Bill Text: IL HB3806 | 2011-2012 | 97th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Juvenile Court Act of 1987. In the provision relating to truant minors in need of supervision, changes the definition of "chronic truant" to having the meaning ascribed to it in the School Code. Effective immediately.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-0975 [HB3806 Detail]
Download: Illinois-2011-HB3806-Introduced.html
Bill Title: Amends the Juvenile Court Act of 1987. In the provision relating to truant minors in need of supervision, changes the definition of "chronic truant" to having the meaning ascribed to it in the School Code. Effective immediately.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-0975 [HB3806 Detail]
Download: Illinois-2011-HB3806-Introduced.html
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1 | AN ACT concerning minors.
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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 Juvenile Court Act of 1987 is amended by | |||||||||||||||||||
5 | changing Section 3-33.5 as follows:
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6 | (705 ILCS 405/3-33.5)
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7 | Sec. 3-33.5. Truant minors in need of supervision.
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8 | (a) Definition. A
minor who is reported by the office of | |||||||||||||||||||
9 | the regional superintendent of schools,
or, in cities of over | |||||||||||||||||||
10 | 500,000 inhabitants, by the Office of Chronic Truant
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11 | Adjudication, as a chronic truant may be subject to a petition | |||||||||||||||||||
12 | for adjudication and adjudged a
truant minor in need of | |||||||||||||||||||
13 | supervision, provided that prior to the filing of the petition, | |||||||||||||||||||
14 | the office
of the regional superintendent of schools, the | |||||||||||||||||||
15 | Office of Chronic Truant
Adjudication, or a community truancy | |||||||||||||||||||
16 | review board certifies that the local school has provided | |||||||||||||||||||
17 | appropriate truancy intervention services
to the truant minor | |||||||||||||||||||
18 | and his or her family. For purposes of this Section, "truancy | |||||||||||||||||||
19 | intervention services"
means services designed to assist the | |||||||||||||||||||
20 | minor's return to an educational program, and includes but is | |||||||||||||||||||
21 | not
limited to: assessments, counseling, mental health | |||||||||||||||||||
22 | services, shelter, optional and alternative education
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23 | programs, tutoring, and educational advocacy. If, after review |
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1 | by the regional office of education, the Office of Chronic | ||||||
2 | Truant
Adjudication, or
community truancy review board it is | ||||||
3 | determined the local
school did not provide the appropriate | ||||||
4 | interventions, then the minor shall be referred to a | ||||||
5 | comprehensive community
based youth service agency for truancy | ||||||
6 | intervention services. If the comprehensive community based | ||||||
7 | youth service
agency is incapable to provide intervention | ||||||
8 | services, then this requirement for services is
not applicable. | ||||||
9 | The comprehensive community based youth service agency shall | ||||||
10 | submit reports to the office of the
regional superintendent of | ||||||
11 | schools, the Office of Chronic Truant
Adjudication, or truancy | ||||||
12 | review board within 20, 40, and 80 school days of the initial | ||||||
13 | referral or at any other time requested by the
office of the | ||||||
14 | regional superintendent of schools, the Office of Chronic | ||||||
15 | Truant
Adjudication, or truancy review board, which reports | ||||||
16 | each shall certify the date of the minor's referral and the | ||||||
17 | extent of the
minor's progress and participation in truancy | ||||||
18 | intervention services provided by the comprehensive community | ||||||
19 | based youth service agency. In addition, if, after referral by | ||||||
20 | the office of the regional superintendent of
schools, the | ||||||
21 | Office of Chronic Truant
Adjudication, or community truancy | ||||||
22 | review board, the minor
declines or refuses to fully | ||||||
23 | participate in truancy intervention services provided by the | ||||||
24 | comprehensive community based
youth service agency, then the | ||||||
25 | agency shall immediately certify such facts to the office of | ||||||
26 | the regional
superintendent of schools, the Office of Chronic |
