the
15        minor, but only if expressly conferred on the guardian in
16        accordance with Section 2-29, 3-30, 4-27 or 5-31.
17        (9)  Legal    custody.    "Legal   custody"   means   the
18    relationship created  by  an  order  of  court  in  the  best
19    interests  of  the  minor  which imposes on the custodian the
20    responsibility of physical possession of a minor and the duty
21    to protect, train and discipline him and to provide him  with
22    food, shelter, education and ordinary medical care, except as
23    these   are   limited   by   residual   parental  rights  and
24    responsibilities and the rights and responsibilities  of  the
25    guardian of the person, if any.
26        (10)  Minor.  "Minor"  means a person under the age of 21
27    years subject to this Act.
28        (11)  Parents. "Parent" means the father or mother  of  a
29    child  and  includes any adoptive parent.  It also includes a
30    man (i) the father whose paternity is presumed  or  has  been
31    established  under the law of this or another jurisdiction or
32    (ii) who has registered with the Putative Father Registry  in
33    accordance  with  Section  12.1 of the Adoption Act and whose
34    paternity has not been ruled out under the  law  of  this  or
SB1339 Enrolled            -41-                LRB9011267SMpk
 1    another  jurisdiction.   It  does  not include a parent whose
 2    rights in respect to the minor have been  terminated  in  any
 3    manner provided by law.
 4        (11.1)  "Permanency  goal"  means a goal set by the court
 5    as  defined  in  subdivision  (2)(c)  of  Section   2-28   or
 6    subsection  (c)  of  Section  2-28.01  or  in counties with a
 7    population of 3,000,000 or more, a goal ordered by a judge.
 8        (11.2)  "Permanency hearing" means a hearing to  set  the
 9    permanency   goal   and  to  review  and  determine  (i)  the
10    appropriateness   of   the   permanency   goal,   (ii)    the
11    appropriateness  of  the  services  contained in the plan and
12    whether those services have been provided, (ii) (iii) whether
13    reasonable efforts have been made by all the parties  to  the
14    service  plan to achieve the goal, and (iii) (iv) whether the
15    plan and goal have been achieved.
16        (12)  Petition. "Petition" means  the  petition  provided
17    for  in  Section  2-13,  3-15,  4-12  or  5-13, including any
18    supplemental petitions thereunder in Section  3-15,  4-12  or
19    5-13.
20        (13)  Residual   parental  rights  and  responsibilities.
21    "Residual parental rights and responsibilities"  means  those
22    rights  and  responsibilities remaining with the parent after
23    the transfer of legal custody or guardianship of the  person,
24    including,  but  not  necessarily  limited  to,  the right to
25    reasonable visitation (which may be limited by the  court  in
26    the  best  interests  of  the minor as provided in subsection
27    (8)(b) of this Section), the right to  consent  to  adoption,
28    the right to determine the minor's religious affiliation, and
29    the responsibility for his support.
30        (14)  Shelter.  "Shelter"  means  the temporary care of a
31    minor in physically unrestricting  facilities  pending  court
32    disposition or execution of court order for placement.
33        (15)  Station adjustment.  "Station adjustment" means the
34    informal handling of an alleged offender by a juvenile police
SB1339 Enrolled            -42-                LRB9011267SMpk
 1    officer.
 2        (16)  Ward  of  the  court.  "Ward  of the court" means a
 3    minor who is so adjudged under Section 2-22,  3-23,  4-20  or
 4    5-22,  after a finding of the requisite jurisdictional facts,
 5    and thus is subject to the dispositional powers of the  court
 6    under this Act.
 7        (17)  Juvenile  police officer. "Juvenile police officer"
 8    means a sworn  police  officer  who  has  completed  a  Basic
 9    Recruit Training Course, has been assigned to the position of
10    juvenile  police  officer by his or her chief law enforcement
11    officer and has completed  the  necessary  juvenile  officers
12    training  as  prescribed  by  the  Illinois  Law  Enforcement
13    Training  Standards  Board,  or in the case of a State police
14    officer, juvenile officer training approved by  the  Director
15    of the Department of State Police.
16        (18)  "Secure  child  care facility" means any child care
17    facility licensed by the Department of  Children  and  Family
18    Services  to  provide secure living arrangements for children
19    under 18 years  of  age  who  are  subject  to  placement  in
20    facilities under the Children and Family Services Act and who
21    are not subject to placement in facilities for whom standards
22    are  established  by  the  Department  of  Corrections  under
23    Section  3-15-2  of  the Unified Code of Corrections. "Secure
24    child care facility" also means a facility that  is  designed
25    and operated to ensure that all entrances and exists from the
26    facility,  a building, or a distinct part of the building are
27    under the exclusive control of the  staff  of  the  facility,
28    whether  or  not the child has the freedom of movement within
29    the perimeter of the facility, building, or distinct part  of
30    the building.
31    (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; revised
32    11-12-97.)
33        (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
SB1339 Enrolled            -43-                LRB9011267SMpk
 1        Sec. 1-5.  Rights of parties to proceedings.
 2        (1)  Except as provided in this Section and paragraph (2)
 3    of  Sections  2-22,  3-23, 4-20 or 5-22, the minor who is the
 4    subject of the proceeding and his  parents,  guardian,  legal
 5    custodian  or responsible relative who are parties respondent
 6    have the right  to  be  present,  to  be  heard,  to  present
 7    evidence   material  to  the  proceedings,  to  cross-examine
 8    witnesses, to examine pertinent court files and  records  and
 9    also, although proceedings under this Act are not intended to
10    be  adversary  in  character,  the right to be represented by
11    counsel.  At the request of any party financially  unable  to
12    employ  counsel,  with  the  exception  of  a  foster  parent
13    permitted  to  intervene  under this Section, the court shall
14    appoint the Public Defender or such other counsel as the case
15    may require. Counsel appointed for the minor and any indigent
16    party  shall  appear  at  all  stages  of  the  trial   court
17    proceeding,  and  such appointment shall continue through the
18    permanency  hearings  and  termination  of  parental   rights
19    proceedings subject to withdrawal or substitution pursuant to
20    Supreme Court Rules or the Code of Civil Procedure. Following
21    the  dispositional  hearing,  the court may require appointed
22    counsel, other than counsel for the minor or counsel for  the
23    guardian  ad  litem,  to  withdraw his or her appearance upon
24    failure of the party for whom  counsel  was  appointed  under
25    this Section to attend any subsequent proceedings.
26        No hearing on any petition or motion filed under this Act
27    may  be  commenced unless the minor who is the subject of the
28    proceeding is represented by counsel.  Each adult  respondent
29    shall  be furnished a written "Notice of Rights" at or before
30    the first hearing at which he or she appears.
31        (1.5)  The Department shall maintain a system of response
32    to inquiry made by parents or putative parents as to  whether
33    their  child  is  under  the  custody  or guardianship of the
34    Department; and  if  so,  the  Department  shall  direct  the
SB1339 Enrolled            -44-                LRB9011267SMpk
 1    parents  or  putative  parents  to  the  appropriate court of
 2    jurisdiction, including where inquiry  may  be  made  of  the
 3    clerk  of  the  court  regarding the case number and the next
 4    scheduled court date  of the minor's case.  Effective  notice
 5    and  the means of accessing information shall be given to the
 6    public on a continuing basis by the Department.
 7        (2) (a)  Though not appointed guardian or legal custodian
 8    or otherwise made a party to the proceeding, any  current  or
 9    previously  appointed foster parent or relative caregiver, or
10    representative of an agency or association interested in  the
11    minor  has  the  right to be heard by the court, but does not
12    thereby become a party to the proceeding.
13        In addition to the foregoing right to  be  heard  by  the
14    court,  any  current foster parent or relative caregiver of a
15    minor  and  the  agency  designated  by  the  court  or   the
16    Department  of  Children  and Family Services as custodian of
17    the minor who is alleged to be or  has  been  adjudicated  an
18    abused  or  neglected  minor under Section 2-3 or a dependent
19    minor under Section 2-4 of this Act  has  the  right  to  and
20    shall  be  given adequate notice at all stages of any hearing
21    or proceeding under this Act wherein the custody or status of
22    the minor may  be  changed.   Such  notice  shall  contain  a
23    statement  regarding  the  nature  and  denomination  of  the
24    hearing  or  proceeding  to be held, the change in custody or
25    status of the minor sought to be obtained at such hearing  or
26    proceeding,  and  the date, time and place of such hearing or
27    proceeding.  The Department of Children and  Family  Services
28    or  the  licensed  child  welfare  agency that has placed the
29    minor with the foster parent shall notify the  clerk  of  the
30    court  of  the name and address of the current foster parent.
31    The clerk shall mail the notice by certified mail marked  for
32    delivery  to  addressee only.  The regular return receipt for
33    certified mail is sufficient proof of service.
34        Any foster parent or relative caregiver who is denied his
SB1339 Enrolled            -45-                LRB9011267SMpk
 1    or her right to be heard  under  this  Section  may  bring  a
 2    mandamus  action  under  Article  XIV  of  the  Code of Civil
 3    Procedure against the court or any public agency  to  enforce
 4    that  right.   The mandamus action may be brought immediately
 5    upon the denial of those rights but in no event later than 30
 6    days after the foster parent has been denied the right to  be
 7    heard.
 8        (b)  If  after  an adjudication that a minor is abused or
 9    neglected as provided under Section 2-21 of this  Act  and  a
10    motion  has  been  made  to  restore the minor to any parent,
11    guardian, or legal custodian  found  by  the  court  to  have
12    caused  the  neglect  or  to  have inflicted the abuse on the
13    minor, a foster parent may file a motion to intervene in  the
14    proceeding  for the sole purpose of requesting that the minor
15    be placed with the foster parent, provided  that  the  foster
16    parent  (i) is the current foster parent of the minor or (ii)
17    has previously been a foster parent for  the  minor  for  one
18    year  or more, has a foster care license or is eligible for a
19    license, and is not the subject of any findings of  abuse  or
20    neglect  of  any  child.   The  juvenile court may only enter
21    orders placing a minor with a specific  foster  parent  under
22    this  subsection  (2)(b) and nothing in this Section shall be
23    construed to confer any  jurisdiction  or  authority  on  the
24    juvenile  court  to  issue  any  other  orders  requiring the
25    appointed guardian or custodian of a minor to place the minor
26    in a designated foster home or facility.  This Section is not
27    intended to encompass any matters that are within  the  scope
28    or  determinable  under the administrative and appeal process
29    established by rules of the Department of Children and Family
30    Services under  Section  5(o)  of  the  Children  and  Family
31    Services  Act.   Nothing  in  this  Section shall relieve the
32    court of its responsibility, under Section  2-14(a)  of  this
33    Act  to  act  in a just and speedy manner to reunify families
34    where it is the best interests of the minor and the child can
SB1339 Enrolled            -46-                LRB9011267SMpk
 1    be cared for at home without endangering the  child's  health
 2    or  safety and, if reunification is not in the best interests
 3    of the minor, to find another permanent home for  the  minor.
 4    Nothing  in this Section, or in any order issued by the court
 5    with respect to the  placement  of  a  minor  with  a  foster
 6    parent,  shall  impair  the  ability  of  the  Department  of
 7    Children and Family Services, or anyone else authorized under
 8    Section 5 of the Abused and Neglected Child Reporting Act, to
 9    remove  a  minor  from  the  home  of  a foster parent if the
10    Department of Children and  Family  Services  or  the  person
11    removing   the   minor   has   reason  to  believe  that  the
12    circumstances or  conditions  of  the  minor  are  such  that
13    continuing in the residence or care of the foster parent will
14    jeopardize  the  child's  health  and  safety  or  present an
15    imminent risk of harm to that minor's life.
16        (c)  If a foster parent has had  the  minor  who  is  the
17    subject of the proceeding under Article II in his or her home
18    for  more  than  one year on or after July 3, 1994 and if the
19    minor's  placement  is  being  terminated  from  that  foster
20    parent's home, that foster parent  shall  have  standing  and
21    intervenor  status  except  in  those circumstances where the
22    Department of Children and Family  Services  or  anyone  else
23    authorized  under Section 5 of the Abused and Neglected Child
24    Reporting Act has removed the minor from  the  foster  parent
25    because  of  a  reasonable  belief  that the circumstances or
26    conditions of the minor  are  such  that  continuing  in  the
27    residence  or  care  of the foster parent will jeopardize the
28    child's health or safety or presents an imminent risk of harm
29    to the minor's life.
30        (d)  The court may grant standing to any foster parent if
31    the court finds that it is in the best interest of the  child
32    for the foster parent to have standing and intervenor status.
33        (3)  Parties   respondent   are  entitled  to  notice  in
34    compliance with Sections 2-15 and 2-16, 3-17 and  3-18,  4-14
SB1339 Enrolled            -47-                LRB9011267SMpk
 1    and  4-15  or  5-15  and  5-16,  as appropriate. At the first
 2    appearance before  the  court  by  the  minor,  his  parents,
 3    guardian,  custodian or responsible relative, the court shall
 4    explain the nature of the proceedings and inform the  parties
 5    of their rights under the first 2 paragraphs of this Section.
 6        If  the  child  is  alleged  to  be  abused, neglected or
 7    dependent, the court shall admonish the parents that  if  the
 8    court declares the child to be a ward of the court and awards
 9    custody  or  guardianship  to  the Department of Children and
10    Family  Services,  the  parents  must  cooperate   with   the
11    Department  of  Children and Family Services, comply with the
12    terms of the service plans, and correct the  conditions  that
13    require the child to be in care, or risk termination of their
14    parental rights.
15        Upon  an  adjudication  of  wardship  of  the court under
16    Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
17    parties of their right to appeal therefrom as  well  as  from
18    any other final judgment of the court.
19        When   the  court  finds  that  a  child  is  an  abused,
20    neglected, or dependent minor under Section 2-21,  the  court
21    shall  admonish  the  parents that the parents must cooperate
22    with the Department of Children and Family  Services,  comply
23    with  the  terms  of  the  service  plans,  and  correct  the
24    conditions  that  require  the  child  to be in care, or risk
25    termination of their parental rights.
26        When the court declares a child to be a ward of the court
27    and awards guardianship to the  Department  of  Children  and
28    Family  Services under Section 2-22, the court shall admonish
29    the parents, guardian,  custodian,  or  responsible  relative
30    that  the  parents  must  cooperate  with  the  Department of
31    Children and Family Services, comply with the  terms  of  the
32    service  plans,  and  correct the conditions that require the
33    child to be in care, or risk termination  of  their  parental
34    rights.
SB1339 Enrolled            -48-                LRB9011267SMpk
 1        (4)  No  sanction may be applied against the minor who is
 2    the subject of the proceedings by reason of  his  refusal  or
 3    failure to testify in the course of any hearing held prior to
 4    final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
 5        (5)  In  the  discretion  of  the court, the minor may be
 6    excluded from any part or parts of  a  dispositional  hearing
 7    and,  with  the  consent  of the parent or parents, guardian,
 8    counsel or a guardian ad litem, from any part or parts of  an
 9    adjudicatory hearing.
10        (6)  The general public except for the news media and the
11    victim shall be excluded from any hearing and, except for the
12    persons  specified  in  this  Section only persons, including
13    representatives of agencies  and  associations,  who  in  the
14    opinion of the court have a direct interest in the case or in
15    the  work  of  the  court  shall  be admitted to the hearing.
16    However, the court may, for the minor's safety and protection
17    and for good cause  shown,  prohibit  any  person  or  agency
18    present   in   court  from  further  disclosing  the  minor's
19    identity.
20        (7)  A party shall not be entitled to exercise the  right
21    to  a substitution of a judge without cause under subdivision
22    (a)(2) of Section 2-1001 of the Code of Civil Procedure in  a
23    proceeding  under this Act if the judge is currently assigned
24    to a proceeding involving  the  alleged  abuse,  neglect,  or
25    dependency  of  the  minor's sibling or half sibling and that
26    judge  has  made  a  substantive  ruling  in  the  proceeding
27    involving the minor's sibling or half sibling.
28    (Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
29    eff. 1-1-98.)
30        (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
31        Sec. 2-13.  Petition.
32        (1)  Any adult person, any agency or association  by  its
33    representative  may  file,  or  the  court on its own motion,
SB1339 Enrolled            -49-                LRB9011267SMpk
 1    consistent with the health, safety and best interests of  the
 2    minor may direct the filing through the State's Attorney of a
 3    petition  in respect of a minor under this Act.  The petition
 4    and all subsequent court documents shall be entitled "In  the
 5    interest of ...., a minor".
 6        (2)  The  petition  shall  be verified but the statements
 7    may be made upon information and  belief.   It  shall  allege
 8    that  the  minor  is  abused,  neglected,  or dependent, with
 9    citations to the appropriate provisions of this Act, and  set
10    forth  (a)  facts sufficient to bring the minor under Section
11    2-3 or 2-4 and to inform respondents of the cause of  action,
12    including,  but not limited to, a plain and concise statement
13    of the factual allegations that form the basis for the filing
14    of the petition; (b) the  name,  age  and  residence  of  the
15    minor;  (c)  the names and residences of his parents; (d) the
16    name and residence of his legal guardian  or  the  person  or
17    persons  having  custody  or  control of the minor, or of the
18    nearest known relative if no parent or guardian can be found;
19    and (e) if the  minor  upon  whose  behalf  the  petition  is
20    brought  is  sheltered  in  custody,  the  date on which such
21    temporary custody was ordered by the court or  the  date  set
22    for  a  temporary custody hearing. If any of the facts herein
23    required are not known by the petitioner, the petition  shall
24    so state.
25        (3)  The  petition  must  allege  that  it is in the best
26    interests of the minor and of the public that he be  adjudged
27    a  ward  of  the  court  and  may  pray  generally for relief
28    available under this Act. The petition need not  specify  any
29    proposed disposition following adjudication of wardship.
30        (4)  If termination of parental rights and appointment of
31    a guardian of the person with power to consent to adoption of
32    the minor under Section 2-29 is sought, the petition shall so
33    state.  If the petition includes this request, the prayer for
34    relief  shall  clearly  and  obviously state that the parents
SB1339 Enrolled            -50-                LRB9011267SMpk
 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
SB1339 Enrolled            -51-                LRB9011267SMpk
 1    unless:
 2             (i)  the child is being cared for by a relative,
 3             (ii)  the Department has documented in the case plan
 4        a  compelling  reason  for  determining  that filing such
 5        petition would not be in the best interests of the child,
 6             (iii)  the court has found within the  preceding  12
 7        months  that the Department has failed to make reasonable
 8        efforts to reunify the child and family, or
 9             (iv)  paragraph  (c)  of   this   subsection   (4.5)
10        provides otherwise.
11        (b)  For   purposes  of  this  subsection,  the  date  of
12    entering foster care is defined as the earlier of:
13             (1)  The  date  of  a   judicial   finding   at   an
14        adjudicatory   hearing  that  the  child  is  an  abused,
15        neglected, or dependent minor; or
16             (2)  60 days after the date on which  the  child  is
17        removed  from  his  or  her  parent,  guardian,  or legal
18        custodian.
19        (c)  With respect  to  paragraph  (a)(i),  the  following
20    transition rules shall apply:
21             (1)  If the child entered foster care after November
22        19,  1997  and  this  amendatory Act of 1998 takes effect
23        before the child has been in foster care for 15 months of
24        the preceding 22 months, then the Department shall comply
25        with the requirements of paragraph (a) of this subsection
26        (4.5) for that child as soon as the  child  has  been  in
27        foster care for 15 of the preceding 22 months.
28             (2)  If the child entered foster care after November
29        19,  1997  and  this  amendatory Act of 1998 takes effect
30        after the child has been in foster care  for  15  of  the
31        preceding  22  months,  then  the Department shall comply
32        with the requirements of paragraph (a) of this subsection
33        (4.5) for that child within 3 months after the end of the
34        next regular session of the General Assembly.
SB1339 Enrolled            -52-                LRB9011267SMpk
 1             (3)  If the  child  entered  foster  care  prior  to
 2        November  19, 1997, then the Department shall comply with
 3        the requirements of  paragraph  (a)  of  this  subsection
 4        (4.5) for that child in accordance with Department policy
 5        or rule.
 6        (d)  If   the   State's   Attorney  determines  that  the
 7    Department's request for  filing  of  a  petition  or  motion
 8    conforms  to  the requirements set forth in subdivisions (a),
 9    (b), and (c) of  this  subsection  (4.5),  then  the  State's
10    Attorney shall file the petition or motion as requested.
11        (5)  The  court  shall  liberally allow the petitioner to
12    amend the petition to set forth a cause of action or to  add,
13    amend,  or supplement factual allegations that form the basis
14    for  a  cause  of  action  up  until  14  days   before   the
15    adjudicatory  hearing.  The petitioner may amend the petition
16    after that date and prior to the adjudicatory hearing if  the
17    court grants leave to amend upon a showing of good cause. The
18    court may allow amendment of the petition to conform with the
19    evidence  at any time prior to ruling.  In all cases in which
20    the court has granted leave to amend based on new evidence or
21    new allegations, the court shall  permit  the  respondent  an
22    adequate  opportunity  to  prepare  a  defense to the amended
23    petition.
24        (6)  At any time before  dismissal  of  the  petition  or
25    before final closing and discharge under Section 2-31, one or
26    more motions in the best interests of the minor may be filed.
27    The  motion  shall specify sufficient facts in support of the
28    relief requested.
29    (Source: P.A. 89-704, eff. 8-16-97 (changed  from  1-1-98  by
30    P.A. 90-443); 90-28, eff. 1-1-98.)
31        (705 ILCS 405/2-13.1 new)
32        Sec. 2-13.1.  Early termination of reasonable efforts.
33        (1) (a)  In  conjunction  with, or at any time subsequent
SB1339 Enrolled            -53-                LRB9011267SMpk
 1    to, the filing  of  a  petition  on  behalf  of  a  minor  in
 2    accordance  with  Section  2-13  of  this  Act,  the  State's
 3    Attorney,  the  guardian  ad  litem,  or  the  Department  of
 4    Children  and  Family Services may file a motion requesting a
 5    finding that reasonable efforts to reunify  that  minor  with
 6    his  or  her parent or parents are no longer required and are
 7    to cease.
