Bill Text: IL HB3169 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Children and Family Services Act by defining "youth in care" as persons placed in the temporary custody or guardianship of the Department of Children and Family Services pursuant to the Juvenile Court Act of 1987. Amends various Acts by changing certain references to children who are wards of the Department of Children and Family Services or wards of the State to references to youth in care. Also changes terminology relating to children in the guardianship or custody of the Department of Children and Family Services. Makes other changes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2017-06-23 - Sent to the Governor [HB3169 Detail]

Download: Illinois-2017-HB3169-Enrolled.html



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1 AN ACT concerning children.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Identity Protection Act is amended by
5changing Section 10 as follows:
6 (5 ILCS 179/10)
7 Sec. 10. Prohibited Activities.
8 (a) Beginning July 1, 2010, no person or State or local
9government agency may do any of the following:
10 (1) Publicly post or publicly display in any manner an
11 individual's social security number.
12 (2) Print an individual's social security number on any
13 card required for the individual to access products or
14 services provided by the person or entity.
15 (3) Require an individual to transmit his or her social
16 security number over the Internet, unless the connection is
17 secure or the social security number is encrypted.
18 (4) Print an individual's social security number on any
19 materials that are mailed to the individual, through the
20 U.S. Postal Service, any private mail service, electronic
21 mail, or any similar method of delivery, unless State or
22 federal law requires the social security number to be on
23 the document to be mailed. Notwithstanding any provision in

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1 this Section to the contrary, social security numbers may
2 be included in applications and forms sent by mail,
3 including, but not limited to, any material mailed in
4 connection with the administration of the Unemployment
5 Insurance Act, any material mailed in connection with any
6 tax administered by the Department of Revenue, and
7 documents sent as part of an application or enrollment
8 process or to establish, amend, or terminate an account,
9 contract, or policy or to confirm the accuracy of the
10 social security number. A social security number that may
11 permissibly be mailed under this Section may not be
12 printed, in whole or in part, on a postcard or other mailer
13 that does not require an envelope or be visible on an
14 envelope without the envelope having been opened.
15 (b) Except as otherwise provided in this Act, beginning
16July 1, 2010, no person or State or local government agency may
17do any of the following:
18 (1) Collect, use, or disclose a social security number
19 from an individual, unless (i) required to do so under
20 State or federal law, rules, or regulations, or the
21 collection, use, or disclosure of the social security
22 number is otherwise necessary for the performance of that
23 agency's duties and responsibilities; (ii) the need and
24 purpose for the social security number is documented before
25 collection of the social security number; and (iii) the
26 social security number collected is relevant to the

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1 documented need and purpose.
2 (2) Require an individual to use his or her social
3 security number to access an Internet website.
4 (3) Use the social security number for any purpose
5 other than the purpose for which it was collected.
6 (c) The prohibitions in subsection (b) do not apply in the
7following circumstances:
8 (1) The disclosure of social security numbers to
9 agents, employees, contractors, or subcontractors of a
10 governmental entity or disclosure by a governmental entity
11 to another governmental entity or its agents, employees,
12 contractors, or subcontractors if disclosure is necessary
13 in order for the entity to perform its duties and
14 responsibilities; and, if disclosing to a contractor or
15 subcontractor, prior to such disclosure, the governmental
16 entity must first receive from the contractor or
17 subcontractor a copy of the contractor's or
18 subcontractor's policy that sets forth how the
19 requirements imposed under this Act on a governmental
20 entity to protect an individual's social security number
21 will be achieved.
22 (2) The disclosure of social security numbers pursuant
23 to a court order, warrant, or subpoena.
24 (3) The collection, use, or disclosure of social
25 security numbers in order to ensure the safety of: State
26 and local government employees; persons committed to

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1 correctional facilities, local jails, and other
2 law-enforcement facilities or retention centers; wards of
3 the State; youth in care as defined in Section 4d of the
4 Children and Family Services Act, and all persons working
5 in or visiting a State or local government agency facility.
6 (4) The collection, use, or disclosure of social
7 security numbers for internal verification or
8 administrative purposes.
9 (5) The disclosure of social security numbers by a
10 State agency to any entity for the collection of delinquent
11 child support or of any State debt or to a governmental
12 agency to assist with an investigation or the prevention of
13 fraud.
14 (6) The collection or use of social security numbers to
15 investigate or prevent fraud, to conduct background
16 checks, to collect a debt, to obtain a credit report from a
17 consumer reporting agency under the federal Fair Credit
18 Reporting Act, to undertake any permissible purpose that is
19 enumerated under the federal Gramm-Leach-Bliley Act, or to
20 locate a missing person, a lost relative, or a person who
21 is due a benefit, such as a pension benefit or an unclaimed
22 property benefit.
23 (d) If any State or local government agency has adopted
24standards for the collection, use, or disclosure of social
25security numbers that are stricter than the standards under
26this Act with respect to the protection of those social

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1security numbers, then, in the event of any conflict with the
2provisions of this Act, the stricter standards adopted by the
3State or local government agency shall control.
4(Source: P.A. 96-874, eff. 6-1-10; 97-333, eff. 8-12-11.)
5 Section 10. The State Employee Indemnification Act is
6amended by changing Section 1 as follows:
7 (5 ILCS 350/1) (from Ch. 127, par. 1301)
8 Sec. 1. Definitions. For the purpose of this Act:
9 (a) The term "State" means the State of Illinois, the
10General Assembly, the court, or any State office, department,
11division, bureau, board, commission, or committee, the
12governing boards of the public institutions of higher education
13created by the State, the Illinois National Guard, the
14Comprehensive Health Insurance Board, any poison control
15center designated under the Poison Control System Act that
16receives State funding, or any other agency or instrumentality
17of the State. It does not mean any local public entity as that
18term is defined in Section 1-206 of the Local Governmental and
19Governmental Employees Tort Immunity Act or a pension fund.
20 (b) The term "employee" means: any present or former
21elected or appointed officer, trustee or employee of the State,
22or of a pension fund; any present or former commissioner or
23employee of the Executive Ethics Commission or of the
24Legislative Ethics Commission; any present or former

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1Executive, Legislative, or Auditor General's Inspector
2General; any present or former employee of an Office of an
3Executive, Legislative, or Auditor General's Inspector
4General; any present or former member of the Illinois National
5Guard while on active duty; individuals or organizations who
6contract with the Department of Corrections, the Department of
7Juvenile Justice, the Comprehensive Health Insurance Board, or
8the Department of Veterans' Affairs to provide services;
9individuals or organizations who contract with the Department
10of Human Services (as successor to the Department of Mental
11Health and Developmental Disabilities) to provide services
12including but not limited to treatment and other services for
13sexually violent persons; individuals or organizations who
14contract with the Department of Military Affairs for youth
15programs; individuals or organizations who contract to perform
16carnival and amusement ride safety inspections for the
17Department of Labor; individuals who contract with the Office
18of the State's Attorneys Appellate Prosecutor to provide legal
19services, but only when performing duties within the scope of
20the Office's prosecutorial activities; individual
21representatives of or designated organizations authorized to
22represent the Office of State Long-Term Ombudsman for the
23Department on Aging; individual representatives of or
24organizations designated by the Department on Aging in the
25performance of their duties as adult protective services
26agencies or regional administrative agencies under the Adult

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1Protective Services Act; individuals or organizations
2appointed as members of a review team or the Advisory Council
3under the Adult Protective Services Act; individuals or
4organizations who perform volunteer services for the State
5where such volunteer relationship is reduced to writing;
6individuals who serve on any public entity (whether created by
7law or administrative action) described in paragraph (a) of
8this Section; individuals or not for profit organizations who,
9either as volunteers, where such volunteer relationship is
10reduced to writing, or pursuant to contract, furnish
11professional advice or consultation to any agency or
12instrumentality of the State; individuals who serve as foster
13parents for the Department of Children and Family Services when
14caring for youth in care as defined in Section 4d of the
15Children and Family Services Act a Department ward; individuals
16who serve as members of an independent team of experts under
17Brian's Law; and individuals who serve as arbitrators pursuant
18to Part 10A of Article II of the Code of Civil Procedure and
19the rules of the Supreme Court implementing Part 10A, each as
20now or hereafter amended; the term "employee" does not mean an
21independent contractor except as provided in this Section. The
22term includes an individual appointed as an inspector by the
23Director of State Police when performing duties within the
24scope of the activities of a Metropolitan Enforcement Group or
25a law enforcement organization established under the
26Intergovernmental Cooperation Act. An individual who renders

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1professional advice and consultation to the State through an
2organization which qualifies as an "employee" under the Act is
3also an employee. The term includes the estate or personal
4representative of an employee.
5 (c) The term "pension fund" means a retirement system or
6pension fund created under the Illinois Pension Code.
7(Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; 98-732,
8eff. 7-16-14; 98-756, eff. 7-16-14.)
9 Section 15. The Civil Administrative Code of Illinois is
10amended by changing Section 5-535 as follows:
11 (20 ILCS 5/5-535) (was 20 ILCS 5/6.15)
12 Sec. 5-535. In the Department of Children and Family
13Services. A Children and Family Services Advisory Council of 21
14members shall be appointed by the Governor. The Department of
15Children and Family Services may involve the participation of
16additional persons with specialized expertise to assist the
17Council in specified tasks. The Council shall advise the
18Department with respect to services and programs for
19individuals under the Department of Children and Family
20Services' care, which may include, but is not limited to:
21 (1) reviewing the Department of Children and Family
22 Services' monitoring process for child care facilities and
23 child care institutions, as defined in Sections 2.05 and
24 2.06 of the Child Care Act of 1969;

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1 (2) reviewing monitoring standards to address the
2 quality of life for youth in Department of Children and
3 Family Services' licensed child care facilities;
4 (3) assisting and making recommendations to establish
5 standards for monitoring the safety and well-being of youth
6 placed in Department of Children and Family Services'
7 licensed child care facilities and overseeing the
8 implementation of its recommendations;
9 (4) identifying areas of improvement in the quality of
10 investigations of allegations of child abuse or neglect in
11 Department of Children and Family Services' licensed child
12 care facilities and institutions and transitional living
13 programs;
14 (5) reviewing indicated and unfounded reports selected
15 at random or requested by the Council;
16 (6) reviewing a random sample of comprehensive call
17 data reports on (i) calls made to the Department of
18 Children and Family Services' statewide toll-free
19 telephone number established under Section 9.1a of the
20 Child Care Act of 1969 and (ii) calls made to the central
21 register established under Section 7.7 of the Abused and
22 Neglected Child Reporting Act through the State-wide,
23 toll-free telephone number established under Section 7.6
24 of the Abused and Neglected Child Reporting Act, including
25 those where investigations were not initiated; and
26 (7) preparing and providing recommendations that

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1 identify areas of needed improvement regarding the
2 investigation of allegations of abuse and neglect to
3 children in Department of Children and Family Services'
4 licensed child care facilities and institutions and
5 transitional living programs, as well as needed changes to
6 existing laws, rules, and procedures of the Department of
7 Children and Family Services, and overseeing
8 implementation of its recommendations.
9 The Council's initial recommendations shall be filed with
10the General Assembly and made available to the public no later
11than March 1, 2017.
12 The Department of Children and Family Services shall
13provide, upon request, all records and information in the
14Department of Children and Family Services' possession
15relevant to the Advisory Council's review. All documents, in
16compliance with applicable privacy laws and redacted where
17appropriate, concerning reports and investigations of child
18abuse and neglect made available to members of the Advisory
19Council and all records generated as a result of the reports
20shall be confidential and shall not be disclosed, except as
21specifically authorized by applicable law. It is a Class A
22misdemeanor to permit, assist, or encourage the unauthorized
23release of any information contained in reports or records and
24these reports or records are not subject to the Freedom of
25Information Act.
26 In appointing the first Council, 8 members shall be named

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1to serve 2 years, and 8 members named to serve 4 years. The
2member first appointed under Public Act 83-1538 shall serve for
3a term of 4 years. All members appointed thereafter shall be
4appointed for terms of 4 years. Beginning July 1, 2015, the
5Advisory Council shall include as appointed members at least
6one youth from each of the Department of Children and Family
7Services' regional youth advisory boards established pursuant
8to Section 5 of the Department of Children and Family Services
9Statewide Youth Advisory Board Act and at least 2 adult former
10youth in care as defined in Section 4d of the Children and
11Family Services Act wards of the Department of Children and
12Family Services. At its first meeting the Council shall select
13a chairperson from among its members and appoint a committee to
14draft rules of procedure.
15(Source: P.A. 99-346, eff. 1-1-16.)
16 Section 20. The Children and Family Services Act is amended
17by changing Sections 5, 5a, 6b, 7.5, 34.11, 35.1, and 39.3 and
18by adding Section 4d as follows:
19 (20 ILCS 505/4d new)
20 Sec. 4d. Definition. As used in this Act:
21 "Youth in care" means persons placed in the temporary
22custody or guardianship of the Department pursuant to the
23Juvenile Court Act of 1987.

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1 (20 ILCS 505/5) (from Ch. 23, par. 5005)
2 Sec. 5. Direct child welfare services; Department of
3Children and Family Services. To provide direct child welfare
4services when not available through other public or private
5child care or program facilities.
6 (a) For purposes of this Section:
7 (1) "Children" means persons found within the State who
8 are under the age of 18 years. The term also includes
9 persons under age 21 who:
10 (A) were committed to the Department pursuant to
11 the Juvenile Court Act or the Juvenile Court Act of
12 1987, as amended, prior to the age of 18 and who
13 continue under the jurisdiction of the court; or
14 (B) were accepted for care, service and training by
15 the Department prior to the age of 18 and whose best
16 interest in the discretion of the Department would be
17 served by continuing that care, service and training
18 because of severe emotional disturbances, physical
19 disability, social adjustment or any combination
20 thereof, or because of the need to complete an
21 educational or vocational training program.
22 (2) "Homeless youth" means persons found within the
23 State who are under the age of 19, are not in a safe and
24 stable living situation and cannot be reunited with their
25 families.
26 (3) "Child welfare services" means public social

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1 services which are directed toward the accomplishment of
2 the following purposes:
3 (A) protecting and promoting the health, safety
4 and welfare of children, including homeless, dependent
5 or neglected children;
6 (B) remedying, or assisting in the solution of
7 problems which may result in, the neglect, abuse,
8 exploitation or delinquency of children;
9 (C) preventing the unnecessary separation of
10 children from their families by identifying family
11 problems, assisting families in resolving their
12 problems, and preventing the breakup of the family
13 where the prevention of child removal is desirable and
14 possible when the child can be cared for at home
15 without endangering the child's health and safety;
16 (D) restoring to their families children who have
17 been removed, by the provision of services to the child
18 and the families when the child can be cared for at
19 home without endangering the child's health and
20 safety;
21 (E) placing children in suitable adoptive homes,
22 in cases where restoration to the biological family is
23 not safe, possible or appropriate;
24 (F) assuring safe and adequate care of children
25 away from their homes, in cases where the child cannot
26 be returned home or cannot be placed for adoption. At

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1 the time of placement, the Department shall consider
2 concurrent planning, as described in subsection (l-1)
3 of this Section so that permanency may occur at the
4 earliest opportunity. Consideration should be given so
5 that if reunification fails or is delayed, the
6 placement made is the best available placement to
7 provide permanency for the child;
8 (G) (blank);
9 (H) (blank); and
10 (I) placing and maintaining children in facilities
11 that provide separate living quarters for children
12 under the age of 18 and for children 18 years of age
13 and older, unless a child 18 years of age is in the
14 last year of high school education or vocational
15 training, in an approved individual or group treatment
16 program, in a licensed shelter facility, or secure
17 child care facility. The Department is not required to
18 place or maintain children:
19 (i) who are in a foster home, or
20 (ii) who are persons with a developmental
21 disability, as defined in the Mental Health and
22 Developmental Disabilities Code, or
23 (iii) who are female children who are
24 pregnant, pregnant and parenting or parenting, or
25 (iv) who are siblings, in facilities that
26 provide separate living quarters for children 18

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1 years of age and older and for children under 18
2 years of age.
3 (b) Nothing in this Section shall be construed to authorize
4the expenditure of public funds for the purpose of performing
5abortions.
6 (c) The Department shall establish and maintain
7tax-supported child welfare services and extend and seek to
8improve voluntary services throughout the State, to the end
9that services and care shall be available on an equal basis
10throughout the State to children requiring such services.
11 (d) The Director may authorize advance disbursements for
12any new program initiative to any agency contracting with the
13Department. As a prerequisite for an advance disbursement, the
14contractor must post a surety bond in the amount of the advance
15disbursement and have a purchase of service contract approved
16by the Department. The Department may pay up to 2 months
17operational expenses in advance. The amount of the advance
18disbursement shall be prorated over the life of the contract or
19the remaining months of the fiscal year, whichever is less, and
20the installment amount shall then be deducted from future
21bills. Advance disbursement authorizations for new initiatives
22shall not be made to any agency after that agency has operated
23during 2 consecutive fiscal years. The requirements of this
24Section concerning advance disbursements shall not apply with
25respect to the following: payments to local public agencies for
26child day care services as authorized by Section 5a of this

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1Act; and youth service programs receiving grant funds under
2Section 17a-4.
3 (e) (Blank).
4 (f) (Blank).
5 (g) The Department shall establish rules and regulations
6concerning its operation of programs designed to meet the goals
7of child safety and protection, family preservation, family
8reunification, and adoption, including but not limited to:
9 (1) adoption;
10 (2) foster care;
11 (3) family counseling;
12 (4) protective services;
13 (5) (blank);
14 (6) homemaker service;
15 (7) return of runaway children;
16 (8) (blank);
17 (9) placement under Section 5-7 of the Juvenile Court
18 Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
19 Court Act of 1987 in accordance with the federal Adoption
20 Assistance and Child Welfare Act of 1980; and
21 (10) interstate services.
22 Rules and regulations established by the Department shall
23include provisions for training Department staff and the staff
24of Department grantees, through contracts with other agencies
25or resources, in alcohol and drug abuse screening techniques
26approved by the Department of Human Services, as a successor to

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1the Department of Alcoholism and Substance Abuse, for the
2purpose of identifying children and adults who should be
3referred to an alcohol and drug abuse treatment program for
4professional evaluation.
5 (h) If the Department finds that there is no appropriate
6program or facility within or available to the Department for a
7youth in care ward and that no licensed private facility has an
8adequate and appropriate program or none agrees to accept the
9youth in care ward, the Department shall create an appropriate
10individualized, program-oriented plan for such youth in care
11ward. The plan may be developed within the Department or
12through purchase of services by the Department to the extent
13that it is within its statutory authority to do.
14 (i) Service programs shall be available throughout the
15State and shall include but not be limited to the following
16services:
17 (1) case management;
18 (2) homemakers;
19 (3) counseling;
20 (4) parent education;
21 (5) day care; and
22 (6) emergency assistance and advocacy.
23 In addition, the following services may be made available
24to assess and meet the needs of children and families:
25 (1) comprehensive family-based services;
26 (2) assessments;

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1 (3) respite care; and
2 (4) in-home health services.
3 The Department shall provide transportation for any of the
4services it makes available to children or families or for
5which it refers children or families.
6 (j) The Department may provide categories of financial
7assistance and education assistance grants, and shall
8establish rules and regulations concerning the assistance and
9grants, to persons who adopt children with physical or mental
10disabilities, children who are older, or other hard-to-place
11children who (i) immediately prior to their adoption were youth
12in care legal wards of the Department or (ii) were determined
13eligible for financial assistance with respect to a prior
14adoption and who become available for adoption because the
15prior adoption has been dissolved and the parental rights of
16the adoptive parents have been terminated or because the
17child's adoptive parents have died. The Department may continue
18to provide financial assistance and education assistance
19grants for a child who was determined eligible for financial
20assistance under this subsection (j) in the interim period
21beginning when the child's adoptive parents died and ending
22with the finalization of the new adoption of the child by
23another adoptive parent or parents. The Department may also
24provide categories of financial assistance and education
25assistance grants, and shall establish rules and regulations
26for the assistance and grants, to persons appointed guardian of

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1the person under Section 5-7 of the Juvenile Court Act or
2Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile Court Act of
31987 for children who were youth in care wards of the
4Department for 12 months immediately prior to the appointment
5of the guardian.
6 The amount of assistance may vary, depending upon the needs
7of the child and the adoptive parents, as set forth in the
8annual assistance agreement. Special purpose grants are
9allowed where the child requires special service but such costs
10may not exceed the amounts which similar services would cost
11the Department if it were to provide or secure them as guardian
12of the child.
13 Any financial assistance provided under this subsection is
14inalienable by assignment, sale, execution, attachment,
15garnishment, or any other remedy for recovery or collection of
16a judgment or debt.
17 (j-5) The Department shall not deny or delay the placement
18of a child for adoption if an approved family is available
19either outside of the Department region handling the case, or
20outside of the State of Illinois.
21 (k) The Department shall accept for care and training any
22child who has been adjudicated neglected or abused, or
23dependent committed to it pursuant to the Juvenile Court Act or
24the Juvenile Court Act of 1987.
25 (l) The Department shall offer family preservation
26services, as defined in Section 8.2 of the Abused and Neglected

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1Child Reporting Act, to help families, including adoptive and
2extended families. Family preservation services shall be
3offered (i) to prevent the placement of children in substitute
4care when the children can be cared for at home or in the
5custody of the person responsible for the children's welfare,
6(ii) to reunite children with their families, or (iii) to
7maintain an adoptive placement. Family preservation services
8shall only be offered when doing so will not endanger the
9children's health or safety. With respect to children who are
10in substitute care pursuant to the Juvenile Court Act of 1987,
11family preservation services shall not be offered if a goal
12other than those of subdivisions (A), (B), or (B-1) of
13subsection (2) of Section 2-28 of that Act has been set.
14Nothing in this paragraph shall be construed to create a
15private right of action or claim on the part of any individual
16or child welfare agency, except that when a child is the
17subject of an action under Article II of the Juvenile Court Act
18of 1987 and the child's service plan calls for services to
19facilitate achievement of the permanency goal, the court
20hearing the action under Article II of the Juvenile Court Act
21of 1987 may order the Department to provide the services set
22out in the plan, if those services are not provided with
23reasonable promptness and if those services are available.
24 The Department shall notify the child and his family of the
25Department's responsibility to offer and provide family
26preservation services as identified in the service plan. The

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1child and his family shall be eligible for services as soon as
2the report is determined to be "indicated". The Department may
3offer services to any child or family with respect to whom a
4report of suspected child abuse or neglect has been filed,
5prior to concluding its investigation under Section 7.12 of the
6Abused and Neglected Child Reporting Act. However, the child's
7or family's willingness to accept services shall not be
8considered in the investigation. The Department may also
9provide services to any child or family who is the subject of
10any report of suspected child abuse or neglect or may refer
11such child or family to services available from other agencies
12in the community, even if the report is determined to be
13unfounded, if the conditions in the child's or family's home
14are reasonably likely to subject the child or family to future
15reports of suspected child abuse or neglect. Acceptance of such
16services shall be voluntary. The Department may also provide
17services to any child or family after completion of a family
18assessment, as an alternative to an investigation, as provided
19under the "differential response program" provided for in
20subsection (a-5) of Section 7.4 of the Abused and Neglected
21Child Reporting Act.
22 The Department may, at its discretion except for those
23children also adjudicated neglected or dependent, accept for
24care and training any child who has been adjudicated addicted,
25as a truant minor in need of supervision or as a minor
26requiring authoritative intervention, under the Juvenile Court

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1Act or the Juvenile Court Act of 1987, but no such child shall
2be committed to the Department by any court without the
3approval of the Department. On and after the effective date of
4this amendatory Act of the 98th General Assembly and before
5January 1, 2017, a minor charged with a criminal offense under
6the Criminal Code of 1961 or the Criminal Code of 2012 or
7adjudicated delinquent shall not be placed in the custody of or
8committed to the Department by any court, except (i) a minor
9less than 16 years of age committed to the Department under
10Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
11for whom an independent basis of abuse, neglect, or dependency
12exists, which must be defined by departmental rule, or (iii) a
13minor for whom the court has granted a supplemental petition to
14reinstate wardship pursuant to subsection (2) of Section 2-33
15of the Juvenile Court Act of 1987. On and after January 1,
162017, a minor charged with a criminal offense under the
17Criminal Code of 1961 or the Criminal Code of 2012 or
18adjudicated delinquent shall not be placed in the custody of or
19committed to the Department by any court, except (i) a minor
20less than 15 years of age committed to the Department under
21Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
22for whom an independent basis of abuse, neglect, or dependency
23exists, which must be defined by departmental rule, or (iii) a
24minor for whom the court has granted a supplemental petition to
25reinstate wardship pursuant to subsection (2) of Section 2-33
26of the Juvenile Court Act of 1987. An independent basis exists

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1when the allegations or adjudication of abuse, neglect, or
2dependency do not arise from the same facts, incident, or
3circumstances which give rise to a charge or adjudication of
4delinquency.
5 As soon as is possible after August 7, 2009 (the effective
6date of Public Act 96-134), the Department shall develop and
7implement a special program of family preservation services to
8support intact, foster, and adoptive families who are
9experiencing extreme hardships due to the difficulty and stress
10of caring for a child who has been diagnosed with a pervasive
11developmental disorder if the Department determines that those
12services are necessary to ensure the health and safety of the
13child. The Department may offer services to any family whether
14or not a report has been filed under the Abused and Neglected
15Child Reporting Act. The Department may refer the child or
16family to services available from other agencies in the
17community if the conditions in the child's or family's home are
18reasonably likely to subject the child or family to future
19reports of suspected child abuse or neglect. Acceptance of
20these services shall be voluntary. The Department shall develop
21and implement a public information campaign to alert health and
22social service providers and the general public about these
23special family preservation services. The nature and scope of
24the services offered and the number of families served under
25the special program implemented under this paragraph shall be
26determined by the level of funding that the Department annually

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1allocates for this purpose. The term "pervasive developmental
2disorder" under this paragraph means a neurological condition,
3including but not limited to, Asperger's Syndrome and autism,
4as defined in the most recent edition of the Diagnostic and
5Statistical Manual of Mental Disorders of the American
6Psychiatric Association.
7 (l-1) The legislature recognizes that the best interests of
8the child require that the child be placed in the most
9permanent living arrangement as soon as is practically
10possible. To achieve this goal, the legislature directs the
11Department of Children and Family Services to conduct
12concurrent planning so that permanency may occur at the
13earliest opportunity. Permanent living arrangements may
14include prevention of placement of a child outside the home of
15the family when the child can be cared for at home without
16endangering the child's health or safety; reunification with
17the family, when safe and appropriate, if temporary placement
18is necessary; or movement of the child toward the most
19permanent living arrangement and permanent legal status.
20 When determining reasonable efforts to be made with respect
21to a child, as described in this subsection, and in making such
22reasonable efforts, the child's health and safety shall be the
23paramount concern.
24 When a child is placed in foster care, the Department shall
25ensure and document that reasonable efforts were made to
26prevent or eliminate the need to remove the child from the

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1child's home. The Department must make reasonable efforts to
2reunify the family when temporary placement of the child occurs
3unless otherwise required, pursuant to the Juvenile Court Act
4of 1987. At any time after the dispositional hearing where the
5Department believes that further reunification services would
6be ineffective, it may request a finding from the court that
7reasonable efforts are no longer appropriate. The Department is
8not required to provide further reunification services after
9such a finding.
10 A decision to place a child in substitute care shall be
11made with considerations of the child's health, safety, and
12best interests. At the time of placement, consideration should
13also be given so that if reunification fails or is delayed, the
14placement made is the best available placement to provide
15permanency for the child.
16 The Department shall adopt rules addressing concurrent
17planning for reunification and permanency. The Department
18shall consider the following factors when determining
19appropriateness of concurrent planning:
20 (1) the likelihood of prompt reunification;
21 (2) the past history of the family;
22 (3) the barriers to reunification being addressed by
23 the family;
24 (4) the level of cooperation of the family;
25 (5) the foster parents' willingness to work with the
26 family to reunite;

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1 (6) the willingness and ability of the foster family to
2 provide an adoptive home or long-term placement;
3 (7) the age of the child;
4 (8) placement of siblings.
5 (m) The Department may assume temporary custody of any
6child if:
7 (1) it has received a written consent to such temporary
8 custody signed by the parents of the child or by the parent
9 having custody of the child if the parents are not living
10 together or by the guardian or custodian of the child if
11 the child is not in the custody of either parent, or
12 (2) the child is found in the State and neither a
13 parent, guardian nor custodian of the child can be located.
14If the child is found in his or her residence without a parent,
15guardian, custodian or responsible caretaker, the Department
16may, instead of removing the child and assuming temporary
17custody, place an authorized representative of the Department
18in that residence until such time as a parent, guardian or
19custodian enters the home and expresses a willingness and
20apparent ability to ensure the child's health and safety and
21resume permanent charge of the child, or until a relative
22enters the home and is willing and able to ensure the child's
23health and safety and assume charge of the child until a
24parent, guardian or custodian enters the home and expresses
25such willingness and ability to ensure the child's safety and
26resume permanent charge. After a caretaker has remained in the

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1home for a period not to exceed 12 hours, the Department must
2follow those procedures outlined in Section 2-9, 3-11, 4-8, or
35-415 of the Juvenile Court Act of 1987.
4 The Department shall have the authority, responsibilities
5and duties that a legal custodian of the child would have
6pursuant to subsection (9) of Section 1-3 of the Juvenile Court
7Act of 1987. Whenever a child is taken into temporary custody
8pursuant to an investigation under the Abused and Neglected
9Child Reporting Act, or pursuant to a referral and acceptance
10under the Juvenile Court Act of 1987 of a minor in limited
11custody, the Department, during the period of temporary custody
12and before the child is brought before a judicial officer as
13required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
14Court Act of 1987, shall have the authority, responsibilities
15and duties that a legal custodian of the child would have under
16subsection (9) of Section 1-3 of the Juvenile Court Act of
171987.
18 The Department shall ensure that any child taken into
19custody is scheduled for an appointment for a medical
20examination.
21 A parent, guardian or custodian of a child in the temporary
22custody of the Department who would have custody of the child
23if he were not in the temporary custody of the Department may
24deliver to the Department a signed request that the Department
25surrender the temporary custody of the child. The Department
26may retain temporary custody of the child for 10 days after the

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1receipt of the request, during which period the Department may
2cause to be filed a petition pursuant to the Juvenile Court Act
3of 1987. If a petition is so filed, the Department shall retain
4temporary custody of the child until the court orders
5otherwise. If a petition is not filed within the 10 day period,
6the child shall be surrendered to the custody of the requesting
7parent, guardian or custodian not later than the expiration of
8the 10 day period, at which time the authority and duties of
9the Department with respect to the temporary custody of the
10child shall terminate.
11 (m-1) The Department may place children under 18 years of
12age in a secure child care facility licensed by the Department
13that cares for children who are in need of secure living
14arrangements for their health, safety, and well-being after a
15determination is made by the facility director and the Director
16or the Director's designate prior to admission to the facility
17subject to Section 2-27.1 of the Juvenile Court Act of 1987.
18This subsection (m-1) does not apply to a child who is subject
19to placement in a correctional facility operated pursuant to
20Section 3-15-2 of the Unified Code of Corrections, unless the
21child is a youth in care ward who was placed in under the care
22of the Department before being subject to placement in a
23correctional facility and a court of competent jurisdiction has
24ordered placement of the child in a secure care facility.
25 (n) The Department may place children under 18 years of age
26in licensed child care facilities when in the opinion of the

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1Department, appropriate services aimed at family preservation
2have been unsuccessful and cannot ensure the child's health and
3safety or are unavailable and such placement would be for their
4best interest. Payment for board, clothing, care, training and
5supervision of any child placed in a licensed child care
6facility may be made by the Department, by the parents or
7guardians of the estates of those children, or by both the
8Department and the parents or guardians, except that no
9payments shall be made by the Department for any child placed
10in a licensed child care facility for board, clothing, care,
11training and supervision of such a child that exceed the
12average per capita cost of maintaining and of caring for a
13child in institutions for dependent or neglected children
14operated by the Department. However, such restriction on
15payments does not apply in cases where children require
16specialized care and treatment for problems of severe emotional
17disturbance, physical disability, social adjustment, or any
18combination thereof and suitable facilities for the placement
19of such children are not available at payment rates within the
20limitations set forth in this Section. All reimbursements for
21services delivered shall be absolutely inalienable by
22assignment, sale, attachment, garnishment or otherwise.
23 (n-1) The Department shall provide or authorize child
24welfare services, aimed at assisting minors to achieve
25sustainable self-sufficiency as independent adults, for any
26minor eligible for the reinstatement of wardship pursuant to

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1subsection (2) of Section 2-33 of the Juvenile Court Act of
21987, whether or not such reinstatement is sought or allowed,
3provided that the minor consents to such services and has not
4yet attained the age of 21. The Department shall have
5responsibility for the development and delivery of services
6under this Section. An eligible youth may access services under
7this Section through the Department of Children and Family
8Services or by referral from the Department of Human Services.
9Youth participating in services under this Section shall
10cooperate with the assigned case manager in developing an
11agreement identifying the services to be provided and how the
12youth will increase skills to achieve self-sufficiency. A
13homeless shelter is not considered appropriate housing for any
14youth receiving child welfare services under this Section. The
15Department shall continue child welfare services under this
16Section to any eligible minor until the minor becomes 21 years
17of age, no longer consents to participate, or achieves
18self-sufficiency as identified in the minor's service plan. The
19Department of Children and Family Services shall create clear,
20readable notice of the rights of former foster youth to child
21welfare services under this Section and how such services may
22be obtained. The Department of Children and Family Services and
23the Department of Human Services shall disseminate this
24information statewide. The Department shall adopt regulations
25describing services intended to assist minors in achieving
26sustainable self-sufficiency as independent adults.