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1 | Truant
Adjudication, or community truancy review board. | ||||||
2 | (a-1) There is a rebuttable presumption that a chronic | ||||||
3 | truant is a truant
minor in need of supervision. | ||||||
4 | (a-2) There is a rebuttable presumption that school records | ||||||
5 | of a minor's
attendance at school are authentic. | ||||||
6 | (a-3) For purposes of this Section, "chronic truant" means | ||||||
7 | a minor subject to compulsory school attendance and who is | ||||||
8 | absent without valid cause from such attendance for 10% or more | ||||||
9 | of the previous 180 regular attendance days and has the meaning
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10 | ascribed to it in Section 26-2a of the School Code. | ||||||
11 | (a-4) For purposes of this Section, a "community truancy | ||||||
12 | review board" is a local community based board comprised of but | ||||||
13 | not limited to: representatives from local comprehensive | ||||||
14 | community based youth service agencies, representatives from | ||||||
15 | court service agencies, representatives from local schools, | ||||||
16 | representatives from health service agencies, and | ||||||
17 | representatives from local professional and community | ||||||
18 | organizations as deemed appropriate by the office of the | ||||||
19 | regional superintendent of schools, or, in cities of over | ||||||
20 | 500,000 inhabitants, by the Office of Chronic Truant
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21 | Adjudication. The regional superintendent of schools, or, in | ||||||
22 | cities of over 500,000 inhabitants, the Office of Chronic | ||||||
23 | Truant
Adjudication, must approve the establishment and | ||||||
24 | organization of a community truancy review board and the | ||||||
25 | regional superintendent of schools or his or her designee, or, | ||||||
26 | in cities of over 500,000 inhabitants, the general |
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1 | superintendent of schools or his or her designee, shall chair | ||||||
2 | the board. | ||||||
3 | (a-5) Nothing in this Section shall be construed to create | ||||||
4 | a private cause of action or right of recovery against a | ||||||
5 | regional office of education or the Office of Chronic Truant
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6 | Adjudication, its superintendent, or its staff with respect to | ||||||
7 | truancy intervention services where the determination to | ||||||
8 | provide the services is made in good faith. | ||||||
9 | (b) Kinds of dispositional orders. A minor found to be a | ||||||
10 | truant minor
in need of supervision may be: | ||||||
11 | (1) committed to the appropriate
regional | ||||||
12 | superintendent of schools for a student assistance team | ||||||
13 | staffing, a service plan, or referral to a comprehensive | ||||||
14 | community based youth service agency; | ||||||
15 | (2) required to comply with a service
plan as | ||||||
16 | specifically provided by the appropriate regional | ||||||
17 | superintendent of
schools; | ||||||
18 | (3) ordered to obtain counseling or other supportive | ||||||
19 | services; | ||||||
20 | (4) subject to a fine in an amount in excess of $5, but | ||||||
21 | not exceeding
$100, and each day of absence without valid | ||||||
22 | cause as defined in Section 26-2a
of The School Code is a | ||||||
23 | separate offense; | ||||||
24 | (5) required to perform some reasonable public service | ||||||
25 | work such as, but
not limited to, the picking up of litter | ||||||
26 | in public parks or along public
highways or the maintenance |
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1 | of public facilities; or | ||||||
2 | (6) subject to having his or her driver's license or | ||||||
3 | driving privilege
suspended for a period of time as | ||||||
4 | determined by the court but only until he
or she attains 18 | ||||||
5 | years of age. | ||||||
6 | A dispositional order may include a fine, public service, | ||||||
7 | or
suspension of a driver's license or privilege only if the | ||||||
8 | court has made an
express written finding that a truancy | ||||||
9 | prevention program has been offered by
the school, regional | ||||||
10 | superintendent of schools, or a comprehensive community based | ||||||
11 | youth service
agency to the truant minor in need of | ||||||
12 | supervision. | ||||||
13 | (c) Orders entered under this Section may be enforced by | ||||||
14 | contempt
proceedings.
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15 | (Source: P.A. 94-1011, eff. 7-7-06.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
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