Public Act 90-0028 of the 90th General Assembly
Public Act 90-0028
HB0165 Enrolled LRB9000741DJcd
AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 5.
Section 5-1. Short title. This Article may be cited as
the Interstate Compact on Adoption Act, and references in
this Article to "this Act" mean this Article.
Section 5-5. Findings. The legislature finds that:
(1) Finding adoptive families for children, for whom
state assistance is desirable pursuant to subsection (j) of
Section 5 of the Children and Family Services Act, and
ensuring the protection of the interest of the children
affected during the entire assistance period, require special
measures when the adoptive parents move to other states or
are residents of another state.
(2) Provision of medical and other necessary services
for children, with state assistance, encounters special
difficulties when the provision of services takes place in
other states.
Section 5-10. Purposes. The purposes of the Act are to:
(1) Authorize the Illinois Department of Children and
Family Services to enter into interstate agreements with
agencies of other states for the protection of children on
behalf of whom adoption assistance is being provided by the
Illinois Department of Children and Family Services.
(2) Provide procedures for interstate children's
adoption assistance payments, including medical payments.
Section 5-15. Definitions. As used in this Act, unless
the context clearly indicates otherwise:
"Adoption assistance state" means the state that is
signatory to an adoption assistance agreement in a particular
case.
"Residence state" means the state where the child is
living.
"State" means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the Commonwealth of the Northern Mariana
Islands, or a Territory or Possession of or administered by
the United States.
Section 5-20. Compacts authorized. The Illinois
Department of Children and Family Services is authorized to
develop, participate in the development of, negotiate, and
enter into one or more interstate compacts on behalf of this
State with other states to implement one or more of the
purposes set forth in this Act. When so entered into, and
for so long as it shall remain in force, such a compact shall
have the force and effect of law.
Section 5-25. Contents of compacts. A compact entered
into pursuant to the authority conferred by this Act shall
contain the following:
(1) A provision making it available for joinder by
all states.
(2) A provision or provisions for withdrawal from
the compact upon written notice to the parties, but with
a period of one year between the date of the notice and
the effective date of the withdrawal.
(3) A requirement that the protections afforded by
or pursuant to the compact continue in force for the
duration of the adoption assistance and be applicable to
all children and their adoptive parents who on the
effective date of the withdrawal are receiving adoption
assistance from a party state other than the one in which
they are resident and have their principal place of
abode.
(4) A requirement that each instance of adoption
assistance to which the compact applies be covered by an
adoption assistance agreement in writing between the
adoptive parents and the state child welfare agency of
the state that undertakes to provide the adoption
assistance, and further, that any such agreement be
expressly for the benefit of the adopted child and
enforceable by the adoptive parents and the state agency
providing the adoption assistance.
(5) Other provisions that may be appropriate to
implement the proper administration of the compact.
Section 5-30. Optional contents of compacts. A compact
entered into pursuant to the authority conferred by this Act
may contain provisions in addition to those required pursuant
to Section 5-25 of this Act, as follows:
(1) Provisions establishing procedures for and
entitlement to medical and other necessary social
services for the child in accordance with applicable
laws, even though the child and the adoptive parents are
in a state other than the one responsible for or
providing the services or the funds to defray part or all
of the costs of the services.
(2) Other provisions that may be appropriate or
incidental to the proper administration of the compact.
Section 5-35. Medical assistance.
(a) A child with special needs who resides in this State
and who is the subject of an adoption assistance agreement
with another state shall be eligible for medical assistance
from this State under Article V of the Illinois Public Aid
Code upon the filing of agreed documentation obtained from
the assistance state and filed with the Illinois Department
of Public Aid. The Department of Children and Family Services
shall be required at least annually to establish that the
agreement is still in force or has been renewed.
(b) If a child (i) is in another state, (ii) is covered
by an adoption assistance agreement made by the Illinois
Department of Children and Family Services, and (iii) was
eligible for medical assistance under Article V of the
Illinois Public Aid Code at the time he or she resided in
this State and would continue to be eligible for that
assistance if he or she was currently residing in this State,
then that child is eligible for medical assistance under
Article V of the Illinois Public Aid Code, but only for those
medical assistance benefits under Article V that are not
provided by the other state. There shall be no payment or
reimbursement by this State for services or benefits covered
under any insurance or other third party medical contract or
arrangement held by the child or the adoptive parents.
(c) The submission of any claim for payment or
reimbursement for services or benefits pursuant to this
Section or the making of any statement in connection
therewith, which claim or statement the maker knows or should
know to be false, misleading, or fraudulent, shall be
punishable as perjury and shall also be subject to a fine not
to exceed $10,000 or imprisonment for not to exceed 2 years,
or both.
(d) The provisions of this Section shall apply only to
medical assistance for children under adoption assistance
agreements from states that have entered into a compact with
this State under which the other state provided medical
assistance to children with special needs under adoption
assistance agreements made by this State.
(e) The Illinois Department of Children and Family
Services and the Illinois Department of Public Aid may adopt
all rules necessary to implement this Section.
Section 5-40. Federal participation. Consistent with
federal law, the Illinois Department of Children and Family
Services and the Illinois Department of Public Aid or the
Illinois Department of Human Services, as the successor
agency of the Illinois Department of Public Aid, in
connection with the administration of this Act and any
compact entered into pursuant to this Act, shall include in
any state plan made pursuant to the Adoption Assistance and
Child Welfare Act of 1980 (P.L. 96-272), Titles IV (e) and
XIX of the Social Security Act, and any other applicable
federal laws the provision of adoption assistance and medical
assistance for which the federal government pays some or all
of the cost. The Department of Children and Family Services
and the Illinois Department of Public Aid or the Department
of Human Services, as the successor agency of the Illinois
Department of Public Aid, shall apply for and administer all
relevant federal aid in accordance with law.
ARTICLE 10
Section 10-5. The Children and Family Services Act is
amended by changing Sections 5, 6a, 7, and 7.7 as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
(Text of Section before amendment by P.A. 89-507)
Sec. 5. To provide direct child welfare services when
not available through other public or private child care or
program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also
includes persons under age 19 who:
(A) were committed to the Department pursuant
to the Juvenile Court Act or the Juvenile Court Act
of 1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and
training by the Department prior to the age of 18
and whose best interest in the discretion of the
Department would be served by continuing that care,
service and training because of severe emotional
disturbances, physical disability, social adjustment
or any combination thereof, or because of the need
to complete an educational or vocational training
program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the welfare of
children, including homeless, dependent or neglected
children;
(B) preventing or remedying, or assisting in
the solution of problems which may result in, the
neglect, abuse, exploitation or delinquency of
children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable
and possible;
(D) restoring to their families children who
have been removed, by the provision of services to
the child and the families;
(E) placing children in suitable adoptive
homes, in cases where restoration to the biological
family is not possible or appropriate;
(F) assuring adequate care of children away
from their homes, in cases where the child cannot be
returned home or cannot be placed for adoption;
(G) providing supportive services and living
maintenance which contribute to the physical,
emotional and social well-being of children who are
pregnant and unmarried;
(H) providing shelter and independent living
services for homeless youth; and
(I) placing and maintaining children in
facilities that provide separate living quarters for
children under the age of 18 and for children 18
years of age and older, unless a child 18 years of
age is in the last year of high school education or
vocational training, in an approved individual or
group treatment program, or in a licensed shelter
facility. The Department is not required to place or
maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting,
or
(iv) who are siblings,
in facilities that provide separate living quarters
for children 18 years of age and older and for
children under 18 years of age.
(b) Nothing in this Section shall be construed to
authorize the expenditure of public funds for the purpose of
performing abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement,
the contractor must post a surety bond in the amount of the
advance disbursement and have a purchase of service contract
approved by the Department. The Department may pay up to 2
months operational expenses in advance. The amount of the
advance disbursement shall be prorated over the life of the
contract or the remaining months of the fiscal year,
whichever is less, and the installment amount shall then be
deducted from future bills. Advance disbursement
authorizations for new initiatives shall not be made to any
agency after that agency has operated during 2 consecutive
fiscal years. The requirements of this Section concerning
advance disbursements shall not apply with respect to the
following: payments to local public agencies for child day
care services as authorized by Section 5a of this Act; and
youth service programs receiving grant funds under Section
17a-4.
(e) For the purpose of insuring effective state-wide
planning, development, and utilization of resources for the
day care of children, operated under various auspices, the
Department is hereby designated to coordinate all day care
activities for children of the State and shall:
(1) Develop on or before December 1, 1977, and
update every year thereafter, a state comprehensive
day-care plan for submission to the Governor which
identifies high-priority areas and groups, relating them
to available resources, and identifying the most
effective approaches to the use of existing day care
services. The State comprehensive day-care plan shall be
made available to the General Assembly following the
Governor's approval of the plan.
The plan shall include methods and procedures for
the development of additional day care resources for
children to meet the goal of reducing short-run and
long-run dependency and to provide necessary enrichment
and stimulation to the education of young children.
Recommendation shall be made for State policy on optimum
use of private and public, local, state and federal
resources, including an estimate of the resources needed
for the licensing and regulation of day care facilities.
A written report shall be submitted to the Governor
and the General Assembly, annually, on April 15, and
shall include an evaluation of developments over the
preceding fiscal year, including cost-benefit analyses of
various arrangements. Beginning with the report in 1990
and every 2 years thereafter, the report shall also
include the following:
(A) An assessment of the child care services,
needs and available resources throughout the State
and an assessment of the adequacy of existing child
care services, including, but not limited to,
services assisted under this Act and under any other
program administered by other State agencies.
(B) A survey of day care facilities to
determine the number of qualified caregivers, as
defined by rule, attracted to vacant positions and
any problems encountered by facilities in attracting
and retaining capable caregivers.
(C) The average wages and salaries and fringe
benefit packages paid to caregivers throughout the
State, computed on a regional basis.
(D) The qualifications of new caregivers hired
at licensed day care facilities during the previous
2 year period.
(E) Recommendations for increasing caregiver
wages and salaries to insure quality care for
children.
(F) Evaluation of the fee structure and income
eligibility for child care subsidized by the State.
The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the
report with the Speaker, the Minority Leader and the
Clerk of the House of Representatives and the President,
the Minority Leader and the Secretary of the Senate and
the Legislative Research Unit, as required by Section 3.1
of the General Assembly Organization Act, and filing such
additional copies with the State Government Report
Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State
Library Act.
(2) Establish policies and procedures for
developing and implementing interagency agreements with
other agencies of the State providing child care services
or reimbursement for such services.
(3) In cooperation with other State agencies,
develop and implement a resource and referral system for
the State of Illinois either within the Department or by
contract with local or regional agencies. Funding for
implementation of this system may be provided through
Department appropriations or other inter-agency funding
arrangements. The resource and referral system shall
provide at least the following services:
(A) assembling and maintaining a data base on
the supply of child care services;
(B) providing information and referrals for
parents;
(C) coordinating the development of new child
care resources;
(D) providing technical assistance and
training to child care service providers; and
(E) recording and analyzing the demand for
child care services.
The Department shall complete implementation of this
resource and referral system in all regions of the State
by January 1, 1992.
(4) Conduct day care planning activities with the
following priorities:
(A) development of voluntary day care
resources wherever possible, with the provision for
grants-in-aid only where demonstrated to be useful
and necessary as incentives or supports;
(B) emphasis on service to children of
recipients of public assistance where such service
will allow training or employment of the parent
toward achieving the goal of independence;
(C) maximum employment of recipients of public
assistance in day care centers and day care homes,
operated in conjunction with short-term work
training programs;
(D) care of children from families in stress
and crises whose members potentially may become, or
are in danger of becoming, non-productive and
dependent;
(E) expansion of family day care facilities
wherever possible;
(F) location of centers in economically
depressed neighborhoods, preferably in multi-service
centers with cooperation of other agencies;
(G) use of existing facilities free of charge
or for reasonable rental wherever possible in lieu
of construction;
(H) development of strategies for assuring a
more complete range of day care options, including
provision of day care services in homes, in schools
or in centers, which will enable a parent or parents
to complete a course of education or obtain or
maintain employment.
Emphasis shall be given to support services which
will help to ensure such parents' graduation from high
school and to services for participants in the Project
Chance program of job training conducted by the Illinois
Department of Public Aid.
(5) Actively stimulate the development of public
and private resources at the local level. It shall also
seek the fullest utilization of federal funds directly or
indirectly available to the Department.
Where appropriate, existing non-governmental agencies or
associations shall be involved in planning by the Department.
(f) The Department, pursuant to a contract with the
Illinois Department of Public Aid, may provide child care
services to former recipients of assistance under The
Illinois Public Aid Code as authorized by Section 9-6.3 of
that Code.
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child protection, family preservation, family
reunification, adoption and youth development, including but
not limited to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) service to unwed mothers;
(6) homemaker service;
(7) return of runaway children;
(8) independent living skills and shelter for
homeless youth;
(9) placement under Section 5-7 of the Juvenile
Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
Juvenile Court Act of 1987 in accordance with the federal
Adoption Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the
staff of Department grantees, through contracts with other
agencies or resources, in alcohol and drug abuse screening
techniques to identify children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a ward and that no licensed private facility has an adequate
and appropriate program or none agrees to accept the ward,
the Department shall create an appropriate individualized,
program-oriented plan for such ward. The plan may be
developed within the Department or through purchase of
services by the Department to the extent that it is within
its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of
the services it makes available to children or families or
for which it refers children or families.
(j) The Department may provide financial assistance, and
shall establish rules and regulations concerning such
assistance, to persons who adopt physically or mentally
handicapped, older and other hard-to-place children who
immediately prior to their adoption were legal wards of the
Department. The Department may also provide financial
assistance, and shall establish rules and regulations for
such assistance, to persons appointed guardian of the person
under Section 5-7 of the Juvenile Court Act or Section 2-27,
3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
children who were wards of the Department for 12 months
immediately prior to the appointment of the successor
guardian and for whom the Department has set a goal of
permanent family placement with a foster family.
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, but must be at
least $25 less than the monthly cost of care of the child in
a foster home, as set forth in the annual assistance
agreement. Special purpose grants are allowed where the
child requires special service but such costs may not exceed
the amounts which similar services would cost the Department
if it were to provide or secure them as guardian of the
child.
Any financial assistance provided under this subsection
is inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection
of a judgment or debt.
(k) The Department shall accept for care and training
any child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
(l) Before July 1, 2000, the Department may provide, and
beginning July 1, 2000, the Department shall provide, family
preservation services, as determined to be appropriate and in
the child's best interests and when the child will not be in
imminent risk of harm, to any family whose child has been
placed in substitute care, any persons who have adopted a
child and require post-adoption services, or any persons
whose child or children are at risk of being placed outside
their home as documented by an "indicated" report of
suspected child abuse or neglect determined pursuant to the
Abused and Neglected Child Reporting Act. Nothing in this
paragraph shall be construed to create a private right of
action or claim on the part of any individual or child
welfare agency.
The Department shall notify the child and his family of
the Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon
as the report is determined to be "indicated". The
Department may offer services to any child or family with
respect to whom a report of suspected child abuse or neglect
has been filed, prior to concluding its investigation under
Section 7.12 of the Abused and Neglected Child Reporting Act.
However, the child's or family's willingness to accept
services shall not be considered in the investigation. The
Department may also provide services to any child or family
who is the subject of any report of suspected child abuse or
neglect or may refer such child or family to services
available from other agencies in the community, even if the
report is determined to be unfounded, if the conditions in
the child's or family's home are reasonably likely to subject
the child or family to future reports of suspected child
abuse or neglect. Acceptance of such services shall be
voluntary.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated
addicted, as a truant minor in need of supervision or as a
minor requiring authoritative intervention, under the
Juvenile Court Act or the Juvenile Court Act of 1987, but no
such child shall be committed to the Department by any court
without the approval of the Department. A minor charged with
a criminal offense under the Criminal Code of 1961 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except a minor
less than 13 years of age committed to the Department under
Section 5-23 of the Juvenile Court Act of 1987.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or
by the parent having custody of the child if the parents
are not living together or by the guardian or custodian
of the child if the child is not in the custody of either
parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
If the child is found in his or her residence without a
parent, guardian, custodian or responsible caretaker, the
Department may, instead of removing the child and assuming
temporary custody, place an authorized representative of the
Department in that residence until such time as a parent,
guardian or custodian enters the home and expresses a
willingness and apparent ability to resume permanent charge
of the child, or until a relative enters the home and is
willing and able to assume charge of the child until a
parent, guardian or custodian enters the home and expresses
such willingness and ability to resume permanent charge.
After a caretaker has remained in the home for a period not
to exceed 12 hours, the Department must follow those
procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile
Court Act of 1987. Whenever a child is taken into temporary
custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited custody, the Department, during the period of
temporary custody and before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
of the Juvenile Court Act of 1987, shall have the authority,
responsibilities and duties that a legal custodian of the
child would have under subsection (9) of Section 1-3 of the
Juvenile Court Act of 1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian or custodian of a child in the
temporary custody of the Department who would have custody of
the child if he were not in the temporary custody of the
Department may deliver to the Department a signed request
that the Department surrender the temporary custody of the
child. The Department may retain temporary custody of the
child for 10 days after the receipt of the request, during
which period the Department may cause to be filed a petition
pursuant to the Juvenile Court Act of 1987. If a petition is
so filed, the Department shall retain temporary custody of
the child until the court orders otherwise. If a petition is
not filed within the 10 day period, the child shall be
surrendered to the custody of the requesting parent, guardian
or custodian not later than the expiration of the 10 day
period, at which time the authority and duties of the
Department with respect to the temporary custody of the child
shall terminate.
(n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful or unavailable and such
placement would be for their best interest. Payment for
board, clothing, care, training and supervision of any child
placed in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care
facility for board, clothing, care, training and supervision
of such a child that exceed the average per capita cost of
maintaining and of caring for a child in institutions for
dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized care and treatment for
problems of severe emotional disturbance, physical
disability, social adjustment, or any combination thereof and
suitable facilities for the placement of such children are
not available at payment rates within the limitations set
forth in this Section. All reimbursements for services
delivered shall be absolutely inalienable by assignment,
sale, attachment, garnishment or otherwise.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the
Department. Children who are wards of the Department and are
placed by private child welfare agencies, and foster families
with whom those children are placed, shall be afforded the
same procedural and appeal rights as children and families in
the case of placement by the Department, including the right
to an initial review of a private agency decision by that
agency. The Department shall insure that any private child
welfare agency, which accepts wards of the Department for
placement, affords those rights to children and foster
families. The Department shall accept for administrative
review and an appeal hearing a complaint made by a child or
foster family concerning a decision following an initial
review by a private child welfare agency. An appeal of a
decision concerning a change in the placement of a child
shall be conducted in an expedited manner.
(p) There is hereby created the Department of Children
and Family Services Emergency Assistance Fund from which the
Department may provide special financial assistance to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been separated
due to child abuse and neglect. The Department shall
establish administrative rules specifying the criteria for
determining eligibility for and the amount and nature of
assistance to be provided. The Department may also enter
into written agreements with private and public social
service agencies to provide emergency financial services to
families referred by the Department. Special financial
assistance payments shall be available to a family no more
than once during each fiscal year and the total payments to a
family may not exceed $500 during a fiscal year.
(q) The Department may receive and use, in their
entirety, for the benefit of children any gift, donation or
bequest of money or other property which is received on
behalf of such children, or any financial benefits to which
such children are or may become entitled while under the
jurisdiction or care of the Department.
The Department shall set up and administer no-cost,
interest-bearing savings accounts in appropriate financial
institutions ("individual accounts") for children for whom
the Department is legally responsible and who have been
determined eligible for Veterans' Benefits, Social Security
benefits, assistance allotments from the armed forces, court
ordered payments, parental voluntary payments, Supplemental
Security Income, Railroad Retirement payments, Black Lung
benefits, or other miscellaneous payments. Interest earned
by each individual account shall be credited to the account,
unless disbursed in accordance with this subsection.
In disbursing funds from children's individual accounts,
the Department shall:
(1) Establish standards in accordance with State
and federal laws for disbursing money from children's
individual accounts. In all circumstances, the
Department's "Guardianship Administrator" or his or her
designee must approve disbursements from children's
individual accounts. The Department shall be responsible
for keeping complete records of all disbursements for
each individual account for any purpose.
(2) Calculate on a monthly basis the amounts paid
from State funds for the child's board and care, medical
care not covered under Medicaid, and social services; and
utilize funds from the child's individual account, as
covered by regulation, to reimburse those costs.
Monthly, disbursements from all children's individual
accounts, up to 1/12 of $13,000,000, shall be deposited
by the Department into the General Revenue Fund and the
balance over 1/12 of $13,000,000 into the DCFS Children's
Services Fund.
(3) Maintain any balance remaining after
reimbursing for the child's costs of care, as specified
in item (2). The balance shall accumulate in accordance
with relevant State and federal laws and shall be
disbursed to the child or his or her guardian, or to the
issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to
the Department or its agent names and addresses of all
persons who have applied for and have been approved for
adoption of a hard-to-place or handicapped child and the
names of such children who have not been placed for adoption.
A list of such names and addresses shall be maintained by the
Department or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and
of the child shall be made available, without charge, to
every adoption agency in the State to assist the agencies in
placing such children for adoption. The Department may
delegate to an agent its duty to maintain and make available
such lists. The Department shall ensure that such agent
maintains the confidentiality of the person seeking to adopt
the child and of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious
or negligent acts of foster children, as well as providing
third party coverage for such foster parents with regard to
actions of foster children to other individuals. Such
coverage will be secondary to the foster parent liability
insurance policy, if applicable. The program shall be funded
through appropriations from the General Revenue Fund,
specifically designated for such purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court
specifically directs the Department to perform such
services; and
(2) the court has ordered one or both of the
parties to the proceeding to reimburse the Department for
its reasonable costs for providing such services in
accordance with Department rules, or has determined that
neither party is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court
order. The Department shall send to the court information
related to the costs incurred except in cases where the court
has determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
(u) Whenever the Department places a child in a licensed
foster home, group home, child care institution, or in a
relative home, the Department shall provide to the caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical
card information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the
child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to, fire
setting, perpetuation of sexual abuse, destructive behavior,
and substance abuse) necessary to care for and safeguard the
child.
