Bill Text: IL HB2885 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts". Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2023-04-24 - Added Chief Co-Sponsor Rep. Mary E. Flowers [HB2885 Detail]
Download: Illinois-2023-HB2885-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||||||||||||||||||
5 | changing Sections 1-2, 1-3, 2-10, 2-13, 2-13.1, 2-21, 2-28, | |||||||||||||||||||||||||||||||||||
6 | and 2-31 as follows:
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7 | (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
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8 | Sec. 1-2. Purpose and policy.
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9 | (1) The purpose of this Act is to secure for each minor | |||||||||||||||||||||||||||||||||||
10 | subject hereto
such care and guidance, preferably in his or | |||||||||||||||||||||||||||||||||||
11 | her own home, as will serve
the safety and moral, emotional, | |||||||||||||||||||||||||||||||||||
12 | mental, and physical
welfare of the minor and the best | |||||||||||||||||||||||||||||||||||
13 | interests of the community; to preserve
and strengthen the | |||||||||||||||||||||||||||||||||||
14 | minor's family ties whenever possible, removing him or
her | |||||||||||||||||||||||||||||||||||
15 | from the custody of his or her parents only when his or her | |||||||||||||||||||||||||||||||||||
16 | safety or
welfare or the protection of the public cannot be | |||||||||||||||||||||||||||||||||||
17 | adequately safeguarded
without removal;
if the child is | |||||||||||||||||||||||||||||||||||
18 | removed from the custody of his or her parent, the Department
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19 | of Children and Family Services immediately shall consider | |||||||||||||||||||||||||||||||||||
20 | concurrent planning,
as described in Section 5 of the Children | |||||||||||||||||||||||||||||||||||
21 | and Family Services Act so that
permanency may occur at the | |||||||||||||||||||||||||||||||||||
22 | earliest opportunity; consideration should be given
so that if | |||||||||||||||||||||||||||||||||||
23 | reunification fails or is delayed, the placement made is
the |
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1 | best available placement to provide permanency for the child;
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2 | and, when the minor is removed from his or her own family,
to | ||||||
3 | secure for him or her custody, care and discipline as nearly as | ||||||
4 | possible
equivalent to that which should be given by his or her | ||||||
5 | parents, and in
cases where it should and can properly be done | ||||||
6 | to place the minor in a
family home so that he or she may | ||||||
7 | become a member of the family by legal
adoption or otherwise. | ||||||
8 | Provided that a ground for unfitness under the Adoption
Act | ||||||
9 | can be met, it may be appropriate to expedite termination of | ||||||
10 | parental
rights:
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11 | (a) when active reasonable efforts are inappropriate, | ||||||
12 | or have been provided and
were unsuccessful, and there are | ||||||
13 | aggravating circumstances including, but not
limited to, | ||||||
14 | those cases in which (i) the child or another child of
that | ||||||
15 | child's parent was (A)
abandoned, (B) tortured, or (C) | ||||||
16 | chronically abused or (ii) the parent is
criminally | ||||||
17 | convicted of (A) first degree murder or second degree | ||||||
18 | murder of any
child, (B) attempt or conspiracy to commit | ||||||
19 | first degree murder or second degree
murder of any child, | ||||||
20 | (C) solicitation to commit murder, solicitation to commit
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21 | murder for hire, solicitation to commit second degree | ||||||
22 | murder of any
child, or aggravated assault in violation of | ||||||
23 | subdivision (a)(13) of Section
12-2 of the Criminal Code | ||||||
24 | of 1961 or the Criminal Code of 2012, or
(D)
aggravated | ||||||
25 | criminal sexual assault in violation of Section | ||||||
26 | 11-1.40(a)(1) or 12-14.1(a)(1) of the
Criminal Code of |
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1 | 1961 or the Criminal Code of 2012; or
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2 | (b) when the parental rights of a parent with respect | ||||||
3 | to another child
of the parent have been involuntarily | ||||||
4 | terminated; or
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5 | (c) in those extreme cases in which the parent's | ||||||
6 | incapacity to care for
the child, combined with an | ||||||
7 | extremely poor prognosis for treatment or
rehabilitation, | ||||||
8 | justifies expedited termination of parental rights.
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9 | (2) In all proceedings under this Act the court may direct | ||||||
10 | the
course thereof so as promptly to ascertain the | ||||||
11 | jurisdictional facts and
fully to gather information bearing | ||||||
12 | upon the current condition and
future welfare of persons | ||||||
13 | subject to this Act. This Act shall be
administered in a spirit | ||||||
14 | of humane concern, not only for the rights of
the parties, but | ||||||
15 | also for the fears and the limits of understanding of
all who | ||||||
16 | appear before the court.
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17 | (3) In all procedures under this Act, the following shall | ||||||
18 | apply:
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19 | (a) The procedural rights assured to the minor shall | ||||||
20 | be the rights of
adults unless specifically precluded by | ||||||
21 | laws which enhance the
protection of such minors.
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22 | (b) Every child has a right to services necessary to | ||||||
23 | his or her safety
and proper development, including | ||||||
24 | health, education and social services.
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25 | (c) The parents' right to the custody of their child | ||||||
26 | shall not prevail
when the court determines that it is |
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1 | contrary to the health, safety, and
best interests of the | ||||||
2 | child.
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3 | (4) This Act shall be liberally construed to carry out the | ||||||
4 | foregoing
purpose and policy.
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5 | (Source: P.A. 97-1150, eff. 1-25-13.)
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6 | (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
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7 | Sec. 1-3. Definitions. Terms used in this Act, unless the | ||||||
8 | context
otherwise requires, have the following meanings | ||||||
9 | ascribed to them:
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10 | (.05) "Active efforts" means efforts that are affirmative, | ||||||
11 | active, thorough, timely and intended to maintain or reunite a | ||||||
12 | child with the child's family and represent a higher standard | ||||||
13 | of conduct than reasonable efforts. | ||||||
14 | (1) "Adjudicatory hearing" means a hearing to
determine | ||||||
15 | whether the allegations of a petition under Section 2-13, 3-15 | ||||||
16 | or
4-12 that a minor under 18 years of age is abused, neglected | ||||||
17 | or dependent, or
requires authoritative intervention, or | ||||||
18 | addicted, respectively, are supported
by a preponderance of | ||||||
19 | the evidence or whether the allegations of a petition
under | ||||||
20 | Section 5-520 that a minor is delinquent are proved beyond a | ||||||
21 | reasonable
doubt.
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22 | (2) "Adult" means a person 21 years of age or older.
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23 | (3) "Agency" means a public or private child care facility
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24 | legally authorized or licensed by this State for placement or | ||||||
25 | institutional
care or for both placement and institutional |
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1 | care.
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2 | (4) "Association" means any organization, public or
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3 | private, engaged in welfare functions which include services | ||||||
4 | to or on behalf of
children but does not include "agency" as | ||||||
5 | herein defined.
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6 | (4.05) Whenever a "best interest" determination is
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7 | required, the following factors shall be considered in the | ||||||
8 | context of the
child's age and developmental needs:
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9 | (a) the physical safety and welfare of the child, | ||||||
10 | including food, shelter,
health, and clothing;
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11 | (b) the development of the child's identity;
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12 | (c) the child's background and ties, including | ||||||
13 | familial,
cultural, and religious;
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14 | (d) the child's sense of attachments, including:
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15 | (i) where the child actually feels love, | ||||||
16 | attachment, and a sense of
being valued (as opposed to | ||||||
17 | where adults believe the child should
feel such love, | ||||||
18 | attachment, and a sense of being valued);
| ||||||
19 | (ii) the child's sense of security;
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20 | (iii) the child's sense of familiarity;
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21 | (iv) continuity of affection for the child;
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22 | (v) the least disruptive placement alternative for | ||||||
23 | the child;
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24 | (e) the child's wishes and long-term goals;
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25 | (f) the child's community ties, including church, | ||||||
26 | school, and friends;
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1 | (g) the child's need for permanence which includes the | ||||||
2 | child's need for
stability and continuity of relationships | ||||||
3 | with parent figures and with siblings
and other relatives;
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4 | (h) the uniqueness of every family and child;
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5 | (i) the risks attendant to entering and being in | ||||||
6 | substitute care; and
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7 | (j) the preferences of the persons available to care | ||||||
8 | for the child.
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9 | (4.1) "Chronic truant" shall have the definition
ascribed | ||||||
10 | to it in Section 26-2a of the School Code.
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11 | (5) "Court" means the circuit court in a session or | ||||||
12 | division
assigned to hear proceedings under this Act.
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13 | (6) "Dispositional hearing" means a hearing to
determine | ||||||
14 | whether a minor should be adjudged to be a ward of the court, | ||||||
15 | and to
determine what order of disposition should be made in | ||||||
16 | respect to a minor
adjudged to be a ward of the court.
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17 | (6.5) "Dissemination" or "disseminate" means to publish, | ||||||
18 | produce, print, manufacture, distribute, sell, lease, exhibit, | ||||||
19 | broadcast, display, transmit, or otherwise share information | ||||||
20 | in any format so as to make the information accessible to | ||||||
21 | others. | ||||||
22 | (7) "Emancipated minor" means any minor 16 years of age or | ||||||
23 | over who has
been completely or partially emancipated under | ||||||
24 | the Emancipation of
Minors Act or
under this Act.
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25 | (7.03) "Expunge" means to physically destroy the records | ||||||
26 | and to obliterate the minor's name from any official index, |
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1 | public record, or electronic database. | ||||||
2 | (7.05) "Foster parent" includes a relative caregiver | ||||||
3 | selected by the Department of Children and Family Services to | ||||||
4 | provide care for the minor. | ||||||
5 | (8) "Guardianship of the person" of a minor
means the duty | ||||||
6 | and authority to act in the best interests of the minor, | ||||||
7 | subject
to residual parental rights and responsibilities, to | ||||||
8 | make important decisions
in matters having a permanent effect | ||||||
9 | on the life and development of the minor
and to be concerned | ||||||
10 | with his or her general welfare. It includes but is not
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11 | necessarily limited to:
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12 | (a) the authority to consent to marriage, to | ||||||
13 | enlistment in the armed
forces of the United States, or to | ||||||
14 | a major medical, psychiatric, and
surgical treatment; to | ||||||
15 | represent the minor in legal actions; and to make
other | ||||||
16 | decisions of substantial legal significance concerning the | ||||||
17 | minor;
| ||||||
18 | (b) the authority and duty of reasonable visitation, | ||||||
19 | except to the
extent that these have been limited in the | ||||||
20 | best interests of the minor by
court order;
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21 | (c) the rights and responsibilities of legal custody | ||||||
22 | except where legal
custody has been vested in another | ||||||
23 | person or agency; and
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24 | (d) the power to consent to the adoption of the minor, | ||||||
25 | but only if
expressly conferred on the guardian in | ||||||
26 | accordance with Section 2-29, 3-30, or
4-27.
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1 | (8.1) "Juvenile court record" includes, but is not limited | ||||||
2 | to: | ||||||
3 | (a) all documents filed in or maintained by the | ||||||
4 | juvenile court pertaining to a specific incident, | ||||||
5 | proceeding, or individual; | ||||||
6 | (b) all documents relating to a specific incident, | ||||||
7 | proceeding, or individual made available to or maintained | ||||||
8 | by probation officers; | ||||||
9 | (c) all documents, video or audio tapes, photographs, | ||||||
10 | and exhibits admitted into evidence at juvenile court | ||||||
11 | hearings; or | ||||||
12 | (d) all documents, transcripts, records, reports, or | ||||||
13 | other evidence prepared by, maintained by, or released by | ||||||
14 | any municipal, county, or State agency or department, in | ||||||
15 | any format, if indicating involvement with the juvenile | ||||||
16 | court relating to a specific incident, proceeding, or | ||||||
17 | individual. | ||||||
18 | (8.2) "Juvenile law enforcement record" includes records | ||||||
19 | of arrest, station adjustments, fingerprints, probation | ||||||
20 | adjustments, the issuance of a notice to appear, or any other | ||||||
21 | records or documents maintained by any law enforcement agency | ||||||
22 | relating to a minor suspected of committing an offense, and | ||||||
23 | records maintained by a law enforcement agency that identifies | ||||||
24 | a juvenile as a suspect in committing an offense, but does not | ||||||
25 | include records identifying a juvenile as a victim, witness, | ||||||
26 | or missing juvenile and any records created, maintained, or |
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1 | used for purposes of referral to programs relating to | ||||||
2 | diversion as defined in subsection (6) of Section 5-105. | ||||||
3 | (9) "Legal custody" means the relationship created by an
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4 | order of court in the best interests of the minor which imposes | ||||||
5 | on the
custodian the responsibility of physical possession of | ||||||
6 | a minor and the duty to
protect, train and discipline him and | ||||||
7 | to provide him with food, shelter,
education and ordinary | ||||||
8 | medical care, except as these are limited by residual
parental | ||||||
9 | rights and responsibilities and the rights and | ||||||
10 | responsibilities of the
guardian of the person, if any.
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11 | (9.1) "Mentally capable adult relative" means a person 21 | ||||||
12 | years of age or older who is not suffering from a mental | ||||||
13 | illness that prevents him or her from providing the care | ||||||
14 | necessary to safeguard the physical safety and welfare of a | ||||||
15 | minor who is left in that person's care by the parent or | ||||||
16 | parents or other person responsible for the minor's welfare. | ||||||
17 | (10) "Minor" means a person under the age of 21 years | ||||||
18 | subject to
this Act.
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19 | (11) "Parent" means a father or mother of a child and
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20 | includes any adoptive parent. It also includes a person (i)
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21 | whose parentage
is presumed or has been established under the | ||||||
22 | law of this or another
jurisdiction or (ii) who has registered | ||||||
23 | with the Putative Father Registry in
accordance with Section | ||||||
24 | 12.1 of the Adoption Act and whose paternity has not
been ruled | ||||||
25 | out under the law of this or another jurisdiction. It does not
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26 | include a
parent whose rights in respect to the
minor have been |
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1 | terminated in any manner provided by law. It does not include a | ||||||
2 | person who has been or could be determined to be a parent under | ||||||
3 | the Illinois Parentage Act of 1984 or the Illinois Parentage | ||||||
4 | Act of 2015, or similar parentage law in any other state, if | ||||||
5 | that person has been convicted of or pled nolo contendere to a | ||||||
6 | crime that resulted in the conception of the child under | ||||||
7 | Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, | ||||||
8 | 12-14.1, subsection (a) or (b) (but not subsection (c)) of | ||||||
9 | Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or | ||||||
10 | (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012, or similar | ||||||
12 | statute in another jurisdiction unless upon motion of any | ||||||
13 | party, other than the offender, to the juvenile court | ||||||
14 | proceedings the court finds it is in the child's best interest | ||||||
15 | to deem the offender a parent for purposes of the juvenile | ||||||
16 | court proceedings.
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17 | (11.1) "Permanency goal" means a goal set by the court as | ||||||
18 | defined in
subdivision (2) of Section 2-28.
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19 | (11.2) "Permanency hearing" means a hearing to set the | ||||||
20 | permanency goal and
to review and determine (i) the | ||||||
21 | appropriateness of the services contained in
the plan and | ||||||
22 | whether those services have been provided, (ii) whether active | ||||||
23 | reasonable
efforts have been made by all the parties to the | ||||||
24 | service plan to achieve the
goal, and (iii) whether the plan | ||||||
25 | and goal have been achieved.
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26 | (12) "Petition" means the petition provided for in Section
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1 | 2-13, 3-15, 4-12 or 5-520, including any supplemental | ||||||
2 | petitions thereunder
in Section 3-15, 4-12 or 5-520.
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3 | (12.1) "Physically capable adult relative" means a person | ||||||
4 | 21 years of age or older who does not have a severe physical | ||||||
5 | disability or medical condition, or is not suffering from | ||||||
6 | alcoholism or drug addiction, that prevents him or her from | ||||||
7 | providing the care necessary to safeguard the physical safety | ||||||
8 | and welfare of a minor who is left in that person's care by the | ||||||
9 | parent or parents or other person responsible for the minor's | ||||||
10 | welfare. | ||||||
11 | (12.2) "Post Permanency Sibling Contact Agreement" has the | ||||||
12 | meaning ascribed to the term in Section 7.4 of the Children and | ||||||
13 | Family Services Act. | ||||||
14 | (12.3) "Residential treatment center" means a licensed | ||||||
15 | setting that provides 24-hour care to children in a group home | ||||||
16 | or institution, including a facility licensed as a child care | ||||||
17 | institution under Section 2.06 of the Child Care Act of 1969, a | ||||||
18 | licensed group home under Section 2.16 of the Child Care Act of | ||||||
19 | 1969, a secure child care facility as defined in paragraph | ||||||
20 | (18) of this Section, or any similar facility in another | ||||||
21 | state. "Residential treatment center" does not include a | ||||||
22 | relative foster home or a licensed foster family home. | ||||||
23 | (13) "Residual parental
rights and responsibilities" means | ||||||
24 | those rights and responsibilities remaining
with the parent | ||||||
25 | after the transfer of legal custody or guardianship of the
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26 | person, including, but not necessarily limited to, the right |
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1 | to reasonable
visitation (which may be limited by the court in | ||||||
2 | the best interests of the
minor as provided in subsection | ||||||
3 | (8)(b) of this Section), the right to consent
to adoption, the | ||||||
4 | right to determine the minor's religious affiliation, and the
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5 | responsibility for his support.
