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90_SB1339sam002
LRB9011267SMdvam02
1 AMENDMENT TO SENATE BILL 1339
2 AMENDMENT NO. . Amend Senate Bill 1339, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT regarding children, amending named Acts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Children and Family Services Act is
8 amended by changing Sections 5 and 8 as follows:
9 (20 ILCS 505/5) (from Ch. 23, par. 5005)
10 Sec. 5. Direct child welfare services; Department of
11 Children and Family Services. To provide direct child welfare
12 services when not available through other public or private
13 child care or program facilities.
14 (a) For purposes of this Section:
15 (1) "Children" means persons found within the State
16 who are under the age of 18 years. The term also
17 includes persons under age 19 who:
18 (A) were committed to the Department pursuant
19 to the Juvenile Court Act or the Juvenile Court Act
20 of 1987, as amended, prior to the age of 18 and who
21 continue under the jurisdiction of the court; or
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1 (B) were accepted for care, service and
2 training by the Department prior to the age of 18
3 and whose best interest in the discretion of the
4 Department would be served by continuing that care,
5 service and training because of severe emotional
6 disturbances, physical disability, social adjustment
7 or any combination thereof, or because of the need
8 to complete an educational or vocational training
9 program.
10 (2) "Homeless youth" means persons found within the
11 State who are under the age of 19, are not in a safe and
12 stable living situation and cannot be reunited with their
13 families.
14 (3) "Child welfare services" means public social
15 services which are directed toward the accomplishment of
16 the following purposes:
17 (A) protecting and promoting the health,
18 safety and welfare of children, including homeless,
19 dependent or neglected children;
20 (B) remedying, or assisting in the solution of
21 problems which may result in, the neglect, abuse,
22 exploitation or delinquency of children;
23 (C) preventing the unnecessary separation of
24 children from their families by identifying family
25 problems, assisting families in resolving their
26 problems, and preventing the breakup of the family
27 where the prevention of child removal is desirable
28 and possible when the child can be cared for at home
29 without endangering the child's health and safety;
30 (D) restoring to their families children who
31 have been removed, by the provision of services to
32 the child and the families when the child can be
33 cared for at home without endangering the child's
34 health and safety;
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1 (E) placing children in suitable adoptive
2 homes, in cases where restoration to the biological
3 family is not safe, possible or appropriate;
4 (F) assuring safe and adequate care of
5 children away from their homes, in cases where the
6 child cannot be returned home or cannot be placed
7 for adoption. At the time of placement, the
8 Department shall consider concurrent planning, as
9 described in subsection (l-1) of this Section so
10 that permanency may occur at the earliest
11 opportunity. Consideration should be given so that
12 if reunification fails or is delayed, the placement
13 made is the best available placement to provide
14 permanency for the child;
15 (G) (blank);
16 (H) (blank); and
17 (I) placing and maintaining children in
18 facilities that provide separate living quarters for
19 children under the age of 18 and for children 18
20 years of age and older, unless a child 18 years of
21 age is in the last year of high school education or
22 vocational training, in an approved individual or
23 group treatment program, or in a licensed shelter
24 facility. The Department is not required to place or
25 maintain children:
26 (i) who are in a foster home, or
27 (ii) who are persons with a developmental
28 disability, as defined in the Mental Health and
29 Developmental Disabilities Code, or
30 (iii) who are female children who are
31 pregnant, pregnant and parenting or parenting,
32 or
33 (iv) who are siblings,
34 in facilities that provide separate living quarters
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1 for children 18 years of age and older and for
2 children under 18 years of age.
3 (b) Nothing in this Section shall be construed to
4 authorize the expenditure of public funds for the purpose of
5 performing abortions.
6 (c) The Department shall establish and maintain
7 tax-supported child welfare services and extend and seek to
8 improve voluntary services throughout the State, to the end
9 that services and care shall be available on an equal basis
10 throughout the State to children requiring such services.
11 (d) The Director may authorize advance disbursements for
12 any new program initiative to any agency contracting with the
13 Department. As a prerequisite for an advance disbursement,
14 the contractor must post a surety bond in the amount of the
15 advance disbursement and have a purchase of service contract
16 approved by the Department. The Department may pay up to 2
17 months operational expenses in advance. The amount of the
18 advance disbursement shall be prorated over the life of the
19 contract or the remaining months of the fiscal year,
20 whichever is less, and the installment amount shall then be
21 deducted from future bills. Advance disbursement
22 authorizations for new initiatives shall not be made to any
23 agency after that agency has operated during 2 consecutive
24 fiscal years. The requirements of this Section concerning
25 advance disbursements shall not apply with respect to the
26 following: payments to local public agencies for child day
27 care services as authorized by Section 5a of this Act; and
28 youth service programs receiving grant funds under Section
29 17a-4.
30 (e) (Blank).
31 (f) (Blank).
32 (g) The Department shall establish rules and regulations
33 concerning its operation of programs designed to meet the
34 goals of child safety and protection, family preservation,
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1 family reunification, and adoption, including but not limited
2 to:
3 (1) adoption;
4 (2) foster care;
5 (3) family counseling;
6 (4) protective services;
7 (5) (blank);
8 (6) homemaker service;
9 (7) return of runaway children;
10 (8) (blank);
11 (9) placement under Section 5-7 of the Juvenile
12 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
13 Juvenile Court Act of 1987 in accordance with the federal
14 Adoption Assistance and Child Welfare Act of 1980; and
15 (10) interstate services.
16 Rules and regulations established by the Department shall
17 include provisions for training Department staff and the
18 staff of Department grantees, through contracts with other
19 agencies or resources, in alcohol and drug abuse screening
20 techniques to identify children and adults who should be
21 referred to an alcohol and drug abuse treatment program for
22 professional evaluation.
23 (h) If the Department finds that there is no appropriate
24 program or facility within or available to the Department for
25 a ward and that no licensed private facility has an adequate
26 and appropriate program or none agrees to accept the ward,
27 the Department shall create an appropriate individualized,
28 program-oriented plan for such ward. The plan may be
29 developed within the Department or through purchase of
30 services by the Department to the extent that it is within
31 its statutory authority to do.
32 (i) Service programs shall be available throughout the
33 State and shall include but not be limited to the following
34 services:
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1 (1) case management;
2 (2) homemakers;
3 (3) counseling;
4 (4) parent education;
5 (5) day care; and
6 (6) emergency assistance and advocacy.
7 In addition, the following services may be made available
8 to assess and meet the needs of children and families:
9 (1) comprehensive family-based services;
10 (2) assessments;
11 (3) respite care; and
12 (4) in-home health services.
13 The Department shall provide transportation for any of
14 the services it makes available to children or families or
15 for which it refers children or families.
16 (j) The Department may provide categories of financial
17 assistance and education assistance grants, and shall
18 establish rules and regulations concerning the assistance and
19 grants, to persons who adopt physically or mentally
20 handicapped, older and other hard-to-place children who (i)
21 immediately prior to their adoption were legal wards of the
22 Department or (ii) were determined eligible for financial
23 assistance with respect to a prior adoption and who become
24 available for adoption because the prior adoption has been
25 dissolved and the parental rights of the adoptive parents
26 have been terminated or because the child's adoptive parents
27 have died. The Department may also provide categories of
28 financial assistance and education assistance grants, and
29 shall establish rules and regulations for the assistance and
30 grants, to persons appointed guardian of the person under
31 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
32 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
33 who were wards of the Department for 12 months immediately
34 prior to the appointment of the successor guardian and for
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1 whom the Department has set a goal of permanent family
2 placement with a foster family.
3 The amount of assistance may vary, depending upon the
4 needs of the child and the adoptive parents, as set forth in
5 the annual assistance agreement. Special purpose grants are
6 allowed where the child requires special service but such
7 costs may not exceed the amounts which similar services would
8 cost the Department if it were to provide or secure them as
9 guardian of the child.
10 Any financial assistance provided under this subsection
11 is inalienable by assignment, sale, execution, attachment,
12 garnishment, or any other remedy for recovery or collection
13 of a judgment or debt.
14 (j-5) The Department shall not deny or delay the
15 placement of a child for adoption if an approved family is
16 available either outside of the Department region handling
17 the case, or outside of the State of Illinois.
18 (k) The Department shall accept for care and training
19 any child who has been adjudicated neglected or abused, or
20 dependent committed to it pursuant to the Juvenile Court Act
21 or the Juvenile Court Act of 1987.
22 (l) Before July 1, 2000, the Department may provide, and
23 beginning July 1, 2000, the Department shall offer family
24 preservation services, as defined in Section 8.2 of the
25 Abused and Neglected Child Reporting Act, to help families,
26 including adoptive and extended families. Family preservation
27 services shall be offered (i) where safe and appropriate, to
28 prevent the placement of children in substitute care when the
29 children can be cared for at home or in the custody of the
30 person responsible for the children's welfare without
31 endangering the children's health or safety, (ii) to reunite
32 children with their families if so placed when reunification
33 is an appropriate goal, or (iii) to maintain an adoptive
34 placement provide, family preservation services, as
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1 determined to be appropriate and in the child's best
2 interests and when the child will be safe and not be in
3 imminent risk of harm, to any family whose child has been
4 placed in substitute care, any persons who have adopted a
5 child and require post-adoption services, or any persons
6 whose child or children are at risk of being placed outside
7 their home as documented by an "indicated" report of
8 suspected child abuse or neglect determined pursuant to the
9 Abused and Neglected Child Reporting Act. Nothing in this
10 paragraph shall be construed to create a private right of
11 action or claim on the part of any individual or child
12 welfare agency.
13 The Department shall notify the child and his family of
14 the Department's responsibility to offer and provide family
15 preservation services as identified in the service plan. The
16 child and his family shall be eligible for services as soon
17 as the report is determined to be "indicated". The
18 Department may offer services to any child or family with
19 respect to whom a report of suspected child abuse or neglect
20 has been filed, prior to concluding its investigation under
21 Section 7.12 of the Abused and Neglected Child Reporting Act.
22 However, the child's or family's willingness to accept
23 services shall not be considered in the investigation. The
24 Department may also provide services to any child or family
25 who is the subject of any report of suspected child abuse or
26 neglect or may refer such child or family to services
27 available from other agencies in the community, even if the
28 report is determined to be unfounded, if the conditions in
29 the child's or family's home are reasonably likely to subject
30 the child or family to future reports of suspected child
31 abuse or neglect. Acceptance of such services shall be
32 voluntary.
33 The Department may, at its discretion except for those
34 children also adjudicated neglected or dependent, accept for
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1 care and training any child who has been adjudicated
2 addicted, as a truant minor in need of supervision or as a
3 minor requiring authoritative intervention, under the
4 Juvenile Court Act or the Juvenile Court Act of 1987, but no
5 such child shall be committed to the Department by any court
6 without the approval of the Department. A minor charged with
7 a criminal offense under the Criminal Code of 1961 or
8 adjudicated delinquent shall not be placed in the custody of
9 or committed to the Department by any court, except a minor
10 less than 13 years of age committed to the Department under
11 Section 5-23 of the Juvenile Court Act of 1987.
12 (l-1) The legislature recognizes that the best interests
13 of the child require that the child be placed in the most
14 permanent living arrangement as soon as is practically
15 possible. To achieve this goal, the legislature directs the
16 Department of Children and Family Services to conduct
17 concurrent planning so that permanency may occur at the
18 earliest opportunity. Permanent living arrangements may
19 include prevention of placement of a child outside the home
20 of the family when the child can be cared for at home without
21 endangering the child's health or safety; reunification with
22 the family, when safe and appropriate, if temporary placement
23 is necessary; or movement of the child toward the most
24 permanent living arrangement and permanent legal status.
25 When determining reasonable efforts to be made with
26 respect to a child, as described in this subsection, and in
27 making such reasonable efforts, the child's health and safety
28 shall be the paramount concern.
29 When a child is placed in foster care, the Department
30 shall ensure and document that reasonable efforts were made
31 to prevent or eliminate the need to remove the child from the
32 child's home. The Department must make reasonable efforts to
33 reunify the family when temporary placement of the child
34 occurs unless otherwise required, pursuant to the Juvenile
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1 Court Act of 1987 or must request a finding from the court
2 that reasonable efforts are not appropriate or have been
3 unsuccessful. At any time after the dispositional hearing
4 where the Department believes that further reunification
5 services would be ineffective, it may request a finding from
6 the court that reasonable efforts are no longer appropriate.
7 The Department is not required to provide further
8 reunification services after such a finding.
9 A decision to place a child in substitute care shall be
10 made with considerations of the child's health, safety, and
11 best interests. At the time of placement, consideration
12 should also be given so that if reunification fails or is
13 delayed, the placement made is the best available placement
14 to provide permanency for the child.
15 The Department shall adopt rules addressing concurrent
16 planning for reunification and permanency. The Department
17 shall consider the following factors when determining
18 appropriateness of concurrent planning:
19 (1) the likelihood of prompt reunification;
20 (2) the past history of the family;
21 (3) the barriers to reunification being addressed
22 by the family;
23 (4) the level of cooperation of the family;
24 (5) the foster parents' willingness to work with
25 the family to reunite;
26 (6) the willingness and ability of the foster
27 family to provide an adoptive home or long-term
28 placement;
29 (7) the age of the child;
30 (8) placement of siblings.
31 (m) The Department may assume temporary custody of any
32 child if:
33 (1) it has received a written consent to such
34 temporary custody signed by the parents of the child or
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1 by the parent having custody of the child if the parents
2 are not living together or by the guardian or custodian
3 of the child if the child is not in the custody of either
4 parent, or
5 (2) the child is found in the State and neither a
6 parent, guardian nor custodian of the child can be
7 located.
8 If the child is found in his or her residence without a
9 parent, guardian, custodian or responsible caretaker, the
10 Department may, instead of removing the child and assuming
11 temporary custody, place an authorized representative of the
12 Department in that residence until such time as a parent,
13 guardian or custodian enters the home and expresses a
14 willingness and apparent ability to ensure the child's health
15 and safety and resume permanent charge of the child, or until
16 a relative enters the home and is willing and able to ensure
17 the child's health and safety and assume charge of the child
18 until a parent, guardian or custodian enters the home and
19 expresses such willingness and ability to ensure the child's
20 safety and resume permanent charge. After a caretaker has
21 remained in the home for a period not to exceed 12 hours, the
22 Department must follow those procedures outlined in Section
23 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
24 The Department shall have the authority, responsibilities
25 and duties that a legal custodian of the child would have
26 pursuant to subsection (9) of Section 1-3 of the Juvenile
27 Court Act of 1987. Whenever a child is taken into temporary
28 custody pursuant to an investigation under the Abused and
29 Neglected Child Reporting Act, or pursuant to a referral and
30 acceptance under the Juvenile Court Act of 1987 of a minor in
31 limited custody, the Department, during the period of
32 temporary custody and before the child is brought before a
33 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
34 of the Juvenile Court Act of 1987, shall have the authority,
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1 responsibilities and duties that a legal custodian of the
2 child would have under subsection (9) of Section 1-3 of the
3 Juvenile Court Act of 1987.
4 The Department shall ensure that any child taken into
5 custody is scheduled for an appointment for a medical
6 examination.
7 A parent, guardian or custodian of a child in the
8 temporary custody of the Department who would have custody of
9 the child if he were not in the temporary custody of the
10 Department may deliver to the Department a signed request
11 that the Department surrender the temporary custody of the
12 child. The Department may retain temporary custody of the
13 child for 10 days after the receipt of the request, during
14 which period the Department may cause to be filed a petition
15 pursuant to the Juvenile Court Act of 1987. If a petition is
16 so filed, the Department shall retain temporary custody of
17 the child until the court orders otherwise. If a petition is
18 not filed within the 10 day period, the child shall be
19 surrendered to the custody of the requesting parent, guardian
20 or custodian not later than the expiration of the 10 day
21 period, at which time the authority and duties of the
22 Department with respect to the temporary custody of the child
23 shall terminate.
24 (n) The Department may place children under 18 years of
25 age in licensed child care facilities when in the opinion of
26 the Department, appropriate services aimed at family
27 preservation have been unsuccessful and cannot ensure the
28 child's health and safety or are unavailable and such
29 placement would be for their best interest. Payment for
30 board, clothing, care, training and supervision of any child
31 placed in a licensed child care facility may be made by the
32 Department, by the parents or guardians of the estates of
33 those children, or by both the Department and the parents or
34 guardians, except that no payments shall be made by the
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1 Department for any child placed in a licensed child care
2 facility for board, clothing, care, training and supervision
3 of such a child that exceed the average per capita cost of
4 maintaining and of caring for a child in institutions for
5 dependent or neglected children operated by the Department.
6 However, such restriction on payments does not apply in cases
7 where children require specialized care and treatment for
8 problems of severe emotional disturbance, physical
9 disability, social adjustment, or any combination thereof and
10 suitable facilities for the placement of such children are
11 not available at payment rates within the limitations set
12 forth in this Section. All reimbursements for services
13 delivered shall be absolutely inalienable by assignment,
14 sale, attachment, garnishment or otherwise.
15 (o) The Department shall establish an administrative
16 review and appeal process for children and families who
17 request or receive child welfare services from the
18 Department. Children who are wards of the Department and are
19 placed by private child welfare agencies, and foster families
20 with whom those children are placed, shall be afforded the
21 same procedural and appeal rights as children and families in
22 the case of placement by the Department, including the right
23 to an initial review of a private agency decision by that
24 agency. The Department shall insure that any private child
25 welfare agency, which accepts wards of the Department for
26 placement, affords those rights to children and foster
27 families. The Department shall accept for administrative
28 review and an appeal hearing a complaint made by (i) a child
29 or foster family concerning a decision following an initial
30 review by a private child welfare agency or (ii) a
31 prospective adoptive parent who alleges a violation of
32 subsection (j-5) of this Section. An appeal of a decision
33 concerning a change in the placement of a child shall be
34 conducted in an expedited manner.
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1 (p) There is hereby created the Department of Children
2 and Family Services Emergency Assistance Fund from which the
3 Department may provide special financial assistance to
4 families which are in economic crisis when such assistance is
5 not available through other public or private sources and the
6 assistance is deemed necessary to prevent dissolution of the
7 family unit or to reunite families which have been separated
8 due to child abuse and neglect. The Department shall
9 establish administrative rules specifying the criteria for
10 determining eligibility for and the amount and nature of
11 assistance to be provided. The Department may also enter
12 into written agreements with private and public social
13 service agencies to provide emergency financial services to
14 families referred by the Department. Special financial
15 assistance payments shall be available to a family no more
16 than once during each fiscal year and the total payments to a
17 family may not exceed $500 during a fiscal year.
18 (q) The Department may receive and use, in their
19 entirety, for the benefit of children any gift, donation or
20 bequest of money or other property which is received on
21 behalf of such children, or any financial benefits to which
22 such children are or may become entitled while under the
23 jurisdiction or care of the Department.
24 The Department shall set up and administer no-cost,
25 interest-bearing savings accounts in appropriate financial
26 institutions ("individual accounts") for children for whom
27 the Department is legally responsible and who have been
28 determined eligible for Veterans' Benefits, Social Security
29 benefits, assistance allotments from the armed forces, court
30 ordered payments, parental voluntary payments, Supplemental
31 Security Income, Railroad Retirement payments, Black Lung
32 benefits, or other miscellaneous payments. Interest earned
33 by each individual account shall be credited to the account,
34 unless disbursed in accordance with this subsection.
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1 In disbursing funds from children's individual accounts,
2 the Department shall:
3 (1) Establish standards in accordance with State
4 and federal laws for disbursing money from children's
5 individual accounts. In all circumstances, the
6 Department's "Guardianship Administrator" or his or her
7 designee must approve disbursements from children's
8 individual accounts. The Department shall be responsible
9 for keeping complete records of all disbursements for
10 each individual account for any purpose.
11 (2) Calculate on a monthly basis the amounts paid
12 from State funds for the child's board and care, medical
13 care not covered under Medicaid, and social services; and
14 utilize funds from the child's individual account, as
15 covered by regulation, to reimburse those costs.
16 Monthly, disbursements from all children's individual
17 accounts, up to 1/12 of $13,000,000, shall be deposited
18 by the Department into the General Revenue Fund and the
19 balance over 1/12 of $13,000,000 into the DCFS Children's
20 Services Fund.
21 (3) Maintain any balance remaining after
22 reimbursing for the child's costs of care, as specified
23 in item (2). The balance shall accumulate in accordance
24 with relevant State and federal laws and shall be
25 disbursed to the child or his or her guardian, or to the
26 issuing agency.
27 (r) The Department shall promulgate regulations
28 encouraging all adoption agencies to voluntarily forward to
29 the Department or its agent names and addresses of all
30 persons who have applied for and have been approved for
31 adoption of a hard-to-place or handicapped child and the
32 names of such children who have not been placed for adoption.
33 A list of such names and addresses shall be maintained by the
34 Department or its agent, and coded lists which maintain the
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1 confidentiality of the person seeking to adopt the child and
2 of the child shall be made available, without charge, to
3 every adoption agency in the State to assist the agencies in
4 placing such children for adoption. The Department may
5 delegate to an agent its duty to maintain and make available
6 such lists. The Department shall ensure that such agent
7 maintains the confidentiality of the person seeking to adopt
8 the child and of the child.
9 (s) The Department of Children and Family Services may
10 establish and implement a program to reimburse Department and
11 private child welfare agency foster parents licensed by the
12 Department of Children and Family Services for damages
13 sustained by the foster parents as a result of the malicious
14 or negligent acts of foster children, as well as providing
15 third party coverage for such foster parents with regard to
16 actions of foster children to other individuals. Such
17 coverage will be secondary to the foster parent liability
18 insurance policy, if applicable. The program shall be funded
19 through appropriations from the General Revenue Fund,
20 specifically designated for such purposes.
21 (t) The Department shall perform home studies and
22 investigations and shall exercise supervision over visitation
23 as ordered by a court pursuant to the Illinois Marriage and
24 Dissolution of Marriage Act or the Adoption Act only if:
25 (1) an order entered by an Illinois court
26 specifically directs the Department to perform such
27 services; and
28 (2) the court has ordered one or both of the
29 parties to the proceeding to reimburse the Department for
30 its reasonable costs for providing such services in
31 accordance with Department rules, or has determined that
32 neither party is financially able to pay.
33 The Department shall provide written notification to the
34 court of the specific arrangements for supervised visitation
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1 and projected monthly costs within 60 days of the court
2 order. The Department shall send to the court information
3 related to the costs incurred except in cases where the court
4 has determined the parties are financially unable to pay. The
5 court may order additional periodic reports as appropriate.
