Bill Text: IL SB1213 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the State Employee Indemnification Act. Provides that the term "employee" includes an individual or organization which contracts with the Department of Juvenile Justice to provide services. Amends the Juvenile Court Act of 1987 relating to the placement of minors requiring authoritative intervention. Changes references from the Department of Corrections to the Department of Juvenile Justice. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-07-15 - Public Act . . . . . . . . . 98-0083 [SB1213 Detail]
Download: Illinois-2013-SB1213-Engrossed.html
Bill Title: Amends the State Employee Indemnification Act. Provides that the term "employee" includes an individual or organization which contracts with the Department of Juvenile Justice to provide services. Amends the Juvenile Court Act of 1987 relating to the placement of minors requiring authoritative intervention. Changes references from the Department of Corrections to the Department of Juvenile Justice. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-07-15 - Public Act . . . . . . . . . 98-0083 [SB1213 Detail]
Download: Illinois-2013-SB1213-Engrossed.html
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1 | AN ACT concerning the Department of Juvenile Justice.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Employee Indemnification Act is | ||||||
5 | amended by changing Section 1 as follows:
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6 | (5 ILCS 350/1) (from Ch. 127, par. 1301)
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7 | Sec. 1. Definitions. For the purpose of this Act:
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8 | (a) The term "State" means the State of Illinois, the | ||||||
9 | General
Assembly, the court, or any State office, department, | ||||||
10 | division, bureau,
board, commission, or committee, the | ||||||
11 | governing boards of the public
institutions of higher education | ||||||
12 | created by the State, the Illinois
National Guard, the | ||||||
13 | Comprehensive Health Insurance Board, any poison control
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14 | center designated under the Poison Control System Act that | ||||||
15 | receives State
funding, or any other agency or instrumentality | ||||||
16 | of the State. It
does not mean any local public entity as that | ||||||
17 | term is defined in Section
1-206 of the Local Governmental and | ||||||
18 | Governmental Employees Tort Immunity
Act or a pension fund.
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19 | (b) The term "employee" means any present or former elected | ||||||
20 | or
appointed officer, trustee or employee of the State, or of a | ||||||
21 | pension
fund,
any present or former commissioner or employee of | ||||||
22 | the Executive Ethics
Commission or of the Legislative Ethics | ||||||
23 | Commission, any present or former
Executive, Legislative, or |
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1 | Auditor General's Inspector General, any present or
former | ||||||
2 | employee of an Office of an Executive, Legislative, or Auditor | ||||||
3 | General's
Inspector General, any present or former member of | ||||||
4 | the Illinois National
Guard
while on active duty, individuals | ||||||
5 | or organizations who contract with the
Department of | ||||||
6 | Corrections, the Department of Juvenile Justice, the | ||||||
7 | Comprehensive Health Insurance Board, or the
Department of | ||||||
8 | Veterans' Affairs to provide services, individuals or
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9 | organizations who contract with the Department of Human | ||||||
10 | Services (as
successor to the Department of Mental Health and | ||||||
11 | Developmental
Disabilities) to provide services including but | ||||||
12 | not limited to treatment and
other services for sexually | ||||||
13 | violent persons, individuals or organizations who
contract | ||||||
14 | with the Department of
Military
Affairs for youth programs, | ||||||
15 | individuals or
organizations who contract to perform carnival | ||||||
16 | and amusement ride safety
inspections for the Department of | ||||||
17 | Labor, individual representatives of or
designated | ||||||
18 | organizations authorized to represent the Office of State | ||||||
19 | Long-Term
Ombudsman for the Department on Aging, individual | ||||||
20 | representatives of or
organizations designated by the | ||||||
21 | Department on Aging in the performance of their
duties as elder | ||||||
22 | abuse provider agencies or regional administrative agencies
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23 | under the Elder Abuse and Neglect Act, individuals or | ||||||
24 | organizations who perform
volunteer services for the State | ||||||
25 | where such volunteer relationship is reduced
to writing, | ||||||
26 | individuals who serve on any public entity (whether created by |
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1 | law
or administrative action) described in paragraph (a) of | ||||||
2 | this Section,
individuals or not for profit organizations who, | ||||||
3 | either as volunteers, where
such volunteer relationship is | ||||||
4 | reduced to writing, or pursuant to contract,
furnish | ||||||
5 | professional advice or consultation to any agency or | ||||||
6 | instrumentality of
the State, individuals who serve as foster | ||||||
7 | parents for the Department of
Children and Family Services when | ||||||
8 | caring for a Department ward, individuals who serve as members | ||||||
9 | of an independent team of experts under Brian's Law, and | ||||||
10 | individuals
who serve as arbitrators pursuant to Part 10A of
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11 | Article II of the Code of Civil Procedure and the rules of the | ||||||
12 | Supreme Court
implementing Part 10A, each as now or hereafter | ||||||
13 | amended, but does not mean an
independent contractor except as | ||||||
14 | provided in this Section. The term includes an
individual | ||||||
15 | appointed as an inspector by the Director of State Police when
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16 | performing duties within the scope of the activities of a | ||||||
17 | Metropolitan
Enforcement Group or a law enforcement | ||||||
18 | organization established under the
Intergovernmental | ||||||
19 | Cooperation Act. An individual who renders professional
advice | ||||||
20 | and consultation to the State through an organization which | ||||||
21 | qualifies as
an "employee" under the Act is also an employee. | ||||||
22 | The term includes the estate
or personal representative of an | ||||||
23 | employee.