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1 (o) The Department shall establish an administrative
2review and appeal process for children and families who request
3or receive child welfare services from the Department. Youth in
4care who Children who are wards of the Department and are
5placed by private child welfare agencies, and foster families
6with whom those youth children are placed, shall be afforded
7the same procedural and appeal rights as children and families
8in the case of placement by the Department, including the right
9to an initial review of a private agency decision by that
10agency. The Department shall ensure insure that any private
11child welfare agency, which accepts youth in care wards of the
12Department for placement, affords those rights to children and
13foster families. The Department shall accept for
14administrative review and an appeal hearing a complaint made by
15(i) a child or foster family concerning a decision following an
16initial review by a private child welfare agency or (ii) a
17prospective adoptive parent who alleges a violation of
18subsection (j-5) of this Section. An appeal of a decision
19concerning a change in the placement of a child shall be
20conducted in an expedited manner. A court determination that a
21current foster home placement is necessary and appropriate
22under Section 2-28 of the Juvenile Court Act of 1987 does not
23constitute a judicial determination on the merits of an
24administrative appeal, filed by a former foster parent,
25involving a change of placement decision.
26 (p) There is hereby created the Department of Children and

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1Family Services Emergency Assistance Fund from which the
2Department may provide special financial assistance to
3families which are in economic crisis when such assistance is
4not available through other public or private sources and the
5assistance is deemed necessary to prevent dissolution of the
6family unit or to reunite families which have been separated
7due to child abuse and neglect. The Department shall establish
8administrative rules specifying the criteria for determining
9eligibility for and the amount and nature of assistance to be
10provided. The Department may also enter into written agreements
11with private and public social service agencies to provide
12emergency financial services to families referred by the
13Department. Special financial assistance payments shall be
14available to a family no more than once during each fiscal year
15and the total payments to a family may not exceed $500 during a
16fiscal year.
17 (q) The Department may receive and use, in their entirety,
18for the benefit of children any gift, donation or bequest of
19money or other property which is received on behalf of such
20children, or any financial benefits to which such children are
21or may become entitled while under the jurisdiction or care of
22the Department.
23 The Department shall set up and administer no-cost,
24interest-bearing accounts in appropriate financial
25institutions for children for whom the Department is legally
26responsible and who have been determined eligible for Veterans'

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1Benefits, Social Security benefits, assistance allotments from
2the armed forces, court ordered payments, parental voluntary
3payments, Supplemental Security Income, Railroad Retirement
4payments, Black Lung benefits, or other miscellaneous
5payments. Interest earned by each account shall be credited to
6the account, unless disbursed in accordance with this
7subsection.
8 In disbursing funds from children's accounts, the
9Department shall:
10 (1) Establish standards in accordance with State and
11 federal laws for disbursing money from children's
12 accounts. In all circumstances, the Department's
13 "Guardianship Administrator" or his or her designee must
14 approve disbursements from children's accounts. The
15 Department shall be responsible for keeping complete
16 records of all disbursements for each account for any
17 purpose.
18 (2) Calculate on a monthly basis the amounts paid from
19 State funds for the child's board and care, medical care
20 not covered under Medicaid, and social services; and
21 utilize funds from the child's account, as covered by
22 regulation, to reimburse those costs. Monthly,
23 disbursements from all children's accounts, up to 1/12 of
24 $13,000,000, shall be deposited by the Department into the
25 General Revenue Fund and the balance over 1/12 of
26 $13,000,000 into the DCFS Children's Services Fund.

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1 (3) Maintain any balance remaining after reimbursing
2 for the child's costs of care, as specified in item (2).
3 The balance shall accumulate in accordance with relevant
4 State and federal laws and shall be disbursed to the child
5 or his or her guardian, or to the issuing agency.
6 (r) The Department shall promulgate regulations
7encouraging all adoption agencies to voluntarily forward to the
8Department or its agent names and addresses of all persons who
9have applied for and have been approved for adoption of a
10hard-to-place child or child with a disability and the names of
11such children who have not been placed for adoption. A list of
12such names and addresses shall be maintained by the Department
13or its agent, and coded lists which maintain the
14confidentiality of the person seeking to adopt the child and of
15the child shall be made available, without charge, to every
16adoption agency in the State to assist the agencies in placing
17such children for adoption. The Department may delegate to an
18agent its duty to maintain and make available such lists. The
19Department shall ensure that such agent maintains the
20confidentiality of the person seeking to adopt the child and of
21the child.
22 (s) The Department of Children and Family Services may
23establish and implement a program to reimburse Department and
24private child welfare agency foster parents licensed by the
25Department of Children and Family Services for damages
26sustained by the foster parents as a result of the malicious or

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1negligent acts of foster children, as well as providing third
2party coverage for such foster parents with regard to actions
3of foster children to other individuals. Such coverage will be
4secondary to the foster parent liability insurance policy, if
5applicable. The program shall be funded through appropriations
6from the General Revenue Fund, specifically designated for such
7purposes.
8 (t) The Department shall perform home studies and
9investigations and shall exercise supervision over visitation
10as ordered by a court pursuant to the Illinois Marriage and
11Dissolution of Marriage Act or the Adoption Act only if:
12 (1) an order entered by an Illinois court specifically
13 directs the Department to perform such services; and
14 (2) the court has ordered one or both of the parties to
15 the proceeding to reimburse the Department for its
16 reasonable costs for providing such services in accordance
17 with Department rules, or has determined that neither party
18 is financially able to pay.
19 The Department shall provide written notification to the
20court of the specific arrangements for supervised visitation
21and projected monthly costs within 60 days of the court order.
22The Department shall send to the court information related to
23the costs incurred except in cases where the court has
24determined the parties are financially unable to pay. The court
25may order additional periodic reports as appropriate.
26 (u) In addition to other information that must be provided,

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1whenever the Department places a child with a prospective
2adoptive parent or parents or in a licensed foster home, group
3home, child care institution, or in a relative home, the
4Department shall provide to the prospective adoptive parent or
5parents or other caretaker:
6 (1) available detailed information concerning the
7 child's educational and health history, copies of
8 immunization records (including insurance and medical card
9 information), a history of the child's previous
10 placements, if any, and reasons for placement changes
11 excluding any information that identifies or reveals the
12 location of any previous caretaker;
13 (2) a copy of the child's portion of the client service
14 plan, including any visitation arrangement, and all
15 amendments or revisions to it as related to the child; and
16 (3) information containing details of the child's
17 individualized educational plan when the child is
18 receiving special education services.
19 The caretaker shall be informed of any known social or
20behavioral information (including, but not limited to,
21criminal background, fire setting, perpetuation of sexual
22abuse, destructive behavior, and substance abuse) necessary to
23care for and safeguard the children to be placed or currently
24in the home. The Department may prepare a written summary of
25the information required by this paragraph, which may be
26provided to the foster or prospective adoptive parent in

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1advance of a placement. The foster or prospective adoptive
2parent may review the supporting documents in the child's file
3in the presence of casework staff. In the case of an emergency
4placement, casework staff shall at least provide known
5information verbally, if necessary, and must subsequently
6provide the information in writing as required by this
7subsection.
8 The information described in this subsection shall be
9provided in writing. In the case of emergency placements when
10time does not allow prior review, preparation, and collection
11of written information, the Department shall provide such
12information as it becomes available. Within 10 business days
13after placement, the Department shall obtain from the
14prospective adoptive parent or parents or other caretaker a
15signed verification of receipt of the information provided.
16Within 10 business days after placement, the Department shall
17provide to the child's guardian ad litem a copy of the
18information provided to the prospective adoptive parent or
19parents or other caretaker. The information provided to the
20prospective adoptive parent or parents or other caretaker shall
21be reviewed and approved regarding accuracy at the supervisory
22level.
23 (u-5) Effective July 1, 1995, only foster care placements
24licensed as foster family homes pursuant to the Child Care Act
25of 1969 shall be eligible to receive foster care payments from
26the Department. Relative caregivers who, as of July 1, 1995,

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1were approved pursuant to approved relative placement rules
2previously promulgated by the Department at 89 Ill. Adm. Code
3335 and had submitted an application for licensure as a foster
4family home may continue to receive foster care payments only
5until the Department determines that they may be licensed as a
6foster family home or that their application for licensure is
7denied or until September 30, 1995, whichever occurs first.
8 (v) The Department shall access criminal history record
9information as defined in the Illinois Uniform Conviction
10Information Act and information maintained in the adjudicatory
11and dispositional record system as defined in Section 2605-355
12of the Department of State Police Law (20 ILCS 2605/2605-355)
13if the Department determines the information is necessary to
14perform its duties under the Abused and Neglected Child
15Reporting Act, the Child Care Act of 1969, and the Children and
16Family Services Act. The Department shall provide for
17interactive computerized communication and processing
18equipment that permits direct on-line communication with the
19Department of State Police's central criminal history data
20repository. The Department shall comply with all certification
21requirements and provide certified operators who have been
22trained by personnel from the Department of State Police. In
23addition, one Office of the Inspector General investigator
24shall have training in the use of the criminal history
25information access system and have access to the terminal. The
26Department of Children and Family Services and its employees

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1shall abide by rules and regulations established by the
2Department of State Police relating to the access and
3dissemination of this information.
4 (v-1) Prior to final approval for placement of a child, the
5Department shall conduct a criminal records background check of
6the prospective foster or adoptive parent, including
7fingerprint-based checks of national crime information
8databases. Final approval for placement shall not be granted if
9the record check reveals a felony conviction for child abuse or
10neglect, for spousal abuse, for a crime against children, or
11for a crime involving violence, including rape, sexual assault,
12or homicide, but not including other physical assault or
13battery, or if there is a felony conviction for physical
14assault, battery, or a drug-related offense committed within
15the past 5 years.
16 (v-2) Prior to final approval for placement of a child, the
17Department shall check its child abuse and neglect registry for
18information concerning prospective foster and adoptive
19parents, and any adult living in the home. If any prospective
20foster or adoptive parent or other adult living in the home has
21resided in another state in the preceding 5 years, the
22Department shall request a check of that other state's child
23abuse and neglect registry.
24 (w) Within 120 days of August 20, 1995 (the effective date
25of Public Act 89-392), the Department shall prepare and submit
26to the Governor and the General Assembly, a written plan for

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1the development of in-state licensed secure child care
2facilities that care for children who are in need of secure
3living arrangements for their health, safety, and well-being.
4For purposes of this subsection, secure care facility shall
5mean a facility that is designed and operated to ensure that
6all entrances and exits from the facility, a building or a
7distinct part of the building, are under the exclusive control
8of the staff of the facility, whether or not the child has the
9freedom of movement within the perimeter of the facility,
10building, or distinct part of the building. The plan shall
11include descriptions of the types of facilities that are needed
12in Illinois; the cost of developing these secure care
13facilities; the estimated number of placements; the potential
14cost savings resulting from the movement of children currently
15out-of-state who are projected to be returned to Illinois; the
16necessary geographic distribution of these facilities in
17Illinois; and a proposed timetable for development of such
18facilities.
19 (x) The Department shall conduct annual credit history
20checks to determine the financial history of children placed
21under its guardianship pursuant to the Juvenile Court Act of
221987. The Department shall conduct such credit checks starting
23when a youth in care ward turns 12 years old and each year
24thereafter for the duration of the guardianship as terminated
25pursuant to the Juvenile Court Act of 1987. The Department
26shall determine if financial exploitation of the child's

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1personal information has occurred. If financial exploitation
2appears to have taken place or is presently ongoing, the
3Department shall notify the proper law enforcement agency, the
4proper State's Attorney, or the Attorney General.
5 (y) Beginning on the effective date of this amendatory Act
6of the 96th General Assembly, a child with a disability who
7receives residential and educational services from the
8Department shall be eligible to receive transition services in
9accordance with Article 14 of the School Code from the age of
1014.5 through age 21, inclusive, notwithstanding the child's
11residential services arrangement. For purposes of this
12subsection, "child with a disability" means a child with a
13disability as defined by the federal Individuals with
14Disabilities Education Improvement Act of 2004.
15 (z) The Department shall access criminal history record
16information as defined as "background information" in this
17subsection and criminal history record information as defined
18in the Illinois Uniform Conviction Information Act for each
19Department employee or Department applicant. Each Department
20employee or Department applicant shall submit his or her
21fingerprints to the Department of State Police in the form and
22manner prescribed by the Department of State Police. These
23fingerprints shall be checked against the fingerprint records
24now and hereafter filed in the Department of State Police and
25the Federal Bureau of Investigation criminal history records
26databases. The Department of State Police shall charge a fee

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1for conducting the criminal history record check, which shall
2be deposited into the State Police Services Fund and shall not
3exceed the actual cost of the record check. The Department of
4State Police shall furnish, pursuant to positive
5identification, all Illinois conviction information to the
6Department of Children and Family Services.
7 For purposes of this subsection:
8 "Background information" means all of the following:
9 (i) Upon the request of the Department of Children and
10 Family Services, conviction information obtained from the
11 Department of State Police as a result of a
12 fingerprint-based criminal history records check of the
13 Illinois criminal history records database and the Federal
14 Bureau of Investigation criminal history records database
15 concerning a Department employee or Department applicant.
16 (ii) Information obtained by the Department of
17 Children and Family Services after performing a check of
18 the Department of State Police's Sex Offender Database, as
19 authorized by Section 120 of the Sex Offender Community
20 Notification Law, concerning a Department employee or
21 Department applicant.
22 (iii) Information obtained by the Department of
23 Children and Family Services after performing a check of
24 the Child Abuse and Neglect Tracking System (CANTS)
25 operated and maintained by the Department.
26 "Department employee" means a full-time or temporary

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1employee coded or certified within the State of Illinois
2Personnel System.
3 "Department applicant" means an individual who has
4conditional Department full-time or part-time work, a
5contractor, an individual used to replace or supplement staff,
6an academic intern, a volunteer in Department offices or on
7Department contracts, a work-study student, an individual or
8entity licensed by the Department, or an unlicensed service
9provider who works as a condition of a contract or an agreement
10and whose work may bring the unlicensed service provider into
11contact with Department clients or client records.
12(Source: P.A. 98-249, eff. 1-1-14; 98-570, eff. 8-27-13;
1398-756, eff. 7-16-14; 98-803, eff. 1-1-15; 99-143, eff.
147-27-15.)
15 (20 ILCS 505/5a) (from Ch. 23, par. 5005a)
16 Sec. 5a. Reimbursable services for which the Department of
17Children and Family Services shall pay 100% of the reasonable
18cost pursuant to a written contract negotiated between the
19Department and the agency furnishing the services (which shall
20include but not be limited to the determination of reasonable
21cost, the services being purchased and the duration of the
22agreement) include, but are not limited to:
23SERVICE ACTIVITIES
24 Adjunctive Therapy;

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1 Child Care Service, including day care;
2 Clinical Therapy;
3 Custodial Service;
4 Field Work Students;
5 Food Service;
6 Normal Education;
7 In-Service Training;
8 Intake or Evaluation, or both;
9 Medical Services;
10 Recreation;
11 Social Work or Counselling, or both;
12 Supportive Staff;
13 Volunteers.
14OBJECT EXPENSES
15 Professional Fees and Contract Service Payments;
16 Supplies;
17 Telephone and Telegram;
18 Occupancy;
19 Local Transportation;
20 Equipment and Other Fixed Assets, including amortization
21 of same;
22 Miscellaneous.
23ADMINISTRATIVE COSTS
24 Program Administration;

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1 Supervision and Consultation;
2 Inspection and Monitoring for purposes of issuing
3 licenses;
4 Determination of Children who are eligible
5 for federal or other reimbursement;
6 Postage and Shipping;
7 Outside Printing, Artwork, etc.;
8 Subscriptions and Reference Publications;
9 Management and General Expense.
10Reimbursement of administrative costs other than inspection
11and monitoring for purposes of issuing licenses may not exceed
1220% of the costs for other services.
13 The Department may offer services to any child or family
14with respect to whom a report of suspected child abuse or
15neglect has been called in to the hotline after completion of a
16family assessment as provided under subsection (a-5) of Section
177.4 of the Abused and Neglected Child Reporting Act and the
18Department has determined that services are needed to address
19the safety of the child and other family members and the risk
20of subsequent maltreatment. Acceptance of such services shall
21be voluntary.
22 All Object Expenses, Service Activities and Administrative
23Costs are allowable.
24 If a survey instrument is used in the rate setting process:
25 (a) with respect to any day care centers, it shall be
26 limited to those agencies which receive reimbursement from

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1 the State;
2 (b) the cost survey instrument shall be promulgated by
3 rule;
4 (c) any requirements of the respondents shall be
5 promulgated by rule;
6 (d) all screens, limits or other tests of
7 reasonableness, allowability and reimbursability shall be
8 promulgated by rule;
9 (e) adjustments may be made by the Department to rates
10 when it determines that reported wage and salary levels are
11 insufficient to attract capable caregivers in sufficient
12 numbers.
13 The Department of Children and Family Services may pay 100%
14of the reasonable costs of research and valuation focused
15exclusively on services to youth in care wards of the
16Department. Such research projects must be approved, in
17advance, by the Director of the Department.
18 In addition to reimbursements otherwise provided for in
19this Section, the Department of Human Services shall, in
20accordance with annual written agreements, make advance
21quarterly disbursements to local public agencies for child day
22care services with funds appropriated from the Local Effort Day
23Care Fund.
24 Neither the Department of Children and Family Services nor
25the Department of Human Services shall pay or approve
26reimbursement for day care in a facility which is operating

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1without a valid license or permit, except in the case of day
2care homes or day care centers which are exempt from the
3licensing requirements of the "Child Care Act of 1969".
4(Source: P.A. 96-760, eff. 1-1-10.)
5 (20 ILCS 505/6b) (from Ch. 23, par. 5006b)
6 Sec. 6b. Case tracking system.
7 (1) The Department shall establish and operate a case
8tracking system which shall be designed to monitor and evaluate
9family preservation, family reunification and placement
10services.
11 (2) The Department shall establish and operate the case
12tracking system for the Department clients for whom the
13Department is providing or paying for such services. The
14Department shall work with the courts in the development of a
15cooperative case tracking system.
16 (3) The Department shall determine the basic elements and
17access and provide for records of the case tracking system to
18not be open to the general public.
19 (4) The Department shall use the case tracking system to
20determine whether any child reported to the Department under
21Section 3.5 of the Intergovernmental Missing Child Recovery Act
22of 1984 matches a youth in care Department ward and whether
23that child had been abandoned within the previous 2 months.
24(Source: P.A. 89-213, eff. 1-1-96.)

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1 (20 ILCS 505/7.5)
2 Sec. 7.5. Notice of post-adoption reunion services.
3 (a) For purposes of this Section, "post-adoption reunion
4services" means services provided by the Department to
5facilitate contact between adoptees and their siblings when one
6or more is still in the Department's care or adopted elsewhere,
7with the notarized consent of the adoptive parents of a minor
8child, when such contact has been established to be necessary
9to the adoptee's best interests and when all involved parties,
10including the adoptive parent of a child under 21 years of age,
11have provided written consent for such contact.
12 (b) The Department shall provide to all adoptive parents of
13children receiving monthly adoption assistance under
14subsection (j) of Section 5 of this Act a notice that includes
15a description of the Department's post-adoption reunion
16services and an explanation of how to access those services.
17The notice to adoptive parents shall be provided at least once
18per year until such time as the adoption assistance payments
19cease.
20 The Department shall also provide to all youth in care
21wards of the Department, within 30 days after their 18th
22birthday, the notice described in this Section.
23 (c) The Department shall adopt a rule regarding the
24provision of search and reunion services to youth in care wards
25and former youth in care wards.
26(Source: P.A. 94-1010, eff. 10-1-06.)

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1 (20 ILCS 505/34.11)
2 Sec. 34.11. Lou Jones Grandparent Child Care Program.
3 (a) The General Assembly finds and declares the following:
4 (1) An increasing number of children under the age of
5 18, including many children who would otherwise be at risk
6 of abuse or neglect, are in the care of a grandparent or
7 other nonparent relative.
8 (2) The principal causes of this increase include
9 parental substance abuse, chronic illness, child abuse,
10 mental illness, military deployment, poverty,
11 homelessness, deportation, and death, as well as concerted
12 efforts by families and by the child welfare service system
13 to keep children with relatives whenever possible.
14 (3) Grandparents and older relatives providing primary
15 care for at-risk children may experience unique resultant
16 problems, such as financial stress due to limited incomes,
17 emotional difficulties dealing with the loss of the child's
18 parents or the child's unique behaviors, and decreased
19 physical stamina coupled with a much higher incidence of
20 chronic illness.
21 (4) Many children being raised by nonparent relatives
22 experience one or a combination of emotional, behavioral,
23 psychological, academic, or medical problems, especially
24 those born to a substance-abusing mother or at risk of
25 child abuse, neglect, or abandonment.

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1 (5) Grandparents and other relatives providing primary
2 care for children lack appropriate information about the
3 issues of kinship care, the special needs (both physical
4 and psychological) of children born to a substance-abusing
5 mother or at risk of child abuse, neglect, or abandonment,
6 and the support resources currently available to them.
7 (6) An increasing number of grandparents and other
8 relatives age 60 or older are adopting or becoming the
9 subsidized guardians of children placed in their care by
10 the Department. Some of these children will experience the
11 death of their adoptive parent or guardian before reaching
12 the age of 18. For most of these children, no legal plan
13 has been made for the child's future care and custody in
14 the event of the caregiver's death or incapacity.
15 (7) Grandparents and other relatives providing primary
16 care for children lack appropriate information about
17 future care and custody planning for children in their
18 care. They also lack access to resources that may assist
19 them in developing future legal care and custody plans for
20 children in their legal custody.
21 (b) The Department may establish an informational and
22educational program for grandparents and other relatives who
23provide primary care for children who are at risk of child
24abuse, neglect, or abandonment or who were born to
25substance-abusing mothers. As a part of the program, the
26Department may develop, publish, and distribute an

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1informational brochure for grandparents and other relatives
2who provide primary care for children who are at risk of child
3abuse, neglect, or abandonment or who were born to
4substance-abusing mothers. The information provided under the
5program authorized by this Section may include, but is not
6limited to the following:
7 (1) The most prevalent causes of kinship care,
8 especially the risk of (i) substance exposure, (ii) child
9 abuse, neglect, or abandonment, (iii) chronic illness,
10 (iv) mental illness, (v) military deployment, or (vi)
11 death.
12 (2) The problems experienced by children being raised
13 by nonparent caregivers.
14 (3) The problems experienced by grandparents and other
15 nonparent relatives providing primary care for children
16 who have special needs.
17 (4) The legal system as it relates to children and
18 their nonparent primary caregivers.
19 (5) The benefits available to children and their
20 nonparent primary caregivers.
21 (6) A list of support groups and resources located
22 throughout the State.
23 The brochure may be distributed through hospitals, public
24health nurses, child protective services, medical professional
25offices, elementary and secondary schools, senior citizen
26centers, public libraries, community action agencies selected

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1by the Department, and the Department of Human Services.
2 The Kinship Navigator established under the Kinship
3Navigator Act shall coordinate the grandparent child care
4program under this Section with the programs and services
5established and administered by the Department of Human
6Services under the Kinship Navigator Act.
7 (c) In addition to other provisions of this Section, the
8Department shall establish a program of information, social
9work services, and legal services for any person age 60 or over
10and any other person who may be in need of a future legal care
11and custody plan who adopt, have adopted, take guardianship of,
12or have taken guardianship of children previously in the
13Department's custody. This program shall also assist families
14of deceased adoptive parents and guardians. As part of the
15program, the Department shall:
16 (1) Develop a protocol for identification of persons
17 age 60 or over and others who may be in need of future care
18 and custody plans, including ill caregivers, who are
19 adoptive parents, prospective adoptive parents, guardians,
20 or prospective guardians of children who are or have been
21 in Department custody.
22 (2) Provide outreach to caregivers before and after
23 adoption and guardianship, and to the families of deceased
24 caregivers, regarding Illinois legal options for future
25 care and custody of children.
26 (3) Provide training for Department and private agency

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1 staff on methods of assisting caregivers before and after
2 adoption and guardianship, and the families of older and
3 ill caregivers, who wish to make future care and custody
4 plans for children who have been youth in care wards of the
5 Department and who are or will be adopted by or are or will
6 be placed in the guardianship of those caregivers become
7 wards of those caregivers.
8 (4) Ensure that all caregivers age 60 or over who will
9 adopt or will become guardians of former youth in care
10 children previously in Department custody have
11 specifically designated future caregivers for children in
12 their care. The Department shall document this
13 designation, and the Department shall also document
14 acceptance of this responsibility by any future caregiver.
15 Documentation of future care designation shall be included
16 in each child's case file and adoption or guardianship
17 subsidy files as applicable to the child.
18 (5) Ensure that any designated future caregiver and the
19 family of a deceased caregiver have information on the
20 financial needs of the child and future resources that may
21 be available to support the child, including any adoption
22 assistance and subsidized guardianship for which the child
23 is or may be eligible.
24 (6) With respect to programs of social work and legal
25 services:
26 (i) Provide contracted social work services to

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1 older and ill caregivers, and the families of deceased
2 caregivers, including those who will or have adopted or
3 will take or have taken guardianship of children
4 previously in Department custody. Social work services
5 to caregivers will have the goal of securing a future
6 care and custody plan for children in their care. Such
7 services will include providing information to the
8 caregivers and families on standby guardianship,
9 guardianship, standby adoption, and adoption. The
10 Department will assist the caregiver in developing a
11 plan for the child if the caregiver becomes
12 incapacitated or terminally ill, or dies while the
13 child is a minor. The Department shall develop a form
14 to document the information given to caregivers and to
15 document plans for future custody, in addition to the
16 documentation described in subsection (b) (4). This
17 form shall be included in each child's case file and
18 adoption or guardianship subsidy files as applicable
19 to the child.
20 (ii) Through a program of contracted legal
21 services, assist older and ill caregivers, and the
22 families of deceased caregivers, with the goal of
23 securing court-ordered future care and custody plans
24 for children in their care. Court-ordered future care
25 and custody plans may include: standby guardianship,
26 successor guardianship, standby adoption, and

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1 successor adoption. The program will also study ways in
2 which to provide timely and cost-effective legal
3 services to older and ill caregivers, and to families
4 of deceased caregivers in order to ensure permanency
5 for children in their care.
6 (7) Ensure that future caregivers designated by
7 adoptive parents or guardians, and the families of deceased
8 caregivers, understand their rights and potential
9 responsibilities and shall be able to provide adequate
10 support and education for children who may become their
11 legal responsibility.
12 (8) Ensure that future caregivers designated by
13 adoptive parents and guardians, and the families of
14 deceased caregivers, understand the problems of children
15 who have experienced multiple caregivers and who may have
16 experienced abuse, neglect, or abandonment or may have been
17 born to substance-abusing mothers.
18 (9) Ensure that future caregivers designated by
19 adoptive parents and guardians, and the families of
20 deceased caregivers, understand the problems experienced
21 by older and ill caregivers of children, including children
22 with special needs, such as financial stress due to limited
23 income and increased financial responsibility, emotional
24 difficulties associated with the loss of a child's parent
25 or the child's unique behaviors, the special needs of a
26 child who may come into their custody or whose parent or

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1 guardian is already deceased, and decreased physical
2 stamina and a higher rate of chronic illness and other
3 health concerns.
4 (10) Provide additional services as needed to families
5 in which a designated caregiver appointed by the court or a
6 caregiver designated in a will or other legal document
7 cannot or will not fulfill the responsibilities as adoptive
8 parent, guardian, or legal custodian of the child.
9 (d) The Department shall consult with the Department on
10Aging and any other agency it deems appropriate as the
11Department develops the program required by subsection (c).
12 (e) Rulemaking authority to implement Public Act 95-1040,
13if any, is conditioned on the rules being adopted in accordance
14with all provisions of the Illinois Administrative Procedure
15Act and all rules and procedures of the Joint Committee on
16Administrative Rules; any purported rule not so adopted, for
17whatever reason, is unauthorized.
18(Source: P.A. 95-1040, eff. 3-25-09; 96-276, eff. 8-11-09;
1996-1000, eff. 7-2-10.)
20 (20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
21 Sec. 35.1. The case and clinical records of patients in
22Department supervised facilities, youth in care wards of the
23Department, children receiving or applying for child welfare
24services, persons receiving or applying for other services of
25the Department, and Department reports of injury or abuse to

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1children shall not be open to the general public. Such case and
2clinical records and reports or the information contained
3therein shall be disclosed by the Director of the Department to
4juvenile authorities when necessary for the discharge of their
5official duties who request information concerning the minor
6and who certify in writing that the information will not be
7disclosed to any other party except as provided under law or
8order of court. For purposes of this Section, "juvenile
9authorities" means: (i) a judge of the circuit court and
10members of the staff of the court designated by the judge; (ii)
11parties to the proceedings under the Juvenile Court Act of 1987
12and their attorneys; (iii) probation officers and court
13appointed advocates for the juvenile authorized by the judge
14hearing the case; (iv) any individual, public or private agency
15having custody of the child pursuant to court order or pursuant
16to placement of the child by the Department; (v) any
17individual, public or private agency providing education,
18medical or mental health service to the child when the
19requested information is needed to determine the appropriate
20service or treatment for the minor; (vi) any potential
21placement provider when such release is authorized by the court
22for the limited purpose of determining the appropriateness of
23the potential placement; (vii) law enforcement officers and
24prosecutors; (viii) adult and juvenile prisoner review boards;
25(ix) authorized military personnel; (x) individuals authorized
26by court; (xi) the Illinois General Assembly or any committee

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1or commission thereof. This Section does not apply to the
2Department's fiscal records, other records of a purely
3administrative nature, or any forms, documents or other records
4required of facilities subject to licensure by the Department
5except as may otherwise be provided under the Child Care Act of
61969. Notwithstanding any other provision of this Section, upon
7request, a guardian ad litem or attorney appointed to represent
8a child who is the subject of an action pursuant to Article II
9of the Juvenile Court Act of 1987 may obtain a copy of foster
10home licensing records, including all information related to
11licensing complaints and investigations, regarding a home in
12which the child is placed or regarding a home in which the
13Department plans to place the child. Any information contained
14in foster home licensing records that is protected from
15disclosure by federal or State law may be obtained only in
16compliance with that law. Nothing in this Section restricts the
17authority of a court to order release of licensing records for
18purposes of discovery or as otherwise authorized by law.
19 Nothing contained in this Act prevents the sharing or
20disclosure of information or records relating or pertaining to
21juveniles subject to the provisions of the Serious Habitual
22Offender Comprehensive Action Program when that information is
23used to assist in the early identification and treatment of
24habitual juvenile offenders.
25 Nothing contained in this Act prevents the sharing or
26disclosure of information or records relating or pertaining to

HB3169 Enrolled- 59 -LRB100 00350 KTG 10354 b
1the death of a minor under the care of or receiving services
2from the Department and under the jurisdiction of the juvenile
3court with the juvenile court, the State's Attorney, and the
4minor's attorney.
5 Nothing contained in this Section prohibits or prevents any
6individual dealing with or providing services to a minor from
7sharing information with another individual dealing with or
8providing services to a minor for the purpose of coordinating
9efforts on behalf of the minor. The sharing of such information
10is only for the purpose stated herein and is to be consistent
11with the intent and purpose of the confidentiality provisions
12of the Juvenile Court Act of 1987. This provision does not
13abrogate any recognized privilege. Sharing information does
14not include copying of records, reports or case files unless
15authorized herein.
16 Nothing in this Section prohibits or prevents the
17re-disclosure of records, reports, or other information that
18reveals malfeasance or nonfeasance on the part of the
19Department, its employees, or its agents. Nothing in this
20Section prohibits or prevents the Department or a party in a
21proceeding under the Juvenile Court Act of 1987 from copying
22records, reports, or case files for the purpose of sharing
23those documents with other parties to the litigation.
24(Source: P.A. 99-779, eff. 1-1-17.)
25 (20 ILCS 505/39.3)

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1 Sec. 39.3. Suggestion boxes. The Department must place in
2each residential treatment center that accepts youth in care
3wards of the Department a locked suggestion box into which
4residents may place comments and concerns to be addressed by
5the Department. Only employees of the Department shall have
6access to the contents of the locked suggestion boxes. An
7employee of the Department must check the locked suggestion
8boxes at least once per week.
9(Source: P.A. 99-342, eff. 8-11-15.)
10 Section 25. The Child Death Review Team Act is amended by
11changing Section 20 as follows:
12 (20 ILCS 515/20)
13 Sec. 20. Reviews of child deaths.
14 (a) Every child death shall be reviewed by the team in the
15subregion which has primary case management responsibility.
16The deceased child must be one of the following:
17 (1) A youth in care ward of the Department.
18 (2) The subject of an open service case maintained by
19 the Department.
20 (3) The subject of a pending child abuse or neglect
21 investigation.
22 (4) A child who was the subject of an abuse or neglect
23 investigation at any time during the 12 months preceding
24 the child's death.