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6 | (14) "Shelter" means the temporary care of a minor in
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7 | physically unrestricting facilities pending court disposition | ||||||
8 | or execution of
court order for placement.
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9 | (14.05) "Shelter placement" means a temporary or emergency | ||||||
10 | placement for a minor, including an emergency foster home | ||||||
11 | placement. | ||||||
12 | (14.1) "Sibling Contact Support Plan" has the meaning | ||||||
13 | ascribed to the term in Section 7.4 of the Children and Family | ||||||
14 | Services Act. | ||||||
15 | (14.2) "Significant event report" means a written document | ||||||
16 | describing an occurrence or event beyond the customary | ||||||
17 | operations, routines, or relationships in the Department of | ||||||
18 | Children of Family Services, a child care facility, or other | ||||||
19 | entity that is licensed or regulated by the Department of | ||||||
20 | Children of Family Services or that provides services for the | ||||||
21 | Department of Children of Family Services under a grant, | ||||||
22 | contract, or purchase of service agreement; involving children | ||||||
23 | or youth, employees, foster parents, or relative caregivers; | ||||||
24 | allegations of abuse or neglect or any other incident raising | ||||||
25 | a concern about the well-being of a minor under the | ||||||
26 | jurisdiction of the court under Article II of the Juvenile |
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1 | Court Act; incidents involving damage to property, allegations | ||||||
2 | of criminal activity, misconduct, or other occurrences | ||||||
3 | affecting the operations of the Department of Children of | ||||||
4 | Family Services or a child care facility; any incident that | ||||||
5 | could have media impact; and unusual incidents as defined by | ||||||
6 | Department of Children and Family Services rule. | ||||||
7 | (15) "Station adjustment" means the informal
handling of | ||||||
8 | an alleged offender by a juvenile police officer.
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9 | (16) "Ward of the court" means a minor who is so
adjudged | ||||||
10 | under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
| ||||||
11 | requisite jurisdictional facts, and thus is subject to the | ||||||
12 | dispositional powers
of the court under this Act.
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13 | (17) "Juvenile police officer" means a sworn
police | ||||||
14 | officer who has completed a Basic Recruit Training Course, has | ||||||
15 | been
assigned to the position of juvenile police officer by | ||||||
16 | his or her chief law
enforcement officer and has completed the | ||||||
17 | necessary juvenile officers training
as prescribed by the | ||||||
18 | Illinois Law Enforcement Training Standards Board, or in
the | ||||||
19 | case of a State police officer, juvenile officer
training | ||||||
20 | approved by the Director of the Illinois State Police.
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21 | (18) "Secure child care facility" means any child care | ||||||
22 | facility licensed
by the Department of Children and Family | ||||||
23 | Services to provide secure living
arrangements for children | ||||||
24 | under 18 years of age who are subject to placement in
| ||||||
25 | facilities under the Children and Family Services Act and who | ||||||
26 | are not subject
to placement in facilities for whom standards |
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| |||||||
1 | are established by the Department
of Corrections under Section | ||||||
2 | 3-15-2 of the Unified Code of Corrections.
"Secure child care | ||||||
3 | facility" also means a
facility that is designed and operated | ||||||
4 | to ensure that all entrances and
exits
from the facility, a | ||||||
5 | building, or a distinct part of the building are under the
| ||||||
6 | exclusive control of the staff of the facility, whether or not | ||||||
7 | the child has
the freedom of movement within the perimeter of | ||||||
8 | the facility, building, or
distinct part of the building.
| ||||||
9 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
10 | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| ||||||
11 | Sec. 2-10. Temporary custody hearing. At the appearance of | ||||||
12 | the
minor before the court at the temporary custody hearing, | ||||||
13 | all
witnesses present shall be examined before the court in | ||||||
14 | relation to any
matter connected with the allegations made in | ||||||
15 | the petition.
| ||||||
16 | (1) If the court finds that there is not probable cause to | ||||||
17 | believe
that the minor is abused, neglected or dependent it | ||||||
18 | shall release
the minor and dismiss the petition.
| ||||||
19 | (2) If the court finds that there is probable cause to | ||||||
20 | believe that
the minor is abused, neglected or dependent, the | ||||||
21 | court shall state in writing
the factual basis supporting its | ||||||
22 | finding and the minor, his or her parent,
guardian, custodian | ||||||
23 | and other persons able to give relevant testimony
shall be | ||||||
24 | examined before the court. The Department of Children and
| ||||||
25 | Family Services shall give testimony concerning indicated |
| |||||||
| |||||||
1 | reports of abuse
and neglect, of which they are aware through | ||||||
2 | the central registry,
involving the minor's parent, guardian | ||||||
3 | or custodian. After such
testimony, the court may, consistent | ||||||
4 | with
the health,
safety and best interests of the minor,
enter | ||||||
5 | an order that the minor shall be released
upon the request of | ||||||
6 | parent, guardian or custodian if the parent, guardian
or | ||||||
7 | custodian appears to take custody. If it is determined that a | ||||||
8 | parent's, guardian's, or custodian's compliance with critical | ||||||
9 | services mitigates the necessity for removal of the minor from | ||||||
10 | his or her home, the court may enter an Order of Protection | ||||||
11 | setting forth reasonable conditions of behavior that a parent, | ||||||
12 | guardian, or custodian must observe for a specified period of | ||||||
13 | time, not to exceed 12 months, without a violation; provided, | ||||||
14 | however, that the 12-month period shall begin anew after any | ||||||
15 | violation. "Custodian" includes the Department of Children and | ||||||
16 | Family Services, if it has been given custody of the child, or | ||||||
17 | any other agency of the State which has been given custody or | ||||||
18 | wardship of the child. If it is
consistent with the health, | ||||||
19 | safety and best interests of the
minor, the
court may also | ||||||
20 | prescribe shelter care and
order that the minor be kept in a | ||||||
21 | suitable place designated by the court or in
a shelter care | ||||||
22 | facility designated by the Department of Children and Family
| ||||||
23 | Services or a licensed child welfare
agency; however, on and | ||||||
24 | after January 1, 2015 (the effective date of Public Act | ||||||
25 | 98-803) and before January 1, 2017, a minor charged with a
| ||||||
26 | criminal offense under the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012 or adjudicated delinquent
shall not be | ||||||
2 | placed in the custody of or committed to the Department of
| ||||||
3 | Children and Family Services by any court, except a minor less | ||||||
4 | than 16
years of age and committed to the Department of | ||||||
5 | Children and Family Services
under Section 5-710 of this Act | ||||||
6 | or a minor for whom an independent
basis of
abuse, neglect, or | ||||||
7 | dependency exists; and on and after January 1, 2017, a minor | ||||||
8 | charged with a
criminal offense under the Criminal Code of | ||||||
9 | 1961 or the Criminal Code of 2012 or adjudicated delinquent
| ||||||
10 | shall not be placed in the custody of or committed to the | ||||||
11 | Department of
Children and Family Services by any court, | ||||||
12 | except a minor less than 15 years of age and committed to the | ||||||
13 | Department of Children and Family Services
under Section 5-710 | ||||||
14 | of this Act or a minor for whom an independent
basis of
abuse, | ||||||
15 | neglect, or dependency exists.
An independent basis exists | ||||||
16 | when the allegations or adjudication of abuse, neglect, or | ||||||
17 | dependency do not arise from the same facts, incident, or | ||||||
18 | circumstances which give rise to a charge or adjudication of | ||||||
19 | delinquency.
| ||||||
20 | In placing the minor, the Department or other
agency | ||||||
21 | shall, to the extent
compatible with the court's order, comply | ||||||
22 | with Section 7 of the Children and
Family Services Act.
In | ||||||
23 | determining
the health, safety and best interests of the minor | ||||||
24 | to prescribe shelter
care, the court must
find that it is a | ||||||
25 | matter of immediate and urgent necessity for the safety
and | ||||||
26 | protection
of the minor or of the person or property of another |
| |||||||
| |||||||
1 | that the minor be placed
in a shelter care facility or that he | ||||||
2 | or she is likely to flee the jurisdiction
of the court, and | ||||||
3 | must further find that active reasonable efforts have been | ||||||
4 | made or
that, consistent with the health, safety and best | ||||||
5 | interests of
the minor, no efforts reasonably can be made to
| ||||||
6 | prevent or eliminate the necessity of removal of the minor | ||||||
7 | from his or her
home. The court shall require documentation | ||||||
8 | from the Department of Children and
Family Services as to the | ||||||
9 | active reasonable efforts that were made to prevent or
| ||||||
10 | eliminate the necessity of removal of the minor from his or her | ||||||
11 | home or the
reasons why no efforts reasonably could be made to | ||||||
12 | prevent or eliminate the
necessity of removal. When a minor is | ||||||
13 | placed in the home of a relative, the
Department of Children | ||||||
14 | and Family Services shall complete a preliminary
background | ||||||
15 | review of the members of the minor's custodian's household in
| ||||||
16 | accordance with Section 4.3 of the Child Care Act of 1969 | ||||||
17 | within 90 days of
that placement. If the minor is ordered | ||||||
18 | placed in a shelter care facility of
the Department of | ||||||
19 | Children and
Family Services or a licensed child welfare | ||||||
20 | agency, the court shall, upon
request of the appropriate | ||||||
21 | Department or other agency, appoint the
Department of Children | ||||||
22 | and Family Services Guardianship Administrator or
other | ||||||
23 | appropriate agency executive temporary custodian of the minor | ||||||
24 | and the
court may enter such other orders related to the | ||||||
25 | temporary custody as it
deems fit and proper, including the | ||||||
26 | provision of services to the minor or
his family to ameliorate |
| |||||||
| |||||||
1 | the causes contributing to the finding of probable
cause or to | ||||||
2 | the finding of the existence of immediate and urgent | ||||||
3 | necessity. | ||||||
4 | Where the Department of Children and Family Services | ||||||
5 | Guardianship Administrator is appointed as the executive | ||||||
6 | temporary custodian, the Department of Children and Family | ||||||
7 | Services shall file with the court and serve on the parties a | ||||||
8 | parent-child visiting plan, within 10 days, excluding weekends | ||||||
9 | and holidays, after the appointment. The parent-child visiting | ||||||
10 | plan shall set out the time and place of visits, the frequency | ||||||
11 | of visits, the length of visits, who shall be present at the | ||||||
12 | visits, and where appropriate, the minor's opportunities to | ||||||
13 | have telephone and mail communication with the parents. | ||||||
14 | Where the Department of Children and Family Services | ||||||
15 | Guardianship Administrator is
appointed as the executive | ||||||
16 | temporary custodian, and when the child has siblings in care,
| ||||||
17 | the Department of Children and Family Services shall file with | ||||||
18 | the court and serve on the
parties a sibling placement and | ||||||
19 | contact plan within 10 days, excluding weekends and
holidays, | ||||||
20 | after the appointment. The sibling placement and contact plan | ||||||
21 | shall set forth
whether the siblings are placed together, and | ||||||
22 | if they are not placed together, what, if any,
efforts are | ||||||
23 | being made to place them together. If the Department has | ||||||
24 | determined that it is
not in a child's best interest to be | ||||||
25 | placed with a sibling, the Department shall document in
the | ||||||
26 | sibling placement and contact plan the basis for its |
| |||||||
| |||||||
1 | determination. For siblings placed
separately, the sibling | ||||||
2 | placement and contact plan shall set the time and place for | ||||||
3 | visits,
the frequency of the visits, the length of visits, who | ||||||
4 | shall be present for the visits, and
where appropriate, the | ||||||
5 | child's opportunities to have contact with their siblings in | ||||||
6 | addition to
in person contact. If the Department determines it | ||||||
7 | is not in the best interest of a sibling to
have contact with a | ||||||
8 | sibling, the Department shall document in the sibling | ||||||
9 | placement and
contact plan the basis for its determination. | ||||||
10 | The sibling placement and contact plan shall
specify a date | ||||||
11 | for development of the Sibling Contact Support Plan, under | ||||||
12 | subsection (f) of Section 7.4 of the Children and Family | ||||||
13 | Services Act, and shall remain in effect until the Sibling | ||||||
14 | Contact Support Plan is developed. | ||||||
15 | For good cause, the court may waive the requirement to | ||||||
16 | file the parent-child visiting plan or the sibling placement | ||||||
17 | and contact plan, or extend the time for filing either plan. | ||||||
18 | Any party may, by motion, request the court to review the | ||||||
19 | parent-child visiting plan to determine whether it is | ||||||
20 | reasonably calculated to expeditiously facilitate the | ||||||
21 | achievement of the permanency goal. A party may, by motion, | ||||||
22 | request the court to review the parent-child visiting plan or | ||||||
23 | the sibling placement and contact plan to determine whether it | ||||||
24 | is consistent with the minor's best interest. The court may | ||||||
25 | refer the parties to mediation where available. The frequency, | ||||||
26 | duration, and locations of visitation shall be measured by the |
| |||||||
| |||||||
1 | needs of the child and family, and not by the convenience of | ||||||
2 | Department personnel. Child development principles shall be | ||||||
3 | considered by the court in its analysis of how frequent | ||||||
4 | visitation should be, how long it should last, where it should | ||||||
5 | take place, and who should be present. If upon motion of the | ||||||
6 | party to review either plan and after receiving evidence, the | ||||||
7 | court determines that the parent-child visiting plan is not | ||||||
8 | reasonably calculated to expeditiously facilitate the | ||||||
9 | achievement of the permanency goal or that the restrictions | ||||||
10 | placed on parent-child contact or sibling placement or contact | ||||||
11 | are contrary to the child's best interests, the court shall | ||||||
12 | put in writing the factual basis supporting the determination | ||||||
13 | and enter specific findings based on the evidence. The court | ||||||
14 | shall enter an order for the Department to implement changes | ||||||
15 | to the parent-child visiting plan or sibling placement or | ||||||
16 | contact plan, consistent with the court's findings. At any | ||||||
17 | stage of proceeding, any party may by motion request the court | ||||||
18 | to enter any orders necessary to implement the parent-child | ||||||
19 | visiting plan, sibling placement or contact plan or | ||||||
20 | subsequently developed Sibling Contact Support Plan. Nothing | ||||||
21 | under this subsection (2) shall restrict the court from | ||||||
22 | granting discretionary authority to the Department to increase | ||||||
23 | opportunities for additional parent-child contacts or sibling | ||||||
24 | contacts, without further court orders. Nothing in this | ||||||
25 | subsection (2) shall restrict the Department from immediately | ||||||
26 | restricting or terminating parent-child contact or sibling |
| |||||||
| |||||||
1 | contacts, without either amending the parent-child visiting | ||||||
2 | plan or the sibling contact plan or obtaining a court order, | ||||||
3 | where the Department or its assigns reasonably believe there | ||||||
4 | is an immediate need to protect the child's health, safety, | ||||||
5 | and welfare. Such restrictions or terminations must be based | ||||||
6 | on available facts to the Department and its assigns when | ||||||
7 | viewed in light of the surrounding circumstances and shall | ||||||
8 | only occur on an individual case-by-case basis. The Department | ||||||
9 | shall file with the court and serve on the parties any | ||||||
10 | amendments to the plan within 10 days, excluding weekends and | ||||||
11 | holidays, of the change of the visitation. | ||||||
12 | Acceptance of services shall not be considered an | ||||||
13 | admission of any
allegation in a petition made pursuant to | ||||||
14 | this Act, nor may a referral of
services be considered as | ||||||
15 | evidence in any proceeding pursuant to this Act,
except where | ||||||
16 | the issue is whether the Department has made active reasonable
| ||||||
17 | efforts to reunite the family. In making its findings that it | ||||||
18 | is
consistent with the health, safety and best
interests of | ||||||
19 | the minor to prescribe shelter care, the court shall state in
| ||||||
20 | writing (i) the factual basis supporting its findings | ||||||
21 | concerning the
immediate and urgent necessity for the | ||||||
22 | protection of the minor or of the person
or property of another | ||||||
23 | and (ii) the factual basis supporting its findings that
active | ||||||
24 | reasonable efforts were made to prevent or eliminate the | ||||||
25 | removal of the minor
from his or her home or that no efforts | ||||||
26 | reasonably could be made to prevent or
eliminate the removal |
| |||||||
| |||||||
1 | of the minor from his or her home. The
parents, guardian, | ||||||
2 | custodian, temporary custodian and minor shall each be
| ||||||
3 | furnished a copy of such written findings. The temporary | ||||||
4 | custodian shall
maintain a copy of the court order and written | ||||||
5 | findings in the case record
for the child. The order together | ||||||
6 | with the court's findings of fact in
support thereof shall be | ||||||
7 | entered of record in the court.
