Illinois-2023-SB1639-Introduced

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

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1 AN ACT concerning courts.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Juvenile Court Act of 1987 is amended by

5 changing Sections 2-13, 2-23, and 2-28 as follows:

6 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)

7 Sec. 2-13. Petition.

8 (1) Any adult person, any agency or association by its

9 representative may file, or the court on its own motion,

10 consistent with the health, safety and best interests of the

11 minor may direct the filing through the State's Attorney of a

12 petition in respect of a minor under this Act. The petition and

13 all subsequent court documents shall be entitled "In the

14 interest of ...., a minor".

15 (2) The petition shall be verified but the statements may

16 be made upon information and belief. It shall allege that the

17 minor is abused, neglected, or dependent, with citations to

18 the appropriate provisions of this Act, and set forth (a)

19 facts sufficient to bring the minor under Section 2-3 or 2-4

20 and to inform respondents of the cause of action, including,

21 but not limited to, a plain and concise statement of the

22 factual allegations that form the basis for the filing of the

23 petition; (b) the name, age and residence of the minor; (c) the

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1 names and residences of his parents; (d) the name and

2 residence of his legal guardian or the person or persons

3 having custody or control of the minor, or of the nearest known

4 relative if no parent or guardian can be found; and (e) if the

5 minor upon whose behalf the petition is brought is sheltered

6 in custody, the date on which such temporary custody was

7 ordered by the court or the date set for a temporary custody

8 hearing. If any of the facts herein required are not known by

9 the petitioner, the petition shall so state.

10 (3) The petition must allege that it is in the best

11 interests of the minor and of the public that he be adjudged a

12 ward of the court and may pray generally for relief available

13 under this Act. The petition need not specify any proposed

14 disposition following adjudication of wardship. The petition

15 may request that the minor remain in the custody of the parent,

16 guardian, or custodian under an Order of Protection.The

17 petition shall be substantially in the following form:

18 PETITION FOR ADJUDICATION OF WARDSHIP

19 Now comes ............., petitioner, and petitions this

20 court to adjudicate ................................ a ward of

21 the court. In support, the petitioner, on oath or affirmation,

22 based on information or belief states as follows:

23 (1) ............. is a (male/female) minor born on

24 ................., ........., who resides or may be found

25 in this County at .......................................

26 (2) The names and residence addresses of the minor's

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1 parents, legal guardian, and/or custodian are:

2		`Name and`	`Place of`	`City/`
3		`Relationship`	`Residence`	`State/Zip`

4 .............................................................

5 .............................................................

6 .............................................................

7 The minor and the persons named in (1) and (2) are designated

8 respondents.

9 (3) The minor was

10 ( ) not taken into protective custody.

11 ( ) taken into protective custody on ..............,

12 ........ at ...........(a.m./p.m.).

13 ( ) (4) A temporary custody hearing has been set for

14 .............., ........ at ...........(a.m./p.m.).

15 ( ) (5) The minor was neglected pursuant to the following

16 Section or Sections of the Juvenile Court Act of 1987:

17 ( ) 2-3(1)(a), (lack of care), the facts supporting this

18 are:

19 .............................................................

20 .............................................................

21 ( ) 2-3(1)(b), (injurious environment), the facts

22 supporting this are:

23 .............................................................

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1 .............................................................

2 ( ) 2-3(1)(c), (drug-exposed infant), the facts supporting

3 this are:

4 .............................................................

5 .............................................................

6 ( ) (6) The minor was abused pursuant to the following Section

7 or Sections of the Juvenile Court Act of 1987:

8 ( ) 2-3(2)(i), (physical abuse), the facts supporting this

9 are:

10 .............................................................

11 .............................................................

12 ( ) 2-3(2)(ii), (substantial risk/physical injury), the

13 facts supporting this are:

14 .............................................................

15 .............................................................

16 ( ) 2-3(2)(iii), (sexual abuse), the facts supporting this

17 are:

18 .............................................................

19 .............................................................

20 ( ) 2-3(2)(iv), (torture), the facts supporting this are:

21 .............................................................

22 .............................................................

23 ( ) 2-3(2)(v), (excessive corporal punishment), the facts

24 supporting this are:

25 .............................................................

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1 .............................................................

2 ( ) (7) The minor is dependent pursuant to Section 2-4 of the

3 Juvenile Court Act of 1987, the facts supporting this are:

4 .............................................................

5 .............................................................

6 (8) It is in the best interests of the minor and the public

7 that the minor be adjudged a ward of the court.

8 WHEREFORE, the petitioner asks that the minor be adjudged

9 a ward of the court and that the court enter such orders as are

10 in the best interests of the minor and grant other relief under

11 the Juvenile Court Act of 1987.

......................

Petitioner (Signature)

14 (4) If termination of parental rights and appointment of a

15 guardian of the person with power to consent to adoption of the

16 minor under Section 2-29 is sought, the petition shall so

17 state. If the petition includes this request, the prayer for

18 relief shall clearly and obviously state that the parents

19 could permanently lose their rights as a parent at this

20 hearing.