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1 (5) Any other child whose death is reported to the
2 State central register as a result of alleged child abuse
3 or neglect which report is subsequently indicated.
4 A child death review team may, at its discretion, review
5other sudden, unexpected, or unexplained child deaths, and
6cases of serious or fatal injuries to a child identified under
7the Children's Advocacy Center Act.
8 (b) A child death review team's purpose in conducting
9reviews of child deaths is to do the following:
10 (1) Assist in determining the cause and manner of the
11 child's death, when requested.
12 (2) Evaluate means by which the death might have been
13 prevented.
14 (3) Report its findings to appropriate agencies and
15 make recommendations that may help to reduce the number of
16 child deaths caused by abuse or neglect.
17 (4) Promote continuing education for professionals
18 involved in investigating, treating, and preventing child
19 abuse and neglect as a means of preventing child deaths due
20 to abuse or neglect.
21 (5) Make specific recommendations to the Director and
22 the Inspector General of the Department concerning the
23 prevention of child deaths due to abuse or neglect and the
24 establishment of protocols for investigating child deaths.
25 (c) A child death review team shall review a child death as
26soon as practical and not later than 90 days following the

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1completion by the Department of the investigation of the death
2under the Abused and Neglected Child Reporting Act. When there
3has been no investigation by the Department, the child death
4review team shall review a child's death within 90 days after
5obtaining the information necessary to complete the review from
6the coroner, pathologist, medical examiner, or law enforcement
7agency, depending on the nature of the case. A child death
8review team shall meet at least once in each calendar quarter.
9 (d) The Director shall, within 90 days, review and reply to
10recommendations made by a team under item (5) of subsection
11(b). With respect to each recommendation made by a team, the
12Director shall submit his or her reply both to the chairperson
13of that team and to the chairperson of the Executive Council.
14The Director's reply to each recommendation must include a
15statement as to whether the Director intends to implement the
16recommendation.
17 The Director shall implement recommendations as feasible
18and appropriate and shall respond in writing to explain the
19implementation or nonimplementation of the recommendations.
20 (e) Within 90 days after the Director submits a reply with
21respect to a recommendation as required by subsection (d), the
22Director must submit an additional report that sets forth in
23detail the way, if any, in which the Director will implement
24the recommendation and the schedule for implementing the
25recommendation. The Director shall submit this report to the
26chairperson of the team that made the recommendation and to the

HB3169 Enrolled- 63 -LRB100 00350 KTG 10354 b
1chairperson of the Executive Council.
2 (f) Within 180 days after the Director submits a report
3under subsection (e) concerning the implementation of a
4recommendation, the Director shall submit a further report to
5the chairperson of the team that made the recommendation and to
6the chairperson of the Executive Council. This report shall set
7forth the specific changes in the Department's policies and
8procedures that have been made in response to the
9recommendation.
10(Source: P.A. 95-405, eff. 6-1-08; 95-527, eff. 6-1-08; 95-876,
11eff. 8-21-08; 96-328, eff. 8-11-09.)
12 Section 30. The Administration of Psychotropic Medications
13to Children Act is amended by changing Section 10 as follows:
14 (20 ILCS 535/10)
15 Sec. 10. Failure to comply with Department rules. The
16Department must establish and maintain rules designed to ensure
17compliance with any rules promulgated pursuant to Section 5 of
18this Act. Such rules shall include, but are not limited to, the
19following:
20 (a) Standards and procedures for notifying physicians,
21residential treatment facilities, and psychiatric hospitals
22when they have violated any rule enacted or maintained pursuant
23to Section 5 of this Act.
24 (b) Standards and procedures for issuing written warnings

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1to physicians, residential treatment facilities, and
2psychiatric hospitals when they have violated any rule enacted
3or maintained pursuant to Section 5 of this Act.
4 (c) Standards and procedures for notifying the Department
5of Financial and Professional Regulation when a physician has
6repeatedly violated any rule enacted or maintained pursuant to
7Section 5 of this Act after having received a written warning
8on one or more occasions. This subsection is not intended to
9limit the Department's authority to make a report to the
10Department of Financial and Professional Regulation when a
11physician has violated a rule and has not received a written
12warning when the Department determines it is in the minor's and
13society's interest to make the report.
14 (d) Standards and procedures for notifying the Department
15of Public Health when any facility licensed by that Department
16has repeatedly violated any rule enacted or maintained pursuant
17to Section 5 of this Act after having received a written
18warning on one or more occasions. This subsection is not
19intended to limit the Department's authority to make a report
20to the Department of Public Health when a facility has violated
21a rule and has not received a written warning when the
22Department determines it is in the minor's and society's
23interest to make the report.
24 (e) Standards and procedures for notifying the guardian ad
25litem appointed pursuant to Section 2-17 of the Juvenile Court
26Act of 1987, of a youth in care as defined in Section 4d of the

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1Children and Family Services Act ward who has been administered
2psychotropic medication in violation of any rule enacted or
3maintained pursuant to Section 5 of this Act, where the
4guardian ad litem has requested notification and provides the
5Department with documentation verifying that pursuant to the
6Mental Health and Developmental Disabilities Confidentiality
7Act, the court has entered an order granting the guardian ad
8litem authority to receive and review this information.
9 (f) Standards and procedures for notifying the
10Department's licensing division when a residential facility or
11group home licensed by the Department has repeatedly violated
12any rule enacted or maintained pursuant to Section 5 of this
13Act.
14(Source: P.A. 97-245, eff. 8-4-11.)
15 Section 35. The Mental Health and Developmental
16Disabilities Administrative Act is amended by changing Section
1769 as follows:
18 (20 ILCS 1705/69)
19 Sec. 69. Joint planning by the Department of Human Services
20and the Department of Children and Family Services. The purpose
21of this Section is to mandate that joint planning occur between
22the Department of Children and Family Services and the
23Department of Human Services to ensure that the 2 agencies
24coordinate their activities and effectively work together to

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1provide youth in care as defined in Section 4d of the Children
2and Family Services Act who have wards with developmental
3disabilities for whom the Department of Children and Family
4Services is legally responsible a smooth transition to adult
5living upon reaching the age of 21. The Department of Children
6and Family Services and the Department of Human Services shall
7execute an interagency agreement by January 1, 1998 that
8outlines the terms of the coordination process. The Departments
9shall consult with private providers of services to children in
10formulating the interagency agreement.
11(Source: P.A. 90-512, eff. 8-22-97; 90-655, eff. 7-30-98.)
12 Section 40. The State Finance Act is amended by changing
13Sections 16 and 24.5 as follows:
14 (30 ILCS 105/16) (from Ch. 127, par. 152)
15 Sec. 16. The item "travel" when used in an appropriation
16act, shall include any expenditure directly incident to
17official travel by State officers, commission members and
18employees, or by wards or charges of the State, or youth in
19care as defined in Section 4d of the Children and Family
20Services Act, involving reimbursement to travelers, or direct
21payment to private agencies providing transportation or
22related services. Through June 30, 1994, the item "travel" may
23also include any expenditure to, or approved by, the Department
24of Central Management Services for video conferencing.

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1(Source: P.A. 87-817.)
2 (30 ILCS 105/24.5) (from Ch. 127, par. 160.5)
3 Sec. 24.5. "Awards and grants" includes payments for:
4Awards and indemnities, pensions and annuities (other than
5amounts payable for personal services as defined in Section
614); shared revenue payments or grants to local governments or
7to quasi-public agencies; and gratuitous payments to, or
8charges incurred for the direct benefit of, natural persons who
9are not wards of the State or youth in care as defined in
10Section 4d of the Children and Family Services Act. Payments to
11any local government as reimbursement for costs incurred by it
12in performing an activity for which it is specifically by
13statute made an agent of the State shall be chargeable to and
14classified under the same item or account as though such costs
15were incurred directly by the State.
16(Source: P.A. 82-325.)
17 Section 45. The Counties Code is amended by changing
18Section 3-3013 as follows:
19 (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
20 Sec. 3-3013. Preliminary investigations; blood and urine
21analysis; summoning jury; reports. Every coroner, whenever, as
22soon as he knows or is informed that the dead body of any
23person is found, or lying within his county, whose death is

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1suspected of being:
2 (a) A sudden or violent death, whether apparently
3 suicidal, homicidal or accidental, including but not
4 limited to deaths apparently caused or contributed to by
5 thermal, traumatic, chemical, electrical or radiational
6 injury, or a complication of any of them, or by drowning or
7 suffocation, or as a result of domestic violence as defined
8 in the Illinois Domestic Violence Act of 1986;
9 (b) A maternal or fetal death due to abortion, or any
10 death due to a sex crime or a crime against nature;
11 (c) A death where the circumstances are suspicious,
12 obscure, mysterious or otherwise unexplained or where, in
13 the written opinion of the attending physician, the cause
14 of death is not determined;
15 (d) A death where addiction to alcohol or to any drug
16 may have been a contributory cause; or
17 (e) A death where the decedent was not attended by a
18 licensed physician;
19shall go to the place where the dead body is, and take charge
20of the same and shall make a preliminary investigation into the
21circumstances of the death. In the case of death without
22attendance by a licensed physician the body may be moved with
23the coroner's consent from the place of death to a mortuary in
24the same county. Coroners in their discretion shall notify such
25physician as is designated in accordance with Section 3-3014 to
26attempt to ascertain the cause of death, either by autopsy or

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1otherwise.
2 In cases of accidental death involving a motor vehicle in
3which the decedent was (1) the operator or a suspected operator
4of a motor vehicle, or (2) a pedestrian 16 years of age or
5older, the coroner shall require that a blood specimen of at
6least 30 cc., and if medically possible a urine specimen of at
7least 30 cc. or as much as possible up to 30 cc., be withdrawn
8from the body of the decedent in a timely fashion after the
9accident causing his death, by such physician as has been
10designated in accordance with Section 3-3014, or by the coroner
11or deputy coroner or a qualified person designated by such
12physician, coroner, or deputy coroner. If the county does not
13maintain laboratory facilities for making such analysis, the
14blood and urine so drawn shall be sent to the Department of
15State Police or any other accredited or State-certified
16laboratory for analysis of the alcohol, carbon monoxide, and
17dangerous or narcotic drug content of such blood and urine
18specimens. Each specimen submitted shall be accompanied by
19pertinent information concerning the decedent upon a form
20prescribed by such laboratory. Any person drawing blood and
21urine and any person making any examination of the blood and
22urine under the terms of this Division shall be immune from all
23liability, civil or criminal, that might otherwise be incurred
24or imposed.
25 In all other cases coming within the jurisdiction of the
26coroner and referred to in subparagraphs (a) through (e) above,

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1blood, and whenever possible, urine samples shall be analyzed
2for the presence of alcohol and other drugs. When the coroner
3suspects that drugs may have been involved in the death, either
4directly or indirectly, a toxicological examination shall be
5performed which may include analyses of blood, urine, bile,
6gastric contents and other tissues. When the coroner suspects a
7death is due to toxic substances, other than drugs, the coroner
8shall consult with the toxicologist prior to collection of
9samples. Information submitted to the toxicologist shall
10include information as to height, weight, age, sex and race of
11the decedent as well as medical history, medications used by
12and the manner of death of decedent.
13 When the coroner or medical examiner finds that the cause
14of death is due to homicidal means, the coroner or medical
15examiner shall cause blood and buccal specimens (tissue may be
16submitted if no uncontaminated blood or buccal specimen can be
17obtained), whenever possible, to be withdrawn from the body of
18the decedent in a timely fashion. For proper preservation of
19the specimens, collected blood and buccal specimens shall be
20dried and tissue specimens shall be frozen if available
21equipment exists. As soon as possible, but no later than 30
22days after the collection of the specimens, the coroner or
23medical examiner shall release those specimens to the police
24agency responsible for investigating the death. As soon as
25possible, but no later than 30 days after the receipt from the
26coroner or medical examiner, the police agency shall submit the

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1specimens using the agency case number to a National DNA Index
2System (NDIS) participating laboratory within this State, such
3as the Illinois Department of State Police, Division of
4Forensic Services, for analysis and categorizing into genetic
5marker groupings. The results of the analysis and categorizing
6into genetic marker groupings shall be provided to the Illinois
7Department of State Police and shall be maintained by the
8Illinois Department of State Police in the State central
9repository in the same manner, and subject to the same
10conditions, as provided in Section 5-4-3 of the Unified Code of
11Corrections. The requirements of this paragraph are in addition
12to any other findings, specimens, or information that the
13coroner or medical examiner is required to provide during the
14conduct of a criminal investigation.
15 In all counties, in cases of apparent suicide, homicide, or
16accidental death or in other cases, within the discretion of
17the coroner, the coroner may summon 8 persons of lawful age
18from those persons drawn for petit jurors in the county. The
19summons shall command these persons to present themselves
20personally at such a place and time as the coroner shall
21determine, and may be in any form which the coroner shall
22determine and may incorporate any reasonable form of request
23for acknowledgement which the coroner deems practical and
24provides a reliable proof of service. The summons may be served
25by first class mail. From the 8 persons so summoned, the
26coroner shall select 6 to serve as the jury for the inquest.

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1Inquests may be continued from time to time, as the coroner may
2deem necessary. The 6 jurors selected in a given case may view
3the body of the deceased. If at any continuation of an inquest
4one or more of the original jurors shall be unable to continue
5to serve, the coroner shall fill the vacancy or vacancies. A
6juror serving pursuant to this paragraph shall receive
7compensation from the county at the same rate as the rate of
8compensation that is paid to petit or grand jurors in the
9county. The coroner shall furnish to each juror without fee at
10the time of his discharge a certificate of the number of days
11in attendance at an inquest, and, upon being presented with
12such certificate, the county treasurer shall pay to the juror
13the sum provided for his services.
14 In counties which have a jury commission, in cases of
15apparent suicide or homicide or of accidental death, the
16coroner may conduct an inquest. The jury commission shall
17provide at least 8 jurors to the coroner, from whom the coroner
18shall select any 6 to serve as the jury for the inquest.
19Inquests may be continued from time to time as the coroner may
20deem necessary. The 6 jurors originally chosen in a given case
21may view the body of the deceased. If at any continuation of an
22inquest one or more of the 6 jurors originally chosen shall be
23unable to continue to serve, the coroner shall fill the vacancy
24or vacancies. At the coroner's discretion, additional jurors to
25fill such vacancies shall be supplied by the jury commission. A
26juror serving pursuant to this paragraph in such county shall

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1receive compensation from the county at the same rate as the
2rate of compensation that is paid to petit or grand jurors in
3the county.
4 In every case in which a fire is determined to be a
5contributing factor in a death, the coroner shall report the
6death to the Office of the State Fire Marshal. The coroner
7shall provide a copy of the death certificate (i) within 30
8days after filing the permanent death certificate and (ii) in a
9manner that is agreed upon by the coroner and the State Fire
10Marshal.
11 In every case in which a drug overdose is determined to be
12the cause or a contributing factor in the death, the coroner or
13medical examiner shall report the death to the Department of
14Public Health. The Department of Public Health shall adopt
15rules regarding specific information that must be reported in
16the event of such a death. If possible, the coroner shall
17report the cause of the overdose. As used in this Section,
18"overdose" has the same meaning as it does in Section 414 of
19the Illinois Controlled Substances Act. The Department of
20Public Health shall issue a semiannual report to the General
21Assembly summarizing the reports received. The Department
22shall also provide on its website a monthly report of overdose
23death figures organized by location, age, and any other
24factors, the Department deems appropriate.
25 In addition, in every case in which domestic violence is
26determined to be a contributing factor in a death, the coroner

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1shall report the death to the Department of State Police.
2 All deaths in State institutions and all deaths of wards of
3the State or youth in care as defined in Section 4d of the
4Children and Family Services Act in private care facilities or
5in programs funded by the Department of Human Services under
6its powers relating to mental health and developmental
7disabilities or alcoholism and substance abuse or funded by the
8Department of Children and Family Services shall be reported to
9the coroner of the county in which the facility is located. If
10the coroner has reason to believe that an investigation is
11needed to determine whether the death was caused by
12maltreatment or negligent care of the ward of the State or
13youth in care as defined in Section 4d of the Children and
14Family Services Act, the coroner may conduct a preliminary
15investigation of the circumstances of such death as in cases of
16death under circumstances set forth in paragraphs (a) through
17(e) of this Section.
18(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
19eff. 7-28-16.)
20 Section 50. The School Code is amended by changing Section
2114-8.02a as follows:
22 (105 ILCS 5/14-8.02a)
23 Sec. 14-8.02a. Impartial due process hearing; civil
24action.

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1 (a) This Section shall apply to all impartial due process
2hearings requested on or after July 1, 2005. Impartial due
3process hearings requested before July 1, 2005 shall be
4governed by the rules described in Public Act 89-652.
5 (a-5) For purposes of this Section and Section 14-8.02b of
6this Code, days shall be computed in accordance with Section
71.11 of the Statute on Statutes.
8 (b) The State Board of Education shall establish an
9impartial due process hearing system in accordance with this
10Section and may, with the advice and approval of the Advisory
11Council on Education of Children with Disabilities, promulgate
12rules and regulations consistent with this Section to establish
13the rules and procedures for due process hearings.
14 (c) (Blank).
15 (d) (Blank).
16 (e) (Blank).
17 (f) An impartial due process hearing shall be convened upon
18the request of a parent, student if at least 18 years of age or
19emancipated, or a school district. A school district shall make
20a request in writing to the State Board of Education and
21promptly mail a copy of the request to the parents or student
22(if at least 18 years of age or emancipated) at the parent's or
23student's last known address. A request made by the parent or
24student shall be made in writing to the superintendent of the
25school district where the student resides. The superintendent
26shall forward the request to the State Board of Education

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1within 5 days after receipt of the request. The request shall
2be filed no more than 2 years following the date the person or
3school district knew or should have known of the event or
4events forming the basis for the request. The request shall, at
5a minimum, contain all of the following:
6 (1) The name of the student, the address of the
7 student's residence, and the name of the school the student
8 is attending.
9 (2) In the case of homeless children (as defined under
10 the federal McKinney-Vento Homeless Assistance Act (42
11 U.S.C. 11434a(2)), available contact information for the
12 student and the name of the school the student is
13 attending.
14 (3) A description of the nature of the problem relating
15 to the actual or proposed placement, identification,
16 services, or evaluation of the student, including facts
17 relating to the problem.
18 (4) A proposed resolution of the problem to the extent
19 known and available to the party at the time.
20 (f-5) Within 3 days after receipt of the hearing request,
21the State Board of Education shall appoint a due process
22hearing officer using a rotating appointment system and shall
23notify the hearing officer of his or her appointment.
24 For a school district other than a school district located
25in a municipality having a population exceeding 500,000, a
26hearing officer who is a current resident of the school

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1district, special education cooperative, or other public
2entity involved in the hearing shall recuse himself or herself.
3A hearing officer who is a former employee of the school
4district, special education cooperative, or other public
5entity involved in the hearing shall immediately disclose the
6former employment to the parties and shall recuse himself or
7herself, unless the parties otherwise agree in writing. A
8hearing officer having a personal or professional interest that
9may conflict with his or her objectivity in the hearing shall
10disclose the conflict to the parties and shall recuse himself
11or herself unless the parties otherwise agree in writing. For
12purposes of this subsection an assigned hearing officer shall
13be considered to have a conflict of interest if, at any time
14prior to the issuance of his or her written decision, he or she
15knows or should know that he or she may receive remuneration
16from a party to the hearing within 3 years following the
17conclusion of the due process hearing.
18 A party to a due process hearing shall be permitted one
19substitution of hearing officer as a matter of right, in
20accordance with procedures established by the rules adopted by
21the State Board of Education under this Section. The State
22Board of Education shall randomly select and appoint another
23hearing officer within 3 days after receiving notice that the
24appointed hearing officer is ineligible to serve or upon
25receiving a proper request for substitution of hearing officer.
26If a party withdraws its request for a due process hearing

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1after a hearing officer has been appointed, that hearing
2officer shall retain jurisdiction over a subsequent hearing
3that involves the same parties and is requested within one year
4from the date of withdrawal of the previous request, unless
5that hearing officer is unavailable.
6 Any party may raise facts that constitute a conflict of
7interest for the hearing officer at any time before or during
8the hearing and may move for recusal.
9 (g) Impartial due process hearings shall be conducted
10pursuant to this Section and any rules and regulations
11promulgated by the State Board of Education consistent with
12this Section and other governing laws and regulations. The
13hearing shall address only those issues properly raised in the
14hearing request under subsection (f) of this Section or, if
15applicable, in the amended hearing request under subsection
16(g-15) of this Section. The hearing shall be closed to the
17public unless the parents request that the hearing be open to
18the public. The parents involved in the hearing shall have the
19right to have the student who is the subject of the hearing
20present. The hearing shall be held at a time and place which
21are reasonably convenient to the parties involved. Upon the
22request of a party, the hearing officer shall hold the hearing
23at a location neutral to the parties if the hearing officer
24determines that there is no cost for securing the use of the
25neutral location. Once appointed, the impartial due process
26hearing officer shall not communicate with the State Board of

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1Education or its employees concerning the hearing, except that,
2where circumstances require, communications for administrative
3purposes that do not deal with substantive or procedural
4matters or issues on the merits are authorized, provided that
5the hearing officer promptly notifies all parties of the
6substance of the communication as a matter of record.
7 (g-5) Unless the school district has previously provided
8prior written notice to the parent or student (if at least 18
9years of age or emancipated) regarding the subject matter of
10the hearing request, the school district shall, within 10 days
11after receiving a hearing request initiated by a parent or
12student (if at least 18 years of age or emancipated), provide a
13written response to the request that shall include all of the
14following:
15 (1) An explanation of why the school district proposed
16 or refused to take the action or actions described in the
17 hearing request.
18 (2) A description of other options the IEP team
19 considered and the reasons why those options were rejected.
20 (3) A description of each evaluation procedure,
21 assessment, record, report, or other evidence the school
22 district used as the basis for the proposed or refused
23 action or actions.
24 (4) A description of the factors that are or were
25 relevant to the school district's proposed or refused
26 action or actions.

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1 (g-10) When the hearing request has been initiated by a
2school district, within 10 days after receiving the request,
3the parent or student (if at least 18 years of age or
4emancipated) shall provide the school district with a response
5that specifically addresses the issues raised in the school
6district's hearing request. The parent's or student's response
7shall be provided in writing, unless he or she is illiterate or
8has a disability that prevents him or her from providing a
9written response. The parent's or student's response may be
10provided in his or her native language, if other than English.
11In the event that illiteracy or another disabling condition
12prevents the parent or student from providing a written
13response, the school district shall assist the parent or
14student in providing the written response.
15 (g-15) Within 15 days after receiving notice of the hearing
16request, the non-requesting party may challenge the
17sufficiency of the request by submitting its challenge in
18writing to the hearing officer. Within 5 days after receiving
19the challenge to the sufficiency of the request, the hearing
20officer shall issue a determination of the challenge in writing
21to the parties. In the event that the hearing officer upholds
22the challenge, the party who requested the hearing may, with
23the consent of the non-requesting party or hearing officer,
24file an amended request. Amendments are permissible for the
25purpose of raising issues beyond those in the initial hearing
26request. In addition, the party who requested the hearing may

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1amend the request once as a matter of right by filing the
2amended request within 5 days after filing the initial request.
3An amended request, other than an amended request as a matter
4of right, shall be filed by the date determined by the hearing
5officer, but in no event any later than 5 days prior to the
6date of the hearing. If an amended request, other than an
7amended request as a matter of right, raises issues that were
8not part of the initial request, the applicable timeline for a
9hearing, including the timeline under subsection (g-20) of this
10Section, shall recommence.
11 (g-20) Within 15 days after receiving a request for a
12hearing from a parent or student (if at least 18 years of age
13or emancipated) or, in the event that the school district
14requests a hearing, within 15 days after initiating the
15request, the school district shall convene a resolution meeting
16with the parent and relevant members of the IEP team who have
17specific knowledge of the facts contained in the request for
18the purpose of resolving the problem that resulted in the
19request. The resolution meeting shall include a representative
20of the school district who has decision-making authority on
21behalf of the school district. Unless the parent is accompanied
22by an attorney at the resolution meeting, the school district
23may not include an attorney representing the school district.
24 The resolution meeting may not be waived unless agreed to
25in writing by the school district and the parent or student (if
26at least 18 years of age or emancipated) or the parent or

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1student (if at least 18 years of age or emancipated) and the
2school district agree in writing to utilize mediation in place
3of the resolution meeting. If either party fails to cooperate
4in the scheduling or convening of the resolution meeting, the
5hearing officer may order an extension of the timeline for
6completion of the resolution meeting or, upon the motion of a
7party and at least 7 days after ordering the non-cooperating
8party to cooperate, order the dismissal of the hearing request
9or the granting of all relief set forth in the request, as
10appropriate.
11 In the event that the school district and the parent or
12student (if at least 18 years of age or emancipated) agree to a
13resolution of the problem that resulted in the hearing request,
14the terms of the resolution shall be committed to writing and
15signed by the parent or student (if at least 18 years of age or
16emancipated) and the representative of the school district with
17decision-making authority. The agreement shall be legally
18binding and shall be enforceable in any State or federal court
19of competent jurisdiction. In the event that the parties
20utilize the resolution meeting process, the process shall
21continue until no later than the 30th day following the receipt
22of the hearing request by the non-requesting party (or as
23properly extended by order of the hearing officer) to resolve
24the issues underlying the request, at which time the timeline
25for completion of the impartial due process hearing shall
26commence. The State Board of Education may, by rule, establish

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1additional procedures for the conduct of resolution meetings.
2 (g-25) If mutually agreed to in writing, the parties to a
3hearing request may request State-sponsored mediation as a
4substitute for the resolution process described in subsection
5(g-20) of this Section or may utilize mediation at the close of
6the resolution process if all issues underlying the hearing
7request have not been resolved through the resolution process.
8 (g-30) If mutually agreed to in writing, the parties to a
9hearing request may waive the resolution process described in
10subsection (g-20) of this Section. Upon signing a written
11agreement to waive the resolution process, the parties shall be
12required to forward the written waiver to the hearing officer
13appointed to the case within 2 business days following the
14signing of the waiver by the parties. The timeline for the
15impartial due process hearing shall commence on the date of the
16signing of the waiver by the parties.
17 (g-35) The timeline for completing the impartial due
18process hearing, as set forth in subsection (h) of this
19Section, shall be initiated upon the occurrence of any one of
20the following events:
21 (1) The unsuccessful completion of the resolution
22 process as described in subsection (g-20) of this Section.
23 (2) The mutual agreement of the parties to waive the
24 resolution process as described in subsection (g-25) or
25 (g-30) of this Section.
26 (g-40) The hearing officer shall convene a prehearing

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1conference no later than 14 days before the scheduled date for
2the due process hearing for the general purpose of aiding in
3the fair, orderly, and expeditious conduct of the hearing. The
4hearing officer shall provide the parties with written notice
5of the prehearing conference at least 7 days in advance of the
6conference. The written notice shall require the parties to
7notify the hearing officer by a date certain whether they
8intend to participate in the prehearing conference. The hearing
9officer may conduct the prehearing conference in person or by
10telephone. Each party shall at the prehearing conference (1)
11disclose whether it is represented by legal counsel or intends
12to retain legal counsel; (2) clarify matters it believes to be
13in dispute in the case and the specific relief being sought;
14(3) disclose whether there are any additional evaluations for
15the student that it intends to introduce into the hearing
16record that have not been previously disclosed to the other
17parties; (4) disclose a list of all documents it intends to
18introduce into the hearing record, including the date and a
19brief description of each document; and (5) disclose the names
20of all witnesses it intends to call to testify at the hearing.
21The hearing officer shall specify the order of presentation to
22be used at the hearing. If the prehearing conference is held by
23telephone, the parties shall transmit the information required
24in this paragraph in such a manner that it is available to all
25parties at the time of the prehearing conference. The State
26Board of Education may, by rule, establish additional

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1procedures for the conduct of prehearing conferences.
2 (g-45) The impartial due process hearing officer shall not
3initiate or participate in any ex parte communications with the
4parties, except to arrange the date, time, and location of the
5prehearing conference, due process hearing, or other status
6conferences convened at the discretion of the hearing officer
7and to receive confirmation of whether a party intends to
8participate in the prehearing conference.
9 (g-50) The parties shall disclose and provide to each other
10any evidence which they intend to submit into the hearing
11record no later than 5 days before the hearing. Any party to a
12hearing has the right to prohibit the introduction of any
13evidence at the hearing that has not been disclosed to that
14party at least 5 days before the hearing. The party requesting
15a hearing shall not be permitted at the hearing to raise issues
16that were not raised in the party's initial or amended request,
17unless otherwise permitted in this Section.
18 (g-55) All reasonable efforts must be made by the parties
19to present their respective cases at the hearing within a
20cumulative period of 7 days. When scheduling hearing dates, the
21hearing officer shall schedule the final day of the hearing no
22more than 30 calendar days after the first day of the hearing
23unless good cause is shown. This subsection (g-55) shall not be
24applied in a manner that (i) denies any party to the hearing a
25fair and reasonable allocation of time and opportunity to
26present its case in its entirety or (ii) deprives any party to

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1the hearing of the safeguards accorded under the federal
2Individuals with Disabilities Education Improvement Act of
32004 (Public Law 108-446), regulations promulgated under the
4Individuals with Disabilities Education Improvement Act of
52004, or any other applicable law. The school district shall
6present evidence that the special education needs of the child
7have been appropriately identified and that the special
8education program and related services proposed to meet the
9needs of the child are adequate, appropriate, and available.
10Any party to the hearing shall have the right to (1) be
11represented by counsel and be accompanied and advised by
12individuals with special knowledge or training with respect to
13the problems of children with disabilities, at the party's own
14expense; (2) present evidence and confront and cross-examine
15witnesses; (3) move for the exclusion of witnesses from the
16hearing until they are called to testify, provided, however,
17that this provision may not be invoked to exclude the
18individual designated by a party to assist that party or its
19representative in the presentation of the case; (4) obtain a
20written or electronic verbatim record of the proceedings within
2130 days of receipt of a written request from the parents by the
22school district; and (5) obtain a written decision, including
23findings of fact and conclusions of law, within 10 days after
24the conclusion of the hearing. If at issue, the school district
25shall present evidence that it has properly identified and
26evaluated the nature and severity of the student's suspected or

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1identified disability and that, if the student has been or
2should have been determined eligible for special education and
3related services, that it is providing or has offered a free
4appropriate public education to the student in the least
5restrictive environment, consistent with procedural safeguards
6and in accordance with an individualized educational program.
7At any time prior to the conclusion of the hearing, the
8impartial due process hearing officer shall have the authority
9to require additional information and order independent
10evaluations for the student at the expense of the school
11district. The State Board of Education and the school district
12shall share equally the costs of providing a written or
13electronic verbatim record of the proceedings. Any party may
14request that the due process hearing officer issue a subpoena
15to compel the testimony of witnesses or the production of
16documents relevant to the resolution of the hearing. Whenever a
17person refuses to comply with any subpoena issued under this
18Section, the circuit court of the county in which that hearing
19is pending, on application of the impartial hearing officer or
20the party requesting the issuance of the subpoena, may compel
21compliance through the contempt powers of the court in the same
22manner as if the requirements of a subpoena issued by the court
23had been disobeyed.
24 (h) The impartial hearing officer shall issue a written
25decision, including findings of fact and conclusions of law,
26within 10 days after the conclusion of the hearing and send by