6 (u) Whenever the Department places a child in a licensed
7 foster home, group home, child care institution, or in a
8 relative home, the Department shall provide to the caretaker:
9 (1) available detailed information concerning the
10 child's educational and health history, copies of
11 immunization records (including insurance and medical
12 card information), a history of the child's previous
13 placements, if any, and reasons for placement changes
14 excluding any information that identifies or reveals the
15 location of any previous caretaker;
16 (2) a copy of the child's portion of the client
17 service plan, including any visitation arrangement, and
18 all amendments or revisions to it as related to the
19 child; and
20 (3) information containing details of the child's
21 individualized educational plan when the child is
22 receiving special education services.
23 The caretaker shall be informed of any known social or
24 behavioral information (including, but not limited to,
25 criminal background, fire setting, perpetuation of sexual
26 abuse, destructive behavior, and substance abuse) necessary
27 to care for and safeguard the child.
28 (u-5) Effective July 1, 1995, only foster care
29 placements licensed as foster family homes pursuant to the
30 Child Care Act of 1969 shall be eligible to receive foster
31 care payments from the Department. Relative caregivers who,
32 as of July 1, 1995, were approved pursuant to approved
33 relative placement rules previously promulgated by the
34 Department at 89 Ill. Adm. Code 335 and had submitted an
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1 application for licensure as a foster family home may
2 continue to receive foster care payments only until the
3 Department determines that they may be licensed as a foster
4 family home or that their application for licensure is denied
5 or until September 30, 1995, whichever occurs first.
6 (v) The Department shall access criminal history record
7 information as defined in the Illinois Uniform Conviction
8 Information Act and information maintained in the
9 adjudicatory and dispositional record system as defined in
10 subdivision (A)19 of Section 55a of the Civil Administrative
11 Code of Illinois if the Department determines the information
12 is necessary to perform its duties under the Abused and
13 Neglected Child Reporting Act, the Child Care Act of 1969,
14 and the Children and Family Services Act. The Department
15 shall provide for interactive computerized communication and
16 processing equipment that permits direct on-line
17 communication with the Department of State Police's central
18 criminal history data repository. The Department shall
19 comply with all certification requirements and provide
20 certified operators who have been trained by personnel from
21 the Department of State Police. In addition, one Office of
22 the Inspector General investigator shall have training in the
23 use of the criminal history information access system and
24 have access to the terminal. The Department of Children and
25 Family Services and its employees shall abide by rules and
26 regulations established by the Department of State Police
27 relating to the access and dissemination of this information.
28 (w) Within 120 days of August 20, 1995 (the effective
29 date of Public Act 89-392), the Department shall prepare and
30 submit to the Governor and the General Assembly, a written
31 plan for the development of in-state licensed secure child
32 care facilities that care for children who are in need of
33 secure living arrangements for their health, safety, and
34 well-being. For purposes of this subsection, secure care
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1 facility shall mean a facility that is designed and operated
2 to ensure that all entrances and exits from the facility, a
3 building or a distinct part of the building, are under the
4 exclusive control of the staff of the facility, whether or
5 not the child has the freedom of movement within the
6 perimeter of the facility, building, or distinct part of the
7 building. The plan shall include descriptions of the types
8 of facilities that are needed in Illinois; the cost of
9 developing these secure care facilities; the estimated number
10 of placements; the potential cost savings resulting from the
11 movement of children currently out-of-state who are projected
12 to be returned to Illinois; the necessary geographic
13 distribution of these facilities in Illinois; and a proposed
14 timetable for development of such facilities.
15 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
16 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
17 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
18 revised 10-20-97.)
19 (20 ILCS 505/8) (from Ch. 23, par. 5008)
20 Sec. 8. Scholarships and fee waivers. Each year the
21 Department may select from among the children under care, or
22 children formerly under care who have been adopted or are in
23 the subsidized guardianship program, a maximum of 48 24
24 students, (at least 4 of whom shall be children of veterans),
25 who have completed 4 years in an accredited high school; the
26 children selected who shall be eligible for scholarships and
27 fee waivers which will entitle them to 4 consecutive years of
28 community college, university, or college education.
29 Selection shall be made on the basis of scholastic record,
30 aptitude, and general interest in higher education. In
31 accordance with this Act, tuition scholarships and fee
32 waivers shall be available to such students at any university
33 or college maintained by the State of Illinois. The
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1 Department shall provide maintenance and school expenses,
2 except tuition and fees, during the academic years to
3 supplement the students' earnings or other resources so long
4 as they consistently maintain scholastic records which are
5 acceptable to their schools and to the Department. Students
6 may attend other colleges and universities, if scholarships
7 are awarded them, and receive the same benefits for
8 maintenance and other expenses as those students attending
9 any Illinois State community college, university, or college
10 under this Section.
11 (Source: P.A. 84-168.)
12 Section 10. The Child Death Review Team Act is amended
13 by changing Section 20 as follows:
14 (20 ILCS 515/20)
15 Sec. 20. Reviews of child deaths.
16 (a) Every child death shall be reviewed by the team in
17 the subregion which has primary case management
18 responsibility. The deceased child must be one of the
19 following:
20 (1) A ward of the Department.
21 (2) The subject of an open service case maintained
22 by the Department.
23 (3) The subject of a pending child abuse or neglect
24 investigation.
25 (4) A child who was the subject of an abuse or
26 neglect investigation at any time during the 12 months
27 preceding the child's death.
28 (5) Any other child whose death is reported to the
29 State central register as a result of alleged child abuse
30 or neglect which report is subsequently indicated.
31 A child death review team may, at its discretion, review
32 other sudden, unexpected, or unexplained child deaths.
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1 (b) A child death review team's purpose in conducting
2 reviews of child deaths is to do the following:
3 (1) Assist in determining the cause and manner of
4 the child's death, when requested.
5 (2) Evaluate means by which the death might have
6 been prevented.
7 (3) Report its findings to appropriate agencies and
8 make recommendations that may help to reduce the number
9 of child deaths caused by abuse or neglect.
10 (4) Promote continuing education for professionals
11 involved in investigating, treating, and preventing child
12 abuse and neglect as a means of preventing child deaths
13 due to abuse or neglect.
14 (5) Make specific recommendations to the Director
15 and the Inspector General of the Department concerning
16 the prevention of child deaths due to abuse or neglect
17 and the establishment of protocols for investigating
18 child deaths.
19 (c) A child death review team shall review a child death
20 as soon as practical and not later than 90 days following the
21 completion by the Department of the investigation of the
22 death under the Abused and Neglected Child Reporting Act.
23 When there has been no investigation by the Department, the
24 child death review team shall review a child's death within
25 90 days after obtaining the information necessary to complete
26 the review from the coroner, pathologist, medical examiner,
27 or law enforcement agency, depending on the nature of the
28 case. A child death review team shall meet at least once in
29 each calendar quarter.
30 (d) The Director shall, within 90 days, review and reply
31 to recommendations made by a team under item (5) of
32 subsection (b). The Director shall implement recommendations
33 as feasible and appropriate and shall respond in writing to
34 explain the implementation or nonimplementation of the
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1 recommendations.
2 (Source: P.A. 90-239, eff. 7-28-97.)
3 Section 15. The Hospital Licensing Act is amended by
4 changing Section 9 as follows:
5 (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
6 Sec. 9. The Department shall make or cause to be made
7 such inspections and investigations as it deems necessary.
8 Information received by the Department through filed reports,
9 inspection, or as otherwise authorized under this Act shall
10 not be disclosed publicly in such manner as to identify
11 individuals or hospitals, except (i) in a proceeding
12 involving the denial, suspension, or revocation of a permit
13 to establish a hospital or a proceeding involving the denial,
14 suspension, or revocation of a license to open, conduct,
15 operate, and maintain a hospital, (ii) to the Department of
16 Children and Family Services in the course of a child abuse
17 or neglect investigation conducted by that Department or by
18 the Department of Public Health, or (iii) in other
19 circumstances as may be approved by the Hospital Licensing
20 Board.
21 (Source: Laws 1965, p. 2350.)
22 Section 20. The Abused and Neglected Child Reporting Act
23 is amended by changing Section 8.2 as follows:
24 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
25 Sec. 8.2. If the Child Protective Service Unit
26 determines, following an investigation made pursuant to
27 Section 7.4 of this Act, that there is credible evidence that
28 the child is abused or neglected, the Department shall assess
29 the family's need for services, and, as necessary, develop,
30 with the family, an appropriate service plan for the family's
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1 voluntary acceptance or refusal. In any case where there is
2 evidence that the perpetrator of the abuse or neglect is an
3 addict or alcoholic as defined in the Alcoholism and Other
4 Drug Abuse and Dependency Act, the Department, when making
5 referrals for drug or alcohol abuse services, shall make such
6 referrals to facilities licensed by the Department of Human
7 Services or the Department of Public Health. The Department
8 shall comply with Section 8.1 by explaining its lack of legal
9 authority to compel the acceptance of services and may
10 explain its concomitant authority to petition the Circuit
11 court under the Juvenile Court Act of 1987 or refer the case
12 to the local law enforcement authority or State's attorney
13 for criminal prosecution.
14 For purposes of this Act, the term "family preservation
15 services" refers to all services to help families, including
16 adoptive and extended families. Family preservation services
17 shall be offered, where safe and appropriate, to prevent the
18 placement of children in substitute care when the children
19 can be cared for at home or in the custody of the person
20 responsible for the children's welfare without endangering
21 the children's health or safety, to reunite them with their
22 families if so placed when reunification is an appropriate
23 goal, or to maintain an adoptive placement. The term
24 "homemaker" includes emergency caretakers, homemakers,
25 caretakers, housekeepers and chore services. The term
26 "counseling" includes individual therapy, infant stimulation
27 therapy, family therapy, group therapy, self-help groups,
28 drug and alcohol abuse counseling, vocational counseling and
29 post-adoptive services. The term "day care" includes
30 protective day care and day care to meet educational,
31 prevocational or vocational needs. The term "emergency
32 assistance and advocacy" includes coordinated services to
33 secure emergency cash, food, housing and medical assistance
34 or advocacy for other subsistence and family protective
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1 needs.
2 Before July 1, 2000, appropriate family preservation
3 services shall, subject to appropriation, be included in the
4 service plan if the Department has determined that those
5 services will ensure the child's health and safety, are in
6 the child's best interests, and will not place the child in
7 imminent risk of harm. Beginning July 1, 2000, appropriate
8 family preservation services shall be uniformly available
9 throughout the State. The Department shall promptly notify
10 children and families of the Department's responsibility to
11 offer and provide family preservation services as identified
12 in the service plan. Such plans may include but are not
13 limited to: case management services; homemakers; counseling;
14 parent education; day care; emergency assistance and advocacy
15 assessments; respite care; in-home health care;
16 transportation to obtain any of the above services; and
17 medical assistance. Nothing in this paragraph shall be
18 construed to create a private right of action or claim on the
19 part of any individual or child welfare agency.
20 The Department shall provide a preliminary report to the
21 General Assembly no later than January 1, 1991, in regard to
22 the provision of services authorized pursuant to this
23 Section. The report shall include:
24 (a) the number of families and children served, by
25 type of services;
26 (b) the outcome from the provision of such
27 services, including the number of families which remained
28 intact at least 6 months following the termination of
29 services;
30 (c) the number of families which have been subjects
31 of founded reports of abuse following the termination of
32 services;
33 (d) an analysis of general family circumstances in
34 which family preservation services have been determined
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1 to be an effective intervention;
2 (e) information regarding the number of families in
3 need of services but unserved due to budget or program
4 criteria guidelines;
5 (f) an estimate of the time necessary for and the
6 annual cost of statewide implementation of such services;
7 (g) an estimate of the length of time before
8 expansion of these services will be made to include
9 families with children over the age of 6; and
10 (h) recommendations regarding any proposed
11 legislative changes to this program.
12 Each Department field office shall maintain on a local
13 basis directories of services available to children and
14 families in the local area where the Department office is
15 located.
16 The Department shall refer children and families served
17 pursuant to this Section to private agencies and governmental
18 agencies, where available.
19 Where there are 2 equal proposals from both a
20 not-for-profit and a for-profit agency to provide services,
21 the Department shall give preference to the proposal from the
22 not-for-profit agency.
23 No service plan shall compel any child or parent to
24 engage in any activity or refrain from any activity which is
25 not reasonably related to remedying a condition or conditions
26 that gave rise or which could give rise to any finding of
27 child abuse or neglect.
28 (Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14,
29 eff. 7-1-97; 90-28, eff. 1-1-98.)
30 Section 25. The Vital Records Act is amended by changing
31 Section 8 as follows:
32 (410 ILCS 535/8) (from Ch. 111 1/2, par. 73-8)
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1 Sec. 8. Each local registrar shall:
2 (1) Appoint one or more deputies to act for him in his
3 absence or to assist him. Such deputies shall be subject to
4 all rules and regulations governing local registrars.
5 (2) Appoint one or more subregistrars when necessary for
6 the convenience of the people. To become effective, such
7 appointments must be approved by the State Registrar of Vital
8 Records. A subregistrar shall exercise such authority as is
9 given him by the local registrar and is subject to the
10 supervision and control of the State Registrar of Vital
11 Records, and shall be liable to the same penalties as local
12 registrars, as provided in Section 27 of this Act.
13 (3) Administer and enforce the provisions of this Act
14 and the instructions, rules, and regulations issued
15 hereunder.
16 (4) Require that certificates be completed and filed in
17 accordance with the provisions of this Act and the rules and
18 regulations issued hereunder.
19 (5) Prepare and transmit monthly an accurate copy of
20 each record of live birth, death, and fetal death to the
21 county clerk of his county. He shall also, in the case of a
22 death of a person who was a resident of another county,
23 prepare an additional copy of the death record and transmit
24 it to the county clerk of the county in which such person was
25 a resident. In no case shall the county clerk's copy of a
26 live birth record include the section of the certificate
27 which contains information for health and statistical program
28 use only.
29 (6) (Blank).
30 (7) Prepare, file, and retain for a period of at least
31 10 years in his own office an accurate copy of each record of
32 live birth, death, and fetal death accepted for registration.
33 Only in those instances in which the local registrar is also
34 a full time city, village, incorporated town, public health
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1 district, county, or multi-county health officer recognized
2 by the Department may the health and statistical data section
3 of the live birth record be made a part of this copy.
4 (8) Transmit monthly the certificates, reports, or other
5 returns filed with him to the State Registrar of Vital
6 Records, or more frequently when directed to do so by the
7 State Registrar of Vital Records.
8 (8.5) Transmit monthly to the State central register of
9 the Illinois Department of Children and Family Services a
10 copy of all death certificates of persons under 18 years of
11 age who have died within the month.
12 (9) Maintain such records, make such reports, and
13 perform such other duties as may be required by the State
14 Registrar of Vital Records.
15 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
16 Section 30. The Juvenile Court Act of 1987 is amended
17 by changing Sections 1-2, 1-3, 1-5, 2-13, 2-14, 2-15, 2-16,
18 2-18, 2-21, 2-22, 2-23, 2-27, 2-28, 2-28.1, 2-29, and 2-31
19 and adding Section 2-13.1 as follows:
20 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
21 Sec. 1-2. Purpose and policy.
22 (1) The purpose of this Act is to secure for each minor
23 subject hereto such care and guidance, preferably in his or
24 her own home, as will serve the safety and moral, emotional,
25 mental, and physical welfare of the minor and the best
26 interests of the community; to preserve and strengthen the
27 minor's family ties whenever possible, removing him or her
28 from the custody of his or her parents only when his or her
29 safety or welfare or the protection of the public cannot be
30 adequately safeguarded without removal; if the child is
31 removed from the custody of his or her parent, the Department
32 of Children and Family Services immediately shall consider
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1 concurrent planning, as described in Section 5 of the
2 Children and Family Services Act so that permanency may occur
3 at the earliest opportunity; consideration should be given so
4 that if reunification fails or is delayed, the placement made
5 is the best available placement to provide permanency for the
6 child; and, when the minor is removed from his or her own
7 family, to secure for him or her custody, care and discipline
8 as nearly as possible equivalent to that which should be
9 given by his or her parents, and in cases where it should and
10 can properly be done to place the minor in a family home so
11 that he or she may become a member of the family by legal
12 adoption or otherwise. Provided that a ground for unfitness
13 under the Adoption Act can be met, it may be appropriate to
14 expedite termination of parental rights:
15 (a) when reasonable efforts are inappropriate, or
16 have been provided and were unsuccessful, and there are
17 aggravating circumstances including, but not limited to,
18 those cases in which (i) a child or a sibling of the
19 child was (A) abandoned, (B) tortured, or (C) chronically
20 abused or (ii) 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, solicitation to commit murder for hire, or
25 solicitation to commit second degree murder of any child,
26 or accountability for the first or second degree murder
27 of any child, or (D) aggravated criminal sexual assault
28 in violation of Section 12-14(b)(1) of the Criminal Code
29 of 1961; or
30 (b) when the parental rights of a parent with
31 respect to a sibling of the child have been involuntarily
32 terminated; or
33 (c) in those extreme cases in which the parent's
34 incapacity to care for the child, combined with an
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1 extremely poor prognosis for treatment or rehabilitation,
2 justifies expedited termination of parental rights.
3 (2) In all proceedings under this Act the court may
4 direct the course thereof so as promptly to ascertain the
5 jurisdictional facts and fully to gather information bearing
6 upon the current condition and future welfare of persons
7 subject to this Act. This Act shall be administered in a
8 spirit of humane concern, not only for the rights of the
9 parties, but also for the fears and the limits of
10 understanding of all who appear before the court.
11 (3) In all procedures under this Act, the following
12 shall apply:
13 (a) The procedural rights assured to the minor
14 shall be the rights of adults unless specifically
15 precluded by laws which enhance the protection of such
16 minors.
17 (b) Every child has a right to services necessary
18 to his or her safety and proper development, including
19 health, education and social services.
20 (c) The parents' right to the custody of their
21 child shall not prevail when the court determines that it
22 is contrary to the health, safety, and best interests of
23 the child.
24 (4) This Act shall be liberally construed to carry out
25 the foregoing purpose and policy.
26 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
27 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
28 eff. 8-16-97.)
29 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
30 Sec. 1-3. Definitions. Terms used in this Act, unless
31 the context otherwise requires, have the following meanings
32 ascribed to them:
33 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
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1 hearing to determine whether the allegations of a petition
2 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
3 of age is abused, neglected or dependent, or requires
4 authoritative intervention, or addicted, respectively, are
5 supported by a preponderance of the evidence or whether the
6 allegations of a petition under Section 5-13 that a minor is
7 delinquent are proved beyond a reasonable doubt.
8 (2) Adult. "Adult" means a person 21 years of age or
9 older.
10 (3) Agency. "Agency" means a public or private child
11 care facility legally authorized or licensed by this State
12 for placement or institutional care or for both placement and
13 institutional care.
14 (4) Association. "Association" means any organization,
15 public or private, engaged in welfare functions which include
16 services to or on behalf of children but does not include
17 "agency" as herein defined.
18 (4.05) Best Interests. Whenever a "best interest"
19 determination is required, the following factors shall be
20 considered in the context of the child's age and
21 developmental needs:
22 (a) the physical safety and welfare of the child,
23 including food, shelter, health, and clothing;
24 (b) the development of the child's identity;
25 (c) the child's background and ties, including familial,
26 racial, cultural, and religious;
27 (d) the child's sense of attachments, including:
28 (i) where the child actually feels love,
29 attachment, and a sense of being valued (as opposed to
30 where adults believe the child should feel such love,
31 attachment, and a sense of being valued);
32 (ii) the child's sense of security;
33 (iii) the child's sense of familiarity;
34 (iv) continuity of affection for the child;
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1 (v) the least disruptive placement alternative for
2 the child;
3 (e) the child's wishes and long-term goals;
4 (f) the child's community ties, including church,
5 school, and friends;
6 (g) the child's need for permanence which includes the
7 child's need for stability and continuity of relationship
8 with parent figures and with siblings and other relatives
9 permanence for the child;
10 (h) the uniqueness of every family and child;
11 (i) the risks attendant to entering and being in
12 substitute care; and
13 (j) the preferences of the persons available to care for
14 the child.
15 (4.1) Chronic truant. "Chronic truant" shall have the
16 definition ascribed to it in Section 26-2a of the School
17 Code.
18 (5) Court. "Court" means the circuit court in a session
19 or division assigned to hear proceedings under this Act.
20 (6) Dispositional hearing. "Dispositional hearing" means
21 a hearing to determine whether a minor should be adjudged to
22 be a ward of the court, and to determine what order of
23 disposition should be made in respect to a minor adjudged to
24 be a ward of the court.
25 (7) Emancipated minor. "Emancipated minor" means any
26 minor 16 years of age or over who has been completely or
27 partially emancipated under the "Emancipation of Mature
28 Minors Act", enacted by the Eighty-First General Assembly, or
29 under this Act.
30 (8) Guardianship of the person. "Guardianship of the
31 person" of a minor means the duty and authority to act in the
32 best interests of the minor, subject to residual parental
33 rights and responsibilities, to make important decisions in
34 matters having a permanent effect on the life and development
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1 of the minor and to be concerned with his or her general
2 welfare. It includes but is not necessarily limited to:
3 (a) the authority to consent to marriage, to
4 enlistment in the armed forces of the United States, or
5 to a major medical, psychiatric, and surgical treatment;
6 to represent the minor in legal actions; and to make
7 other decisions of substantial legal significance
8 concerning the minor;
9 (b) the authority and duty of reasonable
10 visitation, except to the extent that these have been
11 limited in the best interests of the minor by court
12 order;
13 (c) the rights and responsibilities of legal
14 custody except where legal custody has been vested in
15 another person or agency; and
16 (d) the power to consent to the adoption of the
17 minor, but only if expressly conferred on the guardian in
18 accordance with Section 2-29, 3-30, 4-27 or 5-31.
19 (9) Legal custody. "Legal custody" means the
20 relationship created by an order of court in the best
21 interests of the minor which imposes on the custodian the
22 responsibility of physical possession of a minor and the duty
23 to protect, train and discipline him and to provide him with
24 food, shelter, education and ordinary medical care, except as
25 these are limited by residual parental rights and
26 responsibilities and the rights and responsibilities of the
27 guardian of the person, if any.
28 (10) Minor. "Minor" means a person under the age of 21
29 years subject to this Act.
