Bill Text: IL SB1639 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Juvenile Court Act of 1987. Provides a statutory form for a petition for adjudication of wardship. Deletes language prohibiting the court from ordering specific placements, specific services, or the use of specific service providers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-08 - Referred to Assignments [SB1639 Detail]

Download: Illinois-2023-SB1639-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1639 Introduced 2/8/2023, by Sen. Tom Bennett SYNOPSIS AS INTRODUCED:
705 ILCS 405/2-13 from Ch. 37, par. 802-13
705 ILCS 405/2-23 from Ch. 37, par. 802-23
705 ILCS 405/2-28 from Ch. 37, par. 802-28
Amends the Juvenile Court Act of 1987. Provides a statutory form for a petition for adjudication of wardship. Deletes language prohibiting the court from ordering specific placements, specific services, or the use of specific service providers.
LRB103 27201 RLC 53571 b
A BILL FOR
SB1639 LRB103 27201 RLC 53571 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 2-13, 2-23, and 2-28 as follows:
(705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
Sec. 2-13. Petition.
(1) Any adult person, any agency or association by its
representative may file, or the court on its own motion,
consistent with the health, safety and best interests of the
minor may direct the filing through the State's Attorney of a
petition in respect of a minor under this Act. The petition and
all subsequent court documents shall be entitled "In the
interest of ...., a minor".
(2) The petition shall be verified but the statements may
be made upon information and belief. It shall allege that the
minor is abused, neglected, or dependent, with citations to
the appropriate provisions of this Act, and set forth (a)
facts sufficient to bring the minor under Section 2-3 or 2-4
and to inform respondents of the cause of action, including,
but not limited to, a plain and concise statement of the
factual allegations that form the basis for the filing of the
petition; (b) the name, age and residence of the minor; (c) the

SB1639 - 2 - LRB103 27201 RLC 53571 b
names and residences of his parents; (d) the name and
residence of his legal guardian or the person or persons
having custody or control of the minor, or of the nearest known
relative if no parent or guardian can be found; and (e) if the
minor upon whose behalf the petition is brought is sheltered
in custody, the date on which such temporary custody was
ordered by the court or the date set for a temporary custody
hearing. If any of the facts herein required are not known by
the petitioner, the petition shall so state.
(3) The petition must allege that it is in the best
interests of the minor and of the public that he be adjudged a
ward of the court and may pray generally for relief available
under this Act. The petition need not specify any proposed
disposition following adjudication of wardship. The petition
may request that the minor remain in the custody of the parent,
guardian, or custodian under an Order of Protection. The
petition shall be substantially in the following form:
PETITION FOR ADJUDICATION OF WARDSHIP
Now comes ............., petitioner, and petitions this
court to adjudicate ................................ a ward of
the court. In support, the petitioner, on oath or affirmation,
based on information or belief states as follows:
(1) ............. is a (male/female) minor born on
................., ........., who resides or may be found
in this County at .......................................
(2) The names and residence addresses of the minor's

SB1639 - 3 - LRB103 27201 RLC 53571 b
parents, legal guardian, and/or custodian are:
Name and Place of City/
Relationship Residence State/Zip
.............................................................
.............................................................
.............................................................
The minor and the persons named in (1) and (2) are designated
respondents.
(3) The minor was
( ) not taken into protective custody.
( ) taken into protective custody on ..............,
........ at ...........(a.m./p.m.).
( ) (4) A temporary custody hearing has been set for
.............., ........ at ...........(a.m./p.m.).
( ) (5) The minor was neglected pursuant to the following
Section or Sections of the Juvenile Court Act of 1987:
( ) 2-3(1)(a), (lack of care), the facts supporting this
are:
.............................................................
.............................................................
( ) 2-3(1)(b), (injurious environment), the facts
supporting this are:
.............................................................

SB1639 - 4 - LRB103 27201 RLC 53571 b
.............................................................
( ) 2-3(1)(c), (drug-exposed infant), the facts supporting
this are:
.............................................................
.............................................................
( ) (6) The minor was abused pursuant to the following Section
or Sections of the Juvenile Court Act of 1987:
( ) 2-3(2)(i), (physical abuse), the facts supporting this
are:
.............................................................
.............................................................
( ) 2-3(2)(ii), (substantial risk/physical injury), the
facts supporting this are:
.............................................................
.............................................................
( ) 2-3(2)(iii), (sexual abuse), the facts supporting this
are:
.............................................................
.............................................................
( ) 2-3(2)(iv), (torture), the facts supporting this are:
.............................................................
.............................................................
( ) 2-3(2)(v), (excessive corporal punishment), the facts
supporting this are:
.............................................................