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24 | (c) The term "pension fund" means a retirement system or | ||||||
25 | pension
fund created under the Illinois Pension Code.
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26 | (Source: P.A. 96-1235, eff. 1-1-11.)
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1 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
2 | changing Section 3-28 as follows:
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3 | (705 ILCS 405/3-28) (from Ch. 37, par. 803-28)
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4 | Sec. 3-28. Placement; legal custody or guardianship.
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5 | (1) If the court finds that the parents, guardian or legal | ||||||
6 | custodian
of a minor adjudged a ward of the court are unfit or | ||||||
7 | are unable, for
some reason other than financial circumstances | ||||||
8 | alone, to care for,
protect, train or discipline the minor or | ||||||
9 | are unwilling to do so, and that
appropriate services aimed at | ||||||
10 | family preservation and family reunification
have been | ||||||
11 | unsuccessful in rectifying the conditions which have led to | ||||||
12 | such
a finding of unfitness or inability to care for, protect, | ||||||
13 | train or
discipline the minor, and that it is in the best | ||||||
14 | interest of the minor to
take him from the custody of his | ||||||
15 | parents, guardian or custodian, the court may:
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16 | (a) place him in the custody of a suitable relative or | ||||||
17 | other person;
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18 | (b) place him under the guardianship of a probation | ||||||
19 | officer;
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20 | (c) commit him to an agency for care or placement, | ||||||
21 | except an
institution under the authority of the Department | ||||||
22 | of Juvenile Justice Corrections or of
the Department of | ||||||
23 | Children and Family Services;
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24 | (d) commit him to some licensed training school or |
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1 | industrial school; or
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2 | (e) commit him to any appropriate institution having | ||||||
3 | among its
purposes the care of delinquent children, | ||||||
4 | including a child protective
facility maintained by a Child | ||||||
5 | Protection District serving the county from
which | ||||||
6 | commitment is made, but not including any institution under | ||||||
7 | the
authority of the Department of Juvenile Justice | ||||||
8 | Corrections or of the Department of Children
and Family | ||||||
9 | Services.
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10 | (2) When making such placement, the court, wherever | ||||||
11 | possible, shall
select a person holding the same religious | ||||||
12 | belief as that of the minor
or a private agency controlled by | ||||||
13 | persons of like religious faith of the
minor and shall require | ||||||
14 | the Department of Children and Family Services to
otherwise | ||||||
15 | comply with Section 7 of the
Children and Family Services Act | ||||||
16 | in placing the child. In addition, whenever
alternative plans | ||||||
17 | for placement are
available, the court shall ascertain and | ||||||
18 | consider, to the extent
appropriate in the particular case, the | ||||||
19 | views and preferences of the minor.
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20 | (3) When a minor is placed with a suitable relative or | ||||||
21 | other person,
the court shall appoint him the legal custodian | ||||||
22 | or guardian of the
person of the minor. When a minor is | ||||||
23 | committed to any agency, the court
shall appoint the proper | ||||||
24 | officer or representative thereof as legal
custodian or | ||||||
25 | guardian of the person of the minor. Legal custodians and
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26 | guardians of the person of the minor have the respective rights |
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1 | and
duties set forth in paragraph (9) of Section 1-3 except as | ||||||
2 | otherwise
provided by order of the court; but no guardian of | ||||||
3 | the person may consent
to adoption of the minor unless that | ||||||
4 | authority is conferred upon him in
accordance with Section | ||||||
5 | 3-30. An agency whose representative is appointed
guardian of | ||||||
6 | the person or legal custodian of the minor may place him in any
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7 | child care facility, but such facility must be licensed under | ||||||
8 | the Child
Care Act of 1969 or have been approved by the | ||||||
9 | Department of Children and
Family Services as meeting the | ||||||
10 | standards established for such licensing. No
agency may place | ||||||
11 | such minor in a child care facility unless such placement
is in | ||||||
12 | compliance with the rules and regulations for placement under | ||||||
13 | this
Section promulgated by the Department of Children and | ||||||
14 | Family Services
under Section 5 of "An Act creating the | ||||||
15 | Department of Children and Family
Services, codifying its | ||||||
16 | powers and duties, and repealing certain Acts and
Sections | ||||||
17 | herein named". Like authority and restrictions shall be | ||||||
18 | conferred
by the court upon any probation officer who has been | ||||||
19 | appointed guardian of
the person of a minor.
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20 | (4) No placement by any probation officer or agency whose | ||||||
21 | representative
is appointed guardian of the person or legal | ||||||
22 | custodian of a minor may be
made in any out of State child care | ||||||
23 | facility unless it complies with the
Interstate Compact on the | ||||||
24 | Placement of Children.
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25 | (5) The clerk of the court shall issue to such legal | ||||||
26 | custodian or
guardian of the person a certified copy of the |
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1 | order of the court, as proof
of his authority. No other process | ||||||
2 | is necessary as authority for the
keeping of the minor.
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3 | (6) Custody or guardianship granted hereunder continues | ||||||
4 | until the
court otherwise directs, but not after the minor | ||||||
5 | reaches the age of 19
years except as set forth in Section | ||||||
6 | 3-32.
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7 | (Source: P.A. 89-422.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
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