Bill Text: IL HB4054 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Creates the Foster Youth Successful Transition to Adulthood Act. Establish a program of transitional discharge from foster care for teenage foster children, enabling former foster youths under the age of 21 who encounter significant hardship upon emancipation to reengage with the Department of Children and Family Services and the Juvenile Court, in order to secure essential supports and services available to foster youth seeking to learn to live independently as adults. Amends the Children and Family Services Act. Provides that an abused, neglected, or dependent minor for whom the court has granted a supplemental petition to reinstate wardship may be placed in the custody of or committed to the Department of Children and Family Services. Provides that the Department of Children and Family Services shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, to any minor eligible for the reinstatement of wardship, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21. Amends the Juvenile Court Act of 1987. Provides that an abused, neglected, or dependent minor between the ages of 18 and 21 may be placed with the Department of Children and Family Services if (1) the court has granted a supplemental petition to reinstate wardship of the minor, or (2) the Court has adjudicated the minor a ward of the court, permitted the minor to return home under an order of protection, and subsequently made a finding that it is in the minor's best interest to vacate the order of protection and commit the minor to the Department of Children and Family Services for care and service.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2009-08-18 - Public Act . . . . . . . . . 96-0581 [HB4054 Detail]
Download: Illinois-2009-HB4054-Enrolled.html
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1 | AN ACT concerning foster children.
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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 1. Short title. This Act may be cited as the Foster | ||||||
5 | Youth Successful Transition to Adulthood Act.
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6 | Section 5. Legislative findings. The General Assembly | ||||||
7 | finds that: | ||||||
8 | (1) The transition to adulthood is complex, gradual, | ||||||
9 | and extended. Long after legal emancipation, many young | ||||||
10 | adults rely heavily on family and other support networks | ||||||
11 | for extended periods of time for financial, emotional and | ||||||
12 | other forms of support, to continue with school, choose a | ||||||
13 | career or find their way in the world of work, secure | ||||||
14 | health care, and maintain a stable residence; | ||||||
15 | (2) The young adults who "age out" of the child welfare | ||||||
16 | system are expected to be self-sufficient long before their | ||||||
17 | peers, with far fewer resources, and often with many | ||||||
18 | challenges unique to the experience of growing up in foster | ||||||
19 | care; | ||||||
20 | (3) Many young adults who "age out" of foster care are | ||||||
21 | ill-equipped to live independently and are especially | ||||||
22 | vulnerable to unemployment, homelessness, mental and | ||||||
23 | physical health-related problems, incarceration, teen |
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1 | pregnancy and parenting, and other obstacles to achieving | ||||||
2 | sustainable self-sufficiency; and | ||||||
3 | (4) It is in the interests of foster children who leave | ||||||
4 | the foster care system prematurely, and who subsequently | ||||||
5 | find themselves unable to maintain their independence | ||||||
6 | without additional support, to have a mechanism for | ||||||
7 | reengaging with the Department of Children and Family | ||||||
8 | Services and the Juvenile Court, and to secure the support | ||||||
9 | and services available to foster youth seeking to learn to | ||||||
10 | live independently as adults.
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11 | Section 10. The Children and Family Services Act is amended | ||||||
12 | by changing Section 5 as follows:
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13 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
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14 | Sec. 5. Direct child welfare services; Department of | ||||||
15 | Children and Family
Services. To provide direct child welfare | ||||||
16 | services when not available
through other public or private | ||||||
17 | child care or program facilities.
| ||||||
18 | (a) For purposes of this Section:
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19 | (1) "Children" means persons found within the State who | ||||||
20 | are under the
age of 18 years. The term also includes | ||||||
21 | persons under age 21 19 who:
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22 | (A) were committed to the Department pursuant to | ||||||
23 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
24 | 1987, as amended, prior to
the age of 18 and who |
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1 | continue under the jurisdiction of the court; or
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2 | (B) were accepted for care, service and training by
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3 | the Department prior to the age of 18 and whose best | ||||||
4 | interest in the
discretion of the Department would be | ||||||
5 | served by continuing that care,
service and training | ||||||
6 | because of severe emotional disturbances, physical
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7 | disability, social adjustment or any combination | ||||||
8 | thereof, or because of the
need to complete an | ||||||
9 | educational or vocational training program.
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10 | (2) "Homeless youth" means persons found within the
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11 | State who are under the age of 19, are not in a safe and | ||||||
12 | stable living
situation and cannot be reunited with their | ||||||
13 | families.
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14 | (3) "Child welfare services" means public social | ||||||
15 | services which are
directed toward the accomplishment of | ||||||
16 | the following purposes:
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17 | (A) protecting and promoting the health, safety | ||||||
18 | and welfare of
children,
including homeless, dependent | ||||||
19 | or neglected children;
| ||||||
20 | (B) remedying, or assisting in the solution
of | ||||||
21 | problems which may result in, the neglect, abuse, | ||||||
22 | exploitation or
delinquency of children;
| ||||||
23 | (C) preventing the unnecessary separation of | ||||||
24 | children
from their families by identifying family | ||||||
25 | problems, assisting families in
resolving their | ||||||
26 | problems, and preventing the breakup of the family
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1 | where the prevention of child removal is desirable and | ||||||
2 | possible when the
child can be cared for at home | ||||||
3 | without endangering the child's health and
safety;
| ||||||
4 | (D) restoring to their families children who have | ||||||
5 | been
removed, by the provision of services to the child | ||||||
6 | and the families when the
child can be cared for at | ||||||
7 | home without endangering the child's health and
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8 | safety;
| ||||||
9 | (E) placing children in suitable adoptive homes, | ||||||
10 | in
cases where restoration to the biological family is | ||||||
11 | not safe, possible or
appropriate;
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12 | (F) assuring safe and adequate care of children | ||||||
13 | away from their
homes, in cases where the child cannot | ||||||
14 | be returned home or cannot be placed
for adoption. At | ||||||
15 | the time of placement, the Department shall consider
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16 | concurrent planning,
as described in subsection (l-1) | ||||||
17 | of this Section so that permanency may
occur at the | ||||||
18 | earliest opportunity. Consideration should be given so | ||||||
19 | that if
reunification fails or is delayed, the | ||||||
20 | placement made is the best available
placement to | ||||||
21 | provide permanency for the child;
| ||||||
22 | (G) (blank);
| ||||||
23 | (H) (blank); and
| ||||||
24 | (I) placing and maintaining children in facilities | ||||||
25 | that provide
separate living quarters for children | ||||||
26 | under the age of 18 and for children
18 years of age |
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1 | and older, unless a child 18 years of age is in the | ||||||
2 | last
year of high school education or vocational | ||||||
3 | training, in an approved
individual or group treatment | ||||||
4 | program, in a licensed shelter facility,
or secure | ||||||
5 | child care facility.
The Department is not required to | ||||||
6 | place or maintain children:
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7 | (i) who are in a foster home, or
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8 | (ii) who are persons with a developmental | ||||||
9 | disability, as defined in
the Mental
Health and | ||||||
10 | Developmental Disabilities Code, or
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11 | (iii) who are female children who are | ||||||
12 | pregnant, pregnant and
parenting or parenting, or
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13 | (iv) who are siblings, in facilities that | ||||||
14 | provide separate living quarters for children 18
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15 | years of age and older and for children under 18 | ||||||
16 | years of age.
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17 | (b) Nothing in this Section shall be construed to authorize | ||||||
18 | the
expenditure of public funds for the purpose of performing | ||||||
19 | abortions.
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20 | (c) The Department shall establish and maintain | ||||||
21 | tax-supported child
welfare services and extend and seek to | ||||||
22 | improve voluntary services
throughout the State, to the end | ||||||
23 | that services and care shall be available
on an equal basis | ||||||
24 | throughout the State to children requiring such services.
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25 | (d) The Director may authorize advance disbursements for | ||||||
26 | any new program
initiative to any agency contracting with the |
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1 | Department. As a
prerequisite for an advance disbursement, the | ||||||
2 | contractor must post a
surety bond in the amount of the advance | ||||||
3 | disbursement and have a
purchase of service contract approved | ||||||
4 | by the Department. The Department
may pay up to 2 months | ||||||
5 | operational expenses in advance. The amount of the
advance | ||||||
6 | disbursement shall be prorated over the life of the contract
or | ||||||
7 | the remaining months of the fiscal year, whichever is less, and | ||||||
8 | the
installment amount shall then be deducted from future | ||||||
9 | bills. Advance
disbursement authorizations for new initiatives | ||||||
10 | shall not be made to any
agency after that agency has operated | ||||||
11 | during 2 consecutive fiscal years.