SB1639 - 5 - LRB103 27201 RLC 53571 b
.............................................................
( ) (7) The minor is dependent pursuant to Section 2-4 of the
Juvenile Court Act of 1987, the facts supporting this are:
.............................................................
.............................................................
(8) It is in the best interests of the minor and the public
that the minor be adjudged a ward of the court.
WHEREFORE, the petitioner asks that the minor be adjudged
a ward of the court and that the court enter such orders as are
in the best interests of the minor and grant other relief under
the Juvenile Court Act of 1987.
......................
Petitioner (Signature)
(4) If termination of parental rights and appointment of a
guardian of the person with power to consent to adoption of the
minor under Section 2-29 is sought, the petition shall so
state. If the petition includes this request, the prayer for
relief shall clearly and obviously state that the parents
could permanently lose their rights as a parent at this
hearing.
In addition to the foregoing, the petitioner, by motion,
may request the termination of parental rights and appointment

SB1639 - 6 - LRB103 27201 RLC 53571 b
of a guardian of the person with power to consent to adoption
of the minor under Section 2-29 at any time after the entry of
a dispositional order under Section 2-22.
(4.5) (a) Unless good cause exists that filing a petition
to terminate parental rights is contrary to the child's best
interests, with respect to any minors committed to its care
pursuant to this Act, the Department of Children and Family
Services shall request the State's Attorney to file a petition
or motion for termination of parental rights and appointment
of guardian of the person with power to consent to adoption of
the minor under Section 2-29 if:
(i) a minor has been in foster care, as described in
subsection (b), for 15 months of the most recent 22
months; or
(ii) a minor under the age of 2 years has been
previously determined to be abandoned at an adjudicatory
hearing; or
(iii) the parent is criminally convicted of:
(A) first degree murder or second degree murder of
any child;
(B) attempt or conspiracy to commit first degree
murder or second degree murder of any child;
(C) solicitation to commit murder of any child,
solicitation to commit murder for hire of any child,
or solicitation to commit second degree murder of any
child;

SB1639 - 7 - LRB103 27201 RLC 53571 b
(D) aggravated battery, aggravated battery of a
child, or felony domestic battery, any of which has
resulted in serious injury to the minor or a sibling of
the minor;
(E) predatory criminal sexual assault of a child;
(E-5) aggravated criminal sexual assault;
(E-10) criminal sexual abuse in violation of
subsection (a) of Section 11-1.50 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(E-15) sexual exploitation of a child;
(E-20) permitting sexual abuse of a child;
(E-25) criminal sexual assault; or
(F) an offense in any other state the elements of
which are similar and bear a substantial relationship
to any of the foregoing offenses.
(a-1) For purposes of this subsection (4.5), good cause
exists in the following circumstances:
(i) the child is being cared for by a relative,
(ii) the Department has documented in the case plan a
compelling reason for determining that filing such
petition would not be in the best interests of the child,
(iii) the court has found within the preceding 12
months that the Department has failed to make reasonable
efforts to reunify the child and family, or
(iv) the parent is incarcerated, or the parent's prior
incarceration is a significant factor in why the child has

SB1639 - 8 - LRB103 27201 RLC 53571 b
been in foster care for 15 months out of any 22-month
period, the parent maintains a meaningful role in the
child's life, and the Department has not documented
another reason why it would otherwise be appropriate to
file a petition to terminate parental rights pursuant to
this Section and the Adoption Act. The assessment of
whether an incarcerated parent maintains a meaningful role
in the child's life may include consideration of the
following:
(A) the child's best interest;
(B) the parent's expressions or acts of
manifesting concern for the child, such as letters,
telephone calls, visits, and other forms of
communication with the child and the impact of the
communication on the child;
(C) the parent's efforts to communicate with and
work with the Department for the purpose of complying
with the service plan and repairing, maintaining, or
building the parent-child relationship; or
(D) limitations in the parent's access to family
support programs, therapeutic services, visiting
opportunities, telephone and mail services, and
meaningful participation in court proceedings.
(b) For purposes of this subsection, the date of entering
foster care is defined as the earlier of:
(1) The date of a judicial finding at an adjudicatory

