Bill Text: IL HB0761 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that if the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under the Delinquent Minors Article, the court shall conduct permanency hearings as set out in the Abused, Neglected, or Dependent Minors Article of the Act.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2009-08-10 - Public Act . . . . . . . . . 96-0178 [HB0761 Detail]

Download: Illinois-2009-HB0761-Engrossed.html

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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 5-745 as follows:
(705 ILCS 405/5-745)
Sec. 5-745. Court review.
(1) The court may require any legal custodian or guardian
of the person appointed under this Act to report periodically
to the court or may cite him or her into court and require him
or her, or his or her agency, to make a full and accurate
report of his or her or its doings in behalf of the minor. The
legal custodian or guardian, within 10 days after the citation,
shall make the report, either in writing verified by affidavit
or orally under oath in open court, or otherwise as the court
directs. Upon the hearing of the report the court may remove
the legal custodian or guardian and appoint another in his or
her stead or restore the minor to the custody of his or her
parents or former guardian or legal custodian.
(2) A guardian or legal custodian appointed by the court
under this Act shall file updated case plans with the court
every 6 months. Every agency which has guardianship of a child
shall file a supplemental petition for court review, or review

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by an administrative body appointed or approved by the court
and further order within 18 months of the sentencing order and
each 18 months thereafter. The petition shall state facts
relative to the child's present condition of physical, mental
and emotional health as well as facts relative to his or her
present custodial or foster care. The petition shall be set for
hearing and the clerk shall mail 10 days notice of the hearing
by certified mail, return receipt requested, to the person or
agency having the physical custody of the child, the minor and
other interested parties unless a written waiver of notice is
filed with the petition.
If the minor is in the custody of the Illinois Department
of Children and Family Services, pursuant to an order entered
under this Article, the court shall conduct permanency hearings
as set out in subsections (1), (2), and (3) of Section 2-28 of
Article II of this Act.
Rights of wards of the court under this Act are enforceable
against any public agency by complaints for relief by mandamus
filed in any proceedings brought under this Act.
(3) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for
the restoration of the minor to the custody of his or her
parents or former guardian or custodian. In the event that the
minor has attained 18 years of age and the guardian or
custodian petitions the court for an order terminating his or

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her guardianship or custody, guardianship or legal custody
shall terminate automatically 30 days after the receipt of the
petition unless the court orders otherwise. No legal custodian
or guardian of the person may be removed without his or her
consent until given notice and an opportunity to be heard by
the court.
(Source: P.A. 90-590, eff. 1-1-99.)