Bill Text: IL SB3251 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Juvenile Court Act of 1987. Provides a statutory form for a petition for adjudication of wardship. Deletes language prohibiting the court from ordering specific placements, specific services, or the use of specific service providers.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-02-22 - Added as Co-Sponsor Sen. John F. Curran [SB3251 Detail]
Download: Illinois-2023-SB3251-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||||||
5 | changing Sections 2-13, 2-23, and 2-28 as follows:
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6 | (705 ILCS 405/2-13) (from Ch. 37, par. 802-13) | |||||||||||||||||||||||
7 | Sec. 2-13. Petition. | |||||||||||||||||||||||
8 | (1) Any adult person, any agency or association by its | |||||||||||||||||||||||
9 | representative may file, or the court on its own motion, | |||||||||||||||||||||||
10 | consistent with the health, safety and best interests of the | |||||||||||||||||||||||
11 | minor may direct the filing through the State's Attorney of a | |||||||||||||||||||||||
12 | petition in respect of a minor under this Act. The petition and | |||||||||||||||||||||||
13 | all subsequent court documents shall be entitled "In the | |||||||||||||||||||||||
14 | interest of ...., a minor". | |||||||||||||||||||||||
15 | (2) The petition shall be verified but the statements may | |||||||||||||||||||||||
16 | be made upon information and belief. It shall allege that the | |||||||||||||||||||||||
17 | minor is abused, neglected, or dependent, with citations to | |||||||||||||||||||||||
18 | the appropriate provisions of this Act, and set forth (a) | |||||||||||||||||||||||
19 | facts sufficient to bring the minor under Section 2-3 or 2-4 | |||||||||||||||||||||||
20 | and to inform respondents of the cause of action, including, | |||||||||||||||||||||||
21 | but not limited to, a plain and concise statement of the | |||||||||||||||||||||||
22 | factual allegations that form the basis for the filing of the | |||||||||||||||||||||||
23 | petition; (b) the name, age and residence of the minor; (c) the |
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1 | names and residences of the minor's parents; (d) the name and | ||||||
2 | residence of the minor's legal guardian or the person or | ||||||
3 | persons having custody or control of the minor, or of the | ||||||
4 | nearest known relative if no parent or guardian can be found; | ||||||
5 | and (e) if the minor upon whose behalf the petition is brought | ||||||
6 | is sheltered in custody, the date on which such temporary | ||||||
7 | custody was ordered by the court or the date set for a | ||||||
8 | temporary custody hearing. If any of the facts herein required | ||||||
9 | are not known by the petitioner, the petition shall so state. | ||||||
10 | (3) The petition must allege that it is in the best | ||||||
11 | interests of the minor and of the public that the minor be | ||||||
12 | adjudged a ward of the court and may pray generally for relief | ||||||
13 | available under this Act. The petition need not specify any | ||||||
14 | proposed disposition following adjudication of wardship. The | ||||||
15 | petition may request that the minor remain in the custody of | ||||||
16 | the parent, guardian, or custodian under an Order of | ||||||
17 | Protection. The petition shall be substantially in the | ||||||
18 | following form: | ||||||
19 | PETITION FOR ADJUDICATION OF WARDSHIP | ||||||
20 | Now comes ............., petitioner, and petitions this | ||||||
21 | court to adjudicate ................................ a ward of | ||||||
22 | the court. In support, the petitioner, on oath or affirmation, | ||||||
23 | based on information or belief states as follows: | ||||||
24 | (1) ............. is a (male/female) minor born on | ||||||
25 | ................., ........., who resides or may be found | ||||||
26 | in this County at ....................................... |
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1 | (2) The names and residence addresses of the minor's | |||||||||||
2 | parents, legal guardian, and/or custodian are: | |||||||||||
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5 | ............................................................. | |||||||||||
6 | ............................................................. | |||||||||||
7 | ............................................................. | |||||||||||
8 | The minor and the persons named in (1) and (2) are designated | |||||||||||
9 | respondents.
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10 | (3) The minor was | |||||||||||
11 | ( ) not taken into protective custody. | |||||||||||
12 | ( ) taken into protective custody on .............., | |||||||||||
13 | ........ at ...........(a.m./p.m.).
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14 | ( ) (4) A temporary custody hearing has been set for | |||||||||||
15 | .............., ........ at ...........(a.m./p.m.).
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16 | ( ) (5) The minor was neglected pursuant to the following | |||||||||||
17 | Section or Sections of the Juvenile Court Act of 1987: | |||||||||||
18 | ( ) 2-3(1)(a), (lack of care), the facts supporting this | |||||||||||
19 | are: | |||||||||||
20 | ............................................................. | |||||||||||
21 | ............................................................. | |||||||||||
22 | ( ) 2-3(1)(b), (injurious environment), the facts | |||||||||||
23 | supporting this are: |
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1 | ............................................................. | ||||||
2 | ............................................................. | ||||||
3 | ( ) 2-3(1)(c), (drug-exposed infant), the facts supporting | ||||||
4 | this are: | ||||||
5 | ............................................................. | ||||||
6 | .............................................................
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7 | ( ) (6) The minor was abused pursuant to the following Section | ||||||
8 | or Sections of the Juvenile Court Act of 1987: | ||||||
9 | ( ) 2-3(2)(i), (physical abuse), the facts supporting this | ||||||
10 | are: | ||||||
11 | ............................................................. | ||||||
12 | ............................................................. | ||||||
13 | ( ) 2-3(2)(ii), (substantial risk/physical injury), the | ||||||
14 | facts supporting this are: | ||||||
15 | ............................................................. | ||||||
16 | ............................................................. | ||||||
17 | ( ) 2-3(2)(iii), (sexual abuse), the facts supporting this | ||||||
18 | are: | ||||||
19 | ............................................................. | ||||||
20 | ............................................................. | ||||||
21 | ( ) 2-3(2)(iv), (torture), the facts supporting this are: | ||||||
22 | ............................................................. | ||||||
23 | ............................................................. | ||||||
24 | ( ) 2-3(2)(v), (excessive corporal punishment), the facts | ||||||
25 | supporting this are: |
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1 | ............................................................. | ||||||
2 | .............................................................
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3 | ( ) (7) The minor is dependent pursuant to Section 2-4 of the | ||||||
4 | Juvenile Court Act of 1987, the facts supporting this are: | ||||||
5 | ............................................................. | ||||||
6 | .............................................................
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7 | (8) It is in the best interests of the minor and the public | ||||||
8 | that the minor be adjudged a ward of the court.
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9 | WHEREFORE, the petitioner asks that the minor be adjudged | ||||||
10 | a ward of the court and that the court enter such orders as are | ||||||
11 | in the best interests of the minor and grant other relief under | ||||||
12 | the Juvenile Court Act of 1987.