| ||||||
8 | Once the court finds that it is a matter of immediate and | ||||||
9 | urgent necessity
for the protection of the minor that the | ||||||
10 | minor be placed in a shelter care
facility, the minor shall not | ||||||
11 | be returned to the parent, custodian or guardian
until the | ||||||
12 | court finds that such placement is no longer necessary for the
| ||||||
13 | protection of the minor.
| ||||||
14 | If the child is placed in the temporary custody of the | ||||||
15 | Department of
Children
and Family
Services for his or her | ||||||
16 | protection, the court shall admonish the parents,
guardian,
| ||||||
17 | custodian or responsible relative that the parents must | ||||||
18 | cooperate with the
Department of Children and Family Services, | ||||||
19 | comply
with the terms of the service plans, and correct the | ||||||
20 | conditions which require
the child to be in care, or risk | ||||||
21 | termination of their parental
rights. The court shall ensure, | ||||||
22 | by inquiring in open court of each parent, guardian, custodian | ||||||
23 | or responsible relative, that the parent, guardian, custodian | ||||||
24 | or responsible relative has had the opportunity to provide the | ||||||
25 | Department with all known names, addresses, and telephone | ||||||
26 | numbers of each of the minor's living maternal and paternal |
| |||||||
| |||||||
1 | adult relatives, including, but not limited to, grandparents, | ||||||
2 | aunts, uncles, and siblings. The court shall advise the | ||||||
3 | parents, guardian, custodian or responsible relative to inform | ||||||
4 | the Department if additional information regarding the minor's | ||||||
5 | adult relatives becomes available.
| ||||||
6 | (3) If prior to the shelter care hearing for a minor | ||||||
7 | described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | ||||||
8 | unable to serve notice on the
party respondent, the shelter | ||||||
9 | care hearing may proceed ex parte. A shelter
care order from an | ||||||
10 | ex parte hearing shall be endorsed with the date and
hour of | ||||||
11 | issuance and shall be filed with the clerk's office and | ||||||
12 | entered of
record. The order shall expire after 10 days from | ||||||
13 | the time it is issued
unless before its expiration it is | ||||||
14 | renewed, at a hearing upon appearance
of the party respondent, | ||||||
15 | or upon an affidavit of the moving party as to all
diligent | ||||||
16 | efforts to notify the party respondent by notice as herein
| ||||||
17 | prescribed. The notice prescribed shall be in writing and | ||||||
18 | shall be
personally delivered to the minor or the minor's | ||||||
19 | attorney and to the last
known address of the other person or | ||||||
20 | persons entitled to notice. The
notice shall also state the | ||||||
21 | nature of the allegations, the nature of the
order sought by | ||||||
22 | the State, including whether temporary custody is sought,
and | ||||||
23 | the consequences of failure to appear and shall contain a | ||||||
24 | notice
that the parties will not be entitled to further | ||||||
25 | written notices or publication
notices of proceedings in this | ||||||
26 | case, including the filing of an amended
petition or a motion |
| |||||||
| |||||||
1 | to terminate parental rights, except as required by
Supreme | ||||||
2 | Court Rule 11; and shall explain the
right of
the parties and | ||||||
3 | the procedures to vacate or modify a shelter care order as
| ||||||
4 | provided in this Section. The notice for a shelter care | ||||||
5 | hearing shall be
substantially as follows:
| ||||||
6 | NOTICE TO PARENTS AND CHILDREN
| ||||||
7 | OF SHELTER CARE HEARING
| ||||||
8 | On ................ at ........., before the Honorable | ||||||
9 | ................,
(address:) ................., the State | ||||||
10 | of Illinois will present evidence
(1) that (name of child | ||||||
11 | or children) ....................... are abused,
neglected | ||||||
12 | or dependent for the following reasons:
| ||||||
13 | ..............................................
and (2) | ||||||
14 | whether there is "immediate and urgent necessity" to | ||||||
15 | remove the child
or children from the responsible | ||||||
16 | relative.
| ||||||
17 | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||||||
18 | PLACEMENT of the
child or children in foster care until a | ||||||
19 | trial can be held. A trial may
not be held for up to 90 | ||||||
20 | days. You will not be entitled to further notices
of | ||||||
21 | proceedings in this case, including the filing of an | ||||||
22 | amended petition or a
motion to terminate parental rights.
| ||||||
23 | At the shelter care hearing, parents have the | ||||||
24 | following rights:
| ||||||
25 | 1. To ask the court to appoint a lawyer if they | ||||||
26 | cannot afford one.
|
| |||||||
| |||||||
1 | 2. To ask the court to continue the hearing to | ||||||
2 | allow them time to
prepare.
| ||||||
3 | 3. To present evidence concerning:
| ||||||
4 | a. Whether or not the child or children were | ||||||
5 | abused, neglected
or dependent.
| ||||||
6 | b. Whether or not there is "immediate and | ||||||
7 | urgent necessity" to remove
the child from home | ||||||
8 | (including: their ability to care for the child,
| ||||||
9 | conditions in the home, alternative means of | ||||||
10 | protecting the child other
than removal).
| ||||||
11 | c. The best interests of the child.
| ||||||
12 | 4. To cross examine the State's witnesses.
| ||||||
13 | The Notice for rehearings shall be substantially as | ||||||
14 | follows:
| ||||||
15 | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| ||||||
16 | TO REHEARING ON TEMPORARY CUSTODY
| ||||||
17 | If you were not present at and did not have adequate | ||||||
18 | notice of the
Shelter Care Hearing at which temporary | ||||||
19 | custody of ............... was
awarded to | ||||||
20 | ................, you have the right to request a full | ||||||
21 | rehearing
on whether the State should have temporary | ||||||
22 | custody of ................. To
request this rehearing, | ||||||
23 | you must file with the Clerk of the Juvenile Court
| ||||||
24 | (address): ........................, in person or by | ||||||
25 | mailing a statement
(affidavit) setting forth the |
| |||||||
| |||||||
1 | following:
| ||||||
2 | 1. That you were not present at the shelter care | ||||||
3 | hearing.
| ||||||
4 | 2. That you did not get adequate notice | ||||||
5 | (explaining how the notice
was inadequate).
| ||||||
6 | 3. Your signature.
| ||||||
7 | 4. Signature must be notarized.
| ||||||
8 | The rehearing should be scheduled within 48 hours of | ||||||
9 | your filing this
affidavit.
| ||||||
10 | At the rehearing, your rights are the same as at the | ||||||
11 | initial shelter care
hearing. The enclosed notice explains | ||||||
12 | those rights.
| ||||||
13 | At the Shelter Care Hearing, children have the | ||||||
14 | following rights:
| ||||||
15 | 1. To have a guardian ad litem appointed.
| ||||||
16 | 2. To be declared competent as a witness and to | ||||||
17 | present testimony
concerning:
| ||||||
18 | a. Whether they are abused, neglected or | ||||||
19 | dependent.
| ||||||
20 | b. Whether there is "immediate and urgent | ||||||
21 | necessity" to be
removed from home.
| ||||||
22 | c. Their best interests.
| ||||||
23 | 3. To cross examine witnesses for other parties.
| ||||||
24 | 4. To obtain an explanation of any proceedings and | ||||||
25 | orders of the
court.
| ||||||
26 | (4) If the parent, guardian, legal custodian, responsible |
| |||||||
| |||||||
1 | relative,
minor age 8 or over, or counsel of the minor did not | ||||||
2 | have actual notice of
or was not present at the shelter care | ||||||
3 | hearing, he or she may file an
affidavit setting forth these | ||||||
4 | facts, and the clerk shall set the matter for
rehearing not | ||||||
5 | later than 48 hours, excluding Sundays and legal holidays,
| ||||||
6 | after the filing of the affidavit. At the rehearing, the court | ||||||
7 | shall
proceed in the same manner as upon the original hearing.
| ||||||
8 | (5) Only when there is reasonable cause to believe that | ||||||
9 | the minor
taken into custody is a person described in | ||||||
10 | subsection (3) of Section
5-105 may the minor be
kept or | ||||||
11 | detained in a detention home or county or municipal jail. This
| ||||||
12 | Section shall in no way be construed to limit subsection (6).
| ||||||
13 | (6) No minor under 16 years of age may be confined in a | ||||||
14 | jail or place
ordinarily used for the confinement of prisoners | ||||||
15 | in a police station. Minors
under 18 years of age must be kept | ||||||
16 | separate from confined adults and may
not at any time be kept | ||||||
17 | in the same cell, room, or yard with adults confined
pursuant | ||||||
18 | to the criminal law.
| ||||||
19 | (7) If the minor is not brought before a judicial officer | ||||||
20 | within the
time period as specified in Section 2-9, the minor | ||||||
21 | must immediately be
released from custody.
| ||||||
22 | (8) If neither the parent, guardian or custodian appears | ||||||
23 | within 24
hours to take custody of a minor released upon | ||||||
24 | request pursuant to
subsection (2) of this Section, then the | ||||||
25 | clerk of the court shall set the
matter for rehearing not later | ||||||
26 | than 7 days after the original order and
shall issue a summons |
| |||||||
| |||||||
1 | directed to the parent, guardian or custodian to
appear. At | ||||||
2 | the same time the probation department shall prepare a report
| ||||||
3 | on the minor. If a parent, guardian or custodian does not | ||||||
4 | appear at such
rehearing, the judge may enter an order | ||||||
5 | prescribing that the minor be kept
in a suitable place | ||||||
6 | designated by the Department of Children and Family
Services | ||||||
7 | or a licensed child welfare agency.
| ||||||
8 | (9) Notwithstanding any other provision of this
Section | ||||||
9 | any interested party, including the State, the temporary
| ||||||
10 | custodian, an agency providing services to the minor or family | ||||||
11 | under a
service plan pursuant to Section 8.2 of the Abused and | ||||||
12 | Neglected Child
Reporting Act, foster parent, or any of their | ||||||
13 | representatives, on notice
to all parties entitled to notice, | ||||||
14 | may file a motion that it is in the best
interests of the minor | ||||||
15 | to modify or vacate a
temporary custody order on any of the | ||||||
16 | following grounds:
| ||||||
17 | (a) It is no longer a matter of immediate and urgent | ||||||
18 | necessity that the
minor remain in shelter care; or
| ||||||
19 | (b) There is a material change in the circumstances of | ||||||
20 | the natural
family from which the minor was removed and | ||||||
21 | the child can be cared for at
home without endangering the | ||||||
22 | child's health or safety; or
| ||||||
23 | (c) A person not a party to the alleged abuse, neglect | ||||||
24 | or dependency,
including a parent, relative or legal | ||||||
25 | guardian, is capable of assuming
temporary custody of the | ||||||
26 | minor; or
|
| |||||||
| |||||||
1 | (d) Services provided by the Department of Children | ||||||
2 | and Family Services
or a child welfare agency or other | ||||||
3 | service provider have been successful in
eliminating the | ||||||
4 | need for temporary custody and the child can be cared for | ||||||
5 | at
home without endangering the child's health or safety.
| ||||||
6 | In ruling on the motion, the court shall determine whether | ||||||
7 | it is consistent
with the health, safety and best interests of | ||||||
8 | the minor to modify
or vacate a temporary custody order. If the
| ||||||
9 | minor is being restored to the custody of a parent, legal | ||||||
10 | custodian, or guardian who lives
outside of Illinois, and an | ||||||
11 | Interstate Compact has been requested and refused, the court | ||||||
12 | may order the
Department of Children and Family Services to | ||||||
13 | arrange for an assessment of the minor's
proposed living | ||||||
14 | arrangement and for ongoing monitoring of the health, safety, | ||||||
15 | and best
interest of the minor and compliance with any order of | ||||||
16 | protective supervision entered in
accordance with Section 2-20 | ||||||
17 | or 2-25.
| ||||||
18 | The clerk shall set the matter for hearing not later than | ||||||
19 | 14 days after
such motion is filed. In the event that the court | ||||||
20 | modifies or vacates a
temporary custody order but does not | ||||||
21 | vacate its finding of probable cause,
the court may order that | ||||||
22 | appropriate services be continued or initiated in
behalf of | ||||||
23 | the minor and his or her family.
| ||||||
24 | (10) When the court finds or has found that there is | ||||||
25 | probable cause to
believe a minor is an abused minor as | ||||||
26 | described in subsection (2) of Section
2-3
and that there is an |
| |||||||
| |||||||
1 | immediate and urgent necessity for the abused minor to be
| ||||||
2 | placed in shelter care, immediate and urgent necessity shall | ||||||
3 | be presumed for
any other minor residing in the same household | ||||||
4 | as the abused minor provided:
| ||||||
5 | (a) Such other minor is the subject of an abuse or | ||||||
6 | neglect petition
pending before the court; and
| ||||||
7 | (b) A party to the petition is seeking shelter care | ||||||
8 | for such other minor.
| ||||||
9 | Once the presumption of immediate and urgent necessity has | ||||||
10 | been raised, the
burden of demonstrating the lack of immediate | ||||||
11 | and urgent necessity shall be on
any party that is opposing | ||||||
12 | shelter care for the other minor.
| ||||||
13 | (11) The changes made to this Section by Public Act 98-61 | ||||||
14 | apply to a minor who has been
arrested or taken into custody on | ||||||
15 | or after January 1, 2014 (the effective date
of Public Act | ||||||
16 | 98-61). | ||||||
17 | (12) After the court has placed a minor in the care of a | ||||||
18 | temporary custodian pursuant to this Section, any party may | ||||||
19 | file a motion requesting the court to grant the temporary | ||||||
20 | custodian the authority to serve as a surrogate decision maker | ||||||
21 | for the minor under the Health Care Surrogate Act for purposes | ||||||
22 | of making decisions pursuant to paragraph (1) of subsection | ||||||
23 | (b) of Section 20 of the Health Care Surrogate Act. The court | ||||||
24 | may grant the motion if it determines by clear and convincing | ||||||
25 | evidence that it is in the best interests of the minor to grant | ||||||
26 | the temporary custodian such authority. In making its |
| |||||||
| |||||||
1 | determination, the court shall weigh the following factors in | ||||||
2 | addition to considering the best interests factors listed in | ||||||
3 | subsection (4.05) of Section 1-3 of this Act: | ||||||
4 | (a) the efforts to identify and locate the respondents | ||||||
5 | and adult family members of the minor and the results of | ||||||
6 | those efforts; | ||||||
7 | (b) the efforts to engage the respondents and adult | ||||||
8 | family members of the minor in decision making on behalf | ||||||
9 | of the minor; | ||||||
10 | (c) the length of time the efforts in paragraphs (a) | ||||||
11 | and (b) have been ongoing; | ||||||
12 | (d) the relationship between the respondents and adult | ||||||
13 | family members and the minor; | ||||||
14 | (e) medical testimony regarding the extent to which | ||||||
15 | the minor is suffering and the impact of a delay in | ||||||
16 | decision-making on the minor; and | ||||||
17 | (f) any other factor the court deems relevant. | ||||||
18 | If the Department of Children and Family Services is the | ||||||
19 | temporary custodian of the minor, in addition to the | ||||||
20 | requirements of paragraph (1) of subsection (b) of Section 20 | ||||||
21 | of the Health Care Surrogate Act, the Department shall follow | ||||||
22 | its rules and procedures in exercising authority granted under | ||||||
23 | this subsection. | ||||||
24 | (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22; | ||||||
25 | 102-813, eff. 5-13-22.)
|
| |||||||
| |||||||
1 | (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
| ||||||
2 | Sec. 2-13. Petition.