(u-5) Effective July 1, 1995, only foster care
placements licensed as foster family homes pursuant to the
Child Care Act of 1969 shall be eligible to receive foster
care payments from the Department. Relative caregivers who,
as of July 1, 1995, were approved pursuant to approved
relative placement rules previously promulgated by the
Department at 89 Ill. Adm. Code 335 and had submitted an
application for licensure as a foster family home may
continue to receive foster care payments only until the
Department determines that they may be licensed as a foster
family home or that their application for licensure is denied
or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the
adjudicatory and dispositional record system as defined in
subdivision (A)19 of Section 55a of the Civil Administrative
Code of Illinois if the Department determines the information
is necessary to perform its duties under the Abused and
Neglected Child Reporting Act, the Child Care Act of 1969,
and the Children and Family Services Act. The Department
shall provide for interactive computerized communication and
processing equipment that permits direct on-line
communication with the Department of State Police's central
criminal history data repository. The Department shall
comply with all certification requirements and provide
certified operators who have been trained by personnel from
the Department of State Police. In addition, one Office of
the Inspector General investigator shall have training in the
use of the criminal history information access system and
have access to the terminal. The Department of Children and
Family Services and its employees shall abide by rules and
regulations established by the Department of State Police
relating to the access and dissemination of this information.
(w) Within 120 days of August 20, 1995 (the effective
date of Public Act 89-392), the Department shall prepare and
submit to the Governor and the General Assembly, a written
plan for the development of in-state licensed secure child
care facilities that care for children who are in need of
secure living arrangements for their health, safety, and
well-being. For purposes of this subsection, secure care
facility shall mean a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building or a distinct part of the building, are under the
exclusive control of the staff of the facility, whether or
not the child has the freedom of movement within the
perimeter of the facility, building, or distinct part of the
building. The plan shall include descriptions of the types
of facilities that are needed in Illinois; the cost of
developing these secure care facilities; the estimated number
of placements; the potential cost savings resulting from the
movement of children currently out-of-state who are projected
to be returned to Illinois; the necessary geographic
distribution of these facilities in Illinois; and a proposed
timetable for development of such facilities.
(Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
8-20-95; 89-626, eff. 8-9-96.)
(Text of Section after amendment by P.A. 89-507)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also
includes persons under age 19 who:
(A) were committed to the Department pursuant
to the Juvenile Court Act or the Juvenile Court Act
of 1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and
training by the Department prior to the age of 18
and whose best interest in the discretion of the
Department would be served by continuing that care,
service and training because of severe emotional
disturbances, physical disability, social adjustment
or any combination thereof, or because of the need
to complete an educational or vocational training
program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health,
safety and welfare of children, including homeless,
dependent or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable
and possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who
have been removed, by the provision of services to
the child and the families when the child can be
cared for at home without endangering the child's
health and safety;
(E) placing children in suitable adoptive
homes, in cases where restoration to the biological
family is not safe, possible or appropriate;
(F) assuring safe and adequate care of
children away from their homes, in cases where the
child cannot be returned home or cannot be placed
for adoption. At the time of placement, the
Department shall consider concurrent planning, as
described in subsection (l-1) of this Section so
that permanency may occur at the earliest
opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement
made is the best available placement to provide
permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in
facilities that provide separate living quarters for
children under the age of 18 and for children 18
years of age and older, unless a child 18 years of
age is in the last year of high school education or
vocational training, in an approved individual or
group treatment program, or in a licensed shelter
facility. The Department is not required to place or
maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting,
or
(iv) who are siblings,
in facilities that provide separate living quarters
for children 18 years of age and older and for
children under 18 years of age.
(b) Nothing in this Section shall be construed to
authorize the expenditure of public funds for the purpose of
performing abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement,
the contractor must post a surety bond in the amount of the
advance disbursement and have a purchase of service contract
approved by the Department. The Department may pay up to 2
months operational expenses in advance. The amount of the
advance disbursement shall be prorated over the life of the
contract or the remaining months of the fiscal year,
whichever is less, and the installment amount shall then be
deducted from future bills. Advance disbursement
authorizations for new initiatives shall not be made to any
agency after that agency has operated during 2 consecutive
fiscal years. The requirements of this Section concerning
advance disbursements shall not apply with respect to the
following: payments to local public agencies for child day
care services as authorized by Section 5a of this Act; and
youth service programs receiving grant funds under Section
17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation,
family reunification, and adoption, including but not limited
to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile
Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
Juvenile Court Act of 1987 in accordance with the federal
Adoption Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the
staff of Department grantees, through contracts with other
agencies or resources, in alcohol and drug abuse screening
techniques to identify children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a ward and that no licensed private facility has an adequate
and appropriate program or none agrees to accept the ward,
the Department shall create an appropriate individualized,
program-oriented plan for such ward. The plan may be
developed within the Department or through purchase of
services by the Department to the extent that it is within
its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of
the services it makes available to children or families or
for which it refers children or families.
(j) The Department may provide financial assistance, and
shall establish rules and regulations concerning such
assistance, to persons who adopt physically or mentally
handicapped, older and other hard-to-place children who
immediately prior to their adoption were legal wards of the
Department. The Department may also provide financial
assistance, and shall establish rules and regulations for
such assistance, to persons appointed guardian of the person
under Section 5-7 of the Juvenile Court Act or Section 2-27,
3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
children who were wards of the Department for 12 months
immediately prior to the appointment of the successor
guardian and for whom the Department has set a goal of
permanent family placement with a foster family.
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, but must be at
least $25 less than the monthly cost of care of the child in
a foster home, as set forth in the annual assistance
agreement. Special purpose grants are allowed where the
child requires special service but such costs may not exceed
the amounts which similar services would cost the Department
if it were to provide or secure them as guardian of the
child.
Any financial assistance provided under this subsection
is inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection
of a judgment or debt.
(k) The Department shall accept for care and training
any child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
(l) Before July 1, 2000, the Department may provide, and
beginning July 1, 2000, the Department shall provide, family
preservation services, as determined to be appropriate and in
the child's best interests and when the child will be safe
and not be in imminent risk of harm, to any family whose
child has been placed in substitute care, any persons who
have adopted a child and require post-adoption services, or
any persons whose child or children are at risk of being
placed outside their home as documented by an "indicated"
report of suspected child abuse or neglect determined
pursuant to the Abused and Neglected Child Reporting Act.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any
individual or child welfare agency.
The Department shall notify the child and his family of
the Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon
as the report is determined to be "indicated". The
Department may offer services to any child or family with
respect to whom a report of suspected child abuse or neglect
has been filed, prior to concluding its investigation under
Section 7.12 of the Abused and Neglected Child Reporting Act.
However, the child's or family's willingness to accept
services shall not be considered in the investigation. The
Department may also provide services to any child or family
who is the subject of any report of suspected child abuse or
neglect or may refer such child or family to services
available from other agencies in the community, even if the
report is determined to be unfounded, if the conditions in
the child's or family's home are reasonably likely to subject
the child or family to future reports of suspected child
abuse or neglect. Acceptance of such services shall be
voluntary.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated
addicted, as a truant minor in need of supervision or as a
minor requiring authoritative intervention, under the
Juvenile Court Act or the Juvenile Court Act of 1987, but no
such child shall be committed to the Department by any court
without the approval of the Department. A minor charged with
a criminal offense under the Criminal Code of 1961 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except a minor
less than 13 years of age committed to the Department under
Section 5-23 of the Juvenile Court Act of 1987.
(l-1) The legislature recognizes that the best interests
of the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home
of the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made
to prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs or must request a finding from the court that
reasonable efforts are not appropriate or have been
unsuccessful.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration
should also be given so that if reunification fails or is
delayed, the placement made is the best available placement
to provide permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed
by the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with
the family to reunite;
(6) the willingness and ability of the foster
family to provide an adoptive home or long-term
placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or
by the parent having custody of the child if the parents
are not living together or by the guardian or custodian
of the child if the child is not in the custody of either
parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
If the child is found in his or her residence without a
parent, guardian, custodian or responsible caretaker, the
Department may, instead of removing the child and assuming
temporary custody, place an authorized representative of the
Department in that residence until such time as a parent,
guardian or custodian enters the home and expresses a
willingness and apparent ability to ensure the child's health
and safety and resume permanent charge of the child, or until
a relative enters the home and is willing and able to ensure
the child's health and safety and assume charge of the child
until a parent, guardian or custodian enters the home and
expresses such willingness and ability to ensure the child's
safety and resume permanent charge. After a caretaker has
remained in the home for a period not to exceed 12 hours, the
Department must follow those procedures outlined in Section
2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile
Court Act of 1987. Whenever a child is taken into temporary
custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited custody, the Department, during the period of
temporary custody and before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
of the Juvenile Court Act of 1987, shall have the authority,
responsibilities and duties that a legal custodian of the
child would have under subsection (9) of Section 1-3 of the
Juvenile Court Act of 1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian or custodian of a child in the
temporary custody of the Department who would have custody of
the child if he were not in the temporary custody of the
Department may deliver to the Department a signed request
that the Department surrender the temporary custody of the
child. The Department may retain temporary custody of the
child for 10 days after the receipt of the request, during
which period the Department may cause to be filed a petition
pursuant to the Juvenile Court Act of 1987. If a petition is
so filed, the Department shall retain temporary custody of
the child until the court orders otherwise. If a petition is
not filed within the 10 day period, the child shall be
surrendered to the custody of the requesting parent, guardian
or custodian not later than the expiration of the 10 day
period, at which time the authority and duties of the
Department with respect to the temporary custody of the child
shall terminate.
(n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful and cannot ensure the
child's health and safety or are unavailable and such
placement would be for their best interest. Payment for
board, clothing, care, training and supervision of any child
placed in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care
facility for board, clothing, care, training and supervision
of such a child that exceed the average per capita cost of
maintaining and of caring for a child in institutions for
dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized care and treatment for
problems of severe emotional disturbance, physical
disability, social adjustment, or any combination thereof and
suitable facilities for the placement of such children are
not available at payment rates within the limitations set
forth in this Section. All reimbursements for services
delivered shall be absolutely inalienable by assignment,
sale, attachment, garnishment or otherwise.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the
Department. Children who are wards of the Department and are
placed by private child welfare agencies, and foster families
with whom those children are placed, shall be afforded the
same procedural and appeal rights as children and families in
the case of placement by the Department, including the right
to an initial review of a private agency decision by that
agency. The Department shall insure that any private child
welfare agency, which accepts wards of the Department for
placement, affords those rights to children and foster
families. The Department shall accept for administrative
review and an appeal hearing a complaint made by a child or
foster family concerning a decision following an initial
review by a private child welfare agency. An appeal of a
decision concerning a change in the placement of a child
shall be conducted in an expedited manner.
(p) There is hereby created the Department of Children
and Family Services Emergency Assistance Fund from which the
Department may provide special financial assistance to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been separated
due to child abuse and neglect. The Department shall
establish administrative rules specifying the criteria for
determining eligibility for and the amount and nature of
assistance to be provided. The Department may also enter
into written agreements with private and public social
service agencies to provide emergency financial services to
families referred by the Department. Special financial
assistance payments shall be available to a family no more
than once during each fiscal year and the total payments to a
family may not exceed $500 during a fiscal year.
(q) The Department may receive and use, in their
entirety, for the benefit of children any gift, donation or
bequest of money or other property which is received on
behalf of such children, or any financial benefits to which
such children are or may become entitled while under the
jurisdiction or care of the Department.
The Department shall set up and administer no-cost,
interest-bearing savings accounts in appropriate financial
institutions ("individual accounts") for children for whom
the Department is legally responsible and who have been
determined eligible for Veterans' Benefits, Social Security
benefits, assistance allotments from the armed forces, court
ordered payments, parental voluntary payments, Supplemental
Security Income, Railroad Retirement payments, Black Lung
benefits, or other miscellaneous payments. Interest earned
by each individual account shall be credited to the account,
unless disbursed in accordance with this subsection.
In disbursing funds from children's individual accounts,
the Department shall:
(1) Establish standards in accordance with State
and federal laws for disbursing money from children's
individual accounts. In all circumstances, the
Department's "Guardianship Administrator" or his or her
designee must approve disbursements from children's
individual accounts. The Department shall be responsible
for keeping complete records of all disbursements for
each individual account for any purpose.
(2) Calculate on a monthly basis the amounts paid
from State funds for the child's board and care, medical
care not covered under Medicaid, and social services; and
utilize funds from the child's individual account, as
covered by regulation, to reimburse those costs.
Monthly, disbursements from all children's individual
accounts, up to 1/12 of $13,000,000, shall be deposited
by the Department into the General Revenue Fund and the
balance over 1/12 of $13,000,000 into the DCFS Children's
Services Fund.
(3) Maintain any balance remaining after
reimbursing for the child's costs of care, as specified
in item (2). The balance shall accumulate in accordance
with relevant State and federal laws and shall be
disbursed to the child or his or her guardian, or to the
issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to
the Department or its agent names and addresses of all
persons who have applied for and have been approved for
adoption of a hard-to-place or handicapped child and the
names of such children who have not been placed for adoption.
A list of such names and addresses shall be maintained by the
Department or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and
of the child shall be made available, without charge, to
every adoption agency in the State to assist the agencies in
placing such children for adoption. The Department may
delegate to an agent its duty to maintain and make available
such lists. The Department shall ensure that such agent
maintains the confidentiality of the person seeking to adopt
the child and of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious
or negligent acts of foster children, as well as providing
third party coverage for such foster parents with regard to
actions of foster children to other individuals. Such
coverage will be secondary to the foster parent liability
insurance policy, if applicable. The program shall be funded
through appropriations from the General Revenue Fund,
specifically designated for such purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court
specifically directs the Department to perform such
services; and
(2) the court has ordered one or both of the
parties to the proceeding to reimburse the Department for
its reasonable costs for providing such services in
accordance with Department rules, or has determined that
neither party is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court
order. The Department shall send to the court information
related to the costs incurred except in cases where the court
has determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
(u) Whenever the Department places a child in a licensed
foster home, group home, child care institution, or in a
relative home, the Department shall provide to the caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical
card information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the
child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to, fire
setting, perpetuation of sexual abuse, destructive behavior,
and substance abuse) necessary to care for and safeguard the
child.
(u-5) Effective July 1, 1995, only foster care
placements licensed as foster family homes pursuant to the
Child Care Act of 1969 shall be eligible to receive foster
care payments from the Department. Relative caregivers who,
as of July 1, 1995, were approved pursuant to approved
relative placement rules previously promulgated by the
Department at 89 Ill. Adm. Code 335 and had submitted an
application for licensure as a foster family home may
continue to receive foster care payments only until the
Department determines that they may be licensed as a foster
family home or that their application for licensure is denied
or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the
adjudicatory and dispositional record system as defined in
subdivision (A)19 of Section 55a of the Civil Administrative
Code of Illinois if the Department determines the information
is necessary to perform its duties under the Abused and
Neglected Child Reporting Act, the Child Care Act of 1969,
and the Children and Family Services Act. The Department
shall provide for interactive computerized communication and
processing equipment that permits direct on-line
communication with the Department of State Police's central
criminal history data repository. The Department shall
comply with all certification requirements and provide
certified operators who have been trained by personnel from
the Department of State Police. In addition, one Office of
the Inspector General investigator shall have training in the
use of the criminal history information access system and
have access to the terminal. The Department of Children and
Family Services and its employees shall abide by rules and
regulations established by the Department of State Police
relating to the access and dissemination of this information.
(w) Within 120 days of August 20, 1995 (the effective
date of Public Act 89-392), the Department shall prepare and
submit to the Governor and the General Assembly, a written
plan for the development of in-state licensed secure child
care facilities that care for children who are in need of
secure living arrangements for their health, safety, and
well-being. For purposes of this subsection, secure care
facility shall mean a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building or a distinct part of the building, are under the
exclusive control of the staff of the facility, whether or
not the child has the freedom of movement within the
perimeter of the facility, building, or distinct part of the
building. The plan shall include descriptions of the types
of facilities that are needed in Illinois; the cost of
developing these secure care facilities; the estimated number
of placements; the potential cost savings resulting from the
movement of children currently out-of-state who are projected
to be returned to Illinois; the necessary geographic
distribution of these facilities in Illinois; and a proposed
timetable for development of such facilities.
(Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
(20 ILCS 505/6a) (from Ch. 23, par. 5006a)
(Text of Section before amendment by P.A. 89-704)
Sec. 6a. Case Plan.
(a) With respect to each Department client for whom the
Department is providing placement service, the Department
shall develop a case plan designed to stabilize the family
situation and prevent placement of a child outside the home
of the family, reunify the family if temporary placement is
necessary, or move the child toward the most permanent living
arrangement and permanent legal status. Such case plan shall
provide for the utilization of family preservation services.
Such case plan shall be reviewed and updated every 6 months.
Where appropriate, the case plan shall include
recommendations concerning alcohol or drug abuse evaluation.
(b) The Department may enter into written agreements
with child welfare agencies to establish and implement case
plan demonstration projects. The demonstration projects
shall require that service providers develop, implement,
review and update client case plans. The Department shall
examine the effectiveness of the demonstration projects in
promoting the family reunification or the permanent placement
of each client and shall report its findings to the General
Assembly no later than 90 days after the end of the fiscal
year in which any such demonstration project is implemented.
(Source: P.A. 85-985; 86-1296.)
(Text of Section after amendment by P.A. 89-704)
Sec. 6a. Case Plan.
(a) With respect to each Department client for whom the
Department is providing placement service, the Department
shall develop a case plan designed to stabilize the family
situation and prevent placement of a child outside the home
of the family when the child can be cared for at home without
endangering the child's health or safety, reunify the family
if temporary placement is necessary when safe and
appropriate, or move the child toward the most permanent
living arrangement and permanent legal status. Such case
plan shall provide for the utilization of reasonable family
preservation services as defined in Section 8.2 of the Abused
and Neglected Child Reporting Act. Such case plan shall be
reviewed and updated every 6 months. Where appropriate, the
case plan shall include recommendations concerning alcohol or
drug abuse evaluation.
(b) The Department may enter into written agreements
with child welfare agencies to establish and implement case
plan demonstration projects. The demonstration projects
shall require that service providers develop, implement,
review and update client case plans. The Department shall
examine the effectiveness of the demonstration projects in
promoting the family reunification or the permanent placement
of each client and shall report its findings to the General
Assembly no later than 90 days after the end of the fiscal
year in which any such demonstration project is implemented.
(Source: P.A. 89-704, eff. 1-1-98.)
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place such child, as far as possible, in the care and
custody of some individual holding the same religious belief
as the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(b) In placing a child under this Act, the Department
may place a child with a relative if the Department has
reason to believe that the relative will be able to
adequately provide for the child's safety and welfare. The
Department may not place a child with a relative, with the
exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agency Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult
member of the relative's household for any of the following
offenses under the Criminal Code of 1961:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, and 11-13;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm;
(15) aggravated stalking;
(16) home invasion;
(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal neglect of an elderly or disabled
person;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent,
who (i) is currently related to the child in any of the
following ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
great-uncle, or great-aunt; or (ii) is the spouse of such a
relative; or (iii) is the child's step-father, step-mother,
or adult step-brother or step-sister; "relative" also
includes a person related in any of the foregoing ways to a
sibling of a child, even though the person is not related to
the child, when the child and its sibling are placed together
with that person. A relative with whom a child is placed
pursuant to this subsection may, but is not required to,
apply for licensure as a foster family home pursuant to the
Child Care Act of 1969; provided, however, that as of July 1,
1995, foster care payments shall be made only to licensed
foster family homes pursuant to the terms of Section 5 of
this Act.
(c) In placing a child under this Act, the Department
shall ensure that the child's health, safety, and best
interests are met by giving due, not sole, consideration to
the child's race or ethnic heritage in making a family foster
care placement. The Department shall consider the cultural,
ethnic, or racial background of the child and the capacity of
the prospective foster or adoptive parents to meet the needs
of a child of this background as one of a number of factors
used to determine the best interests of the child. The
Department shall make special efforts for the diligent
recruitment of potential foster and adoptive families that
reflect the ethnic and racial diversity of the children for
whom foster and adoptive homes are needed. "Special efforts"
shall include contacting and working with community
organizations and religious organizations and may include
contracting with those organizations, utilizing local media
and other local resources, and conducting outreach
activities.
(c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection
(l-1) of Section 5, so that permanency may occur at the
earliest opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement made is
the best available placement to provide permanency for the
child.
(d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
(e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive parent
on the basis of race.
(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)
(20 ILCS 505/7.7)
Sec. 7.7. Limit on multiple placements. If the
Department has placed a child in substitute care pursuant to
a court order, the Department may not change the child's
placement unless the Department specifically documents that
the current placement is unsafe or unsuitable or that another
placement is in the child's best interests or unless the new
placement is in an adoptive home or other permanent
placement.
(Source: P.A. 89-422.)
Section 10-10. The Child Care Act of 1969 is amended by
changing Section 4.2 as follows:
(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
Sec. 4.2. (a) No applicant may receive a license from
the Department and no person may be employed by a licensed
child care facility who refuses to authorize an investigation
as required by Section 4.1.