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13 | ...................... | ||||||
14 | Petitioner (Signature) | ||||||
15 | (4) If termination of parental rights and appointment of a | ||||||
16 | guardian of the person with power to consent to adoption of the | ||||||
17 | minor under Section 2-29 is sought, the petition shall so | ||||||
18 | state. If the petition includes this request, the prayer for | ||||||
19 | relief shall clearly and obviously state that the parents | ||||||
20 | could permanently lose their rights as a parent at this | ||||||
21 | hearing. | ||||||
22 | In addition to the foregoing, the petitioner, by motion, |
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1 | may request the termination of parental rights and appointment | ||||||
2 | of a guardian of the person with power to consent to adoption | ||||||
3 | of the minor under Section 2-29 at any time after the entry of | ||||||
4 | a dispositional order under Section 2-22. | ||||||
5 | (4.5) (a) Unless good cause exists that filing a petition | ||||||
6 | to terminate parental rights is contrary to the child's best | ||||||
7 | interests, with respect to any minors committed to its care | ||||||
8 | pursuant to this Act, the Department of Children and Family | ||||||
9 | Services shall request the State's Attorney to file a petition | ||||||
10 | or motion for termination of parental rights and appointment | ||||||
11 | of guardian of the person with power to consent to adoption of | ||||||
12 | the minor under Section 2-29 if: | ||||||
13 | (i) a minor has been in foster care, as described in | ||||||
14 | subsection (b), for 15 months of the most recent 22 | ||||||
15 | months; or | ||||||
16 | (ii) a minor under the age of 2 years has been | ||||||
17 | previously determined to be abandoned at an adjudicatory | ||||||
18 | hearing; or | ||||||
19 | (iii) the parent is criminally convicted of: | ||||||
20 | (A) first degree murder or second degree murder of | ||||||
21 | any child; | ||||||
22 | (B) attempt or conspiracy to commit first degree | ||||||
23 | murder or second degree murder of any child; | ||||||
24 | (C) solicitation to commit murder of any child, | ||||||
25 | solicitation to commit murder for hire of any child, | ||||||
26 | or solicitation to commit second degree murder of any |
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1 | child; | ||||||
2 | (D) aggravated battery, aggravated battery of a | ||||||
3 | child, or felony domestic battery, any of which has | ||||||
4 | resulted in serious injury to the minor or a sibling of | ||||||
5 | the minor; | ||||||
6 | (E) predatory criminal sexual assault of a child; | ||||||
7 | (E-5) aggravated criminal sexual assault; | ||||||
8 | (E-10) criminal sexual abuse in violation of | ||||||
9 | subsection (a) of Section 11-1.50 of the Criminal Code | ||||||
10 | of 1961 or the Criminal Code of 2012; | ||||||
11 | (E-15) sexual exploitation of a child; | ||||||
12 | (E-20) permitting sexual abuse of a child; | ||||||
13 | (E-25) criminal sexual assault; or | ||||||
14 | (F) an offense in any other state the elements of | ||||||
15 | which are similar and bear a substantial relationship | ||||||
16 | to any of the foregoing offenses. | ||||||
17 | (a-1) For purposes of this subsection (4.5), good cause | ||||||
18 | exists in the following circumstances: | ||||||
19 | (i) the child is being cared for by a relative, | ||||||
20 | (ii) the Department has documented in the case plan a | ||||||
21 | compelling reason for determining that filing such | ||||||
22 | petition would not be in the best interests of the child, | ||||||
23 | (iii) the court has found within the preceding 12 | ||||||
24 | months that the Department has failed to make reasonable | ||||||
25 | efforts to reunify the child and family, or | ||||||
26 | (iv) the parent is incarcerated, or the parent's prior |
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1 | incarceration is a significant factor in why the child has | ||||||
2 | been in foster care for 15 months out of any 22-month | ||||||
3 | period, the parent maintains a meaningful role in the | ||||||
4 | child's life, and the Department has not documented | ||||||
5 | another reason why it would otherwise be appropriate to | ||||||
6 | file a petition to terminate parental rights pursuant to | ||||||
7 | this Section and the Adoption Act. The assessment of | ||||||
8 | whether an incarcerated parent maintains a meaningful role | ||||||
9 | in the child's life may include consideration of the | ||||||
10 | following: | ||||||
11 | (A) the child's best interest; | ||||||
12 | (B) the parent's expressions or acts of | ||||||
13 | manifesting concern for the child, such as letters, | ||||||
14 | telephone calls, visits, and other forms of | ||||||
15 | communication with the child and the impact of the | ||||||
16 | communication on the child; | ||||||
17 | (C) the parent's efforts to communicate with and | ||||||
18 | work with the Department for the purpose of complying | ||||||
19 | with the service plan and repairing, maintaining, or | ||||||
20 | building the parent-child relationship; or | ||||||
21 | (D) limitations in the parent's access to family | ||||||
22 | support programs, therapeutic services, visiting | ||||||
23 | opportunities, telephone and mail services, and | ||||||
24 | meaningful participation in court proceedings. | ||||||
25 | (b) For purposes of this subsection, the date of entering | ||||||
26 | foster care is defined as the earlier of: |
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1 | (1) The date of a judicial finding at an adjudicatory | ||||||
2 | hearing that the child is an abused, neglected, or | ||||||
3 | dependent minor; or | ||||||
4 | (2) 60 days after the date on which the child is | ||||||
5 | removed from the child's parent, guardian, or legal | ||||||
6 | custodian. | ||||||
7 | (c) (Blank). | ||||||
8 | (d) (Blank). | ||||||
9 | (5) The court shall liberally allow the petitioner to | ||||||
10 | amend the petition to set forth a cause of action or to add, | ||||||
11 | amend, or supplement factual allegations that form the basis | ||||||
12 | for a cause of action up until 14 days before the adjudicatory | ||||||
13 | hearing. The petitioner may amend the petition after that date | ||||||
14 | and prior to the adjudicatory hearing if the court grants | ||||||
15 | leave to amend upon a showing of good cause. The court may | ||||||
16 | allow amendment of the petition to conform with the evidence | ||||||
17 | at any time prior to ruling. In all cases in which the court | ||||||
18 | has granted leave to amend based on new evidence or new | ||||||
19 | allegations, the court shall permit the respondent an adequate | ||||||
20 | opportunity to prepare a defense to the amended petition. | ||||||
21 | (6) At any time before dismissal of the petition or before | ||||||
22 | final closing and discharge under Section 2-31, one or more | ||||||
23 | motions in the best interests of the minor may be filed. The | ||||||
24 | motion shall specify sufficient facts in support of the relief | ||||||
25 | requested. | ||||||
26 | (Source: P.A. 103-22, eff. 8-8-23.)