The requirements of this | ||||||
12 | Section concerning advance disbursements shall
not apply with | ||||||
13 | respect to the following: payments to local public agencies
for | ||||||
14 | child day care services as authorized by Section 5a of this | ||||||
15 | Act; and
youth service programs receiving grant funds under | ||||||
16 | Section 17a-4.
| ||||||
17 | (e) (Blank).
| ||||||
18 | (f) (Blank).
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19 | (g) The Department shall establish rules and regulations | ||||||
20 | concerning
its operation of programs designed to meet the goals | ||||||
21 | of child safety and
protection,
family preservation, family | ||||||
22 | reunification, and adoption, including but not
limited to:
| ||||||
23 | (1) adoption;
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24 | (2) foster care;
| ||||||
25 | (3) family counseling;
| ||||||
26 | (4) protective services;
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1 | (5) (blank);
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2 | (6) homemaker service;
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3 | (7) return of runaway children;
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4 | (8) (blank);
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5 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
6 | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | ||||||
7 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
8 | Assistance and Child Welfare Act of
1980; and
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9 | (10) interstate services.
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10 | Rules and regulations established by the Department shall | ||||||
11 | include
provisions for training Department staff and the staff | ||||||
12 | of Department
grantees, through contracts with other agencies | ||||||
13 | or resources, in alcohol
and drug abuse screening techniques | ||||||
14 | approved by the Department of Human
Services, as a successor to | ||||||
15 | the Department of Alcoholism and Substance Abuse,
for the | ||||||
16 | purpose of identifying children and adults who
should be | ||||||
17 | referred to an alcohol and drug abuse treatment program for
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18 | professional evaluation.
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19 | (h) If the Department finds that there is no appropriate | ||||||
20 | program or
facility within or available to the Department for a | ||||||
21 | ward and that no
licensed private facility has an adequate and | ||||||
22 | appropriate program or none
agrees to accept the ward, the | ||||||
23 | Department shall create an appropriate
individualized, | ||||||
24 | program-oriented plan for such ward. The
plan may be developed | ||||||
25 | within the Department or through purchase of services
by the | ||||||
26 | Department to the extent that it is within its statutory |
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1 | authority
to do.
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2 | (i) Service programs shall be available throughout the | ||||||
3 | State and shall
include but not be limited to the following | ||||||
4 | services:
| ||||||
5 | (1) case management;
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6 | (2) homemakers;
| ||||||
7 | (3) counseling;
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8 | (4) parent education;
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9 | (5) day care; and
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10 | (6) emergency assistance and advocacy.
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11 | In addition, the following services may be made available | ||||||
12 | to assess and
meet the needs of children and families:
| ||||||
13 | (1) comprehensive family-based services;
| ||||||
14 | (2) assessments;
| ||||||
15 | (3) respite care; and
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16 | (4) in-home health services.
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17 | The Department shall provide transportation for any of the | ||||||
18 | services it
makes available to children or families or for | ||||||
19 | which it refers children
or families.
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20 | (j) The Department may provide categories of financial | ||||||
21 | assistance and
education assistance grants, and shall
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22 | establish rules and regulations concerning the assistance and | ||||||
23 | grants, to
persons who
adopt physically or mentally | ||||||
24 | handicapped, older and other hard-to-place
children who (i) | ||||||
25 | immediately prior to their adoption were legal wards of
the | ||||||
26 | Department
or (ii) were determined eligible for financial |
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1 | assistance with respect to a
prior adoption and who become | ||||||
2 | available for adoption because the
prior adoption has been | ||||||
3 | dissolved and the parental rights of the adoptive
parents have | ||||||
4 | been
terminated or because the child's adoptive parents have | ||||||
5 | died.
The Department may continue to provide financial | ||||||
6 | assistance and education assistance grants for a child who was | ||||||
7 | determined eligible for financial assistance under this | ||||||
8 | subsection (j) in the interim period beginning when the child's | ||||||
9 | adoptive parents died and ending with the finalization of the | ||||||
10 | new adoption of the child by another adoptive parent or | ||||||
11 | parents. The Department may also provide categories of | ||||||
12 | financial
assistance and education assistance grants, and
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13 | shall establish rules and regulations for the assistance and | ||||||
14 | grants, to persons
appointed guardian of the person under | ||||||
15 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
16 | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
17 | who were wards of the Department for 12 months immediately
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18 | prior to the appointment of the guardian.
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19 | The amount of assistance may vary, depending upon the needs | ||||||
20 | of the child
and the adoptive parents,
as set forth in the | ||||||
21 | annual
assistance agreement. Special purpose grants are | ||||||
22 | allowed where the child
requires special service but such costs | ||||||
23 | may not exceed the amounts
which similar services would cost | ||||||
24 | the Department if it were to provide or
secure them as guardian | ||||||
25 | of the child.
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26 | Any financial assistance provided under this subsection is
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1 | inalienable by assignment, sale, execution, attachment, | ||||||
2 | garnishment, or any
other remedy for recovery or collection of | ||||||
3 | a judgment or debt.
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4 | (j-5) The Department shall not deny or delay the placement | ||||||
5 | of a child for
adoption
if an approved family is available | ||||||
6 | either outside of the Department region
handling the case,
or | ||||||
7 | outside of the State of Illinois.
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8 | (k) The Department shall accept for care and training any | ||||||
9 | child who has
been adjudicated neglected or abused, or | ||||||
10 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
11 | the Juvenile Court Act of 1987.
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12 | (l) Before July 1, 2000, the Department may provide, and | ||||||
13 | beginning
July 1, 2000, the Department shall
offer family | ||||||
14 | preservation services, as defined in Section 8.2 of the Abused
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15 | and
Neglected Child
Reporting Act, to help families, including | ||||||
16 | adoptive and extended families.
Family preservation
services | ||||||
17 | shall be offered (i) to prevent the
placement
of children in
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18 | substitute care when the children can be cared for at home or | ||||||
19 | in the custody of
the person
responsible for the children's | ||||||
20 | welfare,
(ii) to
reunite children with their families, or (iii) | ||||||
21 | to
maintain an adoptive placement. Family preservation | ||||||
22 | services shall only be
offered when doing so will not endanger | ||||||
23 | the children's health or safety. With
respect to children who | ||||||
24 | are in substitute care pursuant to the Juvenile Court
Act of | ||||||
25 | 1987, family preservation services shall not be offered if a | ||||||
26 | goal other
than those of subdivisions (A), (B), or (B-1) of |
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1 | subsection (2) of Section 2-28
of
that Act has been set.
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2 | Nothing in this paragraph shall be construed to create a | ||||||
3 | private right of
action or claim on the part of any individual | ||||||
4 | or child welfare agency.
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5 | The Department shall notify the child and his family of the
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6 | Department's
responsibility to offer and provide family | ||||||
7 | preservation services as
identified in the service plan. The | ||||||
8 | child and his family shall be eligible
for services as soon as | ||||||
9 | the report is determined to be "indicated". The
Department may | ||||||
10 | offer services to any child or family with respect to whom a
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11 | report of suspected child abuse or neglect has been filed, | ||||||
12 | prior to
concluding its investigation under Section 7.12 of the | ||||||
13 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
14 | or family's willingness to
accept services shall not be | ||||||
15 | considered in the investigation. The
Department may also | ||||||
16 | provide services to any child or family who is the
subject of | ||||||
17 | any report of suspected child abuse or neglect or may refer | ||||||
18 | such
child or family to services available from other agencies | ||||||
19 | in the community,
even if the report is determined to be | ||||||
20 | unfounded, if the conditions in the
child's or family's home | ||||||
21 | are reasonably likely to subject the child or
family to future | ||||||
22 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
23 | services shall be voluntary.
