Public Act 102-0193

HB1068 Enrolled LRB102 03081 LNS 13094 b

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Juvenile Court Act of 1987 is amended by

changing Section 2-28 as follows:

(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, or earlier if the court determines

it to be necessary to protect the health, safety, or welfare of

the minor, 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 or dependent under

Section 2-4 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,

abuse, or dependency is found by the court under paragraph (1)

of Section 2-21 of this Act to have come about due to the acts

or omissions or both of 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.

(1.5) The public agency that is the custodian or guardian

of the minor shall file a written report with the court no

later than 15 days after a minor in the agency's care remains:

(1) in a shelter placement beyond 30 days;

(2) in a psychiatric hospital past the time when the

minor is clinically ready for discharge or beyond medical

necessity for the minor's health; or

(3) in a detention center or Department of Juvenile

Justice facility solely because the public agency cannot

find an appropriate placement for the minor.

The report shall explain the steps the agency is taking to

ensure the minor is placed appropriately, how the minor's

needs are being met in the minor's shelter placement, and if a

future placement has been identified by the Department, why

the anticipated placement is appropriate for the needs of the

minor and the anticipated placement date.

(1.6) Within 35 days after placing a child in its care in a

qualified residential treatment program, as defined by the

federal Social Security Act, the Department of Children and

Family Services shall file a written report with the court and

send copies of the report to all parties. Within 20 days of the

filing of the report, the court shall hold a hearing to

consider the Department's report and determine whether

placement of the child in a qualified residential treatment

program provides the most effective and appropriate level of

care for the child in the least restrictive environment and if

the placement is consistent with the short-term and long-term

goals for the child, as specified in the permanency plan for

the child. The court shall approve or disapprove the

placement. If applicable, the requirements of Sections 2-27.1

and 2-27.2 must also be met. The Department's written report

and the court's written determination shall be included in and

made part of the case plan for the child. If the child remains

placed in a qualified residential treatment program, the

Department shall submit evidence at each status and permanency

hearing:

(1) demonstrating that on-going assessment of the

strengths and needs of the child continues to support the

determination that the child's needs cannot be met through

placement in a foster family home, that the placement

provides the most effective and appropriate level of care

for the child in the least restrictive, appropriate

environment, and that the placement is consistent with the

short-term and long-term permanency goal for the child, as

specified in the permanency plan for the child;

(2) documenting the specific treatment or service

needs that should be met for the child in the placement and

the length of time the child is expected to need the

treatment or services; and

(3) the efforts made by the agency to prepare the

child to return home or to be placed with a fit and willing

relative, a legal guardian, or an adoptive parent, or in a

foster family home.

(2) The first permanency hearing shall be conducted by the

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. The initial

hearing shall be held (a) within 12 months from the date

temporary custody was taken, regardless of whether an

adjudication or dispositional hearing has been completed

within that time frame, (b) if the parental rights of both

parents have been terminated in accordance with the procedure

described in subsection (5) of Section 2-21, within 30 days of

the order for termination of parental rights and appointment

of a guardian with power to consent to adoption, or (c) in

accordance with subsection (2) of Section 2-13.1. Subsequent

permanency hearings shall be held every 6 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

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. The permanency hearings must occur within the time

frames set forth in this subsection and may not be delayed in

anticipation of a report from any source or due to the agency's

failure to timely file its written report (this written report

means the one required under the next paragraph and does not

mean the service plan also referred to in that paragraph).

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 agency's service 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. If not contained in the

agency's service plan, the agency's report shall specify if a

minor is placed in a licensed child care facility under a

corrective plan by the Department due to concerns impacting

the minor's safety and well-being. The report shall explain

the steps the Department is taking to ensure the safety and

well-being of the minor and that the minor's needs are met in

the facility. The agency's written report must detail what

progress or lack of progress the parent has made in correcting

the conditions requiring the child to be in care; whether the

child can be returned home without jeopardizing the child's

health, safety, and welfare, and if not, what permanency goal

is recommended to be in the best interests of the child, and

why the other permanency goals are not appropriate. The

caseworker must appear and testify at the permanency hearing.