SB1639 - 9 - LRB103 27201 RLC 53571 b
hearing that the child is an abused, neglected, or
dependent minor; or
(2) 60 days after the date on which the child is
removed from his or her parent, guardian, or legal
custodian.
(c) (Blank).
(d) (Blank).
(5) The court shall liberally allow the petitioner to
amend the petition to set forth a cause of action or to add,
amend, or supplement factual allegations that form the basis
for a cause of action up until 14 days before the adjudicatory
hearing. The petitioner may amend the petition after that date
and prior to the adjudicatory hearing if the court grants
leave to amend upon a showing of good cause. The court may
allow amendment of the petition to conform with the evidence
at any time prior to ruling. In all cases in which the court
has granted leave to amend based on new evidence or new
allegations, the court shall permit the respondent an adequate
opportunity to prepare a defense to the amended petition.
(6) At any time before dismissal of the petition or before
final closing and discharge under Section 2-31, one or more
motions in the best interests of the minor may be filed. The
motion shall specify sufficient facts in support of the relief
requested.
(Source: P.A. 101-529, eff. 1-1-20.)

SB1639 - 10 - LRB103 27201 RLC 53571 b
(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
Sec. 2-23. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be
made in respect of wards of the court:
(a) A minor found to be neglected or abused under
Section 2-3 or dependent under Section 2-4 may be (1)
continued in the custody of his or her parents, guardian
or legal custodian; (2) placed in accordance with Section
2-27; (3) restored to the custody of the parent, parents,
guardian, or legal custodian, provided the court shall
order the parent, parents, guardian, or legal custodian to
cooperate with the Department of Children and Family
Services and comply with the terms of an after-care plan
or risk the loss of custody of the child and the possible
termination of their parental rights; or (4) ordered
partially or completely emancipated in accordance with the
provisions of the Emancipation of Minors Act.
If the minor is being restored to the custody of a
parent, legal custodian, or guardian who lives outside of
Illinois, and an Interstate Compact has been requested and
refused, the court may order the Department of Children
and Family Services to arrange for an assessment of the
minor's proposed living arrangement and for ongoing
monitoring of the health, safety, and best interest of the
minor and compliance with any order of protective
supervision entered in accordance with Section 2-24.

SB1639 - 11 - LRB103 27201 RLC 53571 b
However, in any case in which a minor is found by the
court to be neglected or abused under Section 2-3 of this
Act, custody of the minor shall not be restored to any
parent, guardian or legal custodian whose acts or
omissions or both have been identified, pursuant to
subsection (1) of Section 2-21, as forming the basis for
the court's finding of abuse or neglect, until such time
as a hearing is held on the issue of the best interests of
the minor and the fitness of such parent, guardian or
legal custodian to care for the minor without endangering
the minor's health or safety, and the court enters an
order that such parent, guardian or legal custodian is fit
to care for the minor.
(b) A minor found to be dependent under Section 2-4
may be (1) placed in accordance with Section 2-27 or (2)
ordered partially or completely emancipated in accordance
with the provisions of the Emancipation of Minors Act.
However, in any case in which a minor is found by the
court to be dependent under Section 2-4 of this Act,
custody of the minor shall not be restored to any parent,
guardian or legal custodian whose acts or omissions or
both have been identified, pursuant to subsection (1) of
Section 2-21, as forming the basis for the court's finding
of dependency, until such time as a hearing is held on the
issue of the fitness of such parent, guardian or legal
custodian to care for the minor without endangering the

SB1639 - 12 - LRB103 27201 RLC 53571 b
minor's health or safety, and the court enters an order
that such parent, guardian or legal custodian is fit to
care for the minor.
(b-1) A minor between the ages of 18 and 21 may be
placed pursuant to Section 2-27 of this Act if (1) the
court has granted a supplemental petition to reinstate
wardship of the minor pursuant to subsection (2) of
Section 2-33, (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, or (3) the court returned the minor to the
custody of the respondent under Section 2-4b of this Act
without terminating the proceedings under Section 2-31 of
this Act, and subsequently made a finding that it is in the
minor's best interest to commit the minor to the
Department of Children and Family Services for care and
services.
(c) When the court awards guardianship to the
Department of Children and Family Services, the court
shall order the parents to cooperate with the Department
of Children and Family Services, comply with the terms of
the service plans, and correct the conditions that require
the child to be in care, or risk termination of their

