Bill Title: Amends the Juvenile Court Act of 1987. Provides that the Department of Juvenile Justice shall file a critical incident report with the court within 10 days of the occurrence of a critical incident involving a youth committed to the Department. Provides that critical incidents are incidents that involve a serious risk to the life, health, or wellbeing of the youth, including, but not limited to, accidents or suicide attempts resulting in serious bodily harm or hospitalization, psychiatric hospitalization, alleged or suspected abuse, or escape or attempted escape from custody. Provides that the report shall contain a brief description of the incident, a summary of the actions the Department took as a result of the incident, and relevant information regarding the youth's current physical, mental, and emotional health. Provides that if the minor is in the physical custody of the Department of Juvenile Justice, the Department shall file updated case plans with the court every 6 months.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2016-07-29 - Public Act . . . . . . . . . 99-0664
[HB0114 Detail]Download: Illinois-2015-HB0114-Chaptered.html
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Public Act 099-0664
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HB0114 Enrolled | LRB099 03699 RLC 23711 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Section 5-745 as follows:
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(705 ILCS 405/5-745)
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Sec. 5-745. Court review.
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(1) The court may require any legal custodian or guardian |
of the person
appointed under this Act, including the |
Department of Juvenile Justice for youth committed under |
Section 5-750 of this Act, to report periodically to the court |
or may cite him
or her into court and require him or her, or his |
or her agency, to make a full
and accurate report of
his or her |
or its doings in behalf of the minor, including efforts to |
secure post-release placement of the youth after release from |
the Department's facilities. The legal custodian or
guardian,
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within 10 days after the 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 legal
custodian or |
guardian and appoint another in his or her stead or restore the
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minor to
the custody of his or her parents or former guardian |
or legal custodian.
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(2) If the Department of Children and Family Services is |
appointed legal custodian or guardian of a minor under this |
Act, the Department of Children and Family Services A guardian |
or legal custodian appointed by the court under this
Act shall |
file updated case plans with the court every 6 months. Every |
agency
which has guardianship of a child shall file a |
supplemental petition for court
review, or review by an |
administrative body appointed or approved by the court
and |
further order within 18 months of the sentencing order and each |
18 months
thereafter. The petition shall state facts relative |
to the child's present
condition of physical, mental and |
emotional health as well as facts relative to
his or her |
present custodial or foster care. The petition shall be set for
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hearing
and the clerk shall mail 10 days notice of the hearing |
by certified mail,
return receipt requested, to the person or |
agency having the physical custody
of the child, the minor and |
other interested parties unless a
written waiver of notice is |
filed with the petition.
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If the minor is in the custody of the Illinois Department |
of Children and Family Services, pursuant to an order entered |
under this Article, the court shall conduct permanency hearings |
as set out in subsections (1), (2), and (3) of Section 2-28 of |
Article II of this Act. |
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.
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(3) 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 or her |
parents or former guardian or custodian. In the event that the
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minor has
attained 18 years of age and the guardian or |
custodian petitions the court for
an order terminating his or |
her guardianship or custody, guardianship or legal
custody
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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 or her |
consent until given notice and an opportunity to be
heard by |
the court.
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(4) If the minor is committed to the Department of Juvenile |
Justice under Section 5-750 of this Act, the Department shall |
notify the court in writing of the occurrence of any of the |
following: |
(a) a critical incident involving a youth committed to |
the Department; as used in this paragraph (a), "critical |
incident" means any incident that involves a serious risk |
to the life, health, or well-being of the youth and |
includes, but is not limited to, an accident or suicide |
attempt resulting in serious bodily harm or |
hospitalization, psychiatric hospitalization, alleged or |
suspected abuse, or escape or attempted escape from |
custody, filed within 10 days of the occurrence; |
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(b) a youth who has been released by the Prisoner |
Review Board but remains in a Department facility solely |
because the youth does not have an approved aftercare |
release host site, filed within 10 days of the occurrence; |
(c) a youth, except a youth who has been adjudicated a |
habitual or violent juvenile offender under Section 5-815 |
or 5-820 of this Act or committed for first degree murder, |
who has been held in a Department facility for over one |
consecutive year; or |
(d) if a report has been filed under paragraph (c) of |
this subsection, a supplemental report shall be filed every |
6 months thereafter. |
The notification required by this subsection (4) shall contain |
a brief description of the incident or situation and a summary |
of the youth's current physical, mental, and emotional health |
and the actions the Department took in response to the incident |
or to identify an aftercare release host site, as applicable. |
Upon receipt of the notification, the court may require the |
Department to make a full report under subsection (1) of this |
Section. |
(5) With respect to any report required to be filed with |
the court under this Section, the Independent Juvenile |
Ombudsman shall provide a copy to the minor's court appointed |
guardian ad litem, if the Department has received written |
notice of the appointment, and to the minor's attorney, if the |
Department has received written notice of representation from |
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the attorney. If the Department has a record that a guardian |
has been appointed for the minor and a record of the last known |
address of the minor's court appointed guardian, the |
Independent Juvenile Ombudsman shall send a notice to the |
guardian that the report is available and will be provided by |
the Independent Juvenile Ombudsman upon request. If the |
Department has no record regarding the appointment of a |
guardian for the minor, and the Department's records include |
the last known addresses of the minor's parents, the |
Independent Juvenile Ombudsman shall send a notice to the |
parents that the report is available and will be provided by |
the Independent Juvenile Ombudsman upon request. |
(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)
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