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1certified mail a copy of the decision to the parents or student
2(if the student requests the hearing), the school district, the
3director of special education, legal representatives of the
4parties, and the State Board of Education. Unless the hearing
5officer has granted specific extensions of time at the request
6of a party, a final decision, including the clarification of a
7decision requested under this subsection, shall be reached and
8mailed to the parties named above not later than 45 days after
9the initiation of the timeline for conducting the hearing, as
10described in subsection (g-35) of this Section. The decision
11shall specify the educational and related services that shall
12be provided to the student in accordance with the student's
13needs and the timeline for which the school district shall
14submit evidence to the State Board of Education to demonstrate
15compliance with the hearing officer's decision in the event
16that the decision orders the school district to undertake
17corrective action. The hearing officer shall retain
18jurisdiction for the sole purpose of considering a request for
19clarification of the final decision submitted in writing by a
20party to the impartial hearing officer within 5 days after
21receipt of the decision. A copy of the request for
22clarification shall specify the portions of the decision for
23which clarification is sought and shall be mailed to all
24parties of record and to the State Board of Education. The
25request shall operate to stay implementation of those portions
26of the decision for which clarification is sought, pending

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1action on the request by the hearing officer, unless the
2parties otherwise agree. The hearing officer shall issue a
3clarification of the specified portion of the decision or issue
4a partial or full denial of the request in writing within 10
5days of receipt of the request and mail copies to all parties
6to whom the decision was mailed. This subsection does not
7permit a party to request, or authorize a hearing officer to
8entertain, reconsideration of the decision itself. The statute
9of limitations for seeking review of the decision shall be
10tolled from the date the request is submitted until the date
11the hearing officer acts upon the request. The hearing
12officer's decision shall be binding upon the school district
13and the parents unless a civil action is commenced.
14 (i) Any party to an impartial due process hearing aggrieved
15by the final written decision of the impartial due process
16hearing officer shall have the right to commence a civil action
17with respect to the issues presented in the impartial due
18process hearing. That civil action shall be brought in any
19court of competent jurisdiction within 120 days after a copy of
20the decision of the impartial due process hearing officer is
21mailed to the party as provided in subsection (h). The civil
22action authorized by this subsection shall not be exclusive of
23any rights or causes of action otherwise available. The
24commencement of a civil action under this subsection shall
25operate as a supersedeas. In any action brought under this
26subsection the Court shall receive the records of the impartial

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1due process hearing, shall hear additional evidence at the
2request of a party, and, basing its decision on the
3preponderance of the evidence, shall grant such relief as the
4court determines is appropriate. In any instance where a school
5district willfully disregards applicable regulations or
6statutes regarding a child covered by this Article, and which
7disregard has been detrimental to the child, the school
8district shall be liable for any reasonable attorney's fees
9incurred by the parent in connection with proceedings under
10this Section.
11 (j) During the pendency of any administrative or judicial
12proceeding conducted pursuant to this Section, including
13mediation (if the school district or other public entity
14voluntarily agrees to participate in mediation), unless the
15school district and the parents or student (if at least 18
16years of age or emancipated) otherwise agree, the student shall
17remain in his or her present educational placement and continue
18in his or her present eligibility status and special education
19and related services, if any. If mediation fails to resolve the
20dispute between the parties, the parent (or student if 18 years
21of age or older or emancipated) shall have 10 days after the
22mediation concludes to file a request for a due process hearing
23in order to continue to invoke the "stay-put" provisions of
24this subsection (j). If applying for initial admission to the
25school district, the student shall, with the consent of the
26parents (if the student is not at least 18 years of age or

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1emancipated), be placed in the school district program until
2all such proceedings have been completed. The costs for any
3special education and related services or placement incurred
4following 60 school days after the initial request for
5evaluation shall be borne by the school district if the
6services or placement is in accordance with the final
7determination as to the special education and related services
8or placement that must be provided to the child, provided that
9during that 60 day period there have been no delays caused by
10the child's parent.
11 (k) Whenever the parents of a child of the type described
12in Section 14-1.02 are not known, are unavailable, or the child
13is a youth in care as defined in Section 4d of the Children and
14Family Services Act ward of the State, a person shall be
15assigned to serve as surrogate parent for the child in matters
16relating to the identification, evaluation, and educational
17placement of the child and the provision of a free appropriate
18public education to the child. Persons shall be assigned as
19surrogate parents by the State Superintendent of Education. The
20State Board of Education shall promulgate rules and regulations
21establishing qualifications of those persons and their
22responsibilities and the procedures to be followed in making
23assignments of persons as surrogate parents. Surrogate parents
24shall not be employees of the school district, an agency
25created by joint agreement under Section 10-22.31, an agency
26involved in the education or care of the student, or the State

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1Board of Education. Services of any person assigned as
2surrogate parent shall terminate if the parent becomes
3available unless otherwise requested by the parents. The
4assignment of a person as surrogate parent at no time
5supersedes, terminates, or suspends the parents' legal
6authority relative to the child. Any person participating in
7good faith as surrogate parent on behalf of the child before
8school officials or a hearing officer shall have immunity from
9civil or criminal liability that otherwise might result by
10reason of that participation, except in cases of willful and
11wanton misconduct.
12 (l) At all stages of the hearing the hearing officer shall
13require that interpreters be made available by the school
14district for persons who are deaf or for persons whose normally
15spoken language is other than English.
16 (m) If any provision of this Section or its application to
17any person or circumstance is held invalid, the invalidity of
18that provision or application does not affect other provisions
19or applications of the Section that can be given effect without
20the invalid application or provision, and to this end the
21provisions of this Section are severable, unless otherwise
22provided by this Section.
23(Source: P.A. 98-383, eff. 8-16-13.)
24 Section 55. The Child Care Act of 1969 is amended by
25changing Sections 2.31 and 7.3 and by adding Section 2.01b as

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1follows:
2 (225 ILCS 10/2.01b new)
3 Sec. 2.01b. Youth in care. "Youth in care" has the meaning
4ascribed to that term in Section 4d of the Children and Family
5Services Act.
6 (225 ILCS 10/2.31)
7 Sec. 2.31. Secondary placement. "Secondary placement"
8means a placement, including but not limited to the placement
9of a youth in care ward of the Department, that occurs after a
10placement disruption or adoption dissolution. "Secondary
11placement" does not mean secondary placements arising due to
12the death of the adoptive parent of the child.
13(Source: P.A. 99-49, eff. 7-15-15.)
14 (225 ILCS 10/7.3)
15 Sec. 7.3. Children placed by private child welfare agency.
16 (a) Before placing a child who is a youth in care ward of
17the Department in a foster family home, a private child welfare
18agency must ascertain (i) whether any other children who are
19youth in care wards of the Department have been placed in that
20home and (ii) whether every such child who has been placed in
21that home continues to reside in that home, unless the child
22has been transferred to another placement or is no longer a
23youth in care ward of the Department. The agency must keep a

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1record of every other child welfare agency that has placed such
2a child in that foster family home; the record must include the
3name and telephone number of a contact person at each such
4agency.
5 (b) At least once every 30 days, a private child welfare
6agency that places youth in care wards of the Department in
7foster family homes must make a site visit to every such home
8where it has placed a youth in care ward. The purpose of the
9site visit is to verify that the child continues to reside in
10that home and to verify the child's safety and well-being. The
11agency must document the verification in its records. If a
12private child welfare agency fails to comply with the
13requirements of this subsection, the Department must suspend
14all payments to the agency until the agency complies.
15 (c) The Department must periodically (but no less often
16than once every 6 months) review the child placement records of
17each private child welfare agency that places youth in care
18wards of the Department.
19 (d) If a child placed in a foster family home is missing,
20the foster parent must promptly report that fact to the
21Department or to the child welfare agency that placed the child
22in the home. If the foster parent fails to make such a report,
23the Department shall put the home on hold for the placement of
24other children and initiate corrective action that may include
25revocation of the foster parent's license to operate the foster
26family home. A foster parent who knowingly and willfully fails

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1to report a missing foster child under this subsection is
2guilty of a Class A misdemeanor.
3 (e) If a private child welfare agency determines that a
4youth in care ward of the Department whom it has placed in a
5foster family home no longer resides in that home, the agency
6must promptly report that fact to the Department. If the agency
7fails to make such a report, the Department shall put the
8agency on hold for the placement of other children and initiate
9corrective action that may include revocation of the agency's
10license.
11 (f) When a child is missing from a foster home, the
12Department or private agency in charge of case management shall
13report regularly to the foster parent concerning efforts to
14locate the missing child.
15 (g) The Department must strive to account for the status
16and whereabouts of every one of its youth in care wards who it
17determines is not residing in the authorized placement in which
18he or she was placed.
19(Source: P.A. 93-343, eff. 7-24-03.)
20 Section 60. The Early Intervention Services System Act is
21amended by changing Section 12 as follows:
22 (325 ILCS 20/12) (from Ch. 23, par. 4162)
23 Sec. 12. Procedural safeguards. The lead agency shall adopt
24procedural safeguards that meet federal requirements and

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1ensure effective implementation of the safeguards for families
2by each public agency involved in the provision of early
3intervention services under this Act.
4 The procedural safeguards shall provide, at a minimum, the
5following:
6 (a) The timely administrative resolution of State
7 complaints, due process hearings, and mediations as
8 defined by administrative rule.
9 (b) The right to confidentiality of personally
10 identifiable information.
11 (c) The opportunity for parents and a guardian to
12 examine and receive copies of records relating to
13 evaluations and assessments, screening, eligibility
14 determinations, and the development and implementation of
15 the Individualized Family Service Plan provision of early
16 intervention services, individual complaints involving the
17 child, or any part of the child's early intervention
18 record.
19 (d) Procedures to protect the rights of the eligible
20 infant or toddler whenever the parents or guardians of the
21 child are not known or unavailable or the child is a youth
22 in care as defined in Section 4d of the Children and Family
23 Services Act ward of the State, including the assignment of
24 an individual (who shall not be an employee of the State
25 agency or local agency providing services) to act as a
26 surrogate for the parents or guardian. The regional intake

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1 entity must make reasonable efforts to ensure the
2 assignment of a surrogate parent not more than 30 days
3 after a public agency determines that the child needs a
4 surrogate parent.
5 (e) Timely written prior notice to the parents or
6 guardian of the eligible infant or toddler whenever the
7 State agency or public or private service provider proposes
8 to initiate or change or refuses to initiate or change the
9 identification, evaluation, placement, or the provision of
10 appropriate early intervention services to the eligible
11 infant or toddler.
12 (f) Written prior notice to fully inform the parents or
13 guardians, in their native language or mode of
14 communication used by the parent, unless clearly not
15 feasible to do so, in a comprehensible manner, of these
16 procedural safeguards.
17 (g) During the pendency of any State complaint
18 procedure, due process hearing, or mediation involving a
19 complaint, unless the State agency and the parents or
20 guardian otherwise agree, the child shall continue to
21 receive the appropriate early intervention services
22 currently being provided, or in the case of an application
23 for initial services, the child shall receive the services
24 not in dispute.
25(Source: P.A. 98-41, eff. 6-28-13; 98-802, eff. 8-1-14.)

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1 Section 65. The High Risk Youth Career Development Act is
2amended by changing Section 1 as follows:
3 (325 ILCS 25/1) (from Ch. 23, par. 6551)
4 Sec. 1. The Department of Human Services (acting as
5successor to the Illinois Department of Public Aid under the
6Department of Human Services Act), in cooperation with the
7Department of Commerce and Economic Opportunity, the Illinois
8State Board of Education, the Department of Children and Family
9Services, the Department of Employment Services and other
10appropriate State and local agencies, may establish and
11administer, on an experimental basis and subject to
12appropriation, community-based programs providing
13comprehensive, long-term intervention strategies to increase
14future employability and career development among high risk
15youth. The Department of Human Services, and the other
16cooperating agencies, shall establish provisions for community
17involvement in the design, development, implementation and
18administration of these programs. The programs may provide the
19following services: teaching of basic literacy and remedial
20reading and writing; vocational training programs which are
21realistic in terms of producing lifelong skills necessary for
22career development; and supportive services including
23transportation and child care during the training period and
24for up to one year after placement in a job. The programs shall
25be targeted to high risk youth residing in the geographic areas

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1served by the respective programs. "High risk" means that a
2person is at least 16 years of age but not yet 21 years of age
3and possesses one or more of the following characteristics:
4 (1) has a Has low income;
5 (2) is Is a member of a minority;
6 (3) is Is illiterate;
7 (4) is Is a school dropout drop out;
8 (5) is Is homeless;
9 (6) is Is a person with a disability;
10 (7) is Is a parent; or
11 (8) is Is a youth in care as defined in Section 4d of the
12Children and Family Services Act ward of the State.
13 The Department of Human Services and other cooperating
14State agencies shall promulgate rules and regulations,
15pursuant to the Illinois Administrative Procedure Act, for the
16implementation of this Act, including procedures and standards
17for determining whether a person possesses any of the
18characteristics specified in this Section.
19(Source: P.A. 99-143, eff. 7-27-15.)
20 Section 70. The Safeguard Our Children Act is amended by
21changing Section 10 as follows:
22 (325 ILCS 58/10)
23 Sec. 10. Duty to report. Any child or person in the care of
24the Department who is placed in a residential facility under

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1contract with the Department pursuant to the Children and
2Family Services Act shall be reported as missing to the local
3law enforcement agency within whose jurisdiction the facility
4is located, if:
5 (1) there is no contact between an employee of the
6 residential facility and the child or person within a
7 period of 12 hours; and
8 (2) the child or person is absent from the residential
9 facility without prior approval.
10 The operator of the residential facility shall inform the
11child's or person's caseworker that the child or person has
12been reported as missing to the appropriate local law
13enforcement agency. The operator of the residential facility
14shall also report the child or person as missing to the
15National Center for Missing and Exploited Children and shall
16make a subsequent telephone notification to the sheriff of the
17county in which the residential facility is located.
18 The operator of the residential facility making the missing
19person persons report to the local law enforcement agency
20within whose jurisdiction the facility is located shall report
21that the missing person is a youth in care as defined in
22Section 4d of the Children and Family Services Act ward of the
23Department and shall inform the law enforcement agency taking
24the report to include the following statement within the
25missing persons report, in the field of the Law Enforcement
26Agencies Data System (LEADS) known as "Miscellaneous":

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1 "This individual is a youth in the care ward of the
2 Illinois Department of Children and Family Services (DCFS)
3 and, regardless of age, shall be released only to the
4 custody of DCFS. Contact the 24-hour hotline:
5 866.503.0184."
6(Source: P.A. 99-351, eff. 1-1-16.)
7 Section 75. The Mental Health and Developmental
8Disabilities Code is amended by changing Section 3-503 as
9follows:
10 (405 ILCS 5/3-503) (from Ch. 91 1/2, par. 3-503)
11 Sec. 3-503. Admission on application of parent or guardian.
12 (a) Any minor may be admitted to a mental health facility
13for inpatient treatment upon application to the facility
14director, if the facility director finds that the minor has a
15mental illness or emotional disturbance of such severity that
16hospitalization is necessary and that the minor is likely to
17benefit from inpatient treatment. Except in cases of admission
18under Section 3-504, prior to admission, a psychiatrist,
19clinical social worker, clinical professional counselor, or
20clinical psychologist who has personally examined the minor
21shall state in writing that the minor meets the standard for
22admission. The statement shall set forth in detail the reasons
23for that conclusion and shall indicate what alternatives to
24hospitalization have been explored.

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1 (b) The application may be executed by a parent or guardian
2or, in the absence of a parent or guardian, by a person in loco
3parentis. Application may be made for a minor who is a youth in
4care as defined in Section 4d of the Children and Family
5Services Act ward of the State by the Department of Children
6and Family Services or by the Department of Corrections.
7(Source: P.A. 95-804, eff. 8-12-08.)
8 Section 80. The Juvenile Court Act of 1987 is amended by
9changing Sections 2-10, 3-12, 3-21, 3-24, 4-9, 4-18, 4-21,
105-615, and 5-715 as follows:
11 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
12 Sec. 2-10. Temporary custody hearing. At the appearance of
13the minor before the court at the temporary custody hearing,
14all witnesses present shall be examined before the court in
15relation to any matter connected with the allegations made in
16the petition.
17 (1) If the court finds that there is not probable cause to
18believe that the minor is abused, neglected or dependent it
19shall release the minor and dismiss the petition.
20 (2) If the court finds that there is probable cause to
21believe that the minor is abused, neglected or dependent, the
22court shall state in writing the factual basis supporting its
23finding and the minor, his or her parent, guardian, custodian
24and other persons able to give relevant testimony shall be

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1examined before the court. The Department of Children and
2Family Services shall give testimony concerning indicated
3reports of abuse and neglect, of which they are aware of
4through the central registry, involving the minor's parent,
5guardian or custodian. After such testimony, the court may,
6consistent with the health, safety and best interests of the
7minor, enter an order that the minor shall be released upon the
8request of parent, guardian or custodian if the parent,
9guardian or custodian appears to take custody. If it is
10determined that a parent's, guardian's, or custodian's
11compliance with critical services mitigates the necessity for
12removal of the minor from his or her home, the court may enter
13an Order of Protection setting forth reasonable conditions of
14behavior that a parent, guardian, or custodian must observe for
15a specified period of time, not to exceed 12 months, without a
16violation; provided, however, that the 12-month period shall
17begin anew after any violation. "Custodian" includes the
18Department of Children and Family Services, if it has been
19given custody of the child, or any other agency of the State
20which has been given custody or wardship of the child.
21Custodian shall include any agency of the State which has been
22given custody or wardship of the child. If it is consistent
23with the health, safety and best interests of the minor, the
24court may also prescribe shelter care and order that the minor
25be kept in a suitable place designated by the court or in a
26shelter care facility designated by the Department of Children

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1and Family Services or a licensed child welfare agency;
2however, on and after January 1, 2015 (the effective date of
3Public Act 98-803) and before January 1, 2017, a minor charged
4with a criminal offense under the Criminal Code of 1961 or the
5Criminal Code of 2012 or adjudicated delinquent shall not be
6placed in the custody of or committed to the Department of
7Children and Family Services by any court, except a minor less
8than 16 years of age and committed to the Department of
9Children and Family Services under Section 5-710 of this Act or
10a minor for whom an independent basis of abuse, neglect, or
11dependency exists; and on and after January 1, 2017, a minor
12charged with a criminal offense under the Criminal Code of 1961
13or the Criminal Code of 2012 or adjudicated delinquent shall
14not be placed in the custody of or committed to the Department
15of Children and Family Services by any court, except a minor
16less than 15 years of age and committed to the Department of
17Children and Family Services under Section 5-710 of this Act or
18a minor for whom an independent basis of abuse, neglect, or
19dependency exists. An independent basis exists when the
20allegations or adjudication of abuse, neglect, or dependency do
21not arise from the same facts, incident, or circumstances which
22give rise to a charge or adjudication of delinquency.
23 In placing the minor, the Department or other agency shall,
24to the extent compatible with the court's order, comply with
25Section 7 of the Children and Family Services Act. In
26determining the health, safety and best interests of the minor

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1to prescribe shelter care, the court must find that it is a
2matter of immediate and urgent necessity for the safety and
3protection of the minor or of the person or property of another
4that the minor be placed in a shelter care facility or that he
5or she is likely to flee the jurisdiction of the court, and
6must further find that reasonable efforts have been made or
7that, consistent with the health, safety and best interests of
8the minor, no efforts reasonably can be made to prevent or
9eliminate the necessity of removal of the minor from his or her
10home. The court shall require documentation from the Department
11of Children and Family Services as to the reasonable efforts
12that were made to prevent or eliminate the necessity of removal
13of the minor from his or her home or the reasons why no efforts
14reasonably could be made to prevent or eliminate the necessity
15of removal. When a minor is placed in the home of a relative,
16the Department of Children and Family Services shall complete a
17preliminary background review of the members of the minor's
18custodian's household in accordance with Section 4.3 of the
19Child Care Act of 1969 within 90 days of that placement. If the
20minor is ordered placed in a shelter care facility of the
21Department of Children and Family Services or a licensed child
22welfare agency, the court shall, upon request of the
23appropriate Department or other agency, appoint the Department
24of Children and Family Services Guardianship Administrator or
25other appropriate agency executive temporary custodian of the
26minor and the court may enter such other orders related to the

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1temporary custody as it deems fit and proper, including the
2provision of services to the minor or his family to ameliorate
3the causes contributing to the finding of probable cause or to
4the finding of the existence of immediate and urgent necessity.
5 Where the Department of Children and Family Services
6Guardianship Administrator is appointed as the executive
7temporary custodian, the Department of Children and Family
8Services shall file with the court and serve on the parties a
9parent-child visiting plan, within 10 days, excluding weekends
10and holidays, after the appointment. The parent-child visiting
11plan shall set out the time and place of visits, the frequency
12of visits, the length of visits, who shall be present at the
13visits, and where appropriate, the minor's opportunities to
14have telephone and mail communication with the parents.
15 Where the Department of Children and Family Services
16Guardianship Administrator is appointed as the executive
17temporary custodian, and when the child has siblings in care,
18the Department of Children and Family Services shall file with
19the court and serve on the parties a sibling placement and
20contact plan within 10 days, excluding weekends and holidays,
21after the appointment. The sibling placement and contact plan
22shall set forth whether the siblings are placed together, and
23if they are not placed together, what, if any, efforts are
24being made to place them together. If the Department has
25determined that it is not in a child's best interest to be
26placed with a sibling, the Department shall document in the

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1sibling placement and contact plan the basis for its
2determination. For siblings placed separately, the sibling
3placement and contact plan shall set the time and place for
4visits, the frequency of the visits, the length of visits, who
5shall be present for the visits, and where appropriate, the
6child's opportunities to have contact with their siblings in
7addition to in person contact. If the Department determines it
8is not in the best interest of a sibling to have contact with a
9sibling, the Department shall document in the sibling placement
10and contact plan the basis for its determination. The sibling
11placement and contact plan shall specify a date for development
12of the Sibling Contact Support Plan, under subsection (f) of
13Section 7.4 of the Children and Family Services Act, and shall
14remain in effect until the Sibling Contact Support Plan is
15developed.
16 For good cause, the court may waive the requirement to file
17the parent-child visiting plan or the sibling placement and
18contact plan, or extend the time for filing either plan. Any
19party may, by motion, request the court to review the
20parent-child visiting plan to determine whether it is
21reasonably calculated to expeditiously facilitate the
22achievement of the permanency goal. A party may, by motion,
23request the court to review the parent-child visiting plan or
24the sibling placement and contact plan to determine whether it
25is consistent with the minor's best interest. The court may
26refer the parties to mediation where available. The frequency,

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1duration, and locations of visitation shall be measured by the
2needs of the child and family, and not by the convenience of
3Department personnel. Child development principles shall be
4considered by the court in its analysis of how frequent
5visitation should be, how long it should last, where it should
6take place, and who should be present. If upon motion of the
7party to review either plan and after receiving evidence, the
8court determines that the parent-child visiting plan is not
9reasonably calculated to expeditiously facilitate the
10achievement of the permanency goal or that the restrictions
11placed on parent-child contact or sibling placement or contact
12are contrary to the child's best interests, the court shall put
13in writing the factual basis supporting the determination and
14enter specific findings based on the evidence. The court shall
15enter an order for the Department to implement changes to the
16parent-child visiting plan or sibling placement or contact
17plan, consistent with the court's findings. At any stage of
18proceeding, any party may by motion request the court to enter
19any orders necessary to implement the parent-child visiting
20plan, sibling placement or contact plan or subsequently
21developed Sibling Contact Support Plan. Nothing under this
22subsection (2) shall restrict the court from granting
23discretionary authority to the Department to increase
24opportunities for additional parent-child contacts or sibling
25contacts, without further court orders. Nothing in this
26subsection (2) shall restrict the Department from immediately

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1restricting or terminating parent-child contact or sibling
2contacts, without either amending the parent-child visiting
3plan or the sibling contact plan or obtaining a court order,
4where the Department or its assigns reasonably believe that
5continuation of the contact, as set out in the plan, would be
6contrary to the child's health, safety, and welfare. The
7Department shall file with the court and serve on the parties
8any amendments to the plan within 10 days, excluding weekends
9and holidays, of the change of the visitation.
10 Acceptance of services shall not be considered an admission
11of any allegation in a petition made pursuant to this Act, nor
12may a referral of services be considered as evidence in any
13proceeding pursuant to this Act, except where the issue is
14whether the Department has made reasonable efforts to reunite
15the family. In making its findings that it is consistent with
16the health, safety and best interests of the minor to prescribe
17shelter care, the court shall state in writing (i) the factual
18basis supporting its findings concerning the immediate and
19urgent necessity for the protection of the minor or of the
20person or property of another and (ii) the factual basis
21supporting its findings that reasonable efforts were made to
22prevent or eliminate the removal of the minor from his or her
23home or that no efforts reasonably could be made to prevent or
24eliminate the removal of the minor from his or her home. The
25parents, guardian, custodian, temporary custodian and minor
26shall each be furnished a copy of such written findings. The

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1temporary custodian shall maintain a copy of the court order
2and written findings in the case record for the child. The
3order together with the court's findings of fact in support
4thereof shall be entered of record in the court.
5 Once the court finds that it is a matter of immediate and
6urgent necessity for the protection of the minor that the minor
7be placed in a shelter care facility, the minor shall not be
8returned to the parent, custodian or guardian until the court
9finds that such placement is no longer necessary for the
10protection of the minor.
11 If the child is placed in the temporary custody of the
12Department of Children and Family Services for his or her
13protection, the court shall admonish the parents, guardian,
14custodian or responsible relative that the parents must
15cooperate with the Department of Children and Family Services,
16comply with the terms of the service plans, and correct the
17conditions which require the child to be in care, or risk
18termination of their parental rights. The court shall ensure,
19by inquiring in open court of each parent, guardian, custodian
20or responsible relative, that the parent, guardian, custodian
21or responsible relative has had the opportunity to provide the
22Department with all known names, addresses, and telephone
23numbers of each of the minor's living maternal and paternal
24adult relatives, including, but not limited to, grandparents,
25aunts, uncles, and siblings. The court shall advise the
26parents, guardian, custodian or responsible relative to inform

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1the Department if additional information regarding the minor's
2adult relatives becomes available.
3 (3) If prior to the shelter care hearing for a minor
4described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
5unable to serve notice on the party respondent, the shelter
6care hearing may proceed ex parte. A shelter care order from an
7ex parte hearing shall be endorsed with the date and hour of
8issuance and shall be filed with the clerk's office and entered
9of record. The order shall expire after 10 days from the time
10it is issued unless before its expiration it is renewed, at a
11hearing upon appearance of the party respondent, or upon an
12affidavit of the moving party as to all diligent efforts to
13notify the party respondent by notice as herein prescribed. The
14notice prescribed shall be in writing and shall be personally
15delivered to the minor or the minor's attorney and to the last
16known address of the other person or persons entitled to
17notice. The notice shall also state the nature of the
18allegations, the nature of the order sought by the State,
19including whether temporary custody is sought, and the
20consequences of failure to appear and shall contain a notice
21that the parties will not be entitled to further written
22notices or publication notices of proceedings in this case,
23including the filing of an amended petition or a motion to
24terminate parental rights, except as required by Supreme Court
25Rule 11; and shall explain the right of the parties and the
26procedures to vacate or modify a shelter care order as provided

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1in this Section. The notice for a shelter care hearing shall be
2substantially as follows:
3
NOTICE TO PARENTS AND CHILDREN
4
OF SHELTER CARE HEARING
5 On ................ at ........., before the Honorable
6 ................, (address:) ................., the State
7 of Illinois will present evidence (1) that (name of child
8 or children) ....................... are abused, neglected
9 or dependent for the following reasons:
10 .............................................. and (2)
11 whether there is "immediate and urgent necessity" to remove
12 the child or children from the responsible relative.
13 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
14 PLACEMENT of the child or children in foster care until a
15 trial can be held. A trial may not be held for up to 90
16 days. You will not be entitled to further notices of
17 proceedings in this case, including the filing of an
18 amended petition or a motion to terminate parental rights.
19 At the shelter care hearing, parents have the following
20 rights:
21 1. To ask the court to appoint a lawyer if they
22 cannot afford one.
23 2. To ask the court to continue the hearing to
24 allow them time to prepare.
25 3. To present evidence concerning:
26 a. Whether or not the child or children were

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1 abused, neglected or dependent.
2 b. Whether or not there is "immediate and
3 urgent necessity" to remove the child from home
4 (including: their ability to care for the child,
5 conditions in the home, alternative means of
6 protecting the child other than removal).
7 c. The best interests of the child.
8 4. To cross examine the State's witnesses.
9 The Notice for rehearings shall be substantially as
10follows:
11
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
12
TO REHEARING ON TEMPORARY CUSTODY
13 If you were not present at and did not have adequate
14 notice of the Shelter Care Hearing at which temporary
15 custody of ............... was awarded to
16 ................, you have the right to request a full
17 rehearing on whether the State should have temporary
18 custody of ................. To request this rehearing,
19 you must file with the Clerk of the Juvenile Court
20 (address): ........................, in person or by
21 mailing a statement (affidavit) setting forth the
22 following:
23 1. That you were not present at the shelter care
24 hearing.
25 2. That you did not get adequate notice (explaining

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1 how the notice was inadequate).
2 3. Your signature.
3 4. Signature must be notarized.
4 The rehearing should be scheduled within 48 hours of
5 your filing this affidavit.
6 At the rehearing, your rights are the same as at the
7 initial shelter care hearing. The enclosed notice explains
8 those rights.
9 At the Shelter Care Hearing, children have the
10 following rights:
11 1. To have a guardian ad litem appointed.
12 2. To be declared competent as a witness and to
13 present testimony concerning:
14 a. Whether they are abused, neglected or
15 dependent.
16 b. Whether there is "immediate and urgent
17 necessity" to be removed from home.
18 c. Their best interests.
19 3. To cross examine witnesses for other parties.
20 4. To obtain an explanation of any proceedings and
21 orders of the court.
22 (4) If the parent, guardian, legal custodian, responsible
23relative, minor age 8 or over, or counsel of the minor did not
24have actual notice of or was not present at the shelter care
25hearing, he or she may file an affidavit setting forth these
26facts, and the clerk shall set the matter for rehearing not

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1later than 48 hours, excluding Sundays and legal holidays,
2after the filing of the affidavit. At the rehearing, the court
3shall proceed in the same manner as upon the original hearing.
4 (5) Only when there is reasonable cause to believe that the
5minor taken into custody is a person described in subsection
6(3) of Section 5-105 may the minor be kept or detained in a
7detention home or county or municipal jail. This Section shall
8in no way be construed to limit subsection (6).
9 (6) No minor under 16 years of age may be confined in a
10jail or place ordinarily used for the confinement of prisoners
11in a police station. Minors under 18 years of age must be kept
12separate from confined adults and may not at any time be kept
13in the same cell, room, or yard with adults confined pursuant
14to the criminal law.
15 (7) If the minor is not brought before a judicial officer
16within the time period as specified in Section 2-9, the minor
17must immediately be released from custody.
18 (8) If neither the parent, guardian or custodian appears
19within 24 hours to take custody of a minor released upon
20request pursuant to subsection (2) of this Section, then the
21clerk of the court shall set the matter for rehearing not later
22than 7 days after the original order and shall issue a summons
23directed to the parent, guardian or custodian to appear. At the
24same time the probation department shall prepare a report on
25the minor. If a parent, guardian or custodian does not appear
26at such rehearing, the judge may enter an order prescribing

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1that the minor be kept in a suitable place designated by the
2Department of Children and Family Services or a licensed child
3welfare agency.
4 (9) Notwithstanding any other provision of this Section any
5interested party, including the State, the temporary
6custodian, an agency providing services to the minor or family
7under a service plan pursuant to Section 8.2 of the Abused and
8Neglected Child Reporting Act, foster parent, or any of their
9representatives, on notice to all parties entitled to notice,
10may file a motion that it is in the best interests of the minor
11to modify or vacate a temporary custody order on any of the
12following grounds:
13 (a) It is no longer a matter of immediate and urgent
14 necessity that the minor remain in shelter care; or
15 (b) There is a material change in the circumstances of
16 the natural family from which the minor was removed and the
17 child can be cared for at home without endangering the
18 child's health or safety; or
19 (c) A person not a party to the alleged abuse, neglect
20 or dependency, including a parent, relative or legal
21 guardian, is capable of assuming temporary custody of the
22 minor; or
23 (d) Services provided by the Department of Children and
24 Family Services or a child welfare agency or other service
25 provider have been successful in eliminating the need for
26 temporary custody and the child can be cared for at home