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1 | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23) | ||||||
2 | Sec. 2-23. Kinds of dispositional orders. | ||||||
3 | (1) The following kinds of orders of disposition may be | ||||||
4 | made in respect of wards of the court: | ||||||
5 | (a) A minor found to be neglected or abused under | ||||||
6 | Section 2-3 or dependent under Section 2-4 may be (1) | ||||||
7 | continued in the custody of the minor's parents, guardian | ||||||
8 | or legal custodian; (2) placed in accordance with Section | ||||||
9 | 2-27; (3) restored to the custody of the parent, parents, | ||||||
10 | guardian, or legal custodian, provided the court shall | ||||||
11 | order the parent, parents, guardian, or legal custodian to | ||||||
12 | cooperate with the Department of Children and Family | ||||||
13 | Services and comply with the terms of an after-care plan | ||||||
14 | or risk the loss of custody of the child and the possible | ||||||
15 | termination of their parental rights; or (4) ordered | ||||||
16 | partially or completely emancipated in accordance with the | ||||||
17 | provisions of the Emancipation of Minors Act. | ||||||
18 | If the minor is being restored to the custody of a | ||||||
19 | parent, legal custodian, or guardian who lives outside of | ||||||
20 | Illinois, and an Interstate Compact has been requested and | ||||||
21 | refused, the court may order the Department of Children | ||||||
22 | and Family Services to arrange for an assessment of the | ||||||
23 | minor's proposed living arrangement and for ongoing | ||||||
24 | monitoring of the health, safety, and best interest of the | ||||||
25 | minor and compliance with any order of protective |
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1 | supervision entered in accordance with Section 2-24. | ||||||
2 | However, in any case in which a minor is found by the | ||||||
3 | court to be neglected or abused under Section 2-3 of this | ||||||
4 | Act, custody of the minor shall not be restored to any | ||||||
5 | parent, guardian or legal custodian whose acts or | ||||||
6 | omissions or both have been identified, pursuant to | ||||||
7 | subsection (1) of Section 2-21, as forming the basis for | ||||||
8 | the court's finding of abuse or neglect, until such time | ||||||
9 | as a hearing is held on the issue of the best interests of | ||||||
10 | the minor and the fitness of such parent, guardian or | ||||||
11 | legal custodian to care for the minor without endangering | ||||||
12 | the minor's health or safety, and the court enters an | ||||||
13 | order that such parent, guardian or legal custodian is fit | ||||||
14 | to care for the minor. | ||||||
15 | (b) A minor found to be dependent under Section 2-4 | ||||||
16 | may be (1) placed in accordance with Section 2-27 or (2) | ||||||
17 | ordered partially or completely emancipated in accordance | ||||||
18 | with the provisions of the Emancipation of Minors Act. | ||||||
19 | However, in any case in which a minor is found by the | ||||||
20 | court to be dependent under Section 2-4 of this Act, | ||||||
21 | custody of the minor shall not be restored to any parent, | ||||||
22 | guardian or legal custodian whose acts or omissions or | ||||||
23 | both have been identified, pursuant to subsection (1) of | ||||||
24 | Section 2-21, as forming the basis for the court's finding | ||||||
25 | of dependency, until such time as a hearing is held on the | ||||||
26 | issue of the fitness of such parent, guardian or legal |
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1 | custodian to care for the minor without endangering the | ||||||
2 | minor's health or safety, and the court enters an order | ||||||
3 | that such parent, guardian or legal custodian is fit to | ||||||
4 | care for the minor. | ||||||
5 | (b-1) A minor between the ages of 18 and 21 may be | ||||||
6 | placed pursuant to Section 2-27 of this Act if (1) the | ||||||
7 | court has granted a supplemental petition to reinstate | ||||||
8 | wardship of the minor pursuant to subsection (2) of | ||||||
9 | Section 2-33, (2) the court has adjudicated the minor a | ||||||
10 | ward of the court, permitted the minor to return home | ||||||
11 | under an order of protection, and subsequently made a | ||||||
12 | finding that it is in the minor's best interest to vacate | ||||||
13 | the order of protection and commit the minor to the | ||||||
14 | Department of Children and Family Services for care and | ||||||
15 | service, or (3) the court returned the minor to the | ||||||
16 | custody of the respondent under Section 2-4b of this Act | ||||||
17 | without terminating the proceedings under Section 2-31 of | ||||||
18 | this Act, and subsequently made a finding that it is in the | ||||||
19 | minor's best interest to commit the minor to the | ||||||
20 | Department of Children and Family Services for care and | ||||||
21 | services. | ||||||
22 | (c) When the court awards guardianship to the | ||||||
23 | Department of Children and Family Services, the court | ||||||
24 | shall order the parents to cooperate with the Department | ||||||
25 | of Children and Family Services, comply with the terms of | ||||||
26 | the service plans, and correct the conditions that require |
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1 | the child to be in care, or risk termination of their | ||||||
2 | parental rights. | ||||||
3 | (2) Any order of disposition may provide for protective | ||||||
4 | supervision under Section 2-24 and may include an order of | ||||||
5 | protection under Section 2-25. | ||||||
6 | Unless the order of disposition expressly so provides, it | ||||||
7 | does not operate to close proceedings on the pending petition, | ||||||
8 | but is subject to modification, not inconsistent with Section | ||||||
9 | 2-28, until final closing and discharge of the proceedings | ||||||
10 | under Section 2-31. | ||||||
11 | (3) The court also shall enter any other orders necessary | ||||||
12 | to fulfill the service plan, including, but not limited to, | ||||||
13 | (i) orders requiring parties to cooperate with services, (ii) | ||||||
14 | restraining orders controlling the conduct of any party likely | ||||||
15 | to frustrate the achievement of the goal, and (iii) visiting | ||||||
16 | orders. When the child is placed separately from a sibling, | ||||||
17 | the court shall review the Sibling Contact Support Plan | ||||||
18 | developed under subsection (f) of Section 7.4 of the Children | ||||||
19 | and Family Services Act, if applicable. If the Department has | ||||||
20 | not convened a meeting to develop a Sibling Contact Support | ||||||
21 | Plan, or if the court finds that the existing Plan is not in | ||||||
22 | the child's best interest, the court may enter an order | ||||||
23 | requiring the Department to develop and implement a Sibling | ||||||
24 | Contact Support Plan under subsection (f) of Section 7.4 of | ||||||
25 | the Children and Family Services Act or order mediation. | ||||||
26 | Unless otherwise specifically authorized by law, the court is |
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1 | not empowered under this subsection (3) to order specific | ||||||
2 | placements, specific services, or specific service providers | ||||||
3 | to be included in the plan. If, after receiving evidence, the | ||||||
4 | court determines that the services contained in the plan are | ||||||
