Illinois-2023-SB3183-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3183

Introduced 2/6/2024, by Sen. Lakesia Collins

SYNOPSIS AS INTRODUCED:

`705 ILCS 405/1-2`	`from Ch. 37, par. 801-2`
`705 ILCS 405/1-3`	`from Ch. 37, par. 801-3`
`705 ILCS 405/2-10`	`from Ch. 37, par. 802-10`
`705 ILCS 405/2-13`	`from Ch. 37, par. 802-13`
`705 ILCS 405/2-13.1`
`705 ILCS 405/2-21`	`from Ch. 37, par. 802-21`
`705 ILCS 405/2-28`
`750 ILCS 50/1`	`from Ch. 40, par. 1501`

Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts" in cases that involve reunification by the Department of Children and Family Services. Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act.

LRB103 37041 RLC 67156 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 1-2, 1-3, 2-10, 2-13, 2-13.1, 2-21, and 2-28

6 as follows:

7 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)

8 Sec. 1-2. Purpose and policy.

9 (1) The purpose of this Act is to secure for each minor

10 subject hereto such care and guidance, preferably in the

11 minor's own home, as will serve the safety and moral,

12 emotional, mental, and physical welfare of the minor and the

13 best interests of the community; to preserve and strengthen

14 the minor's family ties whenever possible, removing the minor

15 from the custody of the minor's parents only when the minor's

16 safety or welfare or the protection of the public cannot be

17 adequately safeguarded without removal; if the child is

18 removed from the custody of the minor's parent, the Department

19 of Children and Family Services immediately shall consider

20 concurrent planning, as described in Section 5 of the Children

21 and Family Services Act so that permanency may occur at the

22 earliest opportunity; consideration should be given so that if

23 reunification fails or is delayed, the placement made is the

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1 best available placement to provide permanency for the child;

2 and, when the minor is removed from the minor's own family, to

3 secure for the minor custody, care and discipline as nearly as

4 possible equivalent to that which should be given by the

5 minor's parents, and in cases where it should and can properly

6 be done to place the minor in a family home so that the minor

7 may become a member of the family by legal adoption or

8 otherwise. Provided that a ground for unfitness under the

9 Adoption Act can be met, it may be appropriate to expedite

10 termination of parental rights:

11 (a) when active ~~reasonable~~ efforts are inappropriate,

12 or have been provided and were unsuccessful, and there are

13 aggravating circumstances including, but not limited to,

14 those cases in which (i) the child or another child of that

15 child's parent was (A) abandoned, (B) tortured, or (C)

16 chronically abused or (ii) the parent is criminally

17 convicted of (A) first degree murder or second degree

18 murder of any child, (B) attempt or conspiracy to commit

19 first degree murder or second degree murder of any child,

20 (C) solicitation to commit murder, solicitation to commit

21 murder for hire, solicitation to commit second degree

22 murder of any child, or aggravated assault in violation of

23 subdivision (a)(13) of Section 12-2 of the Criminal Code

24 of 1961 or the Criminal Code of 2012, or (D) aggravated

25 criminal sexual assault in violation of Section

26 11-1.40(a)(1) or 12-14.1(a)(1) of the Criminal Code of

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1 1961 or the Criminal Code of 2012; or

2 (b) when the parental rights of a parent with respect

3 to another child of the parent have been involuntarily

4 terminated; or

5 (c) in those extreme cases in which the parent's

6 incapacity to care for the child, combined with an

7 extremely poor prognosis for treatment or rehabilitation,

8 justifies expedited termination of parental rights.

9 (2) In all proceedings under this Act the court may direct

10 the course thereof so as promptly to ascertain the

11 jurisdictional facts and fully to gather information bearing

12 upon the current condition and future welfare of persons

13 subject to this Act. This Act shall be administered in a spirit

14 of humane concern, not only for the rights of the parties, but

15 also for the fears and the limits of understanding of all who

16 appear before the court.

17 (3) In all procedures under this Act, the following shall

18 apply:

19 (a) The procedural rights assured to the minor shall

20 be the rights of adults unless specifically precluded by

21 laws which enhance the protection of such minors.

22 (b) Every child has a right to services necessary to

23 the child's safety and proper development, including

24 health, education and social services.

25 (c) The parents' right to the custody of their child

26 shall not prevail when the court determines that it is

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1 contrary to the health, safety, and best interests of the

2 child.

3 (4) This Act shall be liberally construed to carry out the

4 foregoing purpose and policy.

5 (Source: P.A. 103-22, eff. 8-8-23.)

6 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)

7 Sec. 1-3. Definitions. Terms used in this Act, unless the

8 context otherwise requires, have the following meanings

9 ascribed to them:

10 (.05) "Active efforts" means efforts that are affirmative,

11 active, thorough, timely and intended to maintain or reunite a

12 child with the child's family and represent a higher standard

13 of conduct than reasonable efforts.

14 (1) "Adjudicatory hearing" means a hearing to determine

15 whether the allegations of a petition under Section 2-13,

16 3-15, or 4-12 that a minor under 18 years of age is abused,

17 neglected, or dependent, or requires authoritative

18 intervention, or addicted, respectively, are supported by a

19 preponderance of the evidence or whether the allegations of a

20 petition under Section 5-520 that a minor is delinquent are

21 proved beyond a reasonable doubt.

22 (2) "Adult" means a person 21 years of age or older.

23 (3) "Agency" means a public or private child care facility

24 legally authorized or licensed by this State for placement or

25 institutional care or for both placement and institutional

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1 care.

2 (4) "Association" means any organization, public or

3 private, engaged in welfare functions which include services

4 to or on behalf of children but does not include "agency" as

5 herein defined.

6 (4.05) Whenever a "best interest" determination is

7 required, the following factors shall be considered in the

8 context of the child's age and developmental needs:

9 (a) the physical safety and welfare of the child,

10 including food, shelter, health, and clothing;

11 (b) the development of the child's identity;

12 (c) the child's background and ties, including

13 familial, cultural, and religious;

14 (d) the child's sense of attachments, including:

15 (i) where the child actually feels love,

16 attachment, and a sense of being valued (as opposed to

17 where adults believe the child should feel such love,

18 attachment, and a sense of being valued);

19 (ii) the child's sense of security;

20 (iii) the child's sense of familiarity;

21 (iv) continuity of affection for the child;

22 (v) the least disruptive placement alternative for

23 the child;

24 (e) the child's wishes and long-term goals;

25 (f) the child's community ties, including church,

26 school, and friends;

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1 (g) the child's need for permanence which includes the

2 child's need for stability and continuity of relationships

3 with parent figures and with siblings and other relatives;

4 (h) the uniqueness of every family and child;

5 (i) the risks attendant to entering and being in

6 substitute care; and

7 (j) the preferences of the persons available to care

8 for the child.

9 (4.1) "Chronic truant" shall have the definition ascribed

10 to it in Section 26-2a of the School Code.

11 (5) "Court" means the circuit court in a session or

12 division assigned to hear proceedings under this Act.