30 (11) Parents. "Parent" means the father or mother of a
31 child and includes any adoptive parent. It also includes the
32 father whose paternity is presumed or has been established
33 under the law of this or another jurisdiction. It does not
34 include a parent whose rights in respect to the minor have
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1 been terminated in any manner provided by law.
2 (11.1) "Permanency goal" means a goal set by the court
3 as defined in subdivision (2)(c) of Section 2-28 or
4 subsection (c) of Section 2-28.01 or in counties with a
5 population of 3,000,000 or more, a goal ordered by a judge.
6 (11.2) "Permanency hearing" means a hearing to set the
7 permanency goal and to review and determine (i) the
8 appropriateness of the permanency goal, (ii) the
9 appropriateness of the services contained in the plan and
10 whether those services have been provided, (ii) (iii) whether
11 reasonable efforts have been made by all the parties to the
12 service plan to achieve the goal, and (iii) (iv) whether the
13 plan and goal have been achieved.
14 (12) Petition. "Petition" means the petition provided
15 for in Section 2-13, 3-15, 4-12 or 5-13, including any
16 supplemental petitions thereunder in Section 3-15, 4-12 or
17 5-13.
18 (13) Residual parental rights and responsibilities.
19 "Residual parental rights and responsibilities" means those
20 rights and responsibilities remaining with the parent after
21 the transfer of legal custody or guardianship of the person,
22 including, but not necessarily limited to, the right to
23 reasonable visitation (which may be limited by the court in
24 the best interests of the minor as provided in subsection
25 (8)(b) of this Section), the right to consent to adoption,
26 the right to determine the minor's religious affiliation, and
27 the responsibility for his support.
28 (14) Shelter. "Shelter" means the temporary care of a
29 minor in physically unrestricting facilities pending court
30 disposition or execution of court order for placement.
31 (15) Station adjustment. "Station adjustment" means the
32 informal handling of an alleged offender by a juvenile police
33 officer.
34 (16) Ward of the court. "Ward of the court" means a
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1 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
2 5-22, after a finding of the requisite jurisdictional facts,
3 and thus is subject to the dispositional powers of the court
4 under this Act.
5 (17) Juvenile police officer. "Juvenile police officer"
6 means a sworn police officer who has completed a Basic
7 Recruit Training Course, has been assigned to the position of
8 juvenile police officer by his or her chief law enforcement
9 officer and has completed the necessary juvenile officers
10 training as prescribed by the Illinois Law Enforcement
11 Training Standards Board, or in the case of a State police
12 officer, juvenile officer training approved by the Director
13 of the Department of State Police.
14 (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; revised
15 11-12-97.)
16 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
17 Sec. 1-5. Rights of parties to proceedings.
18 (1) Except as provided in this Section and paragraph (2)
19 of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
20 subject of the proceeding and his parents, guardian, legal
21 custodian or responsible relative who are parties respondent
22 have the right to be present, to be heard, to present
23 evidence material to the proceedings, to cross-examine
24 witnesses, to examine pertinent court files and records and
25 also, although proceedings under this Act are not intended to
26 be adversary in character, the right to be represented by
27 counsel. At the request of any party financially unable to
28 employ counsel, with the exception of a foster parent
29 permitted to intervene under this Section, the court shall
30 appoint the Public Defender or such other counsel as the case
31 may require. Counsel appointed for the minor and any indigent
32 party shall appear at all stages of the trial court
33 proceeding, and such appointment shall continue through the
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1 permanency hearings and termination of parental rights
2 proceedings subject to withdrawal or substitution pursuant to
3 Supreme Court Rules or the Code of Civil Procedure. Following
4 the dispositional hearing, the court may require appointed
5 counsel, other than counsel for the minor or counsel for the
6 guardian ad litem, to withdraw his or her appearance upon
7 failure of the party for whom counsel was appointed under
8 this Section to attend any subsequent proceedings.
9 No hearing on any petition or motion filed under this Act
10 may be commenced unless the minor who is the subject of the
11 proceeding is represented by counsel. Each adult respondent
12 shall be furnished a written "Notice of Rights" at or before
13 the first hearing at which he or she appears.
14 (1.5) The Department shall maintain a system of response
15 to inquiry made by parents or putative parents as to whether
16 their child is under the custody or guardianship of the
17 Department; and if so, the Department shall direct the
18 parents or putative parents to the appropriate court of
19 jurisdiction, including where inquiry may be made of the
20 clerk of the court regarding the case number and the next
21 scheduled court date of the minor's case. Effective notice
22 and the means of accessing information shall be given to the
23 public on a continuing basis by the Department.
24 (2) (a) Though not appointed guardian or legal custodian
25 or otherwise made a party to the proceeding, any current or
26 previously appointed foster parent or relative caregiver, or
27 representative of an agency or association interested in the
28 minor has the right to be heard by the court, but does not
29 thereby become a party to the proceeding.
30 In addition to the foregoing right to be heard by the
31 court, any current foster parent or relative caregiver of a
32 minor and the agency designated by the court or the
33 Department of Children and Family Services as custodian of
34 the minor who is alleged to be or has been adjudicated an
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1 abused or neglected minor under Section 2-3 or a dependent
2 minor under Section 2-4 of this Act has the right to and
3 shall be given adequate notice at all stages of any hearing
4 or proceeding under this Act wherein the custody or status of
5 the minor may be changed. Such notice shall contain a
6 statement regarding the nature and denomination of the
7 hearing or proceeding to be held, any the change in custody
8 or status of the minor sought to be obtained at such hearing
9 or proceeding, and the date, time and place of such hearing
10 or proceeding. The Department of Children and Family
11 Services or the licensed child welfare agency that has placed
12 the minor with the foster parent shall notify the clerk of
13 the court of the name and address of the current foster
14 parent. This notification shall not constitute a violation
15 of Section 35.3 of the Children and Family Services Act. The
16 clerk shall mail the notice by certified mail marked for
17 delivery to addressee only. The regular return receipt for
18 certified mail is sufficient proof of service.
19 Any foster parent who is denied his or her right to be
20 heard under this Section may bring a mandamus action under
21 Article XIV of the Code of Civil Procedure against the court
22 or any public agency to enforce that right. The mandamus
23 action may be brought immediately upon the denial of those
24 rights but in no event later than 30 days after the foster
25 parent has been denied the right to be heard.
26 (b) If after an adjudication that a minor is abused or
27 neglected as provided under Section 2-21 of this Act and a
28 motion has been made to restore the minor to any parent,
29 guardian, or legal custodian found by the court to have
30 caused the neglect or to have inflicted the abuse on the
31 minor, a foster parent may file a motion to intervene in the
32 proceeding for the sole purpose of requesting that the minor
33 be placed with the foster parent, provided that the foster
34 parent (i) is the current foster parent of the minor or (ii)
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1 has previously been a foster parent for the minor for one
2 year or more, has a foster care license or is eligible for a
3 license, and is not the subject of any findings of abuse or
4 neglect of any child. The juvenile court may only enter
5 orders placing a minor with a specific foster parent under
6 this subsection (2)(b) and nothing in this Section shall be
7 construed to confer any jurisdiction or authority on the
8 juvenile court to issue any other orders requiring the
9 appointed guardian or custodian of a minor to place the minor
10 in a designated foster home or facility. This Section is not
11 intended to encompass any matters that are within the scope
12 or determinable under the administrative and appeal process
13 established by rules of the Department of Children and Family
14 Services under Section 5(o) of the Children and Family
15 Services Act. Nothing in this Section shall relieve the
16 court of its responsibility, under Section 2-14(a) of this
17 Act to act in a just and speedy manner to reunify families
18 where it is the best interests of the minor and the child can
19 be cared for at home without endangering the child's health
20 or safety and, if reunification is not in the best interests
21 of the minor, to find another permanent home for the minor.
22 Nothing in this Section, or in any order issued by the court
23 with respect to the placement of a minor with a foster
24 parent, shall impair the ability of the Department of
25 Children and Family Services, or anyone else authorized under
26 Section 5 of the Abused and Neglected Child Reporting Act, to
27 remove a minor from the home of a foster parent if the
28 Department of Children and Family Services or the person
29 removing the minor has reason to believe that the
30 circumstances or conditions of the minor are such that
31 continuing in the residence or care of the foster parent will
32 jeopardize the child's health and safety or present an
33 imminent risk of harm to that minor's life.
34 (c) If a foster parent has had the minor who is the
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1 subject of the proceeding under Article II in his or her home
2 for more than one year on or after July 3, 1994 and if the
3 minor's placement is being terminated from that foster
4 parent's home, that foster parent shall have standing and
5 intervenor status except in those circumstances where the
6 Department of Children and Family Services or anyone else
7 authorized under Section 5 of the Abused and Neglected Child
8 Reporting Act has removed the minor from the foster parent
9 because of a reasonable belief that the circumstances or
10 conditions of the minor are such that continuing in the
11 residence or care of the foster parent will jeopardize the
12 child's health or safety or presents an imminent risk of harm
13 to the minor's life.
14 (d) The court may grant standing to any foster parent if
15 the court finds that it is in the best interest of the child
16 for the foster parent to have standing and intervenor status.
17 (3) Parties respondent are entitled to notice in
18 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
19 and 4-15 or 5-15 and 5-16, as appropriate. At the first
20 appearance before the court by the minor, his parents,
21 guardian, custodian or responsible relative, the court shall
22 explain the nature of the proceedings and inform the parties
23 of their rights under the first 2 paragraphs of this Section.
24 If the child is alleged to be abused, neglected or
25 dependent, the court shall admonish the parents that if the
26 court declares the child to be a ward of the court and awards
27 custody or guardianship to the Department of Children and
28 Family Services, the parents must cooperate with the
29 Department of Children and Family Services, comply with the
30 terms of the service plans, and correct the conditions that
31 require the child to be in care, or risk termination of their
32 parental rights.
33 Upon an adjudication of wardship of the court under
34 Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
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1 parties of their right to appeal therefrom as well as from
2 any other final judgment of the court.
3 When the court finds that a child is an abused,
4 neglected, or dependent minor under Section 2-21, the court
5 shall admonish the parents that the parents must cooperate
6 with the Department of Children and Family Services, comply
7 with the terms of the service plans, and correct the
8 conditions that require the child to be in care, or risk
9 termination of their parental rights.
10 When the court declares a child to be a ward of the court
11 and awards guardianship to the Department of Children and
12 Family Services under Section 2-22, the court shall admonish
13 the parents, guardian, custodian, or responsible relative
14 that the parents must cooperate with the Department of
15 Children and Family Services, comply with the terms of the
16 service plans, and correct the conditions that require the
17 child to be in care, or risk termination of their parental
18 rights.
19 (4) No sanction may be applied against the minor who is
20 the subject of the proceedings by reason of his refusal or
21 failure to testify in the course of any hearing held prior to
22 final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
23 (5) In the discretion of the court, the minor may be
24 excluded from any part or parts of a dispositional hearing
25 and, with the consent of the parent or parents, guardian,
26 counsel or a guardian ad litem, from any part or parts of an
27 adjudicatory hearing.
28 (6) The general public except for the news media and the
29 victim shall be excluded from any hearing and, except for the
30 persons specified in this Section only persons, including
31 representatives of agencies and associations, who in the
32 opinion of the court have a direct interest in the case or in
33 the work of the court shall be admitted to the hearing.
34 However, the court may, for the minor's safety and protection
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1 and for good cause shown, prohibit any person or agency
2 present in court from further disclosing the minor's
3 identity.
4 (7) A party shall not be entitled to exercise the right
5 to a substitution of a judge without cause under subdivision
6 (a)(2) of Section 2-1001 of the Code of Civil Procedure in a
7 proceeding under this Act if the judge is currently assigned
8 to a proceeding involving the alleged abuse, neglect, or
9 dependency of the minor's sibling or half sibling and that
10 judge has made a substantive ruling in the proceeding
11 involving the minor's sibling or half sibling.
12 (Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
13 eff. 1-1-98.)
14 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
15 Sec. 2-13. Petition.
16 (1) Any adult person, any agency or association by its
17 representative may file, or the court on its own motion,
18 consistent with the health, safety and best interests of the
19 minor may direct the filing through the State's Attorney of a
20 petition in respect of a minor under this Act. The petition
21 and all subsequent court documents shall be entitled "In the
22 interest of ...., a minor".
23 (2) The petition shall be verified but the statements
24 may be made upon information and belief. It shall allege
25 that the minor is abused, neglected, or dependent, with
26 citations to the appropriate provisions of this Act, and set
27 forth (a) facts sufficient to bring the minor under Section
28 2-3 or 2-4 and to inform respondents of the cause of action,
29 including, but not limited to, a plain and concise statement
30 of the factual allegations that form the basis for the filing
31 of the petition; (b) the name, age and residence of the
32 minor; (c) the names and residences of his parents; (d) the
33 name and residence of his legal guardian or the person or
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1 persons having custody or control of the minor, or of the
2 nearest known relative if no parent or guardian can be found;
3 and (e) if the minor upon whose behalf the petition is
4 brought is sheltered in custody, the date on which such
5 temporary custody was ordered by the court or the date set
6 for a temporary custody hearing. If any of the facts herein
7 required are not known by the petitioner, the petition shall
8 so state.
9 (3) The petition must allege that it is in the best
10 interests of the minor and of the public that he be adjudged
11 a ward of the court and may pray generally for relief
12 available under this Act. The petition need not specify any
13 proposed disposition following adjudication of wardship.
14 (4) If termination of parental rights and appointment of
15 a guardian of the person with power to consent to adoption of
16 the minor under Section 2-29 is sought, the petition shall so
17 state. If the petition includes this request, the prayer for
18 relief shall clearly and obviously state that the parents
19 could permanently lose their rights as a parent at this
20 hearing.
21 In addition to the foregoing, the petitioner, by motion,
22 may request the termination of parental rights and
23 appointment of a guardian of the person with power to consent
24 to adoption of the minor under Section 2-29 at any time after
25 the entry of a dispositional order under Section 2-22.
26 (4.5) (a) With respect to any minors committed to its
27 care pursuant to this Act, the Department of Children and
28 Family Services shall request the State's Attorney to file a
29 petition or motion for termination of parental rights and
30 appointment of guardian of the person with power to consent
31 to adoption of the minor under Section 2-29 if:
32 (i) a minor has been in foster care, as described
33 in subsection (b), for 15 months of the most recent 22
34 months; or
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1 (ii) a minor under the age of 2 years has been
2 previously determined to be abandoned at an adjudicatory
3 hearing; or
4 (iii) the parent is criminally convicted of (A)
5 first degree murder or second degree murder of any child,
6 (B) attempt or conspiracy to commit first degree murder
7 or second degree murder of any child, (C) solicitation to
8 commit murder of any child, solicitation to commit murder
9 for hire of any child, or solicitation to commit second
10 degree murder of any child, (D) aggravated battery,
11 aggravated battery of a child, or felony domestic
12 battery, any of which has resulted in serious injury to
13 the minor or a sibling of the minor, (E) aggravated
14 criminal sexual assault in violation of subdivision
15 (b)(1) of Section 12-14 of the Criminal Code of 1961, or
16 (F) an offense in any other state the elements of which
17 are similar and bear a substantial relationship to any of
18 the foregoing offenses
19 unless:
20 (i) the child is being cared for by a relative,
21 (ii) the Department has documented in the case plan
22 a compelling reason for determining that filing such
23 petition would not be in the best interests of the child,
24 (iii) the court has found within the preceding 12
25 months that the Department has failed to make reasonable
26 efforts to reunify the child and family, or
27 (iv) paragraph (c) of this subsection (4.5)
28 provides otherwise.
29 (b) For purposes of this subsection, the date of
30 entering foster care is defined as the earlier of:
31 (1) The date of a judicial finding at an
32 adjudicatory hearing that the child is an abused,
33 neglected, or dependent minor; or
34 (2) 60 days after the date on which the child is
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1 removed from his or her parent, guardian, or legal
2 custodian.
3 (c) With respect to paragraph (a)(i), the following
4 transition rules shall apply:
5 (1) If the child entered foster care after November
6 19, 1997 and this amendatory Act of 1998 takes effect
7 before the child has been in foster care for 15 months of
8 the preceding 22 months, then the Department shall comply
9 with the requirements of paragraph (a) of this subsection
10 (4.5) for that child as soon as the child has been in
11 foster care for 15 of the preceding 22 months.
12 (2) If the child entered foster care after November
13 19, 1997 and this amendatory Act of 1998 takes effect
14 after the child has been in foster care for 15 of the
15 preceding 22 months, then the Department shall comply
16 with the requirements of paragraph (a) of this subsection
17 (4.5) for that child within 3 months after the end of the
18 next regular session of the General Assembly.
19 (3) If the child entered foster care prior to
20 November 19, 1997, then the Department shall comply with
21 the requirements of paragraph (a) of this subsection
22 (4.5) for that child in accordance with Department policy
23 or rule.
24 (d) If the Department's request for the filing of a
25 petition or motion conforms to the requirements set forth in
26 paragraphs (a), (b), and (c) of this subsection (4.5), then
27 the State's Attorney shall file the petition as requested.
28 (5) The court shall liberally allow the petitioner to
29 amend the petition to set forth a cause of action or to add,
30 amend, or supplement factual allegations that form the basis
31 for a cause of action up until 14 days before the
32 adjudicatory hearing. The petitioner may amend the petition
33 after that date and prior to the adjudicatory hearing if the
34 court grants leave to amend upon a showing of good cause. The
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1 court may allow amendment of the petition to conform with the
2 evidence at any time prior to ruling. In all cases in which
3 the court has granted leave to amend based on new evidence or
4 new allegations, the court shall permit the respondent an
5 adequate opportunity to prepare a defense to the amended
6 petition.
7 (6) At any time before dismissal of the petition or
8 before final closing and discharge under Section 2-31, one or
9 more motions in the best interests of the minor may be filed.
10 The motion shall specify sufficient facts in support of the
11 relief requested.
12 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
13 P.A. 90-443); 90-28, eff. 1-1-98.)
14 (705 ILCS 405/2-13.1 new)
15 Sec. 2-13.1. Early termination of reasonable efforts.
16 (1) (a) In conjunction with, or at any time subsequent
17 to, the filing of a petition on behalf of a minor in
18 accordance with Section 2-13 of this Act, the State's
19 Attorney, the guardian ad litem, or the Department of
20 Children and Family Services may file a motion requesting a
21 finding that reasonable efforts to reunify that minor with
22 his or her parent or parents are no longer required and are
23 to cease.
24 (b) The court shall grant this motion with respect to a
25 parent of the minor if the court finds after a hearing that
26 the parent has:
27 (i) had his or her parental rights to a sibling of
28 the minor involuntarily terminated; or
29 (ii) been convicted of:
30 (A) first degree or second degree murder of a
31 sibling of the minor;
32 (B) attempt or conspiracy to commit first
33 degree or second degree murder of a sibling of the
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1 minor;
2 (C) solicitation to commit murder of a sibling
3 of the minor, solicitation to commit murder for hire
4 of a sibling of the minor, or solicitation to commit
5 second degree murder of a sibling of the minor;
6 (D) aggravated battery, aggravated battery of
7 a child, or felony domestic battery, any of which
8 has resulted in serious bodily injury to the minor
9 or a sibling of the minor; or
10 (E) an offense in any other state the elements
11 of which are similar and bear substantial
12 relationship to any of the foregoing offenses
13 unless the court sets forth in writing a compelling reason
14 why terminating reasonable efforts to reunify the minor with
15 the parent would not be in the best interests of that minor.
16 (c) The court shall also grant this motion with respect
17 to a parent of the minor if:
18 (i) after a hearing it determines that further
19 reunification services would no longer be appropriate,
20 and
21 (ii) a dispositional hearing has already taken
22 place.
23 (2) (a) The court shall hold a permanency hearing within
24 30 days of granting a motion pursuant to this subsection. If
25 an adjudicatory or a dispositional hearing, or both, has not
26 taken place when the court grants a motion pursuant to this
27 Section, then either or both hearings shall be held as needed
28 so that both take place on or before the date a permanency
29 hearing is held pursuant to this subsection.
30 (b) Following a permanency hearing held pursuant to
31 paragraph (a) of this subsection, the appointed custodian or
32 guardian of the minor shall make reasonable efforts to place
33 the child in accordance with the permanency plan and goal set
34 by the court, and to complete the necessary steps to locate
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1 and finalize a permanent placement.
2 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
3 Sec. 2-14. Date for Adjudicatory Hearing.
4 (a) Purpose and policy. The legislature recognizes that
5 serious delay in the adjudication of abuse, neglect, or
6 dependency cases can cause grave harm to the minor and the
7 family and that it frustrates the health, safety and best
8 interests of the minor and the effort to establish permanent
9 homes for children in need. The purpose of this Section is
10 to insure that, consistent with the federal Adoption
11 Assistance and Child Welfare Act of 1980, Public Law 96-272,
12 as amended, and the intent of this Act, the State of Illinois
13 will act in a just and speedy manner to determine the best
14 interests of the minor, including providing for the safety of
15 the minor, identifying families in need, reunifying families
16 where the minor can be cared for at home without endangering
17 the minor's health or safety and it is in the best interests
18 of the minor, and, if reunification is not consistent with
19 the health, safety and best interests of the minor, finding
20 another permanent home for the minor.
21 (b) When a petition is filed alleging that the minor is
22 abused, neglected or dependent, an adjudicatory hearing shall
23 be commenced within 90 days of the date of service of process
24 upon the minor, parents, any guardian and any legal
25 custodian, unless an earlier date is required pursuant to
26 Section 2-13.1. Once commenced, subsequent delay in the
27 proceedings may be allowed by the court when necessary to
28 ensure a fair hearing.
29 (c) Upon written motion of a party filed no later than
30 10 days prior to hearing, or upon the court's own motion and
31 only for good cause shown, the Court may continue the hearing
32 for a period not to exceed 30 days, and only if the
33 continuance is consistent with the health, safety and best
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1 interests of the minor. When the court grants a continuance,
2 it shall enter specific factual findings to support its
3 order, including factual findings supporting the court's
4 determination that the continuance is in the best interests
5 of the minor. Only one such continuance shall be granted. A
6 period of continuance for good cause as described in this
7 Section shall temporarily suspend as to all parties, for the
8 time of the delay, the period within which a hearing must be
9 held. On the day of the expiration of the delay, the period
10 shall continue at the point at which it was suspended.
