Bill Text: IL HB4321 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Juvenile Court Act of 1987. Provides that any time prior to a minor's 18th birthday, under a supplemental petition, the court may reinstate wardship and open a previously closed case when: (1) wardship and guardianship under the Act was vacated in conjunction with the appointment of a private guardian under the Probate Act of 1975; or (2) the minor is not presently a ward of the court under the Act nor is there a petition for adjudication of wardship pending on behalf of the minor; and it is in the minor's best interest that wardship be reinstated. Provides that any time prior to a minor's 21st birthday, under a supplemental petition, the court may reinstate wardship and open a previously closed case when: (1) wardship and guardianship under the Act was vacated under an order by the court finding that the health, safety, and the best interests of the minor and the public no longer require the wardship of the court in the case of a minor over the age of 18; or (2) closure of a case where the court determined that the health, safety, and best interests of the minor and the public no longer require the warship of the court in the case of a minor under the age of 18 who has been partially or completely emancipated in accordance with the Emancipation of Minors Act; or (3) the wardship order terminated based on the minor's attaining the age of 19 years; or (4) the minor is not presently a ward of the court under the Act nor is there a petition for adjudication of wardship pending on behalf of the minor; and it is in the minor's best interest that wardship be reinstated.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB4321 Detail]
Download: Illinois-2017-HB4321-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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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 2-33 as follows:
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6 | (705 ILCS 405/2-33)
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7 | Sec. 2-33. Supplemental petition to reinstate wardship.
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8 | (1) Any time prior to a minor's 18th birthday, pursuant to | |||||||||||||||||||
9 | a supplemental
petition filed under this Section, the court may | |||||||||||||||||||
10 | reinstate wardship and open a
previously closed case when:
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11 | (a) wardship and guardianship under the Juvenile Court | |||||||||||||||||||
12 | Act of 1987 was
vacated in
conjunction with the appointment | |||||||||||||||||||
13 | of a private guardian under the Probate Act of
1975; or
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14 | (b) the minor is not presently a ward of the court | |||||||||||||||||||
15 | under Article II of
this Act nor is there a petition for | |||||||||||||||||||
16 | adjudication of wardship pending on behalf
of the minor; | |||||||||||||||||||
17 | and
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18 | (c) it is in the minor's best interest that wardship be | |||||||||||||||||||
19 | reinstated.
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20 | (2) Any time prior to a minor's 21st birthday, pursuant to | |||||||||||||||||||
21 | a supplemental petition filed under this Section, the court may | |||||||||||||||||||
22 | reinstate wardship and open a previously closed case when: | |||||||||||||||||||
23 | (a) wardship and guardianship under this Act was |
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1 | vacated pursuant to: | ||||||
2 | (i) an order entered under subsection (2) of | ||||||
3 | Section 2-31 in the case of a minor over the age of 18; | ||||||
4 | or | ||||||
5 | (ii) closure of a case under subsection (2) of | ||||||
6 | Section 2-31 in the case of a minor under the age of 18 | ||||||
7 | who has been partially or completely emancipated in | ||||||
8 | accordance with the Emancipation of Minors Act; or | ||||||
9 | (iii) an order entered under subsection (3) of | ||||||
10 | Section 2-31 based on the minor's attaining the age of | ||||||
11 | 19 years; or | ||||||
12 | (b) the minor is not presently a ward of the court | ||||||
13 | under Article II of this Act nor is there a petition for | ||||||
14 | adjudication of wardship pending on behalf of the minor; | ||||||
15 | and | ||||||
16 | (c) it is in the minor's best interest that wardship be | ||||||
17 | reinstated. | ||||||
18 | (3) The supplemental petition must be filed in the same | ||||||
19 | proceeding in which
the original adjudication order was | ||||||
20 | entered. Unless excused by court for good
cause shown, the | ||||||
21 | petitioner shall give notice of the time and place of the
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22 | hearing on the supplemental petition, in person or by mail, to | ||||||
23 | the minor, if
the
minor is 14 years of age or older, and to the | ||||||
24 | parties to the juvenile court
proceeding.
Notice shall be | ||||||
25 | provided at least 3 court days in advance of the hearing
date.
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26 | (4) A minor who is the subject of a petition to reinstate |
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1 | wardship under this Section shall be provided with | ||||||
2 | representation in accordance with Sections 1-5 and 2-17 of this | ||||||
3 | Act. | ||||||
4 | (5) Whenever a minor is committed to the Department of | ||||||
5 | Children and Family Services for care and services following | ||||||
6 | the reinstatement of wardship under this Section, the | ||||||
7 | Department shall: | ||||||
8 | (a) Within 30 days of such commitment, prepare and file | ||||||
9 | with the court a case plan which complies with the federal | ||||||
10 | Adoption Assistance and Child Welfare Act of 1980 and is | ||||||
11 | consistent with the health, safety and best interests of | ||||||
12 | the minor; and | ||||||
13 | (b) Promptly refer the minor for such services as are | ||||||
14 | necessary and consistent with the minor's health, safety | ||||||
15 | and best interests. | ||||||
16 | (Source: P.A. 96-581, eff. 1-1-10.)
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