13 (6) "Dispositional hearing" means a hearing to determine

14 whether a minor should be adjudged to be a ward of the court,

15 and to determine what order of disposition should be made in

16 respect to a minor adjudged to be a ward of the court.

17 (6.5) "Dissemination" or "disseminate" means to publish,

18 produce, print, manufacture, distribute, sell, lease, exhibit,

19 broadcast, display, transmit, or otherwise share information

20 in any format so as to make the information accessible to

21 others.

22 (7) "Emancipated minor" means any minor 16 years of age or

23 over who has been completely or partially emancipated under

24 the Emancipation of Minors Act or under this Act.

25 (7.03) "Expunge" means to physically destroy the records

26 and to obliterate the minor's name from any official index,

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1 public record, or electronic database.

2 (7.05) "Foster parent" includes a relative caregiver

3 selected by the Department of Children and Family Services to

4 provide care for the minor.

5 (8) "Guardianship of the person" of a minor means the duty

6 and authority to act in the best interests of the minor,

7 subject to residual parental rights and responsibilities, to

8 make important decisions in matters having a permanent effect

9 on the life and development of the minor and to be concerned

10 with the minor's general welfare. It includes but is not

11 necessarily limited to:

12 (a) the authority to consent to marriage, to

13 enlistment in the armed forces of the United States, or to

14 a major medical, psychiatric, and surgical treatment; to

15 represent the minor in legal actions; and to make other

16 decisions of substantial legal significance concerning the

17 minor;

18 (b) the authority and duty of reasonable visitation,

19 except to the extent that these have been limited in the

20 best interests of the minor by court order;

21 (c) the rights and responsibilities of legal custody

22 except where legal custody has been vested in another

23 person or agency; and

24 (d) the power to consent to the adoption of the minor,

25 but only if expressly conferred on the guardian in

26 accordance with Section 2-29, 3-30, or 4-27.

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1 (8.1) "Juvenile court record" includes, but is not limited

2 to:

3 (a) all documents filed in or maintained by the

4 juvenile court pertaining to a specific incident,

5 proceeding, or individual;

6 (b) all documents relating to a specific incident,

7 proceeding, or individual made available to or maintained

8 by probation officers;

9 (c) all documents, video or audio tapes, photographs,

10 and exhibits admitted into evidence at juvenile court

11 hearings; or

12 (d) all documents, transcripts, records, reports, or

13 other evidence prepared by, maintained by, or released by

14 any municipal, county, or State agency or department, in

15 any format, if indicating involvement with the juvenile

16 court relating to a specific incident, proceeding, or

17 individual.

18 (8.2) "Juvenile law enforcement record" includes records

19 of arrest, station adjustments, fingerprints, probation

20 adjustments, the issuance of a notice to appear, or any other

21 records or documents maintained by any law enforcement agency

22 relating to a minor suspected of committing an offense, and

23 records maintained by a law enforcement agency that identifies

24 a juvenile as a suspect in committing an offense, but does not

25 include records identifying a juvenile as a victim, witness,

26 or missing juvenile and any records created, maintained, or

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1 used for purposes of referral to programs relating to

2 diversion as defined in subsection (6) of Section 5-105.

3 (9) "Legal custody" means the relationship created by an

4 order of court in the best interests of the minor which imposes

5 on the custodian the responsibility of physical possession of

6 a minor and the duty to protect, train and discipline the minor

7 and to provide the minor with food, shelter, education, and

8 ordinary medical care, except as these are limited by residual

9 parental rights and responsibilities and the rights and

10 responsibilities of the guardian of the person, if any.

11 (9.1) "Mentally capable adult relative" means a person 21

12 years of age or older who is not suffering from a mental

13 illness that prevents the person from providing the care

14 necessary to safeguard the physical safety and welfare of a

15 minor who is left in that person's care by the parent or

16 parents or other person responsible for the minor's welfare.

17 (10) "Minor" means a person under the age of 21 years

18 subject to this Act.

19 (11) "Parent" means a father or mother of a child and

20 includes any adoptive parent. It also includes a person (i)

21 whose parentage is presumed or has been established under the

22 law of this or another jurisdiction or (ii) who has registered

23 with the Putative Father Registry in accordance with Section

24 12.1 of the Adoption Act and whose paternity has not been ruled

25 out under the law of this or another jurisdiction. It does not

26 include a parent whose rights in respect to the minor have been

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1 terminated in any manner provided by law. It does not include a

2 person who has been or could be determined to be a parent under

3 the Illinois Parentage Act of 1984 or the Illinois Parentage

4 Act of 2015, or similar parentage law in any other state, if

5 that person has been convicted of or pled nolo contendere to a

6 crime that resulted in the conception of the child under

7 Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,

8 12-14.1, subsection (a) or (b) (but not subsection (c)) of

9 Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or

10 (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the

11 Criminal Code of 1961 or the Criminal Code of 2012, or similar

12 statute in another jurisdiction unless upon motion of any

13 party, other than the offender, to the juvenile court

14 proceedings the court finds it is in the child's best interest

15 to deem the offender a parent for purposes of the juvenile

16 court proceedings.

17 (11.1) "Permanency goal" means a goal set by the court as

18 defined in subdivision (2) of Section 2-28.

19 (11.2) "Permanency hearing" means a hearing to set the

20 permanency goal and to review and determine (i) the

21 appropriateness of the services contained in the plan and

22 whether those services have been provided, (ii) whether

23 reasonable efforts have been made by all the parties to the

24 service plan to achieve the goal, and (iii) whether the plan

25 and goal have been achieved.

26 (12) "Petition" means the petition provided for in Section

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1 2-13, 3-15, 4-12, or 5-520, including any supplemental

2 petitions thereunder in Section 3-15, 4-12, or 5-520.

3 (12.1) "Physically capable adult relative" means a person

4 21 years of age or older who does not have a severe physical

5 disability or medical condition, or is not suffering from

6 alcoholism or drug addiction, that prevents the person from

7 providing the care necessary to safeguard the physical safety

8 and welfare of a minor who is left in that person's care by the

9 parent or parents or other person responsible for the minor's

10 welfare.

11 (12.2) "Post Permanency Sibling Contact Agreement" has the

12 meaning ascribed to the term in Section 7.4 of the Children and

13 Family Services Act.

14 (12.3) "Residential treatment center" means a licensed

15 setting that provides 24-hour care to children in a group home

16 or institution, including a facility licensed as a child care

17 institution under Section 2.06 of the Child Care Act of 1969, a

18 licensed group home under Section 2.16 of the Child Care Act of

19 1969, a qualified residential treatment program under Section

20 2.35 of the Child Care Act of 1969, a secure child care

21 facility as defined in paragraph (18) of this Section, or any

22 similar facility in another state. "Residential treatment

23 center" does not include a relative foster home or a licensed

24 foster family home.

25 (13) "Residual parental rights and responsibilities" means

26 those rights and responsibilities remaining with the parent

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1 after the transfer of legal custody or guardianship of the

2 person, including, but not necessarily limited to, the right

3 to reasonable visitation (which may be limited by the court in

4 the best interests of the minor as provided in subsection

5 (8)(b) of this Section), the right to consent to adoption, the

6 right to determine the minor's religious affiliation, and the

7 responsibility for the minor's support.