21 In addition to the foregoing, the petitioner, by motion,

22 may request the termination of parental rights and appointment

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1 of a guardian of the person with power to consent to adoption

2 of the minor under Section 2-29 at any time after the entry of

3 a dispositional order under Section 2-22.

4 (4.5) (a) Unless good cause exists that filing a petition

5 to terminate parental rights is contrary to the child's best

6 interests, with respect to any minors committed to its care

7 pursuant to this Act, the Department of Children and Family

8 Services shall request the State's Attorney to file a petition

9 or motion for termination of parental rights and appointment

10 of guardian of the person with power to consent to adoption of

11 the minor under Section 2-29 if:

12 (i) a minor has been in foster care, as described in

13 subsection (b), for 15 months of the most recent 22

14 months; or

15 (ii) a minor under the age of 2 years has been

16 previously determined to be abandoned at an adjudicatory

17 hearing; or

18 (iii) the parent is criminally convicted of:

19 (A) first degree murder or second degree murder of

20 any child;

21 (B) attempt or conspiracy to commit first degree

22 murder or second degree murder of any child;

23 (C) solicitation to commit murder of any child,

24 solicitation to commit murder for hire of any child,

25 or solicitation to commit second degree murder of any

26 child;

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1 (D) aggravated battery, aggravated battery of a

2 child, or felony domestic battery, any of which has

3 resulted in serious injury to the minor or a sibling of

4 the minor;

5 (E) predatory criminal sexual assault of a child;

6 (E-5) aggravated criminal sexual assault;

7 (E-10) criminal sexual abuse in violation of

8 subsection (a) of Section 11-1.50 of the Criminal Code

9 of 1961 or the Criminal Code of 2012;

10 (E-15) sexual exploitation of a child;

11 (E-20) permitting sexual abuse of a child;

12 (E-25) criminal sexual assault; or

13 (F) an offense in any other state the elements of

14 which are similar and bear a substantial relationship

15 to any of the foregoing offenses.

16 (a-1) For purposes of this subsection (4.5), good cause

17 exists in the following circumstances:

18 (i) the child is being cared for by a relative,

19 (ii) the Department has documented in the case plan a

20 compelling reason for determining that filing such

21 petition would not be in the best interests of the child,

22 (iii) the court has found within the preceding 12

23 months that the Department has failed to make reasonable

24 efforts to reunify the child and family, or

25 (iv) the parent is incarcerated, or the parent's prior

26 incarceration is a significant factor in why the child has

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1 been in foster care for 15 months out of any 22-month

2 period, the parent maintains a meaningful role in the

3 child's life, and the Department has not documented

4 another reason why it would otherwise be appropriate to

5 file a petition to terminate parental rights pursuant to

6 this Section and the Adoption Act. The assessment of

7 whether an incarcerated parent maintains a meaningful role

8 in the child's life may include consideration of the

9 following:

10 (A) the child's best interest;

11 (B) the parent's expressions or acts of

12 manifesting concern for the child, such as letters,

13 telephone calls, visits, and other forms of

14 communication with the child and the impact of the

15 communication on the child;

16 (C) the parent's efforts to communicate with and

17 work with the Department for the purpose of complying

18 with the service plan and repairing, maintaining, or

19 building the parent-child relationship; or

20 (D) limitations in the parent's access to family

21 support programs, therapeutic services, visiting

22 opportunities, telephone and mail services, and

23 meaningful participation in court proceedings.

24 (b) For purposes of this subsection, the date of entering

25 foster care is defined as the earlier of:

26 (1) The date of a judicial finding at an adjudicatory

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1 hearing that the child is an abused, neglected, or

2 dependent minor; or

3 (2) 60 days after the date on which the child is

4 removed from his or her parent, guardian, or legal

5 custodian.

6 (c) (Blank).

7 (d) (Blank).

8 (5) The court shall liberally allow the petitioner to

9 amend the petition to set forth a cause of action or to add,

10 amend, or supplement factual allegations that form the basis

11 for a cause of action up until 14 days before the adjudicatory

12 hearing. The petitioner may amend the petition after that date

13 and prior to the adjudicatory hearing if the court grants

14 leave to amend upon a showing of good cause. The court may

15 allow amendment of the petition to conform with the evidence

16 at any time prior to ruling. In all cases in which the court

17 has granted leave to amend based on new evidence or new

18 allegations, the court shall permit the respondent an adequate

19 opportunity to prepare a defense to the amended petition.

20 (6) At any time before dismissal of the petition or before

21 final closing and discharge under Section 2-31, one or more

22 motions in the best interests of the minor may be filed. The

23 motion shall specify sufficient facts in support of the relief

24 requested.

25 (Source: P.A. 101-529, eff. 1-1-20.)