 8        (b)  The court shall grant this motion with respect to  a
 9    parent  of  the minor if the court finds after a hearing that
10    the parent has:
11             (i)  had his or her parental rights to another child
12        of the parent involuntarily terminated; or
13             (ii)  been convicted of:
14                  (A)  first degree or second  degree  murder  of
15             another child of the parent;
16                  (B)  attempt  or  conspiracy  to  commit  first
17             degree  or  second degree murder of another child of
18             the parent;
19                  (C)  solicitation to commit murder  of  another
20             child  of  the parent, solicitation to commit murder
21             for  hire  of  another  child  of  the  parent,   or
22             solicitation  to  commit  second  degree  murder  of
23             another child of the parent;
24                  (D)  aggravated  battery, aggravated battery of
25             a child, or felony domestic battery,  any  of  which
26             has  resulted  in serious bodily injury to the minor
27             or another child of the parent; or
28                  (E)  an offense in any other state the elements
29             of  which   are   similar   and   bear   substantial
30             relationship to any of the foregoing offenses
31    unless  the  court  sets forth in writing a compelling reason
32    why terminating reasonable efforts to reunify the minor  with
33    the parent would not be in the best interests of that minor.
34        (c)  The  court shall also grant this motion with respect
SB1339 Enrolled            -54-                LRB9011267SMpk
 1    to a parent of the minor if:
 2             (i)  after a  hearing  it  determines  that  further
 3        reunification  services  would  no longer be appropriate,
 4        and
 5             (ii)  a  dispositional  hearing  has  already  taken
 6        place.
 7        (2) (a)  The court shall hold a permanency hearing within
 8    30 days of granting a motion pursuant to this subsection.  If
 9    an adjudicatory or a dispositional hearing, or both, has  not
10    taken  place  when the court grants a motion pursuant to this
11    Section, then either or both hearings shall be held as needed
12    so that both take place on or before the  date  a  permanency
13    hearing is held pursuant to this subsection.
14        (b)  Following  a  permanency  hearing  held  pursuant to
15    paragraph (a) of this subsection, the appointed custodian  or
16    guardian  of the minor shall make reasonable efforts to place
17    the child in accordance with the permanency plan and goal set
18    by the court, and to complete the necessary steps  to  locate
19    and finalize a permanent placement.
20        (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
21        Sec. 2-14.  Date for Adjudicatory Hearing.
22        (a)  Purpose and policy.  The legislature recognizes that
23    serious  delay  in  the  adjudication  of  abuse, neglect, or
24    dependency cases can cause grave harm to the  minor  and  the
25    family  and  that  it  frustrates the health, safety and best
26    interests of the minor and the effort to establish  permanent
27    homes  for  children in need.  The purpose of this Section is
28    to  insure  that,  consistent  with  the   federal   Adoption
29    Assistance  and Child Welfare Act of 1980, Public Law 96-272,
30    as amended, and the intent of this Act, the State of Illinois
31    will act in a just and speedy manner to  determine  the  best
32    interests of the minor, including providing for the safety of
33    the  minor, identifying families in need, reunifying families
SB1339 Enrolled            -55-                LRB9011267SMpk
 1    where the minor can be cared for at home without  endangering
 2    the  minor's health or safety and it is in the best interests
 3    of the minor, and, if reunification is  not  consistent  with
 4    the  health,  safety and best interests of the minor, finding
 5    another permanent home for the minor.
 6        (b)  When a petition is filed alleging that the minor  is
 7    abused, neglected or dependent, an adjudicatory hearing shall
 8    be commenced within 90 days of the date of service of process
 9    upon   the   minor,  parents,  any  guardian  and  any  legal
10    custodian, unless an earlier date  is  required  pursuant  to
11    Section  2-13.1.   Once  commenced,  subsequent  delay in the
12    proceedings may be allowed by the  court  when  necessary  to
13    ensure a fair hearing.
14        (c)  Upon  written  motion of a party filed no later than
15    10 days prior to hearing, or upon the court's own motion  and
16    only for good cause shown, the Court may continue the hearing
17    for  a  period  not  to  exceed  30  days,  and  only  if the
18    continuance is consistent with the health,  safety  and  best
19    interests of the minor.  When the court grants a continuance,
20    it  shall  enter  specific  factual  findings  to support its
21    order, including  factual  findings  supporting  the  court's
22    determination  that  the continuance is in the best interests
23    of the minor. Only one such continuance shall be  granted.  A
24    period  of  continuance  for  good cause as described in this
25    Section shall temporarily suspend as to all parties, for  the
26    time  of the delay, the period within which a hearing must be
27    held. On the day of the expiration of the delay,  the  period
28    shall continue at the point at which it was suspended.
29        The term "good cause" as applied in this Section shall be
30    strictly  construed  and  be in accordance with Supreme Court
31    Rule 231 (a) through (f). Neither stipulation by counsel  nor
32    the convenience of any party constitutes good cause.   If the
33    adjudicatory  hearing  is  not  heard  within the time limits
34    required by subsection (b)  or  (c)  of  this  Section,  upon
SB1339 Enrolled            -56-                LRB9011267SMpk
 1    motion  by  any party the petition shall be dismissed without
 2    prejudice.
 3        (d)  The time limits of this Section may be  waived  only
 4    by consent of all parties and approval by the court.
 5        (e)  For   all  cases  filed  before  July  1,  1991,  an
 6    adjudicatory hearing must, be held within 180 days of July 1,
 7    1991.
 8    (Source: P.A. 88-7; 90-28, eff. 1-1-98; 90-456, eff.  1-1-98;
 9    revised 11-17-97.)
10        (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
11        Sec. 2-15.  Summons.
12        (1)  When  a  petition  is  filed, the clerk of the court
13    shall issue a summons with a copy of the  petition  attached.
14    The  summons  shall be directed to the minor's legal guardian
15    or custodian and to each person named as a respondent in  the
16    petition, except that summons need not be directed to a minor
17    respondent under 8 years of age for whom the court appoints a
18    guardian  ad litem if the guardian ad litem appears on behalf
19    of the minor in any proceeding under this Act.
20        (2)  The summons must contain a statement that the  minor
21    or  any  of  the  respondents is entitled to have an attorney
22    present at the hearing on the petition, and that the clerk of
23    the court should be notified promptly if  the  minor  or  any
24    other respondent desires to be represented by an attorney but
25    is financially unable to employ counsel.
26        (3)  The  summons  shall  be issued under the seal of the
27    court, attested in and signed with the name of the  clerk  of
28    the  court,  dated on the day it is issued, and shall require
29    each respondent to appear and answer the petition on the date
30    set for the adjudicatory hearing.  The summons shall  contain
31    a  notice  that  the  parties will not be entitled to further
32    written notices or publication notices of proceedings in this
33    case, including the filing of an amended petition or a motion
SB1339 Enrolled            -57-                LRB9011267SMpk
 1    to terminate parental rights, except as required  by  Supreme
 2    Court Rule 11.
 3        (4)  The  summons  may  be  served by any county sheriff,
 4    coroner or probation officer, even though the officer is  the
 5    petitioner.  The  return  of  the summons with endorsement of
 6    service by the officer is sufficient proof thereof.
 7        (5)  Service of a summons and petition shall be made  by:
 8    (a)  leaving a copy thereof with the person summoned at least
 9    3 days before the time stated  therein  for  appearance;  (b)
10    leaving  a  copy at his usual place of abode with some person
11    of the family, of  the  age  of  10  years  or  upwards,  and
12    informing  that  person of the contents thereof, provided the
13    officer or other person making service shall also send a copy
14    of the summons  in  a  sealed  envelope  with  postage  fully
15    prepaid,  addressed to the person summoned at his usual place
16    of abode, at least 3 days before the time stated therein  for
17    appearance;  or  (c) leaving a copy thereof with the guardian
18    or custodian of a minor, at least  3  days  before  the  time
19    stated  therein for appearance.  If the guardian or custodian
20    is an agency of the State of Illinois, proper service may  be
21    made  by  leaving a copy of the summons and petition with any
22    administrative employee of such  agency  designated  by  such
23    agency  to  accept  service  of  summons  and  petitions. The
24    certificate of the officer or affidavit of the person that he
25    has sent the copy pursuant  to  this  Section  is  sufficient
26    proof of service.
27        (6)  When  a  parent  or  other  person, who has signed a
28    written promise to appear and bring the minor to court or who
29    has waived or acknowledged service, fails to appear with  the
30    minor  on  the  date set by the court, a bench warrant may be
31    issued for the parent or other person, the minor, or both.
32        (7)  The appearance of  the  minor's  legal  guardian  or
33    custodian,  or  a person named as a respondent in a petition,
34    in any proceeding under this Act shall constitute a waiver of
SB1339 Enrolled            -58-                LRB9011267SMpk
 1    service of summons and submission to the jurisdiction of  the
 2    court,  except  that  the  filing  of  a  special  appearance
 3    authorized under Section 2-301 of the Code of Civil Procedure
 4    does  not  constitute an appearance under this subsection.  A
 5    copy of the summons and petition shall  be  provided  to  the
 6    person at the time of his appearance.
 7        (8)  Notice  to  a parent who has appeared or been served
 8    with summons personally or by certified mail, and for whom an
 9    order of  default  has  been  entered  on  the  petition  for
10    wardship  and  has  not  been  set aside shall be provided in
11    accordance with Supreme Court Rule 11.  Notice  to  a  parent
12    who  was  served  by  publication  and  for  whom an order of
13    default has been entered on the petition for wardship and has
14    not been set aside shall be provided in accordance with  this
15    Section and Section 2-16.
16    (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
17        (705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
18        Sec. 2-16.  Notice by certified mail or publication.
19        (1)  If  service  on  individuals  as provided in Section
20    2-15 is not made on any respondent within a  reasonable  time
21    or  if  it  appears  that  any respondent resides outside the
22    State, service may be made by certified mail.  In  such  case
23    the  clerk  shall mail the summons and a copy of the petition
24    to that respondent by certified mail marked for  delivery  to
25    addressee  only.   The  court  shall  not  proceed  with  the
26    adjudicatory  hearing  until  5 days after such mailing.  The
27    regular return receipt for certified mail is sufficient proof
28    of service.
29        (2)  Where a respondent's usual place  of  abode  is  not
30    known,  a  diligent  inquiry  shall  be made to ascertain the
31    respondent's current and last known address.  The  Department
32    of  Children  and  Family Services shall adopt rules defining
33    the requirements for conducting a diligent search  to  locate
SB1339 Enrolled            -59-                LRB9011267SMpk
 1    parents of minors in the custody of the Department. If, after
 2    diligent  inquiry  made  at  any time within the preceding 12
 3    months,  the  usual  place  of  abode  cannot  be  reasonably
 4    ascertained, or  if  respondent  is  concealing  his  or  her
 5    whereabouts   to   avoid  service  of  process,  petitioner's
 6    attorney shall file an affidavit at the office of  the  clerk
 7    of  court  in  which  the  action  is  pending  showing  that
 8    respondent  on  due  inquiry cannot be found or is concealing
 9    his or her whereabouts so that process cannot be served.  The
10    affidavit  shall  state  the  last  known  address   of   the
11    respondent.  The affidavit shall also state what efforts were
12    made to effectuate service. Within 3 days of receipt  of  the
13    affidavit,  the  clerk  shall  issue  publication  service as
14    provided below.  The clerk shall also send a copy thereof  by
15    mail  addressed to each respondent listed in the affidavit at
16    his or her last known address. The clerk of the court as soon
17    as possible shall cause publication to  be  made  once  in  a
18    newspaper  of  general  circulation  in  the county where the
19    action is pending.  Notice by publication is not required  in
20    any case when the person alleged to have legal custody of the
21    minor has been served with summons personally or by certified
22    mail,  but  the  court  may  not  enter any order or judgment
23    against any person who cannot be served  with  process  other
24    than  by publication unless notice by publication is given or
25    unless that person appears.  When a minor has been  sheltered
26    under  Section  2-10  of  this  Act  and summons has not been
27    served personally or by certified mail within  20  days  from
28    the  date  of the order of court directing such shelter care,
29    the clerk of the court shall cause  publication.   Notice  by
30    publication shall be substantially as follows:
31        "A,  B,  C,  D,  (here  giving  the  names  of  the named
32    respondents, if any) and to All Whom It May Concern (if there
33    is any respondent under that designation):
34        Take notice that on  the  ....   day  of  ....,  19..   a
SB1339 Enrolled            -60-                LRB9011267SMpk
 1    petition  was  filed under the Juvenile Court Act by ....  in
 2    the circuit court of .... county entitled 'In the interest of
 3    ...., a minor', and that in .... courtroom at  ....   on  the
 4    ....  day of ....  at the hour of ...., or as soon thereafter
 5    as  this  cause may be heard, an adjudicatory hearing will be
 6    held upon the petition to have the child  declared  to  be  a
 7    ward of the court under that Act.  THE COURT HAS AUTHORITY IN
 8    THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND GUARDIANSHIP
 9    OF  THE  MINOR,  TO  TERMINATE  YOUR  PARENTAL RIGHTS, AND TO
10    APPOINT A GUARDIAN WITH POWER TO CONSENT TO  ADOPTION.    YOU
11    MAY  LOSE ALL PARENTAL RIGHTS TO YOUR CHILD.  IF THE PETITION
12    REQUESTS THE TERMINATION OF  YOUR  PARENTAL  RIGHTS  AND  THE
13    APPOINTMENT  OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
14    YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD.    Unless  you
15    appear you will not be entitled to further written notices or
16    publication   notices   of  the  proceedings  in  this  case,
17    including the filing of an amended petition or  a  motion  to
18    terminate parental rights.
19        Now,  unless  you  appear  at  the hearing and show cause
20    against the petition, the allegations  of  the  petition  may
21    stand  admitted  as against you and each of you, and an order
22    or judgment entered.
23                                           ......................
24                                                   Clerk
25    Dated (the date of publication)"
26        (3)  The clerk shall also at the time of the  publication
27    of  the  notice  send  a  copy thereof by mail to each of the
28    respondents on account of whom publication is made at his  or
29    her last known address.  The certificate of the clerk that he
30    or  she  has mailed the notice is evidence thereof.  No other
31    publication notice is required.  Every respondent notified by
32    publication under this Section must appear and answer in open
33    court at the hearing.  The court may  not  proceed  with  the
34    adjudicatory   hearing   until   10  days  after  service  by
SB1339 Enrolled            -61-                LRB9011267SMpk
 1    publication on any parent, guardian or legal custodian in the
 2    case of a minor described in Section 2-3 or 2-4.
 3        (4)  If it becomes necessary to change the date  set  for
 4    the hearing in order to comply with Section 2-14 or with this
 5    Section,  notice  of the resetting of the date must be given,
 6    by  certified  mail  or  other  reasonable  means,  to   each
 7    respondent  who has been served with summons personally or by
 8    certified mail.
 9        (5)  Notice to a parent who has appeared or  been  served
10    with summons personally or by certified mail, and for whom an
11    order  of  default  has  been  entered  on  the  petition for
12    wardship and has not been set  aside  shall  be  provided  in
13    accordance  with  Supreme  Court Rule 11.  Notice to a parent
14    who was served by  publication  and  for  whom  an  order  of
15    default has been entered on the petition for wardship and has
16    not  been set aside shall be provided in accordance with this
17    Section and Section 2-15.
18    (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
19        (705 ILCS 405/2-17.1)
20        Sec. 2-17.1.  Court appointed special advocate.
21        (1)  The court may appoint a special  advocate  upon  the
22    filing of a petition under this Article or at any time during
23    the  pendency  of  a proceeding under this Article. Except in
24    counties  with  a  population  over  3,000,000,   the   court
25    appointed  special  advocate  may  also  serve as guardian ad
26    litem by appointment of the court under Section 2-17 of  this
27    Act.
28        (2)  The  court appointed special advocate shall act as a
29    monitor and shall be  notified  of  all  administrative  case
30    reviews  pertaining  to  the minor and work with the parties'
31    attorneys, the guardian ad litem, and others assigned to  the
32    minor's  case  to protect the minor's health, safety and best
33    interests and insure the proper  delivery  of  child  welfare
SB1339 Enrolled            -62-                LRB9011267SMpk
 1    services.   The   court  may  consider,  at  its  discretion,
 2    testimony of the court appointed special advocate  pertaining
 3    to the well-being of the child.
 4        (3)  Court  appointed  special  advocates  shall serve as
 5    volunteers without compensation and  shall  receive  training
 6    consistent with nationally developed standards.
 7        (4)  No   person  convicted  of  a  criminal  offense  as
 8    specified in Section 4.2 of the Child Care Act of 1969 and no
 9    person identified as a perpetrator of an act of  child  abuse
10    or  neglect  as  reflected  in the Department of Children and
11    Family Services State Central Register shall serve as a court
12    appointed special advocate.
13        (5)  All costs associated with the appointment and duties
14    of the court appointed special advocate shall be paid by  the
15    court  appointed special advocate or an organization of court
16    appointed special advocates. In  no  event  shall  the  court
17    appointed  special  advocate  be  liable  for  any  costs  of
18    services provided to the child.
19        (6)  The  court  may  remove  the court appointed special
20    advocate or the guardian ad litem from a  case  upon  finding
21    that  the court appointed special advocate or the guardian ad
22    litem has acted in a manner  contrary  to  the  child's  best
23    interest or if the court otherwise deems continued service is
24    unwanted or unnecessary.
25        (7) (a)  In  any  county  in  which  a  program  of court
26    appointed special advocates is in operation,  the  provisions
27    of  this  Section shall apply unless the county board of that
28    county, by resolution, determines that the county  shall  not
29    be governed by this Section.
30        (8)  Any  court appointed special advocate acting in good
31    faith within the scope of his or her appointment  shall  have
32    immunity  from any civil or criminal liability that otherwise
33    might result by reason of his or her actions, except in cases
34    of willful and wanton misconduct.  For  the  purpose  of  any
SB1339 Enrolled            -63-                LRB9011267SMpk
 1    civil  or  criminal  proceedings, the good faith of any court
 2    appointed special advocate shall be presumed.
 3    (Source: P.A. 90-28, eff. 1-1-98.)
 4        (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
 5        Sec. 2-18. Evidence.
 6        (1)  At the adjudicatory hearing, the court  shall  first
 7    consider  only  the  question  whether  the  minor is abused,
 8    neglected or dependent.  The standard of proof and the  rules
 9    of  evidence in the nature of civil proceedings in this State
10    are applicable to proceedings under  this  Article.   If  the
11    petition  also  seeks  the  appointment  of a guardian of the
12    person with power to consent to adoption of the  minor  under
13    Section  2-29, the court may also consider legally admissible
14    evidence at the adjudicatory hearing that one or more grounds
15    of unfitness exists under subdivision D of Section 1  of  the
16    Adoption Act.
17        (2)  In  any  hearing under this Act, the following shall
18    constitute prima facie evidence of abuse or neglect,  as  the
19    case may be:
20             (a)  proof  that  a minor has a medical diagnosis of
21        battered child syndrome is prima facie evidence of abuse;
22             (b)  proof that a minor has a medical  diagnosis  of
23        failure  to  thrive  syndrome  is prima facie evidence of
24        neglect;
25             (c)  proof that a minor has a medical  diagnosis  of
26        fetal   alcohol  syndrome  is  prima  facie  evidence  of
27        neglect;
28             (d)  proof that a minor has a medical  diagnosis  at
29        birth   of   withdrawal   symptoms   from   narcotics  or
30        barbiturates is prima facie evidence of neglect;
31             (e)  proof of injuries sustained by a  minor  or  of
32        the  condition  of  a  minor  of  such  a nature as would
33        ordinarily not be sustained or exist except by reason  of
SB1339 Enrolled            -64-                LRB9011267SMpk
 1        the  acts  or  omissions  of  the  parent,  custodian  or
 2        guardian  of  such minor shall be prima facie evidence of
 3        abuse or neglect, as the case may be;
 4             (f)  proof that a parent, custodian or guardian of a
 5        minor repeatedly used a drug, to the extent that  it  has
 6        or  would  ordinarily have the effect of producing in the
 7        user a  substantial  state  of  stupor,  unconsciousness,
 8        intoxication,     hallucination,     disorientation    or
 9        incompetence, or a substantial impairment of judgment, or
10        a substantial manifestation of  irrationality,  shall  be
11        prima facie evidence of neglect;
12             (g)  proof  that a parent, custodian, or guardian of
13        a  minor  repeatedly  used  a  controlled  substance,  as
14        defined in subsection (f) of Section 102 of the  Illinois
15        Controlled  Substances  Act, in the presence of the minor
16        or a sibling of the minor  is  prima  facie  evidence  of
17        neglect.    "Repeated  use",  for  the  purpose  of  this
18        subsection, means more  than  one  use  of  a  controlled
19        substance  as defined in subsection (f) of Section 102 of
20        the Illinois Controlled Substances Act;
21             (h)  proof that a newborn infant's blood, urine,  or
22        meconium contains any amount of a controlled substance as
23        defined  in subsection (f) of Section 102 of the Illinois
24        Controlled  Substances  Act,  or  a   metabolite   of   a
25        controlled  substance,  with  the exception of controlled
26        substances  or  metabolites  of  those  substances,   the
27        presence  of  which  is  the  result of medical treatment
28        administered to the mother or the newborn, is prime facie
29        evidence of neglect.
30        (3)  In any hearing under this Act, proof of  the  abuse,
31    neglect  or  dependency  of  one  minor  shall  be admissible
32    evidence on the issue of the abuse, neglect or dependency  of
33    any other minor for whom the respondent is responsible.
34        (4) (a)  Any  writing, record, photograph or x-ray of any
SB1339 Enrolled            -65-                LRB9011267SMpk
 1    hospital or public or private agency, whether in the form  of
 2    an  entry  in  a  book  or otherwise, made as a memorandum or
 3    record of any  condition,  act,  transaction,  occurrence  or
 4    event  relating to a minor in an abuse, neglect or dependency
 5    proceeding, shall be admissible in evidence as proof of  that
 6    condition,  act,  transaction,  occurrence  or  event, if the
 7    court finds that the document was made in the regular  course
 8    of  the business of the hospital or agency and that it was in
 9    the regular course of such business to make it, at  the  time
10    of  the  act,  transaction,  occurrence or event, or within a
11    reasonable time thereafter.  A certification by the  head  or
12    responsible  employee  of  the  hospital  or  agency that the
13    writing, record, photograph or x-ray is the full and complete
14    record of the  condition,  act,  transaction,  occurrence  or
15    event  and that it satisfies the conditions of this paragraph
16    shall be prima facie evidence of the facts contained in  such
17    certification.   A  certification  by  someone other than the
18    head of the hospital or agency  shall  be  accompanied  by  a
19    photocopy  of  a  delegation  of authority signed by both the
20    head of the hospital or agency and by  such  other  employee.