SB1639 - 13 - LRB103 27201 RLC 53571 b
parental rights.
(2) Any order of disposition may provide for protective
supervision under Section 2-24 and may include an order of
protection under Section 2-25.
Unless the order of disposition expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification, not inconsistent with Section
2-28, until final closing and discharge of the proceedings
under Section 2-31.
(3) The court also shall enter any other orders necessary
to fulfill the service plan, including, but not limited to,
(i) orders requiring parties to cooperate with services, (ii)
restraining orders controlling the conduct of any party likely
to frustrate the achievement of the goal, and (iii) visiting
orders. When the child is placed separately from a sibling,
the court shall review the Sibling Contact Support Plan
developed under subsection (f) of Section 7.4 of the Children
and Family Services Act, if applicable. If the Department has
not convened a meeting to develop a Sibling Contact Support
Plan, or if the court finds that the existing Plan is not in
the child's best interest, the court may enter an order
requiring the Department to develop and implement a Sibling
Contact Support Plan under subsection (f) of Section 7.4 of
the Children and Family Services Act or order mediation.
Unless otherwise specifically authorized by law, the court is
not empowered under this subsection (3) to order specific

SB1639 - 14 - LRB103 27201 RLC 53571 b
placements, specific services, or specific service providers
to be included in the plan. If, after receiving evidence, the
court determines that the services contained in the plan are
not reasonably calculated to facilitate achievement of the
permanency goal, the court shall put in writing the factual
basis supporting the determination and enter specific findings
based on the evidence. The court also shall enter an order for
the Department to develop and implement a new service plan or
to implement changes to the current service plan consistent
with the court's findings. The new service plan shall be filed
with the court and served on all parties within 45 days after
the date of the order. The court shall continue the matter
until the new service plan is filed. Except as authorized by
subsection (3.5) of this Section or authorized by law, the
court is not empowered under this Section to order specific
placements, specific services, or specific service providers
to be included in the service plan.
(3.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate
to facilitate achievement of the permanency goal, the court
shall put in writing the factual basis supporting its
determination and enter specific findings based on the
evidence. If the court finds that the minor's current or
planned placement is not necessary or appropriate, the court
may enter an order directing the Department to implement a

SB1639 - 15 - LRB103 27201 RLC 53571 b
recommendation by the minor's treating clinician or a
clinician contracted by the Department to evaluate the minor
or a recommendation made by the Department. If the Department
places a minor in a placement under an order entered under this
subsection (3.5), the Department has the authority to remove
the minor from that placement when a change in circumstances
necessitates the removal to protect the minor's health,
safety, and best interest. If the Department determines
removal is necessary, the Department shall notify the parties
of the planned placement change in writing no later than 10
days prior to the implementation of its determination unless
remaining in the placement poses an imminent risk of harm to
the minor, in which case the Department shall notify the
parties of the placement change in writing immediately
following the implementation of its decision. The Department
shall notify others of the decision to change the minor's
placement as required by Department rule.
(4) In addition to any other order of disposition, the
court may order any minor adjudicated neglected with respect
to his or her own injurious behavior to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentence hearing" referred to therein shall be
the dispositional hearing for purposes of this Section. The
parent, guardian or legal custodian of the minor may pay some
or all of such restitution on the minor's behalf.

SB1639 - 16 - LRB103 27201 RLC 53571 b
(5) Any order for disposition where the minor is committed
or placed in accordance with Section 2-27 shall provide for
the parents or guardian of the estate of such minor to pay to
the legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. Such
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) The court may terminate the parental rights of a
parent at the initial dispositional hearing if all of the
conditions in subsection (5) of Section 2-21 are met.
(Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.)
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian
of the person appointed under this Act to report periodically
to the court or may cite him into court and require him or his
agency, to make a full and accurate report of his or its doings
in behalf of the minor. The custodian or guardian, within 10
days after such citation, or earlier if the court determines

SB1639 - 17 - LRB103 27201 RLC 53571 b
it to be necessary to protect the health, safety, or welfare of
the minor, shall make the report, either in writing verified
by affidavit or orally under oath in open court, or otherwise
as the court directs. Upon the hearing of the report the court
may remove the custodian or guardian and appoint another in
his stead or restore the minor to the custody of his parents or
former guardian or custodian. However, custody of the minor
shall not be restored to any parent, guardian, or legal
custodian in any case in which the minor is found to be
neglected or abused under Section 2-3 or dependent under
Section 2-4 of this Act, unless the minor can be cared for at
home without endangering the minor's health or safety and it
is in the best interests of the minor, and if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of this Act to have come about due to the acts
or omissions or both of such parent, guardian, or legal
custodian, until such time as an investigation is made as
provided in paragraph (5) and a hearing is held on the issue of
the fitness of such parent, guardian, or legal custodian to
care for the minor and the court enters an order that such
parent, guardian, or legal custodian is fit to care for the
minor.
(1.5) The public agency that is the custodian or guardian
of the minor shall file a written report with the court no
later than 15 days after a minor in the agency's care remains:
(1) in a shelter placement beyond 30 days;