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1 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)

2 Sec. 2-23. Kinds of dispositional orders.

3 (1) The following kinds of orders of disposition may be

4 made in respect of wards of the court:

5 (a) A minor found to be neglected or abused under

6 Section 2-3 or dependent under Section 2-4 may be (1)

7 continued in the custody of his or her parents, guardian

8 or legal custodian; (2) placed in accordance with Section

9 2-27; (3) restored to the custody of the parent, parents,

10 guardian, or legal custodian, provided the court shall

11 order the parent, parents, guardian, or legal custodian to

12 cooperate with the Department of Children and Family

13 Services and comply with the terms of an after-care plan

14 or risk the loss of custody of the child and the possible

15 termination of their parental rights; or (4) ordered

16 partially or completely emancipated in accordance with the

17 provisions of the Emancipation of Minors Act.

18 If the minor is being restored to the custody of a

19 parent, legal custodian, or guardian who lives outside of

20 Illinois, and an Interstate Compact has been requested and

21 refused, the court may order the Department of Children

22 and Family Services to arrange for an assessment of the

23 minor's proposed living arrangement and for ongoing

24 monitoring of the health, safety, and best interest of the

25 minor and compliance with any order of protective

26 supervision entered in accordance with Section 2-24.

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1 However, in any case in which a minor is found by the

2 court to be neglected or abused under Section 2-3 of this

3 Act, custody of the minor shall not be restored to any

4 parent, guardian or legal custodian whose acts or

5 omissions or both have been identified, pursuant to

6 subsection (1) of Section 2-21, as forming the basis for

7 the court's finding of abuse or neglect, until such time

8 as a hearing is held on the issue of the best interests of

9 the minor and the fitness of such parent, guardian or

10 legal custodian to care for the minor without endangering

11 the minor's health or safety, and the court enters an

12 order that such parent, guardian or legal custodian is fit

13 to care for the minor.

14 (b) A minor found to be dependent under Section 2-4

15 may be (1) placed in accordance with Section 2-27 or (2)

16 ordered partially or completely emancipated in accordance

17 with the provisions of the Emancipation of Minors Act.

18 However, in any case in which a minor is found by the

19 court to be dependent under Section 2-4 of this Act,

20 custody of the minor shall not be restored to any parent,

21 guardian or legal custodian whose acts or omissions or

22 both have been identified, pursuant to subsection (1) of

23 Section 2-21, as forming the basis for the court's finding

24 of dependency, until such time as a hearing is held on the

25 issue of the fitness of such parent, guardian or legal

26 custodian to care for the minor without endangering the

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1 minor's health or safety, and the court enters an order

2 that such parent, guardian or legal custodian is fit to

3 care for the minor.

4 (b-1) A minor between the ages of 18 and 21 may be

5 placed pursuant to Section 2-27 of this Act if (1) the

6 court has granted a supplemental petition to reinstate

7 wardship of the minor pursuant to subsection (2) of

8 Section 2-33, (2) the court has adjudicated the minor a

9 ward of the court, permitted the minor to return home

10 under an order of protection, and subsequently made a

11 finding that it is in the minor's best interest to vacate

12 the order of protection and commit the minor to the

13 Department of Children and Family Services for care and

14 service, or (3) the court returned the minor to the

15 custody of the respondent under Section 2-4b of this Act

16 without terminating the proceedings under Section 2-31 of

17 this Act, and subsequently made a finding that it is in the

18 minor's best interest to commit the minor to the

19 Department of Children and Family Services for care and

20 services.

21 (c) When the court awards guardianship to the

22 Department of Children and Family Services, the court

23 shall order the parents to cooperate with the Department

24 of Children and Family Services, comply with the terms of

25 the service plans, and correct the conditions that require

26 the child to be in care, or risk termination of their

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1 parental rights.

2 (2) Any order of disposition may provide for protective

3 supervision under Section 2-24 and may include an order of

4 protection under Section 2-25.

5 Unless the order of disposition expressly so provides, it

6 does not operate to close proceedings on the pending petition,

7 but is subject to modification, not inconsistent with Section

8 2-28, until final closing and discharge of the proceedings

9 under Section 2-31.

10 (3) The court also shall enter any other orders necessary

11 to fulfill the service plan, including, but not limited to,

12 (i) orders requiring parties to cooperate with services, (ii)

13 restraining orders controlling the conduct of any party likely

14 to frustrate the achievement of the goal, and (iii) visiting

15 orders. When the child is placed separately from a sibling,

16 the court shall review the Sibling Contact Support Plan

17 developed under subsection (f) of Section 7.4 of the Children

18 and Family Services Act, if applicable. If the Department has

19 not convened a meeting to develop a Sibling Contact Support

20 Plan, or if the court finds that the existing Plan is not in

21 the child's best interest, the court may enter an order

22 requiring the Department to develop and implement a Sibling

23 Contact Support Plan under subsection (f) of Section 7.4 of

24 the Children and Family Services Act or order mediation.