21    All  other  circumstances  of  the  making of the memorandum,
22    record, photograph  or  x-ray,  including  lack  of  personal
23    knowledge of the maker, may be proved to affect the weight to
24    be   accorded   such  evidence,  but  shall  not  affect  its
25    admissibility.
26        (b)  Any indicated report filed pursuant  to  the  Abused
27    and  Neglected  Child  Reporting  Act  shall be admissible in
28    evidence.
29        (c)  Previous statements made by the  minor  relating  to
30    any  allegations  of  abuse or neglect shall be admissible in
31    evidence.  However, no such statement, if uncorroborated  and
32    not  subject  to  cross-examination,  shall  be sufficient in
33    itself to support a finding of abuse or neglect.
34        (d)  There shall be a rebuttable presumption that a minor
SB1339 Enrolled            -66-                LRB9011267SMpk
 1    is competent to testify in abuse or neglect proceedings.  The
 2    court shall determine how much weight to give to the  minor's
 3    testimony,  and  may  allow  the minor to testify in chambers
 4    with only the court, the court reporter and attorneys for the
 5    parties present.
 6        (e)  The privileged character  of  communication  between
 7    any   professional  person  and  patient  or  client,  except
 8    privilege between attorney and client,  shall  not  apply  to
 9    proceedings subject to this Article.
10        (f)  Proof  of  the  impairment  of  emotional  health or
11    impairment of mental or emotional condition as  a  result  of
12    the failure of the respondent to exercise a minimum degree of
13    care  toward  a minor may include competent opinion or expert
14    testimony,  and  may  include  proof  that  such   impairment
15    lessened  during  a  period  when  the minor was in the care,
16    custody or supervision of a person or agency other  than  the
17    respondent.
18        (5)  In  any  hearing under this Act alleging neglect for
19    failure  to  provide  education  as  required  by  law  under
20    subsection (1) of Section 2-3, proof that a  minor  under  13
21    years  of  age who is subject to compulsory school attendance
22    under the School Code is a chronic truant  as  defined  under
23    the  School  Code shall be prima facie evidence of neglect by
24    the parent or guardian in any  hearing  under  this  Act  and
25    proof  that  a  minor  who is 13 years of age or older who is
26    subject to compulsory school attendance under the School Code
27    is a chronic truant shall raise a rebuttable  presumption  of
28    neglect by the parent or guardian.  This subsection (5) shall
29    not apply in counties with 2,000,000 or more inhabitants.
30        (6)  In  any  hearing  under this Act, the court may take
31    judicial notice of prior sworn testimony or evidence admitted
32    in prior proceedings involving the  same  minor  if  (a)  the
33    parties  were  either  represented  by  counsel at such prior
34    proceedings or the right to counsel was knowingly waived  and
SB1339 Enrolled            -67-                LRB9011267SMpk
 1    (b)  the  taking  of  judicial  notice  would  not  result in
 2    admitting hearsay  evidence  at  a  hearing  where  it  would
 3    otherwise be prohibited.
 4    (Source:  P.A.  88-343;  89-704,  eff.  8-16-97 (changed from
 5    1-1-98 by P.A. 90-443).)
 6        (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
 7        Sec. 2-21. Findings and adjudication.
 8        (1)  The court shall state for the record the  manner  in
 9    which  the parties received service of process and shall note
10    whether the return  or  returns  of  service,  postal  return
11    receipt   or  receipts  for  notice  by  certified  mail,  or
12    certificate or certificates of publication have been filed in
13    the court record.  The  court  shall  enter  any  appropriate
14    orders  of  default  against any parent who has been properly
15    served in any manner and fails to appear.
16        No further service of process as defined in Sections 2-15
17    and 2-16 is required  in  any  subsequent  proceeding  for  a
18    parent  who  was  properly  served  in  any manner, except as
19    required by Supreme Court Rule 11.
20        The caseworker shall testify about  the  diligent  search
21    conducted for the parent.
22        After  hearing  the  evidence  the  court shall determine
23    whether or not the minor is abused, neglected, or  dependent.
24    If  it  finds  that the minor is not such a person, the court
25    shall order the petition dismissed and the minor  discharged.
26    The  court's  determination  of  whether the minor is abused,
27    neglected, or dependent shall be stated in writing  with  the
28    factual basis supporting that determination.
29        If  the  court finds that the minor is abused, neglected,
30    or dependent, the court  shall  then  determine  and  put  in
31    writing  the factual basis supporting that the determination,
32    and specify, to the extent possible, the acts or omissions or
33    both of each parent, guardian, or legal custodian  that  form
SB1339 Enrolled            -68-                LRB9011267SMpk
 1    the  basis  of  the  court's  findings  of whether the abuse,
 2    neglect, or dependency is the result of physical abuse to the
 3    minor inflicted by a parent, guardian,  or  legal  custodian.
 4    That finding shall appear in the order of the court.
 5        If  the  court  finds  that  the  child  has been abused,
 6    neglected or dependent, the court shall admonish the  parents
 7    that  they must cooperate with the Department of Children and
 8    Family Services, comply with the terms of the  service  plan,
 9    and  correct  the  conditions that require the child to be in
10    care, or risk termination of parental rights.
11        If the court  determines  that  a  person  has  inflicted
12    physical or sexual abuse upon a minor, the court shall report
13    that  determination  to the Department of State Police, which
14    shall include that information in its report to the President
15    of the school board for a school  district  that  requests  a
16    criminal  background investigation of that person as required
17    under Section 10-21.9 or 34-18.5 of the School Code.
18        (2)  If, pursuant to subsection (1) of this Section,  the
19    court  determines  and  puts  in  writing  the  factual basis
20    supporting the determination that the minor is either  abused
21    or  neglected  or  dependent, the court shall then set a time
22    not later than 30 days after the entry of the finding  for  a
23    dispositional  hearing  (unless  an  earlier date is required
24    pursuant to Section 2-13.1) to  be  conducted  under  Section
25    2-22 at which hearing the court shall determine whether it is
26    consistent  with the health, safety and best interests of the
27    minor and the public that he be made a ward of the court.  To
28    assist the court in making this and other  determinations  at
29    the  dispositional  hearing,  the  court  may  order  that an
30    investigation be conducted  and  a  dispositional  report  be
31    prepared  concerning  the minor's physical and mental history
32    and condition,  family  situation  and  background,  economic
33    status,  education,  occupation,  history  of  delinquency or
34    criminality, personal habits, and any other information  that
SB1339 Enrolled            -69-                LRB9011267SMpk
 1    may  be  helpful to the court.  The dispositional hearing may
 2    be continued once for a period not to exceed 30 days  if  the
 3    court  finds  that  such continuance is necessary to complete
 4    the dispositional report.
 5        (3)  The time limits of this Section may be  waived  only
 6    by  consent  of  all  parties  and  approval by the court, as
 7    determined to be consistent with the health, safety and  best
 8    interests of the minor.
 9        (4)  For all cases adjudicated prior to July 1, 1991, for
10    which  no  dispositional  hearing has been held prior to that
11    date, a dispositional hearing under  Section  2-22  shall  be
12    held within 90 days of July 1, 1991.
13        (5)  The  court  may  terminate  the parental rights of a
14    parent at the initial dispositional hearing  if  all  of  the
15    following conditions are met:
16             (i)  the  original  or  amended  petition contains a
17        request  for   termination   of   parental   rights   and
18        appointment  of  a  guardian  with  power  to  consent to
19        adoption; and
20             (ii)  the court has  found  by  a  preponderance  of
21        evidence,  introduced or stipulated to at an adjudicatory
22        hearing, that the child comes under the  jurisdiction  of
23        the  court  as  an  abused, neglected, or dependent minor
24        under Section 2-18; and
25             (iii)  the court finds, on the basis  of  clear  and
26        convincing  evidence admitted at the adjudicatory hearing
27        that the parent is an unfit person under subdivision D of
28        Section 1 of the Adoption Act; and
29             (iv)  the court determines in  accordance  with  the
30        rules of evidence for dispositional proceedings, that:
31                  (A)  it  is  in  the best interest of the minor
32             and public that the child be  made  a  ward  of  the
33             court;
34                  (A-5)  reasonable   efforts   under  subsection
SB1339 Enrolled            -70-                LRB9011267SMpk
 1             (l-1) of  Section  5  of  the  Children  and  Family
 2             Services  Act are inappropriate or such efforts were
 3             made and were unsuccessful; and
 4                  (B)  termination   of   parental   rights   and
 5             appointment of a guardian with power to  consent  to
 6             adoption  is  in  the  best  interest  of  the child
 7             pursuant to Section 2-29.
 8    (Source: P.A. 89-704, eff. 8-16-97 (changed  from  1-1-98  by
 9    P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
10    eff. 8-16-97; 90-566, eff. 1-2-98.)
11        (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
12        Sec. 2-22. Dispositional hearing; evidence; continuance.
13        (1)  At   the  dispositional  hearing,  the  court  shall
14    determine whether it is in the best interests  of  the  minor
15    and  the  public that he be made a ward of the court, and, if
16    he is to be made  a  ward  of  the  court,  the  court  shall
17    determine  the  proper  disposition  best serving the health,
18    safety and interests of the minor and the public.  The  court
19    also  shall  consider  the permanency goal set for the minor,
20    the nature of the service plan for the minor and the services
21    delivered and to be delivered under the  plan.  All  evidence
22    helpful  in  determining  these questions, including oral and
23    written reports, may be admitted and may be  relied  upon  to
24    the  extent of its probative value, even though not competent
25    for the purposes of the adjudicatory hearing.
26        (2)  Notice in compliance with Supreme Court Rule 11 must
27    be given to all parties-respondent prior to proceeding  to  a
28    dispositional hearing.  Before making an order of disposition
29    the  court  shall  advise  the State's Attorney, the parents,
30    guardian, custodian or responsible relative or their  counsel
31    of  the  factual  contents and the conclusions of the reports
32    prepared for the use of the court and considered by  it,  and
33    afford  fair  opportunity,  if requested, to controvert them.
SB1339 Enrolled            -71-                LRB9011267SMpk
 1    The court may order, however, that the  documents  containing
 2    such  reports  need  not  be submitted to inspection, or that
 3    sources of confidential information  need  not  be  disclosed
 4    except  to  the  attorneys for the parties. Factual contents,
 5    conclusions, documents and sources  disclosed  by  the  court
 6    under  this  paragraph shall not be further disclosed without
 7    the express approval of the court pursuant to  an  in  camera
 8    hearing.
 9        (3)  A  record  of  a prior continuance under supervision
10    under  Section  2-20,  whether  successfully  completed  with
11    regard to the child's health, safety and  best  interest,  or
12    not, is admissible at the dispositional hearing.
13        (4)  On its own motion or that of the State's Attorney, a
14    parent, guardian, custodian, responsible relative or counsel,
15    the  court may adjourn the hearing for a reasonable period to
16    receive reports or other  evidence,  if  the  adjournment  is
17    consistent  with the health, safety and best interests of the
18    minor, but in no event shall continuances be granted so  that
19    the dispositional hearing occurs more than 6 months after the
20    initial  removal  of  a  minor  from  his  or  her  home.  In
21    scheduling investigations and hearings, the court shall  give
22    priority  to  proceedings  in  which a minor has been removed
23    from his or her home before an order of disposition has  been
24    made.
25        (5)  Unless  already  set by the court, at the conclusion
26    of the dispositional hearing, the court shall  set  the  date
27    for  the  first  permanency  hearing,  to  be conducted under
28    subsection (2) of Section 2-28 or subsection (c)  of  Section
29    2-28.01,  which  shall be held: (a) within 12 months from the
30    date temporary custody was taken, (b) if the parental  rights
31    of  both  parents have been terminated in accordance with the
32    procedure described in subsection (5) of Section 2-21, within
33    30 days of the termination of parental rights and appointment
34    of a guardian with power to consent to adoption,  or  (c)  in
SB1339 Enrolled            -72-                LRB9011267SMpk
 1    accordance  with  subsection  (2)  of Section 2-13.1 no later
 2    than 12 months  after  the  minor  is  taken  into  temporary
 3    custody  or  in counties with a population over 3,000,000, no
 4    later than 12 months after the minor is taken into  temporary
 5    custody.
 6        (6)  When  the court declares a child to be a ward of the
 7    court and awards guardianship to the Department  of  Children
 8    and  Family  Services,  (a)  the  court  shall  admonish  the
 9    parents, guardian, custodian or responsible relative that the
10    parents  must  cooperate  with the Department of Children and
11    Family Services, comply with the terms of the service  plans,
12    and  correct  the conditions which require the child to be in
13    care, or risk termination  of  their  parental  rights;  and.
14    (b)  the  court shall inquire of the parties of any intent to
15    proceed with termination of parental rights of a parent:
16             (A)  whose identity still remains unknown;
17             (B)  whose whereabouts remain unknown; or
18             (C)  who was found in default  at  the  adjudicatory
19        hearing  and  has not obtained an order setting aside the
20        default in accordance with Section 2-1301 of the Code  of
21        Civil Procedure.
22    (Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87,
23    eff. 9-1-97; revised 11-12-97.)
24        (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
25        Sec. 2-23.  Kinds of dispositional orders.
26        (1)  The  following kinds of orders of disposition may be
27    made in respect of wards of the court:
28             (a)  A minor under 18  years  of  age  found  to  be
29        neglected  or abused under Section 2-3 or dependent under
30        Section 2-4 may be (1) continued in the custody of his or
31        her parents, guardian or legal custodian; (2)  placed  in
32        accordance with Section 2-27; (3) restored to the custody
33        of  the  parent,  parents,  guardian, or legal custodian,
SB1339 Enrolled            -73-                LRB9011267SMpk
 1        provided the  court  shall  order  the  parent,  parents,
 2        guardian,  or  legal  custodian  to  cooperate  with  the
 3        Department  of  Children  and  Family Services and comply
 4        with the terms of an after-care plan or risk the loss  of
 5        custody  of  the  child  and  the possible termination of
 6        their parental rights; or (4) (3)  ordered  partially  or
 7        completely  emancipated in accordance with the provisions
 8        of the Emancipation of Mature Minors Act.
 9             However, in any case in which a minor  is  found  by
10        the  court to be neglected or abused under Section 2-3 of
11        this Act, custody of the minor shall not be  restored  to
12        any  parent,  guardian  or  legal custodian whose acts or
13        omissions or  both  have  been  identified,  pursuant  to
14        subsection  (1) of Section 2-21, as forming the basis for
15        the court's finding of abuse  or  neglect  found  by  the
16        court to have caused the neglect or to have inflicted the
17        abuse on the minor, unless it is in the best interests of
18        the  minor,  until  such time as a hearing is held on the
19        issue of the best interests of the minor and the  fitness
20        of  such  parent, guardian or legal custodian to care for
21        the minor  without  endangering  the  minor's  health  or
22        safety,  and  the court enters an order that such parent,
23        guardian or legal custodian is fit to care for the minor.
24             (b)  A minor under 18  years  of  age  found  to  be
25        dependent   under  Section  2-4  may  be  (1)  placed  in
26        accordance with Section 2-27 or (2) ordered partially  or
27        completely  emancipated in accordance with the provisions
28        of the Emancipation of Mature Minors Act.
29             However, in any case in which a minor  is  found  by
30        the  court  to be dependent under Section 2-4 of this Act
31        and the court has made a further finding under  paragraph
32        (2) of Section 2-21 that such dependency is the result of
33        physical  abuse,  custody  of  the  minor  shall  not  be
34        restored to any parent, guardian or legal custodian whose
SB1339 Enrolled            -74-                LRB9011267SMpk
 1        acts  or omissions or both have been identified, pursuant
 2        to subsection (1) of Section 2-21, as forming  the  basis
 3        for the court's finding of dependency, found by the court
 4        to  have inflicted physical abuse on the minor until such
 5        time as a hearing is held on the issue of the fitness  of
 6        such  parent, guardian or legal custodian to care for the
 7        minor without endangering the minor's health  or  safety,
 8        and  the court enters an order that such parent, guardian
 9        or legal custodian is fit to care for the minor.
10             (c)  When  the  court  awards  guardianship  to  the
11        Department of Children and  Family  Services,  the  court
12        shall order the parents to  cooperate with the Department
13        of Children and Family Services, comply with the terms of
14        the  service  plans,  and  correct  the  conditions  that
15        require  the  child to be in care, or risk termination of
16        their parental rights.
17             (d)  When the court orders a child restored  to  the
18        custody  of  the parent or parents, the court shall order
19        the parent or parents to cooperate with the Department of
20        Children and Family Services and comply with the terms of
21        an after-care plan, or risk the loss of  custody  of  the
22        child  and  the  possible  termination  of their parental
23        rights.
24        (2)  Any order of disposition may provide for  protective
25    supervision  under  Section  2-24 and may include an order of
26    protection under Section 2-25.
27        Unless the order of disposition expressly so provides, it
28    does  not  operate  to  close  proceedings  on  the   pending
29    petition,  but  is  subject to modification, not inconsistent
30    with Section 2-28 or 2-28.01, whichever is applicable,  until
31    final  closing and discharge of the proceedings under Section
32    2-31.
33        (3)  The  court  also  shall  enter  any   other   orders
34    necessary  to  fulfill  the  service plan, including, but not
SB1339 Enrolled            -75-                LRB9011267SMpk
 1    limited to, (i) orders requiring parties  to  cooperate  with
 2    services,  (ii) restraining orders controlling the conduct of
 3    any party likely to frustrate the achievement  of  the  goal,
 4    and  (iii)  visiting  orders.   Unless otherwise specifically
 5    authorized by law, the court  is  not  empowered  under  this
 6    subsection   (3)   to  order  specific  placements,  specific
 7    services, or specific service providers to be included in the
 8    plan.  If the court concludes that the Department of Children
 9    and Family Services has abused its discretion in setting  the
10    current  service  plan  or permanency goal for the minor, the
11    court shall enter specific findings in writing based  on  the
12    evidence  and  shall  enter  an  order  for the Department to
13    develop and implement a new permanency goal and service  plan
14    consistent  with  the court's findings.  The new service plan
15    shall be filed with the court and served on all parties.  The
16    court shall continue the matter until the new service plan is
17    filed.
18        (4)  In addition to any other order of  disposition,  the
19    court  may order any minor adjudicated neglected with respect
20    to his or her own injurious behavior to make restitution,  in
21    monetary or non-monetary form, under the terms and conditions
22    of  Section  5-5-6 of the Unified Code of Corrections, except
23    that the "presentence hearing" referred to therein  shall  be
24    the  dispositional hearing for purposes of this Section.  The
25    parent, guardian or legal custodian of the minor may pay some
26    or all of such restitution on the minor's behalf.
27        (5)  Any  order  for  disposition  where  the  minor   is
28    committed  or  placed  in  accordance with Section 2-27 shall
29    provide for the parents or guardian of  the  estate  of  such
30    minor to pay to the legal custodian or guardian of the person
31    of  the minor such sums as are determined by the custodian or
32    guardian of the person of the  minor  as  necessary  for  the
33    minor's  needs.  Such  payments  may  not  exceed the maximum
34    amounts provided for by  Section  9.1  of  the  Children  and
SB1339 Enrolled            -76-                LRB9011267SMpk
 1    Family Services Act.
 2        (6)  Whenever the order of disposition requires the minor
 3    to attend school or participate in a program of training, the
 4    truant  officer or designated school official shall regularly
 5    report to the court if the minor is  a  chronic  or  habitual
 6    truant under Section 26-2a of the School Code.
 7        (7)  The  court  may  terminate  the parental rights of a
 8    parent at the initial dispositional hearing  if  all  of  the
 9    conditions in subsection (5) of Section 2-21 are met.
10    (Source:  P.A.  89-17,  eff.  5-31-95;  89-235,  eff. 8-4-95;
11    90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised 11-12-97.)
12        (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
13        Sec. 2-27. Placement; legal custody or guardianship.
14        (1)  If the court determines  and  puts  in  writing  the
15    factual  basis  supporting  the  determination of whether the
16    parents, guardian, or legal custodian of a minor  adjudged  a
17    ward  of  the  court are unfit or are unable, for some reason
18    other  than  financial  circumstances  alone,  to  care  for,
19    protect, train or discipline the minor or are unwilling to do
20    so, and that the health, safety, and  best  interest  of  the
21    minor will be jeopardized if the minor remains in the custody
22    of  his  or her parents, guardian or custodian, the court may
23    at this hearing and at any later point:
24             (a)  place the minor in the custody  of  a  suitable
25        relative or other person as legal custodian or guardian;
26             (a-5)  with   the  approval  of  the  Department  of
27        Children and Family Services,  place  the  minor  in  the
28        subsidized  guardianship  of a suitable relative or other
29        person as legal guardian; "subsidized guardianship" means
30        a private guardianship arrangement for children for  whom
31        the  permanency  goals  of  return home and adoption have
32        been ruled  out  and  who  meet  the  qualifications  for
33        subsidized  guardianship  as defined by the Department of
SB1339 Enrolled            -77-                LRB9011267SMpk
 1        Children and Family Services in administrative rules;
 2             (b)  place the minor under  the  guardianship  of  a
 3        probation officer;
 4             (c)  commit  the  minor  to  an  agency  for care or
 5        placement, except an institution under the  authority  of
 6        the  Department  of  Corrections  or of the Department of
 7        Children and Family Services;
 8             (d)  commit the minor to the Department of  Children
 9        and  Family  Services  for  care  and service; however, a
10        minor charged with a criminal offense under the  Criminal
11        Code  of  1961  or  adjudicated  delinquent  shall not be
12        placed in the custody of or committed to  the  Department
13        of  Children  and  Family Services by any court, except a
14        minor less than 13 years of  age  and  committed  to  the
15        Department  of Children and Family Services under Section
16        5-23 of this Act.  The  Department  shall  be  given  due
17        notice of the pendency of the action and the Guardianship
18        Administrator  of  the  Department of Children and Family
19        Services shall be appointed guardian of the person of the
20        minor. Whenever the Department seeks to discharge a minor
21        from its care and service, the Guardianship Administrator
22        shall  petition  the  court  for  an  order   terminating
23        guardianship.    The   Guardianship   Administrator   may
24        designate one or more other officers of  the  Department,
25        appointed  as Department officers by administrative order
26        of the  Department  Director,  authorized  to  affix  the
27        signature  of the Guardianship Administrator to documents
28        affecting the guardian-ward relationship of children  for
29        whom  he or she has been appointed guardian at such times
30        as he or she is unable to perform the duties  of  his  or
31        her office. The signature authorization shall include but
32        not  be  limited  to  matters  of  consent  of  marriage,
33        enlistment   in  the  armed  forces,  legal  proceedings,
34        adoption,  major  medical  and  surgical  treatment   and
SB1339 Enrolled            -78-                LRB9011267SMpk
 1        application     for     driver's    license.    Signature
 2        authorizations made pursuant to the  provisions  of  this
 3        paragraph  shall be filed with the Secretary of State and
 4        the Secretary of State shall provide upon payment of  the
 5        customary  fee,  certified copies of the authorization to
 6        any court or individual who requests a copy.
