Bill Text: IL HB2910 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Juvenile Court Act of 1987. Provides that the court may approve the placement of a minor in an out of state residential treatment center upon application by the Department of Children and Family Services when the court determines that the placement of the minor in an out-of-state residential treatment center is in the best interest and is the least restrictive, most family-like setting for the minor. Provides that the Department's application shall include an explanation of what in State resources, if any, the Department considered for the minor and why the minor cannot be placed in a residential treatment center or other placement in this State, an explanation as to how the out-of-state residential treatment center will impact the minor's relationships with family and other individuals important to the minor and what steps the Department will take to preserve those relationships, an explanation as to how the Department will ensure the safety and well-being of the minor in the out-of-state residential treatment center and an explanation as to why it is in the minor's best interest to be placed in the out-of-state residential treatment center, including a description of the minor's treatment needs and how those needs will be met in the proposed placement. Provides that this provision does not apply to an out-of-state placement of a minor in a family foster home, relative foster home, a home of a parent, or a dormitory or independent living setting of a minor attending a post-secondary educational institution. Defines "residential treatment center". Effective immediately.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2017-04-25 - Assigned to Human Services [HB2910 Detail]

Download: Illinois-2017-HB2910-Engrossed.html



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1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 1-3 and 2-28 and by adding Section 2-27.2 as
6follows:
7 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
8 Sec. 1-3. Definitions. Terms used in this Act, unless the
9context otherwise requires, have the following meanings
10ascribed to them:
11 (1) "Adjudicatory hearing" means a hearing to determine
12whether the allegations of a petition under Section 2-13, 3-15
13or 4-12 that a minor under 18 years of age is abused, neglected
14or dependent, or requires authoritative intervention, or
15addicted, respectively, are supported by a preponderance of the
16evidence or whether the allegations of a petition under Section
175-520 that a minor is delinquent are proved beyond a reasonable
18doubt.
19 (2) "Adult" means a person 21 years of age or older.
20 (3) "Agency" means a public or private child care facility
21legally authorized or licensed by this State for placement or
22institutional care or for both placement and institutional
23care.

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1 (4) "Association" means any organization, public or
2private, engaged in welfare functions which include services to
3or on behalf of children but does not include "agency" as
4herein defined.
5 (4.05) Whenever a "best interest" determination is
6required, the following factors shall be considered in the
7context of the child's age and developmental needs:
8 (a) the physical safety and welfare of the child,
9 including food, shelter, health, and clothing;
10 (b) the development of the child's identity;
11 (c) the child's background and ties, including
12 familial, cultural, and religious;
13 (d) the child's sense of attachments, including:
14 (i) where the child actually feels love,
15 attachment, and a sense of being valued (as opposed to
16 where adults believe the child should feel such love,
17 attachment, and a sense of being valued);
18 (ii) the child's sense of security;
19 (iii) the child's sense of familiarity;
20 (iv) continuity of affection for the child;
21 (v) the least disruptive placement alternative for
22 the child;
23 (e) the child's wishes and long-term goals;
24 (f) the child's community ties, including church,
25 school, and friends;
26 (g) the child's need for permanence which includes the

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1 child's need for stability and continuity of relationships
2 with parent figures and with siblings and other relatives;
3 (h) the uniqueness of every family and child;
4 (i) the risks attendant to entering and being in
5 substitute care; and
6 (j) the preferences of the persons available to care
7 for the child.
8 (4.1) "Chronic truant" shall have the definition ascribed
9to it in Section 26-2a of the School Code.
10 (5) "Court" means the circuit court in a session or
11division assigned to hear proceedings under this Act.
12 (6) "Dispositional hearing" means a hearing to determine
13whether a minor should be adjudged to be a ward of the court,
14and to determine what order of disposition should be made in
15respect to a minor adjudged to be a ward of the court.
16 (7) "Emancipated minor" means any minor 16 years of age or
17over who has been completely or partially emancipated under the
18Emancipation of Minors Act or under this Act.
19 (7.05) "Foster parent" includes a relative caregiver
20selected by the Department of Children and Family Services to
21provide care for the minor.
22 (8) "Guardianship of the person" of a minor means the duty
23and authority to act in the best interests of the minor,
24subject to residual parental rights and responsibilities, to
25make important decisions in matters having a permanent effect
26on the life and development of the minor and to be concerned