11 The term "good cause" as applied in this Section shall be
12 strictly construed and be in accordance with Supreme Court
13 Rule 231 (a) through (f). Neither stipulation by counsel nor
14 the convenience of any party constitutes good cause. If the
15 adjudicatory hearing is not heard within the time limits
16 required by subsection (b) or (c) of this Section, upon
17 motion by any party the petition shall be dismissed without
18 prejudice.
19 (d) The time limits of this Section may be waived only
20 by consent of all parties and approval by the court.
21 (e) For all cases filed before July 1, 1991, an
22 adjudicatory hearing must, be held within 180 days of July 1,
23 1991.
24 (Source: P.A. 88-7; 90-28, eff. 1-1-98; 90-456, eff. 1-1-98;
25 revised 11-17-97.)
26 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
27 Sec. 2-15. Summons.
28 (1) When a petition is filed, the clerk of the court
29 shall issue a summons with a copy of the petition attached.
30 The summons shall be directed to the minor's legal guardian
31 or custodian and to each person named as a respondent in the
32 petition, except that summons need not be directed to a minor
33 respondent under 8 years of age for whom the court appoints a
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1 guardian ad litem if the guardian ad litem appears on behalf
2 of the minor in any proceeding under this Act.
3 (2) The summons must contain a statement that the minor
4 or any of the respondents is entitled to have an attorney
5 present at the hearing on the petition, and that the clerk of
6 the court should be notified promptly if the minor or any
7 other respondent desires to be represented by an attorney but
8 is financially unable to employ counsel.
9 (3) The summons shall be issued under the seal of the
10 court, attested in and signed with the name of the clerk of
11 the court, dated on the day it is issued, and shall require
12 each respondent to appear and answer the petition on the date
13 set for the adjudicatory hearing. The summons shall contain
14 a notice that the parties will not be entitled to further
15 written notices or publication notices of proceedings in this
16 case, including the filing of an amended petition or a motion
17 to terminate parental rights, except as required by Supreme
18 Court Rule 11.
19 (4) The summons may be served by any county sheriff,
20 coroner or probation officer, even though the officer is the
21 petitioner. The return of the summons with endorsement of
22 service by the officer is sufficient proof thereof.
23 (5) Service of a summons and petition shall be made by:
24 (a) leaving a copy thereof with the person summoned at least
25 3 days before the time stated therein for appearance; (b)
26 leaving a copy at his usual place of abode with some person
27 of the family, of the age of 10 years or upwards, and
28 informing that person of the contents thereof, provided the
29 officer or other person making service shall also send a copy
30 of the summons in a sealed envelope with postage fully
31 prepaid, addressed to the person summoned at his usual place
32 of abode, at least 3 days before the time stated therein for
33 appearance; or (c) leaving a copy thereof with the guardian
34 or custodian of a minor, at least 3 days before the time
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1 stated therein for appearance. If the guardian or custodian
2 is an agency of the State of Illinois, proper service may be
3 made by leaving a copy of the summons and petition with any
4 administrative employee of such agency designated by such
5 agency to accept service of summons and petitions. The
6 certificate of the officer or affidavit of the person that he
7 has sent the copy pursuant to this Section is sufficient
8 proof of service.
9 (6) When a parent or other person, who has signed a
10 written promise to appear and bring the minor to court or who
11 has waived or acknowledged service, fails to appear with the
12 minor on the date set by the court, a bench warrant may be
13 issued for the parent or other person, the minor, or both.
14 (7) The appearance of the minor's legal guardian or
15 custodian, or a person named as a respondent in a petition,
16 in any proceeding under this Act shall constitute a waiver of
17 service of summons and submission to the jurisdiction of the
18 court, except that the filing of a special appearance
19 authorized under Section 2-301 of the Code of Civil Procedure
20 does not constitute an appearance under this subsection. A
21 copy of the summons and petition shall be provided to the
22 person at the time of his appearance.
23 (8) Notice to a parent who has appeared or been served
24 with summons personally or by certified mail, and for whom an
25 order of default has been entered on the petition for
26 wardship and has not been set aside shall be provided in
27 accordance with Supreme Court Rule 11. Notice to a parent
28 who was served by publication and for whom an order of
29 default has been entered on the petition for wardship and has
30 not been set aside shall be provided in accordance with this
31 Section and Section 2-16.
32 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
33 (705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
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1 Sec. 2-16. Notice by certified mail or publication.
2 (1) If service on individuals as provided in Section
3 2-15 is not made on any respondent within a reasonable time
4 or if it appears that any respondent resides outside the
5 State, service may be made by certified mail. In such case
6 the clerk shall mail the summons and a copy of the petition
7 to that respondent by certified mail marked for delivery to
8 addressee only. The court shall not proceed with the
9 adjudicatory hearing until 5 days after such mailing. The
10 regular return receipt for certified mail is sufficient proof
11 of service.
12 (2) Where a respondent's usual place of abode is not
13 known, a diligent inquiry shall be made to ascertain the
14 respondent's current and last known address. The Department
15 of Children and Family Services shall adopt rules defining
16 the requirements for conducting a diligent search to locate
17 parents of minors in the custody of the Department. If, after
18 diligent inquiry made at any time within the preceding 12
19 months, the usual place of abode cannot be reasonably
20 ascertained, or if respondent is concealing his or her
21 whereabouts to avoid service of process, petitioner's
22 attorney shall file an affidavit at the office of the clerk
23 of court in which the action is pending showing that
24 respondent on due inquiry cannot be found or is concealing
25 his or her whereabouts so that process cannot be served. The
26 affidavit shall state the last known address of the
27 respondent. The affidavit shall also state what efforts were
28 made to effectuate service. Within 3 days of receipt of the
29 affidavit, the clerk shall issue publication service as
30 provided below. The clerk shall also send a copy thereof by
31 mail addressed to each respondent listed in the affidavit at
32 his or her last known address. The clerk of the court as soon
33 as possible shall cause publication to be made once in a
34 newspaper of general circulation in the county where the
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1 action is pending. Notice by publication is not required in
2 any case when the person alleged to have legal custody of the
3 minor has been served with summons personally or by certified
4 mail, but the court may not enter any order or judgment
5 against any person who cannot be served with process other
6 than by publication unless notice by publication is given or
7 unless that person appears. When a minor has been sheltered
8 under Section 2-10 of this Act and summons has not been
9 served personally or by certified mail within 20 days from
10 the date of the order of court directing such shelter care,
11 the clerk of the court shall cause publication. Notice by
12 publication shall be substantially as follows:
13 "A, B, C, D, (here giving the names of the named
14 respondents, if any) and to All Whom It May Concern (if there
15 is any respondent under that designation):
16 Take notice that on the .... day of ...., 19.. a
17 petition was filed under the Juvenile Court Act by .... in
18 the circuit court of .... county entitled 'In the interest of
19 ...., a minor', and that in .... courtroom at .... on the
20 .... day of .... at the hour of ...., or as soon thereafter
21 as this cause may be heard, an adjudicatory hearing will be
22 held upon the petition to have the child declared to be a
23 ward of the court under that Act. THE COURT HAS AUTHORITY IN
24 THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND GUARDIANSHIP
25 OF THE MINOR, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO
26 APPOINT A GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU
27 MAY LOSE ALL PARENTAL RIGHTS TO YOUR CHILD. IF THE PETITION
28 REQUESTS THE TERMINATION OF YOUR PARENTAL RIGHTS AND THE
29 APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
30 YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD. Unless you
31 appear you will not be entitled to further written notices or
32 publication notices of the proceedings in this case,
33 including the filing of an amended petition or a motion to
34 terminate parental rights.
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1 Now, unless you appear at the hearing and show cause
2 against the petition, the allegations of the petition may
3 stand admitted as against you and each of you, and an order
4 or judgment entered.
5 ......................
6 Clerk
7 Dated (the date of publication)"
8 (3) The clerk shall also at the time of the publication
9 of the notice send a copy thereof by mail to each of the
10 respondents on account of whom publication is made at his or
11 her last known address. The certificate of the clerk that he
12 or she has mailed the notice is evidence thereof. No other
13 publication notice is required. Every respondent notified by
14 publication under this Section must appear and answer in open
15 court at the hearing. The court may not proceed with the
16 adjudicatory hearing until 10 days after service by
17 publication on any parent, guardian or legal custodian in the
18 case of a minor described in Section 2-3 or 2-4.
19 (4) If it becomes necessary to change the date set for
20 the hearing in order to comply with Section 2-14 or with this
21 Section, notice of the resetting of the date must be given,
22 by certified mail or other reasonable means, to each
23 respondent who has been served with summons personally or by
24 certified mail.
25 (5) Notice to a parent who has appeared or been served
26 with summons personally or by certified mail, and for whom an
27 order of default has been entered on the petition for
28 wardship and has not been set aside shall be provided in
29 accordance with Supreme Court Rule 11. Notice to a parent
30 who was served by publication and for whom an order of
31 default has been entered on the petition for wardship and has
32 not been set aside shall be provided in accordance with this
33 Section and Section 2-15.
34 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
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1 (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
2 Sec. 2-18. Evidence.
3 (1) At the adjudicatory hearing, the court shall first
4 consider only the question whether the minor is abused,
5 neglected or dependent. The standard of proof and the rules
6 of evidence in the nature of civil proceedings in this State
7 are applicable to proceedings under this Article. If the
8 petition also seeks the appointment of a guardian of the
9 person with power to consent to adoption of the minor under
10 Section 2-29, the court may also consider legally admissible
11 evidence at the adjudicatory hearing that one or more grounds
12 of unfitness exists under subdivision D of Section 1 of the
13 Adoption Act.
14 (2) In any hearing under this Act, the following shall
15 constitute prima facie evidence of abuse or neglect, as the
16 case may be:
17 (a) proof that a minor has a medical diagnosis of
18 battered child syndrome is prima facie evidence of abuse;
19 (b) proof that a minor has a medical diagnosis of
20 failure to thrive syndrome is prima facie evidence of
21 neglect;
22 (c) proof that a minor has a medical diagnosis of
23 fetal alcohol syndrome is prima facie evidence of
24 neglect;
25 (d) proof that a minor has a medical diagnosis at
26 birth of withdrawal symptoms from narcotics or
27 barbiturates is prima facie evidence of neglect;
28 (e) proof of injuries sustained by a minor or of
29 the condition of a minor of such a nature as would
30 ordinarily not be sustained or exist except by reason of
31 the acts or omissions of the parent, custodian or
32 guardian of such minor shall be prima facie evidence of
33 abuse or neglect, as the case may be;
34 (f) proof that a parent, custodian or guardian of a
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1 minor repeatedly used a drug, to the extent that it has
2 or would ordinarily have the effect of producing in the
3 user a substantial state of stupor, unconsciousness,
4 intoxication, hallucination, disorientation or
5 incompetence, or a substantial impairment of judgment, or
6 a substantial manifestation of irrationality, shall be
7 prima facie evidence of neglect;
8 (g) proof that a parent, custodian, or guardian of
9 a minor repeatedly used a controlled substance, as
10 defined in subsection (f) of Section 102 of the Illinois
11 Controlled Substances Act, in the presence of the minor
12 or a sibling of the minor is prima facie evidence of
13 neglect. "Repeated use", for the purpose of this
14 subsection, means more than one use of a controlled
15 substance as defined in subsection (f) of Section 102 of
16 the Illinois Controlled Substances Act;
17 (h) proof that a newborn infant's blood, urine, or
18 meconium contains any amount of a controlled substance as
19 defined in subsection (f) of Section 102 of the Illinois
20 Controlled Substances Act, or a metabolite of a
21 controlled substance, with the exception of controlled
22 substances or metabolites of those substances, the
23 presence of which is the result of medical treatment
24 administered to the mother or the newborn, is prime facie
25 evidence of neglect.
26 (3) In any hearing under this Act, proof of the abuse,
27 neglect or dependency of one minor shall be admissible
28 evidence on the issue of the abuse, neglect or dependency of
29 any other minor for whom the respondent is responsible.
30 (4) (a) Any writing, record, photograph or x-ray of any
31 hospital or public or private agency, whether in the form of
32 an entry in a book or otherwise, made as a memorandum or
33 record of any condition, act, transaction, occurrence or
34 event relating to a minor in an abuse, neglect or dependency
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1 proceeding, shall be admissible in evidence as proof of that
2 condition, act, transaction, occurrence or event, if the
3 court finds that the document was made in the regular course
4 of the business of the hospital or agency and that it was in
5 the regular course of such business to make it, at the time
6 of the act, transaction, occurrence or event, or within a
7 reasonable time thereafter. A certification by the head or
8 responsible employee of the hospital or agency that the
9 writing, record, photograph or x-ray is the full and complete
10 record of the condition, act, transaction, occurrence or
11 event and that it satisfies the conditions of this paragraph
12 shall be prima facie evidence of the facts contained in such
13 certification. A certification by someone other than the
14 head of the hospital or agency shall be accompanied by a
15 photocopy of a delegation of authority signed by both the
16 head of the hospital or agency and by such other employee.
17 All other circumstances of the making of the memorandum,
18 record, photograph or x-ray, including lack of personal
19 knowledge of the maker, may be proved to affect the weight to
20 be accorded such evidence, but shall not affect its
21 admissibility.
22 (b) Any indicated report filed pursuant to the Abused
23 and Neglected Child Reporting Act shall be admissible in
24 evidence.
25 (c) Previous statements made by the minor relating to
26 any allegations of abuse or neglect shall be admissible in
27 evidence. However, no such statement, if uncorroborated and
28 not subject to cross-examination, shall be sufficient in
29 itself to support a finding of abuse or neglect.
30 (d) There shall be a rebuttable presumption that a minor
31 is competent to testify in abuse or neglect proceedings. The
32 court shall determine how much weight to give to the minor's
33 testimony, and may allow the minor to testify in chambers
34 with only the court, the court reporter and attorneys for the
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1 parties present.
2 (e) The privileged character of communication between
3 any professional person and patient or client, except
4 privilege between attorney and client, shall not apply to
5 proceedings subject to this Article.
6 (f) Proof of the impairment of emotional health or
7 impairment of mental or emotional condition as a result of
8 the failure of the respondent to exercise a minimum degree of
9 care toward a minor may include competent opinion or expert
10 testimony, and may include proof that such impairment
11 lessened during a period when the minor was in the care,
12 custody or supervision of a person or agency other than the
13 respondent.
14 (5) In any hearing under this Act alleging neglect for
15 failure to provide education as required by law under
16 subsection (1) of Section 2-3, proof that a minor under 13
17 years of age who is subject to compulsory school attendance
18 under the School Code is a chronic truant as defined under
19 the School Code shall be prima facie evidence of neglect by
20 the parent or guardian in any hearing under this Act and
21 proof that a minor who is 13 years of age or older who is
22 subject to compulsory school attendance under the School Code
23 is a chronic truant shall raise a rebuttable presumption of
24 neglect by the parent or guardian. This subsection (5) shall
25 not apply in counties with 2,000,000 or more inhabitants.
26 (6) In any hearing under this Act, the court may take
27 judicial notice of prior sworn testimony or evidence
28 introduced in prior proceedings involving the same minor if
29 (a) the parties were either represented by counsel at such
30 prior proceedings or the right to counsel was knowingly
31 waived and (b) the taking of judicial notice would not result
32 in admitting hearsay evidence at a hearing where it would
33 otherwise be prohibited.
34 (Source: P.A. 88-343; 89-704, eff. 8-16-97 (changed from
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1 1-1-98 by P.A. 90-443).)
2 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
3 Sec. 2-21. Findings and adjudication.
4 (1) The court shall state for the record the manner in
5 which the parties received service of process and shall note
6 whether the return or returns of service, postal return
7 receipt or receipts for notice by certified mail, or
8 certificate or certificates of publication have been filed in
9 the court record. The court shall enter any appropriate
10 orders of default against any parent who has been properly
11 served in any manner and fails to appear.
12 No further service of process as defined in Sections 2-15
13 and 2-16 is required in any subsequent proceeding for a
14 parent who was properly served in any manner, except as
15 required by Supreme Court Rule 11.
16 The caseworker shall testify about the diligent search
17 conducted for the parent.
18 After hearing the evidence the court shall determine
19 whether or not the minor is abused, neglected, or dependent.
20 If it finds that the minor is not such a person, the court
21 shall order the petition dismissed and the minor discharged.
22 The court's determination of whether the minor is abused,
23 neglected, or dependent shall be stated in writing with the
24 factual basis supporting that determination.
25 If the court finds that the minor is abused, neglected,
26 or dependent, the court shall then determine and put in
27 writing the factual basis supporting that the determination,
28 and specify, to the extent possible, the acts or omissions or
29 both of each parent, guardian, or legal custodian that form
30 the basis of the court's findings of whether the abuse,
31 neglect, or dependency is the result of physical abuse to the
32 minor inflicted by a parent, guardian, or legal custodian.
33 That finding shall appear in the order of the court.
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1 If the court finds that the child has been abused,
2 neglected or dependent, the court shall admonish the parents
3 that they must cooperate with the Department of Children and
4 Family Services, comply with the terms of the service plan,
5 and correct the conditions that require the child to be in
6 care, or risk termination of parental rights.
7 If the court determines that a person has inflicted
8 physical or sexual abuse upon a minor, the court shall report
9 that determination to the Department of State Police, which
10 shall include that information in its report to the President
11 of the school board for a school district that requests a
12 criminal background investigation of that person as required
13 under Section 10-21.9 or 34-18.5 of the School Code.
14 (2) If, pursuant to subsection (1) of this Section, the
15 court determines and puts in writing the factual basis
16 supporting the determination that the minor is either abused
17 or neglected or dependent, the court shall then set a time
18 not later than 30 days after the entry of the finding for a
19 dispositional hearing (unless an earlier date is required
20 pursuant to Section 2-13.1) to be conducted under Section
21 2-22 at which hearing the court shall determine whether it is
22 consistent with the health, safety and best interests of the
23 minor and the public that he be made a ward of the court. To
24 assist the court in making this and other determinations at
25 the dispositional hearing, the court may order that an
26 investigation be conducted and a dispositional report be
27 prepared concerning the minor's physical and mental history
28 and condition, family situation and background, economic
29 status, education, occupation, history of delinquency or
30 criminality, personal habits, and any other information that
31 may be helpful to the court. The dispositional hearing may
32 be continued once for a period not to exceed 30 days if the
33 court finds that such continuance is necessary to complete
34 the dispositional report.
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1 (3) The time limits of this Section may be waived only
2 by consent of all parties and approval by the court, as
3 determined to be consistent with the health, safety and best
4 interests of the minor.
5 (4) For all cases adjudicated prior to July 1, 1991, for
6 which no dispositional hearing has been held prior to that
7 date, a dispositional hearing under Section 2-22 shall be
8 held within 90 days of July 1, 1991.
9 (5) The court may terminate the parental rights of a
10 parent at the initial dispositional hearing if all of the
11 following conditions are met:
12 (i) the original or amended petition contains a
13 request for termination of parental rights and
14 appointment of a guardian with power to consent to
15 adoption; and
16 (ii) the court has found by a preponderance of
17 evidence, introduced or stipulated to at an adjudicatory
18 hearing, that the child comes under the jurisdiction of
19 the court as an abused, neglected, or dependent minor
20 under Section 2-18; and
21 (iii) the court finds, on the basis of clear and
22 convincing evidence admitted at the adjudicatory hearing
23 that the parent is an unfit person under subdivision D of
24 Section 1 of the Adoption Act; and
25 (iv) the court determines in accordance with the
26 rules of evidence for dispositional proceedings, that:
27 (A) it is in the best interest of the minor
28 and public that the child be made a ward of the
29 court;
30 (A-5) reasonable efforts under subsection
31 (l-1) of Section 5 of the Children and Family
32 Services Act are inappropriate or such efforts were
33 made and were unsuccessful; and
34 (B) termination of parental rights and
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1 appointment of a guardian with power to consent to
2 adoption is in the best interest of the child
3 pursuant to Section 2-29.
4 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
5 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
6 eff. 8-16-97; 90-566, eff. 1-2-98.)
7 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
8 Sec. 2-22. Dispositional hearing; evidence; continuance.
9 (1) At the dispositional hearing, the court shall
10 determine whether it is in the best interests of the minor
11 and the public that he be made a ward of the court, and, if
12 he is to be made a ward of the court, the court shall
13 determine the proper disposition best serving the health,
14 safety and interests of the minor and the public. The court
15 also shall consider the permanency goal set for the minor,
16 the nature of the service plan for the minor and the services
17 delivered and to be delivered under the plan. All evidence
18 helpful in determining these questions, including oral and
19 written reports, may be admitted and may be relied upon to
20 the extent of its probative value, even though not competent
21 for the purposes of the adjudicatory hearing.
22 (2) Notice in compliance with Supreme Court Rule 11 must
23 be given to all parties-respondent prior to proceeding to a
24 dispositional hearing. Before making an order of disposition
25 the court shall advise the State's Attorney, the parents,
26 guardian, custodian or responsible relative or their counsel
27 of the factual contents and the conclusions of the reports
28 prepared for the use of the court and considered by it, and
29 afford fair opportunity, if requested, to controvert them.
30 The court may order, however, that the documents containing
31 such reports need not be submitted to inspection, or that
32 sources of confidential information need not be disclosed
33 except to the attorneys for the parties. Factual contents,
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1 conclusions, documents and sources disclosed by the court
2 under this paragraph shall not be further disclosed without
3 the express approval of the court pursuant to an in camera
4 hearing.
5 (3) A record of a prior continuance under supervision
6 under Section 2-20, whether successfully completed with
7 regard to the child's health, safety and best interest, or
8 not, is admissible at the dispositional hearing.
9 (4) On its own motion or that of the State's Attorney, a
10 parent, guardian, custodian, responsible relative or counsel,
11 the court may adjourn the hearing for a reasonable period to
12 receive reports or other evidence, if the adjournment is
13 consistent with the health, safety and best interests of the
14 minor, but in no event shall continuances be granted so that
15 the dispositional hearing occurs more than 6 months after the
16 initial removal of a minor from his or her home. In
17 scheduling investigations and hearings, the court shall give
18 priority to proceedings in which a minor has been removed
19 from his or her home before an order of disposition has been
20 made.
21 (5) Unless already set by the court, at the conclusion
22 of the dispositional hearing, the court shall set the date
23 for the first permanency hearing, to be conducted under
24 subsection (2) of Section 2-28 or subsection (c) of Section
25 2-28.01, which shall be held: (a) within 12 months from the
26 date temporary custody was taken, (b) if the parental rights
27 of both parents have been terminated in accordance with the
28 procedure described in subsection (5) of Section 2-21, within
29 30 days of the termination of parental rights and appointment
30 of a guardian with power to consent to adoption, or (c) in
31 accordance with subsection (2) of Section 2-13.1 no later
32 than 12 months after the minor is taken into temporary
33 custody or in counties with a population over 3,000,000, no
34 later than 12 months after the minor is taken into temporary
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1 custody.