 7        (1.5)  In making a determination under this Section,  the
 8    court  shall  also consider whether, based on health, safety,
 9    and the best interests of the minor,
10             (a)  appropriate   services    aimed    at    family
11        preservation   and   family   reunification   have   been
12        unsuccessful  in  rectifying the conditions that have led
13        to a finding of  unfitness  or  inability  to  care  for,
14        protect, train, or discipline the minor, or
15             (b)  no  family preservation or family reunification
16        services would be appropriate,
17    and  if  the  petition  or  amended  petition  contained   an
18    allegation  that  the parent is an unfit person as defined in
19    subdivision (D) of Section 1 of the  Adoption  Act,  and  the
20    order  of  adjudication  recites  that parental unfitness was
21    established by  clear  and  convincing  evidence,  the  court
22    shall,  when  appropriate  and  in  the  best interest of the
23    minor,  enter  an  order  terminating  parental  rights   and
24    appointing  a  guardian  with power to consent to adoption in
25    accordance with Section 2-29.
26        When making a placement, the  court,  wherever  possible,
27    shall  require the Department of Children and Family Services
28    to select a person holding the same religious belief as  that
29    of  the  minor  or  a private agency controlled by persons of
30    like religious faith of  the  minor  and  shall  require  the
31    Department to otherwise comply with Section 7 of the Children
32    and  Family  Services  Act in placing the child. In addition,
33    whenever alternative plans for placement are  available,  the
34    court shall ascertain and consider, to the extent appropriate
SB1339 Enrolled            -79-                LRB9011267SMpk
 1    in  the  particular  case,  the  views and preferences of the
 2    minor.
 3        (2)  When a minor is placed with a suitable  relative  or
 4    other  person  pursuant  to  item  (a) of subsection (1), the
 5    court shall  appoint  him  or  her  the  legal  custodian  or
 6    guardian  of  the  person  of  the  minor.  When  a  minor is
 7    committed to any agency, the court shall appoint  the  proper
 8    officer  or  representative  thereof  as  legal  custodian or
 9    guardian of the person of the  minor.  Legal  custodians  and
10    guardians  of  the  person  of  the minor have the respective
11    rights and duties set forth in subsection (9) of Section  1-3
12    except  as  otherwise  provided  by  order  of  court; but no
13    guardian of the person may consent to adoption of  the  minor
14    unless  that  authority  is  conferred  upon  him  or  her in
15    accordance with Section 2-29. An agency whose  representative
16    is appointed guardian of the person or legal custodian of the
17    minor may place the minor in any child care facility, but the
18    facility must be licensed under the Child Care Act of 1969 or
19    have  been  approved by the Department of Children and Family
20    Services  as  meeting  the  standards  established  for  such
21    licensing. No agency may  place  a  minor  adjudicated  under
22    Sections  2-3  or  2-4  in  a  child care facility unless the
23    placement is in compliance with the rules and regulations for
24    placement under this Section promulgated by the Department of
25    Children and Family Services under Section 5 of the  Children
26    and  Family  Services  Act.  Like  authority and restrictions
27    shall be conferred by the court upon  any  probation  officer
28    who has been appointed guardian of the person of a minor.
29        (3)  No  placement  by  any  probation  officer or agency
30    whose representative is appointed guardian of the  person  or
31    legal  custodian  of  a minor may be made in any out of State
32    child care facility unless it complies  with  the  Interstate
33    Compact  on  the  Placement  of  Children.   Placement with a
34    parent, however, is not subject to that Interstate Compact.
SB1339 Enrolled            -80-                LRB9011267SMpk
 1        (4)  The clerk of the court  shall  issue  to  the  legal
 2    custodian  or  guardian of the person a certified copy of the
 3    order of court, as proof of his authority. No  other  process
 4    is necessary as authority for the keeping of the minor.
 5        (5)  Custody  or  guardianship granted under this Section
 6    continues until the court otherwise directs,  but  not  after
 7    the  minor reaches the age of 19 years except as set forth in
 8    Section 2-31.
 9        (6)  (Blank). At the  dispositional  hearing,  the  court
10    shall  consider  whether it is appropriate for a motion to be
11    filed to terminate parental rights  and  appoint  a  guardian
12    with power to consent to adoption with regard to a parent:
13             (A)  whose identity still remains unknown;
14             (B)  whose whereabouts remain unknown;
15             (C)  who  was  found  in default at the adjudicatory
16        hearing and has not obtained an order setting  aside  the
17        default  in accordance with Section 2-1301 of the Code of
18        Civil Procedure.
19        Notice to a parent for whom an order of default has  been
20    entered  on  the  petition  for wardship and has not been set
21    aside shall be provided in accordance with Sections 2-15  and
22    2-16.  If a parent's identity or whereabouts are unknown, and
23    a  diligent inquiry for such parent has been made at any time
24    within  the  preceding  12  months,  no  further  inquiry  is
25    required to support notice by publication.
26        If the court determines such a motion to be  appropriate,
27    it may order the motion to be filed.  The court, upon motion,
28    may   enter   an   order  terminating  parental  rights  upon
29    appropriate finding and appoint  a  guardian  with  power  to
30    consent to adoption in accordance with this subsection before
31    or at the first permanency hearing.
32    (Source:  P.A.  89-21,  eff.  7-1-95;  89-422;  89-626,  eff.
33    8-9-96;  90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
34    8-22-97; revised 11-17-97.)
SB1339 Enrolled            -81-                LRB9011267SMpk
 1        (705 ILCS 405/2-27.1 new)
 2        Sec. 2-27.1.  Placement; secure child care facility.
 3        (1)  A minor under 18 years of age  and  who  is  subject
 4    under  Article II of this Act to a secure child care facility
 5    may be admitted to a secure child care facility for inpatient
 6    treatment upon application to the facility director if, prior
 7    to admission, the facility director and the Director  of  the
 8    Department  of Children and Family Services or the Director's
 9    designate find that:  the  minor  has  a  mental  illness  or
10    emotional   disturbance,  including  but  not  limited  to  a
11    behavior disorder, of  such  severity  that  placement  in  a
12    secure  child  care  facility  is  necessary  because  in the
13    absence of such a placement, the minor is likely to  endanger
14    self  or  others  or not meet his or her basic needs and this
15    placement is the least  restrictive  alternative.   Prior  to
16    admission,   a   psychiatrist,  clinical  social  worker,  or
17    clinical psychologist who has personally examined  the  minor
18    shall state in writing that the minor meets the standards for
19    admission. The statement must set forth in detail the reasons
20    for  that  conclusion and shall indicate what alternatives to
21    secure treatment have been explored. When the minor is placed
22    in a child care facility which includes a secure  child  care
23    facility  in  addition to a less restrictive setting, and the
24    application for admission  states  that  the  minor  will  be
25    permanently  placed  in  the  less restrictive setting of the
26    child care facility as part of his  or  her  permanency  plan
27    after   the   need   for  secure  treatment  has  ended,  the
28    psychiatrist,   clinical   social   worker,    or    clinical
29    psychologist  shall state the reasons for the minor's need to
30    be placed in secure treatment, the conditions under which the
31    minor may be placed in the less restrictive  setting  of  the
32    facility,  and  the conditions under which the minor may need
33    to be returned to secure treatment.
34        (2)  The application for  admission  under  this  Section
SB1339 Enrolled            -82-                LRB9011267SMpk
 1    shall  contain,  in large bold-face type, a statement written
 2    in simple non-technical terms of the minor's right to  object
 3    and the right to a hearing.  A minor 12 years of age or older
 4    must  be  given  a  copy of the application and the statement
 5    should be explained  to  him  or  her  in  an  understandable
 6    manner.  A copy of the application shall also be given to the
 7    person  who executed it, the designate of the Director of the
 8    Department of  Children  and  Family  Services,  the  minor's
 9    parent,  the  minor's attorney, and, if the minor is 12 years
10    of  age  or  older,  2  other  persons  whom  the  minor  may
11    designate,  excluding  persons   whose   whereabouts   cannot
12    reasonably be ascertained.
13        (3)  Thirty  days  after admission, the facility director
14    shall review the minor's  record  and  assess  the  need  for
15    continuing  placement  in a secure child care facility.  When
16    the minor has been placed in  a  child  care  facility  which
17    includes  a  secure child care facility in addition to a less
18    restrictive setting, and the application for admission states
19    that the  minor  will  be  permanently  placed  in  the  less
20    restrictive setting of the child care facility as part of his
21    or  her  permanency  plan after the need for secure treatment
22    has ended, the facility  director  shall  review  the  stated
23    reasons   for  the  minor's  need  to  be  placed  in  secure
24    treatment, the conditions under which the minor may be placed
25    in the less restrictive setting  of  the  facility,  and  the
26    conditions  under  which the minor may need to be returned to
27    secure treatment.  The director of the facility shall consult
28    with the designate of  the  Director  of  the  Department  of
29    Children  and  Family  Services and request authorization for
30    continuing placement of the minor.  Request and authorization
31    should be  noted  in  the  minor's  record.   Every  60  days
32    thereafter  a review shall be conducted and new authorization
33    shall be secured from the designate for as long as  placement
34    continues.    Failure   or  refusal  to  authorize  continued
SB1339 Enrolled            -83-                LRB9011267SMpk
 1    placement  shall  constitute  a  request  for   the   minor's
 2    discharge.
 3        (4)  At  any  time during a minor's placement in a secure
 4    child care  facility,  an  objection  may  be  made  to  that
 5    placement  by  the  minor,  the minor's parents (except where
 6    parental rights have been terminated), the  minor's  guardian
 7    ad  litem,  or  the  minor's  attorney.  When an objection is
 8    made,  the  minor  shall  be  discharged  at   the   earliest
 9    appropriate  time not to exceed 15 days, including Saturdays,
10    Sundays, and holidays unless the objection  is  withdrawn  in
11    writing  or  unless, within that time, the Director or his or
12    her designate files with the Court a petition for  review  of
13    the  admission.   The  petition  must  be  accompanied  by  a
14    certificate signed by a psychiatrist, clinical social worker,
15    or  clinical  psychologist.   The  certificate shall be based
16    upon a personal examination and shall specify that the  minor
17    has  a  mental  illness  or  an emotional disturbance of such
18    severity that placement in a secure  facility  is  necessary,
19    that  the  minor  can benefit from the placement, that a less
20    restrictive alternative is  not  appropriate,  and  that  the
21    placement is in the minor's best interest.
22        (5)  Upon  receipt  of  a petition, the court shall set a
23    hearing to  be  held  within  5  days,  excluding  Saturdays,
24    Sundays, and holidays.  The court shall direct that notice of
25    the  time  and  place of the hearing shall be served upon the
26    minor, his or her attorney and the minor's guardian ad litem,
27    the  Director  of  the  Department  of  Children  and  Family
28    Services or his or her designate, the State's  Attorney,  and
29    the attorney for the parents.
30        (6)  The  court shall order the minor discharged from the
31    secure child care facility if it determines  that  the  minor
32    does  not  have  a mental illness or emotional disturbance of
33    such  severity  that  placement  in  a  secure  facility   is
34    necessary,  or  if  it  determines  that  a  less restrictive
SB1339 Enrolled            -84-                LRB9011267SMpk
 1    alternative is appropriate.
 2        (7)  If however, the court finds that the minor does have
 3    a mental illness or an emotional disturbance  for  which  the
 4    minor  is  likely  to  benefit from treatment but that a less
 5    restrictive alternative is appropriate, the court shall order
 6    that the Department of Children and Family Services prepare a
 7    case plan for the minor which permits  alternative  treatment
 8    which  is  capable of providing adequate and humane treatment
 9    in the least restrictive setting that is appropriate  to  the
10    minor's  condition and serves the minor's best interests, and
11    shall authorize the continued placement of the minor  in  the
12    secure  child  care  facility.   At  each  permanency hearing
13    conducted thereafter, the court shall determine  whether  the
14    minor does not have a mental illness or emotional disturbance
15    of  such  severity  that  placement  in  a secure facility is
16    necessary  or,  if  a   less   restrictive   alternative   is
17    appropriate.   If  either  of these 2 conditions are not met,
18    the court shall order the minor discharged  from  the  secure
19    child care facility.
20        (8)  Unwillingness  or  inability  of  the  Department of
21    Children and Family Services to  find  a  placement  for  the
22    minor  shall not be grounds for the court's refusing to order
23    discharge of the minor.
24        (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
25        Sec. 2-28. Court review in  counties  with  a  population
26    under 3,000,000.
27        (0.5)  This Section applies in counties with a population
28    under 3,000,000.
29        (1)  The   court  may  require  any  legal  custodian  or
30    guardian of the person appointed under  this  Act  to  report
31    periodically  to  the  court  or  may cite him into court and
32    require him or his agency, to make a full and accurate report
33    of his or its doings in behalf of the minor.   The  custodian
SB1339 Enrolled            -85-                LRB9011267SMpk
 1    or  guardian,  within 10 days after such citation, shall make
 2    the report, either in writing verified by affidavit or orally
 3    under oath in open court, or otherwise as the court  directs.
 4    Upon  the  hearing  of  the  report  the court may remove the
 5    custodian or guardian and appoint another  in  his  stead  or
 6    restore  the  minor  to  the custody of his parents or former
 7    guardian or custodian.  However, custody of the  minor  shall
 8    not be restored to any parent, guardian or legal custodian in
 9    any  case  in  which  the  minor  is found to be neglected or
10    abused under Section 2-3 or dependent under  Section  2-4  of
11    this  Act,  unless the minor can be cared for at home without
12    endangering the minor's health or safety and  it  is  in  the
13    best  interests  of the minor, and if such neglect, or abuse,
14    or dependency is found by the court under paragraph  (1)  (2)
15    of  Section  2-21  of  this Act to have come about due to the
16    acts or omissions or both of be the result of physical  abuse
17    inflicted  on  the  minor  by  such parent, guardian or legal
18    custodian, until such time as an  investigation  is  made  as
19    provided  in paragraph (5) and a hearing is held on the issue
20    of the fitness of such parent, guardian or legal custodian to
21    care for the minor and the court enters an  order  that  such
22    parent,  guardian  or  legal custodian is fit to care for the
23    minor.
24        (2)  In counties under 3,000,000  population,  The  first
25    permanency  hearing hearings shall be conducted by the judge.
26    In counties with a population of 3,000,000 or more, the first
27    permanency hearing shall be conducted by a judge.  Subsequent
28    permanency hearings may be heard by a  judge  or  by  hearing
29    officers appointed or approved by the court in the manner set
30    forth  in  Section  2-28.1  of  this Act. The initial hearing
31    shall be held (a) within 12 months from  the  date  temporary
32    custody was taken, (b) if the parental rights of both parents
33    have   been  terminated  in  accordance  with  the  procedure
34    described in subsection (5) of Section 2-21, within  30  days
SB1339 Enrolled            -86-                LRB9011267SMpk
 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
SB1339 Enrolled            -87-                LRB9011267SMpk
 1    prepare for independent living.  The agency's written  report
 2    must  detail what progress or lack of progress the parent has
 3    made in correcting the conditions requiring the child  to  be
 4    in  care;  whether  the  child  can  be returned home without
 5    jeopardizing the child's health, safety, and welfare, and  if
 6    not,  what  permanency  goal is recommended to be in the best
 7    interests of the child, and why the  other  permanency  goals
 8    are  not appropriate.  The caseworker must appear and testify
 9    at the permanency hearing.  If a permanency hearing  has  not
10    previously  been  scheduled  by  the  court, the moving party
11    shall move for the setting of a permanency  hearing  and  the
12    entry  of  an  order within the time frames set forth in this
13    subsection.
14        At the permanency hearing, the court shall determine  the
15    future  status  of the child.  The court shall set one of the
16    following permanency goals:
17             (A)  The minor will be returned home by  a  specific
18        date within 5 months.
19             (B)  The  minor  will  be  in short-term care with a
20        continued goal to return home  within  a  period  not  to
21        exceed  one  year,  where  the  progress of the parent or
22        parents is substantial giving particular consideration to
23        the age and individual needs of the minor.
24             (B-1)  The minor will be in short-term care  with  a
25        continued  goal  to return home pending a status hearing.
26        When  the  court  finds  that  a  parent  has  not   made
27        reasonable  efforts  or  reasonable progress to date, the
28        court shall identify what  actions  the  parent  and  the
29        Department  must  take  in  order to justify a finding of
30        reasonable efforts or reasonable progress and shall set a
31        status hearing to be held not earlier than 9 months  from
32        the  date  of  adjudication nor later than 11 months from
33        the  date  of  adjudication  during  which  the  parent's
34        progress will again be reviewed.
SB1339 Enrolled            -88-                LRB9011267SMpk
 1             (C)  The minor will be in  substitute  care  pending
 2        court determination on termination of parental rights.
 3             (D)  Adoption,  provided  that  parental rights have
 4        been terminated or relinquished.
 5             (E)  The  guardianship  of   the   minor   will   be
 6        transferred  to  an  individual  or couple on a permanent
 7        basis provided that goals (A) through (D) have been ruled
 8        out.
 9             (F)  The minor over age 12  will  be  in  substitute
10        care pending independence.
11             (G)  The minor will be in substitute care because he
12        or  she  cannot be provided for in a home environment due
13        to  developmental  disabilities  or  mental  illness   or
14        because he or she is a danger to self or others, provided
15        that goals (A) through (D) have been ruled out.
16        In   selecting  any  permanency  goal,  the  court  shall
17    indicate in writing the reasons the goal was selected and why
18    the preceding goals were  ruled  out.  Where  the  court  has
19    selected a permanency goal other than (A), (B), or (B-1), the
20    Department  of Children and Family Services shall not provide
21    further reunification services, but  shall  provide  services
22    consistent with the goal selected.
23        The court shall set a consider the following factors when
24    setting  the  permanency goal that is in the best interest of
25    the child.   The  court's  determination  shall  include  the
26    following factors:
27             (1)  Age of the child.
28             (2)  Options available for permanence.
29             (3)  Current  placement  of the child and the intent
30        of the family regarding adoption.
31             (4)  Emotional,  physical,  and  mental  status   or
32        condition of the child.
33             (5)  Types   of   services  previously  offered  and
34        whether or not the services were successful and,  if  not
SB1339 Enrolled            -89-                LRB9011267SMpk
 1        successful, the reasons the services failed.
 2             (6)  Availability  of  services currently needed and
 3        whether the services exist.
 4             (7)  Status of siblings of the minor.
 5        The  court  shall  consider  (i)  the   permanency   goal
 6    contained  in  the  service plan, (ii) the appropriateness of
 7    the services contained in the plan and whether those services
 8    have been provided, (iii)  whether  reasonable  efforts  have
 9    been  made  by all the parties to the service plan to achieve
10    the goal, and (iv)  whether  the  plan  and  goal  have  been
11    achieved.    All   evidence  relevant  to  determining  these
12    questions,  including  oral  and  written  reports,  may   be
13    admitted  and  may  be  relied  on  to  the  extent  of their
14    probative value.
15        If the goal has been  achieved,  the  court  shall  enter
16    orders  that  are  necessary  to  conform  the  minor's legal
17    custody and status to those findings.
18        If, after receiving evidence, the court  determines  that
19    the  services  contained  in  the  plan  are  not  reasonably
20    calculated  to facilitate achievement of the permanency goal,
21    the court shall put in writing the factual  basis  supporting
22    the  determination  and  enter specific findings based on the
23    evidence.  The court  also  shall  enter  an  order  for  the
24    Department  to develop and implement a new service plan or to
25    implement changes to the current service plan consistent with
26    the court's findings.  The new service plan  shall  be  filed
27    with  the  court  and served on all parties within 45 days of
28    the date of the order.  The court shall continue  the  matter
29    until  the  new  service  plan  is  filed.   Unless otherwise
30    specifically authorized by law, the court  is  not  empowered
31    under  this  subsection  (2) or under subsection (3) to order
32    specific placements, specific services, or  specific  service
33    providers to be included in the plan.
34        A  guardian  or custodian appointed by the court pursuant
SB1339 Enrolled            -90-                LRB9011267SMpk
 1    to this Act shall file updated  case  plans  with  the  court
 2    every 6 months.
 3        Rights   of  wards  of  the  court  under  this  Act  are
 4    enforceable against  any  public  agency  by  complaints  for
 5    relief  by  mandamus  filed  in any proceedings brought under
 6    this Act.
 7        (3)  Following the permanency hearing,  the  court  shall
 8    enter  a  written  order  that  includes  the  determinations
 9    required  under subsection (2) of this Section 2-28, and sets
10    forth the following:
11             (a)  The future status of the minor,  including  the
12        permanency  goal,  and any order necessary to conform the
13        minor's legal custody and status to  such  determination;
14        or
15             (b)  If  the  permanency goal of the minor cannot be
16        achieved immediately, the specific reasons for continuing
17        the minor in the care of the Department of  Children  and
18        Family Services or other agency for short term placement,
19        and the following determinations:
20                  (i)  (Blank).