5 | not reasonably calculated to facilitate achievement of the | ||||||
6 | permanency goal, the court shall put in writing the factual | ||||||
7 | basis supporting the determination and enter specific findings | ||||||
8 | based on the evidence. The court also shall enter an order for | ||||||
9 | the Department to develop and implement a new service plan or | ||||||
10 | to implement changes to the current service plan consistent | ||||||
11 | with the court's findings. The new service plan shall be filed | ||||||
12 | with the court and served on all parties within 45 days after | ||||||
13 | the date of the order. The court shall continue the matter | ||||||
14 | until the new service plan is filed. Except as authorized by | ||||||
15 | subsection (3.5) of this Section or authorized by law, the | ||||||
16 | court is not empowered under this Section to order specific | ||||||
17 | placements, specific services, or specific service providers | ||||||
18 | to be included in the service plan. | ||||||
19 | (3.5) If, after reviewing the evidence, including evidence | ||||||
20 | from the Department, the court determines that the minor's | ||||||
21 | current or planned placement is not necessary or appropriate | ||||||
22 | to facilitate achievement of the permanency goal, the court | ||||||
23 | shall put in writing the factual basis supporting its | ||||||
24 | determination and enter specific findings based on the | ||||||
25 | evidence. If the court finds that the minor's current or | ||||||
26 | planned placement is not necessary or appropriate, the court |
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1 | may enter an order directing the Department to implement a | ||||||
2 | recommendation by the minor's treating clinician or a | ||||||
3 | clinician contracted by the Department to evaluate the minor | ||||||
4 | or a recommendation made by the Department. If the Department | ||||||
5 | places a minor in a placement under an order entered under this | ||||||
6 | subsection (3.5), the Department has the authority to remove | ||||||
7 | the minor from that placement when a change in circumstances | ||||||
8 | necessitates the removal to protect the minor's health, | ||||||
9 | safety, and best interest. If the Department determines | ||||||
10 | removal is necessary, the Department shall notify the parties | ||||||
11 | of the planned placement change in writing no later than 10 | ||||||
12 | days prior to the implementation of its determination unless | ||||||
13 | remaining in the placement poses an imminent risk of harm to | ||||||
14 | the minor, in which case the Department shall notify the | ||||||
15 | parties of the placement change in writing immediately | ||||||
16 | following the implementation of its decision. The Department | ||||||
17 | shall notify others of the decision to change the minor's | ||||||
18 | placement as required by Department rule. | ||||||
19 | (4) In addition to any other order of disposition, the | ||||||
20 | court may order any minor adjudicated neglected with respect | ||||||
21 | to the minor's own injurious behavior to make restitution, in | ||||||
22 | monetary or non-monetary form, under the terms and conditions | ||||||
23 | of Section 5-5-6 of the Unified Code of Corrections, except | ||||||
24 | that the "presentence hearing" referred to therein shall be | ||||||
25 | the dispositional hearing for purposes of this Section. The | ||||||
26 | parent, guardian or legal custodian of the minor may pay some |
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1 | or all of such restitution on the minor's behalf. | ||||||
2 | (5) Any order for disposition where the minor is committed | ||||||
3 | or placed in accordance with Section 2-27 shall provide for | ||||||
4 | the parents or guardian of the estate of such minor to pay to | ||||||
5 | the legal custodian or guardian of the person of the minor such | ||||||
6 | sums as are determined by the custodian or guardian of the | ||||||
7 | person of the minor as necessary for the minor's needs. Such | ||||||
8 | payments may not exceed the maximum amounts provided for by | ||||||
9 | Section 9.1 of the Children and Family Services Act. | ||||||
10 | (6) Whenever the order of disposition requires the minor | ||||||
11 | to attend school or participate in a program of training, the | ||||||
12 | truant officer or designated school official shall regularly | ||||||
13 | report to the court if the minor is a chronic or habitual | ||||||
14 | truant under Section 26-2a of the School Code. | ||||||
15 | (7) The court may terminate the parental rights of a | ||||||
16 | parent at the initial dispositional hearing if all of the | ||||||
17 | conditions in subsection (5) of Section 2-21 are met. | ||||||
18 | (Source: P.A. 102-489, eff. 8-20-21; 103-22, eff. 8-8-23.)
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19 | (705 ILCS 405/2-28) | ||||||
20 | Sec. 2-28. Court review. | ||||||
21 | (1) The court may require any legal custodian or guardian | ||||||
22 | of the person appointed under this Act to report periodically | ||||||
23 | to the court or may cite the legal custodian or guardian into | ||||||
24 | court and require the legal custodian, guardian, or the legal | ||||||
25 | custodian's or guardian's agency to make a full and accurate |
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| |||||||
1 | report of the doings of the legal custodian, guardian, or | ||||||
2 | agency on behalf of the minor. The custodian or guardian, | ||||||
3 | within 10 days after such citation, or earlier if the court | ||||||
4 | determines it to be necessary to protect the health, safety, | ||||||
5 | or welfare of the minor, shall make the report, either in | ||||||
6 | writing verified by affidavit or orally under oath in open | ||||||
7 | court, or otherwise as the court directs. Upon the hearing of | ||||||
8 | the report the court may remove the custodian or guardian and | ||||||
9 | appoint another in the custodian's or guardian's stead or | ||||||
10 | restore the minor to the custody of the minor's parents or | ||||||
11 | former guardian or custodian. However, custody of the minor | ||||||
12 | shall not be restored to any parent, guardian, or legal | ||||||
13 | custodian in any case in which the minor is found to be | ||||||
14 | neglected or abused under Section 2-3 or dependent under | ||||||
15 | Section 2-4 of this Act, unless the minor can be cared for at | ||||||
16 | home without endangering the minor's health or safety and it | ||||||
17 | is in the best interests of the minor, and if such neglect, | ||||||
18 | abuse, or dependency is found by the court under paragraph (1) | ||||||
19 | of Section 2-21 of this Act to have come about due to the acts | ||||||
20 | or omissions or both of such parent, guardian, or legal | ||||||
21 | custodian, until such time as an investigation is made as | ||||||
22 | provided in paragraph (5) and a hearing is held on the issue of | ||||||
23 | the fitness of such parent, guardian, or legal custodian to | ||||||
24 | care for the minor and the court enters an order that such | ||||||
25 | parent, guardian, or legal custodian is fit to care for the | ||||||
26 | minor. |
| |||||||
| |||||||
1 | (1.5) The public agency that is the custodian or guardian | ||||||
2 | of the minor shall file a written report with the court no | ||||||
3 | later than 15 days after a minor in the agency's care remains: | ||||||
