Bill Text: IL HB1791 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Juvenile Court Act of 1987. Provides that if, after reviewing the evidence, including evidence provided from the Department of Children and Family Services, 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 this determination, enter specific findings based on the evidence, enter other orders necessary to protect the health, safety, and best interests of the minor and may direct the Department to implement a recommendation by a clinician, Department, or assigned agency. Provides that if the Department places a minor in a placement under an order, the Department may remove the minor from the placement when a change in circumstances necessitates the removal of the minor to protect the minor's health, safety, and best interest. Provides that if the Department determines a removal of the minor is necessary, the Department shall notify the minor's counsel or guardian ad litem of the planned placement change in writing no later than 10 days prior to the implementation of the Department's determination unless remaining in the placement poses an imminent risk of harm to the minor, in which case the Department shall notify the minor's counsel or guardian ad litem of the placement change in writing immediately following the implementation of the Department's determination. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Enrolled) 2017-06-13 - Sent to the Governor [HB1791 Detail]

Download: Illinois-2017-HB1791-Enrolled.html



HB1791 EnrolledLRB100 05887 SLF 15913 b
1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 2-23 and 2-28 as follows:
6 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
7 Sec. 2-23. Kinds of dispositional orders.
8 (1) The following kinds of orders of disposition may be
9made in respect of wards of the court:
10 (a) A minor under 18 years of age found to be neglected
11 or abused under Section 2-3 or dependent under Section 2-4
12 may be (1) continued in the custody of his or her parents,
13 guardian or legal custodian; (2) placed in accordance with
14 Section 2-27; (3) restored to the custody of the parent,
15 parents, guardian, or legal custodian, provided the court
16 shall order the parent, parents, guardian, or legal
17 custodian to cooperate with the Department of Children and
18 Family Services and comply with the terms of an after-care
19 plan or risk the loss of custody of the child and the
20 possible termination of their parental rights; or (4)
21 ordered partially or completely emancipated in accordance
22 with the provisions of the Emancipation of Minors Act.
23 However, in any case in which a minor is found by the

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1 court to be neglected or abused under Section 2-3 of this
2 Act, custody of the minor shall not be restored to any
3 parent, guardian or legal custodian whose acts or omissions
4 or both have been identified, pursuant to subsection (1) of
5 Section 2-21, as forming the basis for the court's finding
6 of abuse or neglect, until such time as a hearing is held
7 on the issue of the best interests of the minor and the
8 fitness of such parent, guardian or legal custodian to care
9 for the minor without endangering the minor's health or
10 safety, and the court enters an order that such parent,
11 guardian or legal custodian is fit to care for the minor.
12 (b) A minor under 18 years of age found to be dependent
13 under Section 2-4 may be (1) placed in accordance with
14 Section 2-27 or (2) ordered partially or completely
15 emancipated in accordance with the provisions of the
16 Emancipation of Minors Act.
17 However, in any case in which a minor is found by the
18 court to be dependent under Section 2-4 of this Act,
19 custody of the minor shall not be restored to any parent,
20 guardian or legal custodian whose acts or omissions or both
21 have been identified, pursuant to subsection (1) of Section
22 2-21, as forming the basis for the court's finding of
23 dependency, until such time as a hearing is held on the
24 issue of the fitness of such parent, guardian or legal
25 custodian to care for the minor without endangering the
26 minor's health or safety, and the court enters an order

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1 that such parent, guardian or legal custodian is fit to
2 care for the minor.
3 (b-1) A minor between the ages of 18 and 21 may be
4 placed pursuant to Section 2-27 of this Act if (1) the
5 court has granted a supplemental petition to reinstate
6 wardship of the minor pursuant to subsection (2) of Section
7 2-33, or (2) the court has adjudicated the minor a ward of
8 the court, permitted the minor to return home under an
9 order of protection, and subsequently made a finding that
10 it is in the minor's best interest to vacate the order of
11 protection and commit the minor to the Department of
12 Children and Family Services for care and service.
13 (c) When the court awards guardianship to the
14 Department of Children and Family Services, the court shall
15 order the parents to cooperate with the Department of
16 Children and Family Services, comply with the terms of the
17 service plans, and correct the conditions that require the
18 child to be in care, or risk termination of their parental
19 rights.
20 (2) Any order of disposition may provide for protective
21supervision under Section 2-24 and may include an order of
22protection under Section 2-25.
23 Unless the order of disposition expressly so provides, it
24does not operate to close proceedings on the pending petition,
25but is subject to modification, not inconsistent with Section
262-28, until final closing and discharge of the proceedings