21                  (ii)  Whether  the  services  required  by  the
22             court  and  by  any service plan prepared within the
23             prior 6 months have been provided  and  (A)  if  so,
24             whether  the  services were reasonably calculated to
25             facilitate the achievement of the permanency goal or
26             (B) if not  provided,  why  the  services  were  not
27             provided.
28                  (iii)  Whether   the   minor's   placement   is
29             necessary,  and  appropriate  to  the plan and goal,
30             recognizing  the  right  of  minors  to  the   least
31             restrictive (most family-like) setting available and
32             in  close  proximity to the parents' home consistent
33             with the health, safety, best interest  and  special
34             needs  of  the  minor  and,  if  the minor is placed
SB1339 Enrolled            -91-                LRB9011267SMpk
 1             out-of-State,  whether  the  out-of-State  placement
 2             continues to be appropriate and consistent with  the
 3             health, safety, and best interest of the minor.
 4                  (iv)  (Blank).
 5                  (v)  (Blank).
 6        Any  order  entered pursuant to this subsection (3) shall
 7    be immediately appealable as a matter of right under  Supreme
 8    Court Rule 304(b)(1).
 9        (4)  The  minor or any person interested in the minor may
10    apply to the court for a change in custody of the  minor  and
11    the  appointment of a new custodian or guardian of the person
12    or for the restoration of the minor to  the  custody  of  his
13    parents or former guardian or custodian.
14        When return home is not selected as the permanency goal:
15             (a)  The  Department, the minor, State's Attorney or
16        the current foster parent or relative  caregiver  seeking
17        private  guardianship  may  file  a  motion  for  private
18        guardianship  of  the  minor.   Appointment of a guardian
19        under this Section requires approval of the court and the
20        Department of Children and Family Services.
21             (b)  The State's  Attorney  may  file  a  motion  to
22        terminate parental rights of any parent who has failed to
23        make  reasonable  efforts to correct the conditions which
24        led to the removal of the child  or  reasonable  progress
25        toward the return of the child, as defined in subdivision
26        (D)(m)  of  Section 1 of the Adoption Act or for whom any
27        other unfitness ground for terminating parental rights as
28        defined in subdivision (D) of Section 1 of  the  Adoption
29        Act exists.
30        Custody of the minor shall not be restored to any parent,
31    guardian or legal custodian in any case in which the minor is
32    found  to  be  neglected  or  abused  under  Section  2-3  or
33    dependent under Section 2-4 of this Act, unless the minor can
34    be cared for at home without endangering his or her health or
SB1339 Enrolled            -92-                LRB9011267SMpk
 1    safety  and  it  is in the best interest of the minor, and if
 2    such neglect, or abuse, or dependency is found by  the  court
 3    under  paragraph  (1) (2) of Section 2-21 of this Act to have
 4    come about due to the acts or omissions or  both  of  be  the
 5    result  of  physical  abuse  inflicted  on  the minor by such
 6    parent, guardian or legal custodian, until such  time  as  an
 7    investigation  is made as provided in paragraph (5) (4) and a
 8    hearing is held on the issue of the health, safety  and  best
 9    interest  of  the  minor  and  the  fitness  of  such parent,
10    guardian or legal custodian to care for  the  minor  and  the
11    court  enters  an  order  that such parent, guardian or legal
12    custodian is fit to care for the minor.  In  the  event  that
13    the  minor  has  attained 18 years of age and the guardian or
14    custodian petitions the court for an  order  terminating  his
15    guardianship   or  custody,  guardianship  or  custody  shall
16    terminate automatically 30 days  after  the  receipt  of  the
17    petition   unless  the  court  orders  otherwise.   No  legal
18    custodian or guardian of the person may  be  removed  without
19    his consent until given notice and an opportunity to be heard
20    by the court.
21        When  the court orders a child restored to the custody of
22    the parent or parents, the court shall order  the  parent  or
23    parents  to  cooperate  with  the  Department of Children and
24    Family Services and comply with the terms  of  an  after-care
25    plan,  or  risk the loss of custody of the child and possible
26    termination of their parental rights.   The  court  may  also
27    enter  an  order of protective supervision in accordance with
28    Section 2-24.
29        (5)  Whenever a  parent,  guardian,  or  legal  custodian
30    files  a  motion for restoration of custody of the minor, and
31    the minor was adjudicated neglected, or abused, or  dependent
32    as  a  result  of physical abuse, the court shall cause to be
33    made an investigation as to whether the movant has ever  been
34    charged with or convicted of any criminal offense which would
SB1339 Enrolled            -93-                LRB9011267SMpk
 1    indicate  the likelihood of any further physical abuse to the
 2    minor.  Evidence of such criminal convictions shall be  taken
 3    into  account  in  determining whether the minor can be cared
 4    for at home without endangering his or her health  or  safety
 5    and fitness of the parent, guardian, or legal custodian.
 6             (a)  Any  agency  of  this  State or any subdivision
 7        thereof shall co-operate with the agent of the  court  in
 8        providing any information sought in the investigation.
 9             (b)  The  information derived from the investigation
10        and any conclusions or recommendations derived  from  the
11        information shall be provided to the parent, guardian, or
12        legal  custodian  seeking restoration of custody prior to
13        the hearing on fitness  and  the  movant  shall  have  an
14        opportunity  at  the hearing to refute the information or
15        contest its significance.
16             (c)  All information obtained from any investigation
17        shall be confidential as provided in Section 1-10 of this
18        Act.
19    (Source:  P.A.  89-17,  eff.  5-31-95;  89-21,  eff.  7-1-95;
20    89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff.  1-1-98;
21    90-87, eff. 9-1-97; revised 11-12-97.)
22        (705 ILCS 405/2-28.1)
23        Sec.   2-28.1.  Permanency   hearings;   before   hearing
24    officers.
25        (a)  The  chief  judge  of  the circuit court may appoint
26    hearing officers to conduct the permanency hearings set forth
27    in subsection (2)  of  Section  2-28  or  subsection  (c)  of
28    Section   2-28.01   of  this  Act,  in  accordance  with  the
29    provisions of this Section.  The hearing  officers  shall  be
30    attorneys with at least 3 years experience in child abuse and
31    neglect  or  permanency  planning  and  in  counties  with  a
32    population   of   3,000,000  or  more,  any  hearing  officer
33    appointed after  September  1,  1997,  must  be  an  attorney
SB1339 Enrolled            -94-                LRB9011267SMpk
 1    admitted  to  practice for at least 7 years.  Once trained by
 2    the court, hearing officers shall be  authorized  to  do  the
 3    following:
 4             (1)  Conduct a fair and impartial hearing.
 5             (2)  Summon and compel the attendance of witnesses.
 6             (3)  Administer  the  oath  or  affirmation and take
 7        testimony under oath or affirmation.
 8             (4)  Require the production of evidence relevant  to
 9        the  permanency  hearing  to be conducted.  That evidence
10        may include, but need  not  be  limited  to  case  plans,
11        social  histories, medical and psychological evaluations,
12        child placement histories, visitation records, and  other
13        documents and writings applicable to those items.
14             (5)  Rule on the admissibility of evidence using the
15        standard applied at a dispositional hearing under Section
16        2-22 of this Act.
17             (6)  When  necessary,  cause  notices  to  be issued
18        requiring parties, the public agency that is custodian or
19        guardian of the minor, or another agency responsible  for
20        the  minor's  care  to  appear  either before the hearing
21        officer or in court.
22             (7)  Analyze the evidence presented to  the  hearing
23        officer and prepare written recommended orders, including
24        findings of fact, based on the evidence.
25             (8)  Prior  to the hearing, conduct any pre-hearings
26        that may be necessary.
27             (9)  Conduct in camera interviews with children when
28        requested by a child or the child's guardian ad litem.
29    In counties with a population of 3,000,000 or  more,  hearing
30    officers shall also be authorized to do the following:
31             (i)  (1) (10)  Accept specific consents for adoption
32        or  surrenders  of  parental  rights  from  a  parent  or
33        parents.
34             (ii) (2) (11)  Conduct hearings on the progress made
SB1339 Enrolled            -95-                LRB9011267SMpk
 1        toward the permanency goal set for the minor.
 2             (iii) (3) (12)  Perform other duties as assigned  by
 3        the court.
 4        (b)  The  hearing  officer  shall  consider  evidence and
 5    conduct the permanency hearings as set forth  in  subsections
 6    (2)  and  (3)  of  Section  2-28 or subsection (c) of Section
 7    2-28.01 of this Act in  accordance  with  the  standards  set
 8    forth  therein.   The  hearing  officer  shall  assure that a
 9    verbatim record of the proceedings is made and retained for a
10    period of 12 months or until  the  next  permanency  hearing,
11    whichever date is later, and shall direct to the clerk of the
12    court all documents and evidence to be made part of the court
13    file.   The  hearing officer shall inform the participants of
14    their individual rights and  responsibilities.   The  hearing
15    officer  shall  identify  the  issues  to  be  reviewed under
16    subsection (2) of Section 2-28 or subsection (c)  of  Section
17    2-28.01,  consider all relevant facts, and receive or request
18    any additional information necessary to make  recommendations
19    to the court.
20        If  a  party  fails to appear at the hearing, the hearing
21    officer may  proceed  to  the  permanency  hearing  with  the
22    parties  present  at  the hearing.  The hearing officer shall
23    specifically note for the court the absence of  any  parties.
24    If all parties are present at the permanency hearing, and the
25    parties  and the Department are in agreement that the service
26    plan and permanency goal are appropriate or are in  agreement
27    that the permanency goal for the child has been achieved, the
28    hearing  officer shall prepare a recommended order, including
29    findings of fact, to be  submitted  to  the  court,  and  all
30    parties  and  the Department shall sign the recommended order
31    at the time of the hearing.  The recommended order will  then
32    be submitted to the court for its immediate consideration and
33    the entry of an appropriate order.
34        The   court  may  enter  an  order  consistent  with  the
SB1339 Enrolled            -96-                LRB9011267SMpk
 1    recommended order without further hearing or  notice  to  the
 2    parties,  may  refer  the  matter  to the hearing officer for
 3    further proceedings, or may hold such additional hearings  as
 4    the  court  deems  necessary.   All  parties  present  at the
 5    hearing and the Department shall be tendered a  copy  of  the
 6    court's order at the conclusion of the hearing.
 7        (c)  If  one  or  more  parties  are  not  present at the
 8    permanency  hearing,  or  any  party  or  the  Department  of
 9    Children and Family Services objects to the hearing officer's
10    recommended  order,  including  any  findings  of  fact,  the
11    hearing  officer  shall  set  the  matter  for   a   judicial
12    determination  within  30  days of the permanency hearing for
13    the entry of the recommended order  or  for  receipt  of  the
14    parties'  objections.  Any objections shall be in writing and
15    identify the specific findings or  recommendations  that  are
16    contested,  the basis for the objections, and the evidence or
17    applicable law supporting  the  objection.   The  recommended
18    order  and  its contents may not be disclosed to anyone other
19    than the parties and the Department or  other  agency  unless
20    otherwise specifically ordered by a judge of the court.
21        Following  the receipt of objections consistent with this
22    subsection from any party or the Department of  Children  and
23    Family  Services to the hearing officer's recommended orders,
24    the court  shall  make  a  judicial  determination  of  those
25    portions  of  the  order  to  which objections were made, and
26    shall enter an appropriate order.  The court  may  refuse  to
27    review  any  objections that fail to meet the requirements of
28    this subsection.
29        (d)  The following are judicial functions  and  shall  be
30    performed only by a circuit judge or associate judge:
31             (1)  Review of the recommended orders of the hearing
32        officer and entry of orders the court deems appropriate.
33             (2)  Conduct of judicial hearings on all pre-hearing
34        motions  and other matters that require a court order and
SB1339 Enrolled            -97-                LRB9011267SMpk
 1        entry of orders as the court deems appropriate.
 2             (3)  Conduct  of  judicial  determinations  on   all
 3        matters  in  which  the  parties  or  the  Department  of
 4        Children  and  Family  Services disagree with the hearing
 5        officer's recommended orders under subsection (3).
 6             (4)  Issuance of rules to  show  cause,  conduct  of
 7        contempt   proceedings,  and  imposition  of  appropriate
 8        sanctions or relief.
 9    (Source: P.A. 89-17, eff. 5-31-95; 90-27, eff. 1-1-98; 90-28,
10    eff. 1-1-98; 90-87, eff. 9-1-97; revised 11-12-97.)
11        (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
12        Sec. 2-29.  Adoption; appointment of guardian with  power
13    to consent.
14        (1)  With  leave of the court, a minor who is the subject
15    of an abuse, neglect, or dependency petition under  this  Act
16    may  be  the  subject  of  a  petition for adoption under the
17    Adoption Act.
18        (1.1)  The parent or parents of a child in whose interest
19    a petition under Section 2-13 of this Act is pending may,  in
20    the manner required by the Adoption Act, (a) surrender him or
21    her  for adoption to an agency legally authorized or licensed
22    to place children for adoption, (b) consent  to  his  or  her
23    adoption,  or  (c)  consent  to  his  or  her  adoption  by a
24    specified person or persons. Nothing in this Section requires
25    that the parent or parents execute the surrender, consent, or
26    consent to adoption by a specified person in open court.
27        (2)  If a petition or motion alleges and the court  finds
28    that  it  is  in the best interest of the minor that parental
29    rights be terminated and the petition or motion requests that
30    a guardian of the  person  be  appointed  and  authorized  to
31    consent  to  the  adoption  of the minor, the court, with the
32    consent of the parents, if living, or  after  finding,  based
33    upon clear and convincing evidence, that a parent is an unfit
SB1339 Enrolled            -98-                LRB9011267SMpk
 1    person  as  defined  in  Section  1  of the Adoption Act, may
 2    terminate parental rights and empower  the  guardian  of  the
 3    person  of  the  minor, in the order appointing him or her as
 4    such guardian, to appear in court where any  proceedings  for
 5    the  adoption  of the minor may at any time be pending and to
 6    consent to  the  adoption.  Such  consent  is  sufficient  to
 7    authorize  the  court  in the adoption proceedings to enter a
 8    proper order or judgment of adoption without  further  notice
 9    to,  or  consent  by,  the  parents of the minor. An order so
10    empowering the guardian to consent to adoption  deprives  the
11    parents  of  the  minor  of  all legal rights as respects the
12    minor and relieves them of all  parental  responsibility  for
13    him  or  her,  and  frees  the  minor from all obligations of
14    maintenance and obedience to his or her natural parents.
15        If the minor is over 14 years of age, the court  may,  in
16    its   discretion,   consider  the  wishes  of  the  minor  in
17    determining whether the best interests of the minor would  be
18    promoted  by the finding of the unfitness of a non-consenting
19    parent.
20        (2.1)  Notice to a parent who has appeared or been served
21    with summons personally or by certified mail, and for whom an
22    order of  default  has  been  entered  on  the  petition  for
23    wardship  and  has  not  been  set aside shall be provided in
24    accordance with Supreme Court Rule 11.  Notice  to  a  parent
25    who  was  served  by  publication  and  for  whom an order of
26    default has been entered on the petition for wardship and has
27    not been set aside  shall  be  provided  in  accordance  with
28    Sections 2-15 and 2-16.
29        (3)  Parental  consent  to the order terminating parental
30    rights and authorizing the guardian of the person to  consent
31    to adoption of the minor shall be made in open court whenever
32    possible  and  otherwise must be in writing and signed in the
33    form  provided  in  the  Adoption  Act,  but  no   names   of
34    petitioners for adoption need be included.
SB1339 Enrolled            -99-                LRB9011267SMpk
 1        (4)  A  finding of the unfitness of a parent must be made
 2    in compliance with the Adoption Act, without  regard  to  the
 3    likelihood that the child will be placed for adoption, and be
 4    based  upon clear and convincing evidence.  Provisions of the
 5    Adoption Act relating to minor parents and to mentally ill or
 6    mentally deficient parents apply to  proceedings  under  this
 7    Section  and  any findings with respect to such parents shall
 8    be based upon clear and convincing evidence.
 9    (Source: P.A. 89-704, eff. 8-16-97 (changed  from  1-1-98  by
10    P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97.)
11        (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
12        Sec.   2-31.   Duration  of  wardship  and  discharge  of
13    proceedings.
14        (1)  All proceedings under this Act  in  respect  of  any
15    minor  for whom a petition was filed after the effective date
16    of this amendatory Act of 1991 automatically  terminate  upon
17    his  attaining  the  age of 19 years, except that a court may
18    continue the wardship of a minor until age 21 for good  cause
19    when  there  is  satisfactory evidence presented to the court
20    and the court makes written factual findings that the health,
21    safety, and best interest of the minor and the public require
22    the continuation of the wardship.
23        (2)  Whenever the court  determines,  and  makes  written
24    factual findings, that health, safety, and the best interests
25    of the minor and the public no longer require the wardship of
26    the  court, the court shall order the wardship terminated and
27    all proceedings under this Act respecting that minor  finally
28    closed  and  discharged.   The  court  may  at  the same time
29    continue  or  terminate  any  custodianship  or  guardianship
30    theretofore ordered but  the  termination  must  be  made  in
31    compliance   with  Section  2-28  or  2-28.01,  whichever  is
32    applicable.
33        (3)  The wardship of the minor and any  custodianship  or
SB1339 Enrolled            -100-               LRB9011267SMpk
 1    guardianship  respecting  the  minor  for whom a petition was
 2    filed after the effective date of this amendatory Act of 1991
 3    automatically terminates when he attains the age of 19  years
 4    except  as  set forth in subsection (1) of this Section.  The
 5    clerk of the court shall at that time record all  proceedings
 6    under  this  Act  as  finally  closed and discharged for that
 7    reason.
 8    (Source: P.A. 90-28, eff. 1-1-98; revised 11-12-97.)
 9        (705 ILCS 405/2-32)
10        Sec.  2-32.  Time  limit  for  relief  from  final  order
11    pursuant to a petition under Section 2-1401 of  the  Code  of
12    Civil  Procedure.   A  petition for relief from a final order
13    entered in a proceeding under this Act, after  30  days  from
14    the  entry  thereof under the provisions of Section 2-1401 of
15    the Code of Civil Procedure or otherwise, must be  filed  not
16    later than one year after the entry of the order or judgment.
17    (Source: P.A. 90-27, eff. 1-1-98.)
18        (705 ILCS 405/2-33 new)
19        Sec. 2-33. Supplemental petition to reinstate wardship.
20        (1)  Any  time prior to a minor's 18th birthday, pursuant
21    to a supplemental petition  filed  under  this  Section,  the
22    court  may  reinstate  wardship  and open a previously closed
23    case when:
24             (a)  wardship and guardianship  under  the  Juvenile
25        Court  Act  of  1987  was vacated in conjunction with the
26        appointment of a private guardian under the  Probate  Act
27        of 1975;
28             (b)  the  minor is not presently a ward of the court
29        under Article II of this Act nor is there a petition  for
30        adjudication  of wardship pending on behalf of the minor;
31        and
32             (c)  it  is  in  the  minor's  best  interest   that
SB1339 Enrolled            -101-               LRB9011267SMpk
 1        wardship be reinstated.
 2        (2)  The  supplemental petition must be filed in the same
 3    proceeding in  which  the  original  adjudication  order  was
 4    entered.   Unless  excused by court for good cause shown, the
 5    petitioner shall give notice of the time  and  place  of  the
 6    hearing  on  the supplemental petition, in person or by mail,
 7    to the minor, if the minor is 14 years of age or  older,  and
 8    to  the  parties  to  the  juvenile court proceeding.  Notice
 9    shall be provided at least 3 court days  in  advance  of  the
10    hearing date.
11        (705 ILCS 405/2-28.01 rep.)
12        Section 32.  The Juvenile Court Act of 1987 is amended by
13    repealing Section 2-28.01.
14        Section   35.    The   Mental  Health  and  Developmental
15    Disabilities  Confidentiality  Act  is  amended  by  changing
16    Sections 7.1 and 10 as follows:
17        (740 ILCS 110/7.1)
18        Sec. 7.1.  Interagency disclosures.
19        (a)  Nothing in this Act shall be  construed  to  prevent
20    the  interagency  disclosure  of  the  name,  social security
21    number,  and  information   concerning   services   rendered,
22    currently   being   rendered,  or  proposed  to  be  rendered
23    regarding a recipient of services.  This  disclosure  may  be
24    made  only  between  agencies  or  departments  of  the State
25    including, but not limited to: (i) the  Department  of  Human
26    Services,  (ii)  the  Department  of  Public  Aid,  (iii) the
27    Department of Public Health, and  (iv)  the  State  Board  of
28    Education,  and  (v)  the  Department  of Children and Family
29    Services for the purpose of a diligent search for  a  missing
30    parent  pursuant  to  Sections  2-15 and 2-16 of the Juvenile
31    Court Act of 1987 if the Department of  Children  and  Family
SB1339 Enrolled            -102-               LRB9011267SMpk
 1    Services  has  reason  to believe the parent is residing in a
 2    mental  health  facility,  when  one  or  more  agencies   or
 3    departments   of   the   State  have  entered  into  a  prior
 4    interagency  agreement,  memorandum  of   understanding,   or
 5    similar  agreement  to  jointly  provide  or cooperate in the
 6    provision of or funding of  mental  health  or  developmental
 7    disabilities services.
 8        The  Department of Children and Family Services shall not
 9    redisclose the information received under this Section  other
10    than  for  purposes  of service provision or as necessary for
11    proceedings under the Juvenile Court Act of 1987.
12        (b)  This Section applies to,  but  is  not  limited  to,
13    interagency  disclosures under interagency agreements entered
14    into in  compliance  with  the  Early  Intervention  Services
15    System Act.
16        (c)  Information  disclosed  under  this Section shall be
17    for the limited purpose  of  coordinating  State  efforts  in
18    providing  efficient interagency service systems and avoiding
19    duplication of interagency services.
20        (d)  Information disclosed under this  Section  shall  be
21    limited  to  the  recipient's  name, address, social security
22    number or other individually assigned identifying number,  or
23    information  generally descriptive of services rendered or to
24    be  rendered.   The  disclosure  of  individual  clinical  or
25    treatment records or other confidential  information  is  not
26    authorized by this Section.
27    (Source: P.A. 88-484; 89-507, eff. 7-1-97.)