25 ~~Unless otherwise specifically authorized by law, the court is~~

26 ~~not empowered under this subsection (3) to order specific~~

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1 ~~placements, specific services, or specific service providers~~

2 ~~to be included in the plan.~~ If, after receiving evidence, the

3 court determines that the services contained in the plan are

4 not reasonably calculated to facilitate achievement of the

5 permanency goal, the court shall put in writing the factual

6 basis supporting the determination and enter specific findings

7 based on the evidence. The court also shall enter an order for

8 the Department to develop and implement a new service plan or

9 to implement changes to the current service plan consistent

10 with the court's findings. The new service plan shall be filed

11 with the court and served on all parties within 45 days after

12 the date of the order. The court shall continue the matter

13 until the new service plan is filed. ~~Except as authorized by~~

14 ~~subsection (3.5) of this Section or authorized by law, the~~

15 ~~court is not empowered under this Section to order specific~~

16 ~~placements, specific services, or specific service providers~~

17 ~~to be included in the service plan.~~

18 (3.5) If, after reviewing the evidence, including evidence

19 from the Department, the court determines that the minor's

20 current or planned placement is not necessary or appropriate

21 to facilitate achievement of the permanency goal, the court

22 shall put in writing the factual basis supporting its

23 determination and enter specific findings based on the

24 evidence. If the court finds that the minor's current or

25 planned placement is not necessary or appropriate, the court

26 may enter an order directing the Department to implement a

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1 recommendation by the minor's treating clinician or a

2 clinician contracted by the Department to evaluate the minor

3 or a recommendation made by the Department. If the Department

4 places a minor in a placement under an order entered under this

5 subsection (3.5), the Department has the authority to remove

6 the minor from that placement when a change in circumstances

7 necessitates the removal to protect the minor's health,

8 safety, and best interest. If the Department determines

9 removal is necessary, the Department shall notify the parties

10 of the planned placement change in writing no later than 10

11 days prior to the implementation of its determination unless

12 remaining in the placement poses an imminent risk of harm to

13 the minor, in which case the Department shall notify the

14 parties of the placement change in writing immediately

15 following the implementation of its decision. The Department

16 shall notify others of the decision to change the minor's

17 placement as required by Department rule.

18 (4) In addition to any other order of disposition, the

19 court may order any minor adjudicated neglected with respect

20 to his or her own injurious behavior to make restitution, in

21 monetary or non-monetary form, under the terms and conditions

22 of Section 5-5-6 of the Unified Code of Corrections, except

23 that the "presentence hearing" referred to therein shall be

24 the dispositional hearing for purposes of this Section. The

25 parent, guardian or legal custodian of the minor may pay some

26 or all of such restitution on the minor's behalf.

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1 (5) Any order for disposition where the minor is committed

2 or placed in accordance with Section 2-27 shall provide for

3 the parents or guardian of the estate of such minor to pay to

4 the legal custodian or guardian of the person of the minor such

5 sums as are determined by the custodian or guardian of the

6 person of the minor as necessary for the minor's needs. Such

7 payments may not exceed the maximum amounts provided for by

8 Section 9.1 of the Children and Family Services Act.

9 (6) Whenever the order of disposition requires the minor

10 to attend school or participate in a program of training, the

11 truant officer or designated school official shall regularly

12 report to the court if the minor is a chronic or habitual

13 truant under Section 26-2a of the School Code.

14 (7) The court may terminate the parental rights of a

15 parent at the initial dispositional hearing if all of the

16 conditions in subsection (5) of Section 2-21 are met.

17 (Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.)

18 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)

19 Sec. 2-28. Court review.

20 (1) The court may require any legal custodian or guardian

21 of the person appointed under this Act to report periodically

22 to the court or may cite him into court and require him or his

23 agency~~,~~to make a full and accurate report of his or its doings

24 in behalf of the minor. The custodian or guardian, within 10

25 days after such citation, or earlier if the court determines

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1 it to be necessary to protect the health, safety, or welfare of

2 the minor, shall make the report, either in writing verified

3 by affidavit or orally under oath in open court, or otherwise

4 as the court directs. Upon the hearing of the report the court

5 may remove the custodian or guardian and appoint another in

6 his stead or restore the minor to the custody of his parents or

7 former guardian or custodian. However, custody of the minor

8 shall not be restored to any parent, guardian, or legal

9 custodian in any case in which the minor is found to be

10 neglected or abused under Section 2-3 or dependent under

11 Section 2-4 of this Act, unless the minor can be cared for at

12 home without endangering the minor's health or safety and it

13 is in the best interests of the minor, and if such neglect,

14 abuse, or dependency is found by the court under paragraph (1)

15 of Section 2-21 of this Act to have come about due to the acts

16 or omissions or both of such parent, guardian, or legal

17 custodian, until such time as an investigation is made as

18 provided in paragraph (5) and a hearing is held on the issue of

19 the fitness of such parent, guardian, or legal custodian to

20 care for the minor and the court enters an order that such

21 parent, guardian, or legal custodian is fit to care for the

22 minor.

23 (1.5) The public agency that is the custodian or guardian

24 of the minor shall file a written report with the court no

25 later than 15 days after a minor in the agency's care remains:

26 (1) in a shelter placement beyond 30 days;

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1 (2) in a psychiatric hospital past the time when the

2 minor is clinically ready for discharge or beyond medical

3 necessity for the minor's health; or

4 (3) in a detention center or Department of Juvenile

5 Justice facility solely because the public agency cannot

6 find an appropriate placement for the minor.