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24 | The Department may, at its discretion except for those | ||||||
25 | children also
adjudicated neglected or dependent, accept for | ||||||
26 | care and training any child
who has been adjudicated addicted, |
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1 | as a truant minor in need of
supervision or as a minor | ||||||
2 | requiring authoritative intervention, under the
Juvenile Court | ||||||
3 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
4 | be committed to the Department by any court without the | ||||||
5 | approval of
the Department. A minor charged with a criminal | ||||||
6 | offense under the Criminal
Code of 1961 or adjudicated | ||||||
7 | delinquent shall not be placed in the custody of or
committed | ||||||
8 | to the Department by any court, except (i) a minor less than 15 | ||||||
9 | years
of age committed to the Department under Section 5-710 of | ||||||
10 | the Juvenile Court
Act
of 1987 , (ii) or a minor for whom an | ||||||
11 | independent basis of abuse, neglect, or dependency exists, | ||||||
12 | which must be defined by departmental rule , or (iii) a minor | ||||||
13 | for whom the court has granted a supplemental petition to | ||||||
14 | reinstate wardship pursuant to subsection (2) of Section 2-33 | ||||||
15 | of the Juvenile Court Act of 1987 . An independent basis exists | ||||||
16 | when the allegations or adjudication of abuse, neglect, or | ||||||
17 | dependency do not arise from the same facts, incident, or | ||||||
18 | circumstances which give rise to a charge or adjudication of | ||||||
19 | delinquency.
| ||||||
20 | (l-1) The legislature recognizes that the best interests of | ||||||
21 | the child
require that
the child be placed in the most | ||||||
22 | permanent living arrangement as soon as is
practically
| ||||||
23 | possible. To achieve this goal, the legislature directs the | ||||||
24 | Department of
Children and
Family Services to conduct | ||||||
25 | concurrent planning so that permanency may occur at
the
| ||||||
26 | earliest opportunity. Permanent living arrangements may |
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| |||||||
1 | include prevention of
placement of a child outside the home of | ||||||
2 | the family when the child can be cared
for at
home without | ||||||
3 | endangering the child's health or safety; reunification with | ||||||
4 | the
family,
when safe and appropriate, if temporary placement | ||||||
5 | is necessary; or movement of
the child
toward the most | ||||||
6 | permanent living arrangement and permanent legal status.
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7 | When determining reasonable efforts to be made with respect | ||||||
8 | to a child, as
described in this
subsection, and in making such | ||||||
9 | reasonable efforts, the child's health and
safety shall be the
| ||||||
10 | paramount concern.
| ||||||
11 | When a child is placed in foster care, the Department shall | ||||||
12 | ensure and
document that reasonable efforts were made to | ||||||
13 | prevent or eliminate the need to
remove the child from the | ||||||
14 | child's home. The Department must make
reasonable efforts to | ||||||
15 | reunify the family when temporary placement of the child
occurs
| ||||||
16 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
17 | of 1987.
At any time after the dispositional hearing where the | ||||||
18 | Department believes
that further reunification services would | ||||||
19 | be ineffective, it may request a
finding from the court that | ||||||
20 | reasonable efforts are no longer appropriate. The
Department is | ||||||
21 | not required to provide further reunification services after | ||||||
22 | such
a
finding.
| ||||||
23 | A decision to place a child in substitute care shall be | ||||||
24 | made with
considerations of the child's health, safety, and | ||||||
25 | best interests. At the
time of placement, consideration should | ||||||
26 | also be given so that if reunification
fails or is delayed, the |
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| |||||||
1 | placement made is the best available placement to
provide | ||||||
2 | permanency for the child.
| ||||||
3 | The Department shall adopt rules addressing concurrent | ||||||
4 | planning for
reunification and permanency. The Department | ||||||
5 | shall consider the following
factors when determining | ||||||
6 | appropriateness of concurrent planning:
| ||||||
7 | (1) the likelihood of prompt reunification;
| ||||||
8 | (2) the past history of the family;
| ||||||
9 | (3) the barriers to reunification being addressed by | ||||||
10 | the family;
| ||||||
11 | (4) the level of cooperation of the family;
| ||||||
12 | (5) the foster parents' willingness to work with the | ||||||
13 | family to reunite;
| ||||||
14 | (6) the willingness and ability of the foster family to | ||||||
15 | provide an
adoptive
home or long-term placement;
| ||||||
16 | (7) the age of the child;
| ||||||
17 | (8) placement of siblings.
| ||||||
18 | (m) The Department may assume temporary custody of any | ||||||
19 | child if:
| ||||||
20 | (1) it has received a written consent to such temporary | ||||||
21 | custody
signed by the parents of the child or by the parent | ||||||
22 | having custody of the
child if the parents are not living | ||||||
23 | together or by the guardian or
custodian of the child if | ||||||
24 | the child is not in the custody of either
parent, or
| ||||||
25 | (2) the child is found in the State and neither a | ||||||
26 | parent,
guardian nor custodian of the child can be located.
|
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| |||||||
1 | If the child is found in his or her residence without a parent, | ||||||
2 | guardian,
custodian or responsible caretaker, the Department | ||||||
3 | may, instead of removing
the child and assuming temporary | ||||||
4 | custody, place an authorized
representative of the Department | ||||||
5 | in that residence until such time as a
parent, guardian or | ||||||
6 | custodian enters the home and expresses a willingness
and | ||||||
7 | apparent ability to ensure the child's health and safety and | ||||||
8 | resume
permanent
charge of the child, or until a
relative | ||||||
9 | enters the home and is willing and able to ensure the child's | ||||||
10 | health
and
safety and assume charge of the
child until a | ||||||
11 | parent, guardian or custodian enters the home and expresses
| ||||||
12 | such willingness and ability to ensure the child's safety and | ||||||
13 | resume
permanent charge. After a caretaker has remained in the | ||||||
14 | home for a period not
to exceed 12 hours, the Department must | ||||||
15 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
16 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
17 | The Department shall have the authority, responsibilities | ||||||
18 | and duties that
a legal custodian of the child would have | ||||||
19 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
20 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
21 | pursuant to an investigation under the Abused and
Neglected | ||||||
22 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
23 | under the Juvenile Court Act of 1987 of a minor in limited | ||||||
24 | custody, the
Department, during the period of temporary custody | ||||||
25 | and before the child
is brought before a judicial officer as | ||||||
26 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile |
| |||||||
| |||||||
1 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
2 | and duties that a legal custodian of the child
would have under | ||||||
3 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
4 | 1987.
| ||||||
5 | The Department shall ensure that any child taken into | ||||||
6 | custody
is scheduled for an appointment for a medical | ||||||
7 | examination.
| ||||||
8 | A parent, guardian or custodian of a child in the temporary | ||||||
9 | custody of the
Department who would have custody of the child | ||||||
10 | if he were not in the
temporary custody of the Department may | ||||||
11 | deliver to the Department a signed
request that the Department | ||||||
12 | surrender the temporary custody of the child.
The Department | ||||||
13 | may retain temporary custody of the child for 10 days after
the | ||||||
14 | receipt of the request, during which period the Department may | ||||||
15 | cause to
be filed a petition pursuant to the Juvenile Court Act | ||||||
16 | of 1987. If a
petition is so filed, the Department shall retain | ||||||
17 | temporary custody of the
child until the court orders | ||||||
18 | otherwise. If a petition is not filed within
the 10 day period, | ||||||
19 | the child shall be surrendered to the custody of the
requesting | ||||||
20 | parent, guardian or custodian not later than the expiration of
| ||||||
21 | the 10 day period, at which time the authority and duties of | ||||||
22 | the Department
with respect to the temporary custody of the | ||||||
23 | child shall terminate.
| ||||||
24 | (m-1) The Department may place children under 18 years of | ||||||
25 | age in a secure
child care facility licensed by the Department | ||||||
26 | that cares for children who are
in need of secure living |
| |||||||
| |||||||
1 | arrangements for their health, safety, and well-being
after a | ||||||
2 | determination is made by the facility director and the Director | ||||||
3 | or the
Director's designate prior to admission to the facility | ||||||
4 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
5 | This subsection (m-1) does not apply
to a child who is subject | ||||||
6 | to placement in a correctional facility operated
pursuant to | ||||||
7 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
8 | child is a ward who was placed under the care of the Department | ||||||
9 | before being
subject to placement in a correctional facility | ||||||
10 | and a court of competent
jurisdiction has ordered placement of | ||||||
11 | the child in a secure care facility.