(b) No applicant may receive a license from the
Department and no person may be employed by a child care
facility licensed by the Department who has been declared a
sexually dangerous person under "An Act in relation to
sexually dangerous persons, and providing for their
commitment, detention and supervision", approved July 6,
1938, as amended, or convicted of committing or attempting to
commit any of the following offenses stipulated under the
Criminal Code of 1961:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, and 11-13;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) harboring a runaway;
(3.4) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug induced infliction of great bodily harm;
(15) hate crime;
(16) stalking;
(17) aggravated stalking;
(18) threatening public officials;
(19) home invasion;
(20) vehicular invasion;
(21) criminal transmission of HIV;
(22) criminal neglect of an elderly or disabled
person;
(23) child abandonment;
(24) endangering the life or health of a child;
(25) ritual mutilation;
(26) ritualized abuse of a child;
(27) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
(c) In addition to the provisions set forth in
subsection (b), no applicant may receive a license from the
Department to operate a foster family home, and no adult
person may reside in a foster family home licensed by the
Department, who has been convicted of committing or
attempting to commit any of the following offenses stipulated
under the Criminal Code of 1961, the Cannabis Control Act,
and the Illinois Controlled Substances Act:
(I) OFFENSES DIRECTED AGAINST THE PERSON
(A) KIDNAPPING AND RELATED OFFENSES
(1) Unlawful restraint.
(B) BODILY HARM
(2) Felony aggravated assault.
(3) Vehicular endangerment.
(4) Felony domestic battery.
(5) Aggravated battery.
(6) Heinous battery.
(7) Aggravated battery with a firearm.
(8) Aggravated battery of an unborn child.
(9) Aggravated battery of a senior citizen.
(10) Intimidation.
(11) Compelling organization membership of persons.
(12) Abuse and gross neglect of a long term care
facility resident.
(13) Felony violation of an order of protection.
(II) OFFENSES DIRECTED AGAINST PROPERTY
(14) Felony theft.
(15) Robbery.
(16) Armed robbery.
(17) Aggravated robbery.
(18) Vehicular hijacking.
(19) Aggravated vehicular hijacking.
(20) Burglary.
(21) Possession of burglary tools.
(22) Residential burglary.
(23) Criminal fortification of a residence or
building.
(24) Arson.
(25) Aggravated arson.
(26) Possession of explosive or explosive
incendiary devices.
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
(27) Felony unlawful use of weapons.
(28) Aggravated discharge of a firearm.
(29) Reckless discharge of a firearm.
(30) Unlawful use of metal piercing bullets.
(31) Unlawful sale or delivery of firearms on the
premises of any school.
(32) Disarming a police officer.
(33) Obstructing justice.
(34) Concealing or aiding a fugitive.
(35) Armed violence.
(36) Felony contributing to the criminal
delinquency of a juvenile.
(IV) DRUG OFFENSES
(37) Possession of more than 30 grams of cannabis.
(38) Manufacture of more than 10 grams of cannabis.
(39) Cannabis trafficking.
(40) Delivery of cannabis on school grounds.
(41) Unauthorized production of more than 5
cannabis sativa plants.
(42) Calculated criminal cannabis conspiracy.
(43) Unauthorized manufacture or delivery of
controlled substances.
(44) Controlled substance trafficking.
(45) Manufacture, distribution, or advertisement of
look-alike substances.
(46) Calculated criminal drug conspiracy.
(46.5) Streetgang criminal drug conspiracy.
(47) Permitting unlawful use of a building.
(48) Delivery of controlled, counterfeit, or
look-alike substances to persons under age 18, or at
truck stops, rest stops, or safety rest areas, or on
school property.
(49) Using, engaging, or employing persons under 18
to deliver controlled, counterfeit, or look-alike
substances.
(50) Delivery of controlled substances.
(51) Sale or delivery of drug paraphernalia.
(52) Felony possession, sale, or exchange of
instruments adapted for use of a controlled substance or
cannabis by subcutaneous injection.
(d) Notwithstanding subsection (c), the Department may
issue a new foster family home license or may renew an
existing foster family home license of an applicant who was
convicted of an offense described in subsection (c), provided
all of the following requirements are met:
(1) The relevant criminal offense or offenses
occurred more than 10 years prior to the effective date
of this amendatory Act of 1997.
(2) The applicant had previously disclosed the
conviction or convictions to the Department for purposes
of a background check.
(3) After the disclosure, the Department either
placed a child in the home or the foster family home
license was issued.
(4) During the background check, the Department had
assessed and waived the conviction in compliance with the
existing statutes and rules in effect at the time of the
waiver.
(5) The applicant meets all other requirements and
qualifications to be licensed as a foster family home
under this Act and the Department's administrative rules.
(6) The applicant has a history of providing a
safe, stable home environment and appears able to
continue to provide a safe, stable home environment.
(Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95;
89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
6-27-96.)
Section 10-15. The Abused and Neglected Child Reporting
Act is amended by changing Sections 2, 5, 7.5, and 8.2 as
follows:
(325 ILCS 5/2) (from Ch. 23, par. 2052)
Sec. 2. The Illinois Department of Children and Family
Services shall, upon receiving reports made under this Act,
protect the health, safety, and best interests of the child
in all situations in which the child is vulnerable to child
abuse or neglect, offer protective services in order to
prevent any further harm to the child and to other children
in the same environment or family, stabilize the home
environment, and preserve family life whenever possible and
protect the health and safety of children in all situations
in which they are vulnerable to child abuse or neglect.
Recognizing that children also can be abused and neglected
while living in public or private residential agencies or
institutions meant to serve them, while attending day care
centers or schools, or when in contact with adults who are
responsible for the welfare of the child at that time, this
Act also provides for the reporting and investigation of
child abuse and neglect in such instances. In performing any
of these duties, the Department may utilize such protective
services of voluntary agencies as are available.
(Source: P.A. 84-1318.)
(325 ILCS 5/5) (from Ch. 23, par. 2055)
Sec. 5. An officer of a local law enforcement agency,
designated employee of the Department, or a physician
treating a child may take or retain temporary protective
custody of the child without the consent of the person
responsible for the child's welfare, if (1) he has reason to
believe that the child cannot be cared for at home or in the
circumstances or conditions of the child are such that
continuing in his place of residence or in the care and
custody of the person responsible for the child's welfare
without endangering the child's health or safety, presents an
imminent danger to that child's life or health; and (2) there
is not time to apply for a court order under the Juvenile
Court Act of 1987 for temporary custody of the child. The
person taking or retaining a child in temporary protective
custody shall immediately make every reasonable effort to
notify the person responsible for the child's welfare and
shall immediately notify the Department. The Department
shall provide to the temporary caretaker of a child any
information in the Department's possession concerning the
positive results of a test performed on the child to
determine the presence of the antibody or antigen to Human
Immunodeficiency Virus (HIV), or of HIV infection, as well as
any communicable diseases or communicable infections that the
child has. The temporary caretaker of a child shall not
disclose to another person any information received by the
temporary caretaker from the Department concerning the
results of a test performed on the child to determine the
presence of the antibody or antigen to HIV, or of HIV
infection, except pursuant to Section 9 of the AIDS
Confidentiality Act, as now or hereafter amended. The
Department shall promptly initiate proceedings under the
Juvenile Court Act of 1987 for the continued temporary
custody of the child.
Where the physician keeping a child in his custody does
so in his capacity as a member of the staff of a hospital or
similar institution, he shall notify the person in charge of
the institution or his designated agent, who shall then
become responsible for the further care of such child in the
hospital or similar institution under the direction of the
Department.
Said care includes, but is not limited to the granting of
permission to perform emergency medical treatment to a minor
where the treatment itself does not involve a substantial
risk of harm to the minor and the failure to render such
treatment will likely result in death or permanent harm to
the minor, and there is not time to apply for a court order
under the Juvenile Court Act of 1987.
Any person authorized and acting in good faith in the
removal of a child under this Section shall have immunity
from any liability, civil or criminal that might otherwise be
incurred or imposed as a result of such removal. Any
physician authorized and acting in good faith and in
accordance with acceptable medical practice in the treatment
of a child under this Section shall have immunity from any
liability, civil or criminal, that might otherwise be
incurred or imposed as a result of granting permission for
emergency treatment.
With respect to any child taken into temporary protective
custody pursuant to this Section, the Department of Children
and Family Services Guardianship Administrator or his
designee shall be deemed the child's legally authorized
representative for purposes of consenting to an HIV test if
deemed necessary and appropriate by the Department's
Guardianship Administrator or designee and obtaining and
disclosing information concerning such test pursuant to the
AIDS Confidentiality Act if deemed necessary and appropriate
by the Department's Guardianship Administrator or designee
and for purposes of consenting to the release of information
pursuant to the Illinois Sexually Transmissible Disease
Control Act if deemed necessary and appropriate by the
Department's Guardianship Administrator or designee.
Any person who administers an HIV test upon the consent
of the Department of Children and Family Services
Guardianship Administrator or his designee, or who discloses
the results of such tests to the Department's Guardianship
Administrator or his designee, shall have immunity from any
liability, civil, criminal or otherwise, that might result by
reason of such actions. For the purpose of any proceedings,
civil or criminal, the good faith of any persons required to
administer or disclose the results of tests, or permitted to
take such actions, shall be presumed.
(Source: P.A. 86-733; 86-904; 86-1028.)
(325 ILCS 5/7.5) (from Ch. 23, par. 2057.5)
Sec. 7.5. If the Child Protective Service Unit is denied
reasonable access to a child by the parents or other persons
and it deems that the health, safety, and best interests of
the child so require, it shall request the intervention of a
local law enforcement agency or seek an appropriate court
order to examine and interview the child.
(Source: P.A. 81-1077.)
(325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
(Text of Section before amendment by P.A. 89-507)
Sec. 8.2. If the Child Protective Service Unit
determines, following an investigation made pursuant to
Section 7.4 of this Act, that there is credible evidence that
the child is abused or neglected, the Department shall assess
the family's need for services, and, as necessary, develop,
with the family, an appropriate service plan for the family's
voluntary acceptance or refusal. In any case where there is
evidence that the perpetrator of the abuse or neglect is an
addict or alcoholic as defined in the Alcoholism and Other
Drug Abuse and Dependency Act, the Department, when making
referrals for drug or alcohol abuse services, shall make such
referrals to facilities licensed by the Department of
Alcoholism and Substance Abuse or the Department of Public
Health. The Department shall comply with Section 8.1 by
explaining its lack of legal authority to compel the
acceptance of services and may explain its concomitant
noncommitant authority to petition the Circuit court under
the Juvenile Court Act of 1987 or refer the case to the local
law enforcement authority or State's attorney for criminal
prosecution.
For purposes of this Act, the term "family preservation
services" refers to all services to prevent the placement of
children in substitute care, to reunite them with their
families if so placed and if reunification is an appropriate
goal, or to maintain an adoptive placement. The term
"homemaker" includes emergency caretakers, homemakers,
caretakers, housekeepers and chore services. The term
"counseling" includes individual therapy, infant stimulation
therapy, family therapy, group therapy, self-help groups,
drug and alcohol abuse counseling, vocational counseling and
post-adoptive services. The term "day care" includes
protective day care and day care to meet educational,
prevocational or vocational needs. The term "emergency
assistance and advocacy" includes coordinated services to
secure emergency cash, food, housing and medical assistance
or advocacy for other subsistence and family protective
needs.
Before July 1, 2000, appropriate family preservation
services shall, subject to appropriation, be included in the
service plan if the Department has determined that those
services are in the child's best interests and when the child
will not be in imminent risk of harm. Beginning July 1,
2000, appropriate family preservation services shall be
uniformly available throughout the State. The Department
shall promptly notify children and families of the
Department's responsibility to offer and provide family
preservation services as identified in the service plan.
Such plans may include but are not limited to: case
management services; homemakers; counseling; parent
education; day care; emergency assistance and advocacy
assessments; respite care; in-home health care;
transportation to obtain any of the above services; and
medical assistance. Nothing in this paragraph shall be
construed to create a private right of action or claim on the
part of any individual or child welfare agency.
The Department shall provide a preliminary report to the
General Assembly no later than January 1, 1991, in regard to
the provision of services authorized pursuant to this
Section. The report shall include:
(a) the number of families and children served, by
type of services;
(b) the outcome from the provision of such
services, including the number of families which remained
intact at least 6 months following the termination of
services;
(c) the number of families which have been subjects
of founded reports of abuse following the termination of
services;
(d) an analysis of general family circumstances in
which family preservation services have been determined
to be an effective intervention;
(e) information regarding the number of families in
need of services but unserved due to budget or program
criteria guidelines;
(f) an estimate of the time necessary for and the
annual cost of statewide implementation of such services;
(g) an estimate of the length of time before
expansion of these services will be made to include
families with children over the age of 6; and
(h) recommendations regarding any proposed
legislative changes to this program.
Each Department field office shall maintain on a local
basis directories of services available to children and
families in the local area where the Department office is
located.
The Department shall refer children and families served
pursuant to this Section to private agencies and governmental
agencies, where available.
Where there are 2 equal proposals from both a
not-for-profit and a for-profit agency to provide services,
the Department shall give preference to the proposal from the
not-for-profit agency.
No service plan shall compel any child or parent to
engage in any activity or refrain from any activity which is
not reasonably related to remedying a condition or conditions
that gave rise or which could give rise to any finding of
child abuse or neglect.
(Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95;
revised 2-7-97.)
(Text of Section after amendment by P.A. 89-507)
Sec. 8.2. If the Child Protective Service Unit
determines, following an investigation made pursuant to
Section 7.4 of this Act, that there is credible evidence that
the child is abused or neglected, the Department shall assess
the family's need for services, and, as necessary, develop,
with the family, an appropriate service plan for the family's
voluntary acceptance or refusal. In any case where there is
evidence that the perpetrator of the abuse or neglect is an
addict or alcoholic as defined in the Alcoholism and Other
Drug Abuse and Dependency Act, the Department, when making
referrals for drug or alcohol abuse services, shall make such
referrals to facilities licensed by the Department of Human
Services or the Department of Public Health. The Department
shall comply with Section 8.1 by explaining its lack of legal
authority to compel the acceptance of services and may
explain its concomitant noncommitant authority to petition
the Circuit court under the Juvenile Court Act of 1987 or
refer the case to the local law enforcement authority or
State's attorney for criminal prosecution.
For purposes of this Act, the term "family preservation
services" refers to all services to prevent the placement of
children in substitute care when the children can be cared
for at home or in the custody of the person responsible for
the children's welfare without endangering the children's
health or safety, to reunite them with their families if so
placed when and if reunification is an appropriate goal, or
to maintain an adoptive placement. The term "homemaker"
includes emergency caretakers, homemakers, caretakers,
housekeepers and chore services. The term "counseling"
includes individual therapy, infant stimulation therapy,
family therapy, group therapy, self-help groups, drug and
alcohol abuse counseling, vocational counseling and
post-adoptive services. The term "day care" includes
protective day care and day care to meet educational,
prevocational or vocational needs. The term "emergency
assistance and advocacy" includes coordinated services to
secure emergency cash, food, housing and medical assistance
or advocacy for other subsistence and family protective
needs.
Before July 1, 2000, appropriate family preservation
services shall, subject to appropriation, be included in the
service plan if the Department has determined that those
services will ensure the child's health and safety, are in
the child's best interests, and will not place the child when
the child will not be in imminent risk of harm. Beginning
July 1, 2000, appropriate family preservation services shall
be uniformly available throughout the State. The Department
shall promptly notify children and families of the
Department's responsibility to offer and provide family
preservation services as identified in the service plan.
Such plans may include but are not limited to: case
management services; homemakers; counseling; parent
education; day care; emergency assistance and advocacy
assessments; respite care; in-home health care;
transportation to obtain any of the above services; and
medical assistance. Nothing in this paragraph shall be
construed to create a private right of action or claim on the
part of any individual or child welfare agency.
The Department shall provide a preliminary report to the
General Assembly no later than January 1, 1991, in regard to
the provision of services authorized pursuant to this
Section. The report shall include:
(a) the number of families and children served, by
type of services;
(b) the outcome from the provision of such
services, including the number of families which remained
intact at least 6 months following the termination of
services;
(c) the number of families which have been subjects
of founded reports of abuse following the termination of
services;
(d) an analysis of general family circumstances in
which family preservation services have been determined
to be an effective intervention;
(e) information regarding the number of families in
need of services but unserved due to budget or program
criteria guidelines;
(f) an estimate of the time necessary for and the
annual cost of statewide implementation of such services;
(g) an estimate of the length of time before
expansion of these services will be made to include
families with children over the age of 6; and
(h) recommendations regarding any proposed
legislative changes to this program.
Each Department field office shall maintain on a local
basis directories of services available to children and
families in the local area where the Department office is
located.
The Department shall refer children and families served
pursuant to this Section to private agencies and governmental
agencies, where available.
Where there are 2 equal proposals from both a
not-for-profit and a for-profit agency to provide services,
the Department shall give preference to the proposal from the
not-for-profit agency.
No service plan shall compel any child or parent to
engage in any activity or refrain from any activity which is
not reasonably related to remedying a condition or conditions
that gave rise or which could give rise to any finding of
child abuse or neglect.
(Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95;
89-507, eff. 7-1-97; revised 2-7-97.)
Section 10-20. The Juvenile Court Act of 1987 is amended
by changing Sections 1-2, 1-3, 1-5, 1-8, 2-10, 2-10.1, 2-13,
2-14, 2-15, 2-16, 2-17, 2-17.1, 2-20, 2-21, 2-22, 2-23, 2-24,
2-25, 2-27, 2-28, 2-28.1, 2-29, and 2-31 and by adding
Section 2-27.5 as follows:
(705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
(Text of Section before amendment by P.A. 89-704)
Sec. 1-2. Purpose and policy. (1) The purpose of this
Act is to secure for each minor subject hereto such care and
guidance, preferably in his or her own home, as will serve
the moral, emotional, mental, and physical welfare of the
minor and the best interests of the community; to preserve
and strengthen the minor's family ties whenever possible,
removing him or her from the custody of his or her parents
only when his or her welfare or safety or the protection of
the public cannot be adequately safeguarded without removal;
and, when the minor is removed from his or her own family, to
secure for him or her custody, care and discipline as nearly
as possible equivalent to that which should be given by his
or her parents, and in cases where it should and can properly
be done to place the minor in a family home so that he or she
may become a member of the family by legal adoption or
otherwise.
(2) In all proceedings under this Act the court may
direct the course thereof so as promptly to ascertain the
jurisdictional facts and fully to gather information bearing
upon the current condition and future welfare of persons
subject to this Act. This Act shall be administered in a
spirit of humane concern, not only for the rights of the
parties, but also for the fears and the limits of
understanding of all who appear before the court.
(3) In all procedures under this Act, the following
shall apply:
(a) The procedural rights assured to the minor shall be
the rights of adults unless specifically precluded by laws
which enhance the protection of such minors.
(b) Every child has a right to services necessary to his
or her proper development, including health, education and
social services.
(c) The parents' right to the custody of their child
shall not prevail when the court determines that it is
contrary to the best interests of the child.
(4) This Act shall be liberally construed to carry out
the foregoing purpose and policy.
(Source: P.A. 85-601.)
(Text of Section after amendment by P.A. 89-704)
Sec. 1-2. Purpose and policy.
(1) The purpose of this Act is to secure for each minor
subject hereto such care and guidance, preferably in his or
her own home, as will serve the safety and moral, emotional,
mental, and physical welfare of the minor and the best
interests of the community; to preserve and strengthen the
minor's family ties whenever possible, removing him or her
from the custody of his or her parents only when his or her
safety or welfare or safety or the protection of the public
cannot be adequately safeguarded without removal; if the
child is removed from the custody of his or her parent, the
Department of Children and Family Services immediately shall
consider concurrent planning, as described in Section 5 of
the Children and Family Services Act so that permanency may
occur at the earliest opportunity; consideration should be
given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child; and, when the minor is removed from
his or her own family, to secure for him or her custody, care
and discipline as nearly as possible equivalent to that which
should be given by his or her parents, and in cases where it
should and can properly be done to place the minor in a
family home so that he or she may become a member of the
family by legal adoption or otherwise. Provided that a
ground for unfitness under the Adoption Act can be met, it
may be appropriate to expedite termination of parental
rights:
(a) when reasonable efforts are inappropriate, or have
been provided and were unsuccessful, and there are
aggravating circumstances including, but not limited to,
those cases in which (i) a child or a sibling of the child
was (A) abandoned, (B) tortured, or (C) chronically abused or
(ii) the parent is criminally convicted of (A) first degree
murder or second degree murder of any child, (B) attempt or
conspiracy to commit first degree murder or second degree
murder of any child, (C) solicitation to commit murder,
solicitation to commit murder for hire, or solicitation to
commit second degree murder of any child, or accountability
for the first or second degree murder of any child, or (D)
aggravated criminal sexual assault in violation of Section
12-14(b)(1) of the Criminal Code of 1961; or
(b) when the parental rights of a parent with respect to
a sibling of the child have been terminated; or in
abandonment cases; or in those extreme cases in which the
parent's conduct toward the child or the child's sibling has
been so egregious that the behavior justifies termination of
parental rights; or
(c) in those extreme cases in which the parent's
incapacity to care for the child, combined with an extremely
poor prognosis for treatment or rehabilitation, justifies
expedited termination of a determination that parental rights
should be terminated.
(2) In all proceedings under this Act the court may
direct the course thereof so as promptly to ascertain the
jurisdictional facts and fully to gather information bearing
upon the current condition and future welfare of persons
subject to this Act. This Act shall be administered in a
spirit of humane concern, not only for the rights of the
parties, but also for the fears and the limits of
understanding of all who appear before the court.
(3) In all procedures under this Act, the following
shall apply:
(a) The procedural rights assured to the minor
shall be the rights of adults unless specifically
precluded by laws which enhance the protection of such
minors.
(b) Every child has a right to services necessary
to his or her safety and proper development, including
health, education and social services.
(c) The parents' right to the custody of their
child shall not prevail when the court determines that it
is contrary to the health, safety, and best interests of
the child.