7 The report shall explain the steps the agency is taking to

8 ensure the minor is placed appropriately, how the minor's

9 needs are being met in the minor's shelter placement, and if a

10 future placement has been identified by the Department, why

11 the anticipated placement is appropriate for the needs of the

12 minor and the anticipated placement date.

13 (1.6) Within 35 days after placing a child in its care in a

14 qualified residential treatment program, as defined by the

15 federal Social Security Act, the Department of Children and

16 Family Services shall file a written report with the court and

17 send copies of the report to all parties. Within 20 days of the

18 filing of the report, the court shall hold a hearing to

19 consider the Department's report and determine whether

20 placement of the child in a qualified residential treatment

21 program provides the most effective and appropriate level of

22 care for the child in the least restrictive environment and if

23 the placement is consistent with the short-term and long-term

24 goals for the child, as specified in the permanency plan for

25 the child. The court shall approve or disapprove the

26 placement. If applicable, the requirements of Sections 2-27.1

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1 and 2-27.2 must also be met. The Department's written report

2 and the court's written determination shall be included in and

3 made part of the case plan for the child. If the child remains

4 placed in a qualified residential treatment program, the

5 Department shall submit evidence at each status and permanency

6 hearing:

7 (1) demonstrating that on-going assessment of the

8 strengths and needs of the child continues to support the

9 determination that the child's needs cannot be met through

10 placement in a foster family home, that the placement

11 provides the most effective and appropriate level of care

12 for the child in the least restrictive, appropriate

13 environment, and that the placement is consistent with the

14 short-term and long-term permanency goal for the child, as

15 specified in the permanency plan for the child;

16 (2) documenting the specific treatment or service

17 needs that should be met for the child in the placement and

18 the length of time the child is expected to need the

19 treatment or services; and

20 (3) the efforts made by the agency to prepare the

21 child to return home or to be placed with a fit and willing

22 relative, a legal guardian, or an adoptive parent, or in a

23 foster family home.

24 (2) The first permanency hearing shall be conducted by the

25 judge. Subsequent permanency hearings may be heard by a judge

26 or by hearing officers appointed or approved by the court in

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1 the manner set forth in Section 2-28.1 of this Act. The initial

2 hearing shall be held (a) within 12 months from the date

3 temporary custody was taken, regardless of whether an

4 adjudication or dispositional hearing has been completed

5 within that time frame, (b) if the parental rights of both

6 parents have been terminated in accordance with the procedure

7 described in subsection (5) of Section 2-21, within 30 days of

8 the order for termination of parental rights and appointment

9 of a guardian with power to consent to adoption, or (c) in

10 accordance with subsection (2) of Section 2-13.1. Subsequent

11 permanency hearings shall be held every 6 months or more

12 frequently if necessary in the court's determination following

13 the initial permanency hearing, in accordance with the

14 standards set forth in this Section, until the court

15 determines that the plan and goal have been achieved. Once the

16 plan and goal have been achieved, if the minor remains in

17 substitute care, the case shall be reviewed at least every 6

18 months thereafter, subject to the provisions of this Section,

19 unless the minor is placed in the guardianship of a suitable

20 relative or other person and the court determines that further

21 monitoring by the court does not further the health, safety,

22 or best interest of the child and that this is a stable

23 permanent placement. The permanency hearings must occur within

24 the time frames set forth in this subsection and may not be

25 delayed in anticipation of a report from any source or due to

26 the agency's failure to timely file its written report (this

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1 written report means the one required under the next paragraph

2 and does not mean the service plan also referred to in that

3 paragraph).

4 The public agency that is the custodian or guardian of the

5 minor, or another agency responsible for the minor's care,

6 shall ensure that all parties to the permanency hearings are

7 provided a copy of the most recent service plan prepared

8 within the prior 6 months at least 14 days in advance of the

9 hearing. If not contained in the agency's service plan, the

10 agency shall also include a report setting forth (i) any

11 special physical, psychological, educational, medical,

12 emotional, or other needs of the minor or his or her family

13 that are relevant to a permanency or placement determination

14 and (ii) for any minor age 16 or over, a written description of

15 the programs and services that will enable the minor to

16 prepare for independent living. If not contained in the

17 agency's service plan, the agency's report shall specify if a

18 minor is placed in a licensed child care facility under a

19 corrective plan by the Department due to concerns impacting

20 the minor's safety and well-being. The report shall explain

21 the steps the Department is taking to ensure the safety and

22 well-being of the minor and that the minor's needs are met in

23 the facility. The agency's written report must detail what

24 progress or lack of progress the parent has made in correcting

25 the conditions requiring the child to be in care; whether the

26 child can be returned home without jeopardizing the child's

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1 health, safety, and welfare, and if not, what permanency goal

2 is recommended to be in the best interests of the child, and

3 why the other permanency goals are not appropriate. The

4 caseworker must appear and testify at the permanency hearing.

5 If a permanency hearing has not previously been scheduled by

6 the court, the moving party shall move for the setting of a

7 permanency hearing and the entry of an order within the time

8 frames set forth in this subsection.

9 At the permanency hearing, the court shall determine the

10 future status of the child. The court shall set one of the

11 following permanency goals:

12 (A) The minor will be returned home by a specific date

13 within 5 months.

