Bill Text: IL HB4321 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that any time prior to a minor's 18th birthday, under a supplemental petition, the court may reinstate wardship and open a previously closed case when: (1) wardship and guardianship under the Act was vacated in conjunction with the appointment of a private guardian under the Probate Act of 1975; or (2) the minor is not presently a ward of the court under the Act nor is there a petition for adjudication of wardship pending on behalf of the minor; and it is in the minor's best interest that wardship be reinstated. Provides that any time prior to a minor's 21st birthday, under a supplemental petition, the court may reinstate wardship and open a previously closed case when: (1) wardship and guardianship under the Act was vacated under an order by the court finding that the health, safety, and the best interests of the minor and the public no longer require the wardship of the court in the case of a minor over the age of 18; or (2) closure of a case where the court determined that the health, safety, and best interests of the minor and the public no longer require the warship of the court in the case of a minor under the age of 18 who has been partially or completely emancipated in accordance with the Emancipation of Minors Act; or (3) the wardship order terminated based on the minor's attaining the age of 19 years; or (4) the minor is not presently a ward of the court under the Act nor is there a petition for adjudication of wardship pending on behalf of the minor; and it is in the minor's best interest that wardship be reinstated.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4321 Detail]

Download: Illinois-2017-HB4321-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4321 Introduced , by Rep. Michael D. Unes SYNOPSIS AS INTRODUCED:
705 ILCS 405/2-33
Amends the Juvenile Court Act of 1987. Makes technical changes in a provision concerning supplemental petitions to reinstate wardship of a juvenile to the court.
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A BILL FOR
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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 2-33 as follows:
(705 ILCS 405/2-33)
Sec. 2-33. Supplemental petition to reinstate wardship.
(1) Any time prior to a minor's 18th birthday, pursuant to
a supplemental petition filed under this Section, the court may
reinstate wardship and open a previously closed case when:
(a) wardship and guardianship under the Juvenile Court
Act of 1987 was vacated in conjunction with the appointment
of a private guardian under the Probate Act of 1975; or
(b) the minor is not presently a ward of the court
under Article II of this Act nor is there a petition for
adjudication of wardship pending on behalf of the minor;
and
(c) it is in the minor's best interest that wardship be
reinstated.
(2) Any time prior to a minor's 21st birthday, pursuant to
a supplemental petition filed under this Section, the court may
reinstate wardship and open a previously closed case when:
(a) wardship and guardianship under this Act was

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vacated pursuant to:
(i) an order entered under subsection (2) of
Section 2-31 in the case of a minor over the age of 18;
or
(ii) closure of a case under subsection (2) of
Section 2-31 in the case of a minor under the age of 18
who has been partially or completely emancipated in
accordance with the Emancipation of Minors Act; or
(iii) an order entered under subsection (3) of
Section 2-31 based on the minor's attaining the age of
19 years; or
(b) the minor is not presently a ward of the court
under Article II of this Act nor is there a petition for
adjudication of wardship pending on behalf of the minor;
and
(c) it is in the minor's best interest that wardship be
reinstated.
(3) The supplemental petition must be filed in the same
proceeding in which the original adjudication order was
entered. Unless excused by court for good cause shown, the
petitioner shall give notice of the time and place of the
hearing on the supplemental petition, in person or by mail, to
the minor, if the minor is 14 years of age or older, and to the
parties to the juvenile court proceeding. Notice shall be
provided at least 3 court days in advance of the hearing date.
(4) A minor who is the subject of a petition to reinstate

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wardship under this Section shall be provided with
representation in accordance with Sections 1-5 and 2-17 of this
Act.
(5) Whenever a minor is committed to the Department of
Children and Family Services for care and services following
the reinstatement of wardship under this Section, the
Department shall:
(a) Within 30 days of such commitment, prepare and file
with the court a case plan which complies with the federal
Adoption Assistance and Child Welfare Act of 1980 and is
consistent with the health, safety and best interests of
the minor; and
(b) Promptly refer the minor for such services as are
necessary and consistent with the minor's health, safety
and best interests.
(Source: P.A. 96-581, eff. 1-1-10.)