(4) This Act shall be liberally construed to carry out
the foregoing purpose and policy.
(Source: P.A. 89-704, eff. 1-1-98.)
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
Sec. 1-3. Definitions. Terms used in this Act, unless
the context otherwise requires, have the following meanings
ascribed to them:
(1) Adjudicatory hearing. "Adjudicatory hearing" means a
hearing to determine whether the allegations of a petition
under Section 2-13, 3-15 or 4-12 that a minor under 18 years
of age is abused, neglected or dependent, or requires
authoritative intervention, or addicted, respectively, are
supported by a preponderance of the evidence or whether the
allegations of a petition under Section 5-13 that a minor is
delinquent are proved beyond a reasonable doubt.
(2) Adult. "Adult" means a person 21 years of age or
older.
(3) Agency. "Agency" means a public or private child
care facility legally authorized or licensed by this State
for placement or institutional care or for both placement and
institutional care.
(4) Association. "Association" means any organization,
public or private, engaged in welfare functions which include
services to or on behalf of children but does not include
"agency" as herein defined.
(4.05) Best Interests. Whenever a "best interest"
determination is required, the following factors shall be
considered in the context of the child's age and
developmental needs:
(a) the physical safety and welfare of the child,
including food, shelter, health, and clothing;
(b) the development of the child's identity;
(c) the child's background and ties, including familial,
racial, cultural, and religious;
(d) the child's sense of attachments, including:
(i) where the child actually feels love,
attachment, and a sense of being valued (as opposed to
where adults believe the child should feel such love,
attachment, and a sense of being valued);
(ii) the child's sense of security;
(iii) the child's sense of familiarity;
(iv) continuity of affection for the child;
(v) the least disruptive placement alternative for
the child;
(e) the child's wishes and long-term goals;
(f) the child's community ties, including church,
school, and friends;
(g) permanence for the child;
(h) the uniqueness of every family and child;
(i) the risks attendant to entering and being in
substitute care; and
(j) the preferences of the persons available to care for
the child.
(4.1) Chronic truant. "Chronic truant" shall have the
definition ascribed to it in Section 26-2a of The School
Code.
(5) Court. "Court" means the circuit court in a session
or division assigned to hear proceedings under this Act.
(6) Dispositional hearing. "Dispositional hearing" means
a hearing to determine whether a minor should be adjudged to
be a ward of the court, and to determine what order of
disposition should be made in respect to a minor adjudged to
be a ward of the court.
(7) Emancipated minor. "Emancipated minor" means any
minor 16 years of age or over who has been completely or
partially emancipated under the "Emancipation of Mature
Minors Act", enacted by the Eighty-First General Assembly, or
under this Act.
(8) Guardianship of the person. "Guardianship of the
person" of a minor means the duty and authority to act in the
best interests of the minor, subject to residual parental
rights and responsibilities, to make important decisions in
matters having a permanent effect on the life and development
of the minor and to be concerned with his or her general
welfare. It includes but is not necessarily limited to:
(a) the authority to consent to marriage, to
enlistment in the armed forces of the United States, or
to a major medical, psychiatric, and surgical treatment;
to represent the minor in legal actions; and to make
other decisions of substantial legal significance
concerning the minor;
(b) the authority and duty of reasonable
visitation, except to the extent that these have been
limited in the best interests of the minor by court
order;
(c) the rights and responsibilities of legal
custody except where legal custody has been vested in
another person or agency; and
(d) the power to consent to the adoption of the
minor, but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, 4-27 or 5-31.
(9) Legal custody. "Legal custody" means the
relationship created by an order of court in the best
interests of the minor which imposes on the custodian the
responsibility of physical possession of a minor and the duty
to protect, train and discipline him and to provide him with
food, shelter, education and ordinary medical care, except as
these are limited by residual parental rights and
responsibilities and the rights and responsibilities of the
guardian of the person, if any.
(10) Minor. "Minor" means a person under the age of 21
years subject to this Act.
(11) Parents. "Parent" means the father or mother of a
child and includes any adoptive parent. It also includes the
father whose paternity is presumed or has been established
under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have
been terminated in any manner provided by law.
(11.1) "Permanency goal" means a goal set by a service
plan or an administrative case review, including, but not
limited to, (i) remaining home, (ii) returning home to a
specified parent or guardian, (iii) adoption, (iv) successor
guardianship, (v) long-term relative foster care, (vi) other
long-term substitute care, when no other goal is appropriate,
or (vii) emancipation the court as defined in subdivision
(2)(c) of Section 2-28.
(11.2) "Permanency review hearing" means a hearing to
review and determine (i) the appropriateness of the
permanency goal in light of the permanency alternatives, (ii)
the appropriateness of the services contained in the plan and
whether those services have been provided to achieve the
goal, (iii) whether reasonable efforts have been made by all
the parties to the service plan to achieve the the
appropriateness of the services delivered and to be delivered
to effectuate the plan and goal, and (iv) the efforts being
made by all the parties to achieve whether the plan and goal
have been achieved.
(12) Petition. "Petition" means the petition provided
for in Section 2-13, 3-15, 4-12 or 5-13, including any
supplemental petitions thereunder in Section 3-15, 4-12 or
5-13.
(13) Residual parental rights and responsibilities.
"Residual parental rights and responsibilities" means those
rights and responsibilities remaining with the parent after
the transfer of legal custody or guardianship of the person,
including, but not necessarily limited to, the right to
reasonable visitation (which may be limited by the court in
the best interests of the minor as provided in subsection
(8)(b) of this Section), the right to consent to adoption,
the right to determine the minor's religious affiliation, and
the responsibility for his support.
(14) Shelter. "Shelter" means the temporary care of a
minor in physically unrestricting facilities pending court
disposition or execution of court order for placement.
(15) Station adjustment. "Station adjustment" means the
informal handling of an alleged offender by a juvenile police
officer.
(16) Ward of the court. "Ward of the court" means a
minor who is so adjudged under Section 2-22, 3-23, 4-20 or
5-22, after a finding of the requisite jurisdictional facts,
and thus is subject to the dispositional powers of the court
under this Act.
(17) Juvenile police officer. "Juvenile police officer"
means a sworn police officer who has completed a Basic
Recruit Training Course, has been assigned to the position of
juvenile police officer by his or her chief law enforcement
officer and has completed the necessary juvenile officers
training as prescribed by the Illinois Law Enforcement
Training Standards Board, or in the case of a State police
officer, juvenile officer training approved by the Director
of the Department of State Police.
(Source: P.A. 88-7, Sec. 5; 88-7, Sec. 15; 88-487; 88-586,
eff. 8-12-94; 88-670, eff. 12-2-94.)
(705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
Sec. 1-5. Rights of parties to proceedings.
(1) Except as provided in this Section and paragraph (2)
of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
subject of the proceeding and his parents, guardian, legal
custodian or responsible relative who are parties respondent
have the right to be present, to be heard, to present
evidence material to the proceedings, to cross-examine
witnesses, to examine pertinent court files and records and
also, although proceedings under this Act are not intended to
be adversary in character, the right to be represented by
counsel. At the request of any party financially unable to
employ counsel, with the exception of a foster parent
permitted to intervene under this Section, the court shall
appoint the Public Defender or such other counsel as the case
may require. Counsel appointed for the minor and any indigent
party shall appear at all stages of the trial court
proceeding, including permanency hearings and termination of
parental rights proceedings.
No hearing on any petition or motion filed under this Act
may be commenced unless the minor who is the subject of the
proceeding is represented by counsel. Each adult respondent
shall be furnished a written "Notice of Rights" at or before
the first hearing at which he or she appears.
(2) (a) Though not appointed guardian or legal custodian
or otherwise made a party to the proceeding, any current or
previously appointed foster parent or representative of an
agency or association interested in the minor has the right
to be heard by the court, but does not thereby become a party
to the proceeding.
In addition to the foregoing right to be heard by the
court, any current foster parent of a minor and the agency
designated by the court or the Department of Children and
Family Services as custodian of the minor who has been
adjudicated an abused or neglected minor under Section 2-3 or
a dependent minor under Section 2-4 of this Act has the right
to and shall be given adequate notice at all stages of any
hearing or proceeding under this Act wherein the custody or
status of the minor may be changed. Such notice shall
contain a statement regarding the nature and denomination of
the hearing or proceeding to be held, the change in custody
or status of the minor sought to be obtained at such hearing
or proceeding, and the date, time and place of such hearing
or proceeding. The Department of Children and Family
Services or the licensed child welfare agency that has placed
the minor with the foster parent shall notify the clerk of
the court of the name and address of the current foster
parent. The clerk shall mail the notice by certified mail
marked for delivery to addressee only. The regular return
receipt for certified mail is sufficient proof of service.
Any foster parent who is denied his or her right to be
heard under this Section may bring a mandamus action under
Article XIV of the Code of Civil Procedure against the court
or any public agency to enforce that right. The mandamus
action may be brought immediately upon the denial of those
rights but in no event later than 30 days after the foster
parent has been denied the right to be heard.
(b) If after an adjudication that a minor is abused or
neglected as provided under Section 2-21 of this Act and a
motion an application has been made to restore the minor to
any parent, guardian, or legal custodian found by the court
to have caused the neglect or to have inflicted the abuse on
the minor, a foster parent may file a motion petition the
court to intervene in the proceeding for the sole purpose of
requesting that the minor be placed with the foster parent,
provided that the foster parent (i) is the current foster
parent of the minor or (ii) has previously been a foster
parent for the minor for one year or more, has a foster care
license or is eligible for a license, and is not the subject
of any findings of abuse or neglect of any child. The
juvenile court may only enter orders placing a minor with a
specific foster parent under this subsection (2)(b) and
nothing in this Section shall be construed to confer any
jurisdiction or authority on the juvenile court to issue any
other orders requiring the appointed guardian or custodian of
a minor to place the minor in a designated foster home or
facility. This Section is not intended to encompass any
matters that are within the scope or determinable under the
administrative and appeal process established by rules of the
Department of Children and Family Services under Section 5(o)
of the Children and Family Services Act. Nothing in this
Section shall relieve the court of its responsibility, under
Section 2-14(a) of this Act to act in a just and speedy
manner to reunify families where it is the best interests of
the minor and the child can be cared for at home without
endangering the child's health or safety and, if
reunification is not in the best interests of the minor, to
find another permanent home for the minor. Nothing in this
Section, or in any order issued by the court with respect to
the placement of a minor with a foster parent, shall impair
the ability of the Department of Children and Family
Services, or anyone else authorized under Section 5 of the
Abused and Neglected Child Reporting Act, to remove a minor
from the home of a foster parent if the Department of
Children and Family Services or the person removing the minor
has reason to believe that the circumstances or conditions of
the minor are such that continuing in the residence or care
of the foster parent will jeopardize the child's health and
safety or present an imminent risk of harm to that minor's
life or health.
(c) If a foster parent has had the minor who is the
subject of the proceeding under Article II in his or her home
for more than one year on or after July 3, 1994 and if the
minor's placement is being terminated from that foster
parent's home, that foster parent shall have standing and
intervenor status except in those circumstances where the
Department of Children and Family Services or anyone else
authorized under Section 5 of the Abused and Neglected Child
Reporting Act has removed the minor from the foster parent
because of a reasonable belief that the circumstances or
conditions of the minor are such that continuing in the
residence or care of the foster parent will jeopardize the
child's health or safety or presents an imminent risk of harm
to the minor's life or health.
(d) The court may grant standing to any foster parent if
the court finds that it is in the best interest of the child
for the foster parent to have standing and intervenor status.
(3) Parties respondent are entitled to notice in
compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
and 4-15 or 5-15 and 5-16, as appropriate. At the first
appearance before the court by the minor, his parents,
guardian, custodian or responsible relative, the court shall
explain the nature of the proceedings and inform the parties
of their rights under the first 2 paragraphs of this Section.
If the child is alleged to be abused, neglected or
dependent, the court shall admonish the parents that if the
court declares the child to be a ward of the court and awards
custody or guardianship to the Department of Children and
Family Services, the parents must cooperate with the
Department of Children and Family Services, comply with the
terms of the service plans, and correct the conditions that
require the child to be in care, or risk termination of their
parental rights.
Upon an adjudication of wardship of the court under
Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
parties of their right to appeal therefrom as well as from
any other final judgment of the court.
When the court finds that a child is an abused,
neglected, or dependent minor under Section 2-21, the court
shall admonish the parents that the parents must cooperate
with the Department of Children and Family Services, comply
with the terms of the service plans, and correct the
conditions that require the child to be in care, or risk
termination of their parental rights.
When the court declares a child to be a ward of the court
and awards guardianship to the Department of Children and
Family Services under Section 2-22, the court shall admonish
the parents, guardian, custodian, or responsible relative
that the parents must cooperate with the Department of
Children and Family Services, comply with the terms of the
service plans, and correct the conditions that require the
child to be in care, or risk termination of their parental
rights.
(4) No sanction may be applied against the minor who is
the subject of the proceedings by reason of his refusal or
failure to testify in the course of any hearing held prior to
final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
(5) In the discretion of the court, the minor may be
excluded from any part or parts of a dispositional hearing
and, with the consent of the parent or parents, guardian,
counsel or a guardian ad litem, from any part or parts of an
adjudicatory hearing.
(6) The general public except for the news media and the
victim shall be excluded from any hearing and, except for the
persons specified in this Section only persons, including
representatives of agencies and associations, who in the
opinion of the court have a direct interest in the case or in
the work of the court shall be admitted to the hearing.
However, the court may, for the minor's safety and protection
and for good cause shown, prohibit any person or agency
present in court from further disclosing the minor's
identity.
(Source: P.A. 87-759; 88-7; 88-549, eff. 7-3-94; 88-550, eff.
7-3-94; 88-691, eff. 1-24-95; 89-235, eff. 8-4-95.)
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, his
parents, guardian and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing
an arrest or search warrant or other compulsory process,
or to conducting an ongoing investigation or relating to
a minor who has been adjudicated delinquent and there has
been a previous finding that the act which constitutes
the previous offense was committed in furtherance of
criminal activities by a criminal street gang.
Before July 1, 1994, for the purposes of this
Section, "criminal street gang" means any ongoing
organization, association, or group of 3 or more persons,
whether formal or informal, having as one of its primary
activities the commission of one or more criminal acts
and that has a common name or common identifying sign,
symbol or specific color apparel displayed, and whose
members individually or collectively engage in or have
engaged in a pattern of criminal activity.
Beginning July 1, 1994, for purposes of this
Section, "criminal street gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
(3) Judges, hearing officers, prosecutors,
probation officers, social workers or other individuals
assigned by the court to conduct a pre-adjudication or
predisposition investigation, and individuals responsible
for supervising or providing temporary or permanent care
and custody for minors pursuant to the order of the
juvenile court when essential to performing their
responsibilities.
(4) Judges, prosecutors and probation officers:
(a) in the course of a trial when institution
of criminal proceedings has been permitted under
Section 5-4 or required under Section 5-4; or
(b) when criminal proceedings have been
permitted under Section 5-4 or required under
Section 5-4 and a minor is the subject of a
proceeding to determine the amount of bail; or
(c) when criminal proceedings have been
permitted under Section 5-4 or required under
Section 5-4 and a minor is the subject of a
pre-trial investigation, pre-sentence investigation
or fitness hearing, or proceedings on an application
for probation; or
(d) when a minor becomes 17 years of age or
older, and is the subject of criminal proceedings,
including a hearing to determine the amount of bail,
a pre-trial investigation, a pre-sentence
investigation, a fitness hearing, or proceedings on
an application for probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court
and the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity
and protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of The Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary
of State, courts, and police officers.
(10) The administrator of a bonafide substance
abuse student assistance program with the permission of
the presiding judge of the juvenile court.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
(C) Except as otherwise provided in this subsection (C),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court.
The State's Attorney, the minor, his parents, guardian and
counsel shall at all times have the right to examine court
files and records.
(1) The court shall allow the general public to
have access to the name, address, and offense of a minor
who is adjudicated a delinquent minor under this Act
under either of the following circumstances:
(A) The adjudication of delinquency was based
upon the minor's commission of first degree murder,
attempt to commit first degree murder, aggravated
criminal sexual assault, or criminal sexual assault;
or
(B) The court has made a finding that the
minor was at least 13 years of age at the time the
act was committed and the adjudication of
delinquency was based upon the minor's commission
of: (i) an act in furtherance of the commission of a
felony as a member of or on behalf of a criminal
street gang, (ii) an act involving the use of a
firearm in the commission of a felony, (iii) an act
that would be a Class X felony offense under or the
minor's second or subsequent Class 2 or greater
felony offense under the Cannabis Control Act if
committed by an adult, (iv) an act that would be a
second or subsequent offense under Section 402 of
the Illinois Controlled Substances Act if committed
by an adult, or (v) an act that would be an offense
under Section 401 of the Illinois Controlled
Substances Act if committed by an adult.
(2) The court shall allow the general public to
have access to the name, address, and offense of a minor
who is at least 13 years of age at the time the offense
is committed and who is convicted, in criminal
proceedings permitted or required under Section 5-4,
under either of the following circumstances:
(A) The minor has been convicted of first
degree murder, attempt to commit first degree
murder, aggravated criminal sexual assault, or
criminal sexual assault,
(B) The court has made a finding that the
minor was at least 13 years of age at the time the
offense was committed and the conviction was based
upon the minor's commission of: (i) an offense in
furtherance of the commission of a felony as a
member of or on behalf of a criminal street gang,
(ii) an offense involving the use of a firearm in
the commission of a felony, (iii) a Class X felony
offense under or a second or subsequent Class 2 or
greater felony offense under the Cannabis Control
Act, (iv) a second or subsequent offense under
Section 402 of the Illinois Controlled Substances
Act, or (v) an offense under Section 401 of the
Illinois Controlled Substances Act.
(D) Pending or following any adjudication of delinquency
for any offense defined in Sections 12-13 through 12-16 of
the Criminal Code of 1961, the victim of any such offense
shall receive the rights set out in Sections 4 and 6 of the
Bill of Rights for Victims and Witnesses of Violent Crime
Act; and the juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights
to the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority examining
the character and fitness of an applicant for a position as a
law enforcement officer to ascertain whether that applicant
was ever adjudicated to be a delinquent minor and, if so, to
examine the records of disposition or evidence which were
made in proceedings under this Act.
(F) Following any adjudication of delinquency for a
crime which would be a felony if committed by an adult, or
following any adjudication of delinquency for a violation of
Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
1961, the State's Attorney shall ascertain whether the minor
respondent is enrolled in school and, if so, shall provide a
copy of the dispositional order to the principal or chief
administrative officer of the school. Access to such
juvenile records shall be limited to the principal or chief
administrative officer of the school and any guidance
counselor designated by him.
(G) Nothing contained in this Act prevents the sharing
or disclosure of information or records relating or
pertaining to juveniles subject to the provisions of the
Serious Habitual Offender Comprehensive Action Program when
that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(H) When a Court hearing a proceeding under Article II
of this Act becomes aware that an earlier proceeding under
Article II had been heard in a different county, that Court
shall request, and the Court in which the earlier proceedings
were initiated shall transmit, an authenticated copy of the
Court record, including all documents, petitions, and orders
filed therein and the minute orders, transcript of
proceedings, and docket entries of the Court.
(I) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required
by the Department of State Police, the final disposition of
each minor who has been arrested or taken into custody before
his or her 17th birthday for those offenses required to be
reported under Section 5 of the Criminal Identification Act.
Information reported to the Department under this Section may
be maintained with records that the Department files under
Section 2.1 of the Criminal Identification Act.
(Source: P.A. 88-45; 88-51; 88-344; 88-467; 88-548, eff.
1-1-95; 88-550, eff. 7-3-94; 88-614, eff. 9-7-94; 88-670,
eff. 12-2-94; 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
89-377, eff. 8-18-95; 89-626, eff. 8-9-96.)
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance
of the minor before the court at the temporary custody
hearing, all witnesses present shall be examined before the
court in relation to any matter connected with the
allegations made in the petition.
(1) If the court finds that there is not probable cause
to believe that the minor is abused, neglected or dependent
it shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is abused, neglected or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. The Department of Children and
Family Services shall give testimony concerning indicated
reports of abuse and neglect, of which they are aware of
through the central registry, involving the minor's parent,
guardian or custodian. After such testimony, the court may,
consistent with if it is in the health, safety and best
interests of the minor, enter an order that the minor shall
be released upon the request of parent, guardian or custodian
if the parent, guardian or custodian appears to take custody.