8 (14) "Shelter" means the temporary care of a minor in

9 physically unrestricting facilities pending court disposition

10 or execution of court order for placement.

11 (14.05) "Shelter placement" means a temporary or emergency

12 placement for a minor, including an emergency foster home

13 placement.

14 (14.1) "Sibling Contact Support Plan" has the meaning

15 ascribed to the term in Section 7.4 of the Children and Family

16 Services Act.

17 (14.2) "Significant event report" means a written document

18 describing an occurrence or event beyond the customary

19 operations, routines, or relationships in the Department of

20 Children of Family Services, a child care facility, or other

21 entity that is licensed or regulated by the Department of

22 Children of Family Services or that provides services for the

23 Department of Children of Family Services under a grant,

24 contract, or purchase of service agreement; involving children

25 or youth, employees, foster parents, or relative caregivers;

26 allegations of abuse or neglect or any other incident raising

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1 a concern about the well-being of a minor under the

2 jurisdiction of the court under Article II of the Juvenile

3 Court Act of 1987; incidents involving damage to property,

4 allegations of criminal activity, misconduct, or other

5 occurrences affecting the operations of the Department of

6 Children of Family Services or a child care facility; any

7 incident that could have media impact; and unusual incidents

8 as defined by Department of Children and Family Services rule.

9 (15) "Station adjustment" means the informal handling of

10 an alleged offender by a juvenile police officer.

11 (16) "Ward of the court" means a minor who is so adjudged

12 under Section 2-22, 3-23, 4-20, or 5-705, after a finding of

13 the requisite jurisdictional facts, and thus is subject to the

14 dispositional powers of the court under this Act.

15 (17) "Juvenile police officer" means a sworn police

16 officer who has completed a Basic Recruit Training Course, has

17 been assigned to the position of juvenile police officer by

18 the officer's chief law enforcement officer and has completed

19 the necessary juvenile officers training as prescribed by the

20 Illinois Law Enforcement Training Standards Board, or in the

21 case of a State police officer, juvenile officer training

22 approved by the Director of the Illinois State Police.

23 (18) "Secure child care facility" means any child care

24 facility licensed by the Department of Children and Family

25 Services to provide secure living arrangements for children

26 under 18 years of age who are subject to placement in

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1 facilities under the Children and Family Services Act and who

2 are not subject to placement in facilities for whom standards

3 are established by the Department of Corrections under Section

4 3-15-2 of the Unified Code of Corrections. "Secure child care

5 facility" also means a facility that is designed and operated

6 to ensure that all entrances and exits from the facility, a

7 building, or a distinct part of the building are under the

8 exclusive control of the staff of the facility, whether or not

9 the child has the freedom of movement within the perimeter of

10 the facility, building, or distinct part of the building.

11 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;

12 103-564, eff. 11-17-23.)

13 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)

14 Sec. 2-10. Temporary custody hearing. At the appearance of

15 the minor before the court at the temporary custody hearing,

16 all witnesses present shall be examined before the court in

17 relation to any matter connected with the allegations made in

18 the petition.

19 (1) If the court finds that there is not probable cause to

20 believe that the minor is abused, neglected, or dependent it

21 shall release the minor and dismiss the petition.

22 (2) If the court finds that there is probable cause to

23 believe that the minor is abused, neglected, or dependent, the

24 court shall state in writing the factual basis supporting its

25 finding and the minor, the minor's parent, guardian, or

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1 custodian, and other persons able to give relevant testimony

2 shall be examined before the court. The Department of Children

3 and Family Services shall give testimony concerning indicated

4 reports of abuse and neglect, of which they are aware through

5 the central registry, involving the minor's parent, guardian,

6 or custodian. After such testimony, the court may, consistent

7 with the health, safety, and best interests of the minor,

8 enter an order that the minor shall be released upon the

9 request of parent, guardian, or custodian if the parent,

10 guardian, or custodian appears to take custody. If it is

11 determined that a parent's, guardian's, or custodian's

12 compliance with critical services mitigates the necessity for

13 removal of the minor from the minor's home, the court may enter

14 an Order of Protection setting forth reasonable conditions of

15 behavior that a parent, guardian, or custodian must observe

16 for a specified period of time, not to exceed 12 months,

17 without a violation; provided, however, that the 12-month

18 period shall begin anew after any violation. "Custodian"

19 includes the Department of Children and Family Services, if it

20 has been given custody of the child, or any other agency of the

21 State which has been given custody or wardship of the child. If

22 it is consistent with the health, safety, and best interests

23 of the minor, the court may also prescribe shelter care and

24 order that the minor be kept in a suitable place designated by

25 the court or in a shelter care facility designated by the

26 Department of Children and Family Services or a licensed child

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1 welfare agency; however, on and after January 1, 2015 (the

2 effective date of Public Act 98-803) and before January 1,

3 2017, a minor charged with a criminal offense under the

4 Criminal Code of 1961 or the Criminal Code of 2012 or

5 adjudicated delinquent shall not be placed in the custody of

6 or committed to the Department of Children and Family Services

7 by any court, except a minor less than 16 years of age and

8 committed to the Department of Children and Family Services

9 under Section 5-710 of this Act or a minor for whom an

10 independent basis of abuse, neglect, or dependency exists; and

11 on and after January 1, 2017, a minor charged with a criminal

12 offense under the Criminal Code of 1961 or the Criminal Code of

13 2012 or adjudicated delinquent shall not be placed in the

14 custody of or committed to the Department of Children and

15 Family Services by any court, except a minor less than 15 years

16 of age and committed to the Department of Children and Family

17 Services under Section 5-710 of this Act or a minor for whom an

18 independent basis of abuse, neglect, or dependency exists. An

19 independent basis exists when the allegations or adjudication

20 of abuse, neglect, or dependency do not arise from the same

21 facts, incident, or circumstances which give rise to a charge

22 or adjudication of delinquency.

23 In placing the minor, the Department or other agency

24 shall, to the extent compatible with the court's order, comply

25 with Section 7 of the Children and Family Services Act. In

26 determining the health, safety, and best interests of the

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1 minor to prescribe shelter care, the court must find that it is

2 a matter of immediate and urgent necessity for the safety, and

3 protection of the minor or of the person or property of another

4 that the minor be placed in a shelter care facility or that the

5 minor is likely to flee the jurisdiction of the court, and must

6 further find that active ~~reasonable~~ efforts have been made or

7 that, consistent with the health, safety and best interests of

8 the minor, no efforts reasonably can be made to prevent or

9 eliminate the necessity of removal of the minor from the

10 minor's home. The court shall require documentation from the

11 Department of Children and Family Services as to the active

12 ~~reasonable~~ efforts that were made to prevent or eliminate the

13 necessity of removal of the minor from the minor's home or the

14 reasons why no efforts reasonably could be made to prevent or

15 eliminate the necessity of removal. When a minor is placed in

16 the home of a relative, the Department of Children and Family

17 Services shall complete a preliminary background review of the

18 members of the minor's custodian's household in accordance

19 with Section 4.3 of the Child Care Act of 1969 within 90 days

20 of that placement. If the minor is ordered placed in a shelter

21 care facility of the Department of Children and Family

22 Services or a licensed child welfare agency, the court shall,

23 upon request of the appropriate Department or other agency,

24 appoint the Department of Children and Family Services

25 Guardianship Administrator or other appropriate agency

26 executive temporary custodian of the minor and the court may

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1 enter such other orders related to the temporary custody as it

2 deems fit and proper, including the provision of services to

3 the minor or the minor's family to ameliorate the causes

4 contributing to the finding of probable cause or to the

5 finding of the existence of immediate and urgent necessity.