SB1639 - 18 - LRB103 27201 RLC 53571 b
(2) in a psychiatric hospital past the time when the
minor is clinically ready for discharge or beyond medical
necessity for the minor's health; or
(3) in a detention center or Department of Juvenile
Justice facility solely because the public agency cannot
find an appropriate placement for the minor.
The report shall explain the steps the agency is taking to
ensure the minor is placed appropriately, how the minor's
needs are being met in the minor's shelter placement, and if a
future placement has been identified by the Department, why
the anticipated placement is appropriate for the needs of the
minor and the anticipated placement date.
(1.6) Within 35 days after placing a child in its care in a
qualified residential treatment program, as defined by the
federal Social Security Act, the Department of Children and
Family Services shall file a written report with the court and
send copies of the report to all parties. Within 20 days of the
filing of the report, the court shall hold a hearing to
consider the Department's report and determine whether
placement of the child in a qualified residential treatment
program provides the most effective and appropriate level of
care for the child in the least restrictive environment and if
the placement is consistent with the short-term and long-term
goals for the child, as specified in the permanency plan for
the child. The court shall approve or disapprove the
placement. If applicable, the requirements of Sections 2-27.1

SB1639 - 19 - LRB103 27201 RLC 53571 b
and 2-27.2 must also be met. The Department's written report
and the court's written determination shall be included in and
made part of the case plan for the child. If the child remains
placed in a qualified residential treatment program, the
Department shall submit evidence at each status and permanency
hearing:
(1) demonstrating that on-going assessment of the
strengths and needs of the child continues to support the
determination that the child's needs cannot be met through
placement in a foster family home, that the placement
provides the most effective and appropriate level of care
for the child in the least restrictive, appropriate
environment, and that the placement is consistent with the
short-term and long-term permanency goal for the child, as
specified in the permanency plan for the child;
(2) documenting the specific treatment or service
needs that should be met for the child in the placement and
the length of time the child is expected to need the
treatment or services; and
(3) the efforts made by the agency to prepare the
child to return home or to be placed with a fit and willing
relative, a legal guardian, or an adoptive parent, or in a
foster family home.
(2) The first permanency hearing shall be conducted by the
judge. Subsequent permanency hearings may be heard by a judge
or by hearing officers appointed or approved by the court in

SB1639 - 20 - LRB103 27201 RLC 53571 b
the manner set forth in Section 2-28.1 of this Act. The initial
hearing shall be held (a) within 12 months from the date
temporary custody was taken, regardless of whether an
adjudication or dispositional hearing has been completed
within that time frame, (b) if the parental rights of both
parents have been terminated in accordance with the procedure
described in subsection (5) of Section 2-21, within 30 days of
the order for termination of parental rights and appointment
of a guardian with power to consent to adoption, or (c) in
accordance with subsection (2) of Section 2-13.1. Subsequent
permanency hearings shall be held every 6 months or more
frequently if necessary in the court's determination following
the initial permanency hearing, in accordance with the
standards set forth in this Section, until the court
determines that the plan and goal have been achieved. Once the
plan and goal have been achieved, if the minor remains in
substitute care, the case shall be reviewed at least every 6
months thereafter, subject to the provisions of this Section,
unless the minor is placed in the guardianship of a suitable
relative or other person and the court determines that further
monitoring by the court does not further the health, safety,
or best interest of the child and that this is a stable
permanent placement. The permanency hearings must occur within
the time frames set forth in this subsection and may not be
delayed in anticipation of a report from any source or due to
the agency's failure to timely file its written report (this

SB1639 - 21 - LRB103 27201 RLC 53571 b
written report means the one required under the next paragraph
and does not mean the service plan also referred to in that
paragraph).
The public agency that is the custodian or guardian of the
minor, or another agency responsible for the minor's care,
shall ensure that all parties to the permanency hearings are
provided a copy of the most recent service plan prepared
within the prior 6 months at least 14 days in advance of the
hearing. If not contained in the agency's service plan, the
agency shall also include a report setting forth (i) any
special physical, psychological, educational, medical,
emotional, or other needs of the minor or his or her family
that are relevant to a permanency or placement determination
and (ii) for any minor age 16 or over, a written description of
the programs and services that will enable the minor to
prepare for independent living. If not contained in the
agency's service plan, the agency's report shall specify if a
minor is placed in a licensed child care facility under a
corrective plan by the Department due to concerns impacting
the minor's safety and well-being. The report shall explain
the steps the Department is taking to ensure the safety and
well-being of the minor and that the minor's needs are met in
the facility. The agency's written report must detail what
progress or lack of progress the parent has made in correcting
the conditions requiring the child to be in care; whether the
child can be returned home without jeopardizing the child's