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1under Section 2-31.
2 (3) The court also shall enter any other orders necessary
3to fulfill the service plan, including, but not limited to, (i)
4orders requiring parties to cooperate with services, (ii)
5restraining orders controlling the conduct of any party likely
6to frustrate the achievement of the goal, and (iii) visiting
7orders. When the child is placed separately from a sibling, the
8court shall review the Sibling Contact Support Plan developed
9under subsection (f) of Section 7.4 of the Children and Family
10Services Act, if applicable. If the Department has not convened
11a meeting to develop a Sibling Contact Support Plan, or if the
12court finds that the existing Plan is not in the child's best
13interest, the court may enter an order requiring the Department
14to develop and implement a Sibling Contact Support Plan under
15subsection (f) of Section 7.4 of the Children and Family
16Services Act or order mediation. Unless otherwise specifically
17authorized by law, the court is not empowered under this
18subsection (3) to order specific placements, specific
19services, or specific service providers to be included in the
20plan. If, after receiving evidence, the court determines that
21the services contained in the plan are not reasonably
22calculated to facilitate achievement of the permanency goal,
23the court shall put in writing the factual basis supporting the
24determination and enter specific findings based on the
25evidence. The court also shall enter an order for the
26Department to develop and implement a new service plan or to

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1implement changes to the current service plan consistent with
2the court's findings. The new service plan shall be filed with
3the court and served on all parties within 45 days after the
4date of the order. The court shall continue the matter until
5the new service plan is filed. Except as authorized by
6subsection (3.5) of this Section or authorized by law, the
7court is not empowered under this Section to order specific
8placements, specific services, or specific service providers
9to be included in the service plan. Unless otherwise
10specifically authorized by law, the court is not empowered
11under this subsection (3) or under subsection (2) to order
12specific placements, specific services, or specific service
13providers to be included in the plan.
14 (3.5) If, after reviewing the evidence, including evidence
15from the Department, the court determines that the minor's
16current or planned placement is not necessary or appropriate to
17facilitate achievement of the permanency goal, the court shall
18put in writing the factual basis supporting its determination
19and enter specific findings based on the evidence. If the court
20finds that the minor's current or planned placement is not
21necessary or appropriate, the court may enter an order
22directing the Department to implement a recommendation by the
23minor's treating clinician or a clinician contracted by the
24Department to evaluate the minor or a recommendation made by
25the Department. If the Department places a minor in a placement
26under an order entered under this subsection (3.5), the

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1Department has the authority to remove the minor from that
2placement when a change in circumstances necessitates the
3removal to protect the minor's health, safety, and best
4interest. If the Department determines removal is necessary,
5the Department shall notify the parties of the planned
6placement change in writing no later than 10 days prior to the
7implementation of its determination unless remaining in the
8placement poses an imminent risk of harm to the minor, in which
9case the Department shall notify the parties of the placement
10change in writing immediately following the implementation of
11its decision. The Department shall notify others of the
12decision to change the minor's placement as required by
13Department rule.
14 (4) In addition to any other order of disposition, the
15court may order any minor adjudicated neglected with respect to
16his or her own injurious behavior to make restitution, in
17monetary or non-monetary form, under the terms and conditions
18of Section 5-5-6 of the Unified Code of Corrections, except
19that the "presentence hearing" referred to therein shall be the
20dispositional hearing for purposes of this Section. The parent,
21guardian or legal custodian of the minor may pay some or all of
22such restitution on the minor's behalf.
23 (5) Any order for disposition where the minor is committed
24or placed in accordance with Section 2-27 shall provide for the
25parents or guardian of the estate of such minor to pay to the
26legal custodian or guardian of the person of the minor such

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1sums as are determined by the custodian or guardian of the
2person of the minor as necessary for the minor's needs. Such
3payments may not exceed the maximum amounts provided for by
4Section 9.1 of the Children and Family Services Act.
5 (6) Whenever the order of disposition requires the minor to
6attend school or participate in a program of training, the
7truant officer or designated school official shall regularly
8report to the court if the minor is a chronic or habitual
9truant under Section 26-2a of the School Code.
10 (7) The court may terminate the parental rights of a parent
11at the initial dispositional hearing if all of the conditions
12in subsection (5) of Section 2-21 are met.
13(Source: P.A. 96-581, eff. 1-1-10; 96-600, eff. 8-21-09;
1496-1000, eff. 7-2-10; 97-1076, eff. 8-24-12.)
15 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
16 Sec. 2-28. Court review.
17 (1) The court may require any legal custodian or guardian
18of the person appointed under this Act to report periodically
19to the court or may cite him into court and require him or his
20agency, to make a full and accurate report of his or its doings
21in behalf of the minor. The custodian or guardian, within 10
22days after such citation, shall make the report, either in
23writing verified by affidavit or orally under oath in open
24court, or otherwise as the court directs. Upon the hearing of
25the report the court may remove the custodian or guardian and