4 | (1) in a shelter placement beyond 30 days; | ||||||
5 | (2) in a psychiatric hospital past the time when the | ||||||
6 | minor is clinically ready for discharge or beyond medical | ||||||
7 | necessity for the minor's health; or | ||||||
8 | (3) in a detention center or Department of Juvenile | ||||||
9 | Justice facility solely because the public agency cannot | ||||||
10 | find an appropriate placement for the minor. | ||||||
11 | The report shall explain the steps the agency is taking to | ||||||
12 | ensure the minor is placed appropriately, how the minor's | ||||||
13 | needs are being met in the minor's shelter placement, and if a | ||||||
14 | future placement has been identified by the Department, why | ||||||
15 | the anticipated placement is appropriate for the needs of the | ||||||
16 | minor and the anticipated placement date. | ||||||
17 | (1.6) Within 30 days after placing a child in its care in a | ||||||
18 | qualified residential treatment program, as defined by the | ||||||
19 | federal Social Security Act, the Department of Children and | ||||||
20 | Family Services shall prepare a written report for filing with | ||||||
21 | the court and send copies of the report to all parties. Within | ||||||
22 | 20 days of the filing of the report, or as soon thereafter as | ||||||
23 | the court's schedule allows but not more than 60 days from the | ||||||
24 | date of placement, the court shall hold a hearing to consider | ||||||
25 | the Department's report and determine whether placement of the | ||||||
26 | child in a qualified residential treatment program provides |
| |||||||
| |||||||
1 | the most effective and appropriate level of care for the child | ||||||
2 | in the least restrictive environment and if the placement is | ||||||
3 | consistent with the short-term and long-term goals for the | ||||||
4 | child, as specified in the permanency plan for the child. The | ||||||
5 | court shall approve or disapprove the placement. If | ||||||
6 | applicable, the requirements of Sections 2-27.1 and 2-27.2 | ||||||
7 | must also be met. The Department's written report and the | ||||||
8 | court's written determination shall be included in and made | ||||||
9 | part of the case plan for the child. If the child remains | ||||||
10 | placed in a qualified residential treatment program, the | ||||||
11 | Department shall submit evidence at each status and permanency | ||||||
12 | hearing: | ||||||
13 | (1) demonstrating that on-going assessment of the | ||||||
14 | strengths and needs of the child continues to support the | ||||||
15 | determination that the child's needs cannot be met through | ||||||
16 | placement in a foster family home, that the placement | ||||||
17 | provides the most effective and appropriate level of care | ||||||
18 | for the child in the least restrictive, appropriate | ||||||
19 | environment, and that the placement is consistent with the | ||||||
20 | short-term and long-term permanency goal for the child, as | ||||||
21 | specified in the permanency plan for the child; | ||||||
22 | (2) documenting the specific treatment or service | ||||||
23 | needs that should be met for the child in the placement and | ||||||
24 | the length of time the child is expected to need the | ||||||
25 | treatment or services; and | ||||||
26 | (3) the efforts made by the agency to prepare the |
| |||||||
| |||||||
1 | child to return home or to be placed with a fit and willing | ||||||
2 | relative, a legal guardian, or an adoptive parent, or in a | ||||||
3 | foster family home. | ||||||
4 | (2) The first permanency hearing shall be conducted by the | ||||||
5 | judge. Subsequent permanency hearings may be heard by a judge | ||||||
6 | or by hearing officers appointed or approved by the court in | ||||||
7 | the manner set forth in Section 2-28.1 of this Act. The initial | ||||||
8 | hearing shall be held (a) within 12 months from the date | ||||||
9 | temporary custody was taken, regardless of whether an | ||||||
10 | adjudication or dispositional hearing has been completed | ||||||
11 | within that time frame, (b) if the parental rights of both | ||||||
12 | parents have been terminated in accordance with the procedure | ||||||
13 | described in subsection (5) of Section 2-21, within 30 days of | ||||||
14 | the order for termination of parental rights and appointment | ||||||
15 | of a guardian with power to consent to adoption, or (c) in | ||||||
16 | accordance with subsection (2) of Section 2-13.1. Subsequent | ||||||
17 | permanency hearings shall be held every 6 months or more | ||||||
18 | frequently if necessary in the court's determination following | ||||||
19 | the initial permanency hearing, in accordance with the | ||||||
20 | standards set forth in this Section, until the court | ||||||
21 | determines that the plan and goal have been achieved. Once the | ||||||
22 | plan and goal have been achieved, if the minor remains in | ||||||
23 | substitute care, the case shall be reviewed at least every 6 | ||||||
24 | months thereafter, subject to the provisions of this Section, | ||||||
25 | unless the minor is placed in the guardianship of a suitable | ||||||
26 | relative or other person and the court determines that further |
| |||||||
| |||||||
1 | monitoring by the court does not further the health, safety, | ||||||
2 | or best interest of the child and that this is a stable | ||||||
3 | permanent placement. The permanency hearings must occur within | ||||||
4 | the time frames set forth in this subsection and may not be | ||||||
5 | delayed in anticipation of a report from any source or due to | ||||||
6 | the agency's failure to timely file its written report (this | ||||||
7 | written report means the one required under the next paragraph | ||||||
8 | and does not mean the service plan also referred to in that | ||||||
9 | paragraph). | ||||||
10 | The public agency that is the custodian or guardian of the | ||||||
11 | minor, or another agency responsible for the minor's care, | ||||||
12 | shall ensure that all parties to the permanency hearings are | ||||||
13 | provided a copy of the most recent service plan prepared | ||||||
14 | within the prior 6 months at least 14 days in advance of the | ||||||
15 | hearing. If not contained in the agency's service plan, the | ||||||
16 | agency shall also include a report setting forth (i) any | ||||||
17 | special physical, psychological, educational, medical, | ||||||
18 | emotional, or other needs of the minor or the minor's family | ||||||
19 | that are relevant to a permanency or placement determination | ||||||
20 | and (ii) for any minor age 16 or over, a written description of | ||||||
21 | the programs and services that will enable the minor to | ||||||
22 | prepare for independent living. If not contained in the | ||||||
23 | agency's service plan, the agency's report shall specify if a | ||||||
24 | minor is placed in a licensed child care facility under a | ||||||
25 | corrective plan by the Department due to concerns impacting | ||||||
26 | the minor's safety and well-being. The report shall explain |
| |||||||
| |||||||
1 | the steps the Department is taking to ensure the safety and | ||||||
2 | well-being of the minor and that the minor's needs are met in | ||||||
3 | the facility. The agency's written report must detail what | ||||||
4 | progress or lack of progress the parent has made in correcting | ||||||