6 Where the Department of Children and Family Services

7 Guardianship Administrator is appointed as the executive

8 temporary custodian, the Department of Children and Family

9 Services shall file with the court and serve on the parties a

10 parent-child visiting plan, within 10 days, excluding weekends

11 and holidays, after the appointment. The parent-child visiting

12 plan shall set out the time and place of visits, the frequency

13 of visits, the length of visits, who shall be present at the

14 visits, and where appropriate, the minor's opportunities to

15 have telephone and mail communication with the parents.

16 Where the Department of Children and Family Services

17 Guardianship Administrator is appointed as the executive

18 temporary custodian, and when the child has siblings in care,

19 the Department of Children and Family Services shall file with

20 the court and serve on the parties a sibling placement and

21 contact plan within 10 days, excluding weekends and holidays,

22 after the appointment. The sibling placement and contact plan

23 shall set forth whether the siblings are placed together, and

24 if they are not placed together, what, if any, efforts are

25 being made to place them together. If the Department has

26 determined that it is not in a child's best interest to be

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1 placed with a sibling, the Department shall document in the

2 sibling placement and contact plan the basis for its

3 determination. For siblings placed separately, the sibling

4 placement and contact plan shall set the time and place for

5 visits, the frequency of the visits, the length of visits, who

6 shall be present for the visits, and where appropriate, the

7 child's opportunities to have contact with their siblings in

8 addition to in person contact. If the Department determines it

9 is not in the best interest of a sibling to have contact with a

10 sibling, the Department shall document in the sibling

11 placement and contact plan the basis for its determination.

12 The sibling placement and contact plan shall specify a date

13 for development of the Sibling Contact Support Plan, under

14 subsection (f) of Section 7.4 of the Children and Family

15 Services Act, and shall remain in effect until the Sibling

16 Contact Support Plan is developed.

17 For good cause, the court may waive the requirement to

18 file the parent-child visiting plan or the sibling placement

19 and contact plan, or extend the time for filing either plan.

20 Any party may, by motion, request the court to review the

21 parent-child visiting plan to determine whether it is

22 reasonably calculated to expeditiously facilitate the

23 achievement of the permanency goal. A party may, by motion,

24 request the court to review the parent-child visiting plan or

25 the sibling placement and contact plan to determine whether it

26 is consistent with the minor's best interest. The court may

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1 refer the parties to mediation where available. The frequency,

2 duration, and locations of visitation shall be measured by the

3 needs of the child and family, and not by the convenience of

4 Department personnel. Child development principles shall be

5 considered by the court in its analysis of how frequent

6 visitation should be, how long it should last, where it should

7 take place, and who should be present. If upon motion of the

8 party to review either plan and after receiving evidence, the

9 court determines that the parent-child visiting plan is not

10 reasonably calculated to expeditiously facilitate the

11 achievement of the permanency goal or that the restrictions

12 placed on parent-child contact or sibling placement or contact

13 are contrary to the child's best interests, the court shall

14 put in writing the factual basis supporting the determination

15 and enter specific findings based on the evidence. The court

16 shall enter an order for the Department to implement changes

17 to the parent-child visiting plan or sibling placement or

18 contact plan, consistent with the court's findings. At any

19 stage of proceeding, any party may by motion request the court

20 to enter any orders necessary to implement the parent-child

21 visiting plan, sibling placement or contact plan, or

22 subsequently developed Sibling Contact Support Plan. Nothing

23 under this subsection (2) shall restrict the court from

24 granting discretionary authority to the Department to increase

25 opportunities for additional parent-child contacts or sibling

26 contacts, without further court orders. Nothing in this

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1 subsection (2) shall restrict the Department from immediately

2 restricting or terminating parent-child contact or sibling

3 contacts, without either amending the parent-child visiting

4 plan or the sibling contact plan or obtaining a court order,

5 where the Department or its assigns reasonably believe there

6 is an immediate need to protect the child's health, safety,

7 and welfare. Such restrictions or terminations must be based

8 on available facts to the Department and its assigns when

9 viewed in light of the surrounding circumstances and shall

10 only occur on an individual case-by-case basis. The Department

11 shall file with the court and serve on the parties any

12 amendments to the plan within 10 days, excluding weekends and

13 holidays, of the change of the visitation.

14 Acceptance of services shall not be considered an

15 admission of any allegation in a petition made pursuant to

16 this Act, nor may a referral of services be considered as

17 evidence in any proceeding pursuant to this Act, except where

18 the issue is whether the Department has made active ~~reasonable~~

19 efforts to reunite the family. In making its findings that it

20 is consistent with the health, safety, and best interests of

21 the minor to prescribe shelter care, the court shall state in

22 writing (i) the factual basis supporting its findings

23 concerning the immediate and urgent necessity for the

24 protection of the minor or of the person or property of another

25 and (ii) the factual basis supporting its findings that active

26 ~~reasonable~~ efforts were made to prevent or eliminate the

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1 removal of the minor from the minor's home or that no efforts

2 reasonably could be made to prevent or eliminate the removal

3 of the minor from the minor's home. The parents, guardian,

4 custodian, temporary custodian, and minor shall each be

5 furnished a copy of such written findings. The temporary

6 custodian shall maintain a copy of the court order and written

7 findings in the case record for the child. The order together

8 with the court's findings of fact in support thereof shall be

9 entered of record in the court.

10 Once the court finds that it is a matter of immediate and

11 urgent necessity for the protection of the minor that the

12 minor be placed in a shelter care facility, the minor shall not

13 be returned to the parent, custodian, or guardian until the

14 court finds that such placement is no longer necessary for the

15 protection of the minor.

16 If the child is placed in the temporary custody of the

17 Department of Children and Family Services for the minor's

18 protection, the court shall admonish the parents, guardian,

19 custodian, or responsible relative that the parents must

20 cooperate with the Department of Children and Family Services,

21 comply with the terms of the service plans, and correct the

22 conditions which require the child to be in care, or risk

23 termination of their parental rights. The court shall ensure,

24 by inquiring in open court of each parent, guardian,

25 custodian, or responsible relative, that the parent, guardian,

26 custodian, or responsible relative has had the opportunity to

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1 provide the Department with all known names, addresses, and

2 telephone numbers of each of the minor's living adult

3 relatives, including, but not limited to, grandparents,

4 siblings of the minor's parents, and siblings. The court shall

5 advise the parents, guardian, custodian, or responsible

6 relative to inform the Department if additional information

7 regarding the minor's adult relatives becomes available.