2 (6) When the court declares a child to be a ward of the
3 court and awards guardianship to the Department of Children
4 and Family Services, (a) the court shall admonish the
5 parents, guardian, custodian or responsible relative that the
6 parents must cooperate with the Department of Children and
7 Family Services, comply with the terms of the service plans,
8 and correct the conditions which require the child to be in
9 care, or risk termination of their parental rights; and.
10 (b) the court shall inquire of the parties of any intent to
11 proceed with termination of parental rights of a parent:
12 (A) whose identity still remains unknown;
13 (B) whose whereabouts remain unknown; or
14 (C) who was found in default at the adjudicatory
15 hearing and has not obtained an order setting aside the
16 default in accordance with Section 2-1301 of the Code of
17 Civil Procedure.
18 (Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87,
19 eff. 9-1-97; revised 11-12-97.)
20 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
21 Sec. 2-23. Kinds of dispositional orders.
22 (1) The following kinds of orders of disposition may be
23 made in respect of wards of the court:
24 (a) A minor under 18 years of age found to be
25 neglected or abused under Section 2-3 may be (1)
26 continued in the custody of his or her parents, guardian
27 or legal custodian; (2) placed in accordance with Section
28 2-27; or (3) ordered partially or completely emancipated
29 in accordance with the provisions of the Emancipation of
30 Mature Minors Act.
31 However, in any case in which a minor is found by
32 the court to be neglected or abused under Section 2-3 of
33 this Act, custody of the minor shall not be restored to
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1 any parent, guardian or legal custodian whose acts or
2 omissions or both have been identified, pursuant to
3 subsection (1) of Section 2-21, as forming the basis for
4 the court's finding of abuse or neglect found by the
5 court to have caused the neglect or to have inflicted the
6 abuse on the minor, unless it is in the best interests of
7 the minor, until such time as a hearing is held on the
8 issue of the best interests of the minor and the fitness
9 of such parent, guardian or legal custodian to care for
10 the minor without endangering the minor's health or
11 safety, and the court enters an order that such parent,
12 guardian or legal custodian is fit to care for the minor.
13 (b) A minor under 18 years of age found to be
14 dependent under Section 2-4 may be (1) placed in
15 accordance with Section 2-27 or (2) ordered partially or
16 completely emancipated in accordance with the provisions
17 of the Emancipation of Mature Minors Act.
18 However, in any case in which a minor is found by
19 the court to be dependent under Section 2-4 of this Act
20 and the court has made a further finding under paragraph
21 (2) of Section 2-21 that such dependency is the result of
22 physical abuse, custody of the minor shall not be
23 restored to any parent, guardian or legal custodian whose
24 acts or omissions or both have been identified, pursuant
25 to subsection (1) of Section 2-21, as forming the basis
26 for the court's finding of dependency, found by the court
27 to have inflicted physical abuse on the minor until such
28 time as a hearing is held on the issue of the fitness of
29 such parent, guardian or legal custodian to care for the
30 minor without endangering the minor's health or safety,
31 and the court enters an order that such parent, guardian
32 or legal custodian is fit to care for the minor.
33 (c) When the court awards guardianship to the
34 Department of Children and Family Services, the court
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1 shall order the parents to cooperate with the Department
2 of Children and Family Services, comply with the terms of
3 the service plans, and correct the conditions that
4 require the child to be in care, or risk termination of
5 their parental rights.
6 (d) When the court orders a child restored to the
7 custody of the parent or parents, the court shall order
8 the parent or parents to cooperate with the Department of
9 Children and Family Services and comply with the terms of
10 an after-care plan, or risk the loss of custody of the
11 child and the possible termination of their parental
12 rights.
13 (2) Any order of disposition may provide for protective
14 supervision under Section 2-24 and may include an order of
15 protection under Section 2-25.
16 Unless the order of disposition expressly so provides, it
17 does not operate to close proceedings on the pending
18 petition, but is subject to modification, not inconsistent
19 with Section 2-28 or 2-28.01, whichever is applicable, until
20 final closing and discharge of the proceedings under Section
21 2-31.
22 (3) The court also shall enter any other orders
23 necessary to fulfill the service plan, including, but not
24 limited to, (i) orders requiring parties to cooperate with
25 services, (ii) restraining orders controlling the conduct of
26 any party likely to frustrate the achievement of the goal,
27 and (iii) visiting orders. Unless otherwise specifically
28 authorized by law, the court is not empowered under this
29 subsection (3) to order specific placements, specific
30 services, or specific service providers to be included in the
31 plan. If the court concludes that the Department of Children
32 and Family Services has abused its discretion in setting the
33 current service plan or permanency goal for the minor, the
34 court shall enter specific findings in writing based on the
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1 evidence and shall enter an order for the Department to
2 develop and implement a new permanency goal and service plan
3 consistent with the court's findings. The new service plan
4 shall be filed with the court and served on all parties. The
5 court shall continue the matter until the new service plan is
6 filed.
7 (4) In addition to any other order of disposition, the
8 court may order any minor adjudicated neglected with respect
9 to his or her own injurious behavior to make restitution, in
10 monetary or non-monetary form, under the terms and conditions
11 of Section 5-5-6 of the Unified Code of Corrections, except
12 that the "presentence hearing" referred to therein shall be
13 the dispositional hearing for purposes of this Section. The
14 parent, guardian or legal custodian of the minor may pay some
15 or all of such restitution on the minor's behalf.
16 (5) Any order for disposition where the minor is
17 committed or placed in accordance with Section 2-27 shall
18 provide for the parents or guardian of the estate of such
19 minor to pay to the legal custodian or guardian of the person
20 of the minor such sums as are determined by the custodian or
21 guardian of the person of the minor as necessary for the
22 minor's needs. Such payments may not exceed the maximum
23 amounts provided for by Section 9.1 of the Children and
24 Family Services Act.
25 (6) Whenever the order of disposition requires the minor
26 to attend school or participate in a program of training, the
27 truant officer or designated school official shall regularly
28 report to the court if the minor is a chronic or habitual
29 truant under Section 26-2a of the School Code.
30 (7) The court may terminate the parental rights of a
31 parent at the initial dispositional hearing if all of the
32 conditions in subsection (5) of Section 2-21 are met.
33 (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95;
34 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised 11-12-97.)
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1 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
2 Sec. 2-27. Placement; legal custody or guardianship.
3 (1) If the court determines and puts in writing the
4 factual basis supporting the determination of whether the
5 parents, guardian, or legal custodian of a minor adjudged a
6 ward of the court are unfit or are unable, for some reason
7 other than financial circumstances alone, to care for,
8 protect, train or discipline the minor or are unwilling to do
9 so, and that the health, safety, and best interest of the
10 minor will be jeopardized if the minor remains in the custody
11 of his or her parents, guardian or custodian, the court may
12 at this hearing and at any later point:
13 (a) place the minor in the custody of a suitable
14 relative or other person as legal custodian or guardian;
15 (a-5) with the approval of the Department of
16 Children and Family Services, place the minor in the
17 subsidized guardianship of a suitable relative or other
18 person as legal guardian; "subsidized guardianship" means
19 a private guardianship arrangement for children for whom
20 the permanency goals of return home and adoption have
21 been ruled out and who meet the qualifications for
22 subsidized guardianship as defined by the Department of
23 Children and Family Services in administrative rules;
24 (b) place the minor under the guardianship of a
25 probation officer;
26 (c) commit the minor to an agency for care or
27 placement, except an institution under the authority of
28 the Department of Corrections or of the Department of
29 Children and Family Services;
30 (d) commit the minor to the Department of Children
31 and Family Services for care and service; however, a
32 minor charged with a criminal offense under the Criminal
33 Code of 1961 or adjudicated delinquent shall not be
34 placed in the custody of or committed to the Department
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1 of Children and Family Services by any court, except a
2 minor less than 13 years of age and committed to the
3 Department of Children and Family Services under Section
4 5-23 of this Act. The Department shall be given due
5 notice of the pendency of the action and the Guardianship
6 Administrator of the Department of Children and Family
7 Services shall be appointed guardian of the person of the
8 minor. Whenever the Department seeks to discharge a minor
9 from its care and service, the Guardianship Administrator
10 shall petition the court for an order terminating
11 guardianship. The Guardianship Administrator may
12 designate one or more other officers of the Department,
13 appointed as Department officers by administrative order
14 of the Department Director, authorized to affix the
15 signature of the Guardianship Administrator to documents
16 affecting the guardian-ward relationship of children for
17 whom he or she has been appointed guardian at such times
18 as he or she is unable to perform the duties of his or
19 her office. The signature authorization shall include but
20 not be limited to matters of consent of marriage,
21 enlistment in the armed forces, legal proceedings,
22 adoption, major medical and surgical treatment and
23 application for driver's license. Signature
24 authorizations made pursuant to the provisions of this
25 paragraph shall be filed with the Secretary of State and
26 the Secretary of State shall provide upon payment of the
27 customary fee, certified copies of the authorization to
28 any court or individual who requests a copy.
29 (1.5) In making a determination under this Section, the
30 court shall also consider whether, based on health, safety,
31 and the best interests of the minor,
32 (a) appropriate services aimed at family
33 preservation and family reunification have been
34 unsuccessful in rectifying the conditions that have led
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1 to a finding of unfitness or inability to care for,
2 protect, train, or discipline the minor, or
3 (b) no family preservation or family reunification
4 services would be appropriate,
5 and if the petition or amended petition contained an
6 allegation that the parent is an unfit person as defined in
7 subdivision (D) of Section 1 of the Adoption Act, and the
8 order of adjudication recites that parental unfitness was
9 established by clear and convincing evidence, the court
10 shall, when appropriate and in the best interest of the
11 minor, enter an order terminating parental rights and
12 appointing a guardian with power to consent to adoption in
13 accordance with Section 2-29.
14 When making a placement, the court, wherever possible,
15 shall require the Department of Children and Family Services
16 to select a person holding the same religious belief as that
17 of the minor or a private agency controlled by persons of
18 like religious faith of the minor and shall require the
19 Department to otherwise comply with Section 7 of the Children
20 and Family Services Act in placing the child. In addition,
21 whenever alternative plans for placement are available, the
22 court shall ascertain and consider, to the extent appropriate
23 in the particular case, the views and preferences of the
24 minor.
25 (2) When a minor is placed with a suitable relative or
26 other person pursuant to item (a) of subsection (1), the
27 court shall appoint him or her the legal custodian or
28 guardian of the person of the minor. When a minor is
29 committed to any agency, the court shall appoint the proper
30 officer or representative thereof as legal custodian or
31 guardian of the person of the minor. Legal custodians and
32 guardians of the person of the minor have the respective
33 rights and duties set forth in subsection (9) of Section 1-3
34 except as otherwise provided by order of court; but no
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1 guardian of the person may consent to adoption of the minor
2 unless that authority is conferred upon him or her in
3 accordance with Section 2-29. An agency whose representative
4 is appointed guardian of the person or legal custodian of the
5 minor may place the minor in any child care facility, but the
6 facility must be licensed under the Child Care Act of 1969 or
7 have been approved by the Department of Children and Family
8 Services as meeting the standards established for such
9 licensing. No agency may place a minor adjudicated under
10 Sections 2-3 or 2-4 in a child care facility unless the
11 placement is in compliance with the rules and regulations for
12 placement under this Section promulgated by the Department of
13 Children and Family Services under Section 5 of the Children
14 and Family Services Act. Like authority and restrictions
15 shall be conferred by the court upon any probation officer
16 who has been appointed guardian of the person of a minor.
17 (3) No placement by any probation officer or agency
18 whose representative is appointed guardian of the person or
19 legal custodian of a minor may be made in any out of State
20 child care facility unless it complies with the Interstate
21 Compact on the Placement of Children. Placement with a
22 parent, however, is not subject to that Interstate Compact.
23 (4) The clerk of the court shall issue to the legal
24 custodian or guardian of the person a certified copy of the
25 order of court, as proof of his authority. No other process
26 is necessary as authority for the keeping of the minor.
27 (5) Custody or guardianship granted under this Section
28 continues until the court otherwise directs, but not after
29 the minor reaches the age of 19 years except as set forth in
30 Section 2-31.
31 (6) (Blank). At the dispositional hearing, the court
32 shall consider whether it is appropriate for a motion to be
33 filed to terminate parental rights and appoint a guardian
34 with power to consent to adoption with regard to a parent:
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1 (A) whose identity still remains unknown;
2 (B) whose whereabouts remain unknown;
3 (C) who was found in default at the adjudicatory
4 hearing and has not obtained an order setting aside the
5 default in accordance with Section 2-1301 of the Code of
6 Civil Procedure.
7 Notice to a parent for whom an order of default has been
8 entered on the petition for wardship and has not been set
9 aside shall be provided in accordance with Sections 2-15 and
10 2-16. If a parent's identity or whereabouts are unknown, and
11 a diligent inquiry for such parent has been made at any time
12 within the preceding 12 months, no further inquiry is
13 required to support notice by publication.
14 If the court determines such a motion to be appropriate,
15 it may order the motion to be filed. The court, upon motion,
16 may enter an order terminating parental rights upon
17 appropriate finding and appoint a guardian with power to
18 consent to adoption in accordance with this subsection before
19 or at the first permanency hearing.
20 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff.
21 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
22 8-22-97; revised 11-17-97.)
23 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
24 Sec. 2-28. Court review in counties with a population
25 under 3,000,000.
26 (0.5) This Section applies in counties with a population
27 under 3,000,000.
28 (1) The court may require any legal custodian or
29 guardian of the person appointed under this Act to report
30 periodically to the court or may cite him into court and
31 require him or his agency, to make a full and accurate report
32 of his or its doings in behalf of the minor. The custodian
33 or guardian, within 10 days after such citation, shall make
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1 the report, either in writing verified by affidavit or orally
2 under oath in open court, or otherwise as the court directs.
3 Upon the hearing of the report the court may remove the
4 custodian or guardian and appoint another in his stead or
5 restore the minor to the custody of his parents or former
6 guardian or custodian. However, custody of the minor shall
7 not be restored to any parent, guardian or legal custodian in
8 any case in which the minor is found to be neglected or
9 abused under Section 2-3 or dependent under Section 2-4 of
10 this Act, unless the minor can be cared for at home without
11 endangering the minor's health or safety and it is in the
12 best interests of the minor, and if such neglect, or abuse,
13 or dependency is found by the court under paragraph (1) (2)
14 of Section 2-21 of this Act to have come about due to the
15 acts or omissions or both of be the result of physical abuse
16 inflicted on the minor by such parent, guardian or legal
17 custodian, until such time as an investigation is made as
18 provided in paragraph (5) and a hearing is held on the issue
19 of the fitness of such parent, guardian or legal custodian to
20 care for the minor and the court enters an order that such
21 parent, guardian or legal custodian is fit to care for the
22 minor.
23 (2) In counties under 3,000,000 population, The first
24 permanency hearing hearings shall be conducted by the judge.
25 In counties with a population of 3,000,000 or more, the first
26 permanency hearing shall be conducted by a judge. Subsequent
27 permanency hearings may be heard by a judge or by hearing
28 officers appointed or approved by the court in the manner set
29 forth in Section 2-28.1 of this Act. The initial hearing
30 shall be held (a) within 12 months from the date temporary
31 custody was taken, (b) if the parental rights of both parents
32 have been terminated in accordance with the procedure
33 described in subsection (5) of Section 2-21, within 30 days
34 of the order for termination of parental rights and
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1 appointment of a guardian with power to consent to adoption,
2 or (c) in accordance with subsection (2) of Section 2-13.1.
3 Subsequent permanency hearings shall be held every 6 months
4 or more frequently if necessary in the court's determination
5 following the initial permanency hearing, in accordance with
6 the standards set forth in this Section, until the court
7 determines that the plan and goal have been achieved. Once
8 the plan and goal have been achieved, if the minor remains in
9 substitute care, the case shall be reviewed at least every 6
10 months thereafter, subject to the provisions of this Section,
11 unless the minor is placed in the guardianship of a suitable
12 relative or other person and the court determines that
13 further monitoring by the court does not further the health,
14 safety or best interest of the child and that this is a
15 stable permanent placement. The permanency hearings must
16 occur within the time frames set forth in this subsection and
17 may not be delayed in anticipation of a report from any
18 source on or due to the agency's failure to timely file its
19 written report (this written report means the one required
20 under the next paragraph and does not mean the service plan
21 also referred to in that paragraph).
22 The public agency that is the custodian or guardian of
23 the minor, or another agency responsible for the minor's
24 care, shall ensure that all parties to the permanency
25 hearings are provided a copy of the most recent service plan
26 prepared within the prior 6 months at least 14 days in
27 advance of the hearing. If not contained in the plan, the
28 agency shall also include a report setting forth (i) any
29 special physical, psychological, educational, medical,
30 emotional, or other needs of the minor or his or her family
31 that are relevant to a permanency or placement determination
32 and (ii) for any minor age 16 or over, a written description
33 of the programs and services that will enable the minor to
34 prepare for independent living. The agency's written report
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1 must detail what progress or lack of progress the parent has
2 made in correcting the conditions requiring the child to be
3 in care; whether the child can be returned home without
4 jeopardizing the child's health, safety, and welfare, and if
5 not, what permanency goal is recommended to be in the best
6 interests of the child, and why the other permanency goals
7 are not appropriate. The caseworker must appear and testify
8 at the permanency hearing. If a permanency hearing has not
9 previously been scheduled by the court, the moving party
10 shall move for the setting of a permanency hearing and the
11 entry of an order within the time frames set forth in this
12 subsection.
13 At the permanency hearing, the court shall determine the
14 future status of the child. The court shall set one of the
15 following permanency goals:
16 (A) The minor will be returned home by a specific
17 date within 5 months.
18 (B) The minor will be in short-term care with a
19 continued goal to return home within a period not to
20 exceed one year, where the progress of the parent or
21 parents is substantial giving particular consideration to
22 the age and individual needs of the minor.
23 (B-1) The minor will be in short-term care with a
24 continued goal to return home pending a status hearing.
25 When the court finds that a parent has not made
26 reasonable efforts or reasonable progress to date, the
27 court shall identify what actions the parent and the
28 Department must take in order to justify a finding of
29 reasonable efforts or reasonable progress and shall set a
30 status hearing to be held not earlier than 9 months from
31 the date of adjudication nor later than 11 months from
32 the date of adjudication during which the parent's
33 progress will again be reviewed.
34 (C) The minor will be in substitute care pending
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1 court determination on termination of parental rights.
2 (D) Adoption, provided that parental rights have
3 been terminated or relinquished.
4 (E) The guardianship of the minor will be
5 transferred to an individual or couple on a permanent
6 basis provided that goals (A) through (D) have been ruled
7 out.
8 (F) The minor over age 12 will be in substitute
9 care pending independence.
10 (G) The minor will be in substitute care because he
11 or she cannot be provided for in a home environment due
12 to developmental disabilities or mental illness or
13 because he or she is a danger to self or others, provided
14 that goals (A) through (D) have been ruled out.
15 In selecting any permanency goal, the court shall
16 indicate in writing the reasons the goal was selected and why
17 the preceding goals were ruled out. Where the court has
18 selected a permanency goal other than (A), (B), or (B-1), the
19 Department of Children and Family Services shall not provide
20 further reunification services, but shall provide services
21 consistent with the goal selected.
22 The court shall set a consider the following factors when
23 setting the permanency goal that is in the best interest of
24 the child. The court's determination shall include the
25 following factors:
26 (1) Age of the child.
27 (2) Options available for permanence.
28 (3) Current placement of the child and the intent
29 of the family regarding adoption.
30 (4) Emotional, physical, and mental status or
31 condition of the child.
32 (5) Types of services previously offered and
33 whether or not the services were successful and, if not
34 successful, the reasons the services failed.
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1 (6) Availability of services currently needed and
2 whether the services exist.
3 (7) Status of siblings of the minor.
4 The court shall consider (i) the permanency goal
5 contained in the service plan, (ii) the appropriateness of
6 the services contained in the plan and whether those services
7 have been provided, (iii) whether reasonable efforts have
8 been made by all the parties to the service plan to achieve
9 the goal, and (iv) whether the plan and goal have been
10 achieved. All evidence relevant to determining these
11 questions, including oral and written reports, may be
12 admitted and may be relied on to the extent of their
13 probative value.
14 If the goal has been achieved, the court shall enter
15 orders that are necessary to conform the minor's legal
16 custody and status to those findings.
17 If, after receiving evidence, the court determines that
18 the services contained in the plan are not reasonably
19 calculated to facilitate achievement of the permanency goal,
20 the court shall put in writing the factual basis supporting
21 the determination and enter specific findings based on the
22 evidence. The court also shall enter an order for the
23 Department to develop and implement a new service plan or to
24 implement changes to the current service plan consistent with
25 the court's findings. The new service plan shall be filed
26 with the court and served on all parties within 45 days of
27 the date of the order. The court shall continue the matter
28 until the new service plan is filed. Unless otherwise
29 specifically authorized by law, the court is not empowered
30 under this subsection (2) or under subsection (3) to order
31 specific placements, specific services, or specific service
32 providers to be included in the plan.
33 A guardian or custodian appointed by the court pursuant
34 to this Act shall file updated case plans with the court
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1 every 6 months.
2 Rights of wards of the court under this Act are
3 enforceable against any public agency by complaints for
4 relief by mandamus filed in any proceedings brought under
5 this Act.
6 (3) Following the permanency hearing, the court shall
7 enter a written order that includes the determinations
8 required under subsection (2) of this Section 2-28, and sets
9 forth the following:
10 (a) The future status of the minor, including the
11 permanency goal, and any order necessary to conform the
12 minor's legal custody and status to such determination;
13 or
14 (b) If the permanency goal of the minor cannot be
15 achieved immediately, the specific reasons for continuing
16 the minor in the care of the Department of Children and
17 Family Services or other agency for short term placement,
18 and the following determinations:
19 (i) (Blank).
20 (ii) Whether the services required by the
21 court and by any service plan prepared within the
22 prior 6 months have been provided and (A) if so,
23 whether the services were reasonably calculated to
24 facilitate the achievement of the permanency goal or
25 (B) if not provided, why the services were not
26 provided.