If a permanency 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 giving particular consideration to

the age and individual needs of the minor.

(B-1) The minor will be in short-term care with a

continued goal to return home pending a status hearing.

When the court finds that a parent has not made reasonable

efforts or reasonable progress to date, the court shall

identify what actions the parent and the Department must

take in order to justify a finding of reasonable efforts

or reasonable progress and shall set a status hearing to

be held not earlier than 9 months from the date of

adjudication nor later than 11 months from the date of

adjudication during which the parent's progress will again

be reviewed.

(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 deemed inappropriate

and not in the child's best interests. The court shall

confirm that the Department has discussed adoption, if

appropriate, and guardianship with the caregiver prior to

changing a goal to guardianship ruled out.

(F) The minor over age 15 will be in substitute care

pending independence. In selecting this permanency goal,

the Department of Children and Family Services may provide

services to enable reunification and to strengthen the

minor's connections with family, fictive kin, and other

responsible adults, provided the services are in the

minor's best interest. The services shall be documented in

the service plan.

(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 deemed inappropriate and not in

the child's best interests 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 deemed inappropriate and not in the

child's best interest ruled out. Where the court has selected

a permanency goal other than (A), (B), or (B-1), the

Department of Children and Family Services shall not provide

further reunification services, except as provided in

paragraph (F) of this subsection (2), but shall provide

services consistent with the goal selected.

(H) Notwithstanding any other provision in this

Section, the court may select the goal of continuing

foster care as a permanency goal if:

(1) The Department of Children and Family Services

has custody and guardianship of the minor;

(2) The court has deemed ruled out all other

permanency goals inappropriate based on the child's

best interest;

(3) The court has found compelling reasons, based

on written documentation reviewed by the court, to

place the minor in continuing foster care. Compelling

reasons include:

(a) the child does not wish to be adopted or to

be placed in the guardianship of his or her

relative or foster care placement;

(b) the child exhibits an extreme level of

need such that the removal of the child from his or

her placement would be detrimental to the child;

or

(c) the child who is the subject of the

permanency hearing has existing close and strong

bonds with a sibling, and achievement of another

permanency goal would substantially interfere with

the subject child's sibling relationship, taking

into consideration the nature and extent of the

relationship, and whether ongoing contact is in

the subject child's best interest, including

long-term emotional interest, as compared with the

legal and emotional benefit of permanence;

(4) The child has lived with the relative or

foster parent for at least one year; and

(5) The relative or foster parent currently caring

for the child is willing and capable of providing the

child with a stable and permanent environment.

The court shall set a permanency goal that is in the best

interest of the child. In determining that goal, the court

shall consult with the minor in an age-appropriate manner

regarding the proposed permanency or transition plan for the

minor. The court's determination shall include the following

factors:

(1) Age of the child.

(2) Options available for permanence, including both

out-of-state and in-state placement options.

(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.

The court shall consider (i) the permanency goal contained

in the service plan, (ii) the appropriateness of the services

contained in the plan and whether those services have been

provided, (iii) whether reasonable efforts have been made by

all the parties to the service plan to achieve the goal, and

(iv) 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.

The court shall make findings as to whether, in violation

of Section 8.2 of the Abused and Neglected Child Reporting

Act, any portion of the service plan compels a child or parent

to engage in any activity or refrain from any activity that 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. The services contained in the service plan

shall include services reasonably related to remedy the

conditions that gave rise to removal of the child from the home

of his or her parents, guardian, or legal custodian or that the

court has found must be remedied prior to returning the child

home. Any tasks the court requires of the parents, guardian,

or legal custodian or child prior to returning the child home,

must be reasonably related to remedying a condition or

conditions that gave rise to or which could give rise to any

finding of child abuse or neglect.