| ||||||
12 | (n) The Department may place children under 18 years of age | ||||||
13 | in
licensed child care facilities when in the opinion of the | ||||||
14 | Department,
appropriate services aimed at family preservation | ||||||
15 | have been unsuccessful and
cannot ensure the child's health and | ||||||
16 | safety or are unavailable and such
placement would be for their | ||||||
17 | best interest. Payment
for board, clothing, care, training and | ||||||
18 | supervision of any child placed in
a licensed child care | ||||||
19 | facility may be made by the Department, by the
parents or | ||||||
20 | guardians of the estates of those children, or by both the
| ||||||
21 | Department and the parents or guardians, except that no | ||||||
22 | payments shall be
made by the Department for any child placed | ||||||
23 | in a licensed child care
facility for board, clothing, care, | ||||||
24 | training and supervision of such a
child that exceed the | ||||||
25 | average per capita cost of maintaining and of caring
for a | ||||||
26 | child in institutions for dependent or neglected children |
| |||||||
| |||||||
1 | operated by
the Department. However, such restriction on | ||||||
2 | payments does not apply in
cases where children require | ||||||
3 | specialized care and treatment for problems of
severe emotional | ||||||
4 | disturbance, physical disability, social adjustment, or
any | ||||||
5 | combination thereof and suitable facilities for the placement | ||||||
6 | of such
children are not available at payment rates within the | ||||||
7 | limitations set
forth in this Section. All reimbursements for | ||||||
8 | services delivered shall be
absolutely inalienable by | ||||||
9 | assignment, sale, attachment, garnishment or
otherwise.
| ||||||
10 | (n-1) The Department shall provide or authorize child | ||||||
11 | welfare services, aimed at assisting minors to achieve | ||||||
12 | sustainable self-sufficiency as independent adults, for any | ||||||
13 | minor eligible for the reinstatement of wardship pursuant to | ||||||
14 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
15 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
16 | provided that the minor consents to such services and has not | ||||||
17 | yet attained the age of 21. The Department shall have | ||||||
18 | responsibility for the development and delivery of services | ||||||
19 | under this Section. An eligible youth may access services under | ||||||
20 | this Section through the Department of Children and Family | ||||||
21 | Services or by referral from the Department of Human Services. | ||||||
22 | Youth participating in services under this Section shall | ||||||
23 | cooperate with the assigned case manager in developing an | ||||||
24 | agreement identifying the services to be provided and how the | ||||||
25 | youth will increase skills to achieve self-sufficiency. A | ||||||
26 | homeless shelter is not considered appropriate housing for any |
| |||||||
| |||||||
1 | youth receiving child welfare services under this Section. The | ||||||
2 | Department shall continue child welfare services under this | ||||||
3 | Section to any eligible minor until the minor becomes 21 years | ||||||
4 | of age, no longer consents to participate, or achieves | ||||||
5 | self-sufficiency as identified in the minor's service plan. The | ||||||
6 | Department of Children and Family Services shall create clear, | ||||||
7 | readable notice of the rights of former foster youth to child | ||||||
8 | welfare services under this Section and how such services may | ||||||
9 | be obtained. The Department of Children and Family Services and | ||||||
10 | the Department of Human Services shall disseminate this | ||||||
11 | information statewide. The Department shall adopt regulations | ||||||
12 | describing services intended to assist minors in achieving | ||||||
13 | sustainable self-sufficiency as independent adults. | ||||||
14 | (o) The Department shall establish an administrative | ||||||
15 | review and appeal
process for children and families who request | ||||||
16 | or receive child welfare
services from the Department. Children | ||||||
17 | who are wards of the Department and
are placed by private child | ||||||
18 | welfare agencies, and foster families with whom
those children | ||||||
19 | are placed, shall be afforded the same procedural and appeal
| ||||||
20 | rights as children and families in the case of placement by the | ||||||
21 | Department,
including the right to an initial review of a | ||||||
22 | private agency decision by
that agency. The Department shall | ||||||
23 | insure that any private child welfare
agency, which accepts | ||||||
24 | wards of the Department for placement, affords those
rights to | ||||||
25 | children and foster families. The Department shall accept for
| ||||||
26 | administrative review and an appeal hearing a complaint made by |
| |||||||
| |||||||
1 | (i) a child
or foster family concerning a decision following an | ||||||
2 | initial review by a
private child welfare agency or (ii) a | ||||||
3 | prospective adoptive parent who alleges
a violation of | ||||||
4 | subsection (j-5) of this Section. An appeal of a decision
| ||||||
5 | concerning a change in the placement of a child shall be | ||||||
6 | conducted in an
expedited manner.
| ||||||
7 | (p) There is hereby created the Department of Children and | ||||||
8 | Family
Services Emergency Assistance Fund from which the | ||||||
9 | Department may provide
special financial assistance to | ||||||
10 | families which are in economic crisis when
such assistance is | ||||||
11 | not available through other public or private sources
and the | ||||||
12 | assistance is deemed necessary to prevent dissolution of the | ||||||
13 | family
unit or to reunite families which have been separated | ||||||
14 | due to child abuse and
neglect. The Department shall establish | ||||||
15 | administrative rules specifying
the criteria for determining | ||||||
16 | eligibility for and the amount and nature of
assistance to be | ||||||
17 | provided. The Department may also enter into written
agreements | ||||||
18 | with private and public social service agencies to provide
| ||||||
19 | emergency financial services to families referred by the | ||||||
20 | Department.
Special financial assistance payments shall be | ||||||
21 | available to a family no
more than once during each fiscal year | ||||||
22 | and the total payments to a
family may not exceed $500 during a | ||||||
23 | fiscal year.
| ||||||
24 | (q) The Department may receive and use, in their entirety, | ||||||
25 | for the
benefit of children any gift, donation or bequest of | ||||||
26 | money or other
property which is received on behalf of such |
| |||||||
| |||||||
1 | children, or any financial
benefits to which such children are | ||||||
2 | or may become entitled while under
the jurisdiction or care of | ||||||
3 | the Department.
| ||||||
4 | The Department shall set up and administer no-cost, | ||||||
5 | interest-bearing accounts in appropriate financial | ||||||
6 | institutions
for children for whom the Department is legally | ||||||
7 | responsible and who have been
determined eligible for Veterans' | ||||||
8 | Benefits, Social Security benefits,
assistance allotments from | ||||||
9 | the armed forces, court ordered payments, parental
voluntary | ||||||
10 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
11 | payments, Black Lung benefits, or other miscellaneous | ||||||
12 | payments. Interest
earned by each account shall be credited to | ||||||
13 | the account, unless
disbursed in accordance with this | ||||||
14 | subsection.
| ||||||
15 | In disbursing funds from children's accounts, the | ||||||
16 | Department
shall:
| ||||||
17 | (1) Establish standards in accordance with State and | ||||||
18 | federal laws for
disbursing money from children's | ||||||
19 | accounts. In all
circumstances,
the Department's | ||||||
20 | "Guardianship Administrator" or his or her designee must
| ||||||
21 | approve disbursements from children's accounts. The | ||||||
22 | Department
shall be responsible for keeping complete | ||||||
23 | records of all disbursements for each account for any | ||||||
24 | purpose.
| ||||||
25 | (2) Calculate on a monthly basis the amounts paid from | ||||||
26 | State funds for the
child's board and care, medical care |
| |||||||
| |||||||
1 | not covered under Medicaid, and social
services; and | ||||||
2 | utilize funds from the child's account, as
covered by | ||||||
3 | regulation, to reimburse those costs. Monthly, | ||||||
4 | disbursements from
all children's accounts, up to 1/12 of | ||||||
5 | $13,000,000, shall be
deposited by the Department into the | ||||||
6 | General Revenue Fund and the balance over
1/12 of | ||||||
7 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
8 | (3) Maintain any balance remaining after reimbursing | ||||||
9 | for the child's costs
of care, as specified in item (2). | ||||||
10 | The balance shall accumulate in accordance
with relevant | ||||||
11 | State and federal laws and shall be disbursed to the child | ||||||
12 | or his
or her guardian, or to the issuing agency.
