Bill Text: IL SB1950 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987 concerning abused, neglected, and dependent minors. Provides that the public agency that is the custodian or guardian of the minor shall file a written report with the court when a minor in the agency's care remains (1) in a shelter for over 30 days, (2) in a psychiatric hospital past the time when the minor is clinically ready for discharge or beyond medical necessity, whichever is earlier, (3) in a detention center or Department of Juvenile Justice facility solely because the public agency cannot find a placement for the minor, (4) in a living arrangement or placement for over 30 days after the public agency has determined that the minor needs a different type of living arrangement or placement, or (5) in a Department of Children and Family Services licensed child care facility that has been placed on a corrective action plan due to issues that impact child safety and well-being. Provides that the report shall explain the steps the agency is taking to ensure the minor is placed appropriately and how the minor's needs are being met. If the report is filed under items (1) through (4), it shall also explain the anticipated placement, why the anticipated placement is appropriate, and the anticipated placement date. If the report is filed under item (5), it shall also explain why the corrective plan is necessary and how the minor's safety and well-being is being ensured. Deletes provision that unless otherwise specifically authorized by law, the court is not empowered under to order specific placements, specific services, or specific service providers to be included in the plan. Provides that if, after receiving the evidence, the court determines that the minor's current or planned placement is not necessary or appropriate the court shall put in writing the factual bases supporting the determination, enter specific findings based on the evidence, and enter any other orders necessary to protect the health, safety, and best interests of the minor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-24 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB1950 Detail]

Download: Illinois-2015-SB1950-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1950 Introduced 2/20/2015, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
705 ILCS 405/2-28 from Ch. 37, par. 802-28
Amends the Juvenile Court Act of 1987 concerning abused, neglected, and dependent minors. Provides that the public agency that is the custodian or guardian of the minor shall file a written report with the court when a minor in the agency's care remains (1) in a shelter for over 30 days, (2) in a psychiatric hospital past the time when the minor is clinically ready for discharge or beyond medical necessity, whichever is earlier, (3) in a detention center or Department of Juvenile Justice facility solely because the public agency cannot find a placement for the minor, (4) in a living arrangement or placement for over 30 days after the public agency has determined that the minor needs a different type of living arrangement or placement, or (5) in a Department of Children and Family Services licensed child care facility that has been placed on a corrective action plan due to issues that impact child safety and well-being. Provides that the report shall explain the steps the agency is taking to ensure the minor is placed appropriately and how the minor's needs are being met. If the report is filed under items (1) through (4), it shall also explain the anticipated placement, why the anticipated placement is appropriate, and the anticipated placement date. If the report is filed under item (5), it shall also explain why the corrective plan is necessary and how the minor's safety and well-being is being ensured. Deletes provision that unless otherwise specifically authorized by law, the court is not empowered under to order specific placements, specific services, or specific service providers to be included in the plan. Provides that if, after receiving the evidence, the court determines that the minor's current or planned placement is not necessary or appropriate the court shall put in writing the factual bases supporting the determination, enter specific findings based on the evidence, and enter any other orders necessary to protect the health, safety, and best interests of the minor.
LRB099 09585 RLC 29794 b
A BILL FOR
SB1950 LRB099 09585 RLC 29794 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 Section 2-28 as follows:
(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 as the court determines is
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

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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 when a
minor in the agency's care remains (a) in a shelter for over 30
days, (b) in a psychiatric hospital past the time when the
minor is clinically ready for discharge or beyond medical
necessity, whichever is earlier, (c) in a detention center or
Department of Juvenile Justice facility solely because the
public agency cannot find a placement for the minor, (d) in a
living arrangement or placement for over 30 days after the
public agency has determined that the minor needs a different
type of living arrangement or placement, or (e) in a Department
of Children and Family Services licensed child care facility
that has been placed on a corrective action plan due to issues
that impact child safety and well-being. The report shall
explain the steps the agency is taking to ensure the minor is

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placed appropriately and how the minor's needs are being met.
If the report is filed under paragraphs (a) through (d) of this
subsection (1.5), it shall also explain the anticipated
placement, why the anticipated placement is appropriate, and
the anticipated placement date. If the report is filed under
paragraph (e) of this subsection (1.5), it shall also explain
why the corrective plan is necessary and how the minor's safety
and well-being is being ensured.
(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
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

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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 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 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. The
agency's written report must detail what progress or lack of

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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 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

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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
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 ruled out.
(F) The minor over age 15 will be in substitute care
pending independence.
(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
(A) through (D) have been ruled out.
In selecting any permanency goal, the court shall indicate
in writing the reasons the goal was selected and why the
preceding goals were ruled out. 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, but shall provide services consistent

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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 ruled out all other permanency
goals 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;
(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

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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.
(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.

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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 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

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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, 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

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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.
If, after receiving the evidence, the court determines that the
minor's current or planned placement is not necessary or
appropriate under clause (b)(iii) of subsection (3) of this
Section the court shall put in writing the factual bases
supporting the determination, enter specific findings based on
the evidence, and enter any other orders necessary to protect
the health, safety, and best interests of the minor. Unless
otherwise specifically authorized by law, the court is not
empowered under this subsection (2) or under subsection (3) to
order specific placements, specific services, or specific
service providers to be included in the 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 by mandamus
filed in any proceedings brought under this Act.
(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

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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 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 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

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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.
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

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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
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. In
the event that the minor has attained 18 years of age and the
guardian or custodian petitions the court for an order

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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 an order of
protective supervision 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 co-operate with the agent of the court in providing

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any information sought in the investigation.
(b) The information derived from the investigation and
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. 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12;
98-756, eff. 7-16-14.)