8 (3) If prior to the shelter care hearing for a minor

9 described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party

10 is unable to serve notice on the party respondent, the shelter

11 care hearing may proceed ex parte. A shelter care order from an

12 ex parte hearing shall be endorsed with the date and hour of

13 issuance and shall be filed with the clerk's office and

14 entered of record. The order shall expire after 10 days from

15 the time it is issued unless before its expiration it is

16 renewed, at a hearing upon appearance of the party respondent,

17 or upon an affidavit of the moving party as to all diligent

18 efforts to notify the party respondent by notice as herein

19 prescribed. The notice prescribed shall be in writing and

20 shall be personally delivered to the minor or the minor's

21 attorney and to the last known address of the other person or

22 persons entitled to notice. The notice shall also state the

23 nature of the allegations, the nature of the order sought by

24 the State, including whether temporary custody is sought, and

25 the consequences of failure to appear and shall contain a

26 notice that the parties will not be entitled to further

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1 written notices or publication notices of proceedings in this

2 case, including the filing of an amended petition or a motion

3 to terminate parental rights, except as required by Supreme

4 Court Rule 11; and shall explain the right of the parties and

5 the procedures to vacate or modify a shelter care order as

6 provided in this Section. The notice for a shelter care

7 hearing shall be substantially as follows:

8 NOTICE TO PARENTS AND CHILDREN

9 OF SHELTER CARE HEARING

10 On ................ at ........., before the Honorable

11 ................, (address:) ................., the State

12 of Illinois will present evidence (1) that (name of child

13 or children) ....................... are abused,

14 neglected, or dependent for the following reasons:

15 .............................................. and (2)

16 whether there is "immediate and urgent necessity" to

17 remove the child or children from the responsible

18 relative.

19 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN

20 PLACEMENT of the child or children in foster care until a

21 trial can be held. A trial may not be held for up to 90

22 days. You will not be entitled to further notices of

23 proceedings in this case, including the filing of an

24 amended petition or a motion to terminate parental rights.

25 At the shelter care hearing, parents have the

26 following rights:

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1 1. To ask the court to appoint a lawyer if they

2 cannot afford one.

3 2. To ask the court to continue the hearing to

4 allow them time to prepare.

5 3. To present evidence concerning:

6 a. Whether or not the child or children were

7 abused, neglected or dependent.

8 b. Whether or not there is "immediate and

9 urgent necessity" to remove the child from home

10 (including: their ability to care for the child,

11 conditions in the home, alternative means of

12 protecting the child other than removal).

13 c. The best interests of the child.

14 4. To cross examine the State's witnesses.

15 The Notice for rehearings shall be substantially as

16 follows:

17 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS

18 TO REHEARING ON TEMPORARY CUSTODY

19 If you were not present at and did not have adequate

20 notice of the Shelter Care Hearing at which temporary

21 custody of ............... was awarded to

22 ................, you have the right to request a full

23 rehearing on whether the State should have temporary

24 custody of ................. To request this rehearing,

25 you must file with the Clerk of the Juvenile Court

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1 (address): ........................, in person or by

2 mailing a statement (affidavit) setting forth the

3 following:

4 1. That you were not present at the shelter care

5 hearing.

6 2. That you did not get adequate notice

7 (explaining how the notice was inadequate).

8 3. Your signature.

9 4. Signature must be notarized.

10 The rehearing should be scheduled within 48 hours of

11 your filing this affidavit.

12 At the rehearing, your rights are the same as at the

13 initial shelter care hearing. The enclosed notice explains

14 those rights.

15 At the Shelter Care Hearing, children have the

16 following rights:

17 1. To have a guardian ad litem appointed.

18 2. To be declared competent as a witness and to

19 present testimony concerning:

20 a. Whether they are abused, neglected or

21 dependent.

22 b. Whether there is "immediate and urgent

23 necessity" to be removed from home.

24 c. Their best interests.

25 3. To cross examine witnesses for other parties.

26 4. To obtain an explanation of any proceedings and

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1 orders of the court.

2 (4) If the parent, guardian, legal custodian, responsible

3 relative, minor age 8 or over, or counsel of the minor did not

4 have actual notice of or was not present at the shelter care

5 hearing, the parent, guardian, legal custodian, responsible

6 relative, minor age 8 or over, or counsel of the minor may file

7 an affidavit setting forth these facts, and the clerk shall

8 set the matter for rehearing not later than 48 hours,

9 excluding Sundays and legal holidays, after the filing of the

10 affidavit. At the rehearing, the court shall proceed in the

11 same manner as upon the original hearing.

12 (5) Only when there is reasonable cause to believe that

13 the minor taken into custody is a person described in

14 subsection (3) of Section 5-105 may the minor be kept or

15 detained in a detention home or county or municipal jail. This

16 Section shall in no way be construed to limit subsection (6).

17 (6) No minor under 16 years of age may be confined in a

18 jail or place ordinarily used for the confinement of prisoners

19 in a police station. Minors under 18 years of age must be kept

20 separate from confined adults and may not at any time be kept

21 in the same cell, room, or yard with adults confined pursuant

22 to the criminal law.

23 (7) If the minor is not brought before a judicial officer

24 within the time period as specified in Section 2-9, the minor

25 must immediately be released from custody.

26 (8) If neither the parent, guardian, or custodian appears

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1 within 24 hours to take custody of a minor released upon

2 request pursuant to subsection (2) of this Section, then the

3 clerk of the court shall set the matter for rehearing not later

4 than 7 days after the original order and shall issue a summons

5 directed to the parent, guardian, or custodian to appear. At

6 the same time the probation department shall prepare a report

7 on the minor. If a parent, guardian, or custodian does not

8 appear at such rehearing, the judge may enter an order

9 prescribing that the minor be kept in a suitable place

10 designated by the Department of Children and Family Services

11 or a licensed child welfare agency.

12 (9) Notwithstanding any other provision of this Section

13 any interested party, including the State, the temporary

14 custodian, an agency providing services to the minor or family

15 under a service plan pursuant to Section 8.2 of the Abused and

16 Neglected Child Reporting Act, foster parent, or any of their

17 representatives, on notice to all parties entitled to notice,

18 may file a motion that it is in the best interests of the minor

19 to modify or vacate a temporary custody order on any of the

20 following grounds:

21 (a) It is no longer a matter of immediate and urgent

22 necessity that the minor remain in shelter care; or

23 (b) There is a material change in the circumstances of

24 the natural family from which the minor was removed and

25 the child can be cared for at home without endangering the

26 child's health or safety; or

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1 (c) A person not a party to the alleged abuse, neglect

2 or dependency, including a parent, relative, or legal

3 guardian, is capable of assuming temporary custody of the

4 minor; or

5 (d) Services provided by the Department of Children

6 and Family Services or a child welfare agency or other

7 service provider have been successful in eliminating the

8 need for temporary custody and the child can be cared for

9 at home without endangering the child's health or safety.