SB1639 - 22 - LRB103 27201 RLC 53571 b
health, safety, and welfare, and if not, what permanency goal
is recommended to be in the best interests of the child, and
why the other permanency goals are not appropriate. The
caseworker must appear and testify at the permanency hearing.
If a permanency hearing has not previously been scheduled by
the court, the moving party shall move for the setting of a
permanency hearing and the entry of an order within the time
frames set forth in this subsection.
At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific date
within 5 months.
(B) The minor will be in short-term care with a
continued goal to return home within a period not to
exceed one year, where the progress of the parent or
parents is substantial giving particular consideration to
the age and individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made reasonable
efforts or reasonable progress to date, the court shall
identify what actions the parent and the Department must
take in order to justify a finding of reasonable efforts
or reasonable progress and shall set a status hearing to
be held not earlier than 9 months from the date of

SB1639 - 23 - LRB103 27201 RLC 53571 b
adjudication nor later than 11 months from the date of
adjudication during which the parent's progress will again
be reviewed.
(C) The minor will be in substitute care pending court
determination on termination of parental rights.
(D) Adoption, provided that parental rights have been
terminated or relinquished.
(E) The guardianship of the minor will be transferred
to an individual or couple on a permanent basis provided
that goals (A) through (D) have been deemed inappropriate
and not in the child's best interests. The court shall
confirm that the Department has discussed adoption, if
appropriate, and guardianship with the caregiver prior to
changing a goal to guardianship.
(F) The minor over age 15 will be in substitute care
pending independence. In selecting this permanency goal,
the Department of Children and Family Services may provide
services to enable reunification and to strengthen the
minor's connections with family, fictive kin, and other
responsible adults, provided the services are in the
minor's best interest. The services shall be documented in
the service plan.
(G) The minor will be in substitute care because he or
she cannot be provided for in a home environment due to
developmental disabilities or mental illness or because he
or she is a danger to self or others, provided that goals

SB1639 - 24 - LRB103 27201 RLC 53571 b
(A) through (D) have been deemed inappropriate and not in
the child's best interests.
In selecting any permanency goal, the court shall indicate
in writing the reasons the goal was selected and why the
preceding goals were deemed inappropriate and not in the
child's best interest. Where the court has selected a
permanency goal other than (A), (B), or (B-1), the Department
of Children and Family Services shall not provide further
reunification services, except as provided in paragraph (F) of
this subsection (2), but shall provide services consistent
with the goal selected.
(H) Notwithstanding any other provision in this
Section, the court may select the goal of continuing
foster care as a permanency goal if:
(1) The Department of Children and Family Services
has custody and guardianship of the minor;
(2) The court has deemed all other permanency
goals inappropriate based on the child's best
interest;
(3) The court has found compelling reasons, based
on written documentation reviewed by the court, to
place the minor in continuing foster care. Compelling
reasons include:
(a) the child does not wish to be adopted or to
be placed in the guardianship of his or her
relative or foster care placement;

SB1639 - 25 - LRB103 27201 RLC 53571 b
(b) the child exhibits an extreme level of
need such that the removal of the child from his or
her placement would be detrimental to the child;
or
(c) the child who is the subject of the
permanency hearing has existing close and strong
bonds with a sibling, and achievement of another
permanency goal would substantially interfere with
the subject child's sibling relationship, taking
into consideration the nature and extent of the
relationship, and whether ongoing contact is in
the subject child's best interest, including
long-term emotional interest, as compared with the
legal and emotional benefit of permanence;
(4) The child has lived with the relative or
foster parent for at least one year; and
(5) The relative or foster parent currently caring
for the child is willing and capable of providing the
child with a stable and permanent environment.
The court shall set a permanency goal that is in the best
interest of the child. In determining that goal, the court
shall consult with the minor in an age-appropriate manner
regarding the proposed permanency or transition plan for the
minor. The court's determination shall include the following
factors:
(1) Age of the child.