Custodian shall include any agency of the State which has
been given custody or wardship of the child. If it is
consistent with in the health, safety and best interests of
the minor, the court may also prescribe shelter care and
order that the minor be kept in a suitable place designated
by the court or in a shelter care facility designated by the
Department of Children and Family Services or a licensed
child welfare agency; however, a minor charged with a
criminal offense under the Criminal Code of 1961 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department of Children and Family
Services by any court, except a minor less than 13 years of
age and committed to the Department of Children and Family
Services under Section 5-23 of this Act or a minor for whom
an independent basis of abuse, neglect, or dependency exists,
which must be defined by departmental rule. In placing the
minor, the Department or other agency shall, to the extent
compatible with the court's order, comply with Section 7 of
the Children and Family Services Act. In determining that it
is in the health, safety and best interests of the minor to
prescribe shelter care, the court must find that it is a
matter of immediate and urgent necessity for the safety and
protection of the minor or of the person or property of
another that the minor be placed in a shelter care facility
or that he or she is likely to flee the jurisdiction of the
court, and must further find that reasonable efforts have
been made or that, consistent with the health, safety and in
the best interests of the minor, no efforts reasonably can be
made to prevent or eliminate the necessity of removal of the
minor from his or her home. The court shall require
documentation from the Department of Children and Family
Services as to the reasonable efforts that were made to
prevent or eliminate the necessity of removal of the minor
from his or her home or the reasons why no efforts reasonably
could be made to prevent or eliminate the necessity of
removal. When a minor is placed in the home of a relative,
the Department of Children and Family Services shall complete
a preliminary background review of the members of the minor's
custodian's household in accordance with Section 4.3 of the
Child Care Act of 1969 within 90 days of that placement. If
the minor is ordered placed in a shelter care facility of the
Department of Children and Family Services or a licensed
child welfare agency, the court shall, upon request of the
appropriate Department or other agency, appoint the
Department of Children and Family Services Guardianship
Administrator or other appropriate agency executive temporary
custodian of the minor and the court may enter such other
orders related to the temporary custody as it deems fit and
proper, including the provision of services to the minor or
his family to ameliorate the causes contributing to the
finding of probable cause or to the finding of the existence
of immediate and urgent necessity. Acceptance of services
shall not be considered an admission of any allegation in a
petition made pursuant to this Act, nor may a referral of
services be considered as evidence in any proceeding pursuant
to this Act, except where the issue is whether the Department
has made reasonable efforts to reunite the family. In making
its findings that it is consistent with in the health, safety
and best interests of the minor to prescribe shelter care,
the court shall state in writing (i) the factual basis
supporting its findings concerning the immediate and urgent
necessity for the protection of the minor or of the person or
property of another and (ii) the factual basis supporting its
findings that reasonable efforts were made to prevent or
eliminate the removal of the minor from his or her home or
that no efforts reasonably could be made to prevent or
eliminate the removal of the minor from his or her home. The
parents, guardian, custodian, temporary custodian and minor
shall each be furnished a copy of such written findings. The
temporary custodian shall maintain a copy of the court order
and written findings in the case record for the child. The
order together with the court's findings of fact in support
thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall
not be returned to the parent, custodian or guardian until
the court finds that such placement is no longer necessary
for the protection of the minor.
If the child is placed in the temporary custody of the
Department of Children and Family Services for his or her
protection, the court shall admonish the parents, guardian,
custodian or responsible relative that the parents must
cooperate with the Department of Children and Family
Services, comply with the terms of the service plans, and
correct the conditions which require the child to be in care,
or risk termination of their parental rights.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
is unable to serve notice on the party respondent, the
shelter care hearing may proceed ex-parte. A shelter care
order from an ex-parte hearing shall be endorsed with the
date and hour of issuance and shall be filed with the clerk's
office and entered of record. The order shall expire after 10
days from the time it is issued unless before its expiration
it is renewed, at a hearing upon appearance of the party
respondent, or upon an affidavit of the moving party as to
all diligent efforts to notify the party respondent by notice
as herein prescribed. The notice prescribed shall be in
writing and shall be personally delivered to the minor or the
minor's attorney and to the last known address of the other
person or persons entitled to notice. The notice shall also
state the nature of the allegations, the nature of the order
sought by the State, including whether temporary custody is
sought, and the consequences of failure to appear and shall
contain a notice that the parties will not be entitled to
further written notices or publication notices of proceedings
in this case, including the filing of an amended petition or
a motion to terminate parental rights, except as required by
Supreme Court Rule 11; and shall explain the right of the
parties and the procedures to vacate or modify a shelter care
order as provided in this Section. The notice for a shelter
care hearing shall be substantially as follows:
NOTICE TO PARENTS AND CHILDREN
OF SHELTER CARE HEARING
On ................ at ........., before the
Honorable ................, (address:) .................,
the State of Illinois will present evidence (1) that
(name of child or children) ....................... are
abused, neglected or dependent for the following reasons:
.............................................. and (2)
that there is "immediate and urgent necessity" to remove
the child or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a
trial can be held. A trial may not be held for up to 90
days. You will not be entitled to further notices of
proceedings in this case, including the filing of an
amended petition or a motion to terminate parental
rights.
At the shelter care hearing, parents have the
following rights:
1. To ask the court to appoint a lawyer if
they cannot afford one.
2. To ask the court to continue the hearing to
allow them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children
were abused, neglected or dependent.
b. Whether or not there is "immediate and
urgent necessity" to remove the child from home
(including: their ability to care for the
child, conditions in the home, alternative
means of protecting the child other than
removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to
................, you have the right to request a full
rehearing on whether the State should have temporary
custody of ................. To request this rehearing,
you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by
mailing a statement (affidavit) setting forth the
following:
1. That you were not present at the shelter
care hearing.
2. That you did not get adequate notice
(explaining how the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within one day of
your filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice
explains those rights.
At the Shelter Care Hearing, children have the
following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and
to present testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other
parties.
4. To obtain an explanation of any proceedings
and orders of the court.
(4) If the parent, guardian, legal custodian,
responsible relative, minor age 8 or over, or counsel of the
minor did not have actual notice of or was not present at the
shelter care hearing, he or she may file an affidavit setting
forth these facts, and the clerk shall set the matter for
rehearing not later than 48 hours, excluding Sundays and
legal holidays, after the filing of the affidavit. At the
rehearing, the court shall proceed in the same manner as upon
the original hearing.
(5) Only when there is reasonable cause to believe that
the minor taken into custody is a person described in Section
5-3 may the minor be kept or detained in a detention home or
county or municipal jail. This Section shall in no way be
construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of
prisoners in a police station. Minors under 17 years of age
must be kept separate from confined adults and may not at any
time be kept in the same cell, room, or yard with adults
confined pursuant to the criminal law.
(7) If the minor is not brought before a judicial
officer within the time period as specified in Section 2-9,
the minor must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not
later than 7 days after the original order and shall issue a
summons directed to the parent, guardian or custodian to
appear. At the same time the probation department shall
prepare a report on the minor. If a parent, guardian or
custodian does not appear at such rehearing, the judge may
enter an order prescribing that the minor be kept in a
suitable place designated by the Department of Children and
Family Services or a licensed child welfare agency.
(9) Notwithstanding any other provision of this Section
any interested party, including the State, the temporary
custodian, an agency providing services to the minor or
family under a service plan pursuant to Section 8.2 of the
Abused and Neglected Child Reporting Act, foster parent, or
any of their representatives, on notice to all parties
entitled to notice, may file a motion that it is in the best
interests of the minor to modify or vacate a temporary
custody order on any of the following grounds:
(a) It is no longer a matter of immediate and
urgent necessity that the minor remain in shelter care;
or
(b) There is a material change in the circumstances
of the natural family from which the minor was removed
and the child can be cared for at home without
endangering the child's health or safety; or
(c) A person not a party to the alleged abuse,
neglect or dependency, including a parent, relative or
legal guardian, is capable of assuming temporary custody
of the minor; or
(d) Services provided by the Department of Children
and Family Services or a child welfare agency or other
service provider have been successful in eliminating the
need for temporary custody and the child can be cared for
at home without endangering the child's health or safety.
In ruling on the motion, the court shall determine
whether it is consistent with in the health, safety and best
interests of the minor to modify or vacate a temporary
custody order.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the
court modifies or vacates a temporary custody order but does
not vacate its finding of probable cause, the court may order
that appropriate services be continued or initiated in behalf
of the minor and his or her family.
(10) When the court finds or has found that there is
probable cause to believe a minor is an abused minor as
described in subsection (2) of Section 2-3 and that there is
an immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall
be presumed for any other minor residing in the same
household as the abused minor provided:
(a) Such other minor is the subject of an abuse or
neglect petition pending before the court; and
(b) A party to the petition is seeking shelter care
for such other minor.
Once the presumption of immediate and urgent necessity
has been raised, the burden of demonstrating the lack of
immediate and urgent necessity shall be on any party that is
opposing shelter care for the other minor.
(Source: P.A. 88-7; 88-491; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 89-21, eff. 7-1-95; 89-422; 89-582, eff. 1-1-97;
89-626, eff. 8-9-96.)
(705 ILCS 405/2-10.1) (from Ch. 37, par. 802-10.1)
Sec. 2-10.1. Whenever a minor is placed in shelter care
with the Department or a licensed child welfare agency in
accordance with Section 2-10, the Department or agency, as
appropriate, shall prepare and file with the court within 45
days of placement under Section 2-10 a case plan which
complies with the federal Adoption Assistance and Child
Welfare Act of 1980 and is consistent with in the health,
safety and best interests of the minor.
(Source: P.A. 88-487.)
(705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
(Text of Section before amendment by P.A. 89-704)
Sec. 2-13. Petition; supplemental petitions.
(1) Any adult person, any agency or association by its
representative may file, or the court on its own motion in
the best interests of the minor may direct the filing through
the State's Attorney of a petition in respect of a minor
under this Act. The petition and all subsequent court
documents shall be entitled "In the interest of ...., a
minor".
(2) The petition shall be verified but the statements
may be made upon information and belief. It shall allege that
the minor is abused, neglected, or dependent, with citations
to the appropriate provisions of this Act, and set forth (a)
facts sufficient to bring the minor under Section 2-3 or 2-4
and to inform respondents of the cause of action, including,
but not limited to, a plain and concise statement of the
factual allegations that form the basis for the filing of the
petition; (b) the name, age and residence of the minor; (c)
the names and residences of his parents; (d) the name and
residence of his legal guardian or the person or persons
having custody or control of the minor, or of the nearest
known relative if no parent or guardian can be found; and (e)
if the minor upon whose behalf the petition is brought is
sheltered in custody, the date on which such temporary
custody was ordered by the court or the date set for a
temporary custody hearing. If any of the facts herein
required are not known by the petitioner, the petition shall
so state.
(3) The petition must allege that it is in the best
interests of the minor and of the public that he be adjudged
a ward of the court and may pray generally for relief
available under this Act. The petition need not specify any
proposed disposition following adjudication of wardship.
(4) If appointment of a guardian of the person with
power to consent to adoption of the minor under Section 2-29
is sought, the petition shall so state.
(5) At any time before dismissal of the petition or
before final closing and discharge under Section 2-31, one or
more supplemental petitions in the best interests of the
minor may be filed in respect of the same minor. The
supplemental petition shall specify sufficient facts in
support of the relief requested. The court shall liberally
allow the petitioner to amend the petition to set forth a
cause of action or to add, amend, or supplement factual
allegations that form the basis for a cause of action up
until 14 days before the adjudicatory hearing. The
petitioner may amend the petition after that date and prior
to the adjudicatory hearing if the court grants leave to
amend upon a showing of good cause. The court may allow
amendment of the petition to conform with the evidence at any
time prior to ruling. In all cases in which the court has
granted leave to amend based on new evidence or new
allegations, the court shall permit the respondent an
adequate opportunity to prepare a defense to the amended
petition.
(Source: P.A. 88-7; 88-614, eff. 9-7-94.)
(Text of Section after amendment by P.A. 89-704)
Sec. 2-13. Petition; supplemental petitions.
(1) Any adult person, any agency or association by its
representative may file, or the court on its own motion,
consistent with in the health, safety and best interests of
the minor may direct the filing through the State's Attorney
of a petition in respect of a minor under this Act. The
petition and all subsequent court documents shall be entitled
"In the interest of ...., a minor".
(2) The petition shall be verified but the statements
may be made upon information and belief. It shall allege that
the minor is abused, neglected, or dependent, with citations
to the appropriate provisions of this Act, and set forth (a)
facts sufficient to bring the minor under Section 2-3 or 2-4
and to inform respondents of the cause of action, including,
but not limited to, a plain and concise statement of the
factual allegations that form the basis for the filing of the
petition; (b) the name, age and residence of the minor; (c)
the names and residences of his parents; (d) the name and
residence of his legal guardian or the person or persons
having custody or control of the minor, or of the nearest
known relative if no parent or guardian can be found; and (e)
if the minor upon whose behalf the petition is brought is
sheltered in custody, the date on which such temporary
custody was ordered by the court or the date set for a
temporary custody hearing. If any of the facts herein
required are not known by the petitioner, the petition shall
so state.
(3) The petition must allege that it is in the best
interests of the minor and of the public that he be adjudged
a ward of the court and may pray generally for relief
available under this Act. The petition need not specify any
proposed disposition following adjudication of wardship.
(4) If termination of parental rights and appointment of
a guardian of the person with power to consent to adoption of
the minor under Section 2-29 is sought, the petition shall so
state. If the petition includes this request, the prayer for
relief shall clearly and obviously state that the parents
could permanently lose their rights as a parent at this
hearing.
In addition to the foregoing, the petitioner, by motion,
may request the termination of parental rights and
appointment of a guardian of the person with power to consent
to adoption of the minor under Section 2-29 at any time after
the entry of a dispositional order under Section 2-22.
(5) At any time before dismissal of the petition or
before final closing and discharge under Section 2-31, one or
more supplemental petitions in the best interests of the
minor may be filed in respect of the same minor. The
supplemental petition shall specify sufficient facts in
support of the relief requested. The court shall liberally
allow the petitioner to amend the petition to set forth a
cause of action or to add, amend, or supplement factual
allegations that form the basis for a cause of action up
until 14 days before the adjudicatory hearing. The
petitioner may amend the petition after that date and prior
to the adjudicatory hearing if the court grants leave to
amend upon a showing of good cause. The court may allow
amendment of the petition to conform with the evidence at any
time prior to ruling. In all cases in which the court has
granted leave to amend based on new evidence or new
allegations, the court shall permit the respondent an
adequate opportunity to prepare a defense to the amended
petition.
(6) At any time before dismissal of the petition or
before final closing and discharge under Section 2-31, one or
more motions in the best interests of the minor may be filed.
The motion shall specify sufficient facts in support of the
relief requested.
(Source: P.A. 88-7; 88-614, eff. 9-7-94; 89-704, eff.
1-1-98.)
(705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
Sec. 2-14. Date for Adjudicatory Hearing.
(a) Purpose and policy. The legislature recognizes that
serious delay in the adjudication of abuse, neglect, or
dependency cases can cause grave harm to the minor and the
family and that it frustrates the health, safety and best
interests of the minor and the effort to establish permanent
homes for children in need. The purpose of this Section is
to insure that, consistent with the federal Adoption
Assistance and Child Welfare Act of 1980, Public Law 96-272,
as amended, and the intent of this Act, the State of Illinois
will act in a just and speedy manner to determine the best
interests of the minor, including providing for the safety of
the minor, identifying families in need, reunifying families
where the minor can be cared for at home without endangering
the minor's health or safety and it is in the best interests
of the minor, and, if reunification is not consistent with in
the health, safety and best interests of the minor, finding
another permanent home for the minor.
(b) When a petition is filed alleging that the minor is
abused, neglected or dependent, an adjudicatory hearing shall
be held within 90 days of the date of service of process upon
the minor, parents, any guardian and any legal custodian.
(c) Upon written motion of a party filed no later than
10 days prior to hearing, or upon the court's own motion and
only for good cause shown, the Court may continue the hearing
for a period not to exceed 30 days, and only if the
continuance is consistent with in the health, safety and best
interests of the minor. When the court grants a continuance,
it shall enter specific factual findings to support its
order, including factual findings supporting the court's
determination that the continuance is in the best interests
of the minor. Only one such continuance shall be granted. A
period of continuance for good cause as described in this
Section shall temporarily suspend as to all parties, for the
time of the delay, the period within which a hearing must be
held. On the day of the expiration of the delay, the period
shall continue at the point at which it was suspended.
The term "good cause" as applied in this Section shall be
strictly construed and be in accordance with Supreme Court
Rule 231 (a) through (f). Neither stipulation by counsel nor
the convenience of any party constitutes good cause. If the
adjudicatory hearing is not heard within the time limits
required by subsection (b) or (c) of this Section, upon
motion by any party the petition shall be dismissed without
prejudice.
(d) The time limits of this Section may be waived only
by consent of all parties and approval by the court.
(e) For all cases filed before July 1, 1991, an
adjudicatory hearing must, be held within 180 days of July 1,
1991.
(Source: P.A. 88-7.)
(705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
Sec. 2-15. Summons. (1) When a petition is filed, the
clerk of the court shall issue a summons with a copy of the
petition attached. The summons shall be directed to the
minor's legal guardian or custodian and to each person named
as a respondent in the petition, except that summons need not
be directed to a minor respondent under 8 years of age for
whom the court appoints a guardian ad litem if the guardian
ad litem appears on behalf of the minor in any proceeding
under this Act.
(2) The summons must contain a statement that the minor
or any of the respondents is entitled to have an attorney
present at the hearing on the petition, and that the clerk of
the court should be notified promptly if the minor or any
other respondent desires to be represented by an attorney but
is financially unable to employ counsel.
(3) The summons shall be issued under the seal of the
court, attested in and signed with the name of the clerk of
the court, dated on the day it is issued, and shall require
each respondent to appear and answer the petition on the date
set for the adjudicatory hearing. The summons shall contain a
notice that the parties will not be entitled to further
written notices or publication notices of proceedings in this
case, including the filing of an amended petition or a motion
to terminate parental rights.
(4) The summons may be served by any county sheriff,
coroner or probation officer, even though the officer is the
petitioner. The return of the summons with endorsement of
service by the officer is sufficient proof thereof.
(5) Service of a summons and petition shall be made by:
(a) leaving a copy thereof with the person summoned at least
3 days before the time stated therein for appearance; (b)
leaving a copy at his usual place of abode with some person
of the family, of the age of 10 years or upwards, and
informing that person of the contents thereof, provided the
officer or other person making service shall also send a copy
of the summons in a sealed envelope with postage fully
prepaid, addressed to the person summoned at his usual place
of abode, at least 3 days before the time stated therein for
appearance; or (c) leaving a copy thereof with the guardian
or custodian of a minor, at least 3 days before the time
stated therein for appearance. If the guardian or custodian
is an agency of the State of Illinois, proper service may be
made by leaving a copy of the summons and petition with any
administrative employee of such agency designated by such
agency to accept service of summons and petitions. The
certificate of the officer or affidavit of the person that he
has sent the copy pursuant to this Section is sufficient
proof of service.
(6) When a parent or other person, who has signed a
written promise to appear and bring the minor to court or who
has waived or acknowledged service, fails to appear with the
minor on the date set by the court, a bench warrant may be
issued for the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition,
in any proceeding under this Act shall constitute a waiver of
service of summons and submission to the jurisdiction of the
court, except that the filing of a special appearance
authorized under Section 2-301 of the Code of Civil Procedure
does not constitute an appearance under this subsection. A
copy of the summons and petition shall be provided to the
person at the time of his appearance.
(Source: P.A. 86-441.)
(705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
Sec. 2-16. Notice by certified mail or publication.
(1) If service on individuals as provided in Section
2-15 is not made on any respondent within a reasonable time
or if it appears that any respondent resides outside the
State, service may be made by certified mail. In such case
the clerk shall mail the summons and a copy of the petition
to that respondent by certified mail marked for delivery to
addressee only. The court shall not proceed with the
adjudicatory hearing until 5 days after such mailing. The
regular return receipt for certified mail is sufficient proof
of service.
(2) Where a respondent's usual place of abode is not
known, a diligent inquiry shall be made to ascertain the
respondent's current and last known address. The Department
of Children and Family Services shall adopt rules defining
the requirements for conducting a diligent search to locate
parents of minors in the custody of the Department. If, after
diligent inquiry, the usual place of abode cannot be
reasonably ascertained, or if respondent is concealing his or
her whereabouts to avoid service of process, petitioner's
attorney shall file an affidavit at the office of the clerk
of court in which the action is pending showing that
respondent on due inquiry cannot be found or is concealing
his or her whereabouts so that process cannot be served. The
affidavit shall state the last known address of the
respondent. The affidavit shall also state what efforts were
made to effectuate service. Within 3 days of receipt of the
affidavit, the clerk shall issue publication service as
provided below. The clerk shall also send a copy thereof by
mail addressed to each respondent listed in the affidavit at
his or her last known address. The clerk of the court as soon
as possible shall cause publication to be made once in a
newspaper of general circulation in the county where the
action is pending. Notice by publication is not required in
any case when the person alleged to have legal custody of the
minor has been served with summons personally or by certified
mail, but the court may not enter any order or judgment
against any person who cannot be served with process other
than by publication unless notice by publication is given or
unless that person appears. When a minor has been sheltered
under Section 2-10 of this Act and summons has not been
served personally or by certified mail within 20 days from
the date of the order of court directing such shelter care,
the clerk of the court shall cause publication. Notice by
publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the named
respondents, if any) and to All Whom It May Concern (if there
is any respondent under that designation):
Take notice that on the .... day of ...., 19.. a
petition was filed under the Juvenile Court Act by .... in
the circuit court of .... county entitled 'In the interest of
...., a minor', and that in .... courtroom at .... on the
.... day of .... at the hour of ...., or as soon thereafter
as this cause may be heard, an adjudicatory hearing will be
held upon the petition to have the child declared to be a
ward of the court under that Act. The court has authority in
this proceeding to take from you the custody and guardianship
of the minor., (and If the petition requests the termination
of your parental rights and prays for the appointment of a
guardian with power to consent to adoption, you may lose all
parental rights to the child) and to appoint a guardian with
power to consent to adoption of the minor. Unless you appear
you will not be entitled to further written notices or
publication notices of the proceedings in this case,
including the filing of an amended petition or a motion to
terminate parental rights.
Now, unless you appear at the hearing and show cause
against the petition, the allegations of the petition may
stand admitted as against you and each of you, and an order
or judgment entered.
......................
Clerk
Dated (the date of publication)"
(3) The clerk shall also at the time of the publication
of the notice send a copy thereof by mail to each of the
respondents on account of whom publication is made at his or
her last known address. The certificate of the clerk that he
or she has mailed the notice is evidence thereof. No other
publication notice is required. Every respondent notified by
publication under this Section must appear and answer in open
court at the hearing. The court may not proceed with the
adjudicatory hearing until 10 days after service by
publication on any parent, guardian or legal custodian in the
case of a minor described in Section 2-3 or 2-4.