| ||||||
13 | (r) The Department shall promulgate regulations | ||||||
14 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
15 | Department or its agent names and
addresses of all persons who | ||||||
16 | have applied for and have been approved for
adoption of a | ||||||
17 | hard-to-place or handicapped child and the names of such
| ||||||
18 | children who have not been placed for adoption. A list of such | ||||||
19 | names and
addresses shall be maintained by the Department or | ||||||
20 | its agent, and coded
lists which maintain the confidentiality | ||||||
21 | of the person seeking to adopt the
child and of the child shall | ||||||
22 | be made available, without charge, to every
adoption agency in | ||||||
23 | the State to assist the agencies in placing such
children for | ||||||
24 | adoption. The Department may delegate to an agent its duty to
| ||||||
25 | maintain and make available such lists. The Department shall | ||||||
26 | ensure that
such agent maintains the confidentiality of the |
| |||||||
| |||||||
1 | person seeking to adopt the
child and of the child.
| ||||||
2 | (s) The Department of Children and Family Services may | ||||||
3 | establish and
implement a program to reimburse Department and | ||||||
4 | private child welfare
agency foster parents licensed by the | ||||||
5 | Department of Children and Family
Services for damages | ||||||
6 | sustained by the foster parents as a result of the
malicious or | ||||||
7 | negligent acts of foster children, as well as providing third
| ||||||
8 | party coverage for such foster parents with regard to actions | ||||||
9 | of foster
children to other individuals. Such coverage will be | ||||||
10 | secondary to the
foster parent liability insurance policy, if | ||||||
11 | applicable. The program shall
be funded through appropriations | ||||||
12 | from the General Revenue Fund,
specifically designated for such | ||||||
13 | purposes.
| ||||||
14 | (t) The Department shall perform home studies and | ||||||
15 | investigations and
shall exercise supervision over visitation | ||||||
16 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
17 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
18 | (1) an order entered by an Illinois court specifically
| ||||||
19 | directs the Department to perform such services; and
| ||||||
20 | (2) the court has ordered one or both of the parties to
| ||||||
21 | the proceeding to reimburse the Department for its | ||||||
22 | reasonable costs for
providing such services in accordance | ||||||
23 | with Department rules, or has
determined that neither party | ||||||
24 | is financially able to pay.
| ||||||
25 | The Department shall provide written notification to the | ||||||
26 | court of the
specific arrangements for supervised visitation |
| |||||||
| |||||||
1 | and projected monthly costs
within 60 days of the court order. | ||||||
2 | The Department shall send to the court
information related to | ||||||
3 | the costs incurred except in cases where the court
has | ||||||
4 | determined the parties are financially unable to pay. The court | ||||||
5 | may
order additional periodic reports as appropriate.
| ||||||
6 | (u) In addition to other information that must be provided, | ||||||
7 | whenever the Department places a child with a prospective | ||||||
8 | adoptive parent or parents or in a licensed foster home,
group | ||||||
9 | home, child care institution, or in a relative home, the | ||||||
10 | Department
shall provide to the prospective adoptive parent or | ||||||
11 | parents or other caretaker:
| ||||||
12 | (1) available detailed information concerning the | ||||||
13 | child's educational
and health history, copies of | ||||||
14 | immunization records (including insurance
and medical card | ||||||
15 | information), a history of the child's previous | ||||||
16 | placements,
if any, and reasons for placement changes | ||||||
17 | excluding any information that
identifies or reveals the | ||||||
18 | location of any previous caretaker;
| ||||||
19 | (2) a copy of the child's portion of the client service | ||||||
20 | plan, including
any visitation arrangement, and all | ||||||
21 | amendments or revisions to it as
related to the child; and
| ||||||
22 | (3) information containing details of the child's | ||||||
23 | individualized
educational plan when the child is | ||||||
24 | receiving special education services.
| ||||||
25 | The caretaker shall be informed of any known social or | ||||||
26 | behavioral
information (including, but not limited to, |
| |||||||
| |||||||
1 | criminal background, fire
setting, perpetuation of
sexual | ||||||
2 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
3 | care
for and safeguard the children to be placed or currently | ||||||
4 | in the home. The Department may prepare a written summary of | ||||||
5 | the information required by this paragraph, which may be | ||||||
6 | provided to the foster or prospective adoptive parent in | ||||||
7 | advance of a placement. The foster or prospective adoptive | ||||||
8 | parent may review the supporting documents in the child's file | ||||||
9 | in the presence of casework staff. In the case of an emergency | ||||||
10 | placement, casework staff shall at least provide known | ||||||
11 | information verbally, if necessary, and must subsequently | ||||||
12 | provide the information in writing as required by this | ||||||
13 | subsection.
| ||||||
14 | The information described in this subsection shall be | ||||||
15 | provided in writing. In the case of emergency placements when | ||||||
16 | time does not allow prior review, preparation, and collection | ||||||
17 | of written information, the Department shall provide such | ||||||
18 | information as it becomes available. Within 10 business days | ||||||
19 | after placement, the Department shall obtain from the | ||||||
20 | prospective adoptive parent or parents or other caretaker a | ||||||
21 | signed verification of receipt of the information provided. | ||||||
22 | Within 10 business days after placement, the Department shall | ||||||
23 | provide to the child's guardian ad litem a copy of the | ||||||
24 | information provided to the prospective adoptive parent or | ||||||
25 | parents or other caretaker. The information provided to the | ||||||
26 | prospective adoptive parent or parents or other caretaker shall |
| |||||||
| |||||||
1 | be reviewed and approved regarding accuracy at the supervisory | ||||||
2 | level.
| ||||||
3 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
4 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
5 | of 1969 shall be eligible to
receive foster care payments from | ||||||
6 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
7 | were approved pursuant to approved
relative placement rules | ||||||
8 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
9 | 335 and had submitted an application for licensure as a foster | ||||||
10 | family
home may continue to receive foster care payments only | ||||||
11 | until the Department
determines that they may be licensed as a | ||||||
12 | foster family home or that their
application for licensure is | ||||||
13 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
14 | (v) The Department shall access criminal history record | ||||||
15 | information
as defined in the Illinois Uniform Conviction | ||||||
16 | Information Act and information
maintained in the adjudicatory | ||||||
17 | and dispositional record system as defined in
Section 2605-355 | ||||||
18 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
19 | if the Department determines the information is necessary to | ||||||
20 | perform its duties
under the Abused and Neglected Child | ||||||
21 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
22 | Family Services Act. The Department shall provide for
| ||||||
23 | interactive computerized communication and processing | ||||||
24 | equipment that permits
direct on-line communication with the | ||||||
25 | Department of State Police's central
criminal history data | ||||||
26 | repository. The Department shall comply with all
certification |
| |||||||
| |||||||
1 | requirements and provide certified operators who have been
| ||||||
2 | trained by personnel from the Department of State Police. In | ||||||
3 | addition, one
Office of the Inspector General investigator | ||||||
4 | shall have training in the use of
the criminal history | ||||||
5 | information access system and have
access to the terminal. The | ||||||
6 | Department of Children and Family Services and its
employees | ||||||
7 | shall abide by rules and regulations established by the | ||||||
8 | Department of
State Police relating to the access and | ||||||
9 | dissemination of
this information.
| ||||||
10 | (v-1) Prior to final approval for placement of a child, the | ||||||
11 | Department shall conduct a criminal records background check of | ||||||
12 | the prospective foster or adoptive parent, including | ||||||
13 | fingerprint-based checks of national crime information | ||||||
14 | databases. Final approval for placement shall not be granted if | ||||||
15 | the record check reveals a felony conviction for child abuse or | ||||||
16 | neglect, for spousal abuse, for a crime against children, or | ||||||
17 | for a crime involving violence, including rape, sexual assault, | ||||||
18 | or homicide, but not including other physical assault or | ||||||
19 | battery, or if there is a felony conviction for physical | ||||||
20 | assault, battery, or a drug-related offense committed within | ||||||
21 | the past 5 years. | ||||||
22 | (v-2) Prior to final approval for placement of a child, the | ||||||
23 | Department shall check its child abuse and neglect registry for | ||||||
24 | information concerning prospective foster and adoptive | ||||||
25 | parents, and any adult living in the home. If any prospective | ||||||
26 | foster or adoptive parent or other adult living in the home has |
| |||||||
| |||||||
1 | resided in another state in the preceding 5 years, the | ||||||
2 | Department shall request a check of that other state's child | ||||||
3 | abuse and neglect registry.
