Public Act 100-0045

HB1791 Enrolled LRB100 05887 SLF 15913 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 Sections 2-23 and 2-28 as follows:

(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 or dependent under Section 2-4

may be (1) continued in the custody of his or her parents,

guardian or legal custodian; (2) placed in accordance with

Section 2-27; (3) restored to the custody of the parent,

parents, guardian, or legal custodian, provided the court

shall order the parent, parents, guardian, or legal

custodian 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; or (4)

ordered partially or completely emancipated in accordance

with the provisions of the Emancipation of 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 whose acts or omissions

or both have been identified, pursuant to subsection (1) of

Section 2-21, as forming the basis for the court's finding

of abuse or neglect, 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 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,

custody of the minor shall not be restored to any parent,

guardian or legal custodian whose acts or omissions or both

have been identified, pursuant to subsection (1) of Section

2-21, as forming the basis for the court's finding of

dependency, 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.

(b-1) A minor between the ages of 18 and 21 may be

placed pursuant to Section 2-27 of this Act if (1) the

court has granted a supplemental petition to reinstate

wardship of the minor pursuant to subsection (2) of Section

2-33, or (2) the court has adjudicated the minor a ward of

the court, permitted the minor to return home under an

order of protection, and subsequently made a finding that

it is in the minor's best interest to vacate the order of

protection and commit the minor to the Department of

Children and Family Services for care and service.

(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 conditions that require the

child to be in care, or risk 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. When the child is placed separately from a sibling, the

court shall review the Sibling Contact Support Plan developed

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 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 and implement a Sibling Contact Support Plan under

subsection (f) of Section 7.4 of the Children and Family

Services Act or order mediation. 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, 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 after the

date of the order. The court shall continue the matter until

the new service plan is filed. Except as authorized by

subsection (3.5) of this Section or 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. Unless otherwise

specifically authorized by law, the court is not empowered

under this subsection (3) or under subsection (2) to order

specific placements, specific services, or specific service

providers to be included in the plan.

(3.5) 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 (3.5), 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.

(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.

(7) The court may terminate the parental rights of a parent

at the initial dispositional hearing if all of the conditions

in subsection (5) of Section 2-21 are met.

(Source: P.A. 96-581, eff. 1-1-10; 96-600, eff. 8-21-09;

96-1000, eff. 7-2-10; 97-1076, eff. 8-24-12.)

(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 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.

(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 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 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 ruled out.

(F) The minor over age 15 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. 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, 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 ruled out all other permanency

goals 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. 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.

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. 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12;

98-756, eff. 7-16-14.)

Section 99. Effective date. This Act takes effect upon

becoming law.