(4) If it becomes necessary to change the date set for
the hearing in order to comply with Section 2-14 or with this
Section, notice of the resetting of the date must be given,
by certified mail or other reasonable means, to each
respondent who has been served with summons personally or by
certified mail.
(Source: P.A. 88-614, eff. 9-7-94.)
(705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
Sec. 2-17. Guardian ad litem.
(1) Immediately upon the filing of a petition alleging
that the minor is a person described in Sections 2-3 or 2-4
of this Article, the court shall appoint a guardian ad litem
for the minor if:
(a) such petition alleges that the minor is an
abused or neglected child; or
(b) such petition alleges that charges alleging the
commission of any of the sex offenses defined in Article
11 or in Sections 12-13, 12-14, 12-14.1, 12-15 or 12-16
of the Criminal Code of 1961, as amended, have been filed
against a defendant in any court and that such minor is
the alleged victim of the acts of defendant in the
commission of such offense.
Unless the guardian ad litem appointed pursuant to this
paragraph (1) is an attorney at law he shall be represented
in the performance of his duties by counsel. The guardian ad
litem shall represent the best interests of the minor and
shall present recommendations to the court consistent with
that duty.
(2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if
(a) no parent, guardian, custodian or relative of
the minor appears at the first or any subsequent hearing
of the case;
(b) the petition prays for the appointment of a
guardian with power to consent to adoption; or
(c) the petition for which the minor is before the
court resulted from a report made pursuant to the Abused
and Neglected Child Reporting Act.
(3) The court may appoint a guardian ad litem for the
minor whenever it finds that there may be a conflict of
interest between the minor and his parents or other custodian
or that it is otherwise in the minor's best interest to do
so.
(4) Unless the guardian ad litem is an attorney, he
shall be represented by counsel.
(5) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and charged to
the parents of the minor, to the extent they are able to pay.
If the parents are unable to pay those fees, they shall be
paid from the general fund of the county.
Whenever the petition alleges that the minor is neglected
or abused because of physical abuse inflicted by the parent
or guardian the guardian ad litem must have at least one face
to face interview with the minor before the beginning of the
adjudicatory hearing.
(6) A guardian ad litem appointed under this Section,
shall receive copies of any and all classified reports of
child abuse and neglect made under the Abused and Neglected
Child Reporting Act in which the minor who is the subject of
a report under the Abused and Neglected Child Reporting Act,
is also the minor for whom the guardian ad litem is appointed
under this Section.
(7) In counties with a population less than 3,000,000,
the appointed guardian ad litem shall remain the child's
guardian ad litem throughout the entire juvenile trial court
proceedings, including permanency hearings and termination of
parental rights proceedings, unless there is a substitution
entered by order of the court.
(8) In counties with a population of less than
3,000,000, the guardian ad litem shall have a minimum of 2
in-person contacts with the minor and the current foster
parents or caregiver prior to the adjudicatory hearing, and
at least one additional in-person contact with the child and
the current foster parents or caregiver prior to each
permanency hearing.
(9) In counties with a population of 100,000 or more but
less than 3,000,000, each guardian ad litem must successfully
complete a training program approved by the Department of
Children and Family Services. The Department of Children and
Family Services shall provide training materials and
documents to guardians ad litem who are not mandated to
attend the training program. The Department of Children and
Family Services shall develop and distribute to all guardians
ad litem a bibliography containing information including but
not limited to the juvenile court process, termination of
parental rights, child development, medical aspects of child
abuse, and the child's need for safety and permanence.
(Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)
(705 ILCS 405/2-17.1)
Sec. 2-17.1. Court appointed special advocate.
(1) The court may appoint a special advocate upon the
filing of a petition under this Article or at any time during
the pendency of a proceeding under this Article. Except in
counties with a population over 3,000,000, the court
appointed special advocate may also serve as guardian ad
litem by appointment of the court under Section 2-17 of this
Act.
(2) The court appointed special advocate shall act as a
monitor and shall be notified of all administrative case
reviews pertaining to the minor and work with the parties'
attorneys, the guardian ad litem, and others assigned to the
minor's case to protect the minor's health, safety and best
interests and insure the proper delivery of child welfare
services. The court may consider, at its discretion,
testimony of the court appointed special advocate pertaining
to the well-being of the child.
(3) Court appointed special advocates shall serve as
volunteers without compensation and shall receive training
consistent with nationally developed standards.
(4) No person convicted of a criminal offense as
specified in Section 4.2 of the Child Care Act of 1969 and no
person identified as a perpetrator of an act of child abuse
or neglect as reflected in the Department of Children and
Family Services State Central Register shall serve as a court
appointed special advocate.
(5) All costs associated with the appointment and duties
of the court appointed special advocate shall be paid by the
court appointed special advocate or an organization of court
appointed special advocates. In no event shall the court
appointed special advocate be liable for any costs of
services provided to the child.
(6) The court may remove the court appointed special
advocate or the guardian ad litem from a case upon finding
that the court appointed special advocate or the guardian ad
litem has acted in a manner contrary to the child's best
interest or if the court otherwise deems continued service is
unwanted or unnecessary.
(7) (a) In any county in which a program of court
appointed special advocates is in operation, the provisions
of this Section shall apply unless the county board of that
county, by resolution, determines that the county shall not
be governed by this Section.
(Source: P.A. 88-97.)
(705 ILCS 405/2-20) (from Ch. 37, par. 802-20)
Sec. 2-20. Continuance under supervision.
(1) The court may enter an order of continuance under
supervision (a) upon an admission or stipulation by the
appropriate respondent or minor respondent of the facts
supporting the petition and before proceeding to findings and
adjudication, or after hearing the evidence at the
adjudicatory hearing but before noting in the minutes of
proceeding a finding of whether or not the minor is abused,
neglected or dependent; and (b) in the absence of objection
made in open court by the minor, his parent, guardian,
custodian, responsible relative, defense attorney or the
State's Attorney.
(2) If the minor, his parent, guardian, custodian,
responsible relative, defense attorney or the State's
Attorney, objects in open court to any such continuance and
insists upon proceeding to findings and adjudication, the
court shall so proceed.
(3) Nothing in this Section limits the power of the
court to order a continuance of the hearing for the
production of additional evidence or for any other proper
reason.
(4) When a hearing where a minor is alleged to be
abused, neglected or dependent is continued pursuant to this
Section, the court may permit the minor to remain in his home
if the court determines and makes written factual findings
that the minor can be cared for at home without endangering
his or her health or safety and that it is in the minor's
best interests to do so, subject to such conditions
concerning his conduct and supervision as the court may
require by order.
(5) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that such
condition of supervision has not been fulfilled the court may
proceed to findings and adjudication and disposition. The
filing of a petition for violation of a condition of the
continuance under supervision shall toll the period of
continuance under supervision until the final determination
of the charge, and the term of the continuance under
supervision shall not run until the hearing and disposition
of the petition for violation; provided where the petition
alleges conduct that does not constitute a criminal offense,
the hearing must be held within 15 days of the filing of the
petition unless a delay in such hearing has been occasioned
by the minor, in which case the delay shall continue the
tolling of the period of continuance under supervision for
the period of such delay.
(Source: P.A. 88-7.)
(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
(Text of Section before amendment by P.A. 89-704)
Sec. 2-21. Findings and adjudication.
(1) After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent.
If it finds that the minor is not such a person, the court
shall order the petition dismissed and the minor discharged.
The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.
If the court finds that the minor is abused, neglected,
or dependent, the court shall then determine and put in
writing the factual basis supporting the determination of
whether the abuse, neglect, or dependency is the result of
physical abuse to the minor inflicted by a parent, guardian,
or legal custodian. That finding shall appear in the order
of the court.
(2) If the court determines and puts in writing the
factual basis supporting the determination that the minor is
either abused or neglected or dependent, the court shall then
set a time not later than 30 days after the entry of the
finding for a dispositional hearing to be conducted under
Section 2-22 at which hearing the court shall determine
whether it is in the best interests of the minor and the
public that he be made a ward of the court. To assist the
court in making this and other determinations at the
dispositional hearing, the court may order that an
investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history
and condition, family situation and background, economic
status, education, occupation, history of delinquency or
criminality, personal habits, and any other information that
may be helpful to the court. The dispositional hearing may
be continued once for a period not to exceed 30 days if the
court finds that such continuance is necessary to complete
the dispositional report.
(3) The time limits of this Section may be waived only
by consent of all parties and approval by the court, as
determined to be in the best interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be
held within 90 days of July 1, 1991.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94.)
(Text of Section after amendment by P.A. 89-704)
Sec. 2-21. Findings and adjudication.
(1) The court shall state for the record the manner in
which the parties received service of process and shall note
whether the return or returns of service, postal return
receipt or receipts for notice by certified mail, or
certificate or certificates of publication have been filed in
the court record. The court shall default any parent who has
been served in any manner and fails to appear.
No further service of process as defined in Sections 2-15
and 2-16 is required in any subsequent proceeding for a
parent who was served in any manner.
The caseworker shall testify about the diligent search
conducted for the parent.
After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent.
If it finds that the minor is not such a person, the court
shall order the petition dismissed and the minor discharged.
The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.
If the court finds that the minor is abused, neglected,
or dependent, the court shall then determine and put in
writing the factual basis supporting the determination of
whether the abuse, neglect, or dependency is the result of
physical abuse to the minor inflicted by a parent, guardian,
or legal custodian. That finding shall appear in the order
of the court.
If the court finds that the child has been abused,
neglected or dependent, the court shall admonish the parents
that they must cooperate with the Department of Children and
Family Services, comply with the terms of the service plan,
and correct the conditions that require the child to be in
care, or risk termination of parental rights.
(2) If the court determines and puts in writing the
factual basis supporting the determination that the minor is
either abused or neglected or dependent, the court shall then
set a time not later than 30 days after the entry of the
finding for a dispositional hearing to be conducted under
Section 2-22 at which hearing the court shall determine
whether it is consistent with in the health, safety and best
interests of the minor and the public that he be made a ward
of the court. To assist the court in making this and other
determinations at the dispositional hearing, the court may
order that an investigation be conducted and a dispositional
report be prepared concerning the minor's physical and mental
history and condition, family situation and background,
economic status, education, occupation, history of
delinquency or criminality, personal habits, and any other
information that may be helpful to the court. The
dispositional hearing may be continued once for a period not
to exceed 30 days if the court finds that such continuance is
necessary to complete the dispositional report.
(3) The time limits of this Section may be waived only
by consent of all parties and approval by the court, as
determined to be consistent with in the health, safety and
best interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be
held within 90 days of July 1, 1991.
(5) The court may terminate the parental rights of a
parent at the initial dispositional hearing if all of the
following conditions are met:
(i) the original or, amended, or supplemental
petition contains a request for termination of parental
rights and appointment of a guardian with power to
consent to adoption; and
(ii) the court has found by a preponderance of
evidence, introduced or stipulated to at an adjudicatory
hearing, that the child comes under the jurisdiction of
the court as an abused, neglected, or dependent minor
under Section 2-18; and
(iii) the court finds, on the basis of clear and
convincing legally admissible evidence admitted
introduced or stipulated to at the adjudicatory hearing
or at the dispositional hearing, that the parent is an
unfit person under subdivision D of Section 1 of the
Adoption Act; and
(iv) the court determines in accordance with the
rules of evidence for dispositional proceedings, that:
(A) it is in the best interest of the minor
and public that the child be made a ward of the
court; and
(A-5) reasonable efforts under subsection
(l-1) of Section 5 of the Children and Family
Services Act are inappropriate or such efforts were
made and were unsuccessful; and
(B) termination of parental rights and
appointment of a guardian with power to consent to
adoption is in the best interest of the child
pursuant to Section 2-29.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 89-704, eff. 1-1-98.)
(705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
Sec. 2-22. Dispositional hearing; evidence; continuance.
(1) At the dispositional hearing, the court shall
determine whether it is in the best interests of the minor
and the public that he be made a ward of the court, and, if
he is to be made a ward of the court, the court shall
determine the proper disposition best serving the health,
safety and interests of the minor and the public. The court
also shall consider the permanency goal set for the minor,
the nature of the service plan for the minor and the services
delivered and to be delivered under the plan. All evidence
helpful in determining these questions, including oral and
written reports, may be admitted and may be relied upon to
the extent of its probative value, even though not competent
for the purposes of the adjudicatory hearing.
(2) Notice in compliance with Supreme Court Rule 11
Sections 2-15 and 2-16 must be given to all
parties-respondent prior to proceeding to a dispositional
hearing. Before making an order of disposition the court
shall advise the State's Attorney, the parents, guardian,
custodian or responsible relative or their counsel of the
factual contents and the conclusions of the reports prepared
for the use of the court and considered by it, and afford
fair opportunity, if requested, to controvert them. The court
may order, however, that the documents containing such
reports need not be submitted to inspection, or that sources
of confidential information need not be disclosed except to
the attorneys for the parties. Factual contents, conclusions,
documents and sources disclosed by the court under this
paragraph shall not be further disclosed without the express
approval of the court pursuant to an in camera hearing.
(3) A record of a prior continuance under supervision
under Section 2-20, whether successfully completed with
regard to the child's health, safety and best interest, or
not, is admissible at the dispositional hearing.
(4) On its own motion or that of the State's Attorney, a
parent, guardian, custodian, responsible relative or counsel,
the court may adjourn the hearing for a reasonable period to
receive reports or other evidence, if the adjournment is
consistent with in the health, safety and best interests of
the minor, but in no event shall continuances be granted so
that the dispositional hearing occurs more than 6 12 months
after the initial removal of a minor from his or her home. In
scheduling investigations and hearings, the court shall give
priority to proceedings in which a minor has been removed
from his or her home before an order of disposition has been
made.
(5) Unless already set by the court, at the conclusion
of the dispositional hearing, the court shall set the date
for the first permanency hearing, to be conducted under
subsection (2) of Section 2-28, which shall be held no later
than 12 16 months after the minor is taken into temporary
custody.
(6) When the court declares a child to be a ward of the
court and awards guardianship to the Department of Children
and Family Services, the court shall admonish the parents,
guardian, custodian or responsible relative that the parents
must cooperate with the Department of Children and Family
Services, comply with the terms of the service plans, and
correct the conditions which require the child to be in care,
or risk termination of their parental rights.
(Source: P.A. 88-7; 88-487; 88-670, eff. 12-2-94; 89-17, eff.
5-31-95.)
(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
Sec. 2-23. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be
made in respect of wards of the court:
(a) A minor under 18 years of age found to be
neglected or abused under Section 2-3 may be (1)
continued in the custody of his or her parents, guardian
or legal custodian; (2) placed in accordance with Section
2-27; or (3) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation of
Mature Minors Act.
However, in any case in which a minor is found by
the court to be neglected or abused under Section 2-3 of
this Act, custody of the minor shall not be restored to
any parent, guardian or legal custodian found by the
court to have caused the neglect or to have inflicted the
abuse on the minor, unless it is in the best interests of
the minor, until such time as a hearing is held on the
issue of the best interests of the minor and the fitness
of such parent, guardian or legal custodian to care for
the minor without endangering the minor's health or
safety, and the court enters an order that such parent,
guardian or legal custodian is fit to care for the minor.
(b) A minor under 18 years of age found to be
dependent under Section 2-4 may be (1) placed in
accordance with Section 2-27 or (2) ordered partially or
completely emancipated in accordance with the provisions
of the Emancipation of Mature Minors Act.
However, in any case in which a minor is found by
the court to be dependent under Section 2-4 of this Act
and the court has made a further finding under paragraph
(2) of Section 2-21 that such dependency is the result of
physical abuse, custody of the minor shall not be
restored to any parent, guardian or legal custodian found
by the court to have inflicted physical abuse on the
minor until such time as a hearing is held on the issue
of the fitness of such parent, guardian or legal
custodian to care for the minor without endangering the
minor's health or safety, and the court enters an order
that such parent, guardian or legal custodian is fit to
care for the minor.
(c) When the court awards guardianship to the
Department of Children and Family Services, the court
shall order the parents to cooperate with the Department
of Children and Family Services, comply with the terms of
the service plans, and correct the combinations that
require the child to be in care, or risk termination of
their parental rights.
(d) When the court orders a child restored to the
custody of the parent or parents, the court shall order
the parent or parents to cooperate with the Department of
Children and Family Services and comply with the terms of
an after-care plan, or risk the loss of custody of the
child and the possible termination of their parental
rights.
(2) Any order of disposition may provide for protective
supervision under Section 2-24 and may include an order of
protection under Section 2-25.
Unless the order of disposition expressly so provides, it
does not operate to close proceedings on the pending
petition, but is subject to modification, not inconsistent
with Section 2-28, until final closing and discharge of the
proceedings under Section 2-31.
(3) The court also shall enter any other orders
necessary to fulfill the service plan, including, but not
limited to, (i) orders requiring parties to cooperate with
services, (ii) restraining orders controlling the conduct of
any party likely to frustrate the achievement of the goal,
and (iii) visiting orders. Unless otherwise specifically
authorized by law, the court is not empowered under this
subsection (3) to order specific placements, specific
services, or specific service providers to be included in the
plan. If the court concludes that the Department of Children
and Family Services has abused its discretion in setting the
current service plan or permanency goal for the minor, the
court shall enter specific findings in writing based on the
evidence and shall enter an order for the Department to
develop and implement a new permanency goal and service plan
consistent with the court's findings. The new service plan
shall be filed with the court and served on all parties. The
court shall continue the matter until the new service plan is
filed.
(4) In addition to any other order of disposition, the
court may order any minor adjudicated neglected with respect
to his or her own injurious behavior to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentence hearing" referred to therein shall be
the dispositional hearing for purposes of this Section. The
parent, guardian or legal custodian of the minor may pay some
or all of such restitution on the minor's behalf.
(5) Any order for disposition where the minor is
committed or placed in accordance with Section 2-27 shall
provide for the parents or guardian of the estate of such
minor to pay to the legal custodian or guardian of the person
of the minor such sums as are determined by the custodian or
guardian of the person of the minor as necessary for the
minor's needs. Such payments may not exceed the maximum
amounts provided for by Section 9.1 of the Children and
Family Services Act.
(6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(Source: P.A. 88-7; 88-487; 88-670, eff. 12-2-94; 89-17, eff.
5-31-95; 89-235, eff. 8-4-95.)
(705 ILCS 405/2-24) (from Ch. 37, par. 802-24)
Sec. 2-24. Protective supervision.
(1) If the order of disposition, following a
determination of the best interests of the minor, releases
the minor to the custody of his parents, guardian or legal
custodian, or continues him in such custody, the court may,
if it is in the health, safety and best interests of the
minor require, place the person having custody of the minor,
except for representatives of private or public agencies or
governmental departments, under supervision of the probation
office.
(2) An order of protective supervision may require the
parent to present the child for periodic medical
examinations, which shall include an opportunity for medical
personnel to speak with and examine the child outside the
presence of the parent. The results of the medical
examinations conducted in accordance with this Section shall
be made available to the Department, the guardian ad litem,
and the court.
(3) Rules or orders of court shall define the terms and
conditions of protective supervision, which may be modified
or terminated when the court finds that the health, safety
and best interests of the minor and the public will be served
thereby.
(Source: P.A. 88-7.)
(705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
Sec. 2-25. Order of protection.
(1) The court may make an order of protection in
assistance of or as a condition of any other order authorized
by this Act. The order of protection shall be based on the
health, safety and best interests of the minor and may set
forth reasonable conditions of behavior to be observed for a
specified period. Such an order may require a person:
(a) To stay away from the home or the minor;
(b) To permit a parent to visit the minor at stated
periods;
(c) To abstain from offensive conduct against the
minor, his parent or any person to whom custody of the
minor is awarded;
(d) To give proper attention to the care of the
home;
(e) To cooperate in good faith with an agency to
which custody of a minor is entrusted by the court or
with an agency or association to which the minor is
referred by the court;
(f) To prohibit and prevent any contact whatsoever
with the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) To refrain from acts of commission or omission
that tend to make the home not a proper place for the
minor.
(2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been
convicted of heinous battery under Section 12-4.1, aggravated
battery of a child under Section 12-4.3, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual
assault of a child under Section 12-14.1, criminal sexual
abuse under Section 12-15, or aggravated criminal sexual
abuse under Section 12-16 of the Criminal Code of 1961, or
has been convicted of an offense that resulted in the death
of a child, or has violated a previous order of protection
under this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall
direct a copy of such order to the Sheriff of that county.
The Sheriff shall furnish a copy of the order of protection
to the Department of State Police with 24 hours of receipt,
in the form and manner required by the Department. The
Department of State Police shall maintain a complete record
and index of such orders of protection and make this data
available to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to
a person subject to an order of protection, the order may be
modified or extended for a further specified period or both
or may be terminated if the court finds that the health,
safety, and best interests of the minor and the public will
be served thereby.
(5) An order of protection may be sought at any time
during the course of any proceeding conducted pursuant to
this Act if such an order is consistent with in the health,
safety, and best interests of the minor. Any person against
whom an order of protection is sought may retain counsel to
represent him at a hearing, and has rights to be present at
the hearing, to be informed prior to the hearing in writing
of the contents of the petition seeking a protective order
and of the date, place and time of such hearing, and to cross
examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of
the petition seeking a protective order and of the date,
place and time at which the hearing on the petition is to be
held. When a protective order is being sought in conjunction
with a temporary custody hearing, if the court finds that the
person against whom the protective order is being sought has
been notified of the hearing or that diligent efforts have
been made to notify such person, the court may conduct a
hearing. If a protective order is sought at any time other
than in conjunction with a temporary custody hearing, the
court may not conduct a hearing on the petition in the
absence of the person against whom the order is sought unless
the petitioner has notified such person by personal service
at least 3 days before the hearing or has sent written
notice by first class mail to such person's last known
address at least 5 days before the hearing.