5 | the conditions requiring the child to be in care; whether the | ||||||
6 | child can be returned home without jeopardizing the child's | ||||||
7 | health, safety, and welfare, and , if not, what permanency goal | ||||||
8 | is recommended to be in the best interests of the child, and | ||||||
9 | why the other permanency goals are not appropriate. The | ||||||
10 | caseworker must appear and testify at the permanency hearing. | ||||||
11 | If a permanency hearing has not previously been scheduled by | ||||||
12 | the court, the moving party shall move for the setting of a | ||||||
13 | permanency hearing and the entry of an order within the time | ||||||
14 | frames set forth in this subsection. | ||||||
15 | At the permanency hearing, the court shall determine the | ||||||
16 | future status of the child. The court shall set one of the | ||||||
17 | following permanency goals: | ||||||
18 | (A) The minor will be returned home by a specific date | ||||||
19 | within 5 months. | ||||||
20 | (B) The minor will be in short-term care with a | ||||||
21 | continued goal to return home within a period not to | ||||||
22 | exceed one year, where the progress of the parent or | ||||||
23 | parents is substantial giving particular consideration to | ||||||
24 | the age and individual needs of the minor. | ||||||
25 | (B-1) The minor will be in short-term care with a | ||||||
26 | continued goal to return home pending a status hearing. |
| |||||||
| |||||||
1 | When the court finds that a parent has not made reasonable | ||||||
2 | efforts or reasonable progress to date, the court shall | ||||||
3 | identify what actions the parent and the Department must | ||||||
4 | take in order to justify a finding of reasonable efforts | ||||||
5 | or reasonable progress and shall set a status hearing to | ||||||
6 | be held not earlier than 9 months from the date of | ||||||
7 | adjudication nor later than 11 months from the date of | ||||||
8 | adjudication during which the parent's progress will again | ||||||
9 | be reviewed. | ||||||
10 | (C) The minor will be in substitute care pending court | ||||||
11 | determination on termination of parental rights. | ||||||
12 | (D) Adoption, provided that parental rights have been | ||||||
13 | terminated or relinquished. | ||||||
14 | (E) The guardianship of the minor will be transferred | ||||||
15 | to an individual or couple on a permanent basis provided | ||||||
16 | that goals (A) through (D) have been deemed inappropriate | ||||||
17 | and not in the child's best interests. The court shall | ||||||
18 | confirm that the Department has discussed adoption, if | ||||||
19 | appropriate, and guardianship with the caregiver prior to | ||||||
20 | changing a goal to guardianship. | ||||||
21 | (F) The minor over age 15 will be in substitute care | ||||||
22 | pending independence. In selecting this permanency goal, | ||||||
23 | the Department of Children and Family Services may provide | ||||||
24 | services to enable reunification and to strengthen the | ||||||
25 | minor's connections with family, fictive kin, and other | ||||||
26 | responsible adults, provided the services are in the |
| |||||||
| |||||||
1 | minor's best interest. The services shall be documented in | ||||||
2 | the service plan. | ||||||
3 | (G) The minor will be in substitute care because the | ||||||
4 | minor cannot be provided for in a home environment due to | ||||||
5 | developmental disabilities or mental illness or because | ||||||
6 | the minor is a danger to self or others, provided that | ||||||
7 | goals (A) through (D) have been deemed inappropriate and | ||||||
8 | not in the child's best interests. | ||||||
9 | In selecting any permanency goal, the court shall indicate | ||||||
10 | in writing the reasons the goal was selected and why the | ||||||
11 | preceding goals were deemed inappropriate and not in the | ||||||
12 | child's best interest. Where the court has selected a | ||||||
13 | permanency goal other than (A), (B), or (B-1), the Department | ||||||
14 | of Children and Family Services shall not provide further | ||||||
15 | reunification services, except as provided in paragraph (F) of | ||||||
16 | this subsection (2), but shall provide services consistent | ||||||
17 | with the goal selected. | ||||||
18 | (H) Notwithstanding any other provision in this | ||||||
19 | Section, the court may select the goal of continuing | ||||||
20 | foster care as a permanency goal if: | ||||||
21 | (1) The Department of Children and Family Services | ||||||
22 | has custody and guardianship of the minor; | ||||||
23 | (2) The court has deemed all other permanency | ||||||
24 | goals inappropriate based on the child's best | ||||||
25 | interest; | ||||||
26 | (3) The court has found compelling reasons, based |
| |||||||
| |||||||
1 | on written documentation reviewed by the court, to | ||||||
2 | place the minor in continuing foster care. Compelling | ||||||
3 | reasons include: | ||||||
4 | (a) the child does not wish to be adopted or to | ||||||
5 | be placed in the guardianship of the minor's | ||||||
6 | relative or foster care placement; | ||||||
7 | (b) the child exhibits an extreme level of | ||||||
8 | need such that the removal of the child from the | ||||||
9 | minor's placement would be detrimental to the | ||||||
10 | child; or | ||||||
11 | (c) the child who is the subject of the | ||||||
12 | permanency hearing has existing close and strong | ||||||
13 | bonds with a sibling, and achievement of another | ||||||
14 | permanency goal would substantially interfere with | ||||||
15 | the subject child's sibling relationship, taking | ||||||
16 | into consideration the nature and extent of the | ||||||
17 | relationship, and whether ongoing contact is in | ||||||
18 | the subject child's best interest, including | ||||||
19 | long-term emotional interest, as compared with the | ||||||
20 | legal and emotional benefit of permanence; | ||||||
21 | (4) The child has lived with the relative or | ||||||
22 | foster parent for at least one year; and | ||||||
23 | (5) The relative or foster parent currently caring | ||||||
24 | for the child is willing and capable of providing the | ||||||
25 | child with a stable and permanent environment. | ||||||
26 | The court shall set a permanency goal that is in the best |
| |||||||
| |||||||
1 | interest of the child. In determining that goal, the court | ||||||
2 | shall consult with the minor in an age-appropriate manner | ||||||
3 | regarding the proposed permanency or transition plan for the | ||||||
4 | minor. The court's determination shall include the following | ||||||
5 | factors: | ||||||
6 | (1) Age of the child. | ||||||
7 | (2) Options available for permanence, including both | ||||||
8 | out-of-state and in-state placement options. | ||||||
9 | (3) Current placement of the child and the intent of | ||||||
10 | the family regarding adoption. | ||||||
11 | (4) Emotional, physical, and mental status or | ||||||
12 | condition of the child. | ||||||
13 | (5) Types of services previously offered and whether | ||||||
14 | or not the services were successful and, if not | ||||||
15 | successful, the reasons the services failed. | ||||||
16 | (6) Availability of services currently needed and | ||||||
17 | whether the services exist. | ||||||
18 | (7) Status of siblings of the minor. | ||||||
19 | The court shall consider (i) the permanency goal contained | ||||||
20 | in the service plan, (ii) the appropriateness of the services | ||||||