27 (iii) Whether the minor's placement is
28 necessary, and appropriate to the plan and goal,
29 recognizing the right of minors to the least
30 restrictive (most family-like) setting available and
31 in close proximity to the parents' home consistent
32 with the health, safety, best interest and special
33 needs of the minor and, if the minor is placed
34 out-of-State, whether the out-of-State placement
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1 continues to be appropriate and consistent with the
2 health, safety, and best interest of the minor.
3 (iv) (Blank).
4 (v) (Blank).
5 Any order entered pursuant to this subsection (3) shall
6 be immediately appealable as a matter of right under Supreme
7 Court Rule 304(b)(1).
8 (4) The minor or any person interested in the minor may
9 apply to the court for a change in custody of the minor and
10 the appointment of a new custodian or guardian of the person
11 or for the restoration of the minor to the custody of his
12 parents or former guardian or custodian.
13 When return home is not selected as the permanency goal:
14 (a) The Department, the minor, State's Attorney or
15 the current foster parent or relative caregiver seeking
16 private guardianship may file a motion for private
17 guardianship of the minor. Appointment of a guardian
18 under this Section requires approval of the court and the
19 Department of Children and Family Services.
20 (b) The State's Attorney may file a motion to
21 terminate parental rights of any parent who has failed to
22 make reasonable efforts to correct the conditions which
23 led to the removal of the child or reasonable progress
24 toward the return of the child, as defined in subdivision
25 (D)(m) of Section 1 of the Adoption Act or for whom any
26 other unfitness ground for terminating parental rights as
27 defined in subdivision (D) of Section 1 of the Adoption
28 Act exists.
29 Custody of the minor shall not be restored to any parent,
30 guardian or legal custodian in any case in which the minor is
31 found to be neglected or abused under Section 2-3 or
32 dependent under Section 2-4 of this Act, unless the minor can
33 be cared for at home without endangering his or her health or
34 safety and it is in the best interest of the minor, and if
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1 such neglect, or abuse, or dependency is found by the court
2 under paragraph (1) (2) of Section 2-21 of this Act to have
3 come about due to the acts or omissions or both of be the
4 result of physical abuse inflicted on the minor by such
5 parent, guardian or legal custodian, until such time as an
6 investigation is made as provided in paragraph (4) and a
7 hearing is held on the issue of the health, safety and best
8 interest of the minor and the fitness of such parent,
9 guardian or legal custodian to care for the minor and the
10 court enters an order that such parent, guardian or legal
11 custodian is fit to care for the minor. In the event that
12 the minor has attained 18 years of age and the guardian or
13 custodian petitions the court for an order terminating his
14 guardianship or custody, guardianship or custody shall
15 terminate automatically 30 days after the receipt of the
16 petition unless the court orders otherwise. No legal
17 custodian or guardian of the person may be removed without
18 his consent until given notice and an opportunity to be heard
19 by the court.
20 When the court orders a child restored to the custody of
21 the parent or parents, the court shall order the parent or
22 parents to cooperate with the Department of Children and
23 Family Services and comply with the terms of an after-care
24 plan, or risk the loss of custody of the child and possible
25 termination of their parental rights. The court may also
26 enter an order of protective supervision in accordance with
27 Section 2-24.
28 (5) Whenever a parent, guardian, or legal custodian
29 files a motion for restoration of custody of the minor, and
30 the minor was adjudicated neglected, or abused, or dependent
31 as a result of physical abuse, the court shall cause to be
32 made an investigation as to whether the movant has ever been
33 charged with or convicted of any criminal offense which would
34 indicate the likelihood of any further physical abuse to the
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1 minor. Evidence of such criminal convictions shall be taken
2 into account in determining whether the minor can be cared
3 for at home without endangering his or her health or safety
4 and fitness of the parent, guardian, or legal custodian.
5 (a) Any agency of this State or any subdivision
6 thereof shall co-operate with the agent of the court in
7 providing any information sought in the investigation.
8 (b) The information derived from the investigation
9 and any conclusions or recommendations derived from the
10 information shall be provided to the parent, guardian, or
11 legal custodian seeking restoration of custody prior to
12 the hearing on fitness and the movant shall have an
13 opportunity at the hearing to refute the information or
14 contest its significance.
15 (c) All information obtained from any investigation
16 shall be confidential as provided in Section 1-10 of this
17 Act.
18 (Source: P.A. 89-17, eff. 5-31-95; 89-21, eff. 7-1-95;
19 89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98;
20 90-87, eff. 9-1-97; revised 11-12-97.)
21 (705 ILCS 405/2-28.1)
22 Sec. 2-28.1. Permanency hearings; before hearing
23 officers.
24 (a) The chief judge of the circuit court may appoint
25 hearing officers to conduct the permanency hearings set forth
26 in subsection (2) of Section 2-28 or subsection (c) of
27 Section 2-28.01 of this Act, in accordance with the
28 provisions of this Section. The hearing officers shall be
29 attorneys with at least 3 years experience in child abuse and
30 neglect or permanency planning and in counties with a
31 population of 3,000,000 or more, any hearing officer
32 appointed after September 1, 1997, must be an attorney
33 admitted to practice for at least 7 years. Once trained by
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1 the court, hearing officers shall be authorized to do the
2 following:
3 (1) Conduct a fair and impartial hearing.
4 (2) Summon and compel the attendance of witnesses.
5 (3) Administer the oath or affirmation and take
6 testimony under oath or affirmation.
7 (4) Require the production of evidence relevant to
8 the permanency hearing to be conducted. That evidence
9 may include, but need not be limited to case plans,
10 social histories, medical and psychological evaluations,
11 child placement histories, visitation records, and other
12 documents and writings applicable to those items.
13 (5) Rule on the admissibility of evidence using the
14 standard applied at a dispositional hearing under Section
15 2-22 of this Act.
16 (6) When necessary, cause notices to be issued
17 requiring parties, the public agency that is custodian or
18 guardian of the minor, or another agency responsible for
19 the minor's care to appear either before the hearing
20 officer or in court.
21 (7) Analyze the evidence presented to the hearing
22 officer and prepare written recommended orders, including
23 findings of fact, based on the evidence.
24 (8) Prior to the hearing, conduct any pre-hearings
25 that may be necessary.
26 (9) Conduct in camera interviews with children when
27 requested by a child or the child's guardian ad litem.
28 In counties with a population of 3,000,000 or more, hearing
29 officers shall also be authorized to do the following:
30 (i) (1) (10) Accept specific consents for adoption
31 or surrenders of parental rights from a parent or
32 parents.
33 (ii) (2) (11) Conduct hearings on the progress made
34 toward the permanency goal set for the minor.
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1 (iii) (3) (12) Perform other duties as assigned by
2 the court.
3 (b) The hearing officer shall consider evidence and
4 conduct the permanency hearings as set forth in subsections
5 (2) and (3) of Section 2-28 or subsection (c) of Section
6 2-28.01 of this Act in accordance with the standards set
7 forth therein. The hearing officer shall assure that a
8 verbatim record of the proceedings is made and retained for a
9 period of 12 months or until the next permanency hearing,
10 whichever date is later, and shall direct to the clerk of the
11 court all documents and evidence to be made part of the court
12 file. The hearing officer shall inform the participants of
13 their individual rights and responsibilities. The hearing
14 officer shall identify the issues to be reviewed under
15 subsection (2) of Section 2-28 or subsection (c) of Section
16 2-28.01, consider all relevant facts, and receive or request
17 any additional information necessary to make recommendations
18 to the court.
19 If a party fails to appear at the hearing, the hearing
20 officer may proceed to the permanency hearing with the
21 parties present at the hearing. The hearing officer shall
22 specifically note for the court the absence of any parties.
23 If all parties are present at the permanency hearing, and the
24 parties and the Department are in agreement that the service
25 plan and permanency goal are appropriate or are in agreement
26 that the permanency goal for the child has been achieved, the
27 hearing officer shall prepare a recommended order, including
28 findings of fact, to be submitted to the court, and all
29 parties and the Department shall sign the recommended order
30 at the time of the hearing. The recommended order will then
31 be submitted to the court for its immediate consideration and
32 the entry of an appropriate order.
33 The court may enter an order consistent with the
34 recommended order without further hearing or notice to the
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1 parties, may refer the matter to the hearing officer for
2 further proceedings, or may hold such additional hearings as
3 the court deems necessary. All parties present at the
4 hearing and the Department shall be tendered a copy of the
5 court's order at the conclusion of the hearing.
6 (c) If one or more parties are not present at the
7 permanency hearing, or any party or the Department of
8 Children and Family Services objects to the hearing officer's
9 recommended order, including any findings of fact, the
10 hearing officer shall set the matter for a judicial
11 determination within 30 days of the permanency hearing for
12 the entry of the recommended order or for receipt of the
13 parties' objections. Any objections shall be in writing and
14 identify the specific findings or recommendations that are
15 contested, the basis for the objections, and the evidence or
16 applicable law supporting the objection. The recommended
17 order and its contents may not be disclosed to anyone other
18 than the parties and the Department or other agency unless
19 otherwise specifically ordered by a judge of the court.
20 Following the receipt of objections consistent with this
21 subsection from any party or the Department of Children and
22 Family Services to the hearing officer's recommended orders,
23 the court shall make a judicial determination of those
24 portions of the order to which objections were made, and
25 shall enter an appropriate order. The court may refuse to
26 review any objections that fail to meet the requirements of
27 this subsection.
28 (d) The following are judicial functions and shall be
29 performed only by a circuit judge or associate judge:
30 (1) Review of the recommended orders of the hearing
31 officer and entry of orders the court deems appropriate.
32 (2) Conduct of judicial hearings on all pre-hearing
33 motions and other matters that require a court order and
34 entry of orders as the court deems appropriate.
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1 (3) Conduct of judicial determinations on all
2 matters in which the parties or the Department of
3 Children and Family Services disagree with the hearing
4 officer's recommended orders under subsection (3).
5 (4) Issuance of rules to show cause, conduct of
6 contempt proceedings, and imposition of appropriate
7 sanctions or relief.
8 (Source: P.A. 89-17, eff. 5-31-95; 90-27, eff. 1-1-98; 90-28,
9 eff. 1-1-98; 90-87, eff. 9-1-97; revised 11-12-97.)
10 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
11 Sec. 2-29. Adoption; appointment of guardian with power
12 to consent.
13 (1) With leave of the court, a minor who is the subject
14 of an abuse, neglect, or dependency petition under this Act
15 may be the subject of a petition for adoption under the
16 Adoption Act.
17 (1.1) The parent or parents of a child in whose interest
18 a petition under Section 2-13 of this Act is pending may, in
19 the manner required by the Adoption Act, (a) surrender him or
20 her for adoption to an agency legally authorized or licensed
21 to place children for adoption, (b) consent to his or her
22 adoption, or (c) consent to his or her adoption by a
23 specified person or persons. Nothing in this Section requires
24 that the parent or parents execute the surrender, consent, or
25 consent to adoption by a specified person in open court.
26 (2) If a petition or motion alleges and the court finds
27 that it is in the best interest of the minor that parental
28 rights be terminated and the petition or motion requests that
29 a guardian of the person be appointed and authorized to
30 consent to the adoption of the minor, the court, with the
31 consent of the parents, if living, or after finding, based
32 upon clear and convincing evidence, that a parent is an unfit
33 person as defined in Section 1 of the Adoption Act, may
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1 terminate parental rights and empower the guardian of the
2 person of the minor, in the order appointing him or her as
3 such guardian, to appear in court where any proceedings for
4 the adoption of the minor may at any time be pending and to
5 consent to the adoption. Such consent is sufficient to
6 authorize the court in the adoption proceedings to enter a
7 proper order or judgment of adoption without further notice
8 to, or consent by, the parents of the minor. An order so
9 empowering the guardian to consent to adoption deprives the
10 parents of the minor of all legal rights as respects the
11 minor and relieves them of all parental responsibility for
12 him or her, and frees the minor from all obligations of
13 maintenance and obedience to his or her natural parents.
14 If the minor is over 14 years of age, the court may, in
15 its discretion, consider the wishes of the minor in
16 determining whether the best interests of the minor would be
17 promoted by the finding of the unfitness of a non-consenting
18 parent.
19 (2.1) Notice to a parent who has appeared or been served
20 with summons personally or by certified mail, and for whom an
21 order of default has been entered on the petition for
22 wardship and has not been set aside shall be provided in
23 accordance with Supreme Court Rule 11. Notice to a parent
24 who was served by publication and for whom an order of
25 default has been entered on the petition for wardship and has
26 not been set aside shall be provided in accordance with
27 Sections 2-15 and 2-16.
28 (3) Parental consent to the order terminating parental
29 rights and authorizing the guardian of the person to consent
30 to adoption of the minor shall be made in open court whenever
31 possible and otherwise must be in writing and signed in the
32 form provided in the Adoption Act, but no names of
33 petitioners for adoption need be included.
34 (4) A finding of the unfitness of a parent must be made
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1 in compliance with the Adoption Act, without regard to the
2 likelihood that the child will be placed for adoption, and be
3 based upon clear and convincing evidence. Provisions of the
4 Adoption Act relating to minor parents and to mentally ill or
5 mentally deficient parents apply to proceedings under this
6 Section and any findings with respect to such parents shall
7 be based upon clear and convincing evidence.
8 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
9 P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97.)
10 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
11 Sec. 2-31. Duration of wardship and discharge of
12 proceedings.
13 (1) All proceedings under this Act in respect of any
14 minor for whom a petition was filed after the effective date
15 of this amendatory Act of 1991 automatically terminate upon
16 his attaining the age of 19 years, except that a court may
17 continue the wardship of a minor until age 21 for good cause
18 when there is satisfactory evidence presented to the court
19 and the court makes written factual findings that the health,
20 safety, and best interest of the minor and the public require
21 the continuation of the wardship.
22 (2) Whenever the court determines, and makes written
23 factual findings, that health, safety, and the best interests
24 of the minor and the public no longer require the wardship of
25 the court, the court shall order the wardship terminated and
26 all proceedings under this Act respecting that minor finally
27 closed and discharged. The court may at the same time
28 continue or terminate any custodianship or guardianship
29 theretofore ordered but the termination must be made in
30 compliance with Section 2-28 or 2-28.01, whichever is
31 applicable.
32 (3) The wardship of the minor and any custodianship or
33 guardianship respecting the minor for whom a petition was
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1 filed after the effective date of this amendatory Act of 1991
2 automatically terminates when he attains the age of 19 years
3 except as set forth in subsection (1) of this Section. The
4 clerk of the court shall at that time record all proceedings
5 under this Act as finally closed and discharged for that
6 reason.
7 (Source: P.A. 90-28, eff. 1-1-98; revised 11-12-97.)
8 (705 ILCS 405/2-28.01 rep.)
9 Section 32. The Juvenile Court Act of 1987 is amended by
10 repealing Section 2-28.01.
11 Section 35. The Mental Health and Developmental
12 Disabilities Confidentiality Act is amended by changing
13 Sections 7.1 and 10 as follows:
14 (740 ILCS 110/7.1)
15 Sec. 7.1. Interagency disclosures.
16 (a) Nothing in this Act shall be construed to prevent
17 the interagency disclosure of the name, social security
18 number, and information concerning services rendered,
19 currently being rendered, or proposed to be rendered
20 regarding a recipient of services. This disclosure may be
21 made only between agencies or departments of the State
22 including, but not limited to: (i) the Department of Human
23 Services, (ii) the Department of Public Aid, (iii) the
24 Department of Public Health, and (iv) the State Board of
25 Education, and (v) the Department of Children and Family
26 Services for the purpose of a diligent search for a missing
27 parent pursuant to Sections 2-15 and 2-16 of the Juvenile
28 Court Act of 1987 if the Department of Children and Family
29 Services has reason to believe the parent is residing in a
30 mental health facility, when one or more agencies or
31 departments of the State have entered into a prior
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1 interagency agreement, memorandum of understanding, or
2 similar agreement to jointly provide or cooperate in the
3 provision of or funding of mental health or developmental
4 disabilities services.
5 The Department of Children and Family Services shall not
6 redisclose the information received under this Section other
7 than for purposes of service provision or as necessary for
8 proceedings under the Juvenile Court Act of 1987.
9 (b) This Section applies to, but is not limited to,
10 interagency disclosures under interagency agreements entered
11 into in compliance with the Early Intervention Services
12 System Act.
13 (c) Information disclosed under this Section shall be
14 for the limited purpose of coordinating State efforts in
15 providing efficient interagency service systems and avoiding
16 duplication of interagency services.
17 (d) Information disclosed under this Section shall be
18 limited to the recipient's name, address, social security
19 number or other individually assigned identifying number, or
20 information generally descriptive of services rendered or to
21 be rendered. The disclosure of individual clinical or
22 treatment records or other confidential information is not
23 authorized by this Section.
24 (Source: P.A. 88-484; 89-507, eff. 7-1-97.)
25 (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
26 (Text of Section WITH the changes made by P.A. 89-7,
27 which has been held unconstitutional)
28 Sec. 10. Disclosure in civil, criminal, and other
29 proceedings.
30 (a) Except as provided herein, in any civil, criminal,
31 administrative, or legislative proceeding, or in any
32 proceeding preliminary thereto, a recipient, and a therapist
33 on behalf and in the interest of a recipient, has the
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1 privilege to refuse to disclose and to prevent the disclosure
2 of the recipient's record or communications.
3 (1) Records and communications may be disclosed in
4 a civil, criminal or administrative proceeding in which
5 the recipient introduces his mental condition or any
6 aspect of his services received for such condition as an
7 element of his claim or defense, if and only to the
8 extent the court in which the proceedings have been
9 brought, or, in the case of an administrative proceeding,
10 the court to which an appeal or other action for review
11 of an administrative determination may be taken, finds,
12 after in camera examination of testimony or other
13 evidence, that it is relevant, probative, not unduly
14 prejudicial or inflammatory, and otherwise clearly
15 admissible; that other satisfactory evidence is
16 demonstrably unsatisfactory as evidence of the facts
17 sought to be established by such evidence; and that
18 disclosure is more important to the interests of
19 substantial justice than protection from injury to the
20 therapist-recipient relationship or to the recipient or
21 other whom disclosure is likely to harm. Except in a
22 criminal proceeding in which the recipient, who is
23 accused in that proceeding, raises the defense of
24 insanity, no record or communication between a therapist
25 and a recipient shall be deemed relevant for purposes of
26 this subsection, except the fact of treatment, the cost
27 of services and the ultimate diagnosis unless the party
28 seeking disclosure of the communication clearly
29 establishes in the trial court a compelling need for its
30 production. However, for purposes of this Act, in any
31 action brought or defended under the Illinois Marriage
32 and Dissolution of Marriage Act, or in any action in
33 which pain and suffering is an element of the claim,
34 mental condition shall not be deemed to be introduced
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1 merely by making such claim and shall be deemed to be
2 introduced only if the recipient or a witness on his
3 behalf first testifies concerning the record or
4 communication.
5 (2) Records or communications may be disclosed in a
6 civil proceeding after the recipient's death when the
7 recipient's physical or mental condition has been
8 introduced as an element of a claim or defense by any
9 party claiming or defending through or as a beneficiary
10 of the recipient, provided the court finds, after in
11 camera examination of the evidence, that it is relevant,
12 probative, and otherwise clearly admissible; that other
13 satisfactory evidence is not available regarding the
14 facts sought to be established by such evidence; and that
15 disclosure is more important to the interests of
16 substantial justice than protection from any injury which
17 disclosure is likely to cause.
18 (3) In the event of a claim made or an action filed
19 by a recipient, or, following the recipient's death, by
20 any party claiming as a beneficiary of the recipient for
21 injury caused in the course of providing services to that
22 recipient, the therapist may testify as to pertinent
23 records or communications in any administrative, judicial
24 or discovery proceeding for the purpose of preparing and
25 presenting a defense against the claim or action.
26 (3.1) A therapist has the right to communicate at
27 any time and in any fashion with his or her own counsel
28 or professional liability insurance carrier, or both,
29 concerning any care or treatment he or she provided, or
30 assisted in providing, to any patient.
31 (3.2) A therapist has the right to communicate at
32 any time and in any fashion with his or her present or
33 former employer, principal, partner, professional
34 corporation, or professional liability insurance carrier,
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1 or counsel for any of those entities, concerning any care
2 or treatment he or she provided, or assisted in
3 providing, to any patient within the scope of his or her
4 employment, affiliation, or other agency with the
5 employer, principal, partner, or professional
6 corporation.
7 (4) Records and communications made to or by a
8 therapist in the course of examination ordered by a court
9 for good cause shown may, if otherwise relevant and
10 admissible, be disclosed in a civil, criminal, or
11 administrative proceeding in which the recipient is a
12 party or in appropriate pretrial proceedings, provided
13 such court has found that the recipient has been as
14 adequately and as effectively as possible informed before
15 submitting to such examination that such records and
16 communications would not be considered confidential or
17 privileged. Such records and communications shall be
18 admissible only as to issues involving the recipient's
19 physical or mental condition and only to the extent that
20 these are germane to such proceedings.
21 (5) Records and communications may be disclosed in
22 a proceeding under the Probate Act of 1975, to determine
23 a recipient's competency or need for guardianship,
24 provided that the disclosure is made only with respect to
25 that issue.
26 (6) Records and communications may be disclosed
27 when such are made during treatment which the recipient
28 is ordered to undergo to render him fit to stand trial on
29 a criminal charge, provided that the disclosure is made
30 only with respect to the issue of fitness to stand trial.
31 (7) Records and communications of the recipient may
32 be disclosed in any civil or administrative proceeding
33 involving the validity of or benefits under a life,
34 accident, health or disability insurance policy or
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1 certificate, or Health Care Service Plan Contract,
2 insuring the recipient, but only if and to the extent
3 that the recipient's mental condition, or treatment or
4 services in connection therewith, is a material element
5 of any claim or defense of any party, provided that
6 information sought or disclosed shall not be redisclosed
7 except in connection with the proceeding in which
8 disclosure is made.
9 (8) Records or communications may be disclosed when
10 such are relevant to a matter in issue in any action
11 brought under this Act and proceedings preliminary
12 thereto, provided that any information so disclosed shall
13 not be utilized for any other purpose nor be redisclosed
14 except in connection with such action or preliminary
15 proceedings.
16 (9) Records and communications of the recipient may
17 be disclosed in investigations of and trials for homicide
18 when the disclosure relates directly to the fact or
19 immediate circumstances of the homicide.