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1appoint another in his stead or restore the minor to the
2custody of his parents or former guardian or custodian.
3However, custody of the minor shall not be restored to any
4parent, guardian or legal custodian in any case in which the
5minor is found to be neglected or abused under Section 2-3 or
6dependent under Section 2-4 of this Act, unless the minor can
7be cared for at home without endangering the minor's health or
8safety and it is in the best interests of the minor, and if
9such neglect, abuse, or dependency is found by the court under
10paragraph (1) of Section 2-21 of this Act to have come about
11due to the acts or omissions or both of such parent, guardian
12or legal custodian, until such time as an investigation is made
13as provided in paragraph (5) and a hearing is held on the issue
14of the fitness of such parent, guardian or legal custodian to
15care for the minor and the court enters an order that such
16parent, guardian or legal custodian is fit to care for the
17minor.
18 (2) The first permanency hearing shall be conducted by the
19judge. Subsequent permanency hearings may be heard by a judge
20or by hearing officers appointed or approved by the court in
21the manner set forth in Section 2-28.1 of this Act. The initial
22hearing shall be held (a) within 12 months from the date
23temporary custody was taken, regardless of whether an
24adjudication or dispositional hearing has been completed
25within that time frame, (b) if the parental rights of both
26parents have been terminated in accordance with the procedure

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1described in subsection (5) of Section 2-21, within 30 days of
2the order for termination of parental rights and appointment of
3a guardian with power to consent to adoption, or (c) in
4accordance with subsection (2) of Section 2-13.1. Subsequent
5permanency hearings shall be held every 6 months or more
6frequently if necessary in the court's determination following
7the initial permanency hearing, in accordance with the
8standards set forth in this Section, until the court determines
9that the plan and goal have been achieved. Once the plan and
10goal have been achieved, if the minor remains in substitute
11care, the case shall be reviewed at least every 6 months
12thereafter, subject to the provisions of this Section, unless
13the minor is placed in the guardianship of a suitable relative
14or other person and the court determines that further
15monitoring by the court does not further the health, safety or
16best interest of the child and that this is a stable permanent
17placement. The permanency hearings must occur within the time
18frames set forth in this subsection and may not be delayed in
19anticipation of a report from any source or due to the agency's
20failure to timely file its written report (this written report
21means the one required under the next paragraph and does not
22mean the service plan also referred to in that paragraph).
23 The public agency that is the custodian or guardian of the
24minor, or another agency responsible for the minor's care,
25shall ensure that all parties to the permanency hearings are
26provided a copy of the most recent service plan prepared within

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1the prior 6 months at least 14 days in advance of the hearing.
2If not contained in the plan, the agency shall also include a
3report setting forth (i) any special physical, psychological,
4educational, medical, emotional, or other needs of the minor or
5his or her family that are relevant to a permanency or
6placement determination and (ii) for any minor age 16 or over,
7a written description of the programs and services that will
8enable the minor to prepare for independent living. The
9agency's written report must detail what progress or lack of
10progress the parent has made in correcting the conditions
11requiring the child to be in care; whether the child can be
12returned home without jeopardizing the child's health, safety,
13and welfare, and if not, what permanency goal is recommended to
14be in the best interests of the child, and why the other
15permanency goals are not appropriate. The caseworker must
16appear and testify at the permanency hearing. If a permanency
17hearing has not previously been scheduled by the court, the
18moving party shall move for the setting of a permanency hearing
19and the entry of an order within the time frames set forth in
20this subsection.
21 At the permanency hearing, the court shall determine the
22future status of the child. The court shall set one of the
23following permanency goals:
24 (A) The minor will be returned home by a specific date
25 within 5 months.
26 (B) The minor will be in short-term care with a