21 | contained in the plan and whether those services have been | ||||||
22 | provided, (iii) whether reasonable efforts have been made by | ||||||
23 | all the parties to the service plan to achieve the goal, and | ||||||
24 | (iv) whether the plan and goal have been achieved. All | ||||||
25 | evidence relevant to determining these questions, including | ||||||
26 | oral and written reports, may be admitted and may be relied on |
| |||||||
| |||||||
1 | to the extent of their probative value. | ||||||
2 | The court shall make findings as to whether, in violation | ||||||
3 | of Section 8.2 of the Abused and Neglected Child Reporting | ||||||
4 | Act, any portion of the service plan compels a child or parent | ||||||
5 | to engage in any activity or refrain from any activity that is | ||||||
6 | not reasonably related to remedying a condition or conditions | ||||||
7 | that gave rise or which could give rise to any finding of child | ||||||
8 | abuse or neglect. The services contained in the service plan | ||||||
9 | shall include services reasonably related to remedy the | ||||||
10 | conditions that gave rise to removal of the child from the home | ||||||
11 | of the child's parents, guardian, or legal custodian or that | ||||||
12 | the court has found must be remedied prior to returning the | ||||||
13 | child home. Any tasks the court requires of the parents, | ||||||
14 | guardian, or legal custodian or child prior to returning the | ||||||
15 | child home must be reasonably related to remedying a condition | ||||||
16 | or conditions that gave rise to or which could give rise to any | ||||||
17 | finding of child abuse or neglect. | ||||||
18 | If the permanency goal is to return home, the court shall | ||||||
19 | make findings that identify any problems that are causing | ||||||
20 | continued placement of the children away from the home and | ||||||
21 | identify what outcomes would be considered a resolution to | ||||||
22 | these problems. The court shall explain to the parents that | ||||||
23 | these findings are based on the information that the court has | ||||||
24 | at that time and may be revised, should additional evidence be | ||||||
25 | presented to the court. | ||||||
26 | The court shall review the Sibling Contact Support Plan |
| |||||||
| |||||||
1 | developed or modified under subsection (f) of Section 7.4 of | ||||||
2 | the Children and Family Services Act, if applicable. If the | ||||||
3 | Department has not convened a meeting to develop or modify a | ||||||
4 | Sibling Contact Support Plan, or if the court finds that the | ||||||
5 | existing Plan is not in the child's best interest, the court | ||||||
6 | may enter an order requiring the Department to develop, | ||||||
7 | modify, or implement a Sibling Contact Support Plan, or order | ||||||
8 | mediation. | ||||||
9 | If the goal has been achieved, the court shall enter | ||||||
10 | orders that are necessary to conform the minor's legal custody | ||||||
11 | and status to those findings. | ||||||
12 | If, after receiving evidence, the court determines that | ||||||
13 | the services contained in the plan are not reasonably | ||||||
14 | calculated to facilitate achievement of the permanency goal, | ||||||
15 | the court shall put in writing the factual basis supporting | ||||||
16 | the determination and enter specific findings based on the | ||||||
17 | evidence. The court also shall enter an order for the | ||||||
18 | Department to develop and implement a new service plan or to | ||||||
19 | implement changes to the current service plan consistent with | ||||||
20 | the court's findings. The new service plan shall be filed with | ||||||
21 | the court and served on all parties within 45 days of the date | ||||||
22 | of the order. The court shall continue the matter until the new | ||||||
23 | service plan is filed. Except as authorized by subsection | ||||||
24 | (2.5) of this Section and as otherwise specifically authorized | ||||||
25 | by law, the court is not empowered under this Section to order | ||||||
26 | specific placements, specific services, or specific service |
| |||||||
| |||||||
1 | providers to be included in the service plan. | ||||||
2 | A guardian or custodian appointed by the court pursuant to | ||||||
3 | this Act shall file updated case plans with the court every 6 | ||||||
4 | months. | ||||||
5 | Rights of wards of the court under this Act are | ||||||
6 | enforceable against any public agency by complaints for relief | ||||||
7 | by mandamus filed in any proceedings brought under this Act. | ||||||
8 | (2.5) If, after reviewing the evidence, including evidence | ||||||
9 | from the Department, the court determines that the minor's | ||||||
10 | current or planned placement is not necessary or appropriate | ||||||
11 | to facilitate achievement of the permanency goal, the court | ||||||
12 | shall put in writing the factual basis supporting its | ||||||
13 | determination and enter specific findings based on the | ||||||
14 | evidence. If the court finds that the minor's current or | ||||||
15 | planned placement is not necessary or appropriate, the court | ||||||
16 | may enter an order directing the Department to implement a | ||||||
17 | recommendation by the minor's treating clinician or a | ||||||
18 | clinician contracted by the Department to evaluate the minor | ||||||
19 | or a recommendation made by the Department. If the Department | ||||||
20 | places a minor in a placement under an order entered under this | ||||||
21 | subsection (2.5), the Department has the authority to remove | ||||||
22 | the minor from that placement when a change in circumstances | ||||||
23 | necessitates the removal to protect the minor's health, | ||||||
24 | safety, and best interest. If the Department determines | ||||||
25 | removal is necessary, the Department shall notify the parties | ||||||
26 | of the planned placement change in writing no later than 10 |
| |||||||
| |||||||
1 | days prior to the implementation of its determination unless | ||||||
2 | remaining in the placement poses an imminent risk of harm to | ||||||
3 | the minor, in which case the Department shall notify the | ||||||
4 | parties of the placement change in writing immediately | ||||||
5 | following the implementation of its decision. The Department | ||||||
6 | shall notify others of the decision to change the minor's | ||||||
7 | placement as required by Department rule. | ||||||
8 | (3) Following the permanency hearing, the court shall | ||||||
9 | enter a written order that includes the determinations | ||||||
10 | required under subsection (2) of this Section and sets forth | ||||||
11 | the following: | ||||||
12 | (a) The future status of the minor, including the | ||||||
13 | permanency goal, and any order necessary to conform the | ||||||
14 | minor's legal custody and status to such determination; or | ||||||
15 | (b) If the permanency goal of the minor cannot be | ||||||
16 | achieved immediately, the specific reasons for continuing | ||||||
17 | the minor in the care of the Department of Children and | ||||||
18 | Family Services or other agency for short-term placement, | ||||||
19 | and the following determinations: | ||||||
20 | (i) (Blank). | ||||||
21 | (ii) Whether the services required by the court | ||||||
22 | and by any service plan prepared within the prior 6 | ||||||
23 | months have been provided and (A) if so, whether the | ||||||