28        (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
29        (Text  of  Section  WITH  the  changes made by P.A. 89-7,
30    which has been held unconstitutional)
31        Sec.  10.  Disclosure  in  civil,  criminal,  and   other
32    proceedings.
33        (a)  Except  as  provided herein, in any civil, criminal,
SB1339 Enrolled            -103-               LRB9011267SMpk
 1    administrative,  or  legislative  proceeding,   or   in   any
 2    proceeding  preliminary thereto, a recipient, and a therapist
 3    on behalf and  in  the  interest  of  a  recipient,  has  the
 4    privilege to refuse to disclose and to prevent the disclosure
 5    of the recipient's record or communications.
 6             (1)  Records  and communications may be disclosed in
 7        a civil, criminal or administrative proceeding  in  which
 8        the  recipient  introduces  his  mental  condition or any
 9        aspect of his services received for such condition as  an
10        element  of  his  claim  or  defense,  if and only to the
11        extent the court  in  which  the  proceedings  have  been
12        brought, or, in the case of an administrative proceeding,
13        the  court  to which an appeal or other action for review
14        of an administrative determination may be  taken,  finds,
15        after   in  camera  examination  of  testimony  or  other
16        evidence, that it  is  relevant,  probative,  not  unduly
17        prejudicial   or   inflammatory,  and  otherwise  clearly
18        admissible;   that   other   satisfactory   evidence   is
19        demonstrably unsatisfactory  as  evidence  of  the  facts
20        sought  to  be  established  by  such  evidence; and that
21        disclosure  is  more  important  to  the   interests   of
22        substantial  justice  than  protection from injury to the
23        therapist-recipient relationship or to the  recipient  or
24        other  whom  disclosure  is  likely to harm.  Except in a
25        criminal  proceeding  in  which  the  recipient,  who  is
26        accused  in  that  proceeding,  raises  the  defense   of
27        insanity,  no record or communication between a therapist
28        and a recipient shall be deemed relevant for purposes  of
29        this  subsection,  except the fact of treatment, the cost
30        of services and the ultimate diagnosis unless  the  party
31        seeking   disclosure   of   the   communication   clearly
32        establishes  in the trial court a compelling need for its
33        production.  However, for purposes of this  Act,  in  any
34        action  brought  or  defended under the Illinois Marriage
SB1339 Enrolled            -104-               LRB9011267SMpk
 1        and Dissolution of Marriage Act,  or  in  any  action  in
 2        which  pain  and  suffering  is  an element of the claim,
 3        mental condition shall not be  deemed  to  be  introduced
 4        merely  by  making  such  claim and shall be deemed to be
 5        introduced only if the recipient  or  a  witness  on  his
 6        behalf   first   testifies   concerning   the  record  or
 7        communication.
 8             (2)  Records or communications may be disclosed in a
 9        civil proceeding after the  recipient's  death  when  the
10        recipient's   physical   or  mental  condition  has  been
11        introduced as an element of a claim  or  defense  by  any
12        party  claiming  or defending through or as a beneficiary
13        of the recipient, provided  the  court  finds,  after  in
14        camera  examination of the evidence, that it is relevant,
15        probative, and otherwise clearly admissible;  that  other
16        satisfactory  evidence  is  not  available  regarding the
17        facts sought to be established by such evidence; and that
18        disclosure  is  more  important  to  the   interests   of
19        substantial justice than protection from any injury which
20        disclosure is likely to cause.
21             (3)  In the event of a claim made or an action filed
22        by  a  recipient, or, following the recipient's death, by
23        any party claiming as a beneficiary of the recipient  for
24        injury caused in the course of providing services to that
25        recipient,  the  therapist  may  testify  as to pertinent
26        records or communications in any administrative, judicial
27        or discovery proceeding for the purpose of preparing  and
28        presenting a defense against the claim or action.
29             (3.1)  A  therapist  has the right to communicate at
30        any time and in any fashion with his or her  own  counsel
31        or  professional  liability  insurance  carrier, or both,
32        concerning any care or treatment he or she  provided,  or
33        assisted in providing, to any patient.
34             (3.2)  A  therapist  has the right to communicate at
SB1339 Enrolled            -105-               LRB9011267SMpk
 1        any time and in any fashion with his or  her  present  or
 2        former   employer,   principal,   partner,   professional
 3        corporation, or professional liability insurance carrier,
 4        or counsel for any of those entities, concerning any care
 5        or   treatment   he  or  she  provided,  or  assisted  in
 6        providing, to any patient within the scope of his or  her
 7        employment,   affiliation,   or  other  agency  with  the
 8        employer,    principal,    partner,    or    professional
 9        corporation.
10             (4)  Records and communications  made  to  or  by  a
11        therapist in the course of examination ordered by a court
12        for  good  cause  shown  may,  if  otherwise relevant and
13        admissible,  be  disclosed  in  a  civil,  criminal,   or
14        administrative  proceeding  in  which  the recipient is a
15        party or in appropriate  pretrial  proceedings,  provided
16        such  court  has  found  that  the  recipient has been as
17        adequately and as effectively as possible informed before
18        submitting to such  examination  that  such  records  and
19        communications  would  not  be considered confidential or
20        privileged.  Such records  and  communications  shall  be
21        admissible  only  as  to issues involving the recipient's
22        physical or mental condition and only to the extent  that
23        these are germane to such proceedings.
24             (5)  Records  and communications may be disclosed in
25        a proceeding under the Probate Act of 1975, to  determine
26        a   recipient's  competency  or  need  for  guardianship,
27        provided that the disclosure is made only with respect to
28        that issue.
29             (6)  Records and  communications  may  be  disclosed
30        when  such  are made during treatment which the recipient
31        is ordered to undergo to render him fit to stand trial on
32        a criminal charge, provided that the disclosure  is  made
33        only with respect to the issue of fitness to stand trial.
34             (7)  Records and communications of the recipient may
SB1339 Enrolled            -106-               LRB9011267SMpk
 1        be  disclosed  in  any civil or administrative proceeding
 2        involving the validity  of  or  benefits  under  a  life,
 3        accident,   health  or  disability  insurance  policy  or
 4        certificate,  or  Health  Care  Service  Plan   Contract,
 5        insuring  the  recipient,  but  only if and to the extent
 6        that the recipient's mental condition,  or  treatment  or
 7        services  in  connection therewith, is a material element
 8        of any claim or  defense  of  any  party,  provided  that
 9        information  sought or disclosed shall not be redisclosed
10        except  in  connection  with  the  proceeding  in   which
11        disclosure is made.
12             (8)  Records or communications may be disclosed when
13        such  are  relevant  to  a  matter in issue in any action
14        brought  under  this  Act  and  proceedings   preliminary
15        thereto, provided that any information so disclosed shall
16        not  be utilized for any other purpose nor be redisclosed
17        except in connection  with  such  action  or  preliminary
18        proceedings.
19             (9)  Records and communications of the recipient may
20        be disclosed in investigations of and trials for homicide
21        when  the  disclosure  relates  directly  to  the fact or
22        immediate circumstances of the homicide.
23             (10)  Records  and  communications  of  a   deceased
24        recipient  may  be  disclosed  to  a coroner conducting a
25        preliminary  investigation  into  the  recipient's  death
26        under Section 3-3013  of  the  Counties  Code.   However,
27        records  and  communications  of  the  deceased recipient
28        disclosed in an investigation shall be limited solely  to
29        the   deceased  recipient's  records  and  communications
30        relating to the factual  circumstances  of  the  incident
31        being investigated in a mental health facility.
32             (11)  Records  and  communications  of  a  recipient
33        shall  be  disclosed  in a proceeding where a petition or
34        motion is filed under the Juvenile Court Act of 1987  and
SB1339 Enrolled            -107-               LRB9011267SMpk
 1        the  recipient  is  named as a parent, guardian, or legal
 2        custodian of a minor who is the subject of a petition for
 3        wardship as described in Section 2-3 of  that  Act  or  a
 4        minor  who  is  the subject of a petition for wardship as
 5        described in Section 2-4 of that Act alleging  the  minor
 6        is  abused,  neglected,  or dependent or the recipient is
 7        named as a parent of a child who  is  the  subject  of  a
 8        petition,  supplemental  petition, or motion to appoint a
 9        guardian with the power  to  consent  to  adoption  under
10        Section 2-29 of the Juvenile Court Act of 1987.
11        (b)  Before  a  disclosure  is made under subsection (a),
12    any party to the proceeding or any  other  interested  person
13    may   request   an   in   camera  review  of  the  record  or
14    communications  to  be  disclosed.   The  court   or   agency
15    conducting the proceeding may hold an in camera review on its
16    own  motion,  except  that  this  provision does not apply to
17    paragraph (3.1) of subsection  (a)  (regarding  consultations
18    between   a   therapist   and  his  or  her  own  counsel  or
19    professional liability insurance carrier) or paragraph  (3.2)
20    of   subsection   (a)   (regarding  consultations  between  a
21    therapist  and  his  or  her  employer,  principal,  partner,
22    professional corporation, or professional liability insurance
23    carrier, or counsel  for  any  of  those  entities).    When,
24    contrary  to the express wish of the recipient, the therapist
25    asserts a privilege on  behalf  and  in  the  interest  of  a
26    recipient, the court may require that the therapist, in an in
27    camera  hearing, establish that disclosure is not in the best
28    interest of the recipient.  The court or agency  may  prevent
29    disclosure  or  limit  disclosure  to  the  extent that other
30    admissible evidence is sufficient to establish the  facts  in
31    issue,   except  that  a  court  may  not  prevent  or  limit
32    disclosures between a therapist and his or her own counsel or
33    between a therapist  and  his  or  her  employer,  principal,
34    partner,  professional corporation, or professional liability
SB1339 Enrolled            -108-               LRB9011267SMpk
 1    insurance carrier, or counsel for any of those entities.  The
 2    court or agency may enter such orders as may be necessary  in
 3    order  to protect the confidentiality, privacy, and safety of
 4    the recipient or of other persons.  Any order to disclose  or
 5    to  not  disclose  shall  be  considered  a  final  order for
 6    purposes of appeal and  shall  be  subject  to  interlocutory
 7    appeal.
 8        (c)  A  recipient's  records  and  communications  may be
 9    disclosed to  a  duly  authorized  committee,  commission  or
10    subcommittee of the General Assembly which possesses subpoena
11    and  hearing  powers,  upon  a  written request approved by a
12    majority vote of the committee,  commission  or  subcommittee
13    members.   The  committee,  commission  or  subcommittee  may
14    request  records  only  for  the purposes of investigating or
15    studying  possible  violations  of  recipient  rights.    The
16    request  shall  state  the  purpose  for  which disclosure is
17    sought.
18        The facility shall notify the recipient, or his guardian,
19    and therapist in writing of any disclosure request under this
20    subsection within 5 business days after such  request.   Such
21    notification  shall  also  inform the recipient, or guardian,
22    and therapist of their right  to  object  to  the  disclosure
23    within 10 business days after receipt of the notification and
24    shall  include  the name, address and telephone number of the
25    committee, commission or subcommittee member or staff  person
26    with  whom  an objection shall be filed.  If no objection has
27    been filed within 15 business  days  after  the  request  for
28    disclosure,  the  facility  shall  disclose  the  records and
29    communications to the committee, commission or  subcommittee.
30    If  an objection has been filed within 15 business days after
31    the request for disclosure, the facility shall  disclose  the
32    records   and   communications   only  after  the  committee,
33    commission  or  subcommittee  has  permitted  the  recipient,
34    guardian or therapist to  present  his  objection  in  person
SB1339 Enrolled            -109-               LRB9011267SMpk
 1    before  it  and  has  renewed its request for disclosure by a
 2    majority vote of its members.
 3        Disclosure under this subsection shall  not  occur  until
 4    all   personally  identifiable  data  of  the  recipient  and
 5    provider are removed from  the  records  and  communications.
 6    Disclosure  under  this  subsection  shall  not  occur in any
 7    public proceeding.
 8        (d)  No  party  to   any   proceeding   described   under
 9    paragraphs  (1), (2), (3), (4), (7), or (8) of subsection (a)
10    of this Section, nor his  or  her  attorney,  shall  serve  a
11    subpoena   seeking   to   obtain   access   to   records   or
12    communications   under   this  Act  unless  the  subpoena  is
13    accompanied by a written order issued by a judge, authorizing
14    the  disclosure  of  the  records  or  the  issuance  of  the
15    subpoena. No person shall comply with a subpoena for  records
16    or  communications  under  this  Act,  unless the subpoena is
17    accompanied by a written order authorizing  the  issuance  of
18    the subpoena or the disclosure of the records.
19        This  amendatory  Act of 1995 applies to causes of action
20    filed on or after its effective date.
21    (Source: P.A. 89-7, eff. 3-9-95.)
22        (Text of Section WITHOUT the changes made by  P.A.  89-7,
23    which has been held unconstitutional)
24        Sec.  10.   (a)  Except as provided herein, in any civil,
25    criminal, administrative, or legislative  proceeding,  or  in
26    any  proceeding  preliminary  thereto,  a  recipient,  and  a
27    therapist  on  behalf and in the interest of a recipient, has
28    the privilege to  refuse  to  disclose  and  to  prevent  the
29    disclosure of the recipient's record or communications.
30             (1)  Records  and communications may be disclosed in
31        a civil, criminal or administrative proceeding  in  which
32        the  recipient  introduces  his  mental  condition or any
33        aspect of his services received for such condition as  an
34        element  of  his  claim  or  defense,  if and only to the
SB1339 Enrolled            -110-               LRB9011267SMpk
 1        extent the court  in  which  the  proceedings  have  been
 2        brought, or, in the case of an administrative proceeding,
 3        the  court  to which an appeal or other action for review
 4        of an administrative determination may be  taken,  finds,
 5        after   in  camera  examination  of  testimony  or  other
 6        evidence, that it  is  relevant,  probative,  not  unduly
 7        prejudicial   or   inflammatory,  and  otherwise  clearly
 8        admissible;   that   other   satisfactory   evidence   is
 9        demonstrably unsatisfactory  as  evidence  of  the  facts
10        sought  to  be  established  by  such  evidence; and that
11        disclosure  is  more  important  to  the   interests   of
12        substantial  justice  than  protection from injury to the
13        therapist-recipient relationship or to the  recipient  or
14        other  whom  disclosure  is  likely to harm.  Except in a
15        criminal  proceeding  in  which  the  recipient,  who  is
16        accused  in  that  proceeding,  raises  the  defense   of
17        insanity,  no record or communication between a therapist
18        and a recipient shall be deemed relevant for purposes  of
19        this  subsection,  except the fact of treatment, the cost
20        of services and the ultimate diagnosis unless  the  party
21        seeking   disclosure   of   the   communication   clearly
22        establishes  in the trial court a compelling need for its
23        production.  However, for purposes of this  Act,  in  any
24        action  brought  or  defended under the Illinois Marriage
25        and Dissolution of Marriage Act,  or  in  any  action  in
26        which  pain  and  suffering  is  an element of the claim,
27        mental condition shall not be  deemed  to  be  introduced
28        merely  by  making  such  claim and shall be deemed to be
29        introduced only if the recipient  or  a  witness  on  his
30        behalf   first   testifies   concerning   the  record  or
31        communication.
32             (2)  Records or communications may be disclosed in a
33        civil proceeding after the  recipient's  death  when  the
34        recipient's   physical   or  mental  condition  has  been
SB1339 Enrolled            -111-               LRB9011267SMpk
 1        introduced as an element of a claim  or  defense  by  any
 2        party  claiming  or defending through or as a beneficiary
 3        of the recipient, provided  the  court  finds,  after  in
 4        camera  examination of the evidence, that it is relevant,
 5        probative, and otherwise clearly admissible;  that  other
 6        satisfactory  evidence  is  not  available  regarding the
 7        facts sought to be established by such evidence; and that
 8        disclosure  is  more  important  to  the   interests   of
 9        substantial justice than protection from any injury which
10        disclosure is likely to cause.
11             (3)  In the event of a claim made or an action filed
12        by  a  recipient, or, following the recipient's death, by
13        any party claiming as a beneficiary of the recipient  for
14        injury caused in the course of providing services to such
15        recipient,  the therapist and other persons whose actions
16        are alleged to have been the cause of injury may disclose
17        pertinent records and communications to  an  attorney  or
18        attorneys  engaged  to render advice about and to provide
19        representation in connection  with  such  matter  and  to
20        persons working under the supervision of such attorney or
21        attorneys,   and  may  testify  as  to  such  records  or
22        communication  in   any   administrative,   judicial   or
23        discovery  proceeding  for  the  purpose of preparing and
24        presenting a defense against such claim or action.
25             (4)  Records and communications  made  to  or  by  a
26        therapist in the course of examination ordered by a court
27        for  good  cause  shown  may,  if  otherwise relevant and
28        admissible,  be  disclosed  in  a  civil,  criminal,   or
29        administrative  proceeding  in  which  the recipient is a
30        party or in appropriate  pretrial  proceedings,  provided
31        such  court  has  found  that  the  recipient has been as
32        adequately and as effectively as possible informed before
33        submitting to such  examination  that  such  records  and
34        communications  would  not  be considered confidential or
SB1339 Enrolled            -112-               LRB9011267SMpk
 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
SB1339 Enrolled            -113-               LRB9011267SMpk
 1        be disclosed in investigations of and trials for homicide
 2        when  the  disclosure  relates  directly  to  the fact or
 3        immediate circumstances of the homicide.
 4             (10)  Records  and  communications  of  a   deceased
 5        recipient  may  be  disclosed  to  a coroner conducting a
 6        preliminary  investigation  into  the  recipient's  death
 7        under Section 3-3013  of  the  Counties  Code.   However,
 8        records  and  communications  of  the  deceased recipient
 9        disclosed in an investigation shall be limited solely  to
10        the   deceased  recipient's  records  and  communications
11        relating to the factual  circumstances  of  the  incident
12        being investigated in a mental health facility.
13             (11)  Records  and  communications  of  a  recipient
14        shall  be  disclosed  in a proceeding where a petition or
15        motion is filed under the Juvenile Court Act of 1987  and
16        the  recipient  is  named as a parent, guardian, or legal
17        custodian of a minor who is the subject of a petition for
18        wardship as described in Section 2-3 of  that  Act  or  a
19        minor  who  is  the subject of a petition for wardship as
20        described in Section 2-4 of that Act alleging  the  minor
21        is  abused,  neglected,  or dependent or the recipient is
22        named as a parent of a child who  is  the  subject  of  a
23        petition,  supplemental  petition, or motion to appoint a
24        guardian with the power  to  consent  to  adoption  under
25        Section 2-29 of the Juvenile Court Act of 1987.
26        (b)  Before  a  disclosure  is made under subsection (a),
27    any party to the proceeding or any  other  interested  person
28    may   request   an   in   camera  review  of  the  record  or
29    communications  to  be  disclosed.   The  court   or   agency
30    conducting the proceeding may hold an in camera review on its
31    own  motion.    When,  contrary  to  the  express wish of the
32    recipient, the therapist asserts a privilege on behalf and in
33    the interest of a recipient, the court may require  that  the
34    therapist, in an in camera hearing, establish that disclosure
SB1339 Enrolled            -114-               LRB9011267SMpk
 1    is  not  in the best interest of the recipient.  The court or
 2    agency may prevent disclosure  or  limit  disclosure  to  the
 3    extent  that  other  admissible  evidence  is  sufficient  to
 4    establish  the facts in issue.  The court or agency may enter
 5    such orders as may be  necessary  in  order  to  protect  the
 6    confidentiality,  privacy,  and safety of the recipient or of
 7    other persons.  Any order to  disclose  or  to  not  disclose
 8    shall  be considered a final order for purposes of appeal and
 9    shall be subject to interlocutory appeal.
10        (c)  A recipient's  records  and  communications  may  be
11    disclosed  to  a  duly  authorized  committee,  commission or
12    subcommittee of the General Assembly which possesses subpoena
13    and hearing powers, upon a  written  request  approved  by  a
14    majority  vote  of  the committee, commission or subcommittee
15    members.   The  committee,  commission  or  subcommittee  may
16    request records only for the  purposes  of  investigating  or
17    studying   possible  violations  of  recipient  rights.   The
18    request shall state  the  purpose  for  which  disclosure  is
19    sought.
20        The facility shall notify the recipient, or his guardian,
21    and therapist in writing of any disclosure request under this
22    subsection  within  5 business days after such request.  Such
23    notification shall also inform the  recipient,  or  guardian,
24    and  therapist  of  their  right  to object to the disclosure
25    within 10 business days after receipt of the notification and
26    shall include the name, address and telephone number  of  the
27    committee,  commission or subcommittee member or staff person
28    with whom an objection shall be filed.  If no  objection  has
29    been  filed  within  15  business  days after the request for
30    disclosure, the  facility  shall  disclose  the  records  and
31    communications  to the committee, commission or subcommittee.
32    If an objection has been filed within 15 business days  after
33    the  request  for disclosure, the facility shall disclose the
34    records  and  communications  only   after   the   committee,
SB1339 Enrolled            -115-               LRB9011267SMpk
 1    commission  or  subcommittee  has  permitted  the  recipient,
 2    guardian  or  therapist  to  present  his objection in person
 3    before it and has renewed its request  for  disclosure  by  a
 4    majority vote of its members.
 5        Disclosure  under  this  subsection shall not occur until
 6    all  personally  identifiable  data  of  the  recipient   and
 7    provider  are  removed  from  the records and communications.
 8    Disclosure under this  subsection  shall  not  occur  in  any
 9    public proceeding.
10        (d)  No   party   to   any   proceeding  described  under
11    paragraphs (1), (2), (3), (4), (7), or (8) of subsection  (a)
12    of  this  Section,  nor  his  or  her attorney, shall serve a
13    subpoena   seeking   to   obtain   access   to   records   or
14    communications  under  this  Act  unless  the   subpoena   is
15    accompanied by a written order issued by a judge, authorizing
16    the  disclosure  of  the  records  or  the  issuance  of  the
17    subpoena.  No person shall comply with a subpoena for records
18    or communications under this  Act,  unless  the  subpoena  is
19    accompanied  by  a  written order authorizing the issuance of
20    the subpoena or the disclosure of the records.
21    (Source: P.A. 86-1417; 87-124; 87-556; 87-895.)