10 In ruling on the motion, the court shall determine whether

11 it is consistent with the health, safety, and best interests

12 of the minor to modify or vacate a temporary custody order. If

13 the minor is being restored to the custody of a parent, legal

14 custodian, or guardian who lives outside of Illinois, and an

15 Interstate Compact has been requested and refused, the court

16 may order the Department of Children and Family Services to

17 arrange for an assessment of the minor's proposed living

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

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

20 protective supervision entered in accordance with Section 2-20

21 or 2-25.

22 The clerk shall set the matter for hearing not later than

23 14 days after such motion is filed. In the event that the court

24 modifies or vacates a temporary custody order but does not

25 vacate its finding of probable cause, the court may order that

26 appropriate services be continued or initiated in behalf of

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1 the minor and the minor's family.

2 (10) When the court finds or has found that there is

3 probable cause to believe a minor is an abused minor as

4 described in subsection (2) of Section 2-3 and that there is an

5 immediate and urgent necessity for the abused minor to be

6 placed in shelter care, immediate and urgent necessity shall

7 be presumed for any other minor residing in the same household

8 as the abused minor provided:

9 (a) Such other minor is the subject of an abuse or

10 neglect petition pending before the court; and

11 (b) A party to the petition is seeking shelter care

12 for such other minor.

13 Once the presumption of immediate and urgent necessity has

14 been raised, the burden of demonstrating the lack of immediate

15 and urgent necessity shall be on any party that is opposing

16 shelter care for the other minor.

17 (11) The changes made to this Section by Public Act 98-61

18 apply to a minor who has been arrested or taken into custody on

19 or after January 1, 2014 (the effective date of Public Act

20 98-61).

21 (12) After the court has placed a minor in the care of a

22 temporary custodian pursuant to this Section, any party may

23 file a motion requesting the court to grant the temporary

24 custodian the authority to serve as a surrogate decision maker

25 for the minor under the Health Care Surrogate Act for purposes

26 of making decisions pursuant to paragraph (1) of subsection

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1 (b) of Section 20 of the Health Care Surrogate Act. The court

2 may grant the motion if it determines by clear and convincing

3 evidence that it is in the best interests of the minor to grant

4 the temporary custodian such authority. In making its

5 determination, the court shall weigh the following factors in

6 addition to considering the best interests factors listed in

7 subsection (4.05) of Section 1-3 of this Act:

8 (a) the efforts to identify and locate the respondents

9 and adult family members of the minor and the results of

10 those efforts;

11 (b) the efforts to engage the respondents and adult

12 family members of the minor in decision making on behalf

13 of the minor;

14 (c) the length of time the efforts in paragraphs (a)

15 and (b) have been ongoing;

16 (d) the relationship between the respondents and adult

17 family members and the minor;

18 (e) medical testimony regarding the extent to which

19 the minor is suffering and the impact of a delay in

20 decision-making on the minor; and

21 (f) any other factor the court deems relevant.

22 If the Department of Children and Family Services is the

23 temporary custodian of the minor, in addition to the

24 requirements of paragraph (1) of subsection (b) of Section 20

25 of the Health Care Surrogate Act, the Department shall follow

26 its rules and procedures in exercising authority granted under

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1 this subsection.

2 (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;

3 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; revised 9-20-23.)

4 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)

5 Sec. 2-13. Petition.

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

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

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

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

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

11 all subsequent court documents shall be entitled "In the

12 interest of ...., a minor".

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

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

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

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

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

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

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

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

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

22 names and residences of the minor's parents; (d) the name and

23 residence of the minor's legal guardian or the person or

24 persons having custody or control of the minor, or of the

25 nearest known relative if no parent or guardian can be found;

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1 and (e) if the minor upon whose behalf the petition is brought

2 is sheltered in custody, the date on which such temporary

3 custody was ordered by the court or the date set for a

4 temporary custody hearing. If any of the facts herein required

5 are not known by the petitioner, the petition shall so state.

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

7 interests of the minor and of the public that the minor be

8 adjudged a ward of the court and may pray generally for relief

9 available under this Act. The petition need not specify any

10 proposed disposition following adjudication of wardship. The

11 petition may request that the minor remain in the custody of

12 the parent, guardian, or custodian under an Order of

13 Protection.

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

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

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

25 a dispositional order under Section 2-22.

26 (4.5) (a) Unless good cause exists that filing a petition

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

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

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

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

5 or motion for termination of parental rights and appointment

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

7 the minor under Section 2-29 if:

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

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

10 months; or

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

12 previously determined to be abandoned at an adjudicatory

13 hearing; or

14 (iii) the parent is criminally convicted of:

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

16 any child;

17 (B) attempt or conspiracy to commit first degree

18 murder or second degree murder of any child;

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

20 solicitation to commit murder for hire of any child,

21 or solicitation to commit second degree murder of any

22 child;

23 (D) aggravated battery, aggravated battery of a

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

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

26 the minor;

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

2 (E-5) aggravated criminal sexual assault;

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

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

5 of 1961 or the Criminal Code of 2012;

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

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

8 (E-25) criminal sexual assault; or

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

10 which are similar and bear a substantial relationship

11 to any of the foregoing offenses.

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

13 exists in the following circumstances:

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

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

16 compelling reason for determining that filing such

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

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

19 months that the Department has failed to make active

20 ~~reasonable~~ efforts to reunify the child and family, or

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

22 incarceration is a significant factor in why the child has

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

24 period, the parent maintains a meaningful role in the

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

26 another reason why it would otherwise be appropriate to

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1 file a petition to terminate parental rights pursuant to

2 this Section and the Adoption Act. The assessment of

3 whether an incarcerated parent maintains a meaningful role

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

5 following:

6 (A) the child's best interest;

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

8 manifesting concern for the child, such as letters,

9 telephone calls, visits, and other forms of

10 communication with the child and the impact of the

11 communication on the child;

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

13 work with the Department for the purpose of complying

14 with the service plan and repairing, maintaining, or

15 building the parent-child relationship; or

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

17 support programs, therapeutic services, visiting

18 opportunities, telephone and mail services, and

19 meaningful participation in court proceedings.

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

21 foster care is defined as the earlier of:

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

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

24 dependent minor; or

25 (2) 60 days after the date on which the child is

26 removed from the child's parent, guardian, or legal

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LRB103 37041 RLC 67156 b

1 custodian.

2 (c) (Blank).

3 (d) (Blank).

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

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

6 amend, or supplement factual allegations that form the basis

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

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

9 and prior to the adjudicatory hearing if the court grants

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

11 allow amendment of the petition to conform with the evidence

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

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

14 allegations, the court shall permit the respondent an adequate

15 opportunity to prepare a defense to the amended petition.

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

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

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

19 motion shall specify sufficient facts in support of the relief

20 requested.

21 (Source: P.A. 103-22, eff. 8-8-23.)

22 (705 ILCS 405/2-13.1)

23 Sec. 2-13.1. Early termination of active ~~reasonable~~

24 efforts.