24 | services were reasonably calculated to facilitate the | ||||||
25 | achievement of the permanency goal or (B) if not | ||||||
26 | provided, why the services were not provided. |
| |||||||
| |||||||
1 | (iii) Whether the minor's current or planned | ||||||
2 | placement is necessary, and appropriate to the plan | ||||||
3 | and goal, recognizing the right of minors to the least | ||||||
4 | restrictive (most family-like) setting available and | ||||||
5 | in close proximity to the parents' home consistent | ||||||
6 | with the health, safety, best interest, and special | ||||||
7 | needs of the minor and, if the minor is placed | ||||||
8 | out-of-state, whether the out-of-state placement | ||||||
9 | continues to be appropriate and consistent with the | ||||||
10 | health, safety, and best interest of the minor. | ||||||
11 | (iv) (Blank). | ||||||
12 | (v) (Blank). | ||||||
13 | (4) The minor or any person interested in the minor may | ||||||
14 | apply to the court for a change in custody of the minor and the | ||||||
15 | appointment of a new custodian or guardian of the person or for | ||||||
16 | the restoration of the minor to the custody of the minor's | ||||||
17 | parents or former guardian or custodian. | ||||||
18 | When return home is not selected as the permanency goal: | ||||||
19 | (a) The Department, the minor, or the current foster | ||||||
20 | parent or relative caregiver seeking private guardianship | ||||||
21 | may file a motion for private guardianship of the minor. | ||||||
22 | Appointment of a guardian under this Section requires | ||||||
23 | approval of the court. | ||||||
24 | (b) The State's Attorney may file a motion to | ||||||
25 | terminate parental rights of any parent who has failed to | ||||||
26 | make reasonable efforts to correct the conditions which |
| |||||||
| |||||||
1 | led to the removal of the child or reasonable progress | ||||||
2 | toward the return of the child, as defined in subdivision | ||||||
3 | (D)(m) of Section 1 of the Adoption Act or for whom any | ||||||
4 | other unfitness ground for terminating parental rights as | ||||||
5 | defined in subdivision (D) of Section 1 of the Adoption | ||||||
6 | Act exists. | ||||||
7 | When parental rights have been terminated for a | ||||||
8 | minimum of 3 years and the child who is the subject of the | ||||||
9 | permanency hearing is 13 years old or older and is not | ||||||
10 | currently placed in a placement likely to achieve | ||||||
11 | permanency, the Department of Children and Family Services | ||||||
12 | shall make reasonable efforts to locate parents whose | ||||||
13 | rights have been terminated, except when the Court | ||||||
14 | determines that those efforts would be futile or | ||||||
15 | inconsistent with the subject child's best interests. The | ||||||
16 | Department of Children and Family Services shall assess | ||||||
17 | the appropriateness of the parent whose rights have been | ||||||
18 | terminated, and shall, as appropriate, foster and support | ||||||
19 | connections between the parent whose rights have been | ||||||
20 | terminated and the youth. The Department of Children and | ||||||
21 | Family Services shall document its determinations and | ||||||
22 | efforts to foster connections in the child's case plan. | ||||||
23 | Custody of the minor shall not be restored to any parent, | ||||||
24 | guardian, or legal custodian in any case in which the minor is | ||||||
25 | found to be neglected or abused under Section 2-3 or dependent | ||||||
26 | under Section 2-4 of this Act, unless the minor can be cared |
| |||||||
| |||||||
1 | for at home without endangering the minor's health or safety | ||||||
2 | and it is in the best interest of the minor, and if such | ||||||
3 | neglect, abuse, or dependency is found by the court under | ||||||
4 | paragraph (1) of Section 2-21 of this Act to have come about | ||||||
5 | due to the acts or omissions or both of such parent, guardian, | ||||||
6 | or legal custodian, until such time as an investigation is | ||||||
7 | made as provided in paragraph (5) and a hearing is held on the | ||||||
8 | issue of the health, safety, and best interest of the minor and | ||||||
9 | the fitness of such parent, guardian, or legal custodian to | ||||||
10 | care for the minor and the court enters an order that such | ||||||
11 | parent, guardian, or legal custodian is fit to care for the | ||||||
12 | minor. If a motion is filed to modify or vacate a private | ||||||
13 | guardianship order and return the child to a parent, guardian, | ||||||
14 | or legal custodian, the court may order the Department of | ||||||
15 | Children and Family Services to assess the minor's current and | ||||||
16 | proposed living arrangements and to provide ongoing monitoring | ||||||
17 | of the health, safety, and best interest of the minor during | ||||||
18 | the pendency of the motion to assist the court in making that | ||||||
19 | determination. In the event that the minor has attained 18 | ||||||
20 | years of age and the guardian or custodian petitions the court | ||||||
21 | for an order terminating the minor's guardianship or custody, | ||||||
22 | guardianship or custody shall terminate automatically 30 days | ||||||
23 | after the receipt of the petition unless the court orders | ||||||
24 | otherwise. No legal custodian or guardian of the person may be | ||||||
25 | removed without the legal custodian's or guardian's consent | ||||||
26 | until given notice and an opportunity to be heard by the court. |
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1 | When the court orders a child restored to the custody of | ||||||
2 | the parent or parents, the court shall order the parent or | ||||||
3 | parents to cooperate with the Department of Children and | ||||||
4 | Family Services and comply with the terms of an after-care | ||||||
5 | plan, or risk the loss of custody of the child and possible | ||||||
6 | termination of their parental rights. The court may also enter | ||||||
7 | an order of protective supervision in accordance with Section | ||||||
8 | 2-24. | ||||||
9 | If the minor is being restored to the custody of a parent, | ||||||
10 | legal custodian, or guardian who lives outside of Illinois, | ||||||
11 | and an Interstate Compact has been requested and refused, the | ||||||
12 | court may order the Department of Children and Family Services | ||||||
13 | to arrange for an assessment of the minor's proposed living | ||||||
14 | arrangement and for ongoing monitoring of the health, safety, | ||||||
15 | and best interest of the minor and compliance with any order of | ||||||
16 | protective supervision entered in accordance with Section | ||||||
17 | 2-24. | ||||||
18 | (5) Whenever a parent, guardian, or legal custodian files | ||||||
19 | a motion for restoration of custody of the minor, and the minor | ||||||
20 | was adjudicated neglected, abused, or dependent as a result of | ||||||
21 | physical abuse, the court shall cause to be made an | ||||||
22 | investigation as to whether the movant has ever been charged | ||||||
23 | with or convicted of any criminal offense which would indicate | ||||||
24 | the likelihood of any further physical abuse to the minor. | ||||||
25 | Evidence of such criminal convictions shall be taken into | ||||||
26 | account in determining whether the minor can be cared for at |
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