14 (B) The minor will be in short-term care with a

15 continued goal to return home within a period not to

16 exceed one year, where the progress of the parent or

17 parents is substantial giving particular consideration to

18 the age and individual needs of the minor.

19 (B-1) The minor will be in short-term care with a

20 continued goal to return home pending a status hearing.

21 When the court finds that a parent has not made reasonable

22 efforts or reasonable progress to date, the court shall

23 identify what actions the parent and the Department must

24 take in order to justify a finding of reasonable efforts

25 or reasonable progress and shall set a status hearing to

26 be held not earlier than 9 months from the date of

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1 adjudication nor later than 11 months from the date of

2 adjudication during which the parent's progress will again

3 be reviewed.

4 (C) The minor will be in substitute care pending court

5 determination on termination of parental rights.

6 (D) Adoption, provided that parental rights have been

7 terminated or relinquished.

8 (E) The guardianship of the minor will be transferred

9 to an individual or couple on a permanent basis provided

10 that goals (A) through (D) have been deemed inappropriate

11 and not in the child's best interests. The court shall

12 confirm that the Department has discussed adoption, if

13 appropriate, and guardianship with the caregiver prior to

14 changing a goal to guardianship.

15 (F) The minor over age 15 will be in substitute care

16 pending independence. In selecting this permanency goal,

17 the Department of Children and Family Services may provide

18 services to enable reunification and to strengthen the

19 minor's connections with family, fictive kin, and other

20 responsible adults, provided the services are in the

21 minor's best interest. The services shall be documented in

22 the service plan.

23 (G) The minor will be in substitute care because he or

24 she cannot be provided for in a home environment due to

25 developmental disabilities or mental illness or because he

26 or she is a danger to self or others, provided that goals

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1 (A) through (D) have been deemed inappropriate and not in

2 the child's best interests.

3 In selecting any permanency goal, the court shall indicate

4 in writing the reasons the goal was selected and why the

5 preceding goals were deemed inappropriate and not in the

6 child's best interest. Where the court has selected a

7 permanency goal other than (A), (B), or (B-1), the Department

8 of Children and Family Services shall not provide further

9 reunification services, except as provided in paragraph (F) of

10 this subsection (2), but shall provide services consistent

11 with the goal selected.

12 (H) Notwithstanding any other provision in this

13 Section, the court may select the goal of continuing

14 foster care as a permanency goal if:

15 (1) The Department of Children and Family Services

16 has custody and guardianship of the minor;

17 (2) The court has deemed all other permanency

18 goals inappropriate based on the child's best

19 interest;

20 (3) The court has found compelling reasons, based

21 on written documentation reviewed by the court, to

22 place the minor in continuing foster care. Compelling

23 reasons include:

24 (a) the child does not wish to be adopted or to

25 be placed in the guardianship of his or her

26 relative or foster care placement;

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1 (b) the child exhibits an extreme level of

2 need such that the removal of the child from his or

3 her placement would be detrimental to the child;

4 or

5 (c) the child who is the subject of the

6 permanency hearing has existing close and strong

7 bonds with a sibling, and achievement of another

8 permanency goal would substantially interfere with

9 the subject child's sibling relationship, taking

10 into consideration the nature and extent of the

11 relationship, and whether ongoing contact is in

12 the subject child's best interest, including

13 long-term emotional interest, as compared with the

14 legal and emotional benefit of permanence;

15 (4) The child has lived with the relative or

16 foster parent for at least one year; and

17 (5) The relative or foster parent currently caring

18 for the child is willing and capable of providing the

19 child with a stable and permanent environment.

20 The court shall set a permanency goal that is in the best

21 interest of the child. In determining that goal, the court

22 shall consult with the minor in an age-appropriate manner

23 regarding the proposed permanency or transition plan for the

24 minor. The court's determination shall include the following

25 factors:

26 (1) Age of the child.

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1 (2) Options available for permanence, including both

2 out-of-state and in-state placement options.

3 (3) Current placement of the child and the intent of

4 the family regarding adoption.

5 (4) Emotional, physical, and mental status or

6 condition of the child.

7 (5) Types of services previously offered and whether

8 or not the services were successful and, if not

9 successful, the reasons the services failed.

10 (6) Availability of services currently needed and

11 whether the services exist.

12 (7) Status of siblings of the minor.

13 The court shall consider (i) the permanency goal contained

14 in the service plan, (ii) the appropriateness of the services

15 contained in the plan and whether those services have been

16 provided, (iii) whether reasonable efforts have been made by

17 all the parties to the service plan to achieve the goal, and

18 (iv) whether the plan and goal have been achieved. All

19 evidence relevant to determining these questions, including

20 oral and written reports, may be admitted and may be relied on

21 to the extent of their probative value.