If the permanency goal is to return home, the court shall

make findings that identify any problems that are causing

continued placement of the children away from the home and

identify what outcomes would be considered a resolution to

these problems. The court shall explain to the parents that

these findings are based on the information that the court has

at that time and may be revised, should additional evidence be

presented to the court.

The court shall review the Sibling Contact Support Plan

developed or modified under subsection (f) of Section 7.4 of

the Children and Family Services Act, if applicable. If the

Department has not convened a meeting to develop or modify a

Sibling Contact Support Plan, or if the court finds that the

existing Plan is not in the child's best interest, the court

may enter an order requiring the Department to develop, modify

or implement a Sibling Contact Support Plan, or order

mediation.

If the goal has 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 services contained in the plan 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. Except as authorized by subsection

(2.5) of this Section and as otherwise specifically authorized

by law, the court is not empowered under this Section to order

specific placements, specific services, or specific service

providers to be included in the service plan.

A guardian or custodian appointed by the court pursuant to

this Act shall file updated case plans with the court every 6

months.

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.

(2.5) If, after reviewing the evidence, including evidence

from the Department, the court determines that the minor's

current or planned placement is not necessary or appropriate

to facilitate achievement of the permanency goal, the court

shall put in writing the factual basis supporting its

determination and enter specific findings based on the

evidence. If the court finds that the minor's current or

planned placement is not necessary or appropriate, the court

may enter an order directing the Department to implement a

recommendation by the minor's treating clinician or a

clinician contracted by the Department to evaluate the minor

or a recommendation made by the Department. If the Department

places a minor in a placement under an order entered under this

subsection (2.5), the Department has the authority to remove

the minor from that placement when a change in circumstances

necessitates the removal to protect the minor's health,

safety, and best interest. If the Department determines

removal is necessary, the Department shall notify the parties

of the planned placement change in writing no later than 10

days prior to the implementation of its determination unless

remaining in the placement poses an imminent risk of harm to

the minor, in which case the Department shall notify the

parties of the placement change in writing immediately

following the implementation of its decision. The Department

shall notify others of the decision to change the minor's

placement as required by Department rule.

(3) Following the permanency hearing, the court shall

enter a written order that includes the determinations

required under subsection (2) of this Section and sets forth

the following:

(a) The future status of the minor, including the

permanency goal, and any order necessary to conform the

minor's legal custody and status to such determination; or

(b) If the permanency goal 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).

(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 current or planned

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 the

health, safety, and best interest of the minor.

(iv) (Blank).

(v) (Blank).

(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 Department, the minor, or the current foster

parent or relative caregiver seeking private guardianship

may file a motion for private guardianship of the minor.

Appointment of a guardian under this Section requires

approval of the court.

(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.

When parental rights have been terminated for a

minimum of 3 years and the child who is the subject of the

permanency hearing is 13 years old or older and is not

currently placed in a placement likely to achieve

permanency, the Department of Children and Family Services

shall make reasonable efforts to locate parents whose

rights have been terminated, except when the Court

determines that those efforts would be futile or

inconsistent with the subject child's best interests. The

Department of Children and Family Services shall assess

the appropriateness of the parent whose rights have been

terminated, and shall, as appropriate, foster and support

connections between the parent whose rights have been

terminated and the youth. The Department of Children and

Family Services shall document its determinations and

efforts to foster connections in the child's case plan.

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 or dependent

under Section 2-4 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,

abuse, or dependency is found by the court under paragraph (1)

of Section 2-21 of this Act to have come about due to the acts

or omissions or both of 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 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 for restoration of custody of the minor, and the minor

was adjudicated neglected, abused, or dependent as a result of

physical abuse, the court shall cause to be made an

investigation as to whether the movant 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 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 5-150 of this

Act.

(Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17;

100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff.

8-19-18; 101-63, eff. 10-1-19.)

Section 99. Effective date. This Act takes effect upon

becoming law.