20 (10) Records and communications of a deceased
21 recipient may be disclosed to a coroner conducting a
22 preliminary investigation into the recipient's death
23 under Section 3-3013 of the Counties Code. However,
24 records and communications of the deceased recipient
25 disclosed in an investigation shall be limited solely to
26 the deceased recipient's records and communications
27 relating to the factual circumstances of the incident
28 being investigated in a mental health facility.
29 (11) Records and communications of a recipient
30 shall be disclosed in a proceeding where a petition or
31 motion is filed under the Juvenile Court Act of 1987 and
32 the recipient is named as a parent, guardian, or legal
33 custodian of a minor who is the subject of a petition for
34 wardship as described in Section 2-3 of that Act or a
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1 minor who is the subject of a petition for wardship as
2 described in Section 2-4 of that Act alleging the minor
3 is abused, neglected, or dependent or the recipient is
4 named as a parent of a child who is the subject of a
5 petition, supplemental petition, or motion to appoint a
6 guardian with the power to consent to adoption under
7 Section 2-29 of the Juvenile Court Act of 1987.
8 (b) Before a disclosure is made under subsection (a),
9 any party to the proceeding or any other interested person
10 may request an in camera review of the record or
11 communications to be disclosed. The court or agency
12 conducting the proceeding may hold an in camera review on its
13 own motion, except that this provision does not apply to
14 paragraph (3.1) of subsection (a) (regarding consultations
15 between a therapist and his or her own counsel or
16 professional liability insurance carrier) or paragraph (3.2)
17 of subsection (a) (regarding consultations between a
18 therapist and his or her employer, principal, partner,
19 professional corporation, or professional liability insurance
20 carrier, or counsel for any of those entities). When,
21 contrary to the express wish of the recipient, the therapist
22 asserts a privilege on behalf and in the interest of a
23 recipient, the court may require that the therapist, in an in
24 camera hearing, establish that disclosure is not in the best
25 interest of the recipient. The court or agency may prevent
26 disclosure or limit disclosure to the extent that other
27 admissible evidence is sufficient to establish the facts in
28 issue, except that a court may not prevent or limit
29 disclosures between a therapist and his or her own counsel or
30 between a therapist and his or her employer, principal,
31 partner, professional corporation, or professional liability
32 insurance carrier, or counsel for any of those entities. The
33 court or agency may enter such orders as may be necessary in
34 order to protect the confidentiality, privacy, and safety of
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1 the recipient or of other persons. Any order to disclose or
2 to not disclose shall be considered a final order for
3 purposes of appeal and shall be subject to interlocutory
4 appeal.
5 (c) A recipient's records and communications may be
6 disclosed to a duly authorized committee, commission or
7 subcommittee of the General Assembly which possesses subpoena
8 and hearing powers, upon a written request approved by a
9 majority vote of the committee, commission or subcommittee
10 members. The committee, commission or subcommittee may
11 request records only for the purposes of investigating or
12 studying possible violations of recipient rights. The
13 request shall state the purpose for which disclosure is
14 sought.
15 The facility shall notify the recipient, or his guardian,
16 and therapist in writing of any disclosure request under this
17 subsection within 5 business days after such request. Such
18 notification shall also inform the recipient, or guardian,
19 and therapist of their right to object to the disclosure
20 within 10 business days after receipt of the notification and
21 shall include the name, address and telephone number of the
22 committee, commission or subcommittee member or staff person
23 with whom an objection shall be filed. If no objection has
24 been filed within 15 business days after the request for
25 disclosure, the facility shall disclose the records and
26 communications to the committee, commission or subcommittee.
27 If an objection has been filed within 15 business days after
28 the request for disclosure, the facility shall disclose the
29 records and communications only after the committee,
30 commission or subcommittee has permitted the recipient,
31 guardian or therapist to present his objection in person
32 before it and has renewed its request for disclosure by a
33 majority vote of its members.
34 Disclosure under this subsection shall not occur until
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1 all personally identifiable data of the recipient and
2 provider are removed from the records and communications.
3 Disclosure under this subsection shall not occur in any
4 public proceeding.
5 (d) No party to any proceeding described under
6 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
7 of this Section, nor his or her attorney, shall serve a
8 subpoena seeking to obtain access to records or
9 communications under this Act unless the subpoena is
10 accompanied by a written order issued by a judge, authorizing
11 the disclosure of the records or the issuance of the
12 subpoena. No person shall comply with a subpoena for records
13 or communications under this Act, unless the subpoena is
14 accompanied by a written order authorizing the issuance of
15 the subpoena or the disclosure of the records.
16 This amendatory Act of 1995 applies to causes of action
17 filed on or after its effective date.
18 (Source: P.A. 89-7, eff. 3-9-95.)
19 (Text of Section WITHOUT the changes made by P.A. 89-7,
20 which has been held unconstitutional)
21 Sec. 10. (a) Except as provided herein, in any civil,
22 criminal, administrative, or legislative proceeding, or in
23 any proceeding preliminary thereto, a recipient, and a
24 therapist on behalf and in the interest of a recipient, has
25 the privilege to refuse to disclose and to prevent the
26 disclosure of the recipient's record or communications.
27 (1) Records and communications may be disclosed in
28 a civil, criminal or administrative proceeding in which
29 the recipient introduces his mental condition or any
30 aspect of his services received for such condition as an
31 element of his claim or defense, if and only to the
32 extent the court in which the proceedings have been
33 brought, or, in the case of an administrative proceeding,
34 the court to which an appeal or other action for review
-95- LRB9011267SMdvam02
1 of an administrative determination may be taken, finds,
2 after in camera examination of testimony or other
3 evidence, that it is relevant, probative, not unduly
4 prejudicial or inflammatory, and otherwise clearly
5 admissible; that other satisfactory evidence is
6 demonstrably unsatisfactory as evidence of the facts
7 sought to be established by such evidence; and that
8 disclosure is more important to the interests of
9 substantial justice than protection from injury to the
10 therapist-recipient relationship or to the recipient or
11 other whom disclosure is likely to harm. Except in a
12 criminal proceeding in which the recipient, who is
13 accused in that proceeding, raises the defense of
14 insanity, no record or communication between a therapist
15 and a recipient shall be deemed relevant for purposes of
16 this subsection, except the fact of treatment, the cost
17 of services and the ultimate diagnosis unless the party
18 seeking disclosure of the communication clearly
19 establishes in the trial court a compelling need for its
20 production. However, for purposes of this Act, in any
21 action brought or defended under the Illinois Marriage
22 and Dissolution of Marriage Act, or in any action in
23 which pain and suffering is an element of the claim,
24 mental condition shall not be deemed to be introduced
25 merely by making such claim and shall be deemed to be
26 introduced only if the recipient or a witness on his
27 behalf first testifies concerning the record or
28 communication.
29 (2) Records or communications may be disclosed in a
30 civil proceeding after the recipient's death when the
31 recipient's physical or mental condition has been
32 introduced as an element of a claim or defense by any
33 party claiming or defending through or as a beneficiary
34 of the recipient, provided the court finds, after in
-96- LRB9011267SMdvam02
1 camera examination of the evidence, that it is relevant,
2 probative, and otherwise clearly admissible; that other
3 satisfactory evidence is not available regarding the
4 facts sought to be established by such evidence; and that
5 disclosure is more important to the interests of
6 substantial justice than protection from any injury which
7 disclosure is likely to cause.
8 (3) In the event of a claim made or an action filed
9 by a recipient, or, following the recipient's death, by
10 any party claiming as a beneficiary of the recipient for
11 injury caused in the course of providing services to such
12 recipient, the therapist and other persons whose actions
13 are alleged to have been the cause of injury may disclose
14 pertinent records and communications to an attorney or
15 attorneys engaged to render advice about and to provide
16 representation in connection with such matter and to
17 persons working under the supervision of such attorney or
18 attorneys, and may testify as to such records or
19 communication in any administrative, judicial or
20 discovery proceeding for the purpose of preparing and
21 presenting a defense against such claim or action.
22 (4) Records and communications made to or by a
23 therapist in the course of examination ordered by a court
24 for good cause shown may, if otherwise relevant and
25 admissible, be disclosed in a civil, criminal, or
26 administrative proceeding in which the recipient is a
27 party or in appropriate pretrial proceedings, provided
28 such court has found that the recipient has been as
29 adequately and as effectively as possible informed before
30 submitting to such examination that such records and
31 communications would not be considered confidential or
32 privileged. Such records and communications shall be
33 admissible only as to issues involving the recipient's
34 physical or mental condition and only to the extent that
-97- LRB9011267SMdvam02
1 these are germane to such proceedings.
2 (5) Records and communications may be disclosed in
3 a proceeding under the Probate Act of 1975, to determine
4 a recipient's competency or need for guardianship,
5 provided that the disclosure is made only with respect to
6 that issue.
7 (6) Records and communications may be disclosed
8 when such are made during treatment which the recipient
9 is ordered to undergo to render him fit to stand trial on
10 a criminal charge, provided that the disclosure is made
11 only with respect to the issue of fitness to stand trial.
12 (7) Records and communications of the recipient may
13 be disclosed in any civil or administrative proceeding
14 involving the validity of or benefits under a life,
15 accident, health or disability insurance policy or
16 certificate, or Health Care Service Plan Contract,
17 insuring the recipient, but only if and to the extent
18 that the recipient's mental condition, or treatment or
19 services in connection therewith, is a material element
20 of any claim or defense of any party, provided that
21 information sought or disclosed shall not be redisclosed
22 except in connection with the proceeding in which
23 disclosure is made.
24 (8) Records or communications may be disclosed when
25 such are relevant to a matter in issue in any action
26 brought under this Act and proceedings preliminary
27 thereto, provided that any information so disclosed shall
28 not be utilized for any other purpose nor be redisclosed
29 except in connection with such action or preliminary
30 proceedings.
31 (9) Records and communications of the recipient may
32 be disclosed in investigations of and trials for homicide
33 when the disclosure relates directly to the fact or
34 immediate circumstances of the homicide.
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1 (10) Records and communications of a deceased
2 recipient may be disclosed to a coroner conducting a
3 preliminary investigation into the recipient's death
4 under Section 3-3013 of the Counties Code. However,
5 records and communications of the deceased recipient
6 disclosed in an investigation shall be limited solely to
7 the deceased recipient's records and communications
8 relating to the factual circumstances of the incident
9 being investigated in a mental health facility.
10 (11) Records and communications of a recipient
11 shall be disclosed in a proceeding where a petition or
12 motion is filed under the Juvenile Court Act of 1987 and
13 the recipient is named as a parent, guardian, or legal
14 custodian of a minor who is the subject of a petition for
15 wardship as described in Section 2-3 of that Act or a
16 minor who is the subject of a petition for wardship as
17 described in Section 2-4 of that Act alleging the minor
18 is abused, neglected, or dependent or the recipient is
19 named as a parent of a child who is the subject of a
20 petition, supplemental petition, or motion to appoint a
21 guardian with the power to consent to adoption under
22 Section 2-29 of the Juvenile Court Act of 1987.
23 (b) Before a disclosure is made under subsection (a),
24 any party to the proceeding or any other interested person
25 may request an in camera review of the record or
26 communications to be disclosed. The court or agency
27 conducting the proceeding may hold an in camera review on its
28 own motion. When, contrary to the express wish of the
29 recipient, the therapist asserts a privilege on behalf and in
30 the interest of a recipient, the court may require that the
31 therapist, in an in camera hearing, establish that disclosure
32 is not in the best interest of the recipient. The court or
33 agency may prevent disclosure or limit disclosure to the
34 extent that other admissible evidence is sufficient to
-99- LRB9011267SMdvam02
1 establish the facts in issue. The court or agency may enter
2 such orders as may be necessary in order to protect the
3 confidentiality, privacy, and safety of the recipient or of
4 other persons. Any order to disclose or to not disclose
5 shall be considered a final order for purposes of appeal and
6 shall be subject to interlocutory appeal.
7 (c) A recipient's records and communications may be
8 disclosed to a duly authorized committee, commission or
9 subcommittee of the General Assembly which possesses subpoena
10 and hearing powers, upon a written request approved by a
11 majority vote of the committee, commission or subcommittee
12 members. The committee, commission or subcommittee may
13 request records only for the purposes of investigating or
14 studying possible violations of recipient rights. The
15 request shall state the purpose for which disclosure is
16 sought.
17 The facility shall notify the recipient, or his guardian,
18 and therapist in writing of any disclosure request under this
19 subsection within 5 business days after such request. Such
20 notification shall also inform the recipient, or guardian,
21 and therapist of their right to object to the disclosure
22 within 10 business days after receipt of the notification and
23 shall include the name, address and telephone number of the
24 committee, commission or subcommittee member or staff person
25 with whom an objection shall be filed. If no objection has
26 been filed within 15 business days after the request for
27 disclosure, the facility shall disclose the records and
28 communications to the committee, commission or subcommittee.
29 If an objection has been filed within 15 business days after
30 the request for disclosure, the facility shall disclose the
31 records and communications only after the committee,
32 commission or subcommittee has permitted the recipient,
33 guardian or therapist to present his objection in person
34 before it and has renewed its request for disclosure by a
-100- LRB9011267SMdvam02
1 majority vote of its members.
2 Disclosure under this subsection shall not occur until
3 all personally identifiable data of the recipient and
4 provider are removed from the records and communications.
5 Disclosure under this subsection shall not occur in any
6 public proceeding.
7 (d) No party to any proceeding described under
8 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
9 of this Section, nor his or her attorney, shall serve a
10 subpoena seeking to obtain access to records or
11 communications under this Act unless the subpoena is
12 accompanied by a written order issued by a judge, authorizing
13 the disclosure of the records or the issuance of the
14 subpoena. No person shall comply with a subpoena for records
15 or communications under this Act, unless the subpoena is
16 accompanied by a written order authorizing the issuance of
17 the subpoena or the disclosure of the records.
18 (Source: P.A. 86-1417; 87-124; 87-556; 87-895.)
19 Section 40. The Adoption Act is amended by changing
20 Sections 1 and 10 as follows:
21 (750 ILCS 50/1) (from Ch. 40, par. 1501)
22 Sec. 1. Definitions. When used in this Act, unless the
23 context otherwise requires:
24 A. "Child" means a person under legal age subject to
25 adoption under this Act.
26 B. "Related child" means a child subject to adoption
27 where either or both of the adopting parents stands in any of
28 the following relationships to the child by blood or
29 marriage: parent, grand-parent, brother, sister, step-parent,
30 step-grandparent, step-brother, step-sister, uncle, aunt,
31 great-uncle, great-aunt, or cousin of first degree. A child
32 whose parent has executed a final irrevocable consent to
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1 adoption or a final irrevocable surrender for purposes of
2 adoption, or whose parent has had his or her parental rights
3 terminated, is not a related child to that person, unless the
4 consent is determined to be void or is void pursuant to
5 subsection O of Section 10.
6 C. "Agency" for the purpose of this Act means a public
7 child welfare agency or a licensed child welfare agency.
8 D. "Unfit person" means any person whom the court shall
9 find to be unfit to have a child, without regard to the
10 likelihood that the child will be placed for adoption. The
11 grounds of unfitness are any one or more of the following:
12 (a) Abandonment of the child.
13 (a-1) Abandonment of a newborn infant in a
14 hospital.
15 (a-2) Abandonment of a newborn infant in any
16 setting where the evidence suggests that the parent
17 intended to relinquish his or her parental rights.
18 (b) Failure to maintain a reasonable degree of
19 interest, concern or responsibility as to the child's
20 welfare.
21 (c) Desertion of the child for more than 3 months
22 next preceding the commencement of the Adoption
23 proceeding.
24 (d) Substantial neglect of the child if continuous
25 or repeated.
26 (d-1) Substantial neglect, if continuous or
27 repeated, of any child residing in the household which
28 resulted in the death of that child.
29 (e) Extreme or repeated cruelty to the child.
30 (f) Two or more findings of physical abuse to any
31 children under Section 4-8 of the Juvenile Court Act or
32 Section 2-21 of the Juvenile Court Act of 1987, the most
33 recent of which was determined by the juvenile court
34 hearing the matter to be supported by clear and
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1 convincing evidence; a criminal conviction or a finding
2 of not guilty by reason of insanity resulting from the
3 death of any child by physical child abuse; or a finding
4 of physical child abuse resulting from the death of any
5 child under Section 4-8 of the Juvenile Court Act or
6 Section 2-21 of the Juvenile Court Act of 1987.
7 (g) Failure to protect the child from conditions
8 within his environment injurious to the child's welfare.
9 (h) Other neglect of, or misconduct toward the
10 child; provided that in making a finding of unfitness the
11 court hearing the adoption proceeding shall not be bound
12 by any previous finding, order or judgment affecting or
13 determining the rights of the parents toward the child
14 sought to be adopted in any other proceeding except such
15 proceedings terminating parental rights as shall be had
16 under either this Act, the Juvenile Court Act or the
17 Juvenile Court Act of 1987.
18 (i) Depravity. Conviction of any one of the
19 following crimes shall create a presumption that a parent
20 is depraved which can be overcome only by clear and
21 convincing evidence: (1) first degree murder in violation
22 of paragraph 1 or 2 of subsection (a) of Section 9-1 of
23 the Criminal Code of 1961 or conviction of second degree
24 murder in violation of subsection (a) of Section 9-2 of
25 the Criminal Code of 1961 of a parent of the child to be
26 adopted; (2) a criminal conviction of first degree murder
27 or second degree murder of any child in violation of the
28 Criminal Code of 1961; (3) a criminal conviction of
29 attempt or conspiracy to commit first degree murder or
30 second degree murder of any child in violation of the
31 Criminal Code of 1961; (4) a criminal conviction of
32 solicitation to commit murder of any child, solicitation
33 to commit murder of any child for hire, or solicitation
34 to commit second degree murder of any child in violation
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1 of the Criminal Code of 1961; or (5) a criminal
2 conviction of aggravated criminal sexual assault in
3 violation of Section 12-14(b)(1) of the Criminal Code of
4 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 (n) Evidence of intent to forego his or her
17 parental rights, whether or not the child is a ward of
18 the court, (1) as manifested by his or her failure for a
19 period of 12 months: (i) to visit the child, (ii) to
20 communicate with the child or agency, although able to do
21 so and not prevented from doing so by an agency or by
22 court order, or (iii) to maintain contact with or plan
23 for the future of the child, although physically able to
24 do so, or (2) as manifested by the father's failure,
25 where he and the mother of the child were unmarried to
26 each other at the time of the child's birth, (i) to
27 commence legal proceedings to establish his paternity
28 under the Illinois Parentage Act of 1984 or the law of
29 the jurisdiction of the child's birth within 30 days of
30 being informed, pursuant to Section 12a of this Act, that
31 he is the father or the likely father of the child or,
32 after being so informed where the child is not yet born,
33 within 30 days of the child's birth, or (ii) to make a
34 good faith effort to pay a reasonable amount of the
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1 expenses related to the birth of the child and to provide
2 a reasonable amount for the financial support of the
3 child, the court to consider in its determination all
4 relevant circumstances, including the financial condition
5 of both parents; provided that the ground for termination
6 provided in this subparagraph (n)(2)(ii) shall only be
7 available where the petition is brought by the mother or
8 the husband of the mother.
9 Contact or communication by a parent with his or her
10 child that does not demonstrate affection and concern
11 does not constitute reasonable contact and planning under
12 subdivision (n). In the absence of evidence to the
13 contrary, the ability to visit, communicate, maintain
14 contact, pay expenses and plan for the future shall be
15 presumed. The subjective intent of the parent, whether
16 expressed or otherwise, unsupported by evidence of the
17 foregoing parental acts manifesting that intent, shall
18 not preclude a determination that the parent has intended
19 to forego his or her parental rights. In making this
20 determination, the court may consider but shall not
21 require a showing of diligent efforts by an authorized
22 agency to encourage the parent to perform the acts
23 specified in subdivision (n).
24 It shall be an affirmative defense to any allegation
25 under paragraph (2) of this subsection that the father's
26 failure was due to circumstances beyond his control or to
27 impediments created by the mother or any other person
28 having legal custody. Proof of that fact need only be by
29 a preponderance of the evidence.
30 (o) Repeated or continuous failure by the parents,
31 although physically and financially able, to provide the
32 child with adequate food, clothing, or shelter.
33 (p) Inability to discharge parental
34 responsibilities supported by competent evidence from a
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1 psychiatrist, licensed clinical social worker, or
2 clinical psychologist of mental impairment, mental
3 illness or mental retardation as defined in Section 1-116
4 of the Mental Health and Developmental Disabilities Code,
5 or developmental disability as defined in Section 1-106
6 of that Code, and there is sufficient justification to
7 believe that the inability to discharge parental
8 responsibilities shall extend beyond a reasonable time
9 period. However, this subdivision (p) shall not be
10 construed so as to permit a licensed clinical social
11 worker to conduct any medical diagnosis to determine
12 mental illness or mental impairment.
13 (q) The parent has been criminally convicted of
14 aggravated battery, heinous battery, or attempted murder
15 of any child A finding of physical abuse of the child
16 under Section 4-8 of the Juvenile Court Act or Section
17 2-21 of the Juvenile Court Act of 1987 and a criminal
18 conviction of aggravated battery of the child.
19 (r) The child is in the temporary custody or
20 guardianship of the Department of Children and Family
21 Services, the parent is incarcerated as a result of
22 criminal conviction at the time the petition or motion
23 for termination of parental rights is filed, prior to
24 incarceration the parent had little or no contact with
25 the child or provided little or no support for the child,
26 and the parent's incarceration will prevent the parent
27 from discharging his or her parental responsibilities for
28 the child for a period in excess of 2 years after the
29 filing of the petition or motion for termination of
30 parental rights.
31 (s) The child is in the temporary custody or
32 guardianship of the Department of Children and Family
33 Services, the parent is incarcerated at the time the
34 petition or motion for termination of parental rights is
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1 filed, the parent has been repeatedly incarcerated as a
2 result of criminal convictions, and the parent's repeated
3 incarceration has prevented the parent from discharging
4 his or her parental responsibilities for the child.
5 (t) (r) A finding that at birth the child's blood,
6 or urine, or meconium contained any amount of a
7 controlled substance as defined in subsection (f) of
8 Section 102 of the Illinois Controlled Substances Act, or
9 a metabolite of a controlled substance, with the
10 exception of controlled substances or metabolites of such
11 substances, the presence of which in the newborn infant
12 was the result of medical treatment administered to the
13 mother or the newborn infant, and that the biological
14 mother of this child is the biological mother of at least
15 one other child who was adjudicated a neglected minor
16 under subsection (c) of Section 2-3 of the Juvenile Court
17 Act of 1987, after which the biological mother had the
18 opportunity to enroll in and participate in a clinically
19 appropriate substance abuse drug counseling, treatment,
20 and rehabilitation program.