22 The court shall make findings as to whether, in violation

23 of Section 8.2 of the Abused and Neglected Child Reporting

24 Act, any portion of the service plan compels a child or parent

25 to engage in any activity or refrain from any activity that is

26 not reasonably related to remedying a condition or conditions

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1 that gave rise or which could give rise to any finding of child

2 abuse or neglect. The services contained in the service plan

3 shall include services reasonably related to remedy the

4 conditions that gave rise to removal of the child from the home

5 of his or her parents, guardian, or legal custodian or that the

6 court has found must be remedied prior to returning the child

7 home. Any tasks the court requires of the parents, guardian,

8 or legal custodian or child prior to returning the child home~~,~~

9 must be reasonably related to remedying a condition or

10 conditions that gave rise to or which could give rise to any

11 finding of child abuse or neglect.

12 If the permanency goal is to return home, the court shall

13 make findings that identify any problems that are causing

14 continued placement of the children away from the home and

15 identify what outcomes would be considered a resolution to

16 these problems. The court shall explain to the parents that

17 these findings are based on the information that the court has

18 at that time and may be revised, should additional evidence be

19 presented to the court.

20 The court shall review the Sibling Contact Support Plan

21 developed or modified under subsection (f) of Section 7.4 of

22 the Children and Family Services Act, if applicable. If the

23 Department has not convened a meeting to develop or modify a

24 Sibling Contact Support Plan, or if the court finds that the

25 existing Plan is not in the child's best interest, the court

26 may enter an order requiring the Department to develop,

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1 modify, or implement a Sibling Contact Support Plan, or order

2 mediation.

3 If the goal has been achieved, the court shall enter

4 orders that are necessary to conform the minor's legal custody

5 and status to those findings.

6 If, after receiving evidence, the court determines that

7 the services contained in the plan are not reasonably

8 calculated to facilitate achievement of the permanency goal,

9 the court shall put in writing the factual basis supporting

10 the determination and enter specific findings based on the

11 evidence. The court also shall enter an order for the

12 Department to develop and implement a new service plan or to

13 implement changes to the current service plan consistent with

14 the court's findings. The new service plan shall be filed with

15 the court and served on all parties within 45 days of the date

16 of the order. The court shall continue the matter until the new

17 service plan is filed.~~Except as authorized by subsection~~

18 ~~(2.5) of this Section and as otherwise specifically authorized~~

19 ~~by law, the court is not empowered under this Section to order~~

20 ~~specific placements, specific services, or specific service~~

21 ~~providers to be included in the service plan.~~

22 A guardian or custodian appointed by the court pursuant to

23 this Act shall file updated case plans with the court every 6

24 months.

25 Rights of wards of the court under this Act are

26 enforceable against any public agency by complaints for relief

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1 by mandamus filed in any proceedings brought under this Act.

2 (2.5) If, after reviewing the evidence, including evidence

3 from the Department, the court determines that the minor's

4 current or planned placement is not necessary or appropriate

5 to facilitate achievement of the permanency goal, the court

6 shall put in writing the factual basis supporting its

7 determination and enter specific findings based on the

8 evidence. If the court finds that the minor's current or

9 planned placement is not necessary or appropriate, the court

10 may enter an order directing the Department to implement a

11 recommendation by the minor's treating clinician or a

12 clinician contracted by the Department to evaluate the minor

13 or a recommendation made by the Department. If the Department

14 places a minor in a placement under an order entered under this

15 subsection (2.5), the Department has the authority to remove

16 the minor from that placement when a change in circumstances

17 necessitates the removal to protect the minor's health,

18 safety, and best interest. If the Department determines

19 removal is necessary, the Department shall notify the parties

20 of the planned placement change in writing no later than 10

21 days prior to the implementation of its determination unless

22 remaining in the placement poses an imminent risk of harm to

23 the minor, in which case the Department shall notify the

24 parties of the placement change in writing immediately

25 following the implementation of its decision. The Department

26 shall notify others of the decision to change the minor's

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1 placement as required by Department rule.

2 (3) Following the permanency hearing, the court shall

3 enter a written order that includes the determinations

4 required under subsection (2) of this Section and sets forth

5 the following:

6 (a) The future status of the minor, including the

7 permanency goal, and any order necessary to conform the

8 minor's legal custody and status to such determination; or

9 (b) If the permanency goal of the minor cannot be

10 achieved immediately, the specific reasons for continuing

11 the minor in the care of the Department of Children and

12 Family Services or other agency for short-term ~~short term~~

13 placement, and the following determinations:

14 (i) (Blank).

15 (ii) Whether the services required by the court

16 and by any service plan prepared within the prior 6

17 months have been provided and (A) if so, whether the

18 services were reasonably calculated to facilitate the

19 achievement of the permanency goal or (B) if not

20 provided, why the services were not provided.

21 (iii) Whether the minor's current or planned

22 placement is necessary, and appropriate to the plan

23 and goal, recognizing the right of minors to the least

24 restrictive (most family-like) setting available and

25 in close proximity to the parents' home consistent

26 with the health, safety, best interest, and special

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1 needs of the minor and, if the minor is placed

2 out-of-state, whether the out-of-state placement

3 continues to be appropriate and consistent with the

4 health, safety, and best interest of the minor.

5 (iv) (Blank).

6 (v) (Blank).