| ||||||
4 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
5 | of Public Act
89-392), the Department shall prepare and submit | ||||||
6 | to the Governor and the
General Assembly, a written plan for | ||||||
7 | the development of in-state licensed
secure child care | ||||||
8 | facilities that care for children who are in need of secure
| ||||||
9 | living
arrangements for their health, safety, and well-being. | ||||||
10 | For purposes of this
subsection, secure care facility shall | ||||||
11 | mean a facility that is designed and
operated to ensure that | ||||||
12 | all entrances and exits from the facility, a building
or a | ||||||
13 | distinct part of the building, are under the exclusive control | ||||||
14 | of the
staff of the facility, whether or not the child has the | ||||||
15 | freedom of movement
within the perimeter of the facility, | ||||||
16 | building, or distinct part of the
building. The plan shall | ||||||
17 | include descriptions of the types of facilities that
are needed | ||||||
18 | in Illinois; the cost of developing these secure care | ||||||
19 | facilities;
the estimated number of placements; the potential | ||||||
20 | cost savings resulting from
the movement of children currently | ||||||
21 | out-of-state who are projected to be
returned to Illinois; the | ||||||
22 | necessary geographic distribution of these
facilities in | ||||||
23 | Illinois; and a proposed timetable for development of such
| ||||||
24 | facilities. | ||||||
25 | (Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06; | ||||||
26 | 95-10, eff. 6-30-07; 95-601, eff. 9-11-07; 95-642, eff. 6-1-08; |
| |||||||
| |||||||
1 | 95-876, eff. 8-21-08.)
| ||||||
2 | Section 15. The Juvenile Court Act of 1987 is amended by | ||||||
3 | changing Sections 2-23, 2-27, 2-31, and 2-33 as follows:
| ||||||
4 | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| ||||||
5 | Sec. 2-23. Kinds of dispositional orders.
| ||||||
6 | (1) The following kinds of orders of disposition may be | ||||||
7 | made in respect of
wards of the court:
| ||||||
8 | (a) A minor under 18 years of age found to be neglected | ||||||
9 | or abused under
Section 2-3 or dependent under Section 2-4 | ||||||
10 | may be (1) continued in the
custody of his or her parents,
| ||||||
11 | guardian or legal custodian; (2) placed in accordance with | ||||||
12 | Section 2-27;
(3) restored to the custody of the parent, | ||||||
13 | parents, guardian, or legal
custodian, provided the court | ||||||
14 | shall order the parent, parents, guardian, or
legal | ||||||
15 | custodian to cooperate with the Department of Children and | ||||||
16 | Family
Services and comply with the terms of an after-care | ||||||
17 | plan or risk the loss of
custody of the child and the | ||||||
18 | possible termination of their parental rights;
or
(4) | ||||||
19 | ordered partially or completely emancipated in accordance | ||||||
20 | with
the provisions of the Emancipation of Minors Act.
| ||||||
21 | However, in any case in which a minor is found by the | ||||||
22 | court to be
neglected or abused under Section 2-3 of this | ||||||
23 | Act, custody of the minor
shall not be restored to any | ||||||
24 | parent, guardian or legal custodian whose acts
or omissions |
| |||||||
| |||||||
1 | or both have been identified, pursuant to subsection (1) of
| ||||||
2 | Section 2-21, as forming the basis for the court's finding | ||||||
3 | of abuse or
neglect, until such time
as a
hearing is held | ||||||
4 | on the issue of the best interests of the minor and the | ||||||
5 | fitness
of such parent, guardian or legal custodian to care | ||||||
6 | for the minor without
endangering the minor's health or | ||||||
7 | safety, and the court
enters an order that such parent, | ||||||
8 | guardian or legal custodian is fit to care
for the minor.
| ||||||
9 | (b) A minor under 18 years of age found to be dependent | ||||||
10 | under
Section 2-4 may be (1) placed in accordance with | ||||||
11 | Section 2-27 or (2)
ordered partially or completely | ||||||
12 | emancipated in accordance with the
provisions of the | ||||||
13 | Emancipation of Minors Act.
| ||||||
14 | However, in any case in which a minor is found by the | ||||||
15 | court to be
dependent under Section 2-4 of this Act, | ||||||
16 | custody of the minor shall not be
restored to
any parent, | ||||||
17 | guardian or legal custodian whose acts or omissions or both | ||||||
18 | have
been identified, pursuant to subsection (1) of Section | ||||||
19 | 2-21, as forming the
basis for the court's finding of | ||||||
20 | dependency, until such
time as a hearing is
held on the | ||||||
21 | issue of the fitness of such parent, guardian or legal
| ||||||
22 | custodian to care for the minor without endangering the | ||||||
23 | minor's health or
safety, and the court enters an order | ||||||
24 | that such
parent, guardian or legal custodian is fit to | ||||||
25 | care for the minor.
| ||||||
26 | (b-1) A minor between the ages of 18 and 21 may be |
| |||||||
| |||||||
1 | placed pursuant to Section 2-27 of this Act if (1) the | ||||||
2 | court has granted a supplemental petition to reinstate | ||||||
3 | wardship of the minor pursuant to subsection (2) of Section | ||||||
4 | 2-33, or (2) the court has adjudicated the minor a ward of | ||||||
5 | the court, permitted the minor to return home under an | ||||||
6 | order of protection, and subsequently made a finding that | ||||||
7 | it is in the minor's best interest to vacate the order of | ||||||
8 | protection and commit the minor to the Department of | ||||||
9 | Children and Family Services for care and service.
| ||||||
10 | (c) When the court awards guardianship to the | ||||||
11 | Department of Children and
Family Services, the court shall | ||||||
12 | order the parents to cooperate with the
Department of | ||||||
13 | Children and Family Services, comply with the terms of the
| ||||||
14 | service plans, and correct the conditions that require the | ||||||
15 | child to be in care,
or risk termination of their parental | ||||||
16 | rights.
| ||||||
17 | (2) Any order of disposition may provide for protective | ||||||
18 | supervision
under Section 2-24 and may include an order of | ||||||
19 | protection under Section 2-25.
| ||||||
20 | Unless the order of disposition expressly so provides, it | ||||||
21 | does
not operate to close proceedings on the pending petition, | ||||||
22 | but is subject
to modification, not inconsistent with Section | ||||||
23 | 2-28, until final closing and discharge of the proceedings | ||||||
24 | under
Section 2-31.
| ||||||
25 | (3) The court also shall enter any other orders necessary | ||||||
26 | to fulfill the
service plan, including, but not limited to, (i) |
| |||||||
| |||||||
1 | orders requiring parties to
cooperate with services, (ii) | ||||||
2 | restraining orders controlling the conduct of any
party likely | ||||||
3 | to frustrate the achievement of the goal, and (iii) visiting
| ||||||
4 | orders. Unless otherwise specifically authorized by law, the | ||||||
5 | court is not
empowered under this subsection (3) to order | ||||||
6 | specific placements, specific
services, or specific service
| ||||||
7 | providers to be included in the plan. If the court concludes | ||||||
8 | that the
Department of Children
and Family Services has abused | ||||||
9 | its discretion in setting the current service
plan or | ||||||
10 | permanency goal for the minor, the court shall enter specific
| ||||||
11 | findings in writing based on the evidence and shall enter an | ||||||
12 | order for the
Department to develop and implement a new | ||||||
13 | permanency goal and service plan
consistent with the court's | ||||||
14 | findings. The new service plan shall be filed with
the court | ||||||
15 | and served on all parties. The court shall continue
the matter | ||||||
16 | until the new service plan is filed.
| ||||||
17 | (4) In addition to any other order of disposition, the | ||||||
18 | court may order
any minor adjudicated neglected with respect to | ||||||
19 | his or her own injurious
behavior to make restitution, in | ||||||
20 | monetary or non-monetary form, under the
terms and conditions | ||||||
21 | of Section 5-5-6 of the Unified Code of Corrections,
except | ||||||
22 | that the "presentence hearing" referred to therein shall be the
| ||||||
23 | dispositional hearing for purposes of this Section. The parent, | ||||||
24 | guardian
or legal custodian of the minor may pay some or all of | ||||||
25 | such restitution on
the minor's behalf.