| ||||||
3 | (1) Any adult person, any agency or association by its
| ||||||
4 | representative may file, or the court on its own motion, | ||||||
5 | consistent with the
health, safety and best interests of the | ||||||
6 | minor may direct the
filing through the State's Attorney of a | ||||||
7 | petition in respect of a minor
under this Act. The petition and | ||||||
8 | all subsequent court documents shall be
entitled "In the | ||||||
9 | interest of ...., a minor".
| ||||||
10 | (2) The petition shall be verified but the statements may | ||||||
11 | be made
upon information and belief. It shall allege that the | ||||||
12 | minor is
abused, neglected, or dependent, with citations to | ||||||
13 | the appropriate
provisions of this Act,
and set forth (a) | ||||||
14 | facts sufficient to bring the minor
under Section 2-3 or 2-4 | ||||||
15 | and to inform respondents of the cause of action,
including, | ||||||
16 | but not limited to, a plain and concise statement of the | ||||||
17 | factual
allegations that form the basis for the filing of the | ||||||
18 | petition; (b) the name,
age and residence of the minor; (c) the | ||||||
19 | names and residences of his parents;
(d) the name and | ||||||
20 | residence of his
legal guardian or the person or persons | ||||||
21 | having custody or control of the
minor, or of the nearest known | ||||||
22 | relative if no parent or guardian can be
found; and (e) if the | ||||||
23 | minor upon whose behalf the petition is brought is
sheltered | ||||||
24 | in custody, the date on which such temporary custody
was | ||||||
25 | ordered by the
court or the date set for a temporary custody | ||||||
26 | hearing. If any of the facts
herein required are not known by |
| |||||||
| |||||||
1 | the petitioner, the petition shall so
state.
| ||||||
2 | (3) The petition must allege that it is in the best | ||||||
3 | interests of the
minor and of the public that he be adjudged a | ||||||
4 | ward of the court and may
pray generally for relief available | ||||||
5 | under this Act. The petition need
not specify any proposed | ||||||
6 | disposition following adjudication of wardship. The petition | ||||||
7 | may request that the minor remain in the custody of the parent, | ||||||
8 | guardian, or custodian under an Order of Protection.
| ||||||
9 | (4) If termination of parental rights and appointment of a | ||||||
10 | guardian of the
person with power to consent to adoption of the | ||||||
11 | minor under Section 2-29 is
sought, the petition shall so | ||||||
12 | state. If the petition includes this request,
the prayer for | ||||||
13 | relief shall clearly and obviously state that the parents | ||||||
14 | could
permanently lose their rights as a parent at this | ||||||
15 | hearing.
| ||||||
16 | In addition to the foregoing, the petitioner, by motion, | ||||||
17 | may request the
termination of parental rights and appointment | ||||||
18 | of a guardian of the person with
power to consent to adoption | ||||||
19 | of the minor under Section 2-29 at any time after
the entry of | ||||||
20 | a dispositional order under Section 2-22.
| ||||||
21 | (4.5) (a) Unless good cause exists that filing a petition | ||||||
22 | to terminate parental rights is contrary to the child's best | ||||||
23 | interests, with respect to any minors committed to its care | ||||||
24 | pursuant to
this Act, the Department of Children and Family | ||||||
25 | Services shall request the
State's Attorney to file a petition | ||||||
26 | or motion for termination of parental
rights and appointment |
| |||||||
| |||||||
1 | of guardian of the person with power to consent to
adoption of | ||||||
2 | the minor under Section 2-29 if:
| ||||||
3 | (i) a minor has been in foster care, as described in | ||||||
4 | subsection (b), for
15 months of the most recent 22 | ||||||
5 | months; or
| ||||||
6 | (ii) a minor under the age of 2 years has been | ||||||
7 | previously determined to be
abandoned at an adjudicatory | ||||||
8 | hearing; or
| ||||||
9 | (iii) the parent is criminally convicted of: | ||||||
10 | (A) first degree murder or
second degree murder of | ||||||
11 | any child; | ||||||
12 | (B) attempt or conspiracy to commit first
degree | ||||||
13 | murder or second degree murder of any child; | ||||||
14 | (C) solicitation to commit
murder of any child, | ||||||
15 | solicitation to commit murder for hire of any child, | ||||||
16 | or
solicitation to
commit second degree murder of any | ||||||
17 | child; | ||||||
18 | (D)
aggravated battery, aggravated battery of a | ||||||
19 | child, or felony domestic battery,
any of which has | ||||||
20 | resulted in serious injury to the minor or a sibling of | ||||||
21 | the
minor; | ||||||
22 | (E) predatory criminal sexual assault of a child; | ||||||
23 | (E-5) aggravated criminal sexual assault; | ||||||
24 | (E-10) criminal sexual abuse in violation of | ||||||
25 | subsection (a) of Section 11-1.50 of the Criminal Code | ||||||
26 | of 1961 or the Criminal Code of 2012; |
| |||||||
| |||||||
1 | (E-15) sexual exploitation of a child; | ||||||
2 | (E-20) permitting sexual abuse of a child; | ||||||
3 | (E-25) criminal sexual assault; or | ||||||
4 | (F) an offense in any other state the elements of | ||||||
5 | which are similar and bear a
substantial relationship | ||||||
6 | to any of the foregoing offenses.
| ||||||
7 | (a-1) For purposes of this subsection (4.5), good cause | ||||||
8 | exists in the following circumstances: | ||||||
9 | (i) the child
is being cared for by a relative,
| ||||||
10 | (ii) the Department has documented in the
case plan a | ||||||
11 | compelling reason for determining that filing such | ||||||
12 | petition would
not be in the best interests of the child,
| ||||||
13 | (iii) the court has found within the
preceding 12 | ||||||
14 | months that the Department has failed to make active | ||||||
15 | reasonable efforts
to reunify the child and family, or
| ||||||
16 | (iv) the parent is incarcerated, or the parent's prior | ||||||
17 | incarceration is a significant factor in why the child has | ||||||
18 | been in foster care for 15 months out of
any 22-month | ||||||
19 | period, the parent maintains a meaningful role in the | ||||||
20 | child's life, and the Department has not documented | ||||||
21 | another reason why it would otherwise be appropriate to | ||||||
22 | file a petition to terminate parental rights pursuant to | ||||||
23 | this Section and the Adoption Act. The assessment of | ||||||
24 | whether an incarcerated parent maintains a meaningful role | ||||||
25 | in the child's life may include consideration of the | ||||||
26 | following:
|
| |||||||
| |||||||
1 | (A) the child's best interest; | ||||||
2 | (B) the parent's expressions or acts of | ||||||
3 | manifesting concern for the child, such as letters, | ||||||
4 | telephone calls, visits, and other forms of | ||||||
5 | communication with the child and the impact of the | ||||||
6 | communication on the child; | ||||||
7 | (C) the parent's efforts to communicate with and | ||||||
8 | work with the Department for the purpose of complying | ||||||
9 | with the service plan and repairing, maintaining, or | ||||||
10 | building the parent-child relationship; or | ||||||
11 | (D) limitations in the parent's access to family | ||||||
12 | support programs, therapeutic services, visiting | ||||||
13 | opportunities, telephone and mail services, and | ||||||
14 | meaningful participation in court proceedings. | ||||||
15 | (b) For purposes of this subsection, the date of entering | ||||||
16 | foster care is
defined as the earlier of:
| ||||||
17 | (1) The date of a judicial finding at an adjudicatory | ||||||
18 | hearing that the
child is an abused, neglected, or | ||||||
19 | dependent minor; or
| ||||||
20 | (2) 60 days after the date on which the child is | ||||||
21 | removed from his or her
parent, guardian, or legal | ||||||
22 | custodian.
| ||||||
23 | (c) (Blank).
| ||||||
24 | (d) (Blank).
| ||||||
25 | (5) The court shall liberally allow the petitioner to | ||||||
26 | amend the petition to
set forth a cause of action or to add, |
| |||||||
| |||||||
1 | amend, or supplement factual allegations
that form the basis | ||||||
2 | for a cause of action up until 14 days before the
adjudicatory | ||||||
3 | hearing. The petitioner may amend the petition after that date
| ||||||
4 | and prior to the adjudicatory hearing if the court grants | ||||||
5 | leave to amend upon a
showing of good cause.
The court may | ||||||
6 | allow amendment of the
petition to conform with the evidence | ||||||
7 | at any time prior to ruling. In all
cases in which the court | ||||||
8 | has granted leave to amend based on new evidence or
new | ||||||
9 | allegations, the court shall permit
the respondent an adequate | ||||||
10 | opportunity to prepare a defense to the amended
petition.
| ||||||
11 | (6) At any time before dismissal of the petition or before | ||||||
12 | final closing
and discharge under Section 2-31, one or more | ||||||
13 | motions in the best interests of
the minor may be filed. The | ||||||
14 | motion shall specify sufficient facts in support
of the relief | ||||||
15 | requested.
| ||||||
16 | (Source: P.A. 101-529, eff. 1-1-20 .)
| ||||||
17 | (705 ILCS 405/2-13.1)
| ||||||
18 | Sec. 2-13.1. Early termination of active reasonable | ||||||
19 | efforts.
| ||||||
20 | (1) (a) In conjunction with, or at any time subsequent to, | ||||||
21 | the filing of a
petition on behalf of a minor in accordance | ||||||
22 | with Section 2-13 of this Act, the
State's Attorney, the | ||||||
23 | guardian ad litem, or the Department of Children and
Family | ||||||
24 | Services may file a motion
requesting a finding that active | ||||||
25 | reasonable efforts to reunify that minor with his or
her |
| |||||||
| |||||||
1 | parent or parents are no longer required and are to cease.
| ||||||
2 | (b) The court shall grant this motion with respect to a
| ||||||
3 | parent of the minor if the court finds after a hearing that the | ||||||
4 | parent has:
| ||||||
5 | (i) had his or her parental rights to another child of | ||||||
6 | the parent
involuntarily
terminated; or
| ||||||
7 | (ii) been convicted of:
| ||||||
8 | (A) first degree or second degree murder of | ||||||
9 | another child of the parent;
| ||||||
10 | (B) attempt or conspiracy to commit first degree | ||||||
11 | or second
degree murder of another child of the | ||||||
12 | parent;
| ||||||
13 | (C) solicitation to commit murder of another child | ||||||
14 | of the parent,
solicitation to commit murder for hire | ||||||
15 | of another child of the parent, or
solicitation to | ||||||
16 | commit second degree murder of another child of the | ||||||
17 | parent;
| ||||||
18 | (D) aggravated battery, aggravated battery of a | ||||||
19 | child, or felony
domestic battery, any of which has | ||||||
20 | resulted in serious bodily injury to
the minor or | ||||||
21 | another child of the parent; or
| ||||||
22 | (E) an offense in any other state the elements of | ||||||
23 | which are similar and
bear substantial relationship to | ||||||
24 | any of the foregoing offenses
| ||||||
25 | unless the
court sets forth in writing a compelling reason why | ||||||
26 | terminating active reasonable
efforts to reunify the minor |
| |||||||
| |||||||
1 | with the parent would not be in the best interests
of that
| ||||||
2 | minor.
| ||||||
3 | (c) The court shall also grant this motion with respect to | ||||||
4 | a parent of the
minor if:
| ||||||
5 | (i) after a hearing it determines that further | ||||||
6 | reunification services
would no longer be appropriate, and
| ||||||
7 | (ii) a dispositional hearing has already taken place.
| ||||||
8 | (2) (a) The court shall hold a permanency hearing within | ||||||
9 | 30 days of
granting a motion pursuant to this subsection. If an | ||||||
10 | adjudicatory or a
dispositional hearing, or both, has not | ||||||
11 | taken place when the court grants a
motion
pursuant to this | ||||||
12 | Section, then either or both hearings shall be held as needed
| ||||||
13 | so that both take place on or before the date a permanency | ||||||
14 | hearing is held
pursuant to this subsection.
| ||||||
15 | (b) Following a permanency hearing held pursuant to | ||||||
16 | paragraph (a) of this
subsection, the appointed custodian or | ||||||
17 | guardian of the minor shall make active
reasonable efforts to | ||||||
18 | place the child in accordance with the permanency plan
and | ||||||
19 | goal set by the court, and to complete the necessary steps to | ||||||
20 | locate and
finalize a permanent placement.
| ||||||
21 | (Source: P.A. 90-608, eff. 6-30-98.)
| ||||||
22 | (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
| ||||||
23 | Sec. 2-21. Findings and adjudication.
| ||||||
24 | (1) The court shall state for the record the manner in | ||||||
25 | which the parties
received service of process and shall note |
| |||||||
| |||||||
1 | whether the return or returns of
service, postal return | ||||||
2 | receipt or receipts for notice by certified mail,
or | ||||||
3 | certificate or certificates of publication have been filed in | ||||||
4 | the court
record. The court shall enter any appropriate orders | ||||||
5 | of default against any
parent who has been properly served in | ||||||
6 | any manner and fails to appear.
| ||||||
7 | No further service of process as defined in Sections 2-15 | ||||||
8 | and 2-16 is
required in any subsequent proceeding for a parent | ||||||
9 | who was properly served in
any manner, except as required by | ||||||
10 | Supreme Court Rule 11.
| ||||||
11 | The caseworker shall testify about the diligent search | ||||||
12 | conducted for the
parent.
| ||||||
13 | After hearing the evidence the court shall determine | ||||||
14 | whether or not the
minor is abused, neglected, or dependent. | ||||||
15 | If it finds that the minor is not
such a person, the court | ||||||
16 | shall order the petition dismissed and the minor
discharged. | ||||||
17 | The court's determination of whether the minor is abused,
| ||||||
18 | neglected, or dependent shall be stated in writing with the | ||||||
19 | factual basis
supporting that determination.
| ||||||
20 | If the court finds that the minor is abused, neglected, or | ||||||
21 | dependent, the
court shall then determine and put in writing | ||||||
22 | the factual basis supporting
that determination, and specify, | ||||||
23 | to the extent possible, the acts
or omissions or both of each | ||||||
24 | parent, guardian, or legal custodian that form the
basis
of | ||||||
25 | the court's findings. That finding shall appear in the order | ||||||
26 | of the court.
|
| |||||||
| |||||||
1 | If the court finds that the child has been abused, | ||||||
2 | neglected or dependent,
the court shall admonish the parents | ||||||
3 | that they must cooperate with the
Department of Children and | ||||||
4 | Family Services, comply with the terms of the
service plan, | ||||||
5 | and correct the conditions that require the child to be in | ||||||
6 | care,
or risk termination of parental rights.
| ||||||
7 | If the court determines that a person has inflicted | ||||||
8 | physical or sexual
abuse upon a minor, the court shall report | ||||||
9 | that determination to the Illinois State Police, which shall | ||||||
10 | include that information in its report to the
President of the | ||||||
11 | school board for a school district that requests a criminal | ||||||
12 | history records check of that person, or the regional | ||||||
13 | superintendent of schools who requests a check of that person, | ||||||
14 | as required under Section 10-21.9 or
34-18.5 of the School | ||||||
15 | Code.
| ||||||
16 | (2) If, pursuant to subsection (1) of this Section, the | ||||||
17 | court determines
and
puts in writing the factual basis | ||||||
18 | supporting
the determination that the minor is either abused | ||||||
19 | or neglected or dependent,
the court shall then set a time not | ||||||
20 | later than 30 days after the entry of the
finding for a | ||||||
21 | dispositional hearing (unless an earlier date is required
| ||||||
22 | pursuant to Section 2-13.1) to be conducted under Section 2-22 | ||||||
23 | at which
hearing the court shall determine whether it is | ||||||
24 | consistent with the
health, safety and best interests of the
| ||||||
25 | minor and the public that he be made a ward of the court. To | ||||||
26 | assist the court
in making this and other determinations at |
| |||||||
| |||||||
1 | the dispositional hearing, the court
may order that an | ||||||
2 | investigation be conducted and a dispositional report be
| ||||||
3 | prepared concerning the minor's physical and mental history | ||||||
4 | and condition,
family situation and background, economic | ||||||
5 | status, education, occupation,
history of delinquency or | ||||||
6 | criminality, personal habits, and any other
information that | ||||||
7 | may be helpful to the court. The dispositional hearing may be
| ||||||
8 | continued once for a period not to exceed 30 days if the court | ||||||
9 | finds that such
continuance is necessary to complete the | ||||||
10 | dispositional report.
| ||||||
11 | (3) The time limits of this Section may be waived only by | ||||||
12 | consent of
all parties and approval by the court, as | ||||||
13 | determined to be consistent with the
health, safety and best | ||||||
14 | interests of the minor.
