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91_HB0645ham002
LRB9103230SMmbam01
1 AMENDMENT TO HOUSE BILL 645
2 AMENDMENT NO. . Amend House Bill 645 by replacing
3 the title with the following:
4 "AN ACT to amend the Juvenile Court Act of 1987 by
5 changing Section 2-22."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Juvenile Court Act of 1987 is amended by
9 changing Section 2-22 as follows:
10 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
11 Sec. 2-22. Dispositional hearing; evidence; continuance.
12 (1) At the dispositional hearing, the court shall
13 determine whether it is in the best interests of the minor
14 and the public that he be made a ward of the court, and, if
15 he is to be made a ward of the court, the court shall
16 determine the proper disposition best serving the health,
17 safety and interests of the minor and the public. The court
18 also shall consider the permanency goal set for the minor,
19 the nature of the service plan for the minor and the services
20 delivered and to be delivered under the plan. All evidence
21 helpful in determining these questions, including oral and
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1 written reports, may be admitted and may be relied upon to
2 the extent of its probative value, even though not competent
3 for the purposes of the adjudicatory hearing.
4 (1.5) At the dispositional hearing, the Department of
5 Children and Family Services shall file an affidavit with the
6 court stating that the caseworker has advised the mother of a
7 child or children placed under Section 2-27 of local publicly
8 funded or subsidized contraceptive options generally
9 available and where she may obtain contraceptive devices,
10 prescriptions, or implants.
11 (2) Notice in compliance with Supreme Court Rule 11 must
12 be given to all parties-respondent prior to proceeding to a
13 dispositional hearing. Before making an order of disposition
14 the court shall advise the State's Attorney, the parents,
15 guardian, custodian or responsible relative or their counsel
16 of the factual contents and the conclusions of the reports
17 prepared for the use of the court and considered by it, and
18 afford fair opportunity, if requested, to controvert them.
19 The court may order, however, that the documents containing
20 such reports need not be submitted to inspection, or that
21 sources of confidential information need not be disclosed
22 except to the attorneys for the parties. Factual contents,
23 conclusions, documents and sources disclosed by the court
24 under this paragraph shall not be further disclosed without
25 the express approval of the court pursuant to an in camera
26 hearing.
27 (3) A record of a prior continuance under supervision
28 under Section 2-20, whether successfully completed with
29 regard to the child's health, safety and best interest, or
30 not, is admissible at the dispositional hearing.
31 (4) On its own motion or that of the State's Attorney, a
32 parent, guardian, custodian, responsible relative or counsel,
33 the court may adjourn the hearing for a reasonable period to
34 receive reports or other evidence, if the adjournment is
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1 consistent with the health, safety and best interests of the
2 minor, but in no event shall continuances be granted so that
3 the dispositional hearing occurs more than 6 months after the
4 initial removal of a minor from his or her home. In
5 scheduling investigations and hearings, the court shall give
6 priority to proceedings in which a minor has been removed
7 from his or her home before an order of disposition has been
8 made.
9 (5) Unless already set by the court, at the conclusion
10 of the dispositional hearing, the court shall set the date
11 for the first permanency hearing, to be conducted under
12 subsection (2) of Section 2-28, which shall be held: (a)
13 within 12 months from the date temporary custody was taken,
14 (b) if the parental rights of both parents have been
15 terminated in accordance with the procedure described in
16 subsection (5) of Section 2-21, within 30 days of the
17 termination of parental rights and appointment of a guardian
18 with power to consent to adoption, or (c) in accordance with
19 subsection (2) of Section 2-13.1.
20 (6) When the court declares a child to be a ward of the
21 court and awards guardianship to the Department of Children
22 and Family Services, (a) the court shall admonish the
23 parents, guardian, custodian or responsible relative that the
24 parents must cooperate with the Department of Children and
25 Family Services, comply with the terms of the service plans,
26 and correct the conditions which require the child to be in
27 care, or risk termination of their parental rights; and
28 (b) the court shall inquire of the parties of any intent to
29 proceed with termination of parental rights of a parent:
30 (A) whose identity still remains unknown;
31 (B) whose whereabouts remain unknown; or
32 (C) who was found in default at the adjudicatory
33 hearing and has not obtained an order setting aside the
34 default in accordance with Section 2-1301 of the Code of
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1 Civil Procedure.
2 (Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87,
3 eff. 9-1-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98.)".