SB1639 - 26 - LRB103 27201 RLC 53571 b
(2) Options available for permanence, including both
out-of-state and in-state placement options.
(3) Current placement of the child and the intent of
the family regarding adoption.
(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and whether
or not the services were successful and, if not
successful, the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal contained
in the service plan, (ii) the appropriateness of the services
contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by
all the parties to the service plan to achieve the goal, and
(iv) whether the plan and goal have been achieved. All
evidence relevant to determining these questions, including
oral and written reports, may be admitted and may be relied on
to the extent of their probative value.
The court shall make findings as to whether, in violation
of Section 8.2 of the Abused and Neglected Child Reporting
Act, any portion of the service plan compels a child or parent
to engage in any activity or refrain from any activity that is
not reasonably related to remedying a condition or conditions

SB1639 - 27 - LRB103 27201 RLC 53571 b
that gave rise or which could give rise to any finding of child
abuse or neglect. The services contained in the service plan
shall include services reasonably related to remedy the
conditions that gave rise to removal of the child from the home
of his or her parents, guardian, or legal custodian or that the
court has found must be remedied prior to returning the child
home. Any tasks the court requires of the parents, guardian,
or legal custodian or child prior to returning the child home,
must be reasonably related to remedying a condition or
conditions that gave rise to or which could give rise to any
finding of child abuse or neglect.
If the permanency goal is to return home, the court shall
make findings that identify any problems that are causing
continued placement of the children away from the home and
identify what outcomes would be considered a resolution to
these problems. The court shall explain to the parents that
these findings are based on the information that the court has
at that time and may be revised, should additional evidence be
presented to the court.
The court shall review the Sibling Contact Support Plan
developed or modified under subsection (f) of Section 7.4 of
the Children and Family Services Act, if applicable. If the
Department has not convened a meeting to develop or modify a
Sibling Contact Support Plan, or if the court finds that the
existing Plan is not in the child's best interest, the court
may enter an order requiring the Department to develop,

SB1639 - 28 - LRB103 27201 RLC 53571 b
modify, or implement a Sibling Contact Support Plan, or order
mediation.
If the goal has been achieved, the court shall enter
orders that are necessary to conform the minor's legal custody
and status to those findings.
If, after receiving evidence, the court determines that
the services contained in the plan are not reasonably
calculated to facilitate achievement of the permanency goal,
the court shall put in writing the factual basis supporting
the determination and enter specific findings based on the
evidence. The court also shall enter an order for the
Department to develop and implement a new service plan or to
implement changes to the current service plan consistent with
the court's findings. The new service plan shall be filed with
the court and served on all parties within 45 days of the date
of the order. The court shall continue the matter until the new
service plan is filed. Except as authorized by subsection
(2.5) of this Section and as otherwise specifically authorized
by law, the court is not empowered under this Section to order
specific placements, specific services, or specific service
providers to be included in the service plan.
A guardian or custodian appointed by the court pursuant to
this Act shall file updated case plans with the court every 6
months.
Rights of wards of the court under this Act are
enforceable against any public agency by complaints for relief

SB1639 - 29 - LRB103 27201 RLC 53571 b
by mandamus filed in any proceedings brought under this Act.
(2.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate
to facilitate achievement of the permanency goal, the court
shall put in writing the factual basis supporting its
determination and enter specific findings based on the
evidence. If the court finds that the minor's current or
planned placement is not necessary or appropriate, the court
may enter an order directing the Department to implement a
recommendation by the minor's treating clinician or a
clinician contracted by the Department to evaluate the minor
or a recommendation made by the Department. If the Department
places a minor in a placement under an order entered under this
subsection (2.5), the Department has the authority to remove
the minor from that placement when a change in circumstances
necessitates the removal to protect the minor's health,
safety, and best interest. If the Department determines
removal is necessary, the Department shall notify the parties
of the planned placement change in writing no later than 10
days prior to the implementation of its determination unless
remaining in the placement poses an imminent risk of harm to
the minor, in which case the Department shall notify the
parties of the placement change in writing immediately
following the implementation of its decision. The Department
shall notify others of the decision to change the minor's

SB1639 - 30 - LRB103 27201 RLC 53571 b
placement as required by Department rule.
(3) Following the permanency hearing, the court shall
enter a written order that includes the determinations
required under subsection (2) of this Section and sets forth
the following:
(a) The future status of the minor, including the
permanency goal, and any order necessary to conform the
minor's legal custody and status to such determination; or
(b) If the permanency goal of the minor cannot be
achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short-term short term
placement, and the following determinations:
(i) (Blank).
(ii) Whether the services required by the court
and by any service plan prepared within the prior 6
months have been provided and (A) if so, whether the
services were reasonably calculated to facilitate the
achievement of the permanency goal or (B) if not
provided, why the services were not provided.
(iii) Whether the minor's current or planned
placement is necessary, and appropriate to the plan
and goal, recognizing the right of minors to the least
restrictive (most family-like) setting available and
in close proximity to the parents' home consistent
with the health, safety, best interest, and special