| ||||||
15 | (4) For all cases adjudicated prior to July 1, 1991, for | ||||||
16 | which no
dispositional hearing has been held prior to that | ||||||
17 | date, a dispositional
hearing under Section 2-22 shall be held | ||||||
18 | within 90 days of July 1, 1991.
| ||||||
19 | (5) The court may terminate the parental rights of a | ||||||
20 | parent at the initial
dispositional hearing if all of the | ||||||
21 | following conditions are met:
| ||||||
22 | (i) the original or amended petition contains a | ||||||
23 | request for
termination of parental rights and appointment | ||||||
24 | of a guardian with power to
consent to adoption; and
| ||||||
25 | (ii) the court has found by a preponderance of | ||||||
26 | evidence, introduced or
stipulated to at an adjudicatory |
| |||||||
| |||||||
1 | hearing, that the child comes under the
jurisdiction of | ||||||
2 | the court as an abused, neglected, or dependent minor | ||||||
3 | under
Section 2-18; and
| ||||||
4 | (iii) the court finds, on the basis of clear and | ||||||
5 | convincing evidence
admitted at the adjudicatory hearing | ||||||
6 | that the parent is an unfit person under
subdivision D of | ||||||
7 | Section 1 of the Adoption Act; and
| ||||||
8 | (iv) the court determines in accordance with the rules | ||||||
9 | of evidence for
dispositional proceedings, that:
| ||||||
10 | (A) it is in the best interest of the minor and | ||||||
11 | public that the child be
made a ward of the court;
| ||||||
12 | (A-5) active reasonable efforts under subsection | ||||||
13 | (l-1) of Section 5 of the
Children and Family Services | ||||||
14 | Act are inappropriate or such efforts were
made and | ||||||
15 | were unsuccessful; and
| ||||||
16 | (B) termination of parental rights and appointment | ||||||
17 | of a guardian with
power to consent to adoption is in | ||||||
18 | the best interest of the child pursuant to
Section | ||||||
19 | 2-29.
| ||||||
20 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
21 | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| ||||||
22 | Sec. 2-28. Court review.
| ||||||
23 | (1) The court may require any legal custodian or guardian | ||||||
24 | of the person
appointed under this Act to report periodically | ||||||
25 | to the court or may cite
him into court and require him or his |
| |||||||
| |||||||
1 | agency , to make a full and
accurate report of his or its doings | ||||||
2 | in behalf of the minor. The
custodian or guardian, within 10 | ||||||
3 | days after such citation, or earlier if the court determines | ||||||
4 | it to be necessary to protect the health, safety, or welfare of | ||||||
5 | the minor, shall make
the report, either in writing verified | ||||||
6 | by affidavit or orally under oath
in open court, or otherwise | ||||||
7 | as the court directs. Upon the hearing of
the report the court | ||||||
8 | may remove the custodian or guardian and appoint
another in | ||||||
9 | his stead or restore the minor to the custody of his parents
or | ||||||
10 | former guardian or custodian. However, custody of the minor | ||||||
11 | shall
not be restored to any parent, guardian, or legal | ||||||
12 | custodian in any case
in which the minor is found to be | ||||||
13 | neglected or abused under Section 2-3 or
dependent under | ||||||
14 | Section 2-4 of this
Act, unless the minor can be cared for at | ||||||
15 | home without endangering the
minor's health or safety and it | ||||||
16 | is in the best interests of the minor, and
if such neglect,
| ||||||
17 | abuse, or dependency is found by the court under paragraph (1)
| ||||||
18 | of Section 2-21 of
this Act to have come about due to the acts | ||||||
19 | or omissions or both of such
parent, guardian,
or legal | ||||||
20 | custodian, until such time as an investigation is made as | ||||||
21 | provided in
paragraph (5) and a hearing is held on the issue of | ||||||
22 | the fitness of such parent,
guardian, or legal custodian to | ||||||
23 | care for the minor and the court enters an order
that such | ||||||
24 | parent, guardian, or legal custodian is fit to care for the | ||||||
25 | minor.
| ||||||
26 | (1.5) The public agency that is the custodian or guardian |
| |||||||
| |||||||
1 | of the minor shall file a written report with the court no | ||||||
2 | later than 15 days after a minor in the agency's care remains: | ||||||
3 | (1) in a shelter placement beyond 30 days; | ||||||
4 | (2) in a psychiatric hospital past the time when the | ||||||
5 | minor is clinically ready for discharge or beyond medical | ||||||
6 | necessity for the minor's health; or | ||||||
7 | (3) in a detention center or Department of Juvenile | ||||||
8 | Justice facility solely because the public agency cannot | ||||||
9 | find an appropriate placement for the minor. | ||||||
10 | The report shall explain the steps the agency is taking to | ||||||
11 | ensure the minor is placed appropriately, how the minor's | ||||||
12 | needs are being met in the minor's shelter placement, and if a | ||||||
13 | future placement has been identified by the Department, why | ||||||
14 | the anticipated placement is appropriate for the needs of the | ||||||
15 | minor and the anticipated placement date. | ||||||
16 | (1.6) Within 35 days after placing a child in its care in a | ||||||
17 | qualified residential treatment program, as defined by the | ||||||
18 | federal Social Security Act, the Department of Children and | ||||||
19 | Family Services shall file a written report with the court and | ||||||
20 | send copies of the report to all parties. Within 20 days of the | ||||||
21 | filing of the report, the court shall hold a hearing to | ||||||
22 | consider the Department's report and determine whether | ||||||
23 | placement of the child in a qualified residential treatment | ||||||
24 | program provides the most effective and appropriate level of | ||||||
25 | care for the child in the least restrictive environment and if | ||||||
26 | the placement is consistent with the short-term and long-term |
| |||||||
| |||||||
1 | goals for the child, as specified in the permanency plan for | ||||||
2 | the child. The court shall approve or disapprove the | ||||||
3 | placement. If applicable, the requirements of Sections 2-27.1 | ||||||
4 | and 2-27.2 must also be met.
The Department's written report | ||||||
5 | and the court's written determination shall be included in and | ||||||
6 | made part of the case plan for the child. If the child remains | ||||||
7 | placed in a qualified residential treatment program, the | ||||||
8 | Department shall submit evidence at each status and permanency | ||||||
9 | hearing: | ||||||
10 | (1) demonstrating that on-going assessment of the | ||||||
11 | strengths and needs of the child continues to support the | ||||||
12 | determination that the child's needs cannot be met through | ||||||
13 | placement in a foster family home, that the placement | ||||||
14 | provides the most effective and appropriate level of care | ||||||
15 | for the child in the least restrictive, appropriate | ||||||
16 | environment, and that the placement is consistent with the | ||||||
17 | short-term and long-term permanency goal for the child, as | ||||||
18 | specified in the permanency plan for the child; | ||||||
19 | (2) documenting the specific treatment or service | ||||||
20 | needs that should be met for the child in the placement and | ||||||
21 | the length of time the child is expected to need the | ||||||
22 | treatment or services; and | ||||||
23 | (3) the efforts made by the agency to prepare the | ||||||
24 | child to return home or to be placed with a fit and willing | ||||||
25 | relative, a legal guardian, or an adoptive parent, or in a | ||||||
26 | foster family home. |
| |||||||
| |||||||
1 | (2) The first permanency hearing shall be
conducted by the | ||||||
2 | judge. Subsequent permanency hearings may be
heard by a judge | ||||||
3 | or by hearing officers appointed or approved by the court in
| ||||||
4 | the manner set forth in Section 2-28.1 of this Act.
The initial | ||||||
5 | hearing shall be held (a) within 12 months from the date
| ||||||
6 | temporary
custody was taken, regardless of whether an | ||||||
7 | adjudication or dispositional hearing has been completed | ||||||
8 | within that time frame, (b) if the parental rights of both | ||||||
9 | parents have been
terminated in accordance with the procedure | ||||||
10 | described in subsection (5) of
Section 2-21, within
30 days of | ||||||
11 | the order for termination of parental rights and appointment | ||||||
12 | of
a guardian with power to consent to adoption, or (c) in | ||||||
13 | accordance with
subsection
(2) of Section 2-13.1. Subsequent | ||||||
14 | permanency hearings
shall be held every 6 months
or more | ||||||
15 | frequently if necessary in the court's determination following | ||||||
16 | the
initial permanency hearing, in accordance with the | ||||||
17 | standards set forth in this
Section, until the court | ||||||
18 | determines that the plan and goal have been achieved.
Once the | ||||||
19 | plan and goal have been achieved, if the minor remains in | ||||||
20 | substitute
care, the case shall be reviewed at least every 6 | ||||||
21 | months thereafter, subject to
the provisions of this Section, | ||||||
22 | unless the minor is placed in the guardianship
of a suitable | ||||||
23 | relative or other person and the court determines that further
| ||||||
24 | monitoring by the court does not further the health, safety , | ||||||
25 | or best interest of
the child and that this is a stable | ||||||
26 | permanent placement.
The permanency hearings must occur within |
| |||||||
| |||||||
1 | the time frames set forth in this
subsection and may not be | ||||||
2 | delayed in anticipation of a report from any source or due to | ||||||
3 | the agency's failure to timely file its written report (this
| ||||||
4 | written report means the one required under the next paragraph | ||||||
5 | and does not
mean the service plan also referred to in that | ||||||
6 | paragraph).
| ||||||
7 | The public agency that is the custodian or guardian of the | ||||||
8 | minor, or another
agency responsible for the minor's care, | ||||||
9 | shall ensure that all parties to the
permanency hearings are | ||||||
10 | provided a copy of the most recent
service plan prepared | ||||||
11 | within the prior 6 months
at least 14 days in advance of the | ||||||
12 | hearing. If not contained in the agency's service plan, the
| ||||||
13 | agency shall also include a report setting forth (i) any | ||||||
14 | special
physical, psychological, educational, medical, | ||||||
15 | emotional, or other needs of the
minor or his or her family | ||||||
16 | that are relevant to a permanency or placement
determination | ||||||
17 | and (ii) for any minor age 16 or over, a written description of
| ||||||
18 | the programs and services that will enable the minor to | ||||||
19 | prepare for independent
living. If not contained in the | ||||||
20 | agency's service plan, the agency's report shall specify if a | ||||||
21 | minor is placed in a licensed child care facility under a | ||||||
22 | corrective plan by the Department due to concerns impacting | ||||||
23 | the minor's safety and well-being. The report shall explain | ||||||
24 | the steps the Department is taking to ensure the safety and | ||||||
25 | well-being of the minor and that the minor's needs are met in | ||||||
26 | the facility. The agency's written report must detail what |
| |||||||
| |||||||
1 | progress or lack of
progress the parent has made in correcting | ||||||
2 | the conditions requiring the child
to be in care; whether the | ||||||
3 | child can be returned home without jeopardizing the
child's | ||||||
4 | health, safety, and welfare, and if not, what permanency goal | ||||||
5 | is
recommended to be in the best interests of the child, and | ||||||
6 | why the other
permanency goals are not appropriate. The | ||||||
7 | caseworker must appear and testify
at the permanency hearing. | ||||||
8 | If a permanency hearing has not previously been
scheduled by | ||||||
9 | the court, the moving party shall move for the setting of a
| ||||||
10 | permanency hearing and the entry of an order within the time | ||||||
11 | frames set forth
in this subsection.
| ||||||
12 | At the permanency hearing, the court shall determine the | ||||||
13 | future status
of the child. The court shall set one of the | ||||||
14 | following permanency goals:
| ||||||
15 | (A) The minor will be returned home by a specific date | ||||||
16 | within 5
months.
| ||||||
17 | (B) The minor will be in short-term care with a
| ||||||
18 | continued goal to return home within a period not to | ||||||
19 | exceed one
year, where the progress of the parent or | ||||||
20 | parents is substantial giving
particular consideration to | ||||||
21 | the age and individual needs of the minor.
| ||||||
22 | (B-1) The minor will be in short-term care with a | ||||||
23 | continued goal to return
home pending a status hearing. | ||||||
24 | When the court finds that a parent has not made active
| ||||||
25 | reasonable efforts or reasonable progress to date, the | ||||||
26 | court shall identify
what actions the parent and the |
| |||||||
| |||||||
1 | Department must take in order to justify a
finding of | ||||||
2 | active reasonable efforts or reasonable progress and shall | ||||||
3 | set a status
hearing to be held not earlier than 9 months | ||||||
4 | from the date of adjudication nor
later than 11 months | ||||||
5 | from the date of adjudication during which the parent's
| ||||||
6 | progress will again be reviewed.
| ||||||
7 | (C) The minor will be in substitute care pending court
| ||||||
8 | determination on termination of parental rights.
| ||||||
9 | (D) Adoption, provided that parental rights have been | ||||||
10 | terminated or
relinquished.
| ||||||
11 | (E) The guardianship of the minor will be transferred | ||||||
12 | to an individual or
couple on a permanent basis provided | ||||||
13 | that goals (A) through (D) have
been deemed inappropriate | ||||||
14 | and not in the child's best interests. The court shall | ||||||
15 | confirm that the Department has discussed adoption, if | ||||||
16 | appropriate, and guardianship with the caregiver prior to | ||||||
17 | changing a goal to guardianship.
| ||||||
18 | (F) The minor over age 15 will be in substitute care | ||||||
19 | pending
independence. In selecting this permanency goal, | ||||||
20 | the Department of Children and Family Services may provide | ||||||
21 | services to enable reunification and to strengthen the | ||||||
22 | minor's connections with family, fictive kin, and other | ||||||
23 | responsible adults, provided the services are in the | ||||||
24 | minor's best interest. The services shall be documented in | ||||||
25 | the service plan.
| ||||||
26 | (G) The minor will be in substitute care because he or |
| |||||||
| |||||||
1 | she cannot be
provided for in a home environment due to | ||||||
2 | developmental
disabilities or mental illness or because he | ||||||
3 | or she is a danger to self or
others, provided that goals | ||||||
4 | (A) through (D) have been deemed inappropriate and not in | ||||||
5 | the child's best interests.
| ||||||
6 | In selecting any permanency goal, the court shall indicate | ||||||
7 | in writing the
reasons the goal was selected and why the | ||||||
8 | preceding goals were deemed inappropriate and not in the | ||||||
9 | child's best interest.