25 (1) (a) In conjunction with, or at any time subsequent to,

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1 the filing of a petition on behalf of a minor in accordance

2 with Section 2-13 of this Act, the State's Attorney, the

3 guardian ad litem, or the Department of Children and Family

4 Services may file a motion requesting a finding that active

5 ~~reasonable~~ efforts to reunify that minor with the minor's

6 parent or parents are no longer required and are to cease.

7 (b) The court shall grant this motion with respect to a

8 parent of the minor if the court finds after a hearing that the

9 parent has:

10 (i) had parental rights to another child of the parent

11 involuntarily terminated; or

12 (ii) been convicted of:

13 (A) first degree or second degree murder of

14 another child of the parent;

15 (B) attempt or conspiracy to commit first degree

16 or second degree murder of another child of the

17 parent;

18 (C) solicitation to commit murder of another child

19 of the parent, solicitation to commit murder for hire

20 of another child of the parent, or solicitation to

21 commit second degree murder of another child of the

22 parent;

23 (D) aggravated battery, aggravated battery of a

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

25 resulted in serious bodily injury to the minor or

26 another child of the parent; or

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1 (E) an offense in any other state the elements of

2 which are similar and bear substantial relationship to

3 any of the foregoing offenses

4 unless the court sets forth in writing a compelling reason why

5 terminating active ~~reasonable~~ efforts to reunify the minor

6 with the parent would not be in the best interests of that

7 minor.

8 (c) The court shall also grant this motion with respect to

9 a parent of the minor if:

10 (i) after a hearing it determines that further

11 reunification services would no longer be appropriate, and

12 (ii) a dispositional hearing has already taken place.

13 (2) (a) The court shall hold a permanency hearing within

14 30 days of granting a motion pursuant to this subsection. If an

15 adjudicatory or a dispositional hearing, or both, has not

16 taken place when the court grants a motion pursuant to this

17 Section, then either or both hearings shall be held as needed

18 so that both take place on or before the date a permanency

19 hearing is held pursuant to this subsection.

20 (b) Following a permanency hearing held pursuant to

21 paragraph (a) of this subsection, the appointed custodian or

22 guardian of the minor shall make reasonable efforts to place

23 the child in accordance with the permanency plan and goal set

24 by the court, and to complete the necessary steps to locate and

25 finalize a permanent placement.

26 (Source: P.A. 103-22, eff. 8-8-23.)

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1 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)

2 Sec. 2-21. Findings and adjudication.

3 (1) The court shall state for the record the manner in

4 which the parties received service of process and shall note

5 whether the return or returns of service, postal return

6 receipt or receipts for notice by certified mail, or

7 certificate or certificates of publication have been filed in

8 the court record. The court shall enter any appropriate orders

9 of default against any parent who has been properly served in

10 any manner and fails to appear.

11 No further service of process as defined in Sections 2-15

12 and 2-16 is required in any subsequent proceeding for a parent

13 who was properly served in any manner, except as required by

14 Supreme Court Rule 11.

15 The caseworker shall testify about the diligent search

16 conducted for the parent.

17 After hearing the evidence the court shall determine

18 whether or not the minor is abused, neglected, or dependent.

19 If it finds that the minor is not such a person, the court

20 shall order the petition dismissed and the minor discharged.

21 The court's determination of whether the minor is abused,

22 neglected, or dependent shall be stated in writing with the

23 factual basis supporting that determination.

24 If the court finds that the minor is abused, neglected, or

25 dependent, the court shall then determine and put in writing

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1 the factual basis supporting that determination, and specify,

2 to the extent possible, the acts or omissions or both of each

3 parent, guardian, or legal custodian that form the basis of

4 the court's findings. That finding shall appear in the order

5 of the court.

6 If the court finds that the child has been abused,

7 neglected or dependent, the court shall admonish the parents

8 that they must cooperate with the Department of Children and

9 Family Services, comply with the terms of the service plan,

10 and correct the conditions that require the child to be in

11 care, or risk termination of parental rights.

12 If the court determines that a person has inflicted

13 physical or sexual abuse upon a minor, the court shall report

14 that determination to the Illinois State Police, which shall

15 include that information in its report to the President of the

16 school board for a school district that requests a criminal

17 history records check of that person, or the regional

18 superintendent of schools who requests a check of that person,

19 as required under Section 10-21.9 or 34-18.5 of the School

20 Code.

21 (2) If, pursuant to subsection (1) of this Section, the

22 court determines and puts in writing the factual basis

23 supporting the determination that the minor is either abused

24 or neglected or dependent, the court shall then set a time not

25 later than 30 days after the entry of the finding for a

26 dispositional hearing (unless an earlier date is required

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1 pursuant to Section 2-13.1) to be conducted under Section 2-22

2 at which hearing the court shall determine whether it is

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

4 minor and the public that he be made a ward of the court. To

5 assist the court in making this and other determinations at

6 the dispositional hearing, the court may order that an

7 investigation be conducted and a dispositional report be

8 prepared concerning the minor's physical and mental history

9 and condition, family situation and background, economic

10 status, education, occupation, history of delinquency or

11 criminality, personal habits, and any other information that

12 may be helpful to the court. The dispositional hearing may be

13 continued once for a period not to exceed 30 days if the court

14 finds that such continuance is necessary to complete the

15 dispositional report.

16 (3) The time limits of this Section may be waived only by

17 consent of all parties and approval by the court, as

18 determined to be consistent with the health, safety and best

19 interests of the minor.

20 (4) For all cases adjudicated prior to July 1, 1991, for

21 which no dispositional hearing has been held prior to that

22 date, a dispositional hearing under Section 2-22 shall be held

23 within 90 days of July 1, 1991.

24 (5) The court may terminate the parental rights of a

25 parent at the initial dispositional hearing if all of the

26 following conditions are met:

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1 (i) the original or amended petition contains a

2 request for termination of parental rights and appointment

3 of a guardian with power to consent to adoption; and

4 (ii) the court has found by a preponderance of

5 evidence, introduced or stipulated to at an adjudicatory

6 hearing, that the child comes under the jurisdiction of

7 the court as an abused, neglected, or dependent minor

8 under Section 2-18; and

9 (iii) the court finds, on the basis of clear and

10 convincing evidence admitted at the adjudicatory hearing

11 that the parent is an unfit person under subdivision D of

12 Section 1 of the Adoption Act; and

13 (iv) the court determines in accordance with the rules

14 of evidence for dispositional proceedings, that:

15 (A) it is in the best interest of the minor and

16 public that the child be made a ward of the court;

17 (A-5) active ~~reasonable~~ efforts under subsection

18 (l-1) of Section 5 of the Children and Family Services

19 Act are inappropriate or such efforts were made and

20 were unsuccessful; and

21 (B) termination of parental rights and appointment

22 of a guardian with power to consent to adoption is in

23 the best interest of the child pursuant to Section

24 2-29.

25 (Source: P.A. 102-538, eff. 8-20-21.)