| ||||||
26 | (5) Any order for disposition where the minor is committed |
| |||||||
| |||||||
1 | or placed in
accordance with Section 2-27 shall provide for the | ||||||
2 | parents or guardian of
the estate of such minor to pay to the | ||||||
3 | legal custodian or guardian of the
person of the minor such | ||||||
4 | sums as are determined by the custodian or guardian
of the | ||||||
5 | person of the minor as necessary for the minor's needs. Such | ||||||
6 | payments
may not exceed the maximum amounts provided for by | ||||||
7 | Section 9.1 of the
Children and Family Services Act.
| ||||||
8 | (6) Whenever the order of disposition requires the minor to | ||||||
9 | attend
school or participate in a program of training, the | ||||||
10 | truant officer or
designated school official shall regularly | ||||||
11 | report to the court if the minor
is a chronic or habitual | ||||||
12 | truant under Section 26-2a of the School Code.
| ||||||
13 | (7) The court may terminate the parental rights of a parent | ||||||
14 | at the initial
dispositional hearing if all of the conditions | ||||||
15 | in subsection (5) of Section
2-21 are met.
| ||||||
16 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
17 | (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
| ||||||
18 | Sec. 2-27. Placement; legal custody or guardianship.
| ||||||
19 | (1) If the court determines and puts in writing the factual | ||||||
20 | basis supporting
the determination of whether the parents, | ||||||
21 | guardian, or legal custodian of a
minor adjudged a ward of the | ||||||
22 | court are unfit or are unable, for some reason
other than | ||||||
23 | financial circumstances alone, to care for, protect, train or
| ||||||
24 | discipline the minor or are unwilling to do so, and that the
| ||||||
25 | health, safety, and best
interest of the minor will be |
| |||||||
| |||||||
1 | jeopardized if the minor remains in the custody
of his or her | ||||||
2 | parents, guardian or
custodian, the court may at this hearing | ||||||
3 | and at any later point:
| ||||||
4 | (a) place the minor in the custody of a suitable | ||||||
5 | relative or other person
as
legal custodian or guardian;
| ||||||
6 | (a-5) with the approval of the Department of Children | ||||||
7 | and Family
Services, place the minor in the subsidized | ||||||
8 | guardianship of a suitable relative
or
other person as | ||||||
9 | legal guardian; "subsidized guardianship" means a private
| ||||||
10 | guardianship arrangement for children for whom the | ||||||
11 | permanency goals of return
home and adoption have been | ||||||
12 | ruled out and who meet the qualifications for
subsidized | ||||||
13 | guardianship as defined by the Department of Children and | ||||||
14 | Family
Services in administrative rules;
| ||||||
15 | (b) place the minor under the guardianship of a | ||||||
16 | probation officer;
| ||||||
17 | (c) commit the minor to an agency for care or | ||||||
18 | placement, except an
institution under the authority of the | ||||||
19 | Department of Corrections or of
the Department of Children | ||||||
20 | and Family Services;
| ||||||
21 | (d) commit the minor to the Department of Children and | ||||||
22 | Family Services for
care and service; however, a minor | ||||||
23 | charged with a criminal offense under the
Criminal Code of | ||||||
24 | 1961 or adjudicated delinquent shall not be placed in the
| ||||||
25 | custody of or committed to the Department of Children and | ||||||
26 | Family Services by
any court, except (i) a minor less than |
| |||||||
| |||||||
1 | 15 years of age and committed to the
Department of Children | ||||||
2 | and Family Services under Section 5-710 of this Act , (ii) | ||||||
3 | or a minor for whom an independent basis of abuse, neglect, | ||||||
4 | or dependency exists , or (iii) a minor for whom the court | ||||||
5 | has granted a supplemental petition to reinstate wardship | ||||||
6 | pursuant to subsection (2) of Section 2-33 of this Act . An | ||||||
7 | independent basis exists when the allegations or | ||||||
8 | adjudication of abuse, neglect, or dependency do not arise | ||||||
9 | from the same facts, incident, or circumstances which give | ||||||
10 | rise to a charge or adjudication of delinquency. The
| ||||||
11 | Department shall be given due notice of the pendency of the | ||||||
12 | action and the
Guardianship Administrator of the | ||||||
13 | Department of Children and Family Services
shall be | ||||||
14 | appointed guardian of the person of the minor. Whenever the | ||||||
15 | Department
seeks to discharge a minor from its care and | ||||||
16 | service, the Guardianship
Administrator shall petition the | ||||||
17 | court for an
order terminating guardianship. The | ||||||
18 | Guardianship Administrator may
designate one or more other | ||||||
19 | officers of the Department, appointed as
Department | ||||||
20 | officers by administrative order of the Department | ||||||
21 | Director,
authorized to affix the signature of the | ||||||
22 | Guardianship Administrator to
documents affecting the | ||||||
23 | guardian-ward relationship of children for whom
he or she | ||||||
24 | has been appointed guardian at such times as he or she is | ||||||
25 | unable to
perform
the duties of his or her office. The | ||||||
26 | signature authorization shall include but
not be limited to |
| |||||||
| |||||||
1 | matters of consent of marriage, enlistment in the
armed | ||||||
2 | forces, legal proceedings, adoption, major medical and | ||||||
3 | surgical
treatment and application for driver's license. | ||||||
4 | Signature authorizations
made pursuant to the provisions | ||||||
5 | of this paragraph shall be filed with
the Secretary of | ||||||
6 | State and the Secretary of State shall provide upon
payment | ||||||
7 | of the customary fee, certified copies of the authorization | ||||||
8 | to
any court or individual who requests a copy.
| ||||||
9 | (1.5) In making a determination under this Section, the | ||||||
10 | court shall also
consider
whether, based on health, safety, and | ||||||
11 | the best interests of the minor,
| ||||||
12 | (a) appropriate services aimed
at family preservation | ||||||
13 | and family reunification have been unsuccessful in
| ||||||
14 | rectifying the conditions that have led to a finding of | ||||||
15 | unfitness or inability
to care for, protect, train, or | ||||||
16 | discipline the minor, or
| ||||||
17 | (b) no family preservation or family reunification
| ||||||
18 | services would be appropriate,
| ||||||
19 | and if the petition or amended petition
contained an allegation | ||||||
20 | that the
parent is an unfit
person as defined in subdivision | ||||||
21 | (D) of Section 1 of the Adoption Act, and the
order of
| ||||||
22 | adjudication
recites that parental unfitness was established | ||||||
23 | by clear and convincing
evidence, the court
shall, when | ||||||
24 | appropriate and in the best interest of the minor, enter an
| ||||||
25 | order terminating parental rights and
appointing a guardian | ||||||
26 | with
power to
consent to adoption in accordance with Section |
| |||||||
| |||||||
1 | 2-29.
| ||||||
2 | When making a placement, the court, wherever possible, | ||||||
3 | shall
require the Department of Children and Family Services to | ||||||
4 | select a person
holding the same religious belief as that of | ||||||
5 | the minor or a private agency
controlled by persons of like | ||||||
6 | religious faith of the minor and shall require
the Department | ||||||
7 | to otherwise comply with Section 7 of the Children and Family
| ||||||
8 | Services Act in placing the child. In addition, whenever | ||||||
9 | alternative plans for
placement are available, the court shall | ||||||
10 | ascertain and consider, to the extent
appropriate in the | ||||||
11 | particular case, the views and preferences of the minor.
| ||||||
12 | (2) When a minor is placed with a suitable relative or | ||||||
13 | other
person pursuant to item (a) of subsection (1),
the court | ||||||
14 | shall appoint him or her the legal custodian or guardian of the
| ||||||
15 | person of the minor. When a minor is committed to any agency, | ||||||
16 | the court
shall appoint the proper officer or representative | ||||||
17 | thereof as legal
custodian or guardian of the person of the | ||||||
18 | minor. Legal custodians and
guardians of the person of the | ||||||
19 | minor have the respective rights and duties set
forth in | ||||||
20 | subsection (9) of Section 1-3 except as otherwise provided by | ||||||
21 | order
of court; but no guardian of the person may consent to | ||||||
22 | adoption of the
minor unless that authority is conferred upon | ||||||
23 | him or her in accordance with
Section 2-29. An agency whose | ||||||
24 | representative is appointed guardian of the
person or legal | ||||||
25 | custodian of the minor may place the minor in any child care
| ||||||
26 | facility, but the facility must be licensed under the Child |
| |||||||
| |||||||
1 | Care Act of
1969 or have been approved by the Department of | ||||||
2 | Children and Family Services
as meeting the standards | ||||||
3 | established for such licensing. No agency may
place a minor | ||||||
4 | adjudicated under Sections 2-3 or 2-4 in a child care facility
| ||||||
5 | unless the placement is in compliance with the rules and | ||||||
6 | regulations
for placement under this Section promulgated by the | ||||||
7 | Department of Children
and Family Services under Section 5 of | ||||||
8 | the Children and Family Services
Act. Like authority and | ||||||
9 | restrictions shall be conferred by the court upon
any probation | ||||||
10 | officer who has been appointed guardian of the person of a | ||||||
11 | minor.