Where the court has selected a | ||||||
10 | permanency goal other than (A), (B), or (B-1),
the
Department | ||||||
11 | of Children and Family Services shall not provide further
| ||||||
12 | reunification services, except as provided in paragraph (F) of | ||||||
13 | this subsection (2), but shall provide services
consistent | ||||||
14 | with the goal
selected.
| ||||||
15 | (H) Notwithstanding any other provision in this | ||||||
16 | Section, the court may select the goal of continuing | ||||||
17 | foster care as a permanency goal if: | ||||||
18 | (1) The Department of Children and Family Services | ||||||
19 | has custody and guardianship of the minor; | ||||||
20 | (2) The court has deemed all other permanency | ||||||
21 | goals inappropriate based on the child's best | ||||||
22 | interest;
| ||||||
23 | (3) The court has found compelling reasons, based | ||||||
24 | on written documentation reviewed by the court, to | ||||||
25 | place the minor in continuing foster care. Compelling | ||||||
26 | reasons include:
|
| |||||||
| |||||||
1 | (a) the child does not wish to be adopted or to | ||||||
2 | be placed in the guardianship of his or her | ||||||
3 | relative or foster care placement;
| ||||||
4 | (b) the child exhibits an extreme level of | ||||||
5 | need such that the removal of the child from his or | ||||||
6 | her placement would be detrimental to the child; | ||||||
7 | or
| ||||||
8 | (c) the child who is the subject of the | ||||||
9 | permanency hearing has existing close and strong | ||||||
10 | bonds with a sibling, and achievement of another | ||||||
11 | permanency goal would substantially interfere with | ||||||
12 | the subject child's sibling relationship, taking | ||||||
13 | into consideration the nature and extent of the | ||||||
14 | relationship, and whether ongoing contact is in | ||||||
15 | the subject child's best interest, including | ||||||
16 | long-term emotional interest, as compared with the | ||||||
17 | legal and emotional benefit of permanence;
| ||||||
18 | (4) The child has lived with the relative or | ||||||
19 | foster parent for at least one year; and
| ||||||
20 | (5) The relative or foster parent currently caring | ||||||
21 | for the child is willing and capable of providing the | ||||||
22 | child with a stable and permanent environment. | ||||||
23 | The court shall set a
permanency
goal that is in the best | ||||||
24 | interest of the child. In determining that goal, the court | ||||||
25 | shall consult with the minor in an age-appropriate manner | ||||||
26 | regarding the proposed permanency or transition plan for the |
| |||||||
| |||||||
1 | minor. The court's determination
shall include the following | ||||||
2 | factors:
| ||||||
3 | (1) Age of the child.
| ||||||
4 | (2) Options available for permanence, including both | ||||||
5 | out-of-state and in-state placement options.
| ||||||
6 | (3) Current placement of the child and the intent of | ||||||
7 | the family regarding
adoption.
| ||||||
8 | (4) Emotional, physical, and mental status or | ||||||
9 | condition of the child.
| ||||||
10 | (5) Types of services previously offered and whether | ||||||
11 | or not
the services were successful and, if not | ||||||
12 | successful, the reasons the services
failed.
| ||||||
13 | (6) Availability of services currently needed and | ||||||
14 | whether the services
exist.
| ||||||
15 | (7) Status of siblings of the minor.
| ||||||
16 | The court shall consider (i) the permanency goal contained | ||||||
17 | in the service
plan, (ii) the appropriateness of the
services | ||||||
18 | contained in the plan and whether those services have been
| ||||||
19 | provided, (iii) whether active reasonable efforts have been | ||||||
20 | made by all
the parties to the service plan to achieve the | ||||||
21 | goal, and (iv) whether the plan
and goal have been achieved. | ||||||
22 | All evidence
relevant to determining these questions, | ||||||
23 | including oral and written reports,
may be admitted and may be | ||||||
24 | relied on to the extent of their probative value.
| ||||||
25 | The court shall make findings as to whether, in violation | ||||||
26 | of Section 8.2 of the Abused and Neglected Child Reporting |
| |||||||
| |||||||
1 | Act, any portion of the service plan compels a child or parent | ||||||
2 | to engage in any activity or refrain from any activity that is | ||||||
3 | not reasonably related to remedying a condition or conditions | ||||||
4 | that gave rise or which could give rise to any finding of child | ||||||
5 | abuse or neglect. The services contained in the service plan | ||||||
6 | shall include services reasonably related to remedy the | ||||||
7 | conditions that gave rise to removal of the child from the home | ||||||
8 | of his or her parents, guardian, or legal custodian or that the | ||||||
9 | court has found must be remedied prior to returning the child | ||||||
10 | home. Any tasks the court requires of the parents, guardian, | ||||||
11 | or legal custodian or child prior to returning the child home , | ||||||
12 | must be reasonably related to remedying a condition or | ||||||
13 | conditions that gave rise to or which could give rise to any | ||||||
14 | finding of child abuse or neglect. | ||||||
15 | If the permanency goal is to return home, the court shall | ||||||
16 | make findings that identify any problems that are causing | ||||||
17 | continued placement of the children away from the home and | ||||||
18 | identify what outcomes would be considered a resolution to | ||||||
19 | these problems. The court shall explain to the parents that | ||||||
20 | these findings are based on the information that the court has | ||||||
21 | at that time and may be revised, should additional evidence be | ||||||
22 | presented to the court. | ||||||
23 | The court shall review the Sibling Contact Support Plan | ||||||
24 | developed or modified under subsection (f) of Section 7.4 of | ||||||
25 | the Children and Family Services Act, if applicable. If the | ||||||
26 | Department has not convened a meeting to
develop or modify a |
| |||||||
| |||||||
1 | Sibling Contact Support Plan, or if the court finds that the | ||||||
2 | existing Plan
is not in the child's best interest, the court | ||||||
3 | may enter an order requiring the Department to
develop, | ||||||
4 | modify , or implement a Sibling Contact Support Plan, or order | ||||||
5 | mediation. | ||||||
6 | If the goal has been achieved, the court shall enter | ||||||
7 | orders that are
necessary to conform the minor's legal custody | ||||||
8 | and status to those findings.
| ||||||
9 | If, after receiving evidence, the court determines that | ||||||
10 | the services
contained in the plan are not reasonably | ||||||
11 | calculated to facilitate achievement
of the permanency goal, | ||||||
12 | the court shall put in writing the factual basis
supporting | ||||||
13 | the determination and enter specific findings based on the | ||||||
14 | evidence.
The court also shall enter an order for the | ||||||
15 | Department to develop and
implement a new service plan or to | ||||||
16 | implement changes to the current service
plan consistent with | ||||||
17 | the court's findings. The new service plan shall be filed
with | ||||||
18 | the court and served on all parties within 45 days of the date | ||||||
19 | of the
order. The court shall continue the matter until the new | ||||||
20 | service plan is
filed. Except as authorized by subsection | ||||||
21 | (2.5) of this Section and as otherwise specifically authorized | ||||||
22 | by law, the court is not empowered under this Section to order | ||||||
23 | specific placements, specific services, or specific service | ||||||
24 | providers to be included in the service plan.
| ||||||
25 | A guardian or custodian appointed by the court pursuant to | ||||||
26 | this Act shall
file updated case plans with the court every 6 |
| |||||||
| |||||||
1 | months.
| ||||||
2 | Rights of wards of the court under this Act are | ||||||
3 | enforceable against
any public agency by complaints for relief | ||||||
4 | by mandamus filed in any
proceedings brought under this Act.
| ||||||
5 | (2.5) If, after reviewing the evidence, including evidence | ||||||
6 | from the Department, the court determines that the minor's | ||||||
7 | current or planned placement is not necessary or appropriate | ||||||
8 | to facilitate achievement of the permanency goal, the court | ||||||
9 | shall put in writing the factual basis supporting its | ||||||
10 | determination and enter specific findings based on the | ||||||
11 | evidence. If the court finds that the minor's current or | ||||||
12 | planned placement is not necessary or appropriate, the court | ||||||
13 | may enter an order directing the Department to implement a | ||||||
14 | recommendation by the minor's treating clinician or a | ||||||
15 | clinician contracted by the Department to evaluate the minor | ||||||
16 | or a recommendation made by the Department. If the Department | ||||||
17 | places a minor in a placement under an order entered under this | ||||||
18 | subsection (2.5), the Department has the authority to remove | ||||||
19 | the minor from that placement when a change in circumstances | ||||||
20 | necessitates the removal to protect the minor's health, | ||||||
21 | safety, and best interest. If the Department determines | ||||||
22 | removal is necessary, the Department shall notify the parties | ||||||
23 | of the planned placement change in writing no later than 10 | ||||||
24 | days prior to the implementation of its determination unless | ||||||
25 | remaining in the placement poses an imminent risk of harm to | ||||||
26 | the minor, in which case the Department shall notify the |
| |||||||
| |||||||
1 | parties of the placement change in writing immediately | ||||||
2 | following the implementation of its decision. The Department | ||||||
3 | shall notify others of the decision to change the minor's | ||||||
4 | placement as required by Department rule. | ||||||
5 | (3) Following the permanency hearing, the court shall | ||||||
6 | enter a written order
that includes the determinations | ||||||
7 | required under subsection (2) of this
Section and sets forth | ||||||
8 | the following:
| ||||||
9 | (a) The future status of the minor, including the | ||||||
10 | permanency goal, and
any order necessary to conform the | ||||||
11 | minor's legal custody and status to such
determination; or
| ||||||
12 | (b) If the permanency goal of the minor cannot be | ||||||
13 | achieved immediately,
the specific reasons for continuing | ||||||
14 | the minor in the care of the Department of
Children and | ||||||
15 | Family Services or other agency for short-term short term | ||||||
16 | placement, and the
following determinations:
| ||||||
17 | (i) (Blank).
| ||||||
18 | (ii) Whether the services required by the court
| ||||||
19 | and by any service plan prepared within the prior 6 | ||||||
20 | months
have been provided and (A) if so, whether the | ||||||
21 | services were reasonably
calculated to facilitate the | ||||||
22 | achievement of the permanency goal or (B) if not
| ||||||
23 | provided, why the services were not provided.
| ||||||
24 | (iii) Whether the minor's current or planned | ||||||
25 | placement is necessary, and appropriate to the
plan | ||||||
26 | and goal, recognizing the right of minors to the least |
| |||||||
| |||||||
1 | restrictive (most
family-like) setting available and | ||||||
2 | in close proximity to the parents' home
consistent | ||||||
3 | with the health, safety, best interest , and special | ||||||
4 | needs of the
minor and, if the minor is placed | ||||||
5 | out-of-state, whether the out-of-state
placement | ||||||
6 | continues to be appropriate and consistent with the | ||||||
7 | health, safety,
and best interest of the minor.
| ||||||
8 | (iv) (Blank).
| ||||||
9 | (v) (Blank).
| ||||||
10 | (4) The minor or any person interested in the minor may | ||||||
11 | apply to the
court for a change in custody of the minor and the | ||||||
12 | appointment of a new
custodian or guardian of the person or for | ||||||
13 | the restoration of the minor
to the custody of his parents or | ||||||
14 | former guardian or custodian.
| ||||||
15 | When return home is not selected as the permanency goal:
| ||||||
16 | (a) The Department, the minor, or the current
foster | ||||||
17 | parent or relative
caregiver seeking private guardianship | ||||||
18 | may file a motion for private
guardianship of the minor. | ||||||
19 | Appointment of a guardian under this Section
requires | ||||||
20 | approval of the court.
| ||||||
21 | (b) The State's Attorney may file a motion to | ||||||
22 | terminate parental rights of
any parent who has failed to | ||||||
23 | make active reasonable efforts to correct the conditions
| ||||||
24 | which led to the removal of the child or reasonable | ||||||
25 | progress toward the return
of the child, as defined in | ||||||
26 | subdivision (D)(m) of Section 1 of the Adoption Act
or for |
| |||||||
| |||||||
1 | whom any other unfitness ground for terminating parental | ||||||
2 | rights as
defined in subdivision (D) of Section 1 of the | ||||||
3 | Adoption Act exists. | ||||||
4 | When parental rights have been terminated for a | ||||||
5 | minimum of 3 years and the child who is the subject of the | ||||||
6 | permanency hearing is 13 years old or older and is not | ||||||
7 | currently placed in a placement likely to achieve | ||||||
8 | permanency, the Department of
Children and Family Services | ||||||
9 | shall make active reasonable efforts to locate parents | ||||||
10 | whose rights have been terminated, except when the Court | ||||||
11 | determines that those efforts would be futile or | ||||||
12 | inconsistent with the subject child's best interests. The | ||||||
13 | Department of
Children and Family Services shall assess | ||||||
14 | the appropriateness of the parent whose rights have been | ||||||
15 | terminated, and shall, as appropriate, foster and support | ||||||
16 | connections between the parent whose rights have been | ||||||
17 | terminated and the youth. The Department of
Children and | ||||||
18 | Family Services shall document its determinations and | ||||||
19 | efforts to foster connections in the child's case plan.
| ||||||
20 | Custody of the minor shall not be restored to any parent, | ||||||
21 | guardian, or legal
custodian in any case in which the minor is | ||||||
22 | found to be neglected or abused
under Section 2-3 or dependent | ||||||
23 | under Section 2-4 of this Act, unless the
minor can be cared | ||||||
24 | for at home
without endangering his or her health or safety and | ||||||
25 | it is in the best
interest of the minor,
and if such neglect, | ||||||
26 | abuse, or dependency is found by the court
under paragraph (1) |
| |||||||
| |||||||
1 | of Section 2-21 of this Act to have come
about due to the acts | ||||||
2 | or omissions or both of such parent, guardian, or legal
| ||||||
3 | custodian, until such time as an investigation is made as | ||||||
4 | provided in
paragraph (5) and a hearing is held on the issue of | ||||||
5 | the health,
safety, and
best interest of the minor and the | ||||||
6 | fitness of such
parent, guardian, or legal custodian to care | ||||||
7 | for the minor and the court
enters an order that such parent, | ||||||
8 | guardian, or legal custodian is fit to
care for the minor. If a | ||||||
9 | motion is filed to modify or
vacate a private guardianship | ||||||
10 | order and return the child to a parent, guardian, or legal | ||||||
11 | custodian, the
court may order the Department of Children and | ||||||
12 | Family Services to assess the minor's current and
proposed | ||||||
13 | living arrangements and to provide ongoing monitoring of the | ||||||
14 | health, safety, and best interest
of the minor during the | ||||||
15 | pendency of the motion to assist the court in making that | ||||||
16 | determination. In the event that the minor has attained 18 | ||||||
17 | years
of age and the guardian or custodian petitions the court | ||||||
18 | for an order
terminating his guardianship or custody, | ||||||
19 | guardianship or custody shall
terminate automatically 30 days | ||||||
20 | after the receipt of the petition unless
the court orders | ||||||
21 | otherwise. No legal custodian or guardian of the
person may be | ||||||
22 | removed without his consent until given notice and an
| ||||||
23 | opportunity to be heard by the court.
| ||||||
24 | When the court orders a child restored to the custody of | ||||||
25 | the parent or
parents, the court shall order the parent or | ||||||
26 | parents to cooperate with the
Department of Children and |
| |||||||
| |||||||
1 | Family Services and comply with the terms of an
after-care | ||||||
2 | plan, or risk the loss of custody of the child and possible
| ||||||
3 | termination of their parental rights. The court may also enter | ||||||
4 | an order of
protective supervision in accordance with Section | ||||||
5 | 2-24.
| ||||||
6 | If the minor is being restored to the custody of a parent, | ||||||
7 | legal custodian, or guardian who lives
outside of Illinois, | ||||||
8 | and an Interstate Compact has been requested and refused, the | ||||||
9 | court may order the
Department of Children and Family Services | ||||||
10 | to arrange for an assessment of the minor's
proposed living | ||||||
11 | arrangement and for ongoing monitoring of the health, safety, | ||||||
12 | and best
interest of the minor and compliance with any order of | ||||||
13 | protective supervision entered in
accordance with Section | ||||||
14 | 2-24. | ||||||
15 | (5) Whenever a parent, guardian, or legal custodian files | ||||||
16 | a motion for
restoration of custody of the minor, and the minor | ||||||
17 | was adjudicated
neglected, abused, or dependent as a result of | ||||||
18 | physical abuse,
the court shall cause to be
made an | ||||||
19 | investigation as to whether the movant has ever been charged
| ||||||
20 | with or convicted of any criminal offense which would indicate | ||||||
21 | the
likelihood of any further physical abuse to the minor. | ||||||
22 | Evidence of such
criminal convictions shall be taken into | ||||||
23 | account in determining whether the
minor can be cared for at | ||||||
24 | home without endangering his or her health or safety
and | ||||||
25 | fitness of the parent, guardian, or legal custodian.
| ||||||
26 | (a) Any agency of this State or any subdivision |
| |||||||
| |||||||
1 | thereof shall cooperate
with the agent of the court in | ||||||
2 | providing any information
sought in the investigation.
| ||||||
3 | (b) The information derived from the investigation and | ||||||
4 | any
conclusions or recommendations derived from the | ||||||
5 | information shall be
provided to the parent, guardian, or | ||||||
6 | legal custodian seeking restoration
of custody prior to | ||||||
7 | the hearing on fitness and the movant shall have
an | ||||||
8 | opportunity at the hearing to refute the information or | ||||||
9 | contest its
significance.
| ||||||
10 | (c) All information obtained from any investigation | ||||||
11 | shall be confidential
as provided in Section 5-150 of this | ||||||
12 | Act.
| ||||||
13 | (Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21; | ||||||
14 | 102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised | ||||||
15 | 8-23-22.)
| ||||||
16 | (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
| ||||||
17 | Sec. 2-31. Duration of wardship and discharge of | ||||||
18 | proceedings.
| ||||||
19 | (1) All proceedings under Article II of this Act in | ||||||
20 | respect of any minor
automatically terminate upon his or her | ||||||
21 | attaining the age of 21 years.