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1with his or her general welfare. It includes but is not
2necessarily limited to:
3 (a) the authority to consent to marriage, to enlistment
4 in the armed forces of the United States, or to a major
5 medical, psychiatric, and surgical treatment; to represent
6 the minor in legal actions; and to make other decisions of
7 substantial legal significance concerning the minor;
8 (b) the authority and duty of reasonable visitation,
9 except to the extent that these have been limited in the
10 best interests of the minor by court order;
11 (c) the rights and responsibilities of legal custody
12 except where legal custody has been vested in another
13 person or agency; and
14 (d) the power to consent to the adoption of the minor,
15 but only if expressly conferred on the guardian in
16 accordance with Section 2-29, 3-30, or 4-27.
17 (9) "Legal custody" means the relationship created by an
18order of court in the best interests of the minor which imposes
19on the custodian the responsibility of physical possession of a
20minor and the duty to protect, train and discipline him and to
21provide him with food, shelter, education and ordinary medical
22care, except as these are limited by residual parental rights
23and responsibilities and the rights and responsibilities of the
24guardian of the person, if any.
25 (9.1) "Mentally capable adult relative" means a person 21
26years of age or older who is not suffering from a mental

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1illness that prevents him or her from providing the care
2necessary to safeguard the physical safety and welfare of a
3minor who is left in that person's care by the parent or
4parents or other person responsible for the minor's welfare.
5 (10) "Minor" means a person under the age of 21 years
6subject to this Act.
7 (11) "Parent" means a father or mother of a child and
8includes any adoptive parent. It also includes a person (i)
9whose parentage is presumed or has been established under the
10law of this or another jurisdiction or (ii) who has registered
11with the Putative Father Registry in accordance with Section
1212.1 of the Adoption Act and whose paternity has not been ruled
13out under the law of this or another jurisdiction. It does not
14include a parent whose rights in respect to the minor have been
15terminated in any manner provided by law. It does not include a
16person who has been or could be determined to be a parent under
17the Illinois Parentage Act of 1984 or the Illinois Parentage
18Act of 2015, or similar parentage law in any other state, if
19that person has been convicted of or pled nolo contendere to a
20crime that resulted in the conception of the child under
21Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
2212-14.1, subsection (a) or (b) (but not subsection (c)) of
23Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
24(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
25Criminal Code of 1961 or the Criminal Code of 2012, or similar
26statute in another jurisdiction unless upon motion of any

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1party, other than the offender, to the juvenile court
2proceedings the court finds it is in the child's best interest
3to deem the offender a parent for purposes of the juvenile
4court proceedings.
5 (11.1) "Permanency goal" means a goal set by the court as
6defined in subdivision (2) of Section 2-28.
7 (11.2) "Permanency hearing" means a hearing to set the
8permanency goal and to review and determine (i) the
9appropriateness of the services contained in the plan and
10whether those services have been provided, (ii) whether
11reasonable efforts have been made by all the parties to the
12service plan to achieve the goal, and (iii) whether the plan
13and goal have been achieved.
14 (12) "Petition" means the petition provided for in Section
152-13, 3-15, 4-12 or 5-520, including any supplemental petitions
16thereunder in Section 3-15, 4-12 or 5-520.
17 (12.1) "Physically capable adult relative" means a person
1821 years of age or older who does not have a severe physical
19disability or medical condition, or is not suffering from
20alcoholism or drug addiction, that prevents him or her from
21providing the care necessary to safeguard the physical safety
22and welfare of a minor who is left in that person's care by the
23parent or parents or other person responsible for the minor's
24welfare.
25 (12.2) "Post Permanency Sibling Contact Agreement" has the
26meaning ascribed to the term in Section 7.4 of the Children and

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1Family Services Act.
2 (12.3) "Residential treatment center" means a licensed
3setting that provides 24 hour care to children in a group home
4or institution, including a facility licensed as a child care
5institution under Section 2.06 of the Child Care Act, a
6licensed group home under Section 2.16 of the Child Care Act, a
7secure child care facility as defined in paragraph (18) of this
8Section, or any similar facility in another state. Residential
9treatment center does not include a relative foster home or a
10licensed foster family home.
11 (13) "Residual parental rights and responsibilities" means
12those rights and responsibilities remaining with the parent
13after the transfer of legal custody or guardianship of the
14person, including, but not necessarily limited to, the right to
15reasonable visitation (which may be limited by the court in the
16best interests of the minor as provided in subsection (8)(b) of
17this Section), the right to consent to adoption, the right to
18determine the minor's religious affiliation, and the
19responsibility for his support.
20 (14) "Shelter" means the temporary care of a minor in
21physically unrestricting facilities pending court disposition
22or execution of court order for placement.
23 (14.1) "Sibling Contact Support Plan" has the meaning
24ascribed to the term in Section 7.4 of the Children and Family
25Services Act.
26 (15) "Station adjustment" means the informal handling of an