SB1639 - 31 - LRB103 27201 RLC 53571 b
needs of the minor and, if the minor is placed
out-of-state, whether the out-of-state placement
continues to be appropriate and consistent with the
health, safety, and best interest of the minor.
(iv) (Blank).
(v) (Blank).
(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for
the restoration of the minor to the custody of his parents or
former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current foster
parent or relative caregiver seeking private guardianship
may file a motion for private guardianship of the minor.
Appointment of a guardian under this Section requires
approval of the court.
(b) The State's Attorney may file a motion to
terminate parental rights of any parent who has failed to
make reasonable efforts to correct the conditions which
led to the removal of the child or reasonable progress
toward the return of the child, as defined in subdivision
(D)(m) of Section 1 of the Adoption Act or for whom any
other unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption
Act exists.

SB1639 - 32 - LRB103 27201 RLC 53571 b
When parental rights have been terminated for a
minimum of 3 years and the child who is the subject of the
permanency hearing is 13 years old or older and is not
currently placed in a placement likely to achieve
permanency, the Department of Children and Family Services
shall make reasonable efforts to locate parents whose
rights have been terminated, except when the Court
determines that those efforts would be futile or
inconsistent with the subject child's best interests. The
Department of Children and Family Services shall assess
the appropriateness of the parent whose rights have been
terminated, and shall, as appropriate, foster and support
connections between the parent whose rights have been
terminated and the youth. The Department of Children and
Family Services shall document its determinations and
efforts to foster connections in the child's case plan.
Custody of the minor shall not be restored to any parent,
guardian, or legal custodian in any case in which the minor is
found to be neglected or abused under Section 2-3 or dependent
under Section 2-4 of this Act, unless the minor can be cared
for at home without endangering his or her health or safety and
it is in the best interest of the minor, and if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of this Act to have come about due to the acts
or omissions or both of such parent, guardian, or legal
custodian, until such time as an investigation is made as

SB1639 - 33 - LRB103 27201 RLC 53571 b
provided in paragraph (5) and a hearing is held on the issue of
the health, safety, and best interest of the minor and the
fitness of such parent, guardian, or legal custodian to care
for the minor and the court enters an order that such parent,
guardian, or legal custodian is fit to care for the minor. If a
motion is filed to modify or vacate a private guardianship
order and return the child to a parent, guardian, or legal
custodian, the court may order the Department of Children and
Family Services to assess the minor's current and proposed
living arrangements and to provide ongoing monitoring of the
health, safety, and best interest of the minor during the
pendency of the motion to assist the court in making that
determination. In the event that the minor has attained 18
years of age and the guardian or custodian petitions the court
for an order terminating his guardianship or custody,
guardianship or custody shall terminate automatically 30 days
after the receipt of the petition unless the court orders
otherwise. No legal custodian or guardian of the person may be
removed without his consent until given notice and an
opportunity to be heard by the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and
Family Services and comply with the terms of an after-care
plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also enter

SB1639 - 34 - LRB103 27201 RLC 53571 b
an order of protective supervision in accordance with Section
2-24.
If the minor is being restored to the custody of a parent,
legal custodian, or guardian who lives outside of Illinois,
and an Interstate Compact has been requested and refused, the
court may order the Department of Children and Family Services
to arrange for an assessment of the minor's proposed living
arrangement and for ongoing monitoring of the health, safety,
and best interest of the minor and compliance with any order of
protective supervision entered in accordance with Section
2-24.
(5) Whenever a parent, guardian, or legal custodian files
a motion for restoration of custody of the minor, and the minor
was adjudicated neglected, abused, or dependent as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate
the likelihood of any further physical abuse to the minor.
Evidence of such criminal convictions shall be taken into
account in determining whether the minor can be cared for at
home without endangering his or her health or safety and
fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision
thereof shall cooperate with the agent of the court in
providing any information sought in the investigation.
(b) The information derived from the investigation and

SB1639 - 35 - LRB103 27201 RLC 53571 b
any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to
the hearing on fitness and the movant shall have an
opportunity at the hearing to refute the information or
contest its significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 5-150 of this
Act.
(Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21;
102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised
8-23-22.)