22        Section 40.  The Adoption  Act  is  amended  by  changing
23    Sections 1, 2, 10, and 15.1 as follows:
24        (750 ILCS 50/1) (from Ch. 40, par. 1501)
25        Sec.  1.  Definitions.  When used in this Act, unless the
26    context otherwise requires:
27        A.  "Child" means a person under  legal  age  subject  to
28    adoption under this Act.
29        B.  "Related  child"  means  a  child subject to adoption
30    where either or both of the adopting parents stands in any of
31    the  following  relationships  to  the  child  by  blood   or
32    marriage: parent, grand-parent, brother, sister, step-parent,
SB1339 Enrolled            -116-               LRB9011267SMpk
 1    step-grandparent,  step-brother,  step-sister,  uncle,  aunt,
 2    great-uncle,  great-aunt, or cousin of first degree.  A child
 3    whose parent has executed  a  final  irrevocable  consent  to
 4    adoption  or  a  final  irrevocable surrender for purposes of
 5    adoption, or whose parent has had his or her parental  rights
 6    terminated, is not a related child to that person, unless the
 7    consent  is  determined  to  be  void  or is void pursuant to
 8    subsection O of Section 10.
 9        C.  "Agency" for the purpose of this Act means  a  public
10    child welfare agency or a licensed child welfare agency.
11        D.  "Unfit  person" means any person whom the court shall
12    find to be unfit to have  a  child,  without  regard  to  the
13    likelihood  that  the child will be placed for adoption.  The
14    grounds of unfitness are any one or more of the following:
15             (a)  Abandonment of the child.
16             (a-1)  Abandonment  of  a  newborn   infant   in   a
17        hospital.
18             (a-2)  Abandonment   of  a  newborn  infant  in  any
19        setting where  the  evidence  suggests  that  the  parent
20        intended to relinquish his or her parental rights.
21             (b)  Failure  to  maintain  a  reasonable  degree of
22        interest, concern or responsibility  as  to  the  child's
23        welfare.
24             (c)  Desertion  of  the child for more than 3 months
25        next  preceding  the   commencement   of   the   Adoption
26        proceeding.
27             (d)  Substantial  neglect of the child if continuous
28        or repeated.
29             (d-1)  Substantial   neglect,   if   continuous   or
30        repeated, of any child residing in  the  household  which
31        resulted in the death of that child.
32             (e)  Extreme or repeated cruelty to the child.
33             (f)  Two  or  more findings of physical abuse to any
34        children under Section 4-8 of the Juvenile Court  Act  or
SB1339 Enrolled            -117-               LRB9011267SMpk
 1        Section  2-21 of the Juvenile Court Act of 1987, the most
 2        recent of which was  determined  by  the  juvenile  court
 3        hearing   the   matter  to  be  supported  by  clear  and
 4        convincing evidence; a criminal conviction or  a  finding
 5        of  not  guilty  by reason of insanity resulting from the
 6        death of any child by physical child abuse; or a  finding
 7        of  physical  child abuse resulting from the death of any
 8        child under Section 4-8 of  the  Juvenile  Court  Act  or
 9        Section 2-21 of the Juvenile Court Act of 1987.
10             (g)  Failure  to  protect  the child from conditions
11        within his environment injurious to the child's welfare.
12             (h)  Other neglect  of,  or  misconduct  toward  the
13        child; provided that in making a finding of unfitness the
14        court  hearing the adoption proceeding shall not be bound
15        by any previous finding, order or judgment  affecting  or
16        determining  the  rights  of the parents toward the child
17        sought to be adopted in any other proceeding except  such
18        proceedings  terminating  parental rights as shall be had
19        under either this Act, the  Juvenile  Court  Act  or  the
20        Juvenile Court Act of 1987.
21             (i)  Depravity.    Conviction  of  any  one  of  the
22        following crimes shall create a presumption that a parent
23        is depraved which can  be  overcome  only  by  clear  and
24        convincing evidence: (1) first degree murder in violation
25        of  paragraph  1 or 2 of subsection (a) of Section 9-1 of
26        the Criminal Code of 1961 or conviction of second  degree
27        murder  in  violation of subsection (a) of Section 9-2 of
28        the Criminal Code of 1961 of a parent of the child to  be
29        adopted;  (2) first degree murder or second degree murder
30        of any child in violation of the Criminal Code  of  1961;
31        (3)  attempt  or conspiracy to commit first degree murder
32        or second degree murder of any child in violation of  the
33        Criminal  Code of 1961; (4) solicitation to commit murder
34        of any child, solicitation to commit murder of any  child
SB1339 Enrolled            -118-               LRB9011267SMpk
 1        for  hire, or solicitation to commit second degree murder
 2        of any child in violation of the Criminal Code  of  1961;
 3        or (5) aggravated criminal sexual assault in violation of
 4        Section 12-14(b)(1) of the Criminal Code of 1961.
 5             There  is  a rebuttable presumption that a parent is
 6        depraved if the parent has been criminally  convicted  of
 7        at  least  3 felonies under the laws of this State or any
 8        other state, or under federal law, or the  criminal  laws
 9        of any United States territory; and at least one of these
10        convictions  took  place  within 5 years of the filing of
11        the petition or motion seeking  termination  of  parental
12        rights.
13             There  is  a rebuttable presumption that a parent is
14        depraved if that parent has been criminally convicted  of
15        either  first  or  second  degree murder of any person as
16        defined in the Criminal Code of 1961 within 10  years  of
17        the  filing  date  of the petition or motion to terminate
18        parental rights.
19             (j)  Open and notorious adultery or fornication.
20             (j-1)  (Blank).  Conviction  of  any  one   of   the
21        following  crimes shall create a presumption of unfitness
22        that  may  be  overcome  only  by  clear  and  convincing
23        evidence:  (1)  first  degree  murder  in  violation   of
24        paragraph  1 or 2 of subsection (a) of Section 9-1 of the
25        Criminal Code of 1961  or  conviction  of  second  degree
26        murder  in  violation of subsection (a) of Section 9-2 of
27        the Criminal Code of 1961 of a parent of the child to  be
28        adopted; (2) a criminal conviction of first degree murder
29        or  second degree murder of any child in violation of the
30        Criminal Code of  1961;  (3)  a  criminal  conviction  of
31        attempt  or  conspiracy  to commit first degree murder or
32        second degree murder of any child  in  violation  of  the
33        Criminal  Code  of  1961;  (4)  a  criminal conviction of
34        solicitation to commit murder of any child,  solicitation
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 1        to  commit  murder of any child for hire, or solicitation
 2        to commit second degree murder of any child in  violation
 3        of  the  Criminal Code of 1961; (5) a criminal conviction
 4        of accountability for the first or second  degree  murder
 5        of  any  child in violation of the Criminal Code of 1961;
 6        or (6)  a  criminal  conviction  of  aggravated  criminal
 7        sexual assault in violation of Section 12-14(b)(1) of the
 8        Criminal Code of 1961.
 9             (k)  Habitual  drunkenness  or  addiction  to drugs,
10        other than those prescribed by a physician, for at  least
11        one  year  immediately  prior  to the commencement of the
12        unfitness proceeding.
13             There is a rebuttable presumption that a  parent  is
14        unfit  under this subsection with respect to any child to
15        which that parent gives birth where there is a  confirmed
16        test  result  that  at birth the child's blood, urine, or
17        meconium contained any amount of a  controlled  substance
18        as  defined  in  subsection  (f)  of  Section  102 of the
19        Illinois Controlled Substances Act or metabolites of such
20        substances, the presence of which in the  newborn  infant
21        was  not  the result of medical treatment administered to
22        the mother or the  newborn  infant;  and  the  biological
23        mother of this child is the biological mother of at least
24        one  other  child  who  was adjudicated a neglected minor
25        under subsection (c) of Section 2-3 of the Juvenile Court
26        Act of 1987.
27             (l)  Failure to demonstrate a reasonable  degree  of
28        interest,  concern or responsibility as to the welfare of
29        a new born child during  the  first  30  days  after  its
30        birth.
31             (m)  Failure  by a parent to make reasonable efforts
32        to correct the conditions that were  the  basis  for  the
33        removal  of  the  child  from  the  parent,  or  to  make
34        reasonable progress toward the return of the child to the
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 1        parent within 9 months after an adjudication of neglected
 2        or  abused  minor under Section 2-3 of the Juvenile Court
 3        Act of 1987 or dependent minor under Section 2-4 of  that
 4        Act.   If a service plan has been established as required
 5        under Section 8.2  of  the  Abused  and  Neglected  Child
 6        Reporting  Act  to  correct  the conditions that were the
 7        basis for the removal of the child from the parent and if
 8        those services were available, then, for purposes of this
 9        Act, "failure to  make  reasonable  progress  toward  the
10        return  of the child to the parent" includes the parent's
11        failure to substantially fulfill his or  her  obligations
12        under  the  service  plan and correct the conditions that
13        brought the child into care within  9  months  after  the
14        adjudication  under  Section  2-3  or 2-4 of the Juvenile
15        Court Act of 1987.
16             (m-1)  Pursuant to the Juvenile Court Act of 1987, a
17        child has been in foster care for 15 months out of any 22
18        month period which begins on or after the effective  date
19        of  this amendatory Act of 1998 unless the child's parent
20        can prove by a preponderance of the evidence that  it  is
21        more  likely  than  not  that  it  will  be  in  the best
22        interests of the child  to  be  returned  to  the  parent
23        within  6  months  of  the  date  on which a petition for
24        termination  of  parental  rights  is  filed  under   the
25        Juvenile  Court  Act of 1987.  The 15 month time limit is
26        tolled during any period  for  which  there  is  a  court
27        finding  that  the appointed custodian or guardian failed
28        to make reasonable efforts to reunify the child with  his
29        or  her  family,  provided  that  (i)  the  finding of no
30        reasonable efforts is made within 60 days of  the  period
31        when  reasonable efforts were not made or (ii) the parent
32        filed a motion requesting  a  finding  of  no  reasonable
33        efforts  within  60  days  of  the period when reasonable
34        efforts were not made.  For purposes of this  subdivision
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 1        (m-1),  the  date  of entering foster care is the earlier
 2        of: (i) the date of a judicial finding at an adjudicatory
 3        hearing that  the  child  is  an  abused,  neglected,  or
 4        dependent  minor; or (ii) 60 days after the date on which
 5        the child is removed from his or her parent, guardian, or
 6        legal custodian.
 7             (n)  Evidence  of  intent  to  forego  his  or   her
 8        parental  rights,  whether  or not the child is a ward of
 9        the court, (1) as manifested by his or her failure for  a
10        period  of  12  months:  (i)  to visit the child, (ii) to
11        communicate with the child or agency, although able to do
12        so and not prevented from doing so by  an  agency  or  by
13        court  order,  or  (iii) to maintain contact with or plan
14        for the future of the child, although physically able  to
15        do  so,  or  (2)  as  manifested by the father's failure,
16        where he and the mother of the child  were  unmarried  to
17        each  other  at  the  time  of  the child's birth, (i) to
18        commence legal proceedings  to  establish  his  paternity
19        under  the  Illinois  Parentage Act of 1984 or the law of
20        the jurisdiction of the child's birth within 30  days  of
21        being informed, pursuant to Section 12a of this Act, that
22        he  is  the  father or the likely father of the child or,
23        after being so informed where the child is not yet  born,
24        within  30  days  of the child's birth, or (ii) to make a
25        good faith effort to  pay  a  reasonable  amount  of  the
26        expenses related to the birth of the child and to provide
27        a  reasonable  amount  for  the  financial support of the
28        child, the court to consider  in  its  determination  all
29        relevant circumstances, including the financial condition
30        of both parents; provided that the ground for termination
31        provided  in  this  subparagraph (n)(2)(ii) shall only be
32        available where the petition is brought by the mother  or
33        the husband of the mother.
34             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
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 1        construed  so  as  to  permit  a licensed clinical social
 2        worker to conduct  any  medical  diagnosis  to  determine
 3        mental illness or mental impairment.
 4             (q)  The  parent  has  been  criminally convicted of
 5        aggravated battery, heinous battery, or attempted  murder
 6        of  any  child  A  finding of physical abuse of the child
 7        under Section 4-8 of the Juvenile Court  Act  or  Section
 8        2-21  of  the  Juvenile  Court Act of 1987 and a criminal
 9        conviction of aggravated battery of the child.
10             (r)  The  child  is  in  the  temporary  custody  or
11        guardianship of the Department  of  Children  and  Family
12        Services,  the  parent  is  incarcerated  as  a result of
13        criminal conviction at the time the  petition  or  motion
14        for  termination  of  parental  rights is filed, prior to
15        incarceration the parent had little or  no  contact  with
16        the child or provided little or no support for the child,
17        and  the  parent's  incarceration will prevent the parent
18        from discharging his or her parental responsibilities for
19        the child for a period in excess of  2  years  after  the
20        filing  of  the  petition  or  motion  for termination of
21        parental rights.
22             (s)  The  child  is  in  the  temporary  custody  or
23        guardianship of the Department  of  Children  and  Family
24        Services,  the  parent  is  incarcerated  at the time the
25        petition or motion for termination of parental rights  is
26        filed,  the  parent has been repeatedly incarcerated as a
27        result of criminal convictions, and the parent's repeated
28        incarceration has prevented the parent  from  discharging
29        his or her parental responsibilities for the child.
30             (t) (r)  A  finding that at birth the child's blood,
31        or  urine,  or  meconium  contained  any  amount   of   a
32        controlled  substance  as  defined  in  subsection (f) of
33        Section 102 of the Illinois Controlled Substances Act, or
34        a  metabolite  of  a  controlled  substance,   with   the
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 1        exception of controlled substances or metabolites of such
 2        substances,  the  presence of which in the newborn infant
 3        was the result of medical treatment administered  to  the
 4        mother  or  the  newborn  infant, and that the biological
 5        mother of this child is the biological mother of at least
 6        one other child who was  adjudicated  a  neglected  minor
 7        under subsection (c) of Section 2-3 of the Juvenile Court
 8        Act  of  1987,  after which the biological mother had the
 9        opportunity to enroll in and participate in a  clinically
10        appropriate  substance  abuse drug counseling, treatment,
11        and rehabilitation program.
12        E.  "Parent" means the father or mother of  a  legitimate
13    or illegitimate child.  For the purpose of this Act, a person
14    who  has executed a final and irrevocable consent to adoption
15    or  a  final  and  irrevocable  surrender  for  purposes   of
16    adoption,  or whose parental rights have been terminated by a
17    court, is not a parent of the child who was  the  subject  of
18    the consent or surrender, unless the consent is void pursuant
19    to subsection O of Section 10.
20        F.  A  person  is  available for adoption when the person
21    is:
22             (a)  a child who has been surrendered  for  adoption
23        to  an  agency  and  to  whose  adoption  the  agency has
24        thereafter consented;
25             (b)  a child to whose adoption a  person  authorized
26        by  law,  other  than  his  parents, has consented, or to
27        whose adoption no consent is required pursuant to Section
28        8 of this Act;
29             (c)  a child who is in the custody  of  persons  who
30        intend  to  adopt  him  through  placement  made  by  his
31        parents;
32             (c-1)  a  child  for  whom  a  parent  has  signed a
33        specific consent pursuant to subsection O of Section  10;
34        or
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 1             (d)  an  adult who meets the conditions set forth in
 2        Section 3 of this Act.
 3        A person who would otherwise be  available  for  adoption
 4    shall not be deemed unavailable for adoption solely by reason
 5    of his or her death.
 6        G.  The  singular  includes  the  plural  and  the plural
 7    includes the singular and the "male" includes  the  "female",
 8    as the context of this Act may require.
 9        H.  "Adoption   disruption"   occurs   when  an  adoptive
10    placement does not prove successful and it becomes  necessary
11    for  the  child  to  be  removed  from  placement  before the
12    adoption is finalized.
13        I.  "Foreign placing agency" is an agency  or  individual
14    operating in a country or territory outside the United States
15    that  is  authorized  by  its  country  to place children for
16    adoption either directly with families in the  United  States
17    or through United States based international agencies.
18        J.  "Immediate  relatives"  means the biological parents,
19    the parents of the biological parents  and  siblings  of  the
20    biological parents.
21        K.  "Intercountry adoption" is a process by which a child
22    from a country other than the United States is adopted.
23        L.  "Intercountry Adoption Coordinator" is a staff person
24    of  the  Department of Children and Family Services appointed
25    by the Director to coordinate the provision  of  services  by
26    the  public  and  private  sector  to  prospective parents of
27    foreign-born children.
28        M.  "Interstate Compact on the Placement of Children"  is
29    a  law enacted by most states for the purpose of establishing
30    uniform procedures for handling the interstate  placement  of
31    children in foster homes, adoptive homes, or other child care
32    facilities.
33        N.  "Non-Compact  state"  means  a  state  that  has  not
34    enacted the Interstate Compact on the Placement of Children.
SB1339 Enrolled            -126-               LRB9011267SMpk
 1        O.  "Preadoption   requirements"   are   any   conditions
 2    established  by  the  laws  or  regulations  of  the  Federal
 3    Government  or  of  each  state that must be met prior to the
 4    placement of a child in an adoptive home.
 5        P.  "Abused  child"  means  a  child  whose   parent   or
 6    immediate  family  member,  or any person responsible for the
 7    child's welfare,  or any individual residing in the same home
 8    as the child, or a paramour of the child's parent:
 9             (a)  inflicts, causes to be inflicted, or allows  to
10        be  inflicted  upon  the  child physical injury, by other
11        than accidental means, that causes death,  disfigurement,
12        impairment  of  physical  or emotional health, or loss or
13        impairment of any bodily function;
14             (b)  creates a substantial risk of  physical  injury
15        to  the  child by other than accidental means which would
16        be likely to cause death,  disfigurement,  impairment  of
17        physical  or  emotional  health, or loss or impairment of
18        any bodily function;
19             (c)  commits or  allows  to  be  committed  any  sex
20        offense against the child, as sex offenses are defined in
21        the Criminal Code of 1961 and extending those definitions
22        of  sex  offenses  to  include children under 18 years of
23        age;
24             (d)  commits or allows to be  committed  an  act  or
25        acts of torture upon the child; or
26             (e)  inflicts excessive corporal punishment.
27        Q.  "Neglected  child"  means  any  child whose parent or
28    other person responsible for the child's welfare withholds or
29    denies nourishment or medically indicated treatment including
30    food or care denied solely on the basis  of  the  present  or
31    anticipated  mental or physical impairment as determined by a
32    physician  acting  alone  or  in  consultation   with   other
33    physicians  or  otherwise  does  not  provide  the  proper or
34    necessary support, education as required by law,  or  medical
SB1339 Enrolled            -127-               LRB9011267SMpk
 1    or   other  remedial  care  recognized  under  State  law  as
 2    necessary for a child's well-being, or other  care  necessary
 3    for  his or her well-being, including adequate food, clothing
 4    and shelter; or who is abandoned by his  or  her  parents  or
 5    other person responsible for the child's welfare.
 6        A  child  shall not be considered neglected or abused for
 7    the sole reason that  the  child's  parent  or  other  person
 8    responsible  for  his  or  her welfare depends upon spiritual
 9    means through prayer alone  for  the  treatment  or  cure  of
10    disease  or  remedial care as provided under Section 4 of the
11    Abused and Neglected Child Reporting Act.
12        R.  "Putative father" means a man who may  be  a  child's
13    father,  but  who (1) is not married to the child's mother on
14    or before the date that the child was or is to  be  born  and
15    (2)  has  not  established  paternity of the child in a court
16    proceeding before the filing of a petition for  the  adoption
17    of  the  child.  The term includes a male who is less than 18
18    years of age.  "Putative father" does not mean a man  who  is
19    the  child's  father  as a result of criminal sexual abuse or
20    assault as defined under Article 12 of the Criminal  Code  of
21    1961.
22    (Source: P.A.  89-235,  eff.  8-4-95;  89-704,  eff.  8-16-97
23    (changed  from  1-1-98  by P.A. 90-443); 90-13, eff. 6-13-97;
24    90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
25    eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv.  (D)(m)  eff.
26    6-25-97; 90-443, eff. 8-16-97; revised 11-26-97.)
27        (750 ILCS 50/2) (from Ch. 40, par. 1502)
28        Sec.  2. Who may adopt a child.  A.  Any of the following
29    persons,  who  is  under  no  legal  disability  (except  the
30    minority specified in sub-paragraph (b) and who  has  resided
31    in  the  State  of  Illinois  continuously for a period of at
32    least 6 months immediately preceding the commencement  of  an
33    adoption proceeding, or any member of the armed forces of the
SB1339 Enrolled            -128-               LRB9011267SMpk
 1    United States who has been domiciled in the State of Illinois
 2    for 90 days, may institute such proceeding:
 3        (a)  A  reputable  person of legal age and of either sex,
 4    provided that if such person is  married  and  has  not  been
 5    living  separate  and  apart  from  his  or her spouse for 12
 6    months or longer, his or her spouse shall be a party  to  the
 7    adoption  proceeding, including a husband or wife desiring to
 8    adopt a child of the other spouse, in all of which cases  the
 9    adoption shall be by both spouses jointly;
10        (b)  A minor, by leave of court upon good cause shown.
11        B.  The residence requirement specified in paragraph A of
12    this  Section  shall  not  apply  to an adoption of a related
13    child or to an adoption of a child placed by an agency.
14    (Source: P.A. 83-62.)
15        (750 ILCS 50/10) (from Ch. 40, par. 1512)
16        Sec. 10.  Forms of consent and surrender;  execution  and
17    acknowledgment thereof.)
18        A.  The  form  of  consent required for the adoption of a
19    born child shall be substantially as follows:
20              FINAL AND IRREVOCABLE CONSENT TO ADOPTION
21        I, ...., (relationship, e.g., mother,  father,  relative,
22    guardian) of ...., a ..male child, state:
23        That such child was born on .... at ....
24        That I reside at ...., County of ....  and State of ....
25        That I am of the age of .... years.
26        That  I hereby enter my appearance in this proceeding and
27    waive service of summons on me.
28        That I do hereby consent and agree  to  the  adoption  of
29    such child.
30        That  I  wish  to  and  understand  that  by signing this
31    consent I do irrevocably and permanently give up all  custody
32    and other parental rights I have to such child.