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1 without endangering the child's health or safety.
2 In ruling on the motion, the court shall determine whether
3it is consistent with the health, safety and best interests of
4the minor to modify or vacate a temporary custody order.
5 The clerk shall set the matter for hearing not later than
614 days after such motion is filed. In the event that the court
7modifies or vacates a temporary custody order but does not
8vacate its finding of probable cause, the court may order that
9appropriate services be continued or initiated in behalf of the
10minor and his or her family.
11 (10) When the court finds or has found that there is
12probable cause to believe a minor is an abused minor as
13described in subsection (2) of Section 2-3 and that there is an
14immediate and urgent necessity for the abused minor to be
15placed in shelter care, immediate and urgent necessity shall be
16presumed for any other minor residing in the same household as
17the abused minor provided:
18 (a) Such other minor is the subject of an abuse or
19 neglect petition pending before the court; and
20 (b) A party to the petition is seeking shelter care for
21 such other minor.
22 Once the presumption of immediate and urgent necessity has
23been raised, the burden of demonstrating the lack of immediate
24and urgent necessity shall be on any party that is opposing
25shelter care for the other minor.
26 (11) The changes made to this Section by Public Act 98-61

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1apply to a minor who has been arrested or taken into custody on
2or after January 1, 2014 (the effective date of Public Act
398-61).
4(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 98-803,
5eff. 1-1-15; 99-625, eff. 1-1-17; 99-642, eff. 7-28-16.)
6 (705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
7 Sec. 3-12. Shelter care hearing. At the appearance of the
8minor before the court at the shelter care hearing, all
9witnesses present shall be examined before the court in
10relation to any matter connected with the allegations made in
11the petition.
12 (1) If the court finds that there is not probable cause to
13believe that the minor is a person requiring authoritative
14intervention, it shall release the minor and dismiss the
15petition.
16 (2) If the court finds that there is probable cause to
17believe that the minor is a person requiring authoritative
18intervention, the minor, his or her parent, guardian, custodian
19and other persons able to give relevant testimony shall be
20examined before the court. After such testimony, the court may
21enter an order that the minor shall be released upon the
22request of a parent, guardian or custodian if the parent,
23guardian or custodian appears to take custody. "Custodian"
24includes the Department of Children and Family Services, if it
25has been given custody of the child, or any other agency of the

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1State which has been given custody or wardship of the child.
2Custodian shall include any agency of the State which has been
3given custody or wardship of the child. The Court shall require
4documentation by representatives of the Department of Children
5and Family Services or the probation department as to the
6reasonable efforts that were made to prevent or eliminate the
7necessity of removal of the minor from his or her home, and
8shall consider the testimony of any person as to those
9reasonable efforts. If the court finds that it is a matter of
10immediate and urgent necessity for the protection of the minor
11or of the person or property of another that the minor be
12placed in a shelter care facility, or that he or she is likely
13to flee the jurisdiction of the court, and further finds that
14reasonable efforts have been made or good cause has been shown
15why reasonable efforts cannot prevent or eliminate the
16necessity of removal of the minor from his or her home, the
17court may prescribe shelter care and order that the minor be
18kept in a suitable place designated by the court or in a
19shelter care facility designated by the Department of Children
20and Family Services or a licensed child welfare agency;
21otherwise it shall release the minor from custody. If the court
22prescribes shelter care, then in placing the minor, the
23Department or other agency shall, to the extent compatible with
24the court's order, comply with Section 7 of the Children and
25Family Services Act. If the minor is ordered placed in a
26shelter care facility of the Department of Children and Family

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1Services or a licensed child welfare agency, the court shall,
2upon request of the Department or other agency, appoint the
3Department of Children and Family Services Guardianship
4Administrator or other appropriate agency executive temporary
5custodian of the minor and the court may enter such other
6orders related to the temporary custody as it deems fit and
7proper, including the provision of services to the minor or his
8family to ameliorate the causes contributing to the finding of
9probable cause or to the finding of the existence of immediate
10and urgent necessity. Acceptance of services shall not be
11considered an admission of any allegation in a petition made
12pursuant to this Act, nor may a referral of services be
13considered as evidence in any proceeding pursuant to this Act,
14except where the issue is whether the Department has made
15reasonable efforts to reunite the family. In making its
16findings that reasonable efforts have been made or that good
17cause has been shown why reasonable efforts cannot prevent or
18eliminate the necessity of removal of the minor from his or her
19home, the court shall state in writing its findings concerning
20the nature of the services that were offered or the efforts
21that were made to prevent removal of the child and the apparent
22reasons that such services or efforts could not prevent the
23need for removal. The parents, guardian, custodian, temporary
24custodian and minor shall each be furnished a copy of such
25written findings. The temporary custodian shall maintain a copy
26of the court order and written findings in the case record for

HB3169 Enrolled- 121 -LRB100 00350 KTG 10354 b
1the child.
2 The order together with the court's findings of fact and
3support thereof shall be entered of record in the court.
4 Once the court finds that it is a matter of immediate and
5urgent necessity for the protection of the minor that the minor
6be placed in a shelter care facility, the minor shall not be
7returned to the parent, custodian or guardian until the court
8finds that such placement is no longer necessary for the
9protection of the minor.
10 (3) If prior to the shelter care hearing for a minor
11described in Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is
12unable to serve notice on the party respondent, the shelter
13care hearing may proceed ex parte. A shelter care order from an
14ex parte hearing shall be endorsed with the date and hour of
15issuance and shall be filed with the clerk's office and entered
16of record. The order shall expire after 10 days from the time
17it is issued unless before its expiration it is renewed, at a
18hearing upon appearance of the party respondent, or upon an
19affidavit of the moving party as to all diligent efforts to
20notify the party respondent by notice as herein prescribed. The
21notice prescribed shall be in writing and shall be personally
22delivered to the minor or the minor's attorney and to the last
23known address of the other person or persons entitled to
24notice. The notice shall also state the nature of the
25allegations, the nature of the order sought by the State,
26including whether temporary custody is sought, and the

HB3169 Enrolled- 122 -LRB100 00350 KTG 10354 b
1consequences of failure to appear; and shall explain the right
2of the parties and the procedures to vacate or modify a shelter
3care order as provided in this Section. The notice for a
4shelter care hearing shall be substantially as follows:
5
NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
6 On ................ at ........., before the Honorable
7................, (address:) ................., the State of
8Illinois will present evidence (1) that (name of child or
9children) ....................... are abused, neglected or
10dependent for the following reasons:
11.............................................................
12and (2) that there is "immediate and urgent necessity" to
13remove the child or children from the responsible relative.
14 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
15PLACEMENT of the child or children in foster care until a trial
16can be held. A trial may not be held for up to 90 days.
17 At the shelter care hearing, parents have the following
18rights:
19 1. To ask the court to appoint a lawyer if they cannot
20 afford one.
21 2. To ask the court to continue the hearing to allow
22 them time to prepare.
23 3. To present evidence concerning:
24 a. Whether or not the child or children were
25 abused, neglected or dependent.
26 b. Whether or not there is "immediate and urgent

HB3169 Enrolled- 123 -LRB100 00350 KTG 10354 b
1 necessity" to remove the child from home (including:
2 their ability to care for the child, conditions in the
3 home, alternative means of protecting the child other
4 than removal).
5 c. The best interests of the child.
6 4. To cross examine the State's witnesses.
7 The Notice for rehearings shall be substantially as
8follows:
9
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
10
TO REHEARING ON TEMPORARY CUSTODY
11 If you were not present at and did not have adequate notice
12of the Shelter Care Hearing at which temporary custody of
13............... was awarded to ................, you have the
14right to request a full rehearing on whether the State should
15have temporary custody of ................. To request this
16rehearing, you must file with the Clerk of the Juvenile Court
17(address): ........................, in person or by mailing a
18statement (affidavit) setting forth the following:
19 1. That you were not present at the shelter care
20 hearing.
21 2. That you did not get adequate notice (explaining how
22 the notice was inadequate).
23 3. Your signature.
24 4. Signature must be notarized.
25 The rehearing should be scheduled within one day of your
26filing this affidavit.

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1 At the rehearing, your rights are the same as at the
2initial shelter care hearing. The enclosed notice explains
3those rights.
4 At the Shelter Care Hearing, children have the following
5rights:
6 1. To have a guardian ad litem appointed.
7 2. To be declared competent as a witness and to present
8 testimony concerning:
9 a. Whether they are abused, neglected or
10 dependent.
11 b. Whether there is "immediate and urgent
12 necessity" to be removed from home.
13 c. Their best interests.
14 3. To cross examine witnesses for other parties.
15 4. To obtain an explanation of any proceedings and
16 orders of the court.
17 (4) If the parent, guardian, legal custodian, responsible
18relative, or counsel of the minor did not have actual notice of
19or was not present at the shelter care hearing, he or she may
20file an affidavit setting forth these facts, and the clerk
21shall set the matter for rehearing not later than 48 hours,
22excluding Sundays and legal holidays, after the filing of the
23affidavit. At the rehearing, the court shall proceed in the
24same manner as upon the original hearing.
25 (5) Only when there is reasonable cause to believe that the
26minor taken into custody is a person described in subsection

HB3169 Enrolled- 125 -LRB100 00350 KTG 10354 b
1(3) of Section 5-105 may the minor be kept or detained in a
2detention home or county or municipal jail. This Section shall
3in no way be construed to limit subsection (6).
4 (6) No minor under 16 years of age may be confined in a
5jail or place ordinarily used for the confinement of prisoners
6in a police station. Minors under 18 years of age must be kept
7separate from confined adults and may not at any time be kept
8in the same cell, room, or yard with adults confined pursuant
9to the criminal law.
10 (7) If the minor is not brought before a judicial officer
11within the time period specified in Section 3-11, the minor
12must immediately be released from custody.
13 (8) If neither the parent, guardian or custodian appears
14within 24 hours to take custody of a minor released upon
15request pursuant to subsection (2) of this Section, then the
16clerk of the court shall set the matter for rehearing not later
17than 7 days after the original order and shall issue a summons
18directed to the parent, guardian or custodian to appear. At the
19same time the probation department shall prepare a report on
20the minor. If a parent, guardian or custodian does not appear
21at such rehearing, the judge may enter an order prescribing
22that the minor be kept in a suitable place designated by the
23Department of Children and Family Services or a licensed child
24welfare agency.
25 (9) Notwithstanding any other provision of this Section,
26any interested party, including the State, the temporary

HB3169 Enrolled- 126 -LRB100 00350 KTG 10354 b
1custodian, an agency providing services to the minor or family
2under a service plan pursuant to Section 8.2 of the Abused and
3Neglected Child Reporting Act, foster parent, or any of their
4representatives, on notice to all parties entitled to notice,
5may file a motion to modify or vacate a temporary custody order
6on any of the following grounds:
7 (a) It is no longer a matter of immediate and urgent
8 necessity that the minor remain in shelter care; or
9 (b) There is a material change in the circumstances of
10 the natural family from which the minor was removed; or
11 (c) A person, including a parent, relative or legal
12 guardian, is capable of assuming temporary custody of the
13 minor; or
14 (d) Services provided by the Department of Children and
15 Family Services or a child welfare agency or other service
16 provider have been successful in eliminating the need for
17 temporary custody.
18 The clerk shall set the matter for hearing not later than
1914 days after such motion is filed. In the event that the court
20modifies or vacates a temporary custody order but does not
21vacate its finding of probable cause, the court may order that
22appropriate services be continued or initiated in behalf of the
23minor and his or her family.
24 (10) The changes made to this Section by Public Act 98-61
25apply to a minor who has been arrested or taken into custody on
26or after January 1, 2014 (the effective date of Public Act

HB3169 Enrolled- 127 -LRB100 00350 KTG 10354 b
198-61).
2(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-642,
3eff. 7-28-16.)
4 (705 ILCS 405/3-21) (from Ch. 37, par. 803-21)
5 Sec. 3-21. Continuance under supervision.
6 (1) The court may enter an order of continuance under
7supervision (a) upon an admission or stipulation by the
8appropriate respondent or minor respondent of the facts
9supporting the petition and before proceeding to findings and
10adjudication, or after hearing the evidence at the adjudicatory
11hearing but before noting in the minutes of proceedings a
12finding of whether or not the minor is a person requiring
13authoritative intervention; and (b) in the absence of objection
14made in open court by the minor, his parent, guardian,
15custodian, responsible relative, defense attorney or the
16State's Attorney.
17 (2) If the minor, his parent, guardian, custodian,
18responsible relative, defense attorney or State's Attorney,
19objects in open court to any such continuance and insists upon
20proceeding to findings and adjudication, the court shall so
21proceed.
22 (3) Nothing in this Section limits the power of the court
23to order a continuance of the hearing for the production of
24additional evidence or for any other proper reason.
25 (4) When a hearing where a minor is alleged to be a minor

HB3169 Enrolled- 128 -LRB100 00350 KTG 10354 b
1requiring authoritative intervention is continued pursuant to
2this Section, the court may permit the minor to remain in his
3home subject to such conditions concerning his conduct and
4supervision as the court may require by order.
5 (5) If a petition is filed charging a violation of a
6condition of the continuance under supervision, the court shall
7conduct a hearing. If the court finds that such condition of
8supervision has not been fulfilled the court may proceed to
9findings and adjudication and disposition. The filing of a
10petition for violation of a condition of the continuance under
11supervision shall toll the period of continuance under
12supervision until the final determination of the charge, and
13the term of the continuance under supervision shall not run
14until the hearing and disposition of the petition for
15violation; provided where the petition alleges conduct that
16does not constitute a criminal offense, the hearing must be
17held within 15 days of the filing of the petition unless a
18delay in such hearing has been occasioned by the minor, in
19which case the delay shall continue the tolling of the period
20of continuance under supervision for the period of such delay.
21 (6) The court must impose upon a minor under an order of
22continuance under supervision or an order of disposition under
23this Article III, as a condition of the order, a fee of $25 for
24each month or partial month of supervision with a probation
25officer. If the court determines the inability of the minor, or
26the parent, guardian, or legal custodian of the minor to pay

HB3169 Enrolled- 129 -LRB100 00350 KTG 10354 b
1the fee, the court may impose a lesser fee. The court may not
2impose the fee on a minor who is placed in the guardianship or
3custody of the Department of Children and Family Services made
4a ward of the State under this Act. The fee may be imposed only
5upon a minor who is actively supervised by the probation and
6court services department. The fee must be collected by the
7clerk of the circuit court. The clerk of the circuit court must
8pay all monies collected from this fee to the county treasurer
9for deposit into the probation and court services fund under
10Section 15.1 of the Probation and Probation Officers Act.
11(Source: P.A. 92-329, eff. 8-9-01.)
12 (705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
13 Sec. 3-24. Kinds of dispositional orders.
14 (1) The following kinds of orders of disposition may be
15made in respect to wards of the court: A minor found to be
16requiring authoritative intervention under Section 3-3 may be
17(a) committed to the Department of Children and Family
18Services, subject to Section 5 of the Children and Family
19Services Act; (b) placed under supervision and released to his
20or her parents, guardian or legal custodian; (c) placed in
21accordance with Section 3-28 with or without also being placed
22under supervision. Conditions of supervision may be modified or
23terminated by the court if it deems that the best interests of
24the minor and the public will be served thereby; (d) ordered
25partially or completely emancipated in accordance with the

HB3169 Enrolled- 130 -LRB100 00350 KTG 10354 b
1provisions of the Emancipation of Minors Act; or (e) subject to
2having his or her driver's license or driving privilege
3suspended for such time as determined by the Court but only
4until he or she attains 18 years of age.
5 (2) Any order of disposition may provide for protective
6supervision under Section 3-25 and may include an order of
7protection under Section 3-26.
8 (3) Unless the order of disposition expressly so provides,
9it does not operate to close proceedings on the pending
10petition, but is subject to modification until final closing
11and discharge of the proceedings under Section 3-32.
12 (4) In addition to any other order of disposition, the
13court may order any person found to be a minor requiring
14authoritative intervention under Section 3-3 to make
15restitution, in monetary or non-monetary form, under the terms
16and conditions of Section 5-5-6 of the Unified Code of
17Corrections, except that the "presentence hearing" referred to
18therein shall be the dispositional hearing for purposes of this
19Section. The parent, guardian or legal custodian of the minor
20may pay some or all of such restitution on the minor's behalf.
21 (5) Any order for disposition where the minor is committed
22or placed in accordance with Section 3-28 shall provide for the
23parents or guardian of the estate of such minor to pay to the
24legal custodian or guardian of the person of the minor such
25sums as are determined by the custodian or guardian of the
26person of the minor as necessary for the minor's needs. Such

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1payments may not exceed the maximum amounts provided for by
2Section 9.1 of the Children and Family Services Act.
3 (6) Whenever the order of disposition requires the minor to
4attend school or participate in a program of training, the
5truant officer or designated school official shall regularly
6report to the court if the minor is a chronic or habitual
7truant under Section 26-2a of the School Code.
8 (7) The court must impose upon a minor under an order of
9continuance under supervision or an order of disposition under
10this Article III, as a condition of the order, a fee of $25 for
11each month or partial month of supervision with a probation
12officer. If the court determines the inability of the minor, or
13the parent, guardian, or legal custodian of the minor to pay
14the fee, the court may impose a lesser fee. The court may not
15impose the fee on a minor who is placed in the guardianship or
16custody of the Department of Children and Family Services made
17a ward of the State under this Act. The fee may be imposed only
18upon a minor who is actively supervised by the probation and
19court services department. The fee must be collected by the
20clerk of the circuit court. The clerk of the circuit court must
21pay all monies collected from this fee to the county treasurer
22for deposit into the probation and court services fund under
23Section 15.1 of the Probation and Probation Officers Act.
24(Source: P.A. 95-331, eff. 8-21-07.)
25 (705 ILCS 405/4-9) (from Ch. 37, par. 804-9)

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1 Sec. 4-9. Shelter care hearing. At the appearance of the
2minor before the court at the shelter care hearing, all
3witnesses present shall be examined before the court in
4relation to any matter connected with the allegations made in
5the petition.
6 (1) If the court finds that there is not probable cause to
7believe that the minor is addicted, it shall release the minor
8and dismiss the petition.
9 (2) If the court finds that there is probable cause to
10believe that the minor is addicted, the minor, his or her
11parent, guardian, custodian and other persons able to give
12relevant testimony shall be examined before the court. After
13such testimony, the court may enter an order that the minor
14shall be released upon the request of a parent, guardian or
15custodian if the parent, guardian or custodian appears to take
16custody and agrees to abide by a court order which requires the
17minor and his or her parent, guardian, or legal custodian to
18complete an evaluation by an entity licensed by the Department
19of Human Services, as the successor to the Department of
20Alcoholism and Substance Abuse, and complete any treatment
21recommendations indicated by the assessment. "Custodian"
22includes the Department of Children and Family Services, if it
23has been given custody of the child, or any other agency of the
24State which has been given custody or wardship of the child.
25Custodian shall include any agency of the State which has been
26given custody or wardship of the child.

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1 The Court shall require documentation by representatives
2of the Department of Children and Family Services or the
3probation department as to the reasonable efforts that were
4made to prevent or eliminate the necessity of removal of the
5minor from his or her home, and shall consider the testimony of
6any person as to those reasonable efforts. If the court finds
7that it is a matter of immediate and urgent necessity for the
8protection of the minor or of the person or property of another
9that the minor be or placed in a shelter care facility or that
10he or she is likely to flee the jurisdiction of the court, and
11further, finds that reasonable efforts have been made or good
12cause has been shown why reasonable efforts cannot prevent or
13eliminate the necessity of removal of the minor from his or her
14home, the court may prescribe shelter care and order that the
15minor be kept in a suitable place designated by the court or in
16a shelter care facility designated by the Department of
17Children and Family Services or a licensed child welfare
18agency, or in a facility or program licensed by the Department
19of Human Services for shelter and treatment services; otherwise
20it shall release the minor from custody. If the court
21prescribes shelter care, then in placing the minor, the
22Department or other agency shall, to the extent compatible with
23the court's order, comply with Section 7 of the Children and
24Family Services Act. If the minor is ordered placed in a
25shelter care facility of the Department of Children and Family
26Services or a licensed child welfare agency, or in a facility

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1or program licensed by the Department of Human Services for
2shelter and treatment services, the court shall, upon request
3of the appropriate Department or other agency, appoint the
4Department of Children and Family Services Guardianship
5Administrator or other appropriate agency executive temporary
6custodian of the minor and the court may enter such other
7orders related to the temporary custody as it deems fit and
8proper, including the provision of services to the minor or his
9family to ameliorate the causes contributing to the finding of
10probable cause or to the finding of the existence of immediate
11and urgent necessity. Acceptance of services shall not be
12considered an admission of any allegation in a petition made
13pursuant to this Act, nor may a referral of services be
14considered as evidence in any proceeding pursuant to this Act,
15except where the issue is whether the Department has made
16reasonable efforts to reunite the family. In making its
17findings that reasonable efforts have been made or that good
18cause has been shown why reasonable efforts cannot prevent or
19eliminate the necessity of removal of the minor from his or her
20home, the court shall state in writing its findings concerning
21the nature of the services that were offered or the efforts
22that were made to prevent removal of the child and the apparent
23reasons that such services or efforts could not prevent the
24need for removal. The parents, guardian, custodian, temporary
25custodian and minor shall each be furnished a copy of such
26written findings. The temporary custodian shall maintain a copy

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1of the court order and written findings in the case record for
2the child. The order together with the court's findings of fact
3in support thereof shall be entered of record in the court.
4 Once the court finds that it is a matter of immediate and
5urgent necessity for the protection of the minor that the minor
6be placed in a shelter care facility, the minor shall not be
7returned to the parent, custodian or guardian until the court
8finds that such placement is no longer necessary for the
9protection of the minor.
10 (3) If neither the parent, guardian, legal custodian,
11responsible relative nor counsel of the minor has had actual
12notice of or is present at the shelter care hearing, he or she
13may file his or her affidavit setting forth these facts, and
14the clerk shall set the matter for rehearing not later than 24
15hours, excluding Sundays and legal holidays, after the filing
16of the affidavit. At the rehearing, the court shall proceed in
17the same manner as upon the original hearing.
18 (4) If the minor is not brought before a judicial officer
19within the time period as specified in Section 4-8, the minor
20must immediately be released from custody.
21 (5) Only when there is reasonable cause to believe that the
22minor taken into custody is a person described in subsection
23(3) of Section 5-105 may the minor be kept or detained in a
24detention home or county or municipal jail. This Section shall
25in no way be construed to limit subsection (6).
26 (6) No minor under 16 years of age may be confined in a

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1jail or place ordinarily used for the confinement of prisoners
2in a police station. Minors under 18 years of age must be kept
3separate from confined adults and may not at any time be kept
4in the same cell, room or yard with adults confined pursuant to
5the criminal law.
6 (7) If neither the parent, guardian or custodian appears
7within 24 hours to take custody of a minor released upon
8request pursuant to subsection (2) of this Section, then the
9clerk of the court shall set the matter for rehearing not later
10than 7 days after the original order and shall issue a summons
11directed to the parent, guardian or custodian to appear. At the
12same time the probation department shall prepare a report on
13the minor. If a parent, guardian or custodian does not appear
14at such rehearing, the judge may enter an order prescribing
15that the minor be kept in a suitable place designated by the
16Department of Children and Family Services or a licensed child
17welfare agency.
18 (8) Any interested party, including the State, the
19temporary custodian, an agency providing services to the minor
20or family under a service plan pursuant to Section 8.2 of the
21Abused and Neglected Child Reporting Act, foster parent, or any
22of their representatives, may file a motion to modify or vacate
23a temporary custody order on any of the following grounds:
24 (a) It is no longer a matter of immediate and urgent
25 necessity that the minor remain in shelter care; or
26 (b) There is a material change in the circumstances of

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1 the natural family from which the minor was removed; or
2 (c) A person, including a parent, relative or legal
3 guardian, is capable of assuming temporary custody of the
4 minor; or
5 (d) Services provided by the Department of Children and
6 Family Services or a child welfare agency or other service
7 provider have been successful in eliminating the need for
8 temporary custody.
9 The clerk shall set the matter for hearing not later than
1014 days after such motion is filed. In the event that the court
11modifies or vacates a temporary custody order but does not
12vacate its finding of probable cause, the court may order that
13appropriate services be continued or initiated in behalf of the
14minor and his or her family.
15 (9) The changes made to this Section by Public Act 98-61
16apply to a minor who has been arrested or taken into custody on
17or after January 1, 2014 (the effective date of Public Act
1898-61).
19(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; revised
2010-6-16.)
21 (705 ILCS 405/4-18) (from Ch. 37, par. 804-18)
22 Sec. 4-18. Continuance under supervision.
23 (1) The court may enter an order of continuance under
24supervision (a) upon an admission or stipulation by the
25appropriate respondent or minor respondent of the facts

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1supporting the petition and before proceeding to findings and
2adjudication, or after hearing the evidence at the adjudicatory
3hearing but before noting in the minutes of the proceeding a
4finding of whether or not the minor is an addict, and (b) in
5the absence of objection made in open court by the minor, his
6parent, guardian, custodian, responsible relative, defense
7attorney or the State's Attorney.
8 (2) If the minor, his parent, guardian, custodian,
9responsible relative, defense attorney or State's Attorney,
10objects in open court to any such continuance and insists upon
11proceeding to findings and adjudication, the court shall so
12proceed.
13 (3) Nothing in this Section limits the power of the court
14to order a continuance of the hearing for the production of
15additional evidence or for any other proper reason.
16 (4) When a hearing is continued pursuant to this Section,
17the court may permit the minor to remain in his home subject to
18such conditions concerning his conduct and supervision as the
19court may require by order.
20 (5) If a petition is filed charging a violation of a
21condition of the continuance under supervision, the court shall
22conduct a hearing. If the court finds that such condition of
23supervision has not been fulfilled the court may proceed to
24findings and adjudication and disposition. The filing of a
25petition for violation of a condition of the continuance under
26supervision shall toll the period of continuance under

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1supervision until the final determination of the charge, and
2the term of the continuance under supervision shall not run
3until the hearing and disposition of the petition for
4violation; provided where the petition alleges conduct that
5does not constitute a criminal offense, the hearing must be
6held within 15 days of the filing of the petition unless a
7delay in such hearing has been occasioned by the minor, in
8which case the delay shall continue the tolling of the period
9of continuance under supervision for the period of such delay.
10 (6) The court must impose upon a minor under an order of
11continuance under supervision or an order of disposition under
12this Article IV, as a condition of the order, a fee of $25 for
13each month or partial month of supervision with a probation
14officer. If the court determines the inability of the minor, or
15the parent, guardian, or legal custodian of the minor to pay
16the fee, the court may impose a lesser fee. The court may not
17impose the fee on a minor who is placed in the guardianship or
18custody of the Department of Children and Family Services made
19a ward of the State under this Act. The fee may be imposed only
20upon a minor who is actively supervised by the probation and
21court services department. The fee must be collected by the
22clerk of the circuit court. The clerk of the circuit court must
23pay all monies collected from this fee to the county treasurer
24for deposit into the probation and court services fund under
25Section 15.1 of the Probation and Probation Officers Act.
26(Source: P.A. 92-329, eff. 8-9-01.)

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1 (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
2 Sec. 4-21. Kinds of dispositional orders.
3 (1) A minor found to be addicted under Section 4-3 may be
4(a) committed to the Department of Children and Family
5Services, subject to Section 5 of the Children and Family
6Services Act; (b) placed under supervision and released to his
7or her parents, guardian or legal custodian; (c) placed in
8accordance with Section 4-25 with or without also being placed
9under supervision. Conditions of supervision may be modified or
10terminated by the court if it deems that the best interests of
11the minor and the public will be served thereby; (d) required
12to attend an approved alcohol or drug abuse treatment or
13counseling program on an inpatient or outpatient basis instead
14of or in addition to the disposition otherwise provided for in
15this paragraph; (e) ordered partially or completely
16emancipated in accordance with the provisions of the
17Emancipation of Minors Act; or (f) subject to having his or her
18driver's license or driving privilege suspended for such time
19as determined by the Court but only until he or she attains 18
20years of age. No disposition under this subsection shall
21provide for the minor's placement in a secure facility.
22 (2) Any order of disposition may provide for protective
23supervision under Section 4-22 and may include an order of
24protection under Section 4-23.
25 (3) Unless the order of disposition expressly so provides,

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1it does not operate to close proceedings on the pending
2petition, but is subject to modification until final closing
3and discharge of the proceedings under Section 4-29.
4 (4) In addition to any other order of disposition, the
5court may order any minor found to be addicted under this
6Article as neglected with respect to his or her own injurious
7behavior, to make restitution, in monetary or non-monetary
8form, under the terms and conditions of Section 5-5-6 of the
9Unified Code of Corrections, except that the "presentence
10hearing" referred to therein shall be the dispositional hearing
11for purposes of this Section. The parent, guardian or legal
12custodian of the minor may pay some or all of such restitution
13on the minor's behalf.
14 (5) Any order for disposition where the minor is placed in
15accordance with Section 4-25 shall provide for the parents or
16guardian of the estate of such minor to pay to the legal
17custodian or guardian of the person of the minor such sums as
18are determined by the custodian or guardian of the person of
19the minor as necessary for the minor's needs. Such payments may
20not exceed the maximum amounts provided for by Section 9.1 of
21the Children and Family Services Act.
22 (6) Whenever the order of disposition requires the minor to
23attend school or participate in a program of training, the
24truant officer or designated school official shall regularly
25report to the court if the minor is a chronic or habitual
26truant under Section 26-2a of the School Code.