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1 continued goal to return home within a period not to exceed
2 one year, where the progress of the parent or parents is
3 substantial giving particular consideration to the age and
4 individual needs of the minor.
5 (B-1) The minor will be in short-term care with a
6 continued goal to return home pending a status hearing.
7 When the court finds that a parent has not made reasonable
8 efforts or reasonable progress to date, the court shall
9 identify what actions the parent and the Department must
10 take in order to justify a finding of reasonable efforts or
11 reasonable progress and shall set a status hearing to be
12 held not earlier than 9 months from the date of
13 adjudication nor later than 11 months from the date of
14 adjudication during which the parent's progress will again
15 be reviewed.
16 (C) The minor will be in substitute care pending court
17 determination on termination of parental rights.
18 (D) Adoption, provided that parental rights have been
19 terminated or relinquished.
20 (E) The guardianship of the minor will be transferred
21 to an individual or couple on a permanent basis provided
22 that goals (A) through (D) have been ruled out.
23 (F) The minor over age 15 will be in substitute care
24 pending independence.
25 (G) The minor will be in substitute care because he or
26 she cannot be provided for in a home environment due to

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1 developmental disabilities or mental illness or because he
2 or she is a danger to self or others, provided that goals
3 (A) through (D) have been ruled out.
4 In selecting any permanency goal, the court shall indicate
5in writing the reasons the goal was selected and why the
6preceding goals were ruled out. Where the court has selected a
7permanency goal other than (A), (B), or (B-1), the Department
8of Children and Family Services shall not provide further
9reunification services, but shall provide services consistent
10with the goal selected.
11 (H) Notwithstanding any other provision in this
12 Section, the court may select the goal of continuing foster
13 care as a permanency goal if:
14 (1) The Department of Children and Family Services
15 has custody and guardianship of the minor;
16 (2) The court has ruled out all other permanency
17 goals based on the child's best interest;
18 (3) The court has found compelling reasons, based
19 on written documentation reviewed by the court, to
20 place the minor in continuing foster care. Compelling
21 reasons include:
22 (a) the child does not wish to be adopted or to
23 be placed in the guardianship of his or her
24 relative or foster care placement;
25 (b) the child exhibits an extreme level of need
26 such that the removal of the child from his or her

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1 placement would be detrimental to the child; or
2 (c) the child who is the subject of the
3 permanency hearing has existing close and strong
4 bonds with a sibling, and achievement of another
5 permanency goal would substantially interfere with
6 the subject child's sibling relationship, taking
7 into consideration the nature and extent of the
8 relationship, and whether ongoing contact is in
9 the subject child's best interest, including
10 long-term emotional interest, as compared with the
11 legal and emotional benefit of permanence;
12 (4) The child has lived with the relative or foster
13 parent for at least one year; and
14 (5) The relative or foster parent currently caring
15 for the child is willing and capable of providing the
16 child with a stable and permanent environment.
17 The court shall set a permanency goal that is in the best
18interest of the child. In determining that goal, the court
19shall consult with the minor in an age-appropriate manner
20regarding the proposed permanency or transition plan for the
21minor. The court's determination shall include the following
22factors:
23 (1) Age of the child.
24 (2) Options available for permanence, including both
25 out-of-State and in-State placement options.
26 (3) Current placement of the child and the intent of

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1 the family regarding adoption.
2 (4) Emotional, physical, and mental status or
3 condition of the child.
4 (5) Types of services previously offered and whether or
5 not the services were successful and, if not successful,
6 the reasons the services failed.
7 (6) Availability of services currently needed and
8 whether the services exist.
9 (7) Status of siblings of the minor.
10 The court shall consider (i) the permanency goal contained
11in the service plan, (ii) the appropriateness of the services
12contained in the plan and whether those services have been
13provided, (iii) whether reasonable efforts have been made by
14all the parties to the service plan to achieve the goal, and
15(iv) whether the plan and goal have been achieved. All evidence
16relevant to determining these questions, including oral and
17written reports, may be admitted and may be relied on to the
18extent of their probative value.
19 The court shall make findings as to whether, in violation
20of Section 8.2 of the Abused and Neglected Child Reporting Act,
21any portion of the service plan compels a child or parent to
22engage in any activity or refrain from any activity that is not
23reasonably related to remedying a condition or conditions that
24gave rise or which could give rise to any finding of child
25abuse or neglect. The services contained in the service plan
26shall include services reasonably related to remedy the