(7) A person against whom an order of protection is
being sought who is neither a parent, guardian, legal
custodian or responsible relative as described in Section 1-5
is not a party or respondent as defined in that Section and
shall not be entitled to the rights provided therein. Such
person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the
order of protection is being sought or a hearing directly
pertaining to that order. Unless the court orders otherwise,
such person does not have a right to inspect the court file.
(8) All protective orders entered under this Section
shall be in writing. Unless the person against whom the
order was obtained was present in court when the order was
issued, the sheriff, other law enforcement official or
special process server shall promptly serve that order upon
that person and file proof of such service, in the manner
provided for service of process in civil proceedings. The
person against whom the protective order was obtained may
seek a modification of the order by filing a written motion
to modify the order within 7 days after actual receipt by the
person of a copy of the order. Any modification of the order
granted by the court must be determined to be consistent with
the best interests of the minor.
(Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
Sec. 2-27. Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the
factual basis supporting the determination of whether the
parents, guardian, or legal custodian of a minor adjudged a
ward of the court are unfit or are unable, for some reason
other than financial circumstances alone, to care for,
protect, train or discipline the minor or are unwilling to do
so, and that it is in the health, safety, and best interest
of the minor will be jeopardized if the minor remains in to
take him from the custody of his parents, guardian or
custodian, the court may at this hearing and at any later
point:
(a) place him in the custody of a suitable relative
or other person as legal custodian or guardian;
(b) place him under the guardianship of a probation
officer;
(c) commit him to an agency for care or placement,
except an institution under the authority of the
Department of Corrections or of the Department of
Children and Family Services;
(d) commit him to the Department of Children and
Family Services for care and service; however, a minor
charged with a criminal offense under the Criminal Code
of 1961 or adjudicated delinquent shall not be placed in
the custody of or committed to the Department of Children
and Family Services by any court, except a minor less
than 13 years of age and committed to the Department of
Children and Family Services under Section 5-23 of this
Act. The Department shall be given due notice of the
pendency of the action and the Guardianship Administrator
of the Department of Children and Family Services shall
be appointed guardian of the person of the minor.
Whenever the Department seeks to discharge a minor from
its care and service, the Guardianship Administrator
shall petition the court for an order terminating
guardianship. The Guardianship Administrator may
designate one or more other officers of the Department,
appointed as Department officers by administrative order
of the Department Director, authorized to affix the
signature of the Guardianship Administrator to documents
affecting the guardian-ward relationship of children for
whom he has been appointed guardian at such times as he
is unable to perform the duties of his office. The
signature authorization shall include but not be limited
to matters of consent of marriage, enlistment in the
armed forces, legal proceedings, adoption, major medical
and surgical treatment and application for driver's
license. Signature authorizations made pursuant to the
provisions of this paragraph shall be filed with the
Secretary of State and the Secretary of State shall
provide upon payment of the customary fee, certified
copies of the authorization to any court or individual
who requests a copy.
(1.5) In making a determination under this Section, the
court shall also consider whether, based on health, safety,
and the best interests of the minor,
(a) appropriate services aimed at family
preservation and family reunification have been
unsuccessful in rectifying the conditions that have led
to a finding of unfitness or inability to care for,
protect, train, or discipline the minor, or whether,
based on the best interests of the minor,
(b) no family preservation or family reunification
services would be appropriate,
and if the petition or amended petition contained an
allegation that the parent is an unfit person as defined in
subdivision (D) of Section 1 of the Adoption Act, and the
order of adjudication recites that parental unfitness was
established by clear and convincing evidence, the court shall
enter an order terminating parental rights and appointing a
guardian with power to consent to adoption in accordance with
Section 2-29.
When making a placement, the court, wherever possible,
shall require the Department of Children and Family Services
to select a person holding the same religious belief as that
of the minor or a private agency controlled by persons of
like religious faith of the minor and shall require the
Department to otherwise comply with Section 7 of the Children
and Family Services Act in placing the child. In addition,
whenever alternative plans for placement are available, the
court shall ascertain and consider, to the extent appropriate
in the particular case, the views and preferences of the
minor.
(2) When a minor is placed with a suitable relative or
other person pursuant to item (a) of subsection (1), the
court shall appoint him the legal custodian or guardian of
the person of the minor. When a minor is committed to any
agency, the court shall appoint the proper officer or
representative thereof as legal custodian or guardian of the
person of the minor. Legal custodians and guardians of the
person of the minor have the respective rights and duties set
forth in subsection (9) of Section 1-3 except as otherwise
provided by order of court; but no guardian of the person may
consent to adoption of the minor unless that authority is
conferred upon him in accordance with Section 2-29. An agency
whose representative is appointed guardian of the person or
legal custodian of the minor may place him in any child care
facility, but the facility must be licensed under the Child
Care Act of 1969 or have been approved by the Department of
Children and Family Services as meeting the standards
established for such licensing. No agency may place a minor
adjudicated under Sections 2-3 or 2-4 in a child care
facility unless the placement is in compliance with the rules
and regulations for placement under this Section promulgated
by the Department of Children and Family Services under
Section 5 of the Children and Family Services Act. Like
authority and restrictions shall be conferred by the court
upon any probation officer who has been appointed guardian of
the person of a minor.
(3) No placement by any probation officer or agency
whose representative is appointed guardian of the person or
legal custodian of a minor may be made in any out of State
child care facility unless it complies with the Interstate
Compact on the Placement of Children. Placement with a
parent, however, is not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal
custodian or guardian of the person a certified copy of the
order of court, as proof of his authority. No other process
is necessary as authority for the keeping of the minor.
(5) Custody or guardianship granted under this Section
continues until the court otherwise directs, but not after
the minor reaches the age of 19 years except as set forth in
Section 2-31.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96.)
(705 ILCS 405/2.27.5 new)
Sec. 2-27.5. Termination of parental rights of persons
in default. After the dispositional hearing, and before the
first permanency hearing, the State's Attorney shall file a
motion to terminate parental rights of:
(1) an unknown parent;
(2) a parent whose whereabouts are unknown after a
diligent inquiry within the past 12 months; and
(3) a parent who has been found in default at the
adjudicatory hearing and has not obtained an order
setting aside the default in accordance with Section
2-1301 of the Code of Civil Procedure.
If the court has already acquired jurisdiction of the
respondent parent by service of process in accordance with
Sections 2-15 and 2-16, as shown by the return of service,
postal return receipt, or certificate of publication, no
further service of process is required prior to the
termination of parental rights for such person. Notice of
the motion to terminate parental rights for a party who is
not in default shall be served upon the respondent's attorney
of record or, if there is no attorney of record for the
respondent, mailed to the respondent's last known address in
accordance with Supreme Court Rule 11.
The court may enter an order terminating parental rights
and appointing a guardian with power to consent to adoption
in accordance with this Section before or at the first
permanency hearing.
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or
guardian of the person appointed under this Act to report
periodically to the court or may cite him into court and
require him or his agency, to make a full and accurate report
of his or its doings in behalf of the minor. The custodian
or guardian, within 10 days after such citation, shall make
the report, either in writing verified by affidavit or orally
under oath in open court, or otherwise as the court directs.
Upon the hearing of the report the court may remove the
custodian or guardian and appoint another in his stead or
restore the minor to the custody of his parents or former
guardian or custodian. However, custody of the minor shall
not be restored to any parent, guardian or legal custodian in
any case in which the minor is found to be neglected or
abused under Section 2-3 of this Act, unless the minor can be
cared for at home without endangering the minor's health or
safety and it is in the best interests of the minor, and if
such neglect or abuse is found by the court under paragraph
(2) of Section 2-21 of this Act to be the result of physical
abuse inflicted on the minor by such parent, guardian or
legal custodian, until such time as an investigation is made
as provided in paragraph (5) and a hearing is held on the
issue of the fitness of such parent, guardian or legal
custodian to care for the minor and the court enters an order
that such parent, guardian or legal custodian is fit to care
for the minor.
(2) In counties under 3,000,000 population, permanency
hearings shall be conducted by the court. In counties with a
population of 3,000,000 or more, the first permanency hearing
shall be conducted by a judge. Subsequent permanency
hearings may be heard by a judge, or by hearing officers
appointed or approved by the court in the manner set forth in
Section 2-28.1 of this Act. Permanency hearings shall be
held every 6 12 months or more frequently if necessary in the
court's determination following the initial permanency
hearing, in accordance with the standards set forth in this
Section, until the court determines that the plan and goal
have been achieved. Once the plan and goal have been
achieved, if the minor remains in substitute care, the case
shall be reviewed at least every 6 12 months thereafter,
subject to the provisions of this Section, unless the minor
is placed in the guardianship of a suitable relative or other
person and the court determines that further monitoring by
the court does not further the health, safety or best
interest of the child and that this is a stable permanent
placement.
Notice in compliance with Sections 2-15 and 2-16 must
have been given to all parties-respondent before proceeding
to a permanency hearing.
The public agency that is the custodian or guardian of
the minor, or another agency responsible for the minor's
care, shall ensure that all parties to the permanency
hearings are provided a copy of the most recent service plan
prepared within the prior 6 months at least 14 days in
advance of the hearing. If not contained in the plan, the
agency shall also include a report setting forth (i) any
special physical, psychological, educational, medical,
emotional, or other needs of the minor or his or her family
that are relevant to a permanency or placement determination
and (ii) for any minor age 16 or over, a written description
of the programs and services that will enable the minor to
prepare for independent living. The agency's written report
must explain why the child cannot be returned home without
jeopardizing the child's health, safety and welfare and why
termination of parental rights or private guardianship is not
in the best interests of the child. The caseworker must
appear and testify at the permanency hearing. If a
permanency review hearing has not previously been scheduled
by the court, the moving party shall move for the setting of
a permanency hearing and the entry of an order within the
time frames set forth in this subsection.
At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific
date within 5 months.
(B) The minor will be in short-term care with a
continued goal to return home within a period not to
exceed one year, where the progress of the parent or
parents is substantial considering the age and individual
needs of the minor.
(C) The minor will be in substitute care pending
court determination on termination of parental rights.
(D) Adoption, provided that parental rights have
been terminated or relinquished.
(E) The guardianship of the minor will be
transferred to an individual or couple on a permanent
basis provided that goals (A) through (D) have been ruled
out.
(F) The minor over age 12 will be in substitute
care pending independence.
(G) The minor will be in substitute care because he
or she cannot be provided for in a home environment due
to developmental disabilities or mental illness or
because he or she is a danger to self or others, provided
that goals (A) through (D) have been ruled out.
In selecting any permanency goal, the court shall
indicate in writing the reasons the goal was selected and why
the preceding goals were ruled out.
The court shall consider the following factors when
setting the permanency goal:
(1) Age of the child.
(2) Options available for permanence.
(3) Current placement of the child and the intent
of the family regarding adoption.
(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and
whether or not the services were successful and, if not
successful, the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
At the permanency hearing, the court shall determine the
future status of the child. The court shall review (i) the
appropriateness of the permanency goal, (ii) the
appropriateness of the services contained in the plan and
whether those services have been provided to achieve the
goal, (iii) whether reasonable efforts have been made by all
the parties to the service plan to achieve the goal, and the
appropriateness of the services contained in the plan and
whether those services have been provided, (iv) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (v) whether the plan
and goal have been achieved. All evidence relevant to
determining these questions, including oral and written
reports, may be admitted and may be relied on to the extent
of their probative value.
In reviewing the permanency goal and the most recent
service plan prepared within the prior 6 months, the standard
of review to be employed by the court shall be whether the
Department of Children and Family Services, in setting the
permanency goal and the service plan, abused its discretion
in light of the best interests of the child, the permanency
alternatives, and the facts in the individual case.
If the plan and goal has are found to be appropriate and
to have been achieved, the court shall enter orders that are
necessary to conform the minor's legal custody and status to
those findings.
If, after receiving evidence, the court determines that
the Department of Children and Family Services abused its
discretion in identifying services contained in the plan that
are not reasonably calculated to facilitate achievement of
the permanency goal, the court shall put in writing the
factual basis supporting the determination and enter specific
findings based on the evidence. The court also shall enter
an order for the Department to develop and implement a new
service plan or to implement changes to the current service
plan consistent with the court's findings. The new service
plan shall be filed with the court and served on all parties
within 45 days of the date of the order. The court shall
continue the matter until the new service plan is filed.
Unless otherwise specifically authorized by law, the court is
not empowered under this subsection (2) or under subsection
(3) to order specific placements, specific services, or
specific service providers to be included in the plan.
If, after receiving evidence, the court determines that
the Department of Children and Family Services abused its
discretion in setting a permanency goal that is not in the
best interests of the minor, the court shall enter specific
findings in writing based on the evidence. The court also
shall enter an order for the Department to set a new
permanency goal and to develop and implement a new service
plan that is consistent with the court's findings. The new
service plan shall be filed with the court and served on all
parties within 45 days of the date of the order. The court
shall continue the matter until the new service plan is
filed.
A guardian or custodian appointed by the court pursuant
to this Act shall file updated case plans with the court
every 6 months until the permanency goal set by the court has
been achieved.
Rights of wards of the court under this Act are
enforceable against any public agency by complaints for
relief by mandamus filed in any proceedings brought under
this Act.
(3) Following the permanency hearing, the court shall
enter an order setting forth the following determinations in
writing:
(a) The future status of the minor, including the
permanency goal, but not limited to whether the minor
should be returned to the parent, should be continued in
the care of the Department of Children and Family
Services or other agency for a specified period, should
be placed for adoption, should be emancipated, or should
(because of the minor's special needs or circumstances)
be continued in the care of the Department of Children
and Family Services or other agency on a permanent or
long-term basis, and any order orders necessary to
conform the minor's legal custody and status to such
determination; or
(b) if the permanency goal future status of the
minor cannot be achieved immediately, the specific
reasons for continuing the minor in the care of the
Department of Children and Family Services or other
agency for short term placement, and the following
determinations:
(i) (Blank). Whether the permanency goal is in
the best interests of the minor, or whether the
Department of Children and Family Services abused
its discretion in setting a goal that is not in the
best interests of the minor.
(ii) Whether the services required by the
court and by any service plan prepared within the
prior 6 months have been provided and (A) if so,
whether the services were reasonably calculated to
facilitate the achievement of the permanency goal or
(B) if not provided, why the services were not
provided.
(iii) Whether the minor's placement is
necessary, and appropriate to the plan and goal,
recognizing the right of minors to the least
restrictive (most family-like) setting available and
in close proximity to the parents' home consistent
with the health, safety, best interest and special
needs of the minor and, if the minor is placed
out-of-State, whether the out-of-State placement
continues to be appropriate and consistent with in
the health, safety, and best interest of the minor.
(iv) (Blank). Whether, because of any of the
findings under subparagraphs (i) through (iii), the
Department of Children and Family Services should be
ordered to set a new permanency goal or develop and
implement a new service plan consistent with such
findings.
(v) (Blank). Whether any orders to effectuate
the completion of a plan or goal are necessary,
including conforming the minor's custody or status
to a goal being achieved.
When a motion is before the court seeking termination of
parental rights of a parent in accordance with Section
2-27.5, the court shall enter an order terminating parental
rights and appointing a guardian with power to consent to
adoption with regard to the parent identified in the motion.
Any order entered pursuant to this subsection (3) shall
be immediately appealable as a matter of right under Supreme
Court Rule 304(b)(1).
(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and
the appointment of a new custodian or guardian of the person
or for the restoration of the minor to the custody of his
parents or former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The State's Attorney or the current foster
parent or relative caregiver seeking private guardianship
may file a motion for private guardianship of the minor.
The court and the Department of Children and Family
Services must approve the appointment of a guardian
under this Section.
(b) the State's Attorney may file a motion to
terminate parental rights of any parent who has failed to
make reasonable efforts to correct the conditions which
led to the removal of the child or reasonable progress
toward the return of the child, as defined in subdivision
(D)(m) of Section 1 of the Adoption Act or for whom any
other unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption
Act exists.
However, Custody of the minor shall not be restored to
any parent, guardian or legal custodian in any case in which
the minor is found to be neglected or abused under Section
2-3 of this Act, unless the minor can be cared for at home
without endangering his or her health or safety and it is in
the best interest of the minor, and if such neglect or abuse
is found by the court under paragraph (2) of Section 2-21 of
this Act to be the result of physical abuse inflicted on the
minor by such parent, guardian or legal custodian, until such
time as an investigation is made as provided in paragraph (4)
and a hearing is held on the issue of the health, safety and
best interest of the minor and the fitness of such parent,
guardian or legal custodian to care for the minor and the
court enters an order that such parent, guardian or legal
custodian is fit to care for the minor. In the event that
the minor has attained 18 years of age and the guardian or
custodian petitions the court for an order terminating his
guardianship or custody, guardianship or custody shall
terminate automatically 30 days after the receipt of the
petition unless the court orders otherwise. No legal
custodian or guardian of the person may be removed without
his consent until given notice and an opportunity to be heard
by the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and
Family Services and comply with the terms of an after-care
plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also
enter an order of protective supervision in accordance with
Section 2-24.
(5) Whenever a parent, guardian, or legal custodian
files a motion petitions for restoration of custody of the
minor, and the minor was adjudicated neglected or abused as a
result of physical abuse, the court shall cause to be made an
investigation as to whether the movant petitioner has ever
been charged with or convicted of any criminal offense which
would indicate the likelihood of any further physical abuse
to the minor. Evidence of such criminal convictions shall be
taken into account in determining whether the minor can be
cared for at home without endangering his or her health or
safety and fitness of the parent, guardian, or legal
custodian.
(a) Any agency of this State or any subdivision
thereof shall co-operate with the agent of the court in
providing any information sought in the investigation.
(b) The information derived from the investigation
and any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to
the hearing on fitness and the movant petitioner shall
have an opportunity at the hearing to refute the
information or contest its significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 1-10 of this
Act.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
eff. 8-9-96.)
(705 ILCS 405/2-28.1)
Sec. 2-28.1. Permanency hearings; before hearing
officers.
(a) The chief judge of the circuit court may appoint
hearing officers to conduct the permanency hearings set forth
in subsection (2) of Section 2-28 of this Act, in accordance
with the provisions of this Section. The hearing officers
shall be attorneys with at least 3 years experience in child
abuse and neglect or permanency planning, and in counties
with a population of 3,000,000 or more, admitted to practice
for at least 7 years., Once trained by the court, hearing
officers shall be authorized to do the following:
(1) Conduct a fair and impartial hearing in which
the strict rules of evidence need not apply.
(2) Summon and compel the attendance of witnesses.
(3) Administer the oath or affirmation and take
testimony under oath or affirmation.
(4) Require the production of evidence relevant to
the permanency hearing to be conducted. That evidence
may include, but need not be limited to case plans,
social histories, medical and psychological evaluations,
child placement histories, visitation records, and other
documents and writings applicable to those items.
(5) Rule on the admissibility of evidence using the
standard applied at a dispositional hearing under Section
2-22 of this Act or other information.
(6) Cause notices to be issued requiring parties,
the public agency that is custodian or guardian of the
minor, or another agency responsible for the minor's care
to appear either before the hearing officer or in court.
(7) Analyze the evidence presented to the hearing
officer and prepare written recommended orders, including
findings of fact, based on the evidence.
(8) Prior to the hearing, conduct any pre-hearings
that may be necessary.
(9) Conduct in camera interviews with children when
requested by a child or the child's guardian ad litem.
In counties with a population of 3,000,000 or more,
hearing officers shall also be authorized to do the
following:
(10) Accept specific consents for adoption or
surrenders of parental rights from a parent or parents.
(11) Conduct hearings on the progress made toward
the permanency goal set for the minor.
(12) Perform other duties as assigned by the court.
(b) The hearing officer shall consider evidence and
conduct the permanency hearings as set forth in subsections
(2) and (3) of Section 2-28 of this Act in accordance with
the standards set forth therein. The hearing officer shall
assure that a verbatim record of the proceedings is made and
retained for a period of 12 months or until the next
permanency hearing, whichever date is later, and shall
preserve all documents and evidence for the record. The
hearing officer shall inform the participants of their
individual rights and responsibilities. The hearing officer
shall identify the issues to be reviewed under subsection (2)
of Section 2-28, consider all relevant facts, and receive or
request any additional information necessary to make
recommendations to the court. If a party fails to appear at
the hearing, the hearing officer may proceed to the
permanency hearing with the parties present at the hearing.
The hearing officer shall specifically note for the court the
absence of any parties. If all parties are present at the
permanency hearing, and the parties and the Department are in
agreement that the service plan and permanency goal are
appropriate or are in agreement that the permanency goal for
the child has been achieved, the hearing officer shall
prepare a recommended order, including findings of fact, to
be submitted to the court, and all parties and the Department
shall sign the recommended order at the time of the hearing.
The recommended order will then be submitted to the court for
its immediate consideration and the entry of an appropriate
order.
The court may enter an order consistent with the
recommended order without further hearing or notice to the
parties, may refer the matter to the hearing officer for
further proceedings, or may hold such additional hearings as
the court deems necessary. All parties present at the
hearing and the Department shall be tendered a copy of the
court's order at the conclusion of the hearing.
(c) If one or more parties are not present at the
permanency hearing, or any party or the Department of
Children and Family Services objects to the hearing officer's
recommended order, including any findings of fact, the
hearing officer shall set the matter for a judicial
determination within 30 days of the permanency hearing for
the entry of the recommended order or for receipt of the
parties' objections. Any objections shall identify the
specific findings or recommendations that are contested, the
basis for the objections, and the evidence or applicable law
supporting the objection. The hearing officer shall mail a
copy of the recommended order to any non-attending parties,
together with a notice of the date and place of the judicial
determination and the right of the parties to present at that
time objections consistent with this subsection. The
recommended order and its contents may not be disclosed to
anyone other than the parties and the Department or other
agency unless otherwise specifically ordered by a judge of
the court.