21 E. "Parent" means the father or mother of a legitimate
22 or illegitimate child. For the purpose of this Act, a person
23 who has executed a final and irrevocable consent to adoption
24 or a final and irrevocable surrender for purposes of
25 adoption, or whose parental rights have been terminated by a
26 court, is not a parent of the child who was the subject of
27 the consent or surrender, unless the consent is void pursuant
28 to subsection O of Section 10.
29 F. A person is available for adoption when the person
30 is:
31 (a) a child who has been surrendered for adoption
32 to an agency and to whose adoption the agency has
33 thereafter consented;
34 (b) a child to whose adoption a person authorized
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1 by law, other than his parents, has consented, or to
2 whose adoption no consent is required pursuant to Section
3 8 of this Act;
4 (c) a child who is in the custody of persons who
5 intend to adopt him through placement made by his
6 parents;
7 (c-1) a child for whom a parent has signed a
8 specific consent pursuant to subsection O of Section 10;
9 or
10 (d) an adult who meets the conditions set forth in
11 Section 3 of this Act.
12 A person who would otherwise be available for adoption
13 shall not be deemed unavailable for adoption solely by reason
14 of his or her death.
15 G. The singular includes the plural and the plural
16 includes the singular and the "male" includes the "female",
17 as the context of this Act may require.
18 H. "Adoption disruption" occurs when an adoptive
19 placement does not prove successful and it becomes necessary
20 for the child to be removed from placement before the
21 adoption is finalized.
22 I. "Foreign placing agency" is an agency or individual
23 operating in a country or territory outside the United States
24 that is authorized by its country to place children for
25 adoption either directly with families in the United States
26 or through United States based international agencies.
27 J. "Immediate relatives" means the biological parents,
28 the parents of the biological parents and siblings of the
29 biological parents.
30 K. "Intercountry adoption" is a process by which a child
31 from a country other than the United States is adopted.
32 L. "Intercountry Adoption Coordinator" is a staff person
33 of the Department of Children and Family Services appointed
34 by the Director to coordinate the provision of services by
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1 the public and private sector to prospective parents of
2 foreign-born children.
3 M. "Interstate Compact on the Placement of Children" is
4 a law enacted by most states for the purpose of establishing
5 uniform procedures for handling the interstate placement of
6 children in foster homes, adoptive homes, or other child care
7 facilities.
8 N. "Non-Compact state" means a state that has not
9 enacted the Interstate Compact on the Placement of Children.
10 O. "Preadoption requirements" are any conditions
11 established by the laws or regulations of the Federal
12 Government or of each state that must be met prior to the
13 placement of a child in an adoptive home.
14 P. "Abused child" means a child whose parent or
15 immediate family member, or any person responsible for the
16 child's welfare, or any individual residing in the same home
17 as the child, or a paramour of the child's parent:
18 (a) inflicts, causes to be inflicted, or allows to
19 be inflicted upon the child physical injury, by other
20 than accidental means, that causes death, disfigurement,
21 impairment of physical or emotional health, or loss or
22 impairment of any bodily function;
23 (b) creates a substantial risk of physical injury
24 to the child by other than accidental means which would
25 be likely to cause death, disfigurement, impairment of
26 physical or emotional health, or loss or impairment of
27 any bodily function;
28 (c) commits or allows to be committed any sex
29 offense against the child, as sex offenses are defined in
30 the Criminal Code of 1961 and extending those definitions
31 of sex offenses to include children under 18 years of
32 age;
33 (d) commits or allows to be committed an act or
34 acts of torture upon the child; or
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1 (e) inflicts excessive corporal punishment.
2 Q. "Neglected child" means any child whose parent or
3 other person responsible for the child's welfare withholds or
4 denies nourishment or medically indicated treatment including
5 food or care denied solely on the basis of the present or
6 anticipated mental or physical impairment as determined by a
7 physician acting alone or in consultation with other
8 physicians or otherwise does not provide the proper or
9 necessary support, education as required by law, or medical
10 or other remedial care recognized under State law as
11 necessary for a child's well-being, or other care necessary
12 for his or her well-being, including adequate food, clothing
13 and shelter; or who is abandoned by his or her parents or
14 other person responsible for the child's welfare.
15 A child shall not be considered neglected or abused for
16 the sole reason that the child's parent or other person
17 responsible for his or her welfare depends upon spiritual
18 means through prayer alone for the treatment or cure of
19 disease or remedial care as provided under Section 4 of the
20 Abused and Neglected Child Reporting Act.
21 R. "Putative father" means a man who may be a child's
22 father, but who (1) is not married to the child's mother on
23 or before the date that the child was or is to be born and
24 (2) has not established paternity of the child in a court
25 proceeding before the filing of a petition for the adoption
26 of the child. The term includes a male who is less than 18
27 years of age. "Putative father" does not mean a man who is
28 the child's father as a result of criminal sexual abuse or
29 assault as defined under Article 12 of the Criminal Code of
30 1961.
31 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
32 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
33 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
34 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
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1 6-25-97; 90-443, eff. 8-16-97; revised 11-26-97.)
2 (750 ILCS 50/10) (from Ch. 40, par. 1512)
3 Sec. 10. Forms of consent and surrender; execution and
4 acknowledgment thereof.)
5 A. The form of consent required for the adoption of a
6 born child shall be substantially as follows:
7 FINAL AND IRREVOCABLE CONSENT TO ADOPTION
8 I, ...., (relationship, e.g., mother, father, relative,
9 guardian) of ...., a ..male child, state:
10 That such child was born on .... at ....
11 That I reside at ...., County of .... and State of ....
12 That I am of the age of .... years.
13 That I hereby enter my appearance in this proceeding and
14 waive service of summons on me.
15 That I do hereby consent and agree to the adoption of
16 such child.
17 That I wish to and understand that by signing this
18 consent I do irrevocably and permanently give up all custody
19 and other parental rights I have to such child.
20 That I understand such child will be placed for adoption
21 and that I cannot under any circumstances, after signing this
22 document, change my mind and revoke or cancel this consent or
23 obtain or recover custody or any other rights over such
24 child. That I have read and understand the above and I am
25 signing it as my free and voluntary act.
26 Dated this .... day of ...., 19....
27 If under Section 8 the consent of more than one person is
28 required, then each such person shall execute a separate
29 consent.
30 B. The form of consent required for the adoption of an
31 unborn child shall be substantially as follows:
32 CONSENT TO ADOPTION OF UNBORN CHILD
33 I, ...., state:
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1 That I am the father of a child expected to be born on or
2 about .... to .... (name of mother).
3 That I reside at .... County of ...., and State of .....
4 That I am of the age of .... years.
5 That I hereby enter my appearance in such adoption
6 proceeding and waive service of summons on me.
7 That I do hereby consent and agree to the adoption of
8 such child, and that I have not previously executed a consent
9 or surrender with respect to such child.
10 That I wish to and do understand that by signing this
11 consent I do irrevocably and permanently give up all custody
12 and other parental rights I have to such child, except that I
13 have the right to revoke this consent by giving written
14 notice of my revocation not later than 72 hours after the
15 birth of the child.
16 That I understand such child will be placed for adoption
17 and that, except as hereinabove provided, I cannot under any
18 circumstances, after signing this document, change my mind
19 and revoke or cancel this consent or obtain or recover
20 custody or any other rights over such child.
21 That I have read and understand the above and I am
22 signing it as my free and voluntary act.
23 Dated this .... day of ...., 19...
24 ........................
25 C. The form of surrender to any agency given by a parent
26 of a born child who is to be subsequently placed for adoption
27 shall be substantially as follows and shall contain such
28 other facts and statements as the particular agency shall
29 require.
30 FINAL AND IRREVOCABLE SURRENDER
31 FOR PURPOSES OF ADOPTION
32 I, .... (relationship, e.g., mother, father, relative,
33 guardian) of ...., a ..male child, state:
34 That such child was born on ...., at .....
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1 That I reside at ...., County of ...., and State of .....
2 That I am of the age of .... years.
3 That I do hereby surrender and entrust the entire custody
4 and control of such child to the .... (the "Agency"), a
5 (public) (licensed) child welfare agency with its principal
6 office in the City of ...., County of .... and State of ....,
7 for the purpose of enabling it to care for and supervise the
8 care of such child, to place such child for adoption and to
9 consent to the legal adoption of such child.
10 That I hereby grant to the Agency full power and
11 authority to place such child with any person or persons it
12 may in its sole discretion select to become the adopting
13 parent or parents and to consent to the legal adoption of
14 such child by such person or persons; and to take any and all
15 measures which, in the judgment of the Agency, may be for the
16 best interests of such child, including authorizing medical,
17 surgical and dental care and treatment including inoculation
18 and anaesthesia for such child.
19 That I wish to and understand that by signing this
20 surrender I do irrevocably and permanently give up all
21 custody and other parental rights I have to such child.
22 That I understand I cannot under any circumstances, after
23 signing this surrender, change my mind and revoke or cancel
24 this surrender or obtain or recover custody or any other
25 rights over such child.
26 That I have read and understand the above and I am
27 signing it as my free and voluntary act.
28 Dated this .... day of ...., 19...
29 ........................
30 D. The form of surrender to an agency given by a parent
31 of an unborn child who is to be subsequently placed for
32 adoption shall be substantially as follows and shall contain
33 such other facts and statements as the particular agency
34 shall require.
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1 SURRENDER OF UNBORN CHILD FOR
2 PURPOSES OF ADOPTION
3 I, .... (father), state:
4 That I am the father of a child expected to be born on or
5 about .... to .... (name of mother).
6 That I reside at ...., County of ...., and State of .....
7 That I am of the age of .... years.
8 That I do hereby surrender and entrust the entire custody
9 and control of such child to the .... (the "Agency"), a
10 (public) (licensed) child welfare agency with its principal
11 office in the City of ...., County of .... and State of
12 ...., for the purpose of enabling it to care for and
13 supervise the care of such child, to place such child for
14 adoption and to consent to the legal adoption of such child,
15 and that I have not previously executed a consent or
16 surrender with respect to such child.
17 That I hereby grant to the Agency full power and
18 authority to place such child with any person or persons it
19 may in its sole discretion select to become the adopting
20 parent or parents and to consent to the legal adoption of
21 such child by such person or persons; and to take any and all
22 measures which, in the judgment of the Agency, may be for the
23 best interests of such child, including authorizing medical,
24 surgical and dental care and treatment, including inoculation
25 and anaesthesia for such child.
26 That I wish to and understand that by signing this
27 surrender I do irrevocably and permanently give up all
28 custody and other parental rights I have to such child.
29 That I understand I cannot under any circumstances, after
30 signing this surrender, change my mind and revoke or cancel
31 this surrender or obtain or recover custody or any other
32 rights over such child, except that I have the right to
33 revoke this surrender by giving written notice of my
34 revocation not later than 72 hours after the birth of such
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1 child.
2 That I have read and understand the above and I am
3 signing it as my free and voluntary act.
4 Dated this .... day of ...., 19...
5 ........................
6 E. The form of consent required from the parents for the
7 adoption of an adult, when such adult elects to obtain such
8 consent, shall be substantially as follows:
9 CONSENT
10 I, ...., (father) (mother) of ...., an adult, state:
11 That I reside at ...., County of .... and State of .....
12 That I do hereby consent and agree to the adoption of
13 such adult by .... and .....
14 Dated this .... day of .......... 19
15 F. The form of consent required for the adoption of a
16 child of the age of 14 years or upwards, or of an adult, to
17 be given by such person, shall be substantially as follows:
18 CONSENT
19 I, ...., state:
20 That I reside at ...., County of .... and State of .....
21 That I am of the age of .... years. That I consent and
22 agree to my adoption by .... and .....
23 Dated this .... day of ......., 19...
24 ........................
25 G. The form of consent given by an agency to the
26 adoption by specified persons of a child previously
27 surrendered to it shall set forth that the agency has the
28 authority to execute such consent. The form of consent given
29 by a guardian of the person of a child sought to be adopted,
30 appointed by a court of competent jurisdiction, shall set
31 forth the facts of such appointment and the authority of the
32 guardian to execute such consent.
33 H. A consent (other than that given by an agency, or
34 guardian of the person of the child sought to be adopted
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1 appointed by a court of competent jurisdiction) shall be
2 acknowledged by a parent before the presiding judge of the
3 court in which the petition for adoption has been, or is to
4 be filed or before any other judge or hearing officer
5 designated or subsequently approved by the court, or the
6 circuit clerk if so authorized by the presiding judge or,
7 except as otherwise provided in this Act, before a
8 representative of the Department of Children and Family
9 Services or a licensed child welfare agency, or before social
10 service personnel under the jurisdiction of a court of
11 competent jurisdiction, or before social service personnel of
12 the Cook County Department of Supportive Services designated
13 by the presiding judge.
14 I. A surrender, or any other document equivalent to a
15 surrender, by which a child is surrendered to an agency shall
16 be acknowledged by the person signing such surrender, or
17 other document, before a judge or hearing officer or the
18 clerk of any court of record, either in this State or any
19 other state of the United States, or before a representative
20 of an agency or before any other person designated or
21 approved by the presiding judge of the court in which the
22 petition for adoption has been, or is to be, filed.
23 J. The form of the certificate of acknowledgment for a
24 consent, a surrender, or any other document equivalent to a
25 surrender, shall be substantially as follows:
26 STATE OF ....)
27 ) SS.
28 COUNTY OF ...)
29 I, .... (Name of judge or other person), .... (official
30 title, name and location of court or status or position of
31 other person), certify that ...., personally known to me to
32 be the same person whose name is subscribed to the foregoing
33 (consent) (surrender), appeared before me this day in person
34 and acknowledged that (she) (he) signed and delivered such
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1 (consent) (surrender) as (her) (his) free and voluntary act,
2 for the specified purpose.
3 I have fully explained that by signing such (consent)
4 (surrender) (she) (he) is irrevocably relinquishing all
5 parental rights to such child or adult and (she) (he) has
6 stated that such is (her) (his) intention and desire.
7 Dated 19
8 Signature
9 K. When the execution of a consent or a surrender is
10 acknowledged before someone other than a judge or the clerk
11 of a court of record, such other person shall have his
12 signature on the certificate acknowledged before a notary
13 public, in form substantially as follows:
14 STATE OF ....)
15 ) SS.
16 COUNTY OF ...)
17 I, a Notary Public, in and for the County of ......, in
18 the State of ......, certify that ...., personally known to
19 me to be the same person whose name is subscribed to the
20 foregoing certificate of acknowledgment, appeared before me
21 in person and acknowledged that (she) (he) signed such
22 certificate as (her) (his) free and voluntary act and that
23 the statements made in the certificate are true.
24 Dated ......... 19...
25 Signature ...................... Notary Public
26 (official seal)
27 There shall be attached a certificate of magistracy, or
28 other comparable proof of office of the notary public
29 satisfactory to the court, to a consent signed and
30 acknowledged in another state.
31 L. A surrender or consent executed and acknowledged
32 outside of this State, either in accordance with the law of
33 this State or in accordance with the law of the place where
34 executed, is valid.
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1 M. Where a consent or a surrender is signed in a foreign
2 country, the execution of such consent shall be acknowledged
3 or affirmed in a manner conformable to the law and procedure
4 of such country.
5 N. If the person signing a consent or surrender is in
6 the military service of the United States, the execution of
7 such consent or surrender may be acknowledged before a
8 commissioned officer and the signature of such officer on
9 such certificate shall be verified or acknowledged before a
10 notary public or by such other procedure as is then in effect
11 for such division or branch of the armed forces.
12 O. (1) The parent or parents of a child in whose
13 interests a petition under Section 2-13 of the Juvenile Court
14 Act of 1987 is pending may, with the approval of the
15 designated representative of the Department of Children and
16 Family Services, execute a consent to adoption by a specified
17 person or persons:
18 (a) in whose physical custody the child has resided
19 for at least one year; or
20 (b) in whose physical custody at least one sibling
21 of the child who is the subject of this consent has
22 resided for at least one year, and the child who is the
23 subject of this consent is currently residing in this
24 foster home; or
25 (c) in whose physical custody a child under one
26 year of age has resided for at least 3 months.
27 A consent under this subsection O shall be acknowledged by a
28 parent pursuant to subsection H and subsection K of this
29 Section.
30 (2) The consent to adoption by a specified person or
31 persons shall have the caption of the proceeding in which it
32 is to be filed and shall be substantially as follows:
33 FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
34 A SPECIFIED PERSON OR PERSONS
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1 I, ......................................, the
2 .................. (mother or father) of a ....male child,
3 state:
4 1. My child ............................ (name of
5 child) was born on (date) ............, ...... at
6 .................... Hospital in ................ County,
7 State of .............. .
8 2. I reside at ......................, County of
9 ............. and State of ............. .
10 3. I, ..........................., am .... years
11 old.
12 4. I enter my appearance in this action to adopt my
13 child by the person or persons specified herein by me and
14 waive service of summons on me in this action only.
15 5. I consent to the adoption of my child by
16 ............................. (specified person or
17 persons) only.
18 6. I wish to sign this consent and I understand
19 that by signing this consent I irrevocably and
20 permanently give up all parental rights I have to my
21 child if my child is adopted by
22 ............................. (specified person or
23 persons).
24 7. I understand my child will be adopted by
25 ............................. (specified person or
26 persons) only and that I cannot under any circumstances,
27 after signing this document, change my mind and revoke or
28 cancel this consent or obtain or recover custody or any
29 other rights over my child if
30 ............................ (specified person or
31 persons) adopt my child.
32 8. I understand that this consent to adoption is
33 valid only if the petition to adopt is filed within one
34 year from the date that I sign it and that if
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1 ....................... (specified person or persons),
2 for any reason, cannot or will not file a petition to
3 adopt my child within that one year period or if their
4 adoption petition is denied, then this consent will be
5 void. I have the right to notice of any other proceeding
6 that could affect my parental rights, except for the
7 proceeding for ............. (specified person or
8 persons) to adopt my child.
9 9. I have read and understand the above and I am
10 signing it as my free and voluntary act.
11 Dated this ..... day of ....., .......
12 .............................................
13 Signature of parent
14 (3) If the parent consents to an adoption by 2 specified
15 persons, then the form shall contain 2 additional paragraphs
16 in substantially the following form:
17 10. If ............... (specified persons) get a
18 divorce before the petition to adopt my child is granted,
19 then .......... (specified person) shall adopt my child.
20 I understand that I cannot change my mind and revoke this
21 consent or obtain or recover custody over my child if
22 ............. (specified persons) divorce and
23 ............. (specified person) adopts my child. I
24 understand that I cannot change my mind and revoke this
25 consent or obtain or recover custody over my child if
26 ................. (specified persons) divorce after the
27 adoption is final. I understand that this consent to
28 adoption has no effect on who will get custody of my
29 child if they divorce after the adoption is final.
30 11. I understand that if either ...............
31 (specified persons) dies before the petition to adopt my
32 child is granted, then the surviving person can adopt my
33 child. I understand that I cannot change my mind and
34 revoke this consent or obtain or recover custody over my
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1 child if the surviving person adopts my child.
2 A consent to adoption by specified persons on this form
3 shall have no effect on a court's determination of custody or
4 visitation under the Illinois Marriage and Dissolution of
5 Marriage Act if the marriage of the specified persons is
6 dissolved after the adoption is final.
7 (4) The form of the certificate of acknowledgement for a
8 Final and Irrevocable Consent for Adoption by a Specified
9 Person or Persons shall be substantially as follows:
10 STATE OF..............)
11 ) SS.
12 COUNTY OF.............)
13 I, .................... (Name of Judge or other person),
14 ..................... (official title, name, and address),
15 certify that ............., personally known to me to be the
16 same person whose name is subscribed to the foregoing Final
17 and Irrevocable Consent for Adoption by a Specified Person or
18 Persons, appeared before me this day in person and
19 acknowledged that (she)(he) signed and delivered the consent
20 as (her)(his) free and voluntary act, for the specified
21 purpose.
22 I have fully explained that this consent to adoption is
23 valid only if the petition to adopt is filed within one year
24 from the date that it is signed, and that if the specified
25 person or persons, for any reason, cannot or will not adopt
26 the child or if the adoption petition is denied, then this
27 consent will be void. I have fully explained that if the
28 specified person or persons adopt the child, by signing this
29 consent (she)(he) is irrevocably and permanently
30 relinquishing all parental rights to the child, and (she)(he)
31 has stated that such is (her)(his) intention and desire.
32 Dated ............., ........
33 ...............................
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1 Signature
2 (5) If a consent to adoption by a specified person or
3 persons is executed in this form, the following provisions
4 shall apply. The consent shall be valid only if that
5 specified person or persons adopt the child. The consent
6 shall be void if:
7 (a) the specified person or persons do not file a
8 petition to adopt the child within one year after the
9 consent is signed; or
10 (b) a court denies the adoption petition; or
11 (c) the Department of Children and Family Services
12 Guardianship Administrator determines that the specified
13 person or persons will not or cannot complete the
14 adoption, or in the best interests of the child should
15 not adopt the child.
16 Within 30 days of the consent becoming void, the
17 Department of Children and Family Services Guardianship
18 Administrator shall make good faith attempts to notify the
19 parent in writing and shall give written notice to the court
20 and all additional parties in writing that the adoption has
21 not occurred or will not occur and that the consent is void.
22 If the adoption by a specified person or persons does not
23 occur, no proceeding for termination of parental rights shall
24 be brought unless the biological parent who executed the
25 consent to adoption by a specified person or persons has been
26 notified of the proceeding pursuant to Section 7 of this Act
27 or subsection (4) of Section 2-13 of the Juvenile Court Act
28 of 1987. The parent shall not need to take further action to
29 revoke the consent if the specified adoption does not occur,
30 notwithstanding the provisions of Section 11 of this Act.
31 (6) The Department of Children and Family Services is
32 authorized to promulgate rules necessary to implement this
33 subsection O.
34 (7) The Department shall collect and maintain data
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1 concerning the efficacy of specific consents. This data
2 shall include the number of specific consents executed and
3 their outcomes, including but not limited to the number of
4 children adopted pursuant to the consents, the number of
5 children for whom adoptions are not completed, and the reason
6 or reasons why the adoptions are not completed.
7 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
8 P.A. 90-443); revised 12-18-97.)".