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1conditions that gave rise to removal of the child from the home
2of his or her parents, guardian, or legal custodian or that the
3court has found must be remedied prior to returning the child
4home. Any tasks the court requires of the parents, guardian, or
5legal custodian or child prior to returning the child home,
6must be reasonably related to remedying a condition or
7conditions that gave rise to or which could give rise to any
8finding of child abuse or neglect.
9 If the permanency goal is to return home, the court shall
10make findings that identify any problems that are causing
11continued placement of the children away from the home and
12identify what outcomes would be considered a resolution to
13these problems. The court shall explain to the parents that
14these findings are based on the information that the court has
15at that time and may be revised, should additional evidence be
16presented to the court.
17 The court shall review the Sibling Contact Support Plan
18developed or modified under subsection (f) of Section 7.4 of
19the Children and Family Services Act, if applicable. If the
20Department has not convened a meeting to develop or modify a
21Sibling Contact Support Plan, or if the court finds that the
22existing Plan is not in the child's best interest, the court
23may enter an order requiring the Department to develop, modify
24or implement a Sibling Contact Support Plan, or order
25mediation.
26 If the goal has been achieved, the court shall enter orders

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1that are necessary to conform the minor's legal custody and
2status to those findings.
3 If, after receiving evidence, the court determines that the
4services contained in the plan are not reasonably calculated to
5facilitate achievement of the permanency goal, the court shall
6put in writing the factual basis supporting the determination
7and enter specific findings based on the evidence. The court
8also shall enter an order for the Department to develop and
9implement a new service plan or to implement changes to the
10current service plan consistent with the court's findings. The
11new service plan shall be filed with the court and served on
12all parties within 45 days of the date of the order. The court
13shall continue the matter until the new service plan is filed.
14Except as authorized by subsection (2.5) of this Section and as
15otherwise specifically authorized by law, the court is not
16empowered under this Section to order specific placements,
17specific services, or specific service providers to be included
18in the service plan. Unless otherwise specifically authorized
19by law, the court is not empowered under this subsection (2) or
20under subsection (3) to order specific placements, specific
21services, or specific service providers to be included in the
22plan.
23 A guardian or custodian appointed by the court pursuant to
24this Act shall file updated case plans with the court every 6
25months.
26 Rights of wards of the court under this Act are enforceable

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1against any public agency by complaints for relief by mandamus
2filed in any proceedings brought under this Act.
3 (2.5) If, after reviewing the evidence, including evidence
4from the Department, the court determines that the minor's
5current or planned placement is not necessary or appropriate to
6facilitate achievement of the permanency goal, the court shall
7put in writing the factual basis supporting its determination
8and enter specific findings based on the evidence. If the court
9finds that the minor's current or planned placement is not
10necessary or appropriate, the court may enter an order
11directing the Department to implement a recommendation by the
12minor's treating clinician or a clinician contracted by the
13Department to evaluate the minor or a recommendation made by
14the Department. If the Department places a minor in a placement
15under an order entered under this subsection (2.5), the
16Department has the authority to remove the minor from that
17placement when a change in circumstances necessitates the
18removal to protect the minor's health, safety, and best
19interest. If the Department determines removal is necessary,
20the Department shall notify the parties of the planned
21placement change in writing no later than 10 days prior to the
22implementation of its determination unless remaining in the
23placement poses an imminent risk of harm to the minor, in which
24case the Department shall notify the parties of the placement
25change in writing immediately following the implementation of
26its decision. The Department shall notify others of the

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1decision to change the minor's placement as required by
2Department rule.
3 (3) Following the permanency hearing, the court shall enter
4a written order that includes the determinations required under
5subsection (2) of this Section and sets forth the following:
6 (a) The future status of the minor, including the
7 permanency goal, and any order necessary to conform the
8 minor's legal custody and status to such determination; or
9 (b) If the permanency goal of the minor cannot be
10 achieved immediately, the specific reasons for continuing
11 the minor in the care of the Department of Children and
12 Family Services or other agency for short term placement,
13 and the following determinations:
14 (i) (Blank).
15 (ii) Whether the services required by the court and
16 by any service plan prepared within the prior 6 months
17 have been provided and (A) if so, whether the services
18 were reasonably calculated to facilitate the
19 achievement of the permanency goal or (B) if not
20 provided, why the services were not provided.
21 (iii) Whether the minor's current or planned
22 placement is necessary, and appropriate to the plan and
23 goal, recognizing the right of minors to the least
24 restrictive (most family-like) setting available and
25 in close proximity to the parents' home consistent with
26 the health, safety, best interest and special needs of