Following the receipt of objections consistent with this
subsection from any party or the Department of Children and
Family Services to the hearing officer's recommended orders,
the court shall make a judicial determination of those
portions of the order to which objections were made, and
shall enter an appropriate order. The court may refuse to
review any objections that fail to meet the requirements of
this subsection.
(d) The following are judicial functions and shall be
performed only by a circuit judge or associate judge:
(1) Review of the recommended orders of the hearing
officer and entry of orders the court deems appropriate.
(2) Conduct of judicial hearings on all pre-hearing
motions and other matters that require a court order and
entry of orders as the court deems appropriate.
(3) Conduct of judicial determinations on all
matters in which the parties or the Department of
Children and Family Services disagree with the hearing
officer's recommended orders under subsection (3).
(4) Issuance of rules to show cause, conduct of
contempt proceedings, and imposition of appropriate
sanctions or relief.
(Source: P.A. 89-17, eff. 5-31-95.)
(705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
(Text of Section before amendment by P.A. 89-704)
Sec. 2-29. Adoption; appointment of guardian with power
to consent.
(1) A ward of the court under this Act, with the consent
of the court, may be the subject of a petition for adoption
under "An Act in relation to the adoption of persons, and to
repeal an Act therein named", approved July 17, 1959, as now
or hereafter amended, or with like consent his or her parent
or parents may, in the manner required by such Act, surrender
him or her for adoption to an agency legally authorized or
licensed to place children for adoption.
(2) If the petition prays and the court finds that it is
in the best interest of the minor that a guardian of the
person be appointed and authorized to consent to the adoption
of the minor, the court with the consent of the parents, if
living, or after finding, based upon clear and convincing
evidence, that a non-consenting parent is an unfit person as
defined in Section 1 of "An Act in relation to the adoption
of persons, and to repeal an Act therein named", approved
July 17, 1959, as amended, may empower the guardian of the
person of the minor, in the order appointing him or her as
such guardian, to appear in court where any proceedings for
the adoption of the minor may at any time be pending and to
consent to the adoption. Such consent is sufficient to
authorize the court in the adoption proceedings to enter a
proper order or judgment of adoption without further notice
to, or consent by, the parents of the minor. An order so
empowering the guardian to consent to adoption terminates
parental rights, deprives the parents of the minor of all
legal rights as respects the minor and relieves them of all
parental responsibility for him or her, and frees the minor
from all obligations of maintenance and obedience to his or
her natural parents.
If the minor is over 14 years of age, the court may, in
its discretion, consider the wishes of the minor in
determining whether the best interests of the minor would be
promoted by the finding of the unfitness of a non-consenting
parent.
(3) Parental consent to the order authorizing the
guardian of the person to consent to adoption of the minor
shall be given in open court whenever possible and otherwise
must be in writing and signed in the form provided in "An Act
in relation to the adoption of persons, and to repeal an Act
therein named", approved July 17, 1959, as now or hereafter
amended, but no names of petitioners for adoption need be
included. A finding of the unfitness of a nonconsenting
parent must be made in compliance with that Act and be based
upon clear and convincing evidence. Provisions of that Act
relating to minor parents and to mentally ill or mentally
deficient parents apply to proceedings under this Section and
any findings with respect to such parents shall be based upon
clear and convincing evidence.
(Source: P.A. 85-601.)
(Text of Section after amendment by P.A. 89-704)
Sec. 2-29. Adoption; appointment of guardian with power
to consent.
(1) With leave of the court, a minor who is the subject
of an abuse, neglect, or dependency petition under this Act
may be the subject of a petition for adoption under the
Adoption Act.
(1.1) The parent or parents of a child in whose interest
a petition under Section 2-13 of this Act is pending may, in
the manner required by the Adoption Act, (a) surrender him or
her for adoption to an agency legally authorized or licensed
to place children for adoption, (b) consent to his or her
adoption, or (c) consent to his or her adoption by a
specified person or persons. Nothing in this Section requires
that the parent or parents execute the surrender, consent, or
consent to adoption by a specified person in open court.
(2) If a petition or motion alleges petition prays and
the court finds that it is in the best interest of the minor
that parental rights be terminated and the petition or motion
requests that a guardian of the person be appointed and
authorized to consent to the adoption of the minor, the
court, with the consent agreement of the parents, if living,
or after finding, based upon clear and convincing evidence,
that a parent is an unfit person as defined in Section 1 of
the Adoption Act, may terminate parental rights and empower
the guardian of the person of the minor, in the order
appointing him or her as such guardian, to appear in court
where any proceedings for the adoption of the minor may at
any time be pending and to consent to the adoption. Such
consent is sufficient to authorize the court in the adoption
proceedings to enter a proper order or judgment of adoption
without further notice to, or consent by, the parents of the
minor. An order so empowering the guardian to consent to
adoption terminates parental rights, deprives the parents of
the minor of all legal rights as respects the minor and
relieves them of all parental responsibility for him or her,
and frees the minor from all obligations of maintenance and
obedience to his or her natural parents.
If the minor is over 14 years of age, the court may, in
its discretion, consider the wishes of the minor in
determining whether the best interests of the minor would be
promoted by the finding of the unfitness of a non-consenting
parent.
(3) Parental consent to the request for an order
terminating parental rights and authorizing the guardian of
the person to consent to adoption of the minor shall be made
in open court whenever possible and otherwise must be in
writing and signed in the form provided in the Adoption Act,
but no names of petitioners for adoption need be included.
(4) A finding of the unfitness of a parent must be made
in compliance with the Adoption Act, without regard to the
likelihood that the child will be placed for adoption, and be
based upon clear and convincing evidence. Provisions of the
Adoption Act relating to minor parents and to mentally ill or
mentally deficient parents apply to proceedings under this
Section and any findings with respect to such parents shall
be based upon clear and convincing evidence.
(Source: P.A. 89-704, eff. 1-1-98.)
(705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
Sec. 2-31. Duration of wardship and discharge of
proceedings.
(1) All proceedings under this Act in respect of any
minor for whom a petition was filed after the effective date
of this amendatory Act of 1991 automatically terminate upon
his attaining the age of 19 years, except that a court may
continue the wardship of a minor until age 21 for good cause
when there is satisfactory evidence presented to the court
and the court makes written factual findings that the health,
safety, and best interest of the minor and the public require
the continuation of the wardship.
(2) Whenever the court determines, and makes written
factual findings, that health, safety, and the best interests
of the minor and the public no longer require the wardship of
the court, the court shall order the wardship terminated and
all proceedings under this Act respecting that minor finally
closed and discharged. The court may at the same time
continue or terminate any custodianship or guardianship
theretofore ordered but the termination must be made in
compliance with Section 2-28.
(3) The wardship of the minor and any custodianship or
guardianship respecting the minor for whom a petition was
filed after the effective date of this amendatory Act of 1991
automatically terminates when he attains the age of 19 years
except as set forth in subsection (1) of this Section. The
clerk of the court shall at that time record all proceedings
under this Act as finally closed and discharged for that
reason.
(Source: P.A. 87-14; 88-7.)
Section 10-25. The Adoption Act is amended by changing
Section 1 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
(Text of Section before amendment by P.A. 89-704)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption
where either or both of the adopting parents stands in any of
the following relationships to the child by blood or
marriage: parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following:
(a) Abandonment of the child.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months
next preceding the commencement of the Adoption
proceeding.
(d) Substantial neglect of the child if continuous
or repeated.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987, the most
recent of which was determined by the juvenile court
hearing the matter to be supported by clear and
convincing evidence; a criminal conviction resulting from
the death of any child by physical child abuse; or a
finding of physical child abuse resulting from the death
of any child under Section 4-8 of the Juvenile Court Act
or Section 2-21 of the Juvenile Court Act of 1987.
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the
child; provided that in making a finding of unfitness the
court hearing the adoption proceeding shall not be bound
by any previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity.
(j) Open and notorious adultery or fornication.
(j-1) Conviction of first degree murder in
violation of paragraph 1 or 2 of subsection (a) of
Section 9-1 of the Criminal Code of 1961 or conviction of
second degree murder in violation of subsection (a) of
Section 9-2 of the Criminal Code of 1961 of a parent of
the child to be adopted shall create a presumption of
unfitness that may be overcome only by clear and
convincing evidence.
(k) Habitual drunkenness or addiction to drugs,
other than those prescribed by a physician, for at least
one year immediately prior to the commencement of the
unfitness proceeding.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of
a new born child during the first 30 days after its
birth.
(m) Failure by a parent to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or to make
reasonable progress toward the return of the child to the
parent within 9 12 months after an adjudication of
neglected or minor, abused minor under Section 2-3 of the
Juvenile Court Act of 1987 or dependent minor under
Section 2-4 of that Act the Juvenile Court Act or the
Juvenile Court Act of 1987. If a service plan has been
established as required under Section 8.2 of the Abused
and Neglected Child Reporting Act to correct the
conditions that were the basis for the removal of the
child from the parent and if those services were
available, then, for purposes of this Act, "failure to
make reasonable progress toward the return of the child
to the parent" includes failure to complete that service
plan within 9 months after the adjudication under Section
2-3 or 2-4 of the Juvenile Court Act of 1987.
(n) Evidence of intent to forego his or her
parental rights, whether or not the child is a ward of
the court, (1) as manifested by his or her failure for a
period of 12 months: (i) to visit the child, (ii) to
communicate with the child or agency, although able to do
so and not prevented from doing so by an agency or by
court order, or (iii) to maintain contact with or plan
for the future of the child, although physically able to
do so, or (2) as manifested by the father's failure,
where he and the mother of the child were unmarried to
each other at the time of the child's birth, (i) to
commence legal proceedings to establish his paternity
under the Illinois Parentage Act of 1984 or the law of
the jurisdiction of the child's birth within 30 days of
being informed, pursuant to Section 12a of this Act, that
he is the father or the likely father of the child or,
after being so informed where the child is not yet born,
within 30 days of the child's birth, or (ii) to make a
good faith effort to pay a reasonable amount of the
expenses related to the birth of the child and to provide
a reasonable amount for the financial support of the
child, the court to consider in its determination all
relevant circumstances, including the financial condition
of both parents; provided that the ground for termination
provided in this subparagraph (n)(2)(ii) shall only be
available where the petition is brought by the mother or
the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern
does not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall
not preclude a determination that the parent has intended
to forego his or her parental rights. In making this
determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by
a preponderance of the evidence.
(o) repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) inability to discharge parental
responsibilities supported by competent evidence from a
psychiatrist, licensed clinical social worker, or
clinical psychologist of mental impairment, mental
illness or mental retardation as defined in Section 1-116
of the Mental Health and Developmental Disabilities Code,
or developmental disability as defined in Section 1-106
of that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be
construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) a finding of physical abuse of the child under
Section 4-8 of the Juvenile Court Act or Section 2-21 of
the Juvenile Court Act of 1987 and a criminal conviction
of aggravated battery of the child.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. For the purpose of this Act, a person
who has executed a final and irrevocable consent to adoption
or a final and irrevocable surrender for purposes of
adoption, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of
the consent or surrender.
F. A person is available for adoption when the person
is:
(a) a child who has been surrendered for adoption
to an agency and to whose adoption the agency has
thereafter consented;
(b) a child to whose adoption a person authorized
by law, other than his parents, has consented, or to
whose adoption no consent is required pursuant to Section
8 of this Act;
(c) a child who is in the custody of persons who
intend to adopt him through placement made by his
parents; or
(d) an adult who meets the conditions set forth in
Section 3 of this Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural
includes the singular and the "male" includes the "female",
as the context of this Act may require.
H. "Adoption disruption" occurs when an adoptive
placement does not prove successful and it becomes necessary
for the child to be removed from placement before the
adoption is finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States
or through United States based international agencies.
J. "Immediate relatives" means the biological parents,
the parents of the biological parents and siblings of the
biological parents;
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person
of the Department of Children and Family Services appointed
by the Director to coordinate the provision of services by
the public and private sector to prospective parents of
foreign-born children.
M. "Interstate Compact on the Placement of Children" is
a law enacted by most states for the purpose of establishing
uniform procedures for handling the interstate placement of
children in foster homes, adoptive homes, or other child care
facilities.
N. "Non-Compact state" means a state that has not
enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met prior to the
placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or
immediate family member, or any person responsible for the
child's welfare, or any individual residing in the same home
as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to
be inflicted upon the child physical injury, by other
than accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury
to the child by other than accidental means which would
be likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of
any bodily function;
(c) commits or allows to be committed any sex
offense against the child, as sex offenses are defined in
the Criminal Code of 1961 and extending those definitions
of sex offenses to include children under 18 years of
age;
(d) commits or allows to be committed an act or
acts of torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or
other person responsible for the child's welfare withholds or
denies nourishment or medically indicated treatment including
food or care denied solely on the basis of the present or
anticipated mental or physical impairment as determined by a
physician acting alone or in consultation with other
physicians or otherwise does not provide the proper or
necessary support, education as required by law, or medical
or other remedial care recognized under State law as
necessary for a child's well-being, or other care necessary
for his or her well-being, including adequate food, clothing
and shelter; or who is abandoned by his or her parents or
other person responsible for the child's welfare.
A child shall not be considered neglected or abused for
the sole reason that the child's parent or other person
responsible for his or her welfare depends upon spiritual
means through prayer alone for the treatment or cure of
disease or remedial care as provided under Section 4 of the
Abused and Neglected Child Reporting Act.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on
or before the date that the child was or is to be born and
(2) has not established paternity of the child in a court
proceeding before the filing of a petition for the adoption
of the child. The term includes a male who is less than 18
years of age.
(Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
1-24-95; 89-235, eff. 8-4-95.)
(Text of Section after amendment by P.A. 89-704)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption
where either or both of the adopting parents stands in any of
the following relationships to the child by blood or
marriage: parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to
subsection O of Section 10.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a
hospital.
(a-2) Abandonment of a newborn infant in any
setting where the evidence suggests that the parent
intended to relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months
next preceding the commencement of the Adoption
proceeding.
(d) Substantial neglect of the child if continuous
or repeated.
(d-1) Substantial neglect, if continuous or
repeated, of any child residing in the household which
resulted in the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987, the most
recent of which was determined by the juvenile court
hearing the matter to be supported by clear and
convincing evidence; a criminal conviction or a finding
of not guilty by reason of insanity resulting from the
death of any child by physical child abuse; or a finding
of physical child abuse resulting from the death of any
child under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987.
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the
child; provided that in making a finding of unfitness the
court hearing the adoption proceeding shall not be bound
by any previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity.
(j) Open and notorious adultery or fornication.
(j-1) Conviction of any one of the following crimes
shall create a presumption of unfitness that may be
overcome only by clear and convincing evidence: (1) first
degree murder in violation of paragraph 1 or 2 of
subsection (a) of Section 9-1 of the Criminal Code of
1961 or conviction of second degree murder in violation
of subsection (a) of Section 9-2 of the Criminal Code of
1961 of a parent of the child to be adopted; (2) a
criminal conviction of first degree murder or second
degree murder of any child in violation of the Criminal
Code of 1961; (3) a criminal conviction of attempt or
conspiracy to commit first degree murder or second degree
murder of any child in violation of the Criminal Code of
1961; (4) a criminal conviction of solicitation to commit
murder of any child, solicitation to commit murder of any
child for hire, or solicitation to commit second degree
murder of any child in violation of the Criminal Code of
1961; (5) a criminal conviction of accountability for the
first or second degree murder of any child in violation
of the Criminal Code of 1961; or (6) a criminal
conviction of aggravated criminal sexual assault in
violation of Section 12-14(b)(1) of the Criminal Code of
1961 shall create a presumption of unfitness that may be
overcome only by clear and convincing evidence.
(k) Habitual drunkenness or addiction to drugs,
other than those prescribed by a physician, for at least
one year immediately prior to the commencement of the
unfitness proceeding.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of
a new born child during the first 30 days after its
birth.
(m) Failure by a parent to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or to make
reasonable progress toward the return of the child to the
parent within 9 12 months after an adjudication of
neglected or minor, abused minor under Section 2-3 of the
Juvenile Court Act of 1987 or dependent minor under
Section 2-4 of that Act the Juvenile Court Act or the
Juvenile Court Act of 1987. If a service plan has been
established as required under Section 8.2 of the Abused
and Neglected Child Reporting Act to correct the
conditions that were the basis for the removal of the
child from the parent and if those services were
available, then, for purposes of this Act, "failure to
make reasonable progress toward the return of the child
to the parent" includes failure to complete that service
plan within 9 months after the adjudication under Section
2-3 or 2-4 of the Juvenile Court Act of 1987.
(n) Evidence of intent to forego his or her
parental rights, whether or not the child is a ward of
the court, (1) as manifested by his or her failure for a
period of 12 months: (i) to visit the child, (ii) to
communicate with the child or agency, although able to do
so and not prevented from doing so by an agency or by
court order, or (iii) to maintain contact with or plan
for the future of the child, although physically able to
do so, or (2) as manifested by the father's failure,
where he and the mother of the child were unmarried to
each other at the time of the child's birth, (i) to
commence legal proceedings to establish his paternity
under the Illinois Parentage Act of 1984 or the law of
the jurisdiction of the child's birth within 30 days of
being informed, pursuant to Section 12a of this Act, that
he is the father or the likely father of the child or,
after being so informed where the child is not yet born,
within 30 days of the child's birth, or (ii) to make a
good faith effort to pay a reasonable amount of the
expenses related to the birth of the child and to provide
a reasonable amount for the financial support of the
child, the court to consider in its determination all
relevant circumstances, including the financial condition
of both parents; provided that the ground for termination
provided in this subparagraph (n)(2)(ii) shall only be
available where the petition is brought by the mother or
the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern
does not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall
not preclude a determination that the parent has intended
to forego his or her parental rights. In making this
determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by
a preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental
responsibilities supported by competent evidence from a
psychiatrist, licensed clinical social worker, or
clinical psychologist of mental impairment, mental
illness or mental retardation as defined in Section 1-116
of the Mental Health and Developmental Disabilities Code,
or developmental disability as defined in Section 1-106
of that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be
construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) A finding of physical abuse of the child under
Section 4-8 of the Juvenile Court Act or Section 2-21 of
the Juvenile Court Act of 1987 and a criminal conviction
of aggravated battery of the child.
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion
for termination of parental rights is filed, prior to
incarceration the parent had little or no contact with
the child or provided little or no support for the child,
and the parent's incarceration will prevent the parent
from discharging his or her parental responsibilities for
the child for a period in excess of 2 years after the
filing of the petition or motion for termination of
parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. For the purpose of this Act, a person
who has executed a final and irrevocable consent to adoption
or a final and irrevocable surrender for purposes of
adoption, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of
the consent or surrender, unless the consent is void pursuant
to subsection O of Section 10.
F. A person is available for adoption when the person
is:
(a) a child who has been surrendered for adoption
to an agency and to whose adoption the agency has
thereafter consented;
(b) a child to whose adoption a person authorized
by law, other than his parents, has consented, or to
whose adoption no consent is required pursuant to Section
8 of this Act;
(c) a child who is in the custody of persons who
intend to adopt him through placement made by his
parents;
(c-1) a child for whom a parent has signed a
specific consent pursuant to subsection O of Section 10;
or
(d) an adult who meets the conditions set forth in
Section 3 of this Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural
includes the singular and the "male" includes the "female",
as the context of this Act may require.
H. "Adoption disruption" occurs when an adoptive
placement does not prove successful and it becomes necessary
for the child to be removed from placement before the
adoption is finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States
or through United States based international agencies.
J. "Immediate relatives" means the biological parents,
the parents of the biological parents and siblings of the
biological parents;
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person
of the Department of Children and Family Services appointed
by the Director to coordinate the provision of services by
the public and private sector to prospective parents of
foreign-born children.
M. "Interstate Compact on the Placement of Children" is
a law enacted by most states for the purpose of establishing
uniform procedures for handling the interstate placement of
children in foster homes, adoptive homes, or other child care
facilities.
N. "Non-Compact state" means a state that has not
enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met prior to the
placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or
immediate family member, or any person responsible for the
child's welfare, or any individual residing in the same home
as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to
be inflicted upon the child physical injury, by other
than accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury
to the child by other than accidental means which would
be likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of
any bodily function;
(c) commits or allows to be committed any sex
offense against the child, as sex offenses are defined in
the Criminal Code of 1961 and extending those definitions
of sex offenses to include children under 18 years of
age;
(d) commits or allows to be committed an act or
acts of torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or
other person responsible for the child's welfare withholds or
denies nourishment or medically indicated treatment including
food or care denied solely on the basis of the present or
anticipated mental or physical impairment as determined by a
physician acting alone or in consultation with other
physicians or otherwise does not provide the proper or
necessary support, education as required by law, or medical
or other remedial care recognized under State law as
necessary for a child's well-being, or other care necessary
for his or her well-being, including adequate food, clothing
and shelter; or who is abandoned by his or her parents or
other person responsible for the child's welfare.
A child shall not be considered neglected or abused for
the sole reason that the child's parent or other person
responsible for his or her welfare depends upon spiritual
means through prayer alone for the treatment or cure of
disease or remedial care as provided under Section 4 of the
Abused and Neglected Child Reporting Act.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on
or before the date that the child was or is to be born and
(2) has not established paternity of the child in a court
proceeding before the filing of a petition for the adoption
of the child. The term includes a male who is less than 18
years of age.
(Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
ARTICLE 90
Section 90-5. Severability. If any Section, sentence,
clause, or provision of this Act or any application thereof
to any person or circumstance is for any reason held invalid
or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of the
other provisions or applications of this Act which can be
given effect without the invalid or unconstitutional
application or provision, and to this end the provisions of
this Act are declared to be severable.
Section 90-95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 90-99. Effective date. This Section and the
changes to subdivision (D)(m) of Section 1 of the Adoption
Act take effect upon becoming law.