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1 (7) The court must impose upon a minor under an order of
2continuance under supervision or an order of disposition under
3this Article IV, as a condition of the order, a fee of $25 for
4each month or partial month of supervision with a probation
5officer. If the court determines the inability of the minor, or
6the parent, guardian, or legal custodian of the minor to pay
7the fee, the court may impose a lesser fee. The court may not
8impose the fee on a minor who is placed in the guardianship or
9custody of the Department of Children and Family Services made
10a ward of the State under this Act. The fee may be imposed only
11upon a minor who is actively supervised by the probation and
12court services department. The fee must be collected by the
13clerk of the circuit court. The clerk of the circuit court must
14pay all monies collected from this fee to the county treasurer
15for deposit into the probation and court services fund under
16Section 15.1 of the Probation and Probation Officers Act.
17(Source: P.A. 95-331, eff. 8-21-07.)
18 (705 ILCS 405/5-615)
19 Sec. 5-615. Continuance under supervision.
20 (1) The court may enter an order of continuance under
21supervision for an offense other than first degree murder, a
22Class X felony or a forcible felony:
23 (a) upon an admission or stipulation by the appropriate
24 respondent or minor respondent of the facts supporting the
25 petition and before the court makes a finding of

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1 delinquency, and in the absence of objection made in open
2 court by the minor, his or her parent, guardian, or legal
3 custodian, the minor's attorney or the State's Attorney; or
4 (b) upon a finding of delinquency and after considering
5 the circumstances of the offense and the history,
6 character, and condition of the minor, if the court is of
7 the opinion that:
8 (i) the minor is not likely to commit further
9 crimes;
10 (ii) the minor and the public would be best served
11 if the minor were not to receive a criminal record; and
12 (iii) in the best interests of justice an order of
13 continuance under supervision is more appropriate than
14 a sentence otherwise permitted under this Act.
15 (2) (Blank).
16 (3) Nothing in this Section limits the power of the court
17to order a continuance of the hearing for the production of
18additional evidence or for any other proper reason.
19 (4) When a hearing where a minor is alleged to be a
20delinquent is continued pursuant to this Section, the period of
21continuance under supervision may not exceed 24 months. The
22court may terminate a continuance under supervision at any time
23if warranted by the conduct of the minor and the ends of
24justice or vacate the finding of delinquency or both.
25 (5) When a hearing where a minor is alleged to be
26delinquent is continued pursuant to this Section, the court

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1may, as conditions of the continuance under supervision,
2require the minor to do any of the following:
3 (a) not violate any criminal statute of any
4 jurisdiction;
5 (b) make a report to and appear in person before any
6 person or agency as directed by the court;
7 (c) work or pursue a course of study or vocational
8 training;
9 (d) undergo medical or psychotherapeutic treatment
10 rendered by a therapist licensed under the provisions of
11 the Medical Practice Act of 1987, the Clinical Psychologist
12 Licensing Act, or the Clinical Social Work and Social Work
13 Practice Act, or an entity licensed by the Department of
14 Human Services as a successor to the Department of
15 Alcoholism and Substance Abuse, for the provision of drug
16 addiction and alcoholism treatment;
17 (e) attend or reside in a facility established for the
18 instruction or residence of persons on probation;
19 (f) support his or her dependents, if any;
20 (g) pay costs;
21 (h) refrain from possessing a firearm or other
22 dangerous weapon, or an automobile;
23 (i) permit the probation officer to visit him or her at
24 his or her home or elsewhere;
25 (j) reside with his or her parents or in a foster home;
26 (k) attend school;

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1 (k-5) with the consent of the superintendent of the
2 facility, attend an educational program at a facility other
3 than the school in which the offense was committed if he or
4 she committed a crime of violence as defined in Section 2
5 of the Crime Victims Compensation Act in a school, on the
6 real property comprising a school, or within 1,000 feet of
7 the real property comprising a school;
8 (l) attend a non-residential program for youth;
9 (m) contribute to his or her own support at home or in
10 a foster home;
11 (n) perform some reasonable public or community
12 service;
13 (o) make restitution to the victim, in the same manner
14 and under the same conditions as provided in subsection (4)
15 of Section 5-710, except that the "sentencing hearing"
16 referred to in that Section shall be the adjudicatory
17 hearing for purposes of this Section;
18 (p) comply with curfew requirements as designated by
19 the court;
20 (q) refrain from entering into a designated geographic
21 area except upon terms as the court finds appropriate. The
22 terms may include consideration of the purpose of the
23 entry, the time of day, other persons accompanying the
24 minor, and advance approval by a probation officer;
25 (r) refrain from having any contact, directly or
26 indirectly, with certain specified persons or particular

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1 types of persons, including but not limited to members of
2 street gangs and drug users or dealers;
3 (r-5) undergo a medical or other procedure to have a
4 tattoo symbolizing allegiance to a street gang removed from
5 his or her body;
6 (s) refrain from having in his or her body the presence
7 of any illicit drug prohibited by the Cannabis Control Act,
8 the Illinois Controlled Substances Act, or the
9 Methamphetamine Control and Community Protection Act,
10 unless prescribed by a physician, and submit samples of his
11 or her blood or urine or both for tests to determine the
12 presence of any illicit drug; or
13 (t) comply with any other conditions as may be ordered
14 by the court.
15 (6) A minor whose case is continued under supervision under
16subsection (5) shall be given a certificate setting forth the
17conditions imposed by the court. Those conditions may be
18reduced, enlarged, or modified by the court on motion of the
19probation officer or on its own motion, or that of the State's
20Attorney, or, at the request of the minor after notice and
21hearing.
22 (7) If a petition is filed charging a violation of a
23condition of the continuance under supervision, the court shall
24conduct a hearing. If the court finds that a condition of
25supervision has not been fulfilled, the court may proceed to
26findings, adjudication, and disposition or adjudication and

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1disposition. The filing of a petition for violation of a
2condition of the continuance under supervision shall toll the
3period of continuance under supervision until the final
4determination of the charge, and the term of the continuance
5under supervision shall not run until the hearing and
6disposition of the petition for violation; provided where the
7petition alleges conduct that does not constitute a criminal
8offense, the hearing must be held within 30 days of the filing
9of the petition unless a delay shall continue the tolling of
10the period of continuance under supervision for the period of
11the delay.
12 (8) When a hearing in which a minor is alleged to be a
13delinquent for reasons that include a violation of Section
1421-1.3 of the Criminal Code of 1961 or the Criminal Code of
152012 is continued under this Section, the court shall, as a
16condition of the continuance under supervision, require the
17minor to perform community service for not less than 30 and not
18more than 120 hours, if community service is available in the
19jurisdiction. The community service shall include, but need not
20be limited to, the cleanup and repair of the damage that was
21caused by the alleged violation or similar damage to property
22located in the municipality or county in which the alleged
23violation occurred. The condition may be in addition to any
24other condition.
25 (8.5) When a hearing in which a minor is alleged to be a
26delinquent for reasons that include a violation of Section 3.02

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1or Section 3.03 of the Humane Care for Animals Act or paragraph
2(d) of subsection (1) of Section 21-1 of the Criminal Code of
31961 or paragraph (4) of subsection (a) of Section 21-1 or the
4Criminal Code of 2012 is continued under this Section, the
5court shall, as a condition of the continuance under
6supervision, require the minor to undergo medical or
7psychiatric treatment rendered by a psychiatrist or
8psychological treatment rendered by a clinical psychologist.
9The condition may be in addition to any other condition.
10 (9) When a hearing in which a minor is alleged to be a
11delinquent is continued under this Section, the court, before
12continuing the case, shall make a finding whether the offense
13alleged to have been committed either: (i) was related to or in
14furtherance of the activities of an organized gang or was
15motivated by the minor's membership in or allegiance to an
16organized gang, or (ii) is a violation of paragraph (13) of
17subsection (a) of Section 12-2 or paragraph (2) of subsection
18(c) of Section 12-2 of the Criminal Code of 1961 or the
19Criminal Code of 2012, a violation of any Section of Article 24
20of the Criminal Code of 1961 or the Criminal Code of 2012, or a
21violation of any statute that involved the unlawful use of a
22firearm. If the court determines the question in the
23affirmative the court shall, as a condition of the continuance
24under supervision and as part of or in addition to any other
25condition of the supervision, require the minor to perform
26community service for not less than 30 hours, provided that

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1community service is available in the jurisdiction and is
2funded and approved by the county board of the county where the
3offense was committed. The community service shall include, but
4need not be limited to, the cleanup and repair of any damage
5caused by an alleged violation of Section 21-1.3 of the
6Criminal Code of 1961 or the Criminal Code of 2012 and similar
7damage to property located in the municipality or county in
8which the alleged violation occurred. When possible and
9reasonable, the community service shall be performed in the
10minor's neighborhood. For the purposes of this Section,
11"organized gang" has the meaning ascribed to it in Section 10
12of the Illinois Streetgang Terrorism Omnibus Prevention Act.
13 (10) The court shall impose upon a minor placed on
14supervision, as a condition of the supervision, a fee of $50
15for each month of supervision ordered by the court, unless
16after determining the inability of the minor placed on
17supervision to pay the fee, the court assesses a lesser amount.
18The court may not impose the fee on a minor who is placed in the
19guardianship or custody of the Department of Children and
20Family Services made a ward of the State under this Act while
21the minor is in placement. The fee shall be imposed only upon a
22minor who is actively supervised by the probation and court
23services department. A court may order the parent, guardian, or
24legal custodian of the minor to pay some or all of the fee on
25the minor's behalf.
26 (11) If a minor is placed on supervision for a violation of

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1subsection (a-7) of Section 1 of the Prevention of Tobacco Use
2by Minors Act, the court may, in its discretion, and upon
3recommendation by the State's Attorney, order that minor and
4his or her parents or legal guardian to attend a smoker's
5education or youth diversion program as defined in that Act if
6that program is available in the jurisdiction where the
7offender resides. Attendance at a smoker's education or youth
8diversion program shall be time-credited against any community
9service time imposed for any first violation of subsection
10(a-7) of Section 1 of that Act. In addition to any other
11penalty that the court may impose for a violation of subsection
12(a-7) of Section 1 of that Act, the court, upon request by the
13State's Attorney, may in its discretion require the offender to
14remit a fee for his or her attendance at a smoker's education
15or youth diversion program.
16 For purposes of this Section, "smoker's education program"
17or "youth diversion program" includes, but is not limited to, a
18seminar designed to educate a person on the physical and
19psychological effects of smoking tobacco products and the
20health consequences of smoking tobacco products that can be
21conducted with a locality's youth diversion program.
22 In addition to any other penalty that the court may impose
23under this subsection (11):
24 (a) If a minor violates subsection (a-7) of Section 1
25 of the Prevention of Tobacco Use by Minors Act, the court
26 may impose a sentence of 15 hours of community service or a

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1 fine of $25 for a first violation.
2 (b) A second violation by a minor of subsection (a-7)
3 of Section 1 of that Act that occurs within 12 months after
4 the first violation is punishable by a fine of $50 and 25
5 hours of community service.
6 (c) A third or subsequent violation by a minor of
7 subsection (a-7) of Section 1 of that Act that occurs
8 within 12 months after the first violation is punishable by
9 a $100 fine and 30 hours of community service.
10 (d) Any second or subsequent violation not within the
11 12-month time period after the first violation is
12 punishable as provided for a first violation.
13(Source: P.A. 97-1150, eff. 1-25-13; 98-62, eff. 1-1-14.)
14 (705 ILCS 405/5-715)
15 Sec. 5-715. Probation.
16 (1) The period of probation or conditional discharge shall
17not exceed 5 years or until the minor has attained the age of
1821 years, whichever is less, except as provided in this Section
19for a minor who is found to be guilty for an offense which is
20first degree murder. The juvenile court may terminate probation
21or conditional discharge and discharge the minor at any time if
22warranted by the conduct of the minor and the ends of justice;
23provided, however, that the period of probation for a minor who
24is found to be guilty for an offense which is first degree
25murder shall be at least 5 years.

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1 (1.5) The period of probation for a minor who is found
2guilty of aggravated criminal sexual assault, criminal sexual
3assault, or aggravated battery with a firearm shall be at least
436 months. The period of probation for a minor who is found to
5be guilty of any other Class X felony shall be at least 24
6months. The period of probation for a Class 1 or Class 2
7forcible felony shall be at least 18 months. Regardless of the
8length of probation ordered by the court, for all offenses
9under this paragraph (1.5), the court shall schedule hearings
10to determine whether it is in the best interest of the minor
11and public safety to terminate probation after the minimum
12period of probation has been served. In such a hearing, there
13shall be a rebuttable presumption that it is in the best
14interest of the minor and public safety to terminate probation.
15 (2) The court may as a condition of probation or of
16conditional discharge require that the minor:
17 (a) not violate any criminal statute of any
18 jurisdiction;
19 (b) make a report to and appear in person before any
20 person or agency as directed by the court;
21 (c) work or pursue a course of study or vocational
22 training;
23 (d) undergo medical or psychiatric treatment, rendered
24 by a psychiatrist or psychological treatment rendered by a
25 clinical psychologist or social work services rendered by a
26 clinical social worker, or treatment for drug addiction or

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1 alcoholism;
2 (e) attend or reside in a facility established for the
3 instruction or residence of persons on probation;
4 (f) support his or her dependents, if any;
5 (g) refrain from possessing a firearm or other
6 dangerous weapon, or an automobile;
7 (h) permit the probation officer to visit him or her at
8 his or her home or elsewhere;
9 (i) reside with his or her parents or in a foster home;
10 (j) attend school;
11 (j-5) with the consent of the superintendent of the
12 facility, attend an educational program at a facility other
13 than the school in which the offense was committed if he or
14 she committed a crime of violence as defined in Section 2
15 of the Crime Victims Compensation Act in a school, on the
16 real property comprising a school, or within 1,000 feet of
17 the real property comprising a school;
18 (k) attend a non-residential program for youth;
19 (l) make restitution under the terms of subsection (4)
20 of Section 5-710;
21 (m) contribute to his or her own support at home or in
22 a foster home;
23 (n) perform some reasonable public or community
24 service;
25 (o) participate with community corrections programs
26 including unified delinquency intervention services

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1 administered by the Department of Human Services subject to
2 Section 5 of the Children and Family Services Act;
3 (p) pay costs;
4 (q) serve a term of home confinement. In addition to
5 any other applicable condition of probation or conditional
6 discharge, the conditions of home confinement shall be that
7 the minor:
8 (i) remain within the interior premises of the
9 place designated for his or her confinement during the
10 hours designated by the court;
11 (ii) admit any person or agent designated by the
12 court into the minor's place of confinement at any time
13 for purposes of verifying the minor's compliance with
14 the conditions of his or her confinement; and
15 (iii) use an approved electronic monitoring device
16 if ordered by the court subject to Article 8A of
17 Chapter V of the Unified Code of Corrections;
18 (r) refrain from entering into a designated geographic
19 area except upon terms as the court finds appropriate. The
20 terms may include consideration of the purpose of the
21 entry, the time of day, other persons accompanying the
22 minor, and advance approval by a probation officer, if the
23 minor has been placed on probation, or advance approval by
24 the court, if the minor has been placed on conditional
25 discharge;
26 (s) refrain from having any contact, directly or

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1 indirectly, with certain specified persons or particular
2 types of persons, including but not limited to members of
3 street gangs and drug users or dealers;
4 (s-5) undergo a medical or other procedure to have a
5 tattoo symbolizing allegiance to a street gang removed from
6 his or her body;
7 (t) refrain from having in his or her body the presence
8 of any illicit drug prohibited by the Cannabis Control Act,
9 the Illinois Controlled Substances Act, or the
10 Methamphetamine Control and Community Protection Act,
11 unless prescribed by a physician, and shall submit samples
12 of his or her blood or urine or both for tests to determine
13 the presence of any illicit drug; or
14 (u) comply with other conditions as may be ordered by
15 the court.
16 (3) The court may as a condition of probation or of
17conditional discharge require that a minor found guilty on any
18alcohol, cannabis, methamphetamine, or controlled substance
19violation, refrain from acquiring a driver's license during the
20period of probation or conditional discharge. If the minor is
21in possession of a permit or license, the court may require
22that the minor refrain from driving or operating any motor
23vehicle during the period of probation or conditional
24discharge, except as may be necessary in the course of the
25minor's lawful employment.
26 (3.5) The court shall, as a condition of probation or of

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1conditional discharge, require that a minor found to be guilty
2and placed on probation for reasons that include a violation of
3Section 3.02 or Section 3.03 of the Humane Care for Animals Act
4or paragraph (4) of subsection (a) of Section 21-1 of the
5Criminal Code of 2012 undergo medical or psychiatric treatment
6rendered by a psychiatrist or psychological treatment rendered
7by a clinical psychologist. The condition may be in addition to
8any other condition.
9 (3.10) The court shall order that a minor placed on
10probation or conditional discharge for a sex offense as defined
11in the Sex Offender Management Board Act undergo and
12successfully complete sex offender treatment. The treatment
13shall be in conformance with the standards developed under the
14Sex Offender Management Board Act and conducted by a treatment
15provider approved by the Board. The treatment shall be at the
16expense of the person evaluated based upon that person's
17ability to pay for the treatment.
18 (4) A minor on probation or conditional discharge shall be
19given a certificate setting forth the conditions upon which he
20or she is being released.
21 (5) The court shall impose upon a minor placed on probation
22or conditional discharge, as a condition of the probation or
23conditional discharge, a fee of $50 for each month of probation
24or conditional discharge supervision ordered by the court,
25unless after determining the inability of the minor placed on
26probation or conditional discharge to pay the fee, the court

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1assesses a lesser amount. The court may not impose the fee on a
2minor who is placed in the guardianship or custody of the
3Department of Children and Family Services made a ward of the
4State under this Act while the minor is in placement. The fee
5shall be imposed only upon a minor who is actively supervised
6by the probation and court services department. The court may
7order the parent, guardian, or legal custodian of the minor to
8pay some or all of the fee on the minor's behalf.
9 (5.5) Jurisdiction over an offender may be transferred from
10the sentencing court to the court of another circuit with the
11concurrence of both courts. Further transfers or retransfers of
12jurisdiction are also authorized in the same manner. The court
13to which jurisdiction has been transferred shall have the same
14powers as the sentencing court. The probation department within
15the circuit to which jurisdiction has been transferred, or
16which has agreed to provide supervision, may impose probation
17fees upon receiving the transferred offender, as provided in
18subsection (i) of Section 5-6-3 of the Unified Code of
19Corrections. For all transfer cases, as defined in Section 9b
20of the Probation and Probation Officers Act, the probation
21department from the original sentencing court shall retain all
22probation fees collected prior to the transfer. After the
23transfer, all probation fees shall be paid to the probation
24department within the circuit to which jurisdiction has been
25transferred.
26 If the transfer case originated in another state and has

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1been transferred under the Interstate Compact for Juveniles to
2the jurisdiction of an Illinois circuit court for supervision
3by an Illinois probation department, probation fees may be
4imposed only if permitted by the Interstate Commission for
5Juveniles.
6 (6) The General Assembly finds that in order to protect the
7public, the juvenile justice system must compel compliance with
8the conditions of probation by responding to violations with
9swift, certain, and fair punishments and intermediate
10sanctions. The Chief Judge of each circuit shall adopt a system
11of structured, intermediate sanctions for violations of the
12terms and conditions of a sentence of supervision, probation or
13conditional discharge, under this Act.
14 The court shall provide as a condition of a disposition of
15probation, conditional discharge, or supervision, that the
16probation agency may invoke any sanction from the list of
17intermediate sanctions adopted by the chief judge of the
18circuit court for violations of the terms and conditions of the
19sentence of probation, conditional discharge, or supervision,
20subject to the provisions of Section 5-720 of this Act.
21(Source: P.A. 98-575, eff. 1-1-14; 99-879, eff. 1-1-17.)
22 Section 85. The Unified Code of Corrections is amended by
23changing Sections 5-5-10, 5-6-3, and 5-6-3.1 as follows:
24 (730 ILCS 5/5-5-10)

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1 Sec. 5-5-10. Community service fee. When an offender or
2defendant is ordered by the court to perform community service
3and the offender is not otherwise assessed a fee for probation
4services, the court shall impose a fee of $50 for each month
5the community service ordered by the court is supervised by a
6probation and court services department, unless after
7determining the inability of the person sentenced to community
8service to pay the fee, the court assesses a lesser fee. The
9court may not impose a fee on a minor who is placed in the
10guardianship or custody of the Department of Children and
11Family Services made a ward of the State under the Juvenile
12Court Act of 1987 while the minor is in placement. The fee
13shall be imposed only on an offender who is actively supervised
14by the probation and court services department. The fee shall
15be collected by the clerk of the circuit court. The clerk of
16the circuit court shall pay all monies collected from this fee
17to the county treasurer for deposit in the probation and court
18services fund under Section 15.1 of the Probation and Probation
19Officers Act.
20 A circuit court may not impose a probation fee in excess of
21$25 per month unless: (1) the circuit court has adopted, by
22administrative order issued by the chief judge, a standard
23probation fee guide determining an offender's ability to pay,
24under guidelines developed by the Administrative Office of the
25Illinois Courts; and (2) the circuit court has authorized, by
26administrative order issued by the chief judge, the creation of

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1a Crime Victim's Services Fund, to be administered by the Chief
2Judge or his or her designee, for services to crime victims and
3their families. Of the amount collected as a probation fee, not
4to exceed $5 of that fee collected per month may be used to
5provide services to crime victims and their families.
6(Source: P.A. 93-475, eff. 8-8-03.)
7 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
8 Sec. 5-6-3. Conditions of Probation and of Conditional
9Discharge.
10 (a) The conditions of probation and of conditional
11discharge shall be that the person:
12 (1) not violate any criminal statute of any
13 jurisdiction;
14 (2) report to or appear in person before such person or
15 agency as directed by the court;
16 (3) refrain from possessing a firearm or other
17 dangerous weapon where the offense is a felony or, if a
18 misdemeanor, the offense involved the intentional or
19 knowing infliction of bodily harm or threat of bodily harm;
20 (4) not leave the State without the consent of the
21 court or, in circumstances in which the reason for the
22 absence is of such an emergency nature that prior consent
23 by the court is not possible, without the prior
24 notification and approval of the person's probation
25 officer. Transfer of a person's probation or conditional

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1 discharge supervision to another state is subject to
2 acceptance by the other state pursuant to the Interstate
3 Compact for Adult Offender Supervision;
4 (5) permit the probation officer to visit him at his
5 home or elsewhere to the extent necessary to discharge his
6 duties;
7 (6) perform no less than 30 hours of community service
8 and not more than 120 hours of community service, if
9 community service is available in the jurisdiction and is
10 funded and approved by the county board where the offense
11 was committed, where the offense was related to or in
12 furtherance of the criminal activities of an organized gang
13 and was motivated by the offender's membership in or
14 allegiance to an organized gang. The community service
15 shall include, but not be limited to, the cleanup and
16 repair of any damage caused by a violation of Section
17 21-1.3 of the Criminal Code of 1961 or the Criminal Code of
18 2012 and similar damage to property located within the
19 municipality or county in which the violation occurred.
20 When possible and reasonable, the community service should
21 be performed in the offender's neighborhood. For purposes
22 of this Section, "organized gang" has the meaning ascribed
23 to it in Section 10 of the Illinois Streetgang Terrorism
24 Omnibus Prevention Act;
25 (7) if he or she is at least 17 years of age and has
26 been sentenced to probation or conditional discharge for a

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1 misdemeanor or felony in a county of 3,000,000 or more
2 inhabitants and has not been previously convicted of a
3 misdemeanor or felony, may be required by the sentencing
4 court to attend educational courses designed to prepare the
5 defendant for a high school diploma and to work toward a
6 high school diploma or to work toward passing high school
7 equivalency testing or to work toward completing a
8 vocational training program approved by the court. The
9 person on probation or conditional discharge must attend a
10 public institution of education to obtain the educational
11 or vocational training required by this clause (7). The
12 court shall revoke the probation or conditional discharge
13 of a person who wilfully fails to comply with this clause
14 (7). The person on probation or conditional discharge shall
15 be required to pay for the cost of the educational courses
16 or high school equivalency testing if a fee is charged for
17 those courses or testing. The court shall resentence the
18 offender whose probation or conditional discharge has been
19 revoked as provided in Section 5-6-4. This clause (7) does
20 not apply to a person who has a high school diploma or has
21 successfully passed high school equivalency testing. This
22 clause (7) does not apply to a person who is determined by
23 the court to be a person with a developmental disability or
24 otherwise mentally incapable of completing the educational
25 or vocational program;
26 (8) if convicted of possession of a substance

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1 prohibited by the Cannabis Control Act, the Illinois
2 Controlled Substances Act, or the Methamphetamine Control
3 and Community Protection Act after a previous conviction or
4 disposition of supervision for possession of a substance
5 prohibited by the Cannabis Control Act or Illinois
6 Controlled Substances Act or after a sentence of probation
7 under Section 10 of the Cannabis Control Act, Section 410
8 of the Illinois Controlled Substances Act, or Section 70 of
9 the Methamphetamine Control and Community Protection Act
10 and upon a finding by the court that the person is
11 addicted, undergo treatment at a substance abuse program
12 approved by the court;
13 (8.5) if convicted of a felony sex offense as defined
14 in the Sex Offender Management Board Act, the person shall
15 undergo and successfully complete sex offender treatment
16 by a treatment provider approved by the Board and conducted
17 in conformance with the standards developed under the Sex
18 Offender Management Board Act;
19 (8.6) if convicted of a sex offense as defined in the
20 Sex Offender Management Board Act, refrain from residing at
21 the same address or in the same condominium unit or
22 apartment unit or in the same condominium complex or
23 apartment complex with another person he or she knows or
24 reasonably should know is a convicted sex offender or has
25 been placed on supervision for a sex offense; the
26 provisions of this paragraph do not apply to a person

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1 convicted of a sex offense who is placed in a Department of
2 Corrections licensed transitional housing facility for sex
3 offenders;
4 (8.7) if convicted for an offense committed on or after
5 June 1, 2008 (the effective date of Public Act 95-464) that
6 would qualify the accused as a child sex offender as
7 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
8 1961 or the Criminal Code of 2012, refrain from
9 communicating with or contacting, by means of the Internet,
10 a person who is not related to the accused and whom the
11 accused reasonably believes to be under 18 years of age;
12 for purposes of this paragraph (8.7), "Internet" has the
13 meaning ascribed to it in Section 16-0.1 of the Criminal
14 Code of 2012; and a person is not related to the accused if
15 the person is not: (i) the spouse, brother, or sister of
16 the accused; (ii) a descendant of the accused; (iii) a
17 first or second cousin of the accused; or (iv) a step-child
18 or adopted child of the accused;
19 (8.8) if convicted for an offense under Section 11-6,
20 11-9.1, 11-14.4 that involves soliciting for a juvenile
21 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
22 of the Criminal Code of 1961 or the Criminal Code of 2012,
23 or any attempt to commit any of these offenses, committed
24 on or after June 1, 2009 (the effective date of Public Act
25 95-983):
26 (i) not access or use a computer or any other

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1 device with Internet capability without the prior
2 written approval of the offender's probation officer,
3 except in connection with the offender's employment or
4 search for employment with the prior approval of the
5 offender's probation officer;
6 (ii) submit to periodic unannounced examinations
7 of the offender's computer or any other device with
8 Internet capability by the offender's probation
9 officer, a law enforcement officer, or assigned
10 computer or information technology specialist,
11 including the retrieval and copying of all data from
12 the computer or device and any internal or external
13 peripherals and removal of such information,
14 equipment, or device to conduct a more thorough
15 inspection;
16 (iii) submit to the installation on the offender's
17 computer or device with Internet capability, at the
18 offender's expense, of one or more hardware or software
19 systems to monitor the Internet use; and
20 (iv) submit to any other appropriate restrictions
21 concerning the offender's use of or access to a
22 computer or any other device with Internet capability
23 imposed by the offender's probation officer;
24 (8.9) if convicted of a sex offense as defined in the
25 Sex Offender Registration Act committed on or after January
26 1, 2010 (the effective date of Public Act 96-262), refrain

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1 from accessing or using a social networking website as
2 defined in Section 17-0.5 of the Criminal Code of 2012;
3 (9) if convicted of a felony or of any misdemeanor
4 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
5 12-3.5 of the Criminal Code of 1961 or the Criminal Code of
6 2012 that was determined, pursuant to Section 112A-11.1 of
7 the Code of Criminal Procedure of 1963, to trigger the
8 prohibitions of 18 U.S.C. 922(g)(9), physically surrender
9 at a time and place designated by the court, his or her
10 Firearm Owner's Identification Card and any and all
11 firearms in his or her possession. The Court shall return
12 to the Department of State Police Firearm Owner's
13 Identification Card Office the person's Firearm Owner's
14 Identification Card;
15 (10) if convicted of a sex offense as defined in
16 subsection (a-5) of Section 3-1-2 of this Code, unless the
17 offender is a parent or guardian of the person under 18
18 years of age present in the home and no non-familial minors
19 are present, not participate in a holiday event involving
20 children under 18 years of age, such as distributing candy
21 or other items to children on Halloween, wearing a Santa
22 Claus costume on or preceding Christmas, being employed as
23 a department store Santa Claus, or wearing an Easter Bunny
24 costume on or preceding Easter;
25 (11) if convicted of a sex offense as defined in
26 Section 2 of the Sex Offender Registration Act committed on

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1 or after January 1, 2010 (the effective date of Public Act
2 96-362) that requires the person to register as a sex
3 offender under that Act, may not knowingly use any computer
4 scrub software on any computer that the sex offender uses;
5 and
6 (12) if convicted of a violation of the Methamphetamine
7 Control and Community Protection Act, the Methamphetamine
8 Precursor Control Act, or a methamphetamine related
9 offense:
10 (A) prohibited from purchasing, possessing, or
11 having under his or her control any product containing
12 pseudoephedrine unless prescribed by a physician; and
13 (B) prohibited from purchasing, possessing, or
14 having under his or her control any product containing
15 ammonium nitrate.
16 (b) The Court may in addition to other reasonable
17conditions relating to the nature of the offense or the
18rehabilitation of the defendant as determined for each
19defendant in the proper discretion of the Court require that
20the person:
21 (1) serve a term of periodic imprisonment under Article
22 7 for a period not to exceed that specified in paragraph
23 (d) of Section 5-7-1;
24 (2) pay a fine and costs;
25 (3) work or pursue a course of study or vocational
26 training;

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1 (4) undergo medical, psychological or psychiatric
2 treatment; or treatment for drug addiction or alcoholism;
3 (5) attend or reside in a facility established for the
4 instruction or residence of defendants on probation;
5 (6) support his dependents;
6 (7) and in addition, if a minor:
7 (i) reside with his parents or in a foster home;
8 (ii) attend school;
9 (iii) attend a non-residential program for youth;
10 (iv) contribute to his own support at home or in a
11 foster home;
12 (v) with the consent of the superintendent of the
13 facility, attend an educational program at a facility
14 other than the school in which the offense was
15 committed if he or she is convicted of a crime of
16 violence as defined in Section 2 of the Crime Victims
17 Compensation Act committed in a school, on the real
18 property comprising a school, or within 1,000 feet of
19 the real property comprising a school;
20 (8) make restitution as provided in Section 5-5-6 of
21 this Code;
22 (9) perform some reasonable public or community
23 service;
24 (10) serve a term of home confinement. In addition to
25 any other applicable condition of probation or conditional
26 discharge, the conditions of home confinement shall be that

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1 the offender:
2 (i) remain within the interior premises of the
3 place designated for his confinement during the hours
4 designated by the court;
5 (ii) admit any person or agent designated by the
6 court into the offender's place of confinement at any
7 time for purposes of verifying the offender's
8 compliance with the conditions of his confinement; and
9 (iii) if further deemed necessary by the court or
10 the Probation or Court Services Department, be placed
11 on an approved electronic monitoring device, subject
12 to Article 8A of Chapter V;
13 (iv) for persons convicted of any alcohol,
14 cannabis or controlled substance violation who are
15 placed on an approved monitoring device as a condition
16 of probation or conditional discharge, the court shall
17 impose a reasonable fee for each day of the use of the
18 device, as established by the county board in
19 subsection (g) of this Section, unless after
20 determining the inability of the offender to pay the
21 fee, the court assesses a lesser fee or no fee as the
22 case may be. This fee shall be imposed in addition to
23 the fees imposed under subsections (g) and (i) of this
24 Section. The fee shall be collected by the clerk of the
25 circuit court, except as provided in an administrative
26 order of the Chief Judge of the circuit court. The

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1 clerk of the circuit court shall pay all monies
2 collected from this fee to the county treasurer for
3 deposit in the substance abuse services fund under
4 Section 5-1086.1 of the Counties Code, except as
5 provided in an administrative order of the Chief Judge
6 of the circuit court.
7 The Chief Judge of the circuit court of the county
8 may by administrative order establish a program for
9 electronic monitoring of offenders, in which a vendor
10 supplies and monitors the operation of the electronic
11 monitoring device, and collects the fees on behalf of
12 the county. The program shall include provisions for
13 indigent offenders and the collection of unpaid fees.
14 The program shall not unduly burden the offender and
15 shall be subject to review by the Chief Judge.
16 The Chief Judge of the circuit court may suspend
17 any additional charges or fees for late payment,
18 interest, or damage to any device; and
19 (v) for persons convicted of offenses other than
20 those referenced in clause (iv) above and who are
21 placed on an approved monitoring device as a condition
22 of probation or conditional discharge, the court shall
23 impose a reasonable fee for each day of the use of the
24 device, as established by the county board in
25 subsection (g) of this Section, unless after
26 determining the inability of the defendant to pay the

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1 fee, the court assesses a lesser fee or no fee as the
2 case may be. This fee shall be imposed in addition to
3 the fees imposed under subsections (g) and (i) of this
4 Section. The fee shall be collected by the clerk of the
5 circuit court, except as provided in an administrative
6 order of the Chief Judge of the circuit court. The
7 clerk of the circuit court shall pay all monies
8 collected from this fee to the county treasurer who
9 shall use the monies collected to defray the costs of
10 corrections. The county treasurer shall deposit the
11 fee collected in the probation and court services fund.
12 The Chief Judge of the circuit court of the county may
13 by administrative order establish a program for
14 electronic monitoring of offenders, in which a vendor
15 supplies and monitors the operation of the electronic
16 monitoring device, and collects the fees on behalf of
17 the county. The program shall include provisions for
18 indigent offenders and the collection of unpaid fees.
19 The program shall not unduly burden the offender and
20 shall be subject to review by the Chief Judge.
21 The Chief Judge of the circuit court may suspend
22 any additional charges or fees for late payment,
23 interest, or damage to any device.
24 (11) comply with the terms and conditions of an order
25 of protection issued by the court pursuant to the Illinois
26 Domestic Violence Act of 1986, as now or hereafter amended,

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1 or an order of protection issued by the court of another
2 state, tribe, or United States territory. A copy of the
3 order of protection shall be transmitted to the probation
4 officer or agency having responsibility for the case;
5 (12) reimburse any "local anti-crime program" as
6 defined in Section 7 of the Anti-Crime Advisory Council Act
7 for any reasonable expenses incurred by the program on the
8 offender's case, not to exceed the maximum amount of the
9 fine authorized for the offense for which the defendant was
10 sentenced;
11 (13) contribute a reasonable sum of money, not to
12 exceed the maximum amount of the fine authorized for the
13 offense for which the defendant was sentenced, (i) to a
14 "local anti-crime program", as defined in Section 7 of the
15 Anti-Crime Advisory Council Act, or (ii) for offenses under
16 the jurisdiction of the Department of Natural Resources, to
17 the fund established by the Department of Natural Resources
18 for the purchase of evidence for investigation purposes and
19 to conduct investigations as outlined in Section 805-105 of
20 the Department of Natural Resources (Conservation) Law;
21 (14) refrain from entering into a designated
22 geographic area except upon such terms as the court finds
23 appropriate. Such terms may include consideration of the
24 purpose of the entry, the time of day, other persons
25 accompanying the defendant, and advance approval by a
26 probation officer, if the defendant has been placed on