| ||||||
22 | (2) Whenever the court determines, and makes written | ||||||
23 | factual findings, that
health, safety, and the best interests | ||||||
24 | of the minor and
the public no longer require the wardship of | ||||||
25 | the court, the court shall
order the wardship terminated and |
| |||||||
| |||||||
1 | all proceedings under this Act respecting
that minor finally | ||||||
2 | closed and discharged. The court may at the same time
continue | ||||||
3 | or terminate any custodianship or guardianship theretofore | ||||||
4 | ordered
but the termination must be made in compliance with | ||||||
5 | Section 2-28. When terminating wardship under this Section, if | ||||||
6 | the minor is over 18 or if wardship is terminated in | ||||||
7 | conjunction with an order partially or completely emancipating | ||||||
8 | the minor in accordance with the Emancipation of Minors Act, | ||||||
9 | the court shall also consider the following factors, in | ||||||
10 | addition to the health, safety, and best interest of the minor | ||||||
11 | and the public: (A) the minor's wishes regarding case closure; | ||||||
12 | (B) the manner in which the minor will maintain independence | ||||||
13 | without services from the Department; (C) the minor's | ||||||
14 | engagement in services including placement offered by the | ||||||
15 | Department; (D) if the minor is not engaged, the Department's | ||||||
16 | efforts to engage the minor; (E) the nature of communication | ||||||
17 | between the minor and the Department; (F) the minor's | ||||||
18 | involvement in other State systems or services; (G) the | ||||||
19 | minor's connections with family and other community support; | ||||||
20 | and (H) any other factor the court deems relevant. The minor's | ||||||
21 | lack of cooperation with services provided by the Department | ||||||
22 | of Children and Family Services shall not by itself be | ||||||
23 | considered sufficient evidence that the minor is prepared to | ||||||
24 | live independently and that it is in the best interest of the | ||||||
25 | minor to terminate wardship. It shall not be in the minor's | ||||||
26 | best interest to terminate wardship of a minor over the age of |
| |||||||
| |||||||
1 | 18 who is in the guardianship of the Department of Children and | ||||||
2 | Family Services if the Department has not made active | ||||||
3 | reasonable efforts to ensure that the minor has documents | ||||||
4 | necessary for adult living as provided in Section 35.10 of the | ||||||
5 | Children and Family Services Act.
| ||||||
6 | (3) The wardship of the minor and any custodianship or | ||||||
7 | guardianship
respecting the minor for whom a petition was | ||||||
8 | filed after July 24, 1991 (the effective
date of Public Act | ||||||
9 | 87-14) automatically terminates when he
attains the age of 19 | ||||||
10 | years, except as set forth in subsection (1) of this
Section. | ||||||
11 | The clerk of the court shall at that time record all | ||||||
12 | proceedings
under this Act as finally closed and discharged | ||||||
13 | for that reason. The provisions of this subsection (3) become | ||||||
14 | inoperative on and after July 12, 2019 (the effective date of | ||||||
15 | Public Act 101-78).
| ||||||
16 | (4) Notwithstanding any provision of law to the contrary, | ||||||
17 | the changes made by Public Act 101-78 apply to all cases that | ||||||
18 | are pending on or after July 12, 2019 (the effective date of | ||||||
19 | Public Act 101-78). | ||||||
20 | (Source: P.A. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.)
| ||||||
21 | Section 10. The Adoption Act is amended by changing | ||||||
22 | Section 1 as follows:
| ||||||
23 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
24 | Sec. 1. Definitions. When used in this Act, unless the |
| |||||||
| |||||||
1 | context
otherwise requires:
| ||||||
2 | A. "Child" means a person under legal age subject to | ||||||
3 | adoption under
this Act.
| ||||||
4 | B. "Related child" means a child subject to adoption where | ||||||
5 | either or both of
the adopting parents stands in any of the | ||||||
6 | following relationships to the child
by blood, marriage, | ||||||
7 | adoption, or civil union: parent, grand-parent, | ||||||
8 | great-grandparent, brother, sister, step-parent,
| ||||||
9 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
10 | great-uncle,
great-aunt, first cousin, or second cousin. A | ||||||
11 | person is related to the child as a first cousin or second | ||||||
12 | cousin if they are both related to the same ancestor as either | ||||||
13 | grandchild or great-grandchild. A child whose parent has | ||||||
14 | executed
a consent to adoption, a surrender, or a waiver | ||||||
15 | pursuant to Section 10 of this Act or whose parent has signed a | ||||||
16 | denial of paternity pursuant to Section 12 of the Vital | ||||||
17 | Records Act or Section 12a of this Act, or whose parent has had | ||||||
18 | his or her parental rights
terminated, is not a related child | ||||||
19 | to that person, unless (1) the consent is
determined to be void | ||||||
20 | or is void pursuant to subsection O of Section 10 of this Act;
| ||||||
21 | or (2) the parent of the child executed a consent to adoption | ||||||
22 | by a specified person or persons pursuant to subsection A-1 of | ||||||
23 | Section 10 of this Act and a court of competent jurisdiction | ||||||
24 | finds that such consent is void; or (3) the order terminating | ||||||
25 | the parental rights of the parent is vacated by a court of | ||||||
26 | competent jurisdiction.
|
| |||||||
| |||||||
1 | C. "Agency" for the purpose of this Act means a public | ||||||
2 | child welfare agency
or a licensed child welfare agency.
| ||||||
3 | D. "Unfit person" means any person whom the court shall | ||||||
4 | find to be unfit
to have a child, without regard to the | ||||||
5 | likelihood that the child will be
placed for adoption. The | ||||||
6 | grounds of unfitness are any one or more
of the following, | ||||||
7 | except that a person shall not be considered an unfit
person | ||||||
8 | for the sole reason that the person has relinquished a child in
| ||||||
9 | accordance with the Abandoned Newborn Infant Protection Act or | ||||||
10 | the Department of Children and Family Services or its assign | ||||||
11 | has been found to have not made active efforts as defined in | ||||||
12 | Section 1-3 of the Juvenile Court Act of 1987 during any period | ||||||
13 | during the pendency of the case at hand :
| ||||||
14 | (a) Abandonment of the child.
| ||||||
15 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
16 | (a-2) Abandonment of a newborn infant in any setting | ||||||
17 | where the evidence
suggests that the parent intended to | ||||||
18 | relinquish his or her parental rights.
| ||||||
19 | (b) Failure to maintain a reasonable degree of | ||||||
20 | interest, concern or
responsibility as to the child's | ||||||
21 | welfare.
| ||||||
22 | (c) Desertion of the child for more than 3 months next | ||||||
23 | preceding the
commencement of the Adoption proceeding.
| ||||||
24 | (d) Substantial neglect
of the
child if continuous or | ||||||
25 | repeated.
| ||||||
26 | (d-1) Substantial neglect, if continuous or repeated, |
| |||||||
| |||||||
1 | of any child
residing in the household which resulted in | ||||||
2 | the death of that child.
| ||||||
3 | (e) Extreme or repeated cruelty to the child.
| ||||||
4 | (f) There is a rebuttable presumption, which can be | ||||||
5 | overcome only by clear and convincing evidence, that a | ||||||
6 | parent is unfit if:
| ||||||
7 | (1) Two or more findings of physical abuse have | ||||||
8 | been entered regarding any children under Section 2-21 | ||||||
9 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
10 | which was determined by the juvenile court
hearing the | ||||||
11 | matter to be supported by clear and convincing | ||||||
12 | evidence; or | ||||||
13 | (2) The parent has been convicted or found not | ||||||
14 | guilty by reason of insanity and the conviction or | ||||||
15 | finding resulted from the death of any child by | ||||||
16 | physical abuse; or
| ||||||
17 | (3) There is a finding of physical child abuse | ||||||
18 | resulting from the death of any
child under Section | ||||||
19 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
20 | No conviction or finding of delinquency pursuant to | ||||||
21 | Article V of the Juvenile Court Act of 1987 shall be | ||||||
22 | considered a criminal conviction for the purpose of | ||||||
23 | applying any presumption under this item (f).
| ||||||
24 | (g) Failure to protect the child from conditions | ||||||
25 | within his environment
injurious to the child's welfare.
| ||||||
26 | (h) Other neglect of, or misconduct toward the child; |
| |||||||
| |||||||
1 | provided that in
making a finding of unfitness the court | ||||||
2 | hearing the adoption proceeding
shall not be bound by any | ||||||
3 | previous finding, order or judgment affecting
or | ||||||
4 | determining the rights of the parents toward the child | ||||||
5 | sought to be adopted
in any other proceeding except such | ||||||
6 | proceedings terminating parental rights
as shall be had | ||||||
7 | under either this Act, the Juvenile Court Act or
the | ||||||
8 | Juvenile Court Act of 1987.
| ||||||
9 | (i) Depravity. Conviction of any one of the following
| ||||||
10 | crimes shall create a presumption that a parent is | ||||||
11 | depraved which can be
overcome only by clear and | ||||||
12 | convincing evidence:
(1) first degree murder in violation | ||||||
13 | of paragraph (1) or (2)
of subsection (a) of Section 9-1 of | ||||||
14 | the Criminal Code of 1961 or the Criminal Code of 2012 or | ||||||
15 | conviction
of second degree murder in violation of | ||||||
16 | subsection (a) of Section 9-2 of the
Criminal Code of 1961 | ||||||
17 | or the Criminal Code of 2012 of a parent of the child to be | ||||||
18 | adopted; (2)
first degree murder or second degree murder | ||||||
19 | of any child in
violation of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012; (3)
attempt or conspiracy to | ||||||
21 | commit first degree murder or second degree murder
of any | ||||||
22 | child in violation of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012; (4)
solicitation to commit murder | ||||||
24 | of any child, solicitation to
commit murder of any child | ||||||
25 | for hire, or solicitation to commit second
degree murder | ||||||
26 | of any child in violation of the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | the Criminal Code of 2012; (5)
predatory criminal sexual | ||||||
2 | assault of a child in violation of
Section 11-1.40 or | ||||||
3 | 12-14.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
4 | of 2012; (6) heinous battery of any child in violation of | ||||||
5 | the Criminal Code of 1961; (7) aggravated battery of any | ||||||
6 | child in violation of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012; (8) any violation of Section | ||||||
8 | 11-1.20 or Section 12-13 of the Criminal Code of 1961 or | ||||||
9 | the Criminal Code of 2012; (9) any violation of subsection | ||||||
10 | (a) of Section 11-1.50 or Section 12-16 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012; (10) any | ||||||
12 | violation of Section 11-9.1 of the Criminal Code of 1961 | ||||||
13 | or the Criminal Code of 2012; (11) any violation of | ||||||
14 | Section 11-9.1A of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012; or (12) an offense in any other | ||||||
16 | state the elements of which are similar and bear a
| ||||||
17 | substantial relationship to any of the enumerated offenses | ||||||
18 | in this subsection (i).
| ||||||
19 | There is a rebuttable presumption that a parent is | ||||||
20 | depraved if the parent
has been criminally convicted of at | ||||||
21 | least 3 felonies under the laws of this
State or any other | ||||||
22 | state, or under federal law, or the criminal laws of any
| ||||||
23 | United States territory; and at least
one of these
| ||||||
24 | convictions took place within 5 years of the filing of the | ||||||
25 | petition or motion
seeking termination of parental rights.
| ||||||
26 | There is a rebuttable presumption that a parent is |
| |||||||
| |||||||
1 | depraved if that
parent
has
been criminally convicted of | ||||||
2 | either first or second degree murder of any person
as | ||||||
3 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
4 | of 2012 within 10 years of the filing date of
the petition | ||||||
5 | or motion to terminate parental rights. | ||||||
6 | No conviction or finding of delinquency pursuant to | ||||||
7 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
8 | considered a criminal conviction for the purpose of | ||||||
9 | applying any presumption under this item (i).
| ||||||
10 | (j) Open and notorious adultery or fornication.
| ||||||
11 | (j-1) (Blank).
| ||||||
12 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
13 | than those
prescribed by a physician, for at least one | ||||||
14 | year immediately
prior to the commencement of the | ||||||
15 | unfitness proceeding.
| ||||||
16 | There is a rebuttable presumption that a parent is | ||||||
17 | unfit under this
subsection
with respect to any child to | ||||||
18 | which that parent gives birth where there is a
confirmed
| ||||||
19 | test result that at birth the child's blood, urine, or | ||||||
20 | meconium contained any
amount of a controlled substance as | ||||||
21 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
22 | Controlled Substances Act or metabolites of such | ||||||
23 | substances, the
presence of which in the newborn infant | ||||||
24 | was not the result of medical treatment
administered to | ||||||
25 | the mother or the newborn infant; and the biological | ||||||
26 | mother of
this child is the biological mother of at least |
| |||||||
| |||||||
1 | one other child who was
adjudicated a neglected minor | ||||||
2 | under subsection (c) of Section 2-3 of the
Juvenile Court | ||||||
3 | Act of 1987.
| ||||||
4 | (l) Failure to demonstrate a reasonable degree of | ||||||
5 | interest, concern or
responsibility as to the welfare of a | ||||||
6 | new born child during the first 30
days after its birth.
| ||||||
7 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
8 | to correct the
conditions that were the basis for the | ||||||
9 | removal of the child from the
parent during any 9-month | ||||||
10 | period following the adjudication of neglected or abused | ||||||
11 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
12 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
13 | to make reasonable progress
toward the return of the
child | ||||||
14 | to the parent during any 9-month period following the | ||||||
15 | adjudication of
neglected or abused minor under Section | ||||||
16 | 2-3 of the Juvenile Court
Act of 1987 or dependent minor | ||||||
17 | under Section 2-4 of that Act.
If a service plan has been | ||||||
18 | established as
required under
Section 8.2 of the Abused | ||||||
19 | and Neglected Child Reporting Act to correct the
| ||||||
20 | conditions that were the basis for the removal of the | ||||||
21 | child from the parent
and if those services were | ||||||
22 | available,
then, for purposes of this Act, "failure to | ||||||
23 | make reasonable progress toward the
return of the child to | ||||||
24 | the parent" includes the parent's failure to substantially | ||||||
25 | fulfill his or her obligations
under
the service plan and | ||||||
26 | correct the conditions that brought the child into care
|
| |||||||
| |||||||
1 | during any 9-month period
following the adjudication under | ||||||
2 | Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
3 | Notwithstanding any other provision, when a petition or | ||||||
4 | motion seeks to terminate parental rights on the basis of | ||||||
5 | item (ii) of this subsection (m), the petitioner shall | ||||||
6 | file with the court and serve on the parties a pleading | ||||||
7 | that specifies the 9-month period or periods relied on. | ||||||
8 | The pleading shall be filed and served on the parties no | ||||||
9 | later than 3 weeks before the date set by the court for | ||||||
10 | closure of discovery, and the allegations in the pleading | ||||||
11 | shall be treated as incorporated into the petition or | ||||||
12 | motion. Failure of a respondent to file a written denial | ||||||
13 | of the allegations in the pleading shall not be treated as | ||||||
14 | an admission that the allegations are true.
| ||||||
15 | (m-1) (Blank).
| ||||||
16 | (n) Evidence of intent to forgo his or her parental | ||||||
17 | rights,
whether or
not the child is a ward of the court, | ||||||
18 | (1) as manifested
by his or her failure for a period of 12 | ||||||
19 | months: (i) to visit the child,
(ii) to communicate with | ||||||
20 | the child or agency, although able to do so and
not | ||||||
21 | prevented from doing so by an agency or by court order, or | ||||||
22 | (iii) to
maintain contact with or plan for the future of | ||||||
23 | the child, although physically
able to do so, or (2) as | ||||||
24 | manifested by the father's failure, where he
and the | ||||||
25 | mother of the child were unmarried to each other at the | ||||||
26 | time of the
child's birth, (i) to commence legal |
| |||||||
| |||||||
1 | proceedings to establish his paternity
under the Illinois | ||||||
2 | Parentage Act of 1984, the Illinois Parentage Act of 2015, | ||||||
3 | or the law of the jurisdiction of
the child's birth within | ||||||
4 | 30 days of being informed, pursuant to Section 12a
of this | ||||||
5 | Act, that he is the father or the likely father of the | ||||||
6 | child or,
after being so informed where the child is not | ||||||
7 | yet born, within 30 days of
the child's birth, or (ii) to | ||||||
8 | make a good faith effort to pay a reasonable
amount of the | ||||||
9 | expenses related to the birth of the child and to provide a
| ||||||
10 | reasonable amount for the financial support of the child, | ||||||
11 | the court to
consider in its determination all relevant | ||||||
12 | circumstances, including the
financial condition of both | ||||||
13 | parents; provided that the ground for
termination provided | ||||||
14 | in this subparagraph (n)(2)(ii) shall only be
available | ||||||
15 | where the petition is brought by the mother or the husband | ||||||
16 | of
the mother.
| ||||||
17 | Contact or communication by a parent with his or her | ||||||
18 | child that does not
demonstrate affection and concern does | ||||||
19 | not constitute reasonable contact
and planning under | ||||||
20 | subdivision (n). In the absence of evidence to the
| ||||||
21 | contrary, the ability to visit, communicate, maintain | ||||||
22 | contact, pay
expenses and plan for the future shall be | ||||||
23 | presumed. The subjective intent
of the parent, whether | ||||||
24 | expressed or otherwise, unsupported by evidence of
the | ||||||
25 | foregoing parental acts manifesting that intent, shall not | ||||||
26 | preclude a
determination that the parent has intended to |
| |||||||
| |||||||
1 | forgo his or her
parental
rights. In making this | ||||||
2 | determination, the court may consider but shall not
| ||||||
3 | require a showing of diligent efforts by an authorized | ||||||
4 | agency to encourage
the parent to perform the acts | ||||||
5 | specified in subdivision (n).
