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| [ House Amendment 002 ] |
91_HB0645
LRB9103230SMdv
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 2-23.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 2-23 as follows:
7 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
8 Sec. 2-23. Kinds of dispositional orders.
9 (1) The following kinds of orders of disposition may be
10 made in respect of wards of the court:
11 (a) A minor under 18 years of age found to be
12 neglected or abused under Section 2-3 or dependent under
13 Section 2-4 may be (1) continued in the custody of his or
14 her parents, guardian or legal custodian; (2) placed in
15 accordance with Section 2-27; (3) restored to the custody
16 of the parent, parents, guardian, or legal custodian,
17 provided the court shall order the parent, parents,
18 guardian, or legal custodian to cooperate with the
19 Department of Children and Family Services and comply
20 with the terms of an after-care plan or risk the loss of
21 custody of the child and the possible termination of
22 their parental rights; or (4) ordered partially or
23 completely emancipated in accordance with the provisions
24 of the Emancipation of Mature Minors Act.
25 However, in any case in which a minor is found by
26 the court to be neglected or abused under Section 2-3 of
27 this Act, custody of the minor shall not be restored to
28 any parent, guardian or legal custodian whose acts or
29 omissions or both have been identified, pursuant to
30 subsection (1) of Section 2-21, as forming the basis for
31 the court's finding of abuse or neglect, until such time
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1 as a hearing is held on the issue of the best interests
2 of the minor and the fitness of such parent, guardian or
3 legal custodian to care for the minor without endangering
4 the minor's health or safety, and the court enters an
5 order that such parent, guardian or legal custodian is
6 fit to care for the minor.
7 (b) A minor under 18 years of age found to be
8 dependent under Section 2-4 may be (1) placed in
9 accordance with Section 2-27 or (2) ordered partially or
10 completely emancipated in accordance with the provisions
11 of the Emancipation of Mature Minors Act.
12 However, in any case in which a minor is found by
13 the court to be dependent under Section 2-4 of this Act,
14 custody of the minor shall not be restored to any parent,
15 guardian or legal custodian whose acts or omissions or
16 both have been identified, pursuant to subsection (1) of
17 Section 2-21, as forming the basis for the court's
18 finding of dependency, until such time as a hearing is
19 held on the issue of the fitness of such parent, guardian
20 or legal custodian to care for the minor without
21 endangering the minor's health or safety, and the court
22 enters an order that such parent, guardian or legal
23 custodian is fit to care for the minor.
24 (c) When the court awards guardianship to the
25 Department of Children and Family Services, the court
26 shall order the parents to cooperate with the Department
27 of Children and Family Services, comply with the terms of
28 the service plans, and correct the conditions that
29 require the child to be in care, or risk termination of
30 their parental rights.
31 (2) Any order of disposition may provide for protective
32 supervision under Section 2-24 and may include an order of
33 protection under Section 2-25.
34 Unless the order of disposition expressly so provides, it
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1 does not operate to close proceedings on the pending
2 petition, but is subject to modification, not inconsistent
3 with Section 2-28, until final closing and discharge of the
4 proceedings under Section 2-31.
5 (3) The court also shall enter any other orders
6 necessary to fulfill the service plan, including, but not
7 limited to, (i) orders requiring parties to cooperate with
8 services, (ii) restraining orders controlling the conduct of
9 any party likely to frustrate the achievement of the goal,
10 and (iii) visiting orders. Unless otherwise specifically
11 authorized by law, the court is not empowered under this
12 subsection (3) to order specific placements, specific
13 services, or specific service providers to be included in the
14 plan. If the court concludes that the Department of Children
15 and Family Services has abused its discretion in setting the
16 current service plan or permanency goal for the minor, the
17 court shall enter specific findings in writing based on the
18 evidence and shall enter an order for the Department to
19 develop and implement a new permanency goal and service plan
20 consistent with the court's findings. The new service plan
21 shall be filed with the court and served on all parties. The
22 court shall continue the matter until the new service plan is
23 filed.
24 (4) In addition to any other order of disposition, the
25 court may order any minor adjudicated neglected with respect
26 to his or her own injurious behavior to make restitution, in
27 monetary or non-monetary form, under the terms and conditions
28 of Section 5-5-6 of the Unified Code of Corrections, except
29 that the "presentence hearing" referred to therein shall be
30 the dispositional hearing for purposes of this Section. The
31 parent, guardian or legal custodian of the minor may pay some
32 or all of such restitution on the minor's behalf.
33 (5) Any order for disposition where the minor is
34 committed or placed in accordance with Section 2-27 shall
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1 provide for the parents or guardian of the estate of such
2 minor to pay to the legal custodian or guardian of the person
3 of the minor such sums as are determined by the custodian or
4 guardian of the person of the minor as necessary for the
5 minor's needs. Such payments may not exceed the maximum
6 amounts provided for by Section 9.1 of the Children and
7 Family Services Act.
8 (6) Whenever the order of disposition requires the minor
9 to attend school or participate in a program of training, the
10 truant officer or designated school official shall regularly
11 report to the court if the minor is a chronic or habitual
12 truant under Section 26-2a of the School Code.
13 (7) The court may terminate the parental rights of a
14 parent at the initial dispositional hearing if all of the
15 conditions in subsection (5) of Section 2-21 are met.
16 (8) In addition to any other order of disposition, the
17 court may order the Department of Children and Family
18 Services to advise the mother of a child or children placed
19 under Section 2-27 of all publicly funded or subsidized
20 contraceptive options available and where she may obtain such
21 devices, prescriptions, or implants. This information shall
22 be provided in writing as part of a client service plan which
23 may also include information or appropriate services aimed at
24 family preservation and family reunification.
25 (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95;
26 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98;
27 90-655, eff. 7-30-98.)