33        That  I understand such child will be placed for adoption
SB1339 Enrolled            -129-               LRB9011267SMpk
 1    and that I cannot under any circumstances, after signing this
 2    document, change my mind and revoke or cancel this consent or
 3    obtain or recover custody  or  any  other  rights  over  such
 4    child.   That  I  have read and understand the above and I am
 5    signing it as my free and voluntary act.
 6        Dated this ....  day of ...., 19....
 7        If under Section 8 the consent of more than one person is
 8    required, then each such  person  shall  execute  a  separate
 9    consent.
10        B.  The  form  of consent required for the adoption of an
11    unborn child shall be substantially as follows:
12                 CONSENT TO ADOPTION OF UNBORN CHILD
13        I, ...., state:
14        That I am the father of a child expected to be born on or
15    about .... to ....  (name of mother).
16        That I reside at ....  County of ...., and State of .....
17        That I am of the age of .... years.
18        That I  hereby  enter  my  appearance  in  such  adoption
19    proceeding and waive service of summons on me.
20        That  I  do  hereby  consent and agree to the adoption of
21    such child, and that I have not previously executed a consent
22    or surrender with respect to such child.
23        That I wish to and do understand  that  by  signing  this
24    consent  I do irrevocably and permanently give up all custody
25    and other parental rights I have to such child, except that I
26    have the right to  revoke  this  consent  by  giving  written
27    notice  of  my  revocation  not later than 72 hours after the
28    birth of the child.
29        That I understand such child will be placed for  adoption
30    and  that, except as hereinabove provided, I cannot under any
31    circumstances, after signing this document,  change  my  mind
32    and  revoke  or  cancel  this  consent  or  obtain or recover
33    custody or any other rights over such child.
34        That I have read  and  understand  the  above  and  I  am
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 1    signing it as my free and voluntary act.
 2        Dated this ....  day of ...., 19...
 3    ........................
 4        C.  The form of surrender to any agency given by a parent
 5    of a born child who is to be subsequently placed for adoption
 6    shall  be  substantially  as  follows  and shall contain such
 7    other facts and statements as  the  particular  agency  shall
 8    require.
 9                   FINAL AND IRREVOCABLE SURRENDER
10                      FOR PURPOSES OF ADOPTION
11        I,  ....   (relationship, e.g., mother, father, relative,
12    guardian) of ...., a ..male child, state:
13        That such child was born on ...., at .....
14        That I reside at ...., County of ...., and State of .....
15        That I am of the age of .... years.
16        That I do hereby surrender and entrust the entire custody
17    and control of such child to  the  ....   (the  "Agency"),  a
18    (public)  (licensed)  child welfare agency with its principal
19    office in the City of ...., County of .... and State of ....,
20    for the purpose of enabling it to care for and supervise  the
21    care  of  such child, to place such child for adoption and to
22    consent to the legal adoption of such child.
23        That  I  hereby  grant  to  the  Agency  full  power  and
24    authority to place such child with any person or  persons  it
25    may  in  its  sole  discretion  select to become the adopting
26    parent or parents and to consent to  the  legal  adoption  of
27    such child by such person or persons; and to take any and all
28    measures which, in the judgment of the Agency, may be for the
29    best  interests of such child, including authorizing medical,
30    surgical and dental care and treatment including  inoculation
31    and anaesthesia for such child.
32        That  I  wish  to  and  understand  that  by signing this
33    surrender I  do  irrevocably  and  permanently  give  up  all
34    custody and other parental rights I have to such child.
SB1339 Enrolled            -131-               LRB9011267SMpk
 1        That I understand I cannot under any circumstances, after
 2    signing  this  surrender, change my mind and revoke or cancel
 3    this surrender or obtain or  recover  custody  or  any  other
 4    rights over such 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        D.  The form of surrender to an agency given by a  parent
10    of  an  unborn  child  who  is  to be subsequently placed for
11    adoption shall be substantially as follows and shall  contain
12    such  other  facts  and  statements  as the particular agency
13    shall require.
14                    SURRENDER OF UNBORN CHILD FOR
15                        PURPOSES OF ADOPTION
16        I, ....  (father), state:
17        That I am the father of a child expected to be born on or
18    about .... to ....  (name of mother).
19        That I reside at ...., County of ...., and State of .....
20        That I am of the age of .... years.
21        That I do hereby surrender and entrust the entire custody
22    and control of such child to  the  ....   (the  "Agency"),  a
23    (public)  (licensed)  child welfare agency with its principal
24    office in the City of ...., County  of  ....   and  State  of
25    ....,  for  the  purpose  of  enabling  it  to  care  for and
26    supervise the care of such child, to  place  such  child  for
27    adoption  and to consent to the legal adoption of such child,
28    and  that  I  have  not  previously  executed  a  consent  or
29    surrender with respect to such child.
30        That  I  hereby  grant  to  the  Agency  full  power  and
31    authority to place such child with any person or  persons  it
32    may  in  its  sole  discretion  select to become the adopting
33    parent or parents and to consent to  the  legal  adoption  of
34    such child by such person or persons; and to take any and all
SB1339 Enrolled            -132-               LRB9011267SMpk
 1    measures which, in the judgment of the Agency, may be for the
 2    best  interests of such child, including authorizing medical,
 3    surgical and dental care and treatment, including inoculation
 4    and anaesthesia for such child.
 5        That I wish  to  and  understand  that  by  signing  this
 6    surrender  I  do  irrevocably  and  permanently  give  up all
 7    custody and other parental rights I have to such child.
 8        That I understand I cannot under any circumstances, after
 9    signing this surrender, change my mind and revoke  or  cancel
10    this  surrender  or  obtain  or  recover custody or any other
11    rights over such child, except  that  I  have  the  right  to
12    revoke   this  surrender  by  giving  written  notice  of  my
13    revocation not later than 72 hours after the  birth  of  such
14    child.
15        That  I  have  read  and  understand  the  above and I am
16    signing it as my free and voluntary act.
17        Dated this .... day of ...., 19...
18    ........................
19        E.  The form of consent required from the parents for the
20    adoption of an adult, when such adult elects to  obtain  such
21    consent, shall be substantially as follows:
22                               CONSENT
23        I, ...., (father) (mother) of ...., an adult, state:
24        That I reside at ...., County of ....  and State of .....
25        That  I  do  hereby  consent and agree to the adoption of
26    such adult by .... and .....
27        Dated this ....  day of .......... 19
28        F.  The form of consent required for the  adoption  of  a
29    child  of  the age of 14 years or upwards, or of an adult, to
30    be given by such person, shall be substantially as follows:
31                               CONSENT
32        I, ...., state:
33        That I reside at ...., County of ....  and State of .....
34    That I am of the age of ....   years.   That  I  consent  and
SB1339 Enrolled            -133-               LRB9011267SMpk
 1    agree to my adoption by .... and .....
 2        Dated this ....  day of ......., 19...
 3    ........................
 4        G.  The  form  of  consent  given  by  an  agency  to the
 5    adoption  by  specified  persons  of   a   child   previously
 6    surrendered  to  it  shall  set forth that the agency has the
 7    authority to execute such consent.  The form of consent given
 8    by a guardian of the person of a child sought to be  adopted,
 9    appointed  by  a  court  of competent jurisdiction, shall set
10    forth the facts of such appointment and the authority of  the
11    guardian to execute such consent.
12        H.  A  consent  (other  than  that given by an agency, or
13    guardian of the person of the  child  sought  to  be  adopted
14    appointed  by  a  court  of  competent jurisdiction) shall be
15    acknowledged by a parent before the presiding  judge  of  the
16    court  in  which the petition for adoption has been, or is to
17    be filed  or  before  any  other  judge  or  hearing  officer
18    designated  or  subsequently  approved  by  the court, or the
19    circuit clerk if so authorized by  the  presiding  judge  or,
20    except   as   otherwise   provided  in  this  Act,  before  a
21    representative of  the  Department  of  Children  and  Family
22    Services or a licensed child welfare agency, or before social
23    service  personnel  under  the  jurisdiction  of  a  court of
24    competent jurisdiction, or before social service personnel of
25    the Cook County Department of Supportive Services  designated
26    by the presiding judge.
27        I.  A  surrender,  or  any other document equivalent to a
28    surrender, by which a child is surrendered to an agency shall
29    be acknowledged by the  person  signing  such  surrender,  or
30    other  document,  before  a  judge  or hearing officer or the
31    clerk of any court of record, either in  this  State  or  any
32    other  state of the United States, or before a representative
33    of an  agency  or  before  any  other  person  designated  or
34    approved  by  the  presiding  judge of the court in which the
SB1339 Enrolled            -134-               LRB9011267SMpk
 1    petition for adoption has been, or is to be, filed.
 2        J.  The form of the certificate of acknowledgment  for  a
 3    consent,  a  surrender, or any other document equivalent to a
 4    surrender, shall be substantially as follows:
 5    STATE OF ....)
 6                 ) SS.
 7    COUNTY OF ...)
 8        I, .... (Name of judge or other person),  ....  (official
 9    title,  name  and  location of court or status or position of
10    other person), certify that ...., personally known to  me  to
11    be  the same person whose name is subscribed to the foregoing
12    (consent) (surrender), appeared before me this day in  person
13    and  acknowledged  that  (she) (he) signed and delivered such
14    (consent) (surrender) as (her) (his) free and voluntary  act,
15    for the specified purpose.
16        I  have  fully  explained  that by signing such (consent)
17    (surrender)  (she)  (he)  is  irrevocably  relinquishing  all
18    parental rights to such child or adult  and  (she)  (he)  has
19    stated that such is (her) (his) intention and desire.
20        Dated            19
21        Signature
22        K.  When  the  execution  of  a consent or a surrender is
23    acknowledged before someone other than a judge or  the  clerk
24    of  a  court  of  record,  such  other  person shall have his
25    signature on the certificate  acknowledged  before  a  notary
26    public, in form substantially as follows:
27    STATE OF ....)
28                 ) SS.
29    COUNTY OF ...)
30        I,  a  Notary Public, in and for the County of ......, in
31    the State of ......, certify that ...., personally  known  to
32    me  to  be  the  same  person whose name is subscribed to the
33    foregoing certificate of acknowledgment, appeared  before  me
34    in  person  and  acknowledged  that  (she)  (he)  signed such
SB1339 Enrolled            -135-               LRB9011267SMpk
 1    certificate as (her) (his) free and voluntary  act  and  that
 2    the statements made in the certificate are true.
 3        Dated ......... 19...
 4                   Signature ...................... Notary Public
 5                                                  (official seal)
 6        There  shall  be attached a certificate of magistracy, or
 7    other  comparable  proof  of  office  of  the  notary  public
 8    satisfactory  to  the  court,  to  a   consent   signed   and
 9    acknowledged in another state.
10        L.  A  surrender  or  consent  executed  and acknowledged
11    outside of this State, either in accordance with the  law  of
12    this  State  or in accordance with the law of the place where
13    executed, is valid.
14        M.  Where a consent or a surrender is signed in a foreign
15    country, the execution of such consent shall be  acknowledged
16    or  affirmed in a manner conformable to the law and procedure
17    of such country.
18        N.  If the person signing a consent or  surrender  is  in
19    the  military  service of the United States, the execution of
20    such consent  or  surrender  may  be  acknowledged  before  a
21    commissioned  officer  and  the  signature of such officer on
22    such certificate shall be verified or acknowledged  before  a
23    notary public or by such other procedure as is then in effect
24    for such division or branch of the armed forces.
25        O.  (1) The  parent  or  parents  of  a  child  in  whose
26    interests a petition under Section 2-13 of the Juvenile Court
27    Act  of  1987  is  pending  may,  with  the  approval  of the
28    designated representative of the Department of  Children  and
29    Family Services, execute a consent to adoption by a specified
30    person or persons:
31             (a)  in whose physical custody the child has resided
32        for at least one year; or
33             (b)  in  whose physical custody at least one sibling
34        of the child who is  the  subject  of  this  consent  has
SB1339 Enrolled            -136-               LRB9011267SMpk
 1        resided  for  at least one year, and the child who is the
 2        subject of this consent is  currently  residing  in  this
 3        foster home; or
 4             (c)  in  whose  physical  custody  a child under one
 5        year of age has resided for at least 3 months.
 6    A consent under this subsection O shall be acknowledged by  a
 7    parent  pursuant  to  subsection  H  and subsection K of this
 8    Section.
 9        (2)  The consent to adoption by  a  specified  person  or
10    persons  shall have the caption of the proceeding in which it
11    is to be filed and shall be substantially as follows:
12            FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
13                    A SPECIFIED PERSON OR PERSONS
14        I,      ......................................,       the
15    ..................  (mother  or  father) of a ....male child,
16    state:
17             1.  My child ............................  (name  of
18        child)   was  born  on  (date)  ............,  ......  at
19        .................... Hospital in ................ County,
20        State of .............. .
21             2.  I reside at  ......................,  County  of
22        ............. and State of ............. .
23             3.  I,  ...........................,  am  .... years
24        old.
25             4.  I enter my appearance in this action to adopt my
26        child by the person or persons specified herein by me and
27        waive service of summons on me in this action only.
28             5.  I  consent  to  the  adoption  of  my  child  by
29        .............................   (specified   person    or
30        persons) only.
31             6.  I  wish  to  sign  this consent and I understand
32        that  by  signing  this   consent   I   irrevocably   and
33        permanently  give  up  all  parental  rights I have to my
34        child     if     my     child     is      adopted      by
SB1339 Enrolled            -137-               LRB9011267SMpk
 1        .............................    (specified   person   or
 2        persons).
 3             7.  I  understand  my  child  will  be  adopted   by
 4        .............................      (specified  person  or
 5        persons) only and that I cannot under any  circumstances,
 6        after signing this document, change my mind and revoke or
 7        cancel  this  consent or obtain or recover custody or any
 8        other      rights      over       my       child       if
 9        ............................    (specified    person   or
10        persons) adopt my child.
11             8.  I understand that this consent  to  adoption  is
12        valid  only  if the petition to adopt is filed within one
13        year  from  the  date  that  I  sign  it  and   that   if
14        .......................  (specified  person  or persons),
15        for any reason, cannot or will not  file  a  petition  to
16        adopt  my  child  within that one year period or if their
17        adoption petition is denied, then this  consent  will  be
18        void.  I have the right to notice of any other proceeding
19        that could affect my  parental  rights,  except  for  the
20        proceeding   for   .............   (specified  person  or
21        persons) to adopt my child.
22             9.  I have read and understand the above  and  I  am
23        signing it as my free and voluntary act.
24             Dated this ..... day of ....., .......
25             .............................................
26             Signature of parent
27        (3)  If the parent consents to an adoption by 2 specified
28    persons,  then the form shall contain 2 additional paragraphs
29    in substantially the following form:
30             10.  If ............... (specified  persons)  get  a
31        divorce before the petition to adopt my child is granted,
32        then  .......... (specified person) shall adopt my child.
33        I understand that I cannot change my mind and revoke this
34        consent or obtain or recover custody  over  my  child  if
SB1339 Enrolled            -138-               LRB9011267SMpk
 1        .............    (specified    persons)    divorce    and
 2        .............  (specified  person)  adopts  my  child.  I
 3        understand that I cannot change my mind and  revoke  this
 4        consent  or  obtain  or  recover custody over my child if
 5        ................. (specified persons) divorce  after  the
 6        adoption  is  final.   I  understand that this consent to
 7        adoption has no effect on who  will  get  custody  of  my
 8        child if they divorce after the adoption is final.
 9             11.  I  understand  that  if  either ...............
10        (specified persons) dies before the petition to adopt  my
11        child  is granted, then the surviving person can adopt my
12        child.  I understand that I cannot  change  my  mind  and
13        revoke  this consent or obtain or recover custody over my
14        child if the surviving person adopts my child.
15        A consent to adoption by specified persons on  this  form
16    shall have no effect on a court's determination of custody or
17    visitation  under  the  Illinois  Marriage and Dissolution of
18    Marriage Act if the marriage  of  the  specified  persons  is
19    dissolved after the adoption is final.
20        (4)  The form of the certificate of acknowledgement for a
21    Final  and  Irrevocable  Consent  for Adoption by a Specified
22    Person or Persons shall be substantially as follows:
23    STATE OF..............)
24                           ) SS.
25    COUNTY OF.............)
26        I, .................... (Name of Judge or other  person),
27    .....................  (official  title,  name, and address),
28    certify that ............., personally known to me to be  the
29    same  person  whose name is subscribed to the foregoing Final
30    and Irrevocable Consent for Adoption by a Specified Person or
31    Persons,  appeared  before  me  this  day   in   person   and
32    acknowledged  that (she)(he) signed and delivered the consent
33    as (her)(his) free  and  voluntary  act,  for  the  specified
SB1339 Enrolled            -139-               LRB9011267SMpk
 1    purpose.
 2        I  have  fully explained that this consent to adoption is
 3    valid only if the petition to adopt is filed within one  year
 4    from  the  date  that it is signed, and that if the specified
 5    person or persons, for any reason, cannot or will  not  adopt
 6    the  child  or  if the adoption petition is denied, then this
 7    consent will be void.  I have fully  explained  that  if  the
 8    specified  person or persons adopt the child, by signing this
 9    consent   (she)(he)   is    irrevocably    and    permanently
10    relinquishing all parental rights to the child, and (she)(he)
11    has stated that such is (her)(his) intention and desire.
12        Dated ............., ........
13        ...............................
14        Signature
15        (5)  If  a  consent  to adoption by a specified person or
16    persons is executed in this form,  the  following  provisions
17    shall  apply.   The  consent  shall  be  valid  only  if that
18    specified person or persons adopt  the  child.   The  consent
19    shall be void if:
20             (a)  the  specified  person or persons do not file a
21        petition to adopt the child within  one  year  after  the
22        consent is signed; or
23             (b)  a court denies the adoption petition; or
24             (c)  the  Department of Children and Family Services
25        Guardianship Administrator determines that the  specified
26        person  or  persons  will  not  or  cannot  complete  the
27        adoption,  or  in  the best interests of the child should
28        not adopt the child.
29        Within  30  days  of  the  consent  becoming  void,   the
30    Department  of  Children  and  Family  Services  Guardianship
31    Administrator  shall  make  good faith attempts to notify the
32    parent in writing and shall give written notice to the  court
33    and  all  additional parties in writing that the adoption has
34    not occurred or will not occur and that the consent is  void.
SB1339 Enrolled            -140-               LRB9011267SMpk
 1    If  the  adoption  by  a specified person or persons does not
 2    occur, no proceeding for termination of parental rights shall
 3    be brought unless the  biological  parent  who  executed  the
 4    consent to adoption by a specified person or persons has been
 5    notified  of the proceeding pursuant to Section 7 of this Act
 6    or subsection (4) of Section 2-13 of the Juvenile  Court  Act
 7    of 1987.  The parent shall not need to take further action to
 8    revoke  the consent if the specified adoption does not occur,
 9    notwithstanding the provisions of Section 11 of this Act.
10        (6)  The Department of Children and  Family  Services  is
11    authorized  to  promulgate  rules necessary to implement this
12    subsection O.
13        (7)  The  Department  shall  collect  and  maintain  data
14    concerning the efficacy  of  specific  consents.   This  data
15    shall  include  the  number of specific consents executed and
16    their outcomes, including but not limited to  the  number  of
17    children  adopted  pursuant  to  the  consents, the number of
18    children for whom adoptions are not completed, and the reason
19    or reasons why the adoptions are not completed.
20    (Source: P.A. 89-704, eff. 8-16-97 (changed  from  1-1-98  by
21    P.A. 90-443); revised 12-18-97.)
22        (750 ILCS 50/15.1) (from Ch. 40, par. 1519.1)
23        Sec.  15.1.  (a)  Any  person over the age of 18, who has
24    cared for a child for a continuous period of one year or more
25    as a foster parent licensed under the Child Care Act of  1969
26    to  operate  a  foster  family home, may apply to the child's
27    guardian with the power to  consent  to  adoption,  for  such
28    guardian's consent.
29        (b)  Such   guardian  shall  give  preference  and  first
30    consideration to that application over all other applications
31    for adoption of the child but the guardian's  final  decision
32    shall be based on the welfare and best interest of the child.
33    In arriving at this decision, the guardian shall consider all
SB1339 Enrolled            -141-               LRB9011267SMpk
 1    relevant factors including but not limited to:
 2             (1)  the wishes of the child;
 3             (2)  the  interaction  and  interrelationship of the
 4        child with the applicant to adopt the child;
 5             (3)  the child's need for stability  and  continuity
 6        of relationship with parent figures;
 7             (4)  the  wishes  of the child's parent as expressed
 8        in writing prior to that parent's execution of a  consent
 9        or surrender for adoption;
10             (5)  the  child's  adjustment  to  his present home,
11        school and community;
12             (6)  the  mental  and   physical   health   of   all
13        individuals involved;
14             (7)  the  family  ties  between  the  child  and the
15        applicant to adopt the child and the value of  preserving
16        family  ties between the child and the child's relatives,
17        including siblings;
18             (8)  the   background,   race,   ethnic    heritage,
19        behavior, age and living arrangements of the applicant to
20        adopt the child;
21             (9)  the  criminal background check report presented
22        to the court as part of the investigation required  under
23        Section 6 of this Act.
24        (c)  The  final  determination  of  the  propriety of the
25    adoption shall be within the sole discretion  of  the  court,
26    which  shall  base  its  decision  on  the  welfare  and best
27    interest of the child.  In arriving  at  this  decision,  the
28    court  shall  consider all relevant factors including but not
29    limited to the factors in subsection (b).
30        (d)  If the court specifically finds  that  the  guardian
31    has  abused  his  discretion  by  withholding  consent  to an
32    adoption  in  violation  of  the  child's  welfare  and  best
33    interests, then the court may grant an adoption, after all of
34    the other provisions of this Act  have  been  complied  with,
SB1339 Enrolled            -142-               LRB9011267SMpk
 1    with  or  without  the  consent of the guardian with power to
 2    consent to adoption.  If the court  specifically  finds  that
 3    the guardian has abused his discretion by granting consent to
 4    an  adoption  in  violation  of  the child's welfare and best
 5    interests, then the court may deny an  adoption  even  though
 6    the  guardian with power to consent to adoption has consented
 7    to it.
 8    (Source: P.A. 87-1129.)
 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.

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