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1 the minor and, if the minor is placed out-of-State,
2 whether the out-of-State placement continues to be
3 appropriate and consistent with the health, safety,
4 and best interest of the minor.
5 (iv) (Blank).
6 (v) (Blank).
7 (4) The minor or any person interested in the minor may
8apply to the court for a change in custody of the minor and the
9appointment of a new custodian or guardian of the person or for
10the restoration of the minor to the custody of his parents or
11former guardian or custodian.
12 When return home is not selected as the permanency goal:
13 (a) The Department, the minor, or the current foster
14 parent or relative caregiver seeking private guardianship
15 may file a motion for private guardianship of the minor.
16 Appointment of a guardian under this Section requires
17 approval of the court.
18 (b) The State's Attorney may file a motion to terminate
19 parental rights of any parent who has failed to make
20 reasonable efforts to correct the conditions which led to
21 the removal of the child or reasonable progress toward the
22 return of the child, as defined in subdivision (D)(m) of
23 Section 1 of the Adoption Act or for whom any other
24 unfitness ground for terminating parental rights as
25 defined in subdivision (D) of Section 1 of the Adoption Act
26 exists.

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1 When parental rights have been terminated for a minimum
2 of 3 years and the child who is the subject of the
3 permanency hearing is 13 years old or older and is not
4 currently placed in a placement likely to achieve
5 permanency, the Department of Children and Family Services
6 shall make reasonable efforts to locate parents whose
7 rights have been terminated, except when the Court
8 determines that those efforts would be futile or
9 inconsistent with the subject child's best interests. The
10 Department of Children and Family Services shall assess the
11 appropriateness of the parent whose rights have been
12 terminated, and shall, as appropriate, foster and support
13 connections between the parent whose rights have been
14 terminated and the youth. The Department of Children and
15 Family Services shall document its determinations and
16 efforts to foster connections in the child's case plan.
17 Custody of the minor shall not be restored to any parent,
18guardian or legal custodian in any case in which the minor is
19found to be neglected or abused under Section 2-3 or dependent
20under Section 2-4 of this Act, unless the minor can be cared
21for at home without endangering his or her health or safety and
22it is in the best interest of the minor, and if such neglect,
23abuse, or dependency is found by the court under paragraph (1)
24of Section 2-21 of this Act to have come about due to the acts
25or omissions or both of such parent, guardian or legal
26custodian, until such time as an investigation is made as

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1provided in paragraph (5) and a hearing is held on the issue of
2the health, safety and best interest of the minor and the
3fitness of such parent, guardian or legal custodian to care for
4the minor and the court enters an order that such parent,
5guardian or legal custodian is fit to care for the minor. In
6the event that the minor has attained 18 years of age and the
7guardian or custodian petitions the court for an order
8terminating his guardianship or custody, guardianship or
9custody shall terminate automatically 30 days after the receipt
10of the petition unless the court orders otherwise. No legal
11custodian or guardian of the person may be removed without his
12consent until given notice and an opportunity to be heard by
13the court.
14 When the court orders a child restored to the custody of
15the parent or parents, the court shall order the parent or
16parents to cooperate with the Department of Children and Family
17Services and comply with the terms of an after-care plan, or
18risk the loss of custody of the child and possible termination
19of their parental rights. The court may also enter an order of
20protective supervision in accordance with Section 2-24.
21 (5) Whenever a parent, guardian, or legal custodian files a
22motion for restoration of custody of the minor, and the minor
23was adjudicated neglected, abused, or dependent as a result of
24physical abuse, the court shall cause to be made an
25investigation as to whether the movant has ever been charged
26with or convicted of any criminal offense which would indicate

HB1791 Enrolled- 22 -LRB100 05887 SLF 15913 b
1the likelihood of any further physical abuse to the minor.
2Evidence of such criminal convictions shall be taken into
3account in determining whether the minor can be cared for at
4home without endangering his or her health or safety and
5fitness of the parent, guardian, or legal custodian.
6 (a) Any agency of this State or any subdivision thereof
7 shall co-operate with the agent of the court in providing
8 any information sought in the investigation.
9 (b) The information derived from the investigation and
10 any conclusions or recommendations derived from the
11 information shall be provided to the parent, guardian, or
12 legal custodian seeking restoration of custody prior to the
13 hearing on fitness and the movant shall have an opportunity
14 at the hearing to refute the information or contest its
15 significance.
16 (c) All information obtained from any investigation
17 shall be confidential as provided in Section 5-150 of this
18 Act.
19(Source: P.A. 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12;
2098-756, eff. 7-16-14.)
21 Section 99. Effective date. This Act takes effect upon
22becoming law.
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