| ||||||
12 | (3) No placement by any probation officer or agency whose | ||||||
13 | representative
is appointed guardian of the person or legal | ||||||
14 | custodian of a minor may be
made in any out of State child care | ||||||
15 | facility unless it complies with the
Interstate Compact on the | ||||||
16 | Placement of Children. Placement with a parent,
however, is not | ||||||
17 | subject to that Interstate Compact.
| ||||||
18 | (4) The clerk of the court shall issue to the legal | ||||||
19 | custodian or
guardian of the person a certified copy of the | ||||||
20 | order of court, as proof
of his authority. No other process is | ||||||
21 | necessary as authority for the
keeping of the minor.
| ||||||
22 | (5) Custody or guardianship granted under this Section | ||||||
23 | continues until
the court otherwise directs, but not after the | ||||||
24 | minor reaches the age
of 19 years except as set forth in | ||||||
25 | Section 2-31 , or if the minor was previously committed to the | ||||||
26 | Department of Children and Family Services for care and service |
| |||||||
| |||||||
1 | and the court has granted a supplemental petition to reinstate | ||||||
2 | wardship pursuant to subsection (2) of Section 2-33 .
| ||||||
3 | (6) (Blank).
| ||||||
4 | (Source: P.A. 95-642, eff. 6-1-08 .)
| ||||||
5 | (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
| ||||||
6 | Sec. 2-31. Duration of wardship and discharge of | ||||||
7 | proceedings.
| ||||||
8 | (1) All proceedings under this Act in respect of any minor | ||||||
9 | for whom a
petition was filed after the effective date of this | ||||||
10 | amendatory Act of 1991
automatically terminate upon his | ||||||
11 | attaining the age of 19 years, except that
a court may continue | ||||||
12 | the wardship of a minor until age 21 for good cause
when there | ||||||
13 | is satisfactory evidence presented to the court and the court
| ||||||
14 | makes written factual findings that the health, safety, and | ||||||
15 | best
interest of the minor and the public require the | ||||||
16 | continuation of the wardship.
| ||||||
17 | (2) Whenever the court determines, and makes written | ||||||
18 | factual findings, that
health, safety, and the best interests | ||||||
19 | of the minor and
the public no longer require the wardship of | ||||||
20 | the court, the court shall
order the wardship terminated and | ||||||
21 | all proceedings under this Act respecting
that minor finally | ||||||
22 | closed and discharged. The court may at the same time
continue | ||||||
23 | or terminate any custodianship or guardianship theretofore | ||||||
24 | ordered
but the termination must be made in compliance with | ||||||
25 | Section 2-28. When terminating wardship under this Section, if |
| |||||||
| |||||||
1 | the minor is over 18, or if wardship is terminated in | ||||||
2 | conjunction with an order partially or completely emancipating | ||||||
3 | the minor in accordance with the Emancipation of Minors Act, | ||||||
4 | the court shall also make specific findings of fact as to the | ||||||
5 | minor's wishes regarding case closure and the manner in which | ||||||
6 | the minor will maintain independence. The minor's lack of | ||||||
7 | cooperation with services provided by the Department of | ||||||
8 | Children and Family Services shall not by itself be considered | ||||||
9 | sufficient evidence that the minor is prepared to live | ||||||
10 | independently and that it is in the best interest of the minor | ||||||
11 | to terminate wardship.
| ||||||
12 | (3) The wardship of the minor and any custodianship or | ||||||
13 | guardianship
respecting the minor for whom a petition was filed | ||||||
14 | after the effective
date of this amendatory Act of 1991 | ||||||
15 | automatically terminates when he
attains the age of 19 years | ||||||
16 | except as set forth in subsection (1) of this
Section. The | ||||||
17 | clerk of the court shall at that time record all proceedings
| ||||||
18 | under this Act as finally closed and discharged for that | ||||||
19 | reason.
| ||||||
20 | (Source: P.A. 90-28, eff. 1-1-98; 90-608, eff. 6-30-98; 90-655, | ||||||
21 | eff.
7-30-98.)
| ||||||
22 | (705 ILCS 405/2-33)
| ||||||
23 | Sec. 2-33. Supplemental petition to reinstate wardship.
| ||||||
24 | (1) Any time prior to a minor's 18th birthday, pursuant to | ||||||
25 | a supplemental
petition filed under this Section, the court may |
| |||||||
| |||||||
1 | reinstate wardship and open a
previously closed case when:
| ||||||
2 | (a) wardship and guardianship under the Juvenile Court | ||||||
3 | Act of 1987 was
vacated in
conjunction with the appointment | ||||||
4 | of a private guardian under the Probate Act of
1975;
| ||||||
5 | (b) the minor is not presently a ward of the court | ||||||
6 | under Article II of
this Act nor is there a petition for | ||||||
7 | adjudication of wardship pending on behalf
of the minor; | ||||||
8 | and
| ||||||
9 | (c) it is in the minor's best interest that wardship be | ||||||
10 | reinstated.
| ||||||
11 | (2) Any time prior to a minor's 21st birthday, pursuant to | ||||||
12 | a supplemental petition filed under this Section, the court may | ||||||
13 | reinstate wardship and open a previously closed case when: | ||||||
14 | (a) wardship and guardianship under this Act was | ||||||
15 | vacated pursuant to: | ||||||
16 | (i) an order entered under subsection (2) of | ||||||
17 | Section 2-31 in the case of a minor over the age of 18; | ||||||
18 | (ii) closure of a case under subsection (2) of | ||||||
19 | Section 2-31 in the case of a minor under the age of 18 | ||||||
20 | who has been partially or completely emancipated in | ||||||
21 | accordance with the Emancipation of Minors Act; or | ||||||
22 | (iii) an order entered under subsection (3) of | ||||||
23 | Section 2-31 based on the minor's attaining the age of | ||||||
24 | 19 years; | ||||||
25 | (b) the minor is not presently a ward of the court | ||||||
26 | under Article II of this Act nor is there a petition for |
| |||||||
| |||||||
1 | adjudication of wardship pending on behalf of the minor; | ||||||
2 | and | ||||||
3 | (c) it is in the minor's best interest that wardship be | ||||||
4 | reinstated. | ||||||
5 | (3) The supplemental petition must be filed in the same | ||||||
6 | proceeding in which
the original adjudication order was | ||||||
7 | entered. Unless excused by court for good
cause shown, the | ||||||
8 | petitioner shall give notice of the time and place of the
| ||||||
9 | hearing on the supplemental petition, in person or by mail, to | ||||||
10 | the minor, if
the
minor is 14 years of age or older, and to the | ||||||
11 | parties to the juvenile court
proceeding.
Notice shall be | ||||||
12 | provided at least 3 court days in advance of the hearing
date.
| ||||||
13 | (4) A minor who is the subject of a petition to reinstate | ||||||
14 | wardship under this Section shall be provided with | ||||||
15 | representation in accordance with Sections 1-5 and 2-17 of this | ||||||
16 | Act. | ||||||
17 | (5) Whenever a minor is committed to the Department of | ||||||
18 | Children and Family Services for care and services following | ||||||
19 | the reinstatement of wardship under this Section, the | ||||||
20 | Department shall: | ||||||
21 | (a) Within 30 days of such commitment, prepare and file | ||||||
22 | with the court a case plan which complies with the federal | ||||||
23 | Adoption Assistance and Child Welfare Act of 1980 and is | ||||||
24 | consistent with the health, safety and best interests of | ||||||
25 | the minor; and | ||||||
26 | (b) Promptly refer the minor for such services as are |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | necessary and consistent with the minor's health, safety | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | and best interests. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (Source: P.A. 90-608, eff. 6-30-98.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section 99. Effective date. This Act takes effect January | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | 1, 2010.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||
|