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1alleged offender by a juvenile police officer.
2 (16) "Ward of the court" means a minor who is so adjudged
3under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
4requisite jurisdictional facts, and thus is subject to the
5dispositional powers of the court under this Act.
6 (17) "Juvenile police officer" means a sworn police officer
7who has completed a Basic Recruit Training Course, has been
8assigned to the position of juvenile police officer by his or
9her chief law enforcement officer and has completed the
10necessary juvenile officers training as prescribed by the
11Illinois Law Enforcement Training Standards Board, or in the
12case of a State police officer, juvenile officer training
13approved by the Director of the Department of State Police.
14 (18) "Secure child care facility" means any child care
15facility licensed by the Department of Children and Family
16Services to provide secure living arrangements for children
17under 18 years of age who are subject to placement in
18facilities under the Children and Family Services Act and who
19are not subject to placement in facilities for whom standards
20are established by the Department of Corrections under Section
213-15-2 of the Unified Code of Corrections. "Secure child care
22facility" also means a facility that is designed and operated
23to ensure that all entrances and exits from the facility, a
24building, or a distinct part of the building are under the
25exclusive control of the staff of the facility, whether or not
26the child has the freedom of movement within the perimeter of

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1the facility, building, or distinct part of the building.
2(Source: P.A. 98-249, eff. 1-1-14; 99-85, eff. 1-1-16.)
3 (705 ILCS 405/2-27.2 new)
4 Sec. 2-27.2. Placement; out-of-state residential treatment
5center.
6 (a) In addition to the provisions of subsection (3) of
7Section 2-27 of this Act, no placement by any probation officer
8or agency whose representative is an appointed guardian of the
9person or legal custodian of the minor may be made in an
10out-of-state residential treatment center unless the court has
11determined that the out-of-state residential placement is in
12the best interest and is the least restrictive, most
13family-like setting for the minor. The Department's
14application to the court to place a minor in an out-of-state
15residential treatment center shall include:
16 (1) an explanation of what in State resources, if any,
17 were considered for the minor and why the minor cannot be
18 placed in a residential treatment center or other placement
19 in this State;
20 (2) an explanation as to how the out-of-state
21 residential treatment center will impact the minor's
22 relationships with family and other individuals important
23 to the minor in and what steps the Department will take to
24 preserve those relationships;
25 (3) an explanation as to how the Department will ensure

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1 the safety and well-being of the minor in the out-of-state
2 residential treatment center; and
3 (4) an explanation as to why it is in the minor's best
4 interest to be placed in an out-of-state residential
5 treatment center, including a description of the minor's
6 treatment needs and how those needs will be met in the
7 proposed placement.
8 (b) If the out-of-state residential treatment center is a
9secure facility as defined in paragraph (18) of Section 1-3 of
10this Act, the requirements of Section 27.1 of this Act shall
11also be met prior to the minor's placement in the out-of-state
12residential treatment center.
13 (c) This Section does not apply to an out-of-state
14placement of a minor in a family foster home, relative foster
15home, a home of a parent, or a dormitory or independent living
16setting of a minor attending a post-secondary educational
17institution.
18 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
19 Sec. 2-28. Court review.
20 (1) The court may require any legal custodian or guardian
21of the person appointed under this Act to report periodically
22to the court or may cite him into court and require him or his
23agency, to make a full and accurate report of his or its doings
24in behalf of the minor. The custodian or guardian, within 10
25days after such citation, shall make the report, either in

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

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

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

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

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

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

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

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

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

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

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

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

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

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1account in determining whether the minor can be cared for at
2home without endangering his or her health or safety and
3fitness of the parent, guardian, or legal custodian.
4 (a) Any agency of this State or any subdivision thereof
5 shall co-operate with the agent of the court in providing
6 any information sought in the investigation.
7 (b) The information derived from the investigation and
8 any conclusions or recommendations derived from the
9 information shall be provided to the parent, guardian, or
10 legal custodian seeking restoration of custody prior to the
11 hearing on fitness and the movant shall have an opportunity
12 at the hearing to refute the information or contest its
13 significance.
14 (c) All information obtained from any investigation
15 shall be confidential as provided in Section 5-150 of this
16 Act.
17(Source: P.A. 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12;
1898-756, eff. 7-16-14.)
19 Section 99. Effective date. This Act takes effect upon
20becoming law.
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