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1 probation or advance approval by the court, if the
2 defendant was placed on conditional discharge;
3 (15) refrain from having any contact, directly or
4 indirectly, with certain specified persons or particular
5 types of persons, including but not limited to members of
6 street gangs and drug users or dealers;
7 (16) refrain from having in his or her body the
8 presence of any illicit drug prohibited by the Cannabis
9 Control Act, the Illinois Controlled Substances Act, or the
10 Methamphetamine Control and Community Protection Act,
11 unless prescribed by a physician, and submit samples of his
12 or her blood or urine or both for tests to determine the
13 presence of any illicit drug;
14 (17) if convicted for an offense committed on or after
15 June 1, 2008 (the effective date of Public Act 95-464) that
16 would qualify the accused as a child sex offender as
17 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
18 1961 or the Criminal Code of 2012, refrain from
19 communicating with or contacting, by means of the Internet,
20 a person who is related to the accused and whom the accused
21 reasonably believes to be under 18 years of age; for
22 purposes of this paragraph (17), "Internet" has the meaning
23 ascribed to it in Section 16-0.1 of the Criminal Code of
24 2012; and a person is related to the accused if the person
25 is: (i) the spouse, brother, or sister of the accused; (ii)
26 a descendant of the accused; (iii) a first or second cousin

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1 of the accused; or (iv) a step-child or adopted child of
2 the accused;
3 (18) if convicted for an offense committed on or after
4 June 1, 2009 (the effective date of Public Act 95-983) that
5 would qualify as a sex offense as defined in the Sex
6 Offender Registration Act:
7 (i) not access or use a computer or any other
8 device with Internet capability without the prior
9 written approval of the offender's probation officer,
10 except in connection with the offender's employment or
11 search for employment with the prior approval of the
12 offender's probation officer;
13 (ii) submit to periodic unannounced examinations
14 of the offender's computer or any other device with
15 Internet capability by the offender's probation
16 officer, a law enforcement officer, or assigned
17 computer or information technology specialist,
18 including the retrieval and copying of all data from
19 the computer or device and any internal or external
20 peripherals and removal of such information,
21 equipment, or device to conduct a more thorough
22 inspection;
23 (iii) submit to the installation on the offender's
24 computer or device with Internet capability, at the
25 subject's expense, of one or more hardware or software
26 systems to monitor the Internet use; and

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1 (iv) submit to any other appropriate restrictions
2 concerning the offender's use of or access to a
3 computer or any other device with Internet capability
4 imposed by the offender's probation officer; and
5 (19) refrain from possessing a firearm or other
6 dangerous weapon where the offense is a misdemeanor that
7 did not involve the intentional or knowing infliction of
8 bodily harm or threat of bodily harm.
9 (c) The court may as a condition of probation or of
10conditional discharge require that a person under 18 years of
11age found guilty of any alcohol, cannabis or controlled
12substance violation, refrain from acquiring a driver's license
13during the period of probation or conditional discharge. If
14such person is in possession of a permit or license, the court
15may require that the minor refrain from driving or operating
16any motor vehicle during the period of probation or conditional
17discharge, except as may be necessary in the course of the
18minor's lawful employment.
19 (d) An offender sentenced to probation or to conditional
20discharge shall be given a certificate setting forth the
21conditions thereof.
22 (e) Except where the offender has committed a fourth or
23subsequent violation of subsection (c) of Section 6-303 of the
24Illinois Vehicle Code, the court shall not require as a
25condition of the sentence of probation or conditional discharge
26that the offender be committed to a period of imprisonment in

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1excess of 6 months. This 6 month limit shall not include
2periods of confinement given pursuant to a sentence of county
3impact incarceration under Section 5-8-1.2.
4 Persons committed to imprisonment as a condition of
5probation or conditional discharge shall not be committed to
6the Department of Corrections.
7 (f) The court may combine a sentence of periodic
8imprisonment under Article 7 or a sentence to a county impact
9incarceration program under Article 8 with a sentence of
10probation or conditional discharge.
11 (g) An offender sentenced to probation or to conditional
12discharge and who during the term of either undergoes mandatory
13drug or alcohol testing, or both, or is assigned to be placed
14on an approved electronic monitoring device, shall be ordered
15to pay all costs incidental to such mandatory drug or alcohol
16testing, or both, and all costs incidental to such approved
17electronic monitoring in accordance with the defendant's
18ability to pay those costs. The county board with the
19concurrence of the Chief Judge of the judicial circuit in which
20the county is located shall establish reasonable fees for the
21cost of maintenance, testing, and incidental expenses related
22to the mandatory drug or alcohol testing, or both, and all
23costs incidental to approved electronic monitoring, involved
24in a successful probation program for the county. The
25concurrence of the Chief Judge shall be in the form of an
26administrative order. The fees shall be collected by the clerk

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1of the circuit court, except as provided in an administrative
2order of the Chief Judge of the circuit court. The clerk of the
3circuit court shall pay all moneys collected from these fees to
4the county treasurer who shall use the moneys collected to
5defray the costs of drug testing, alcohol testing, and
6electronic monitoring. The county treasurer shall deposit the
7fees collected in the county working cash fund under Section
86-27001 or Section 6-29002 of the Counties Code, as the case
9may be. The Chief Judge of the circuit court of the county may
10by administrative order establish a program for electronic
11monitoring of offenders, in which a vendor supplies and
12monitors the operation of the electronic monitoring device, and
13collects the fees on behalf of the county. The program shall
14include provisions for indigent offenders and the collection of
15unpaid fees. The program shall not unduly burden the offender
16and shall be subject to review by the Chief Judge.
17 The Chief Judge of the circuit court may suspend any
18additional charges or fees for late payment, interest, or
19damage to any device.
20 (h) Jurisdiction over an offender may be transferred from
21the sentencing court to the court of another circuit with the
22concurrence of both courts. Further transfers or retransfers of
23jurisdiction are also authorized in the same manner. The court
24to which jurisdiction has been transferred shall have the same
25powers as the sentencing court. The probation department within
26the circuit to which jurisdiction has been transferred, or

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1which has agreed to provide supervision, may impose probation
2fees upon receiving the transferred offender, as provided in
3subsection (i). For all transfer cases, as defined in Section
49b of the Probation and Probation Officers Act, the probation
5department from the original sentencing court shall retain all
6probation fees collected prior to the transfer. After the
7transfer all probation fees shall be paid to the probation
8department within the circuit to which jurisdiction has been
9transferred.
10 (i) The court shall impose upon an offender sentenced to
11probation after January 1, 1989 or to conditional discharge
12after January 1, 1992 or to community service under the
13supervision of a probation or court services department after
14January 1, 2004, as a condition of such probation or
15conditional discharge or supervised community service, a fee of
16$50 for each month of probation or conditional discharge
17supervision or supervised community service ordered by the
18court, unless after determining the inability of the person
19sentenced to probation or conditional discharge or supervised
20community service to pay the fee, the court assesses a lesser
21fee. The court may not impose the fee on a minor who is placed
22in the guardianship or custody of the Department of Children
23and Family Services made a ward of the State under the Juvenile
24Court Act of 1987 while the minor is in placement. The fee
25shall be imposed only upon an offender who is actively
26supervised by the probation and court services department. The

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1fee shall be collected by the clerk of the circuit court. The
2clerk of the circuit court shall pay all monies collected from
3this fee to the county treasurer for deposit in the probation
4and court services fund under Section 15.1 of the Probation and
5Probation Officers Act.
6 A circuit court may not impose a probation fee under this
7subsection (i) in excess of $25 per month unless the circuit
8court has adopted, by administrative order issued by the chief
9judge, a standard probation fee guide determining an offender's
10ability to pay Of the amount collected as a probation fee, up
11to $5 of that fee collected per month may be used to provide
12services to crime victims and their families.
13 The Court may only waive probation fees based on an
14offender's ability to pay. The probation department may
15re-evaluate an offender's ability to pay every 6 months, and,
16with the approval of the Director of Court Services or the
17Chief Probation Officer, adjust the monthly fee amount. An
18offender may elect to pay probation fees due in a lump sum. Any
19offender that has been assigned to the supervision of a
20probation department, or has been transferred either under
21subsection (h) of this Section or under any interstate compact,
22shall be required to pay probation fees to the department
23supervising the offender, based on the offender's ability to
24pay.
25 This amendatory Act of the 93rd General Assembly deletes
26the $10 increase in the fee under this subsection that was

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1imposed by Public Act 93-616. This deletion is intended to
2control over any other Act of the 93rd General Assembly that
3retains or incorporates that fee increase.
4 (i-5) In addition to the fees imposed under subsection (i)
5of this Section, in the case of an offender convicted of a
6felony sex offense (as defined in the Sex Offender Management
7Board Act) or an offense that the court or probation department
8has determined to be sexually motivated (as defined in the Sex
9Offender Management Board Act), the court or the probation
10department shall assess additional fees to pay for all costs of
11treatment, assessment, evaluation for risk and treatment, and
12monitoring the offender, based on that offender's ability to
13pay those costs either as they occur or under a payment plan.
14 (j) All fines and costs imposed under this Section for any
15violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
16Code, or a similar provision of a local ordinance, and any
17violation of the Child Passenger Protection Act, or a similar
18provision of a local ordinance, shall be collected and
19disbursed by the circuit clerk as provided under Section 27.5
20of the Clerks of Courts Act.
21 (k) Any offender who is sentenced to probation or
22conditional discharge for a felony sex offense as defined in
23the Sex Offender Management Board Act or any offense that the
24court or probation department has determined to be sexually
25motivated as defined in the Sex Offender Management Board Act
26shall be required to refrain from any contact, directly or

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1indirectly, with any persons specified by the court and shall
2be available for all evaluations and treatment programs
3required by the court or the probation department.
4 (l) The court may order an offender who is sentenced to
5probation or conditional discharge for a violation of an order
6of protection be placed under electronic surveillance as
7provided in Section 5-8A-7 of this Code.
8(Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143,
9eff. 7-27-15; 99-797, eff. 8-12-16.)
10 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
11 Sec. 5-6-3.1. Incidents and conditions of supervision.
12 (a) When a defendant is placed on supervision, the court
13shall enter an order for supervision specifying the period of
14such supervision, and shall defer further proceedings in the
15case until the conclusion of the period.
16 (b) The period of supervision shall be reasonable under all
17of the circumstances of the case, but may not be longer than 2
18years, unless the defendant has failed to pay the assessment
19required by Section 10.3 of the Cannabis Control Act, Section
20411.2 of the Illinois Controlled Substances Act, or Section 80
21of the Methamphetamine Control and Community Protection Act, in
22which case the court may extend supervision beyond 2 years.
23Additionally, the court shall order the defendant to perform no
24less than 30 hours of community service and not more than 120
25hours of community service, if community service is available

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1in the jurisdiction and is funded and approved by the county
2board where the offense was committed, when the offense (1) was
3related to or in furtherance of the criminal activities of an
4organized gang or was motivated by the defendant's membership
5in or allegiance to an organized gang; or (2) is a violation of
6any Section of Article 24 of the Criminal Code of 1961 or the
7Criminal Code of 2012 where a disposition of supervision is not
8prohibited by Section 5-6-1 of this Code. The community service
9shall include, but not be limited to, the cleanup and repair of
10any damage caused by violation of Section 21-1.3 of the
11Criminal Code of 1961 or the Criminal Code of 2012 and similar
12damages to property located within the municipality or county
13in which the violation occurred. Where possible and reasonable,
14the community service should be performed in the offender's
15neighborhood.
16 For the purposes of this Section, "organized gang" has the
17meaning ascribed to it in Section 10 of the Illinois Streetgang
18Terrorism Omnibus Prevention Act.
19 (c) The court may in addition to other reasonable
20conditions relating to the nature of the offense or the
21rehabilitation of the defendant as determined for each
22defendant in the proper discretion of the court require that
23the person:
24 (1) make a report to and appear in person before or
25 participate with the court or such courts, person, or
26 social service agency as directed by the court in the order

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1 of supervision;
2 (2) pay a fine and costs;
3 (3) work or pursue a course of study or vocational
4 training;
5 (4) undergo medical, psychological or psychiatric
6 treatment; or treatment for drug addiction or alcoholism;
7 (5) attend or reside in a facility established for the
8 instruction or residence of defendants on probation;
9 (6) support his dependents;
10 (7) refrain from possessing a firearm or other
11 dangerous weapon;
12 (8) and in addition, if a minor:
13 (i) reside with his parents or in a foster home;
14 (ii) attend school;
15 (iii) attend a non-residential program for youth;
16 (iv) contribute to his own support at home or in a
17 foster home; or
18 (v) with the consent of the superintendent of the
19 facility, attend an educational program at a facility
20 other than the school in which the offense was
21 committed if he or she is placed on supervision for a
22 crime of violence as defined in Section 2 of the Crime
23 Victims Compensation Act committed in a school, on the
24 real property comprising a school, or within 1,000 feet
25 of the real property comprising a school;
26 (9) make restitution or reparation in an amount not to

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1 exceed actual loss or damage to property and pecuniary loss
2 or make restitution under Section 5-5-6 to a domestic
3 violence shelter. The court shall determine the amount and
4 conditions of payment;
5 (10) perform some reasonable public or community
6 service;
7 (11) comply with the terms and conditions of an order
8 of protection issued by the court pursuant to the Illinois
9 Domestic Violence Act of 1986 or an order of protection
10 issued by the court of another state, tribe, or United
11 States territory. If the court has ordered the defendant to
12 make a report and appear in person under paragraph (1) of
13 this subsection, a copy of the order of protection shall be
14 transmitted to the person or agency so designated by the
15 court;
16 (12) reimburse any "local anti-crime program" as
17 defined in Section 7 of the Anti-Crime Advisory Council Act
18 for any reasonable expenses incurred by the program on the
19 offender's case, not to exceed the maximum amount of the
20 fine authorized for the offense for which the defendant was
21 sentenced;
22 (13) contribute a reasonable sum of money, not to
23 exceed the maximum amount of the fine authorized for the
24 offense for which the defendant was sentenced, (i) to a
25 "local anti-crime program", as defined in Section 7 of the
26 Anti-Crime Advisory Council Act, or (ii) for offenses under

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1 the jurisdiction of the Department of Natural Resources, to
2 the fund established by the Department of Natural Resources
3 for the purchase of evidence for investigation purposes and
4 to conduct investigations as outlined in Section 805-105 of
5 the Department of Natural Resources (Conservation) Law;
6 (14) refrain from entering into a designated
7 geographic area except upon such terms as the court finds
8 appropriate. Such terms may include consideration of the
9 purpose of the entry, the time of day, other persons
10 accompanying the defendant, and advance approval by a
11 probation officer;
12 (15) refrain from having any contact, directly or
13 indirectly, with certain specified persons or particular
14 types of person, including but not limited to members of
15 street gangs and drug users or dealers;
16 (16) refrain from having in his or her body the
17 presence of any illicit drug prohibited by the Cannabis
18 Control Act, the Illinois Controlled Substances Act, or the
19 Methamphetamine Control and Community Protection Act,
20 unless prescribed by a physician, and submit samples of his
21 or her blood or urine or both for tests to determine the
22 presence of any illicit drug;
23 (17) refrain from operating any motor vehicle not
24 equipped with an ignition interlock device as defined in
25 Section 1-129.1 of the Illinois Vehicle Code; under this
26 condition the court may allow a defendant who is not

HB3169 Enrolled- 186 -LRB100 00350 KTG 10354 b
1 self-employed to operate a vehicle owned by the defendant's
2 employer that is not equipped with an ignition interlock
3 device in the course and scope of the defendant's
4 employment; and
5 (18) if placed on supervision for a sex offense as
6 defined in subsection (a-5) of Section 3-1-2 of this Code,
7 unless the offender is a parent or guardian of the person
8 under 18 years of age present in the home and no
9 non-familial minors are present, not participate in a
10 holiday event involving children under 18 years of age,
11 such as distributing candy or other items to children on
12 Halloween, wearing a Santa Claus costume on or preceding
13 Christmas, being employed as a department store Santa
14 Claus, or wearing an Easter Bunny costume on or preceding
15 Easter.
16 (c-5) If payment of restitution as ordered has not been
17made, the victim shall file a petition notifying the sentencing
18court, any other person to whom restitution is owed, and the
19State's Attorney of the status of the ordered restitution
20payments unpaid at least 90 days before the supervision
21expiration date. If payment as ordered has not been made, the
22court shall hold a review hearing prior to the expiration date,
23unless the hearing is voluntarily waived by the defendant with
24the knowledge that waiver may result in an extension of the
25supervision period or in a revocation of supervision. If the
26court does not extend supervision, it shall issue a judgment

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1for the unpaid restitution and direct the clerk of the circuit
2court to file and enter the judgment in the judgment and lien
3docket, without fee, unless it finds that the victim has
4recovered a judgment against the defendant for the amount
5covered by the restitution order. If the court issues a
6judgment for the unpaid restitution, the court shall send to
7the defendant at his or her last known address written
8notification that a civil judgment has been issued for the
9unpaid restitution.
10 (d) The court shall defer entering any judgment on the
11charges until the conclusion of the supervision.
12 (e) At the conclusion of the period of supervision, if the
13court determines that the defendant has successfully complied
14with all of the conditions of supervision, the court shall
15discharge the defendant and enter a judgment dismissing the
16charges.
17 (f) Discharge and dismissal upon a successful conclusion of
18a disposition of supervision shall be deemed without
19adjudication of guilt and shall not be termed a conviction for
20purposes of disqualification or disabilities imposed by law
21upon conviction of a crime. Two years after the discharge and
22dismissal under this Section, unless the disposition of
23supervision was for a violation of Sections 3-707, 3-708,
243-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
25similar provision of a local ordinance, or for a violation of
26Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961

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1or the Criminal Code of 2012, in which case it shall be 5 years
2after discharge and dismissal, a person may have his record of
3arrest sealed or expunged as may be provided by law. However,
4any defendant placed on supervision before January 1, 1980, may
5move for sealing or expungement of his arrest record, as
6provided by law, at any time after discharge and dismissal
7under this Section. A person placed on supervision for a sexual
8offense committed against a minor as defined in clause
9(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
10for a violation of Section 11-501 of the Illinois Vehicle Code
11or a similar provision of a local ordinance shall not have his
12or her record of arrest sealed or expunged.
13 (g) A defendant placed on supervision and who during the
14period of supervision undergoes mandatory drug or alcohol
15testing, or both, or is assigned to be placed on an approved
16electronic monitoring device, shall be ordered to pay the costs
17incidental to such mandatory drug or alcohol testing, or both,
18and costs incidental to such approved electronic monitoring in
19accordance with the defendant's ability to pay those costs. The
20county board with the concurrence of the Chief Judge of the
21judicial circuit in which the county is located shall establish
22reasonable fees for the cost of maintenance, testing, and
23incidental expenses related to the mandatory drug or alcohol
24testing, or both, and all costs incidental to approved
25electronic monitoring, of all defendants placed on
26supervision. The concurrence of the Chief Judge shall be in the

HB3169 Enrolled- 189 -LRB100 00350 KTG 10354 b
1form of an administrative order. The fees shall be collected by
2the clerk of the circuit court, except as provided in an
3administrative order of the Chief Judge of the circuit court.
4The clerk of the circuit court shall pay all moneys collected
5from these fees to the county treasurer who shall use the
6moneys collected to defray the costs of drug testing, alcohol
7testing, and electronic monitoring. The county treasurer shall
8deposit the fees collected in the county working cash fund
9under Section 6-27001 or Section 6-29002 of the Counties Code,
10as the case may be.
11 The Chief Judge of the circuit court of the county may by
12administrative order establish a program for electronic
13monitoring of offenders, in which a vendor supplies and
14monitors the operation of the electronic monitoring device, and
15collects the fees on behalf of the county. The program shall
16include provisions for indigent offenders and the collection of
17unpaid fees. The program shall not unduly burden the offender
18and shall be subject to review by the Chief Judge.
19 The Chief Judge of the circuit court may suspend any
20additional charges or fees for late payment, interest, or
21damage to any device.
22 (h) A disposition of supervision is a final order for the
23purposes of appeal.
24 (i) The court shall impose upon a defendant placed on
25supervision after January 1, 1992 or to community service under
26the supervision of a probation or court services department

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1after January 1, 2004, as a condition of supervision or
2supervised community service, a fee of $50 for each month of
3supervision or supervised community service ordered by the
4court, unless after determining the inability of the person
5placed on supervision or supervised community service to pay
6the fee, the court assesses a lesser fee. The court may not
7impose the fee on a minor who is placed in the guardianship or
8custody of the Department of Children and Family Services made
9a ward of the State under the Juvenile Court Act of 1987 while
10the minor is in placement. The fee shall be imposed only upon a
11defendant who is actively supervised by the probation and court
12services department. The fee shall be collected by the clerk of
13the circuit court. The clerk of the circuit court shall pay all
14monies collected from this fee to the county treasurer for
15deposit in the probation and court services fund pursuant to
16Section 15.1 of the Probation and Probation Officers Act.
17 A circuit court may not impose a probation fee in excess of
18$25 per month unless the circuit court has adopted, by
19administrative order issued by the chief judge, a standard
20probation fee guide determining an offender's ability to pay.
21Of the amount collected as a probation fee, not to exceed $5 of
22that fee collected per month may be used to provide services to
23crime victims and their families.
24 The Court may only waive probation fees based on an
25offender's ability to pay. The probation department may
26re-evaluate an offender's ability to pay every 6 months, and,

HB3169 Enrolled- 191 -LRB100 00350 KTG 10354 b
1with the approval of the Director of Court Services or the
2Chief Probation Officer, adjust the monthly fee amount. An
3offender may elect to pay probation fees due in a lump sum. Any
4offender that has been assigned to the supervision of a
5probation department, or has been transferred either under
6subsection (h) of this Section or under any interstate compact,
7shall be required to pay probation fees to the department
8supervising the offender, based on the offender's ability to
9pay.
10 (j) All fines and costs imposed under this Section for any
11violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
12Code, or a similar provision of a local ordinance, and any
13violation of the Child Passenger Protection Act, or a similar
14provision of a local ordinance, shall be collected and
15disbursed by the circuit clerk as provided under Section 27.5
16of the Clerks of Courts Act.
17 (k) A defendant at least 17 years of age who is placed on
18supervision for a misdemeanor in a county of 3,000,000 or more
19inhabitants and who has not been previously convicted of a
20misdemeanor or felony may as a condition of his or her
21supervision be required by the court to attend educational
22courses designed to prepare the defendant for a high school
23diploma and to work toward a high school diploma or to work
24toward passing high school equivalency testing or to work
25toward completing a vocational training program approved by the
26court. The defendant placed on supervision must attend a public

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1institution of education to obtain the educational or
2vocational training required by this subsection (k). The
3defendant placed on supervision shall be required to pay for
4the cost of the educational courses or high school equivalency
5testing if a fee is charged for those courses or testing. The
6court shall revoke the supervision of a person who wilfully
7fails to comply with this subsection (k). The court shall
8resentence the defendant upon revocation of supervision as
9provided in Section 5-6-4. This subsection (k) does not apply
10to a defendant who has a high school diploma or has
11successfully passed high school equivalency testing. This
12subsection (k) does not apply to a defendant who is determined
13by the court to be a person with a developmental disability or
14otherwise mentally incapable of completing the educational or
15vocational program.
16 (l) The court shall require a defendant placed on
17supervision for possession of a substance prohibited by the
18Cannabis Control Act, the Illinois Controlled Substances Act,
19or the Methamphetamine Control and Community Protection Act
20after a previous conviction or disposition of supervision for
21possession of a substance prohibited by the Cannabis Control
22Act, the Illinois Controlled Substances Act, or the
23Methamphetamine Control and Community Protection Act or a
24sentence of probation under Section 10 of the Cannabis Control
25Act or Section 410 of the Illinois Controlled Substances Act
26and after a finding by the court that the person is addicted,

HB3169 Enrolled- 193 -LRB100 00350 KTG 10354 b
1to undergo treatment at a substance abuse program approved by
2the court.
3 (m) The Secretary of State shall require anyone placed on
4court supervision for a violation of Section 3-707 of the
5Illinois Vehicle Code or a similar provision of a local
6ordinance to give proof of his or her financial responsibility
7as defined in Section 7-315 of the Illinois Vehicle Code. The
8proof shall be maintained by the individual in a manner
9satisfactory to the Secretary of State for a minimum period of
103 years after the date the proof is first filed. The proof
11shall be limited to a single action per arrest and may not be
12affected by any post-sentence disposition. The Secretary of
13State shall suspend the driver's license of any person
14determined by the Secretary to be in violation of this
15subsection.
16 (n) Any offender placed on supervision for any offense that
17the court or probation department has determined to be sexually
18motivated as defined in the Sex Offender Management Board Act
19shall be required to refrain from any contact, directly or
20indirectly, with any persons specified by the court and shall
21be available for all evaluations and treatment programs
22required by the court or the probation department.
23 (o) An offender placed on supervision for a sex offense as
24defined in the Sex Offender Management Board Act shall refrain
25from residing at the same address or in the same condominium
26unit or apartment unit or in the same condominium complex or

HB3169 Enrolled- 194 -LRB100 00350 KTG 10354 b
1apartment complex with another person he or she knows or
2reasonably should know is a convicted sex offender or has been
3placed on supervision for a sex offense. The provisions of this
4subsection (o) do not apply to a person convicted of a sex
5offense who is placed in a Department of Corrections licensed
6transitional housing facility for sex offenders.
7 (p) An offender placed on supervision for an offense
8committed on or after June 1, 2008 (the effective date of
9Public Act 95-464) that would qualify the accused as a child
10sex offender as defined in Section 11-9.3 or 11-9.4 of the
11Criminal Code of 1961 or the Criminal Code of 2012 shall
12refrain from communicating with or contacting, by means of the
13Internet, a person who is not related to the accused and whom
14the accused reasonably believes to be under 18 years of age.
15For purposes of this subsection (p), "Internet" has the meaning
16ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
17and a person is not related to the accused if the person is
18not: (i) the spouse, brother, or sister of the accused; (ii) a
19descendant of the accused; (iii) a first or second cousin of
20the accused; or (iv) a step-child or adopted child of the
21accused.
22 (q) An offender placed on supervision for an offense
23committed on or after June 1, 2008 (the effective date of
24Public Act 95-464) that would qualify the accused as a child
25sex offender as defined in Section 11-9.3 or 11-9.4 of the
26Criminal Code of 1961 or the Criminal Code of 2012 shall, if so

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1ordered by the court, refrain from communicating with or
2contacting, by means of the Internet, a person who is related
3to the accused and whom the accused reasonably believes to be
4under 18 years of age. For purposes of this subsection (q),
5"Internet" has the meaning ascribed to it in Section 16-0.1 of
6the Criminal Code of 2012; and a person is related to the
7accused if the person is: (i) the spouse, brother, or sister of
8the accused; (ii) a descendant of the accused; (iii) a first or
9second cousin of the accused; or (iv) a step-child or adopted
10child of the accused.
11 (r) An offender placed on supervision for an offense under
12Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
13juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
1411-21 of the Criminal Code of 1961 or the Criminal Code of
152012, or any attempt to commit any of these offenses, committed
16on or after June 1, 2009 (the effective date of Public Act
1795-983) this amendatory Act of the 95th General Assembly shall:
18 (i) not access or use a computer or any other device
19 with Internet capability without the prior written
20 approval of the court, except in connection with the
21 offender's employment or search for employment with the
22 prior approval of the court;
23 (ii) submit to periodic unannounced examinations of
24 the offender's computer or any other device with Internet
25 capability by the offender's probation officer, a law
26 enforcement officer, or assigned computer or information

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1 technology specialist, including the retrieval and copying
2 of all data from the computer or device and any internal or
3 external peripherals and removal of such information,
4 equipment, or device to conduct a more thorough inspection;
5 (iii) submit to the installation on the offender's
6 computer or device with Internet capability, at the
7 offender's expense, of one or more hardware or software
8 systems to monitor the Internet use; and
9 (iv) submit to any other appropriate restrictions
10 concerning the offender's use of or access to a computer or
11 any other device with Internet capability imposed by the
12 court.
13 (s) An offender placed on supervision for an offense that
14is a sex offense as defined in Section 2 of the Sex Offender
15Registration Act that is committed on or after January 1, 2010
16(the effective date of Public Act 96-362) that requires the
17person to register as a sex offender under that Act, may not
18knowingly use any computer scrub software on any computer that
19the sex offender uses.
20 (t) An offender placed on supervision for a sex offense as
21defined in the Sex Offender Registration Act committed on or
22after January 1, 2010 (the effective date of Public Act 96-262)
23shall refrain from accessing or using a social networking
24website as defined in Section 17-0.5 of the Criminal Code of
252012.
26 (u) Jurisdiction over an offender may be transferred from

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1the sentencing court to the court of another circuit with the
2concurrence of both courts. Further transfers or retransfers of
3jurisdiction are also authorized in the same manner. The court
4to which jurisdiction has been transferred shall have the same
5powers as the sentencing court. The probation department within
6the circuit to which jurisdiction has been transferred may
7impose probation fees upon receiving the transferred offender,
8as provided in subsection (i). The probation department from
9the original sentencing court shall retain all probation fees
10collected prior to the transfer.
11(Source: P.A. 98-718, eff. 1-1-15; 98-940, eff. 1-1-15; 99-78,
12eff. 7-20-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
1399-797, eff. 8-12-16; revised 9-1-16.)
14 Section 90. The Mental Health and Developmental
15Disabilities Confidentiality Act is amended by changing
16Section 9 as follows:
17 (740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
18 Sec. 9. In the course of providing services and after the
19conclusion of the provision of services, including for the
20purposes of treatment and care coordination, a therapist,
21integrated health system, or member of an interdisciplinary
22team may use, disclose, or re-disclose a record or
23communications without consent to:
24 (1) the therapist's supervisor, a consulting

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1 therapist, members of a staff team participating in the
2 provision of services, a record custodian, a business
3 associate, an integrated health system, a member of an
4 interdisciplinary team, or a person acting under the
5 supervision and control of the therapist;
6 (2) persons conducting a peer review of the services
7 being provided;
8 (3) the Institute for Juvenile Research and the
9 Institute for the Study of Developmental Disabilities;
10 (4) an attorney or advocate consulted by a therapist or
11 agency which provides services concerning the therapist's
12 or agency's legal rights or duties in relation to the
13 recipient and the services being provided; and
14 (5) the Inspector General of the Department of Children
15 and Family Services when such records or communications are
16 relevant to a pending investigation authorized by Section
17 35.5 of the Children and Family Services Act where:
18 (A) the recipient was either (i) a parent, foster
19 parent, or caretaker who is an alleged perpetrator of
20 abuse or neglect or the subject of a dependency
21 investigation or (ii) a victim of alleged abuse or
22 neglect who was not a youth in care as defined in
23 Section 4d of the Children and Family Services Act
24 non-ward victim of alleged abuse or neglect, and
25 (B) available information demonstrates that the
26 mental health of the recipient was or should have been

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1 an issue to the safety of the child.
2 In the course of providing services, a therapist,
3integrated health system, or member of an interdisciplinary
4team may disclose a record or communications without consent to
5any department, agency, institution or facility which has
6custody of the recipient pursuant to State statute or any court
7order of commitment.
8 Information may be disclosed under this Section only to the
9extent that knowledge of the record or communications is
10essential to the purpose for which disclosure is made and only
11after the recipient is informed that such disclosure may be
12made. A person to whom disclosure is made under this Section
13shall not redisclose any information except as provided in this
14Act.
15(Source: P.A. 98-378, eff. 8-16-13.)
16 Section 95. The Adoption Act is amended by changing
17Sections 1, 12.2, 18.3, and 18.9 as follows:
18 (750 ILCS 50/1) (from Ch. 40, par. 1501)
19 Sec. 1. Definitions. When used in this Act, unless the
20context otherwise requires:
21 A. "Child" means a person under legal age subject to
22adoption under this Act.
23 B. "Related child" means a child subject to adoption where
24either or both of the adopting parents stands in any of the