7 (4) The minor or any person interested in the minor may

8 apply to the court for a change in custody of the minor and the

9 appointment of a new custodian or guardian of the person or for

10 the restoration of the minor to the custody of his parents or

11 former guardian or custodian.

12 When return home is not selected as the permanency goal:

13 (a) The Department, the minor, or the current foster

14 parent or relative caregiver seeking private guardianship

15 may file a motion for private guardianship of the minor.

16 Appointment of a guardian under this Section requires

17 approval of the court.

18 (b) The State's Attorney may file a motion to

19 terminate parental rights of any parent who has failed to

20 make reasonable efforts to correct the conditions which

21 led to the removal of the child or reasonable progress

22 toward the return of the child, as defined in subdivision

23 (D)(m) of Section 1 of the Adoption Act or for whom any

24 other unfitness ground for terminating parental rights as

25 defined in subdivision (D) of Section 1 of the Adoption

26 Act exists.

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1 When parental rights have been terminated for a

2 minimum of 3 years and the child who is the subject of the

3 permanency hearing is 13 years old or older and is not

4 currently placed in a placement likely to achieve

5 permanency, the Department of Children and Family Services

6 shall make reasonable efforts to locate parents whose

7 rights have been terminated, except when the Court

8 determines that those efforts would be futile or

9 inconsistent with the subject child's best interests. The

10 Department of Children and Family Services shall assess

11 the appropriateness of the parent whose rights have been

12 terminated, and shall, as appropriate, foster and support

13 connections between the parent whose rights have been

14 terminated and the youth. The Department of Children and

15 Family Services shall document its determinations and

16 efforts to foster connections in the child's case plan.

17 Custody of the minor shall not be restored to any parent,

18 guardian, or legal custodian in any case in which the minor is

19 found to be neglected or abused under Section 2-3 or dependent

20 under Section 2-4 of this Act, unless the minor can be cared

21 for at home without endangering his or her health or safety and

22 it is in the best interest of the minor, and if such neglect,

23 abuse, or dependency is found by the court under paragraph (1)

24 of Section 2-21 of this Act to have come about due to the acts

25 or omissions or both of such parent, guardian, or legal

26 custodian, until such time as an investigation is made as

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1 provided in paragraph (5) and a hearing is held on the issue of

2 the health, safety, and best interest of the minor and the

3 fitness of such parent, guardian, or legal custodian to care

4 for the minor and the court enters an order that such parent,

5 guardian, or legal custodian is fit to care for the minor. If a

6 motion is filed to modify or vacate a private guardianship

7 order and return the child to a parent, guardian, or legal

8 custodian, the court may order the Department of Children and

9 Family Services to assess the minor's current and proposed

10 living arrangements and to provide ongoing monitoring of the

11 health, safety, and best interest of the minor during the

12 pendency of the motion to assist the court in making that

13 determination. In the event that the minor has attained 18

14 years of age and the guardian or custodian petitions the court

15 for an order terminating his guardianship or custody,

16 guardianship or custody shall terminate automatically 30 days

17 after the receipt of the petition unless the court orders

18 otherwise. No legal custodian or guardian of the person may be

19 removed without his consent until given notice and an

20 opportunity to be heard by the court.

21 When the court orders a child restored to the custody of

22 the parent or parents, the court shall order the parent or

23 parents to cooperate with the Department of Children and

24 Family Services and comply with the terms of an after-care

25 plan, or risk the loss of custody of the child and possible

26 termination of their parental rights. The court may also enter

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1 an order of protective supervision in accordance with Section

2 2-24.

3 If the minor is being restored to the custody of a parent,

4 legal custodian, or guardian who lives outside of Illinois,

5 and an Interstate Compact has been requested and refused, the

6 court may order the Department of Children and Family Services

7 to arrange for an assessment of the minor's proposed living

8 arrangement and for ongoing monitoring of the health, safety,

9 and best interest of the minor and compliance with any order of

10 protective supervision entered in accordance with Section

11 2-24.

12 (5) Whenever a parent, guardian, or legal custodian files

13 a motion for restoration of custody of the minor, and the minor

14 was adjudicated neglected, abused, or dependent as a result of

15 physical abuse, the court shall cause to be made an

16 investigation as to whether the movant has ever been charged

17 with or convicted of any criminal offense which would indicate

18 the likelihood of any further physical abuse to the minor.

19 Evidence of such criminal convictions shall be taken into

20 account in determining whether the minor can be cared for at

21 home without endangering his or her health or safety and

22 fitness of the parent, guardian, or legal custodian.

23 (a) Any agency of this State or any subdivision

24 thereof shall cooperate with the agent of the court in

25 providing any information sought in the investigation.

26 (b) The information derived from the investigation and

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1 any conclusions or recommendations derived from the

2 information shall be provided to the parent, guardian, or

3 legal custodian seeking restoration of custody prior to

4 the hearing on fitness and the movant shall have an

5 opportunity at the hearing to refute the information or

6 contest its significance.

7 (c) All information obtained from any investigation

8 shall be confidential as provided in Section 5-150 of this

9 Act.

10 (Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21;

11 102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised

12 8-23-22.)