| ||||||
6 | It shall be an affirmative defense to any allegation | ||||||
7 | under paragraph
(2) of this subsection that the father's | ||||||
8 | failure was due to circumstances
beyond his control or to | ||||||
9 | impediments created by the mother or any other
person | ||||||
10 | having legal custody. Proof of that fact need only be by a
| ||||||
11 | preponderance of the evidence.
| ||||||
12 | (o) Repeated or continuous failure by the parents, | ||||||
13 | although physically
and financially able, to provide the | ||||||
14 | child with adequate food, clothing,
or shelter.
| ||||||
15 | (p) Inability to discharge parental responsibilities | ||||||
16 | supported by
competent evidence from a psychiatrist, | ||||||
17 | licensed clinical social
worker, or clinical psychologist | ||||||
18 | of mental
impairment, mental illness or an intellectual | ||||||
19 | disability as defined in Section
1-116 of the Mental | ||||||
20 | Health and Developmental Disabilities Code, or
| ||||||
21 | developmental disability as defined in Section 1-106 of | ||||||
22 | that Code, and
there is sufficient justification to | ||||||
23 | believe that the inability to
discharge parental | ||||||
24 | responsibilities shall extend beyond a reasonable
time | ||||||
25 | period. However, this subdivision (p) shall not be | ||||||
26 | construed so as to
permit a licensed clinical social |
| |||||||
| |||||||
1 | worker to conduct any medical diagnosis to
determine | ||||||
2 | mental illness or mental impairment.
| ||||||
3 | (q) (Blank).
| ||||||
4 | (r) The child is in the temporary custody or | ||||||
5 | guardianship of the
Department of Children and Family | ||||||
6 | Services, the parent is incarcerated as a
result of | ||||||
7 | criminal conviction at the time the petition or motion for
| ||||||
8 | termination of parental rights is filed, prior to | ||||||
9 | incarceration the parent had
little or no contact with the | ||||||
10 | child or provided little or no support for the
child, and | ||||||
11 | the parent's incarceration will prevent the parent from | ||||||
12 | discharging
his or her parental responsibilities for the | ||||||
13 | child for a period in excess of 2
years after the filing of | ||||||
14 | the petition or motion for termination of parental
rights.
| ||||||
15 | (s) The child is in the temporary custody or | ||||||
16 | guardianship of the
Department of Children and Family | ||||||
17 | Services, the parent is incarcerated at the
time the | ||||||
18 | petition or motion for termination of parental rights is | ||||||
19 | filed, the
parent has been repeatedly incarcerated as a | ||||||
20 | result of criminal convictions,
and the parent's repeated | ||||||
21 | incarceration has prevented the parent from
discharging | ||||||
22 | his or her parental responsibilities for the child.
| ||||||
23 | (t) A finding that at birth the child's blood,
urine, | ||||||
24 | or meconium contained any amount of a controlled substance | ||||||
25 | as
defined in subsection (f) of Section 102 of the | ||||||
26 | Illinois Controlled Substances
Act, or a metabolite of a |
| |||||||
| |||||||
1 | controlled substance, with the exception of
controlled | ||||||
2 | substances or metabolites of such substances, the presence | ||||||
3 | of which
in the newborn infant was the result of medical | ||||||
4 | treatment administered to the
mother or the newborn | ||||||
5 | infant, and that the biological mother of this child is
| ||||||
6 | the biological mother of at least one other child who was | ||||||
7 | adjudicated a
neglected minor under subsection (c) of | ||||||
8 | Section 2-3 of the Juvenile Court Act
of 1987, after which | ||||||
9 | the biological mother had the opportunity to enroll in
and | ||||||
10 | participate in a clinically appropriate substance abuse
| ||||||
11 | counseling, treatment, and rehabilitation program.
| ||||||
12 | E. "Parent" means a person who is the legal mother or legal | ||||||
13 | father of the child as defined in subsection X or Y of this | ||||||
14 | Section. For the purpose of this Act, a parent who has executed | ||||||
15 | a consent to adoption, a surrender, or a waiver pursuant to | ||||||
16 | Section 10 of this Act, who has signed a Denial of Paternity | ||||||
17 | pursuant to Section 12 of the Vital Records Act or Section 12a | ||||||
18 | of this Act, or whose parental rights have been terminated by a | ||||||
19 | court, is not a parent of the child who was the subject of the | ||||||
20 | consent, surrender, waiver, or denial unless (1) the consent | ||||||
21 | is void pursuant to subsection O of Section 10 of this Act; or | ||||||
22 | (2) the person executed a consent to adoption by a specified | ||||||
23 | person or persons pursuant to subsection A-1 of Section 10 of | ||||||
24 | this Act and a court of competent jurisdiction finds that the | ||||||
25 | consent is void; or (3) the order terminating the parental | ||||||
26 | rights of the person is vacated by a court of competent |
| |||||||
| |||||||
1 | jurisdiction.
| ||||||
2 | F. A person is available for adoption when the person is:
| ||||||
3 | (a) a child who has been surrendered for adoption to | ||||||
4 | an agency and to
whose adoption the agency has thereafter | ||||||
5 | consented;
| ||||||
6 | (b) a child to whose adoption a person authorized by | ||||||
7 | law, other than his
parents, has consented, or to whose | ||||||
8 | adoption no consent is required pursuant
to Section 8 of | ||||||
9 | this Act;
| ||||||
10 | (c) a child who is in the custody of persons who intend | ||||||
11 | to adopt him
through placement made by his parents;
| ||||||
12 | (c-1) a child for whom a parent has signed a specific | ||||||
13 | consent pursuant
to subsection O of Section 10;
| ||||||
14 | (d) an adult who meets the conditions set forth in | ||||||
15 | Section 3 of this
Act; or
| ||||||
16 | (e) a child who has been relinquished as defined in | ||||||
17 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
18 | A person who would otherwise be available for adoption | ||||||
19 | shall not be
deemed unavailable for adoption solely by reason | ||||||
20 | of his or her death.
| ||||||
21 | G. The singular includes the plural and the plural | ||||||
22 | includes
the singular and the "male" includes the "female", as | ||||||
23 | the context of this
Act may require.
| ||||||
24 | H. (Blank).
| ||||||
25 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
26 | the federal Intercountry Adoption Act of 2000 and regulations |
| |||||||
| |||||||
1 | promulgated thereunder.
| ||||||
2 | J. "Immediate relatives" means the biological parents, the | ||||||
3 | parents of
the biological parents and siblings of the | ||||||
4 | biological parents.
| ||||||
5 | K. "Intercountry adoption" is a process by which a child | ||||||
6 | from a country
other than the United States is adopted by | ||||||
7 | persons who are habitual residents of the United States, or | ||||||
8 | the child is a habitual resident of the United States who is | ||||||
9 | adopted by persons who are habitual residents of a country | ||||||
10 | other than the United States.
| ||||||
11 | L. (Blank).
| ||||||
12 | M. "Interstate Compact on the Placement of Children" is a | ||||||
13 | law enacted by all
states and certain territories for the | ||||||
14 | purpose of establishing uniform procedures for handling
the | ||||||
15 | interstate placement of children in foster homes, adoptive | ||||||
16 | homes, or
other child care facilities.
| ||||||
17 | N. (Blank).
| ||||||
18 | O. "Preadoption requirements" means any conditions or | ||||||
19 | standards established by the laws or administrative rules of | ||||||
20 | this State that must be met by a prospective adoptive parent
| ||||||
21 | prior to the placement of a child in an adoptive home.
| ||||||
22 | P. "Abused child" means a child whose parent or immediate | ||||||
23 | family member,
or any person responsible for the child's | ||||||
24 | welfare, or any individual
residing in the same home as the | ||||||
25 | child, or a paramour of the child's parent:
| ||||||
26 | (a) inflicts, causes to be inflicted, or allows to be |
| |||||||
| |||||||
1 | inflicted upon
the child physical injury, by other than | ||||||
2 | accidental means, that causes
death, disfigurement, | ||||||
3 | impairment of physical or emotional health, or loss
or | ||||||
4 | impairment of any bodily function;
| ||||||
5 | (b) creates a substantial risk of physical injury to | ||||||
6 | the child by
other than accidental means which would be | ||||||
7 | likely to cause death,
disfigurement, impairment of | ||||||
8 | physical or emotional health, or loss or
impairment of any | ||||||
9 | bodily function;
| ||||||
10 | (c) commits or allows to be committed any sex offense | ||||||
11 | against the child,
as sex offenses are defined in the | ||||||
12 | Criminal Code of 2012
and extending those definitions of | ||||||
13 | sex offenses to include children under
18 years of age;
| ||||||
14 | (d) commits or allows to be committed an act or acts of | ||||||
15 | torture upon
the child; or
| ||||||
16 | (e) inflicts excessive corporal punishment.
| ||||||
17 | Q. "Neglected child" means any child whose parent or other | ||||||
18 | person
responsible for the child's welfare withholds or denies | ||||||
19 | nourishment or
medically indicated treatment including food or | ||||||
20 | care denied solely on the
basis of the present or anticipated | ||||||
21 | mental or physical impairment as determined
by a physician | ||||||
22 | acting alone or in consultation with other physicians or
| ||||||
23 | otherwise does not provide the proper or necessary support, | ||||||
24 | education
as required by law, or medical or other remedial | ||||||
25 | care recognized under State
law as necessary for a child's | ||||||
26 | well-being, or other care necessary for his
or her well-being, |
| |||||||
| |||||||
1 | including adequate food, clothing and shelter; or who
is | ||||||
2 | abandoned by his or her parents or other person responsible | ||||||
3 | for the child's
welfare.
| ||||||
4 | A child shall not be considered neglected or abused for | ||||||
5 | the
sole reason that the child's parent or other person | ||||||
6 | responsible for his
or her welfare depends upon spiritual | ||||||
7 | means through prayer alone for the
treatment or cure of | ||||||
8 | disease or remedial care as provided under Section 4
of the | ||||||
9 | Abused and Neglected Child Reporting Act.
A child shall not be | ||||||
10 | considered neglected or abused for the sole reason that
the | ||||||
11 | child's parent or other person responsible for the child's | ||||||
12 | welfare failed
to vaccinate, delayed vaccination, or refused | ||||||
13 | vaccination for the child
due to a waiver on religious or | ||||||
14 | medical grounds as permitted by law.
| ||||||
15 | R. "Putative father" means a man who may be a child's | ||||||
16 | father, but who (1) is
not married to the child's mother on or | ||||||
17 | before the date that the child was or
is to be born and (2) has | ||||||
18 | not established paternity of the child in a court
proceeding | ||||||
19 | before the filing of a petition for the adoption of the child. | ||||||
20 | The
term includes a male who is less than 18 years of age. | ||||||
21 | "Putative father" does
not mean a man who is the child's father | ||||||
22 | as a result of criminal sexual abuse
or assault as defined | ||||||
23 | under Article 11 of the Criminal Code of 2012.
| ||||||
24 | S. "Standby adoption" means an adoption in which a parent
| ||||||
25 | consents to custody and termination of parental rights to | ||||||
26 | become
effective upon the occurrence of a future event, which |
| |||||||
| |||||||
1 | is either the death of
the
parent or the request of the parent
| ||||||
2 | for the entry of a final judgment of adoption.
| ||||||
3 | T. (Blank).
| ||||||
4 | T-5. "Biological parent", "birth parent", or "natural | ||||||
5 | parent" of a child are interchangeable terms that mean a | ||||||
6 | person who is biologically or genetically related to that | ||||||
7 | child as a parent. | ||||||
8 | U. "Interstate adoption" means the placement of a minor | ||||||
9 | child with a prospective adoptive parent for the purpose of | ||||||
10 | pursuing an adoption for that child that is subject to the | ||||||
11 | provisions of the Interstate Compact on the Placement of | ||||||
12 | Children. | ||||||
13 | V. (Blank). | ||||||
14 | W. (Blank). | ||||||
15 | X. "Legal father" of a child means a man who is recognized | ||||||
16 | as or presumed to be that child's father: | ||||||
17 | (1) because of his marriage to or civil union with the | ||||||
18 | child's parent at the time of the child's birth or within | ||||||
19 | 300 days prior to that child's birth, unless he signed a | ||||||
20 | denial of paternity pursuant to Section 12 of the Vital | ||||||
21 | Records Act or a waiver pursuant to Section 10 of this Act; | ||||||
22 | or | ||||||
23 | (2) because his paternity of the child has been | ||||||
24 | established pursuant to the Illinois Parentage Act, the | ||||||
25 | Illinois Parentage Act of 1984, or the Gestational | ||||||
26 | Surrogacy Act; or |
| |||||||
| |||||||
1 | (3) because he is listed as the child's father or | ||||||
2 | parent on the child's birth certificate, unless he is | ||||||
3 | otherwise determined by an administrative or judicial | ||||||
4 | proceeding not to be the parent of the child or unless he | ||||||
5 | rescinds his acknowledgment of paternity pursuant to the | ||||||
6 | Illinois Parentage Act of 1984; or | ||||||
7 | (4) because his paternity or adoption of the child has | ||||||
8 | been established by a court of competent jurisdiction. | ||||||
9 | The definition in this subsection X shall not be construed | ||||||
10 | to provide greater or lesser rights as to the number of parents | ||||||
11 | who can be named on a final judgment order of adoption or | ||||||
12 | Illinois birth certificate that otherwise exist under Illinois | ||||||
13 | law. | ||||||
14 | Y. "Legal mother" of a child means a woman who is | ||||||
15 | recognized as or presumed to be that child's mother: | ||||||
16 | (1) because she gave birth to the child except as | ||||||
17 | provided in the Gestational Surrogacy Act; or | ||||||
18 | (2) because her maternity of the child has been | ||||||
19 | established pursuant to the Illinois Parentage Act of 1984 | ||||||
20 | or the Gestational Surrogacy Act; or | ||||||
21 | (3) because her maternity or adoption of the child has | ||||||
22 | been established by a court of competent jurisdiction; or | ||||||
23 | (4) because of her marriage to or civil union with the | ||||||
24 | child's other parent at the time of the child's birth or | ||||||
25 | within 300 days prior to the time of birth; or | ||||||
26 | (5) because she is listed as the child's mother or |
| |||||||
| |||||||
1 | parent on the child's birth certificate unless she is | ||||||
2 | otherwise determined by an administrative or judicial | ||||||
3 | proceeding not to be the parent of the child. | ||||||
4 | The definition in this subsection Y shall not be construed | ||||||
5 | to provide greater or lesser rights as to the number of parents | ||||||
6 | who can be named on a final judgment order of adoption or | ||||||
7 | Illinois birth certificate that otherwise exist under Illinois | ||||||
8 | law. | ||||||
9 | Z. "Department" means the Illinois Department of Children | ||||||
10 | and Family Services. | ||||||
11 | AA. "Placement disruption" means a circumstance where the | ||||||
12 | child is removed from an adoptive placement before the | ||||||
13 | adoption is finalized. | ||||||
14 | BB. "Secondary placement" means a placement, including but | ||||||
15 | not limited to the placement of a youth in care as defined in | ||||||
16 | Section 4d of the Children and Family Services Act, that | ||||||
17 | occurs after a placement disruption or an adoption | ||||||
18 | dissolution. "Secondary placement" does not mean secondary | ||||||
19 | placements arising due to the death of the adoptive parent of | ||||||
20 | the child. | ||||||
21 | CC. "Adoption dissolution" means a circumstance where the | ||||||
22 | child is removed from an adoptive placement after the adoption | ||||||
23 | is finalized. | ||||||
24 | DD. "Unregulated placement" means the secondary placement | ||||||
25 | of a child that occurs without the oversight of the courts, the | ||||||
26 | Department, or a licensed child welfare agency. |
| |||||||
| |||||||
1 | EE. "Post-placement and post-adoption support services" | ||||||
2 | means support services for placed or adopted children and | ||||||
3 | families that include, but are not limited to, mental health | ||||||
4 | treatment, including counseling and other support services for | ||||||
5 | emotional, behavioral, or developmental needs, and treatment | ||||||
6 | for substance abuse. | ||||||
7 | FF. "Youth in care" has the meaning provided in Section 4d | ||||||
8 | of the Children and Family Services Act. | ||||||
9 | (Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20; | ||||||
10 | 102-139, eff. 1-1-22; 102-558, eff. 8-20-21 .)
|