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1following relationships to the child by blood, marriage,
2adoption, or civil union: parent, grand-parent,
3great-grandparent, brother, sister, step-parent,
4step-grandparent, step-brother, step-sister, uncle, aunt,
5great-uncle, great-aunt, first cousin, or second cousin. A
6person is related to the child as a first cousin or second
7cousin if they are both related to the same ancestor as either
8grandchild or great-grandchild. A child whose parent has
9executed a consent to adoption, a surrender, or a waiver
10pursuant to Section 10 of this Act or whose parent has signed a
11denial of paternity pursuant to Section 12 of the Vital Records
12Act or Section 12a of this Act, or whose parent has had his or
13her parental rights terminated, is not a related child to that
14person, unless (1) the consent is determined to be void or is
15void pursuant to subsection O of Section 10 of this Act; or (2)
16the parent of the child executed a consent to adoption by a
17specified person or persons pursuant to subsection A-1 of
18Section 10 of this Act and a court of competent jurisdiction
19finds that such consent is void; or (3) the order terminating
20the parental rights of the parent is vacated by a court of
21competent jurisdiction.
22 C. "Agency" for the purpose of this Act means a public
23child welfare agency or a licensed child welfare agency.
24 D. "Unfit person" means any person whom the court shall
25find to be unfit to have a child, without regard to the
26likelihood that the child will be placed for adoption. The

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1grounds of unfitness are any one or more of the following,
2except that a person shall not be considered an unfit person
3for the sole reason that the person has relinquished a child in
4accordance with the Abandoned Newborn Infant Protection Act:
5 (a) Abandonment of the child.
6 (a-1) Abandonment of a newborn infant in a hospital.
7 (a-2) Abandonment of a newborn infant in any setting
8 where the evidence suggests that the parent intended to
9 relinquish his or her parental rights.
10 (b) Failure to maintain a reasonable degree of
11 interest, concern or responsibility as to the child's
12 welfare.
13 (c) Desertion of the child for more than 3 months next
14 preceding the commencement of the Adoption proceeding.
15 (d) Substantial neglect of the child if continuous or
16 repeated.
17 (d-1) Substantial neglect, if continuous or repeated,
18 of any child residing in the household which resulted in
19 the death of that child.
20 (e) Extreme or repeated cruelty to the child.
21 (f) There is a rebuttable presumption, which can be
22 overcome only by clear and convincing evidence, that a
23 parent is unfit if:
24 (1) Two or more findings of physical abuse have
25 been entered regarding any children under Section 2-21
26 of the Juvenile Court Act of 1987, the most recent of

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1 which was determined by the juvenile court hearing the
2 matter to be supported by clear and convincing
3 evidence; or
4 (2) The parent has been convicted or found not
5 guilty by reason of insanity and the conviction or
6 finding resulted from the death of any child by
7 physical abuse; or
8 (3) There is a finding of physical child abuse
9 resulting from the death of any child under Section
10 2-21 of the Juvenile Court Act of 1987.
11 No conviction or finding of delinquency pursuant to
12 Article V of the Juvenile Court Act of 1987 shall be
13 considered a criminal conviction for the purpose of
14 applying any presumption under this item (f).
15 (g) Failure to protect the child from conditions within
16 his environment injurious to the child's welfare.
17 (h) Other neglect of, or misconduct toward the child;
18 provided that in making a finding of unfitness the court
19 hearing the adoption proceeding shall not be bound by any
20 previous finding, order or judgment affecting or
21 determining the rights of the parents toward the child
22 sought to be adopted in any other proceeding except such
23 proceedings terminating parental rights as shall be had
24 under either this Act, the Juvenile Court Act or the
25 Juvenile Court Act of 1987.
26 (i) Depravity. Conviction of any one of the following

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1 crimes shall create a presumption that a parent is depraved
2 which can be overcome only by clear and convincing
3 evidence: (1) first degree murder in violation of paragraph
4 1 or 2 of subsection (a) of Section 9-1 of the Criminal
5 Code of 1961 or the Criminal Code of 2012 or conviction of
6 second degree murder in violation of subsection (a) of
7 Section 9-2 of the Criminal Code of 1961 or the Criminal
8 Code of 2012 of a parent of the child to be adopted; (2)
9 first degree murder or second degree murder of any child in
10 violation of the Criminal Code of 1961 or the Criminal Code
11 of 2012; (3) attempt or conspiracy to commit first degree
12 murder or second degree murder of any child in violation of
13 the Criminal Code of 1961 or the Criminal Code of 2012; (4)
14 solicitation to commit murder of any child, solicitation to
15 commit murder of any child for hire, or solicitation to
16 commit second degree murder of any child in violation of
17 the Criminal Code of 1961 or the Criminal Code of 2012; (5)
18 predatory criminal sexual assault of a child in violation
19 of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
20 or the Criminal Code of 2012; (6) heinous battery of any
21 child in violation of the Criminal Code of 1961; or (7)
22 aggravated battery of any child in violation of the
23 Criminal Code of 1961 or the Criminal Code of 2012.
24 There is a rebuttable presumption that a parent is
25 depraved if the parent has been criminally convicted of at
26 least 3 felonies under the laws of this State or any other

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1 state, or under federal law, or the criminal laws of any
2 United States territory; and at least one of these
3 convictions took place within 5 years of the filing of the
4 petition or motion seeking termination of parental rights.
5 There is a rebuttable presumption that a parent is
6 depraved if that parent has been criminally convicted of
7 either first or second degree murder of any person as
8 defined in the Criminal Code of 1961 or the Criminal Code
9 of 2012 within 10 years of the filing date of the petition
10 or motion to terminate parental rights.
11 No conviction or finding of delinquency pursuant to
12 Article 5 of the Juvenile Court Act of 1987 shall be
13 considered a criminal conviction for the purpose of
14 applying any presumption under this item (i).
15 (j) Open and notorious adultery or fornication.
16 (j-1) (Blank).
17 (k) Habitual drunkenness or addiction to drugs, other
18 than those prescribed by a physician, for at least one year
19 immediately prior to the commencement of the unfitness
20 proceeding.
21 There is a rebuttable presumption that a parent is
22 unfit under this subsection with respect to any child to
23 which that parent gives birth where there is a confirmed
24 test result that at birth the child's blood, urine, or
25 meconium contained any amount of a controlled substance as
26 defined in subsection (f) of Section 102 of the Illinois

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1 Controlled Substances Act or metabolites of such
2 substances, the presence of which in the newborn infant was
3 not the result of medical treatment administered to the
4 mother or the newborn infant; and the biological mother of
5 this child is the biological mother of at least one other
6 child who was adjudicated a neglected minor under
7 subsection (c) of Section 2-3 of the Juvenile Court Act of
8 1987.
9 (l) Failure to demonstrate a reasonable degree of
10 interest, concern or responsibility as to the welfare of a
11 new born child during the first 30 days after its birth.
12 (m) Failure by a parent (i) to make reasonable efforts
13 to correct the conditions that were the basis for the
14 removal of the child from the parent during any 9-month
15 period following the adjudication of neglected or abused
16 minor under Section 2-3 of the Juvenile Court Act of 1987
17 or dependent minor under Section 2-4 of that Act, or (ii)
18 to make reasonable progress toward the return of the child
19 to the parent during any 9-month period following the
20 adjudication of neglected or abused minor under Section 2-3
21 of the Juvenile Court Act of 1987 or dependent minor under
22 Section 2-4 of that Act. If a service plan has been
23 established as required under Section 8.2 of the Abused and
24 Neglected Child Reporting Act to correct the conditions
25 that were the basis for the removal of the child from the
26 parent and if those services were available, then, for

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1 purposes of this Act, "failure to make reasonable progress
2 toward the return of the child to the parent" includes the
3 parent's failure to substantially fulfill his or her
4 obligations under the service plan and correct the
5 conditions that brought the child into care during any
6 9-month period following the adjudication under Section
7 2-3 or 2-4 of the Juvenile Court Act of 1987.
8 Notwithstanding any other provision, when a petition or
9 motion seeks to terminate parental rights on the basis of
10 item (ii) of this subsection (m), the petitioner shall file
11 with the court and serve on the parties a pleading that
12 specifies the 9-month period or periods relied on. The
13 pleading shall be filed and served on the parties no later
14 than 3 weeks before the date set by the court for closure
15 of discovery, and the allegations in the pleading shall be
16 treated as incorporated into the petition or motion.
17 Failure of a respondent to file a written denial of the
18 allegations in the pleading shall not be treated as an
19 admission that the allegations are true.
20 (m-1) (Blank).
21 (n) Evidence of intent to forgo his or her parental
22 rights, whether or not the child is a ward of the court,
23 (1) as manifested by his or her failure for a period of 12
24 months: (i) to visit the child, (ii) to communicate with
25 the child or agency, although able to do so and not
26 prevented from doing so by an agency or by court order, or

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1 (iii) to maintain contact with or plan for the future of
2 the child, although physically able to do so, or (2) as
3 manifested by the father's failure, where he and the mother
4 of the child were unmarried to each other at the time of
5 the child's birth, (i) to commence legal proceedings to
6 establish his paternity under the Illinois Parentage Act of
7 1984, the Illinois Parentage Act of 2015, or the law of the
8 jurisdiction of the child's birth within 30 days of being
9 informed, pursuant to Section 12a of this Act, that he is
10 the father or the likely father of the child or, after
11 being so informed where the child is not yet born, within
12 30 days of the child's birth, or (ii) to make a good faith
13 effort to pay a reasonable amount of the expenses related
14 to the birth of the child and to provide a reasonable
15 amount for the financial support of the child, the court to
16 consider in its determination all relevant circumstances,
17 including the financial condition of both parents;
18 provided that the ground for termination provided in this
19 subparagraph (n)(2)(ii) shall only be available where the
20 petition is brought by the mother or the husband of the
21 mother.
22 Contact or communication by a parent with his or her
23 child that does not demonstrate affection and concern does
24 not constitute reasonable contact and planning under
25 subdivision (n). In the absence of evidence to the
26 contrary, the ability to visit, communicate, maintain

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1 contact, pay expenses and plan for the future shall be
2 presumed. The subjective intent of the parent, whether
3 expressed or otherwise, unsupported by evidence of the
4 foregoing parental acts manifesting that intent, shall not
5 preclude a determination that the parent has intended to
6 forgo his or her parental rights. In making this
7 determination, the court may consider but shall not require
8 a showing of diligent efforts by an authorized agency to
9 encourage the parent to perform the acts specified in
10 subdivision (n).
11 It shall be an affirmative defense to any allegation
12 under paragraph (2) of this subsection that the father's
13 failure was due to circumstances beyond his control or to
14 impediments created by the mother or any other person
15 having legal custody. Proof of that fact need only be by a
16 preponderance of the evidence.
17 (o) Repeated or continuous failure by the parents,
18 although physically and financially able, to provide the
19 child with adequate food, clothing, or shelter.
20 (p) Inability to discharge parental responsibilities
21 supported by competent evidence from a psychiatrist,
22 licensed clinical social worker, or clinical psychologist
23 of mental impairment, mental illness or an intellectual
24 disability as defined in Section 1-116 of the Mental Health
25 and Developmental Disabilities Code, or developmental
26 disability as defined in Section 1-106 of that Code, and

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1 there is sufficient justification to believe that the
2 inability to discharge parental responsibilities shall
3 extend beyond a reasonable time period. However, this
4 subdivision (p) shall not be construed so as to permit a
5 licensed clinical social worker to conduct any medical
6 diagnosis to determine mental illness or mental
7 impairment.
8 (q) (Blank).
9 (r) The child is in the temporary custody or
10 guardianship of the Department of Children and Family
11 Services, the parent is incarcerated as a result of
12 criminal conviction at the time the petition or motion for
13 termination of parental rights is filed, prior to
14 incarceration the parent had little or no contact with the
15 child or provided little or no support for the child, and
16 the parent's incarceration will prevent the parent from
17 discharging his or her parental responsibilities for the
18 child for a period in excess of 2 years after the filing of
19 the petition or motion for termination of parental rights.
20 (s) The child is in the temporary custody or
21 guardianship of the Department of Children and Family
22 Services, the parent is incarcerated at the time the
23 petition or motion for termination of parental rights is
24 filed, the parent has been repeatedly incarcerated as a
25 result of criminal convictions, and the parent's repeated
26 incarceration has prevented the parent from discharging

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1 his or her parental responsibilities for the child.
2 (t) A finding that at birth the child's blood, urine,
3 or meconium contained any amount of a controlled substance
4 as defined in subsection (f) of Section 102 of the Illinois
5 Controlled Substances Act, or a metabolite of a controlled
6 substance, with the exception of controlled substances or
7 metabolites of such substances, the presence of which in
8 the newborn infant was the result of medical treatment
9 administered to the mother or the newborn infant, and that
10 the biological mother of this child is the biological
11 mother of at least one other child who was adjudicated a
12 neglected minor under subsection (c) of Section 2-3 of the
13 Juvenile Court Act of 1987, after which the biological
14 mother had the opportunity to enroll in and participate in
15 a clinically appropriate substance abuse counseling,
16 treatment, and rehabilitation program.
17 E. "Parent" means a person who is the legal mother or legal
18father of the child as defined in subsection X or Y of this
19Section. For the purpose of this Act, a parent who has executed
20a consent to adoption, a surrender, or a waiver pursuant to
21Section 10 of this Act, who has signed a Denial of Paternity
22pursuant to Section 12 of the Vital Records Act or Section 12a
23of this Act, or whose parental rights have been terminated by a
24court, is not a parent of the child who was the subject of the
25consent, surrender, waiver, or denial unless (1) the consent is
26void pursuant to subsection O of Section 10 of this Act; or (2)

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1the person executed a consent to adoption by a specified person
2or persons pursuant to subsection A-1 of Section 10 of this Act
3and a court of competent jurisdiction finds that the consent is
4void; or (3) the order terminating the parental rights of the
5person is vacated by a court of competent jurisdiction.
6 F. A person is available for adoption when the person is:
7 (a) a child who has been surrendered for adoption to an
8 agency and to whose adoption the agency has thereafter
9 consented;
10 (b) a child to whose adoption a person authorized by
11 law, other than his parents, has consented, or to whose
12 adoption no consent is required pursuant to Section 8 of
13 this Act;
14 (c) a child who is in the custody of persons who intend
15 to adopt him through placement made by his parents;
16 (c-1) a child for whom a parent has signed a specific
17 consent pursuant to subsection O of Section 10;
18 (d) an adult who meets the conditions set forth in
19 Section 3 of this Act; or
20 (e) a child who has been relinquished as defined in
21 Section 10 of the Abandoned Newborn Infant Protection Act.
22 A person who would otherwise be available for adoption
23shall not be deemed unavailable for adoption solely by reason
24of his or her death.
25 G. The singular includes the plural and the plural includes
26the singular and the "male" includes the "female", as the

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1context of this Act may require.
2 H. (Blank).
3 I. "Habitual residence" has the meaning ascribed to it in
4the federal Intercountry Adoption Act of 2000 and regulations
5promulgated thereunder.
6 J. "Immediate relatives" means the biological parents, the
7parents of the biological parents and siblings of the
8biological parents.
9 K. "Intercountry adoption" is a process by which a child
10from a country other than the United States is adopted by
11persons who are habitual residents of the United States, or the
12child is a habitual resident of the United States who is
13adopted by persons who are habitual residents of a country
14other than the United States.
15 L. (Blank).
16 M. "Interstate Compact on the Placement of Children" is a
17law enacted by all states and certain territories for the
18purpose of establishing uniform procedures for handling the
19interstate placement of children in foster homes, adoptive
20homes, or other child care facilities.
21 N. (Blank).
22 O. "Preadoption requirements" means any conditions or
23standards established by the laws or administrative rules of
24this State that must be met by a prospective adoptive parent
25prior to the placement of a child in an adoptive home.
26 P. "Abused child" means a child whose parent or immediate

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1family member, or any person responsible for the child's
2welfare, or any individual residing in the same home as the
3child, or a paramour of the child's parent:
4 (a) inflicts, causes to be inflicted, or allows to be
5 inflicted upon the child physical injury, by other than
6 accidental means, that causes death, disfigurement,
7 impairment of physical or emotional health, or loss or
8 impairment of any bodily function;
9 (b) creates a substantial risk of physical injury to
10 the child by other than accidental means which would be
11 likely to cause death, disfigurement, impairment of
12 physical or emotional health, or loss or impairment of any
13 bodily function;
14 (c) commits or allows to be committed any sex offense
15 against the child, as sex offenses are defined in the
16 Criminal Code of 2012 and extending those definitions of
17 sex offenses to include children under 18 years of age;
18 (d) commits or allows to be committed an act or acts of
19 torture upon the child; or
20 (e) inflicts excessive corporal punishment.
21 Q. "Neglected child" means any child whose parent or other
22person responsible for the child's welfare withholds or denies
23nourishment or medically indicated treatment including food or
24care denied solely on the basis of the present or anticipated
25mental or physical impairment as determined by a physician
26acting alone or in consultation with other physicians or

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1otherwise does not provide the proper or necessary support,
2education as required by law, or medical or other remedial care
3recognized under State law as necessary for a child's
4well-being, or other care necessary for his or her well-being,
5including adequate food, clothing and shelter; or who is
6abandoned by his or her parents or other person responsible for
7the child's welfare.
8 A child shall not be considered neglected or abused for the
9sole reason that the child's parent or other person responsible
10for his or her welfare depends upon spiritual means through
11prayer alone for the treatment or cure of disease or remedial
12care as provided under Section 4 of the Abused and Neglected
13Child Reporting Act. A child shall not be considered neglected
14or abused for the sole reason that the child's parent or other
15person responsible for the child's welfare failed to vaccinate,
16delayed vaccination, or refused vaccination for the child due
17to a waiver on religious or medical grounds as permitted by
18law.
19 R. "Putative father" means a man who may be a child's
20father, but who (1) is not married to the child's mother on or
21before the date that the child was or is to be born and (2) has
22not established paternity of the child in a court proceeding
23before the filing of a petition for the adoption of the child.
24The term includes a male who is less than 18 years of age.
25"Putative father" does not mean a man who is the child's father
26as a result of criminal sexual abuse or assault as defined

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1under Article 11 of the Criminal Code of 2012.
2 S. "Standby adoption" means an adoption in which a parent
3consents to custody and termination of parental rights to
4become effective upon the occurrence of a future event, which
5is either the death of the parent or the request of the parent
6for the entry of a final judgment of adoption.
7 T. (Blank).
8 T-5. "Biological parent", "birth parent", or "natural
9parent" of a child are interchangeable terms that mean a person
10who is biologically or genetically related to that child as a
11parent.
12 U. "Interstate adoption" means the placement of a minor
13child with a prospective adoptive parent for the purpose of
14pursuing an adoption for that child that is subject to the
15provisions of the Interstate Compact on Placement of Children.
16 V. (Blank).
17 W. (Blank).
18 X. "Legal father" of a child means a man who is recognized
19as or presumed to be that child's father:
20 (1) because of his marriage to or civil union with the
21 child's parent at the time of the child's birth or within
22 300 days prior to that child's birth, unless he signed a
23 denial of paternity pursuant to Section 12 of the Vital
24 Records Act or a waiver pursuant to Section 10 of this Act;
25 or
26 (2) because his paternity of the child has been

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1 established pursuant to the Illinois Parentage Act, the
2 Illinois Parentage Act of 1984, or the Gestational
3 Surrogacy Act; or
4 (3) because he is listed as the child's father or
5 parent on the child's birth certificate, unless he is
6 otherwise determined by an administrative or judicial
7 proceeding not to be the parent of the child or unless he
8 rescinds his acknowledgment of paternity pursuant to the
9 Illinois Parentage Act of 1984; or
10 (4) because his paternity or adoption of the child has
11 been established by a court of competent jurisdiction.
12 The definition in this subsection X shall not be construed
13to provide greater or lesser rights as to the number of parents
14who can be named on a final judgment order of adoption or
15Illinois birth certificate that otherwise exist under Illinois
16law.
17 Y. "Legal mother" of a child means a woman who is
18recognized as or presumed to be that child's mother:
19 (1) because she gave birth to the child except as
20 provided in the Gestational Surrogacy Act; or
21 (2) because her maternity of the child has been
22 established pursuant to the Illinois Parentage Act of 1984
23 or the Gestational Surrogacy Act; or
24 (3) because her maternity or adoption of the child has
25 been established by a court of competent jurisdiction; or
26 (4) because of her marriage to or civil union with the

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1 child's other parent at the time of the child's birth or
2 within 300 days prior to the time of birth; or
3 (5) because she is listed as the child's mother or
4 parent on the child's birth certificate unless she is
5 otherwise determined by an administrative or judicial
6 proceeding not to be the parent of the child.
7 The definition in this subsection Y shall not be construed
8to provide greater or lesser rights as to the number of parents
9who can be named on a final judgment order of adoption or
10Illinois birth certificate that otherwise exist under Illinois
11law.
12 Z. "Department" means the Illinois Department of Children
13and Family Services.
14 AA. "Placement disruption" means a circumstance where the
15child is removed from an adoptive placement before the adoption
16is finalized.
17 BB. "Secondary placement" means a placement, including but
18not limited to the placement of a youth in care as defined in
19Section 4d of the Children and Family Services Act ward of the
20Department, that occurs after a placement disruption or an
21adoption dissolution. "Secondary placement" does not mean
22secondary placements arising due to the death of the adoptive
23parent of the child.
24 CC. "Adoption dissolution" means a circumstance where the
25child is removed from an adoptive placement after the adoption
26is finalized.

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1 DD. "Unregulated placement" means the secondary placement
2of a child that occurs without the oversight of the courts, the
3Department, or a licensed child welfare agency.
4 EE. "Post-placement and post-adoption support services"
5means support services for placed or adopted children and
6families that include, but are not limited to, counseling for
7emotional, behavioral, or developmental needs.
8(Source: P.A. 98-455, eff. 1-1-14; 98-532, eff. 1-1-14; 98-804,
9eff. 1-1-15; 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; 99-642,
10eff. 7-28-16; 99-836, eff. 1-1-17.)
11 (750 ILCS 50/12.2)
12 Sec. 12.2. Adoptive parent rights and responsibilities.
13Prior to finalization of an adoption pursuant to this Act, any
14prospective adoptive parent in a private adoption who is not
15being provided with adoption services by a licensed child
16welfare agency pursuant to the Child Care Act of 1969, who is
17not adopting a related child, and who is not adopting a child
18who is a youth in care as defined in Section 4d of the Children
19and Family Services Act ward of the Department of Children and
20Family Services shall be provided with the following form:
21
Adoptive Parents Rights and Responsibilities-Private Form
22
THIS FORM DOES NOT CONSTITUTE LEGAL ADVICE. LEGAL ADVICE IS
23
DEPENDENT ON THE SPECIFIC CIRCUMSTANCES OF EACH SITUATION AND
24
JURISDICTION. THE INFORMATION IN THIS FORM CANNOT REPLACE THE
25
ADVICE OF AN ATTORNEY LICENSED IN YOUR STATE.

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1 As an adoptive parent in the State of Illinois, you have
2the right:
3 1. To be treated with dignity and respect.
4 2. To make decisions free from pressure or coercion,
5including your decision to accept or reject the placement of a
6particular child.
7 3. To be informed of the rights of birth parents.
8 4. To know that the birth parent shall have the right to
9request to receive counseling before and after signing a Final
10and Irrevocable Consent to Adoption ("Consent"), a Final and
11Irrevocable Consent to Adoption by a Specified Person or
12Persons: Non-DCFS Case ("Specified Consent"), or a Consent to
13Adoption of Unborn Child ("Unborn Consent"). You may agree to
14pay for the cost of counseling in a manner consistent with
15Illinois law, but you are not required to do so.
16 5. To receive a written schedule of fees and refund
17policies from the entity who will handle the investigation of
18your adoption for the Court.
19 6. To explore the possibility of a subsidy for a child with
20special needs who is not a youth in care as defined in Section
214d of the Children and Family Services Act ward of the Illinois
22Department of Children and Family Services. The Department may
23provide a subsidy if the child meets certain criteria. If you
24adopt a child who is eligible for supplemental security income
25(SSI), or who meets other special needs criteria, your child
26may be subsidy eligible. You should discuss eligibility for a

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1subsidy with your attorney before the adoption is finalized, as
2this option is only available before the entry of a Judgment
3Order for Adoption.
4 7. To share information and connect in the future with the
5birth parent(s) of your child. The birth parent(s), you, and
6the adopted person have the right to voluntarily share medical,
7background, and identifying information, including information
8on the original birth certificate. This can be done through the
9Illinois Adoption Registry and Medical Information Exchange or
10through the birth parent completing a Birth Parent Preference
11Form. Please visit http://www.dph.illinois.gov and search for
12adoption or www.newillinoisadoptionlaw.com.
13 8. To access the Confidential Intermediary program, which
14provides a way for a court appointed person to connect and/or
15exchange information between adopted persons, adoptive parents
16and birth parents, and other biological family members,
17provided in most cases that mutual consent is given. Please
18visit www.ci-illinois.org or call (800) 526-9022(x29).
19 As an adoptive parent in the State of Illinois, it is your
20responsibility:
21 1. To work cooperatively and honestly with the person or
22entity handling your investigation and appointed by the court,
23including disclosing information requested by that person or
24entity.
25 2. To pay the agreed-upon fees to the investigating person
26or entity promptly.

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1 3. To keep the person or entity handling your investigation
2informed of any new pertinent information about your family.
3 4. To cooperate with post-placement monitoring and
4support.
5 5. To consult with your attorney prior to offering any
6financial assistance to the birth parent or parents.
7 6. To obtain training in parenting an adopted child, which
8may include on-line and in-person training on adoption related
9topics.
10(Source: P.A. 99-833, eff. 1-1-17.)
11 (750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
12 Sec. 18.3. (a) The agency, Department of Children and
13Family Services, Court Supportive Services, Juvenile Division
14of the Circuit Court, and any other party to the surrender of a
15child for adoption or in an adoption proceeding shall inform
16any birth parent or parents relinquishing a child for purposes
17of adoption after the effective date of this Act of the
18opportunity to register with the Illinois Adoption Registry and
19Medical Information Exchange and to utilize the Illinois
20confidential intermediary program and shall obtain a written
21confirmation that acknowledges the birth parent's receipt of
22such information.
23 The birth parent shall be informed in writing that if
24contact or exchange of identifying information with the adult
25adopted or surrendered person is to occur, that adult adopted

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1or surrendered person must be 21 years of age or over except as
2referenced in paragraph (d) of this Section.
3 (b) Any birth parent, birth sibling, adopted or surrendered
4person, adoptive parent, or legal guardian indicating their
5desire to receive identifying or medical information shall be
6informed of the existence of the Registry and assistance shall
7be given to such person to legally record his or her name with
8the Registry.
9 (c) The agency, Department of Children and Family Services,
10Court Supportive Services, Juvenile Division of the Circuit
11Court, and any other organization involved in the surrender of
12a child for adoption in an adoption proceeding which has
13written statements from an adopted or surrendered person and
14the birth parent or a birth sibling indicating a desire to
15share identifying information or establish contact shall
16supply such information to the mutually consenting parties,
17except that no identifying information shall be supplied to
18consenting birth siblings if any such sibling is under 21 years
19of age. However, both the Registry having an Information
20Exchange Authorization and the organization having a written
21statement requesting the sharing of identifying information or
22contact shall communicate with each other to determine if the
23adopted or surrendered person or the birth parent or birth
24sibling has signed a form at a later date indicating a change
25in his or her desires regarding the sharing of information or
26contact.

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1 (d) On and after January 1, 2000, any licensed child
2welfare agency which provides post-adoption search assistance
3to adoptive parents, adopted persons, surrendered persons,
4birth parents, or other birth relatives shall require that any
5person requesting post-adoption search assistance complete an
6Illinois Adoption Registry Application prior to the
7commencement of the search. However, former youth in care as
8defined in Section 4d of the Children and Family Services Act
9wards of the Department of Children and Family Services between
10the ages of 18 and 21 who have been surrendered or adopted and
11who are seeking contact or an exchange of information with
12siblings shall not be required to complete an Illinois Adoption
13Registry Application prior to commencement of the search,
14provided that the search is performed consistent with
15applicable Sections of this Act.
16(Source: P.A. 96-895, eff. 5-21-10; 97-1076, eff. 8-24-12.)
17 (750 ILCS 50/18.9)
18 Sec. 18.9. Post-placement and post-adoption support
19services.
20 (a) It is the public policy of this State to find
21permanency for children through adoption and to prevent
22placement disruption, adoption dissolution, and secondary
23placement. Access to post-placement and post-adoption support
24services to provide support and resources for youth in care as
25defined in Section 4d of the Children and Family Services Act

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1wards of the State, foster families, and adoptive families is
2essential to promote permanency. Public awareness of
3post-placement and post-adoption services and the ability of
4families to utilize effective services are essential to
5permanency.
6 (b) The Department shall establish and maintain
7post-placement and post-adoption support services.
8 (c) The Department shall post information about the
9Department's post-placement and post-adoption support services
10on the Department's website and shall provide the information
11to every licensed child welfare agency, every out of State
12placement agency or entity approved under Section 4.1 of this
13Act, and any entity providing adoption support services in the
14Illinois courts. The Department's post-placement and
15post-adoption support services shall be referenced in
16information regarding adoptive parents' rights and
17responsibilities that the Department publishes and provides to
18adoptive parents under this Act. The Department shall establish
19and maintain a toll-free number to advise the public about its
20post-placement and post-adoption support services and post the
21number on its website.
22 (d) Every licensed child welfare agency, every entity
23approved under Section 4.1 of this Act, and any entity
24providing adoption support services in the Illinois courts
25shall provide the Department's website address and link to the
26Department's post-placement and post-adoption services

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1information set forth in subsection (c) of this Section,
2including the Department's toll-free number, to every adoptive
3parent with whom they work in Illinois. This information shall
4be provided prior to placement.
5 (e) Beginning one year after the effective date of this
6amendatory Act of the 99th General Assembly, the Department
7shall report annually to the General Assembly on January 15 the
8following information for the preceding year:
9 (1) a description of all post-placement and
10 post-adoption support services the Department provides;
11 (2) without identifying the names of the recipients of
12 the services, the number of foster parents, prospective
13 adoptive parents, and adoptive families in Illinois who
14 have received the Department's post-placement and
15 post-adoption support services and the type of services
16 provided;
17 (3) the number of families who have contacted the
18 Department about its post-placement and post-adoption
19 services due to a potential placement disruption, adoption
20 dissolution, secondary placement, or unregulated
21 placement, but for whom the Department declined to provide
22 post-placement and post-adoption support services and the
23 reasons that services were denied; and
24 (4) the number of placement disruptions, adoption
25 dissolutions, unregulated placements, and secondary
26 placements, and for each one:

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1 (A) the type of placement or adoption, including
2 whether the child who was the subject of the placement
3 was a youth in care as defined in Section 4d of the
4 Children and Family Services Act ward of the
5 Department, and if the child was not a youth in care
6 ward, whether the adoption was a private, agency,
7 agency-assisted, interstate, or intercountry adoption;
8 (B) if the placement or adoption was intercountry,
9 the country of birth of the child;
10 (C) whether the child who was the subject of the
11 placement disruption, adoption dissolution,
12 unregulated placement, or secondary placement entered
13 State custody;
14 (D) the length of the placement prior to the
15 placement disruption, adoption dissolution,
16 unregulated placement, or secondary placement;
17 (E) the age of the child at the time of the
18 placement disruption, adoption dissolution,
19 unregulated placement, or secondary placement;
20 (F) the reason, if known, for the placement
21 disruption, adoption dissolution, unregulated
22 placement, or secondary placement; and
23 (G) if a licensed child welfare agency or any
24 approved out of State placing entity participated in
25 the initial placement, and, if applicable, the name of
26 the agency or approved out of State placing entity.

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1(Source: P.A. 99-49, eff. 7-15-15.)
2 Section 999. Effective date. This Act takes effect upon
3becoming law.

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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 179/10
4 5 ILCS 350/1from Ch. 127, par. 1301
5 20 ILCS 5/5-535was 20 ILCS 5/6.15
6 20 ILCS 505/4d new
7 20 ILCS 505/5from Ch. 23, par. 5005
8 20 ILCS 505/5afrom Ch. 23, par. 5005a
9 20 ILCS 505/6bfrom Ch. 23, par. 5006b
10 20 ILCS 505/7.5
11 20 ILCS 505/34.11
12 20 ILCS 505/35.1from Ch. 23, par. 5035.1
13 20 ILCS 505/39.3
14 20 ILCS 515/20
15 20 ILCS 535/10
16 20 ILCS 1705/69
17 30 ILCS 105/16from Ch. 127, par. 152
18 30 ILCS 105/24.5from Ch. 127, par. 160.5
19 55 ILCS 5/3-3013from Ch. 34, par. 3-3013
20 105 ILCS 5/14-8.02a
21 225 ILCS 10/2.01b new
22 225 ILCS 10/2.31
23 225 ILCS 10/7.3
24 325 ILCS 20/12from Ch. 23, par. 4162
25 325 ILCS 25/1from Ch. 23, par. 6551

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