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1 (705 ILCS 405/2-28)

2 Sec. 2-28. Court review.

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

4 of the person appointed under this Act to report periodically

5 to the court or may cite the legal custodian or guardian into

6 court and require the legal custodian, guardian, or the legal

7 custodian's or guardian's agency to make a full and accurate

8 report of the doings of the legal custodian, guardian, or

9 agency on behalf of the minor. The custodian or guardian,

10 within 10 days after such citation, or earlier if the court

11 determines it to be necessary to protect the health, safety,

12 or welfare of the minor, shall make the report, either in

13 writing verified by affidavit or orally under oath in open

14 court, or otherwise as the court directs. Upon the hearing of

15 the report the court may remove the custodian or guardian and

16 appoint another in the custodian's or guardian's stead or

17 restore the minor to the custody of the minor's parents or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7 minor.

8 (1.5) The public agency that is the custodian or guardian

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

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

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

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

13 minor is clinically ready for discharge or beyond medical

14 necessity for the minor's health; or

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

16 Justice facility solely because the public agency cannot

17 find an appropriate placement for the minor.

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

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

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

21 future placement has been identified by the Department, why

22 the anticipated placement is appropriate for the needs of the

23 minor and the anticipated placement date.

24 (1.6) Within 30 days after placing a child in its care in a

25 qualified residential treatment program, as defined by the

26 federal Social Security Act, the Department of Children and

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1 Family Services shall prepare a written report for filing with

2 the court and send copies of the report to all parties. Within

3 20 days of the filing of the report, or as soon thereafter as

4 the court's schedule allows but not more than 60 days from the

5 date of placement, the court shall hold a hearing to consider

6 the Department's report and determine whether placement of the

7 child in a qualified residential treatment program provides

8 the most effective and appropriate level of care for the child

9 in the least restrictive environment and if the placement is

10 consistent with the short-term and long-term goals for the

11 child, as specified in the permanency plan for the child. The

12 court shall approve or disapprove the placement. If

13 applicable, the requirements of Sections 2-27.1 and 2-27.2

14 must also be met. The Department's written report and the

15 court's written determination shall be included in and made

16 part of the case plan for the child. If the child remains

17 placed in a qualified residential treatment program, the

18 Department shall submit evidence at each status and permanency

19 hearing:

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

21 strengths and needs of the child continues to support the

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

23 placement in a foster family home, that the placement

24 provides the most effective and appropriate level of care

25 for the child in the least restrictive, appropriate

26 environment, and that the placement is consistent with the

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

2 specified in the permanency plan for the child;

3 (2) documenting the specific treatment or service

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

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

6 treatment or services; and

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

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

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

10 foster family home.

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

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

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

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

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

16 temporary custody was taken, regardless of whether an

17 adjudication or dispositional hearing has been completed

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

19 parents have been terminated in accordance with the procedure

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

21 the order for termination of parental rights and appointment

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

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

24 permanency hearings shall be held every 6 months or more

25 frequently if necessary in the court's determination following

26 the initial permanency hearing, in accordance with the

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1 standards set forth in this Section, until the court

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

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

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

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

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

7 relative or other person and the court determines that further

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

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

10 permanent placement. The permanency hearings must occur within

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

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

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

14 written report means the one required under the next paragraph

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

16 paragraph).

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

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

19 shall ensure that all parties to the permanency hearings are

20 provided a copy of the most recent service plan prepared

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

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

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

24 special physical, psychological, educational, medical,

25 emotional, or other needs of the minor or the minor's family

26 that are relevant to a permanency or placement determination

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

2 the programs and services that will enable the minor to

3 prepare for independent living. If not contained in the

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

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

6 corrective plan by the Department due to concerns impacting

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

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

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

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

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

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

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

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

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

16 why the other permanency goals are not appropriate. The

17 caseworker must appear and testify at the permanency hearing.

18 If a permanency hearing has not previously been scheduled by

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

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

21 frames set forth in this subsection.

22 At the permanency hearing, the court shall determine the

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

24 following permanency goals:

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

26 within 5 months.

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

2 continued goal to return home within a period not to

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

4 parents is substantial giving particular consideration to

5 the age and individual needs of the minor.

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

7 continued goal to return home pending a status hearing.

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

9 efforts or reasonable progress to date, the court shall

10 identify what actions the parent and the Department must

11 take in order to justify a finding of reasonable efforts

12 or reasonable progress and shall set a status hearing to

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

14 adjudication nor later than 11 months from the date of

15 adjudication during which the parent's progress will again

16 be reviewed.

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

18 determination on termination of parental rights.

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

20 terminated or relinquished.

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

22 to an individual or couple on a permanent basis provided

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

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

25 confirm that the Department has discussed adoption, if

26 appropriate, and guardianship with the caregiver prior to

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1 changing a goal to guardianship.

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

3 pending independence. In selecting this permanency goal,

4 the Department of Children and Family Services may provide

5 services to enable reunification and to strengthen the

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

7 responsible adults, provided the services are in the

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

9 the service plan.

10 (G) The minor will be in substitute care because the

11 minor cannot be provided for in a home environment due to

12 developmental disabilities or mental illness or because

13 the minor is a danger to self or others, provided that

14 goals (A) through (D) have been deemed inappropriate and

15 not in the child's best interests.

16 In selecting any permanency goal, the court shall indicate

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

18 preceding goals were deemed inappropriate and not in the

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

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

21 of Children and Family Services shall not provide further

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

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

24 with the goal selected.

25 (H) Notwithstanding any other provision in this

26 Section, the court may select the goal of continuing

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1 foster care as a permanency goal if:

2 (1) The Department of Children and Family Services

3 has custody and guardianship of the minor;

4 (2) The court has deemed all other permanency

5 goals inappropriate based on the child's best

6 interest;

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

8 on written documentation reviewed by the court, to

9 place the minor in continuing foster care. Compelling

10 reasons include:

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

12 be placed in the guardianship of the minor's

13 relative or foster care placement;

14 (b) the child exhibits an extreme level of

15 need such that the removal of the child from the

16 minor's placement would be detrimental to the

17 child; or

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

19 permanency hearing has existing close and strong

20 bonds with a sibling, and achievement of another

21 permanency goal would substantially interfere with

22 the subject child's sibling relationship, taking

23 into consideration the nature and extent of the

24 relationship, and whether ongoing contact is in

25 the subject child's best interest, including

26 long-term emotional interest, as compared with the

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1 legal and emotional benefit of permanence;

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

3 foster parent for at least one year; and

4 (5) The relative or foster parent currently caring

5 for the child is willing and capable of providing the

6 child with a stable and permanent environment.

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

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

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

10 regarding the proposed permanency or transition plan for the

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

12 factors:

13 (1) Age of the child.

14 (2) Options available for permanence, including both

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

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

17 the family regarding adoption.

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

19 condition of the child.

20 (5) Types of services previously offered and whether

21 or not the services were successful and, if not

22 successful, the reasons the services failed.

23 (6) Availability of services currently needed and

24 whether the services exist.

25 (7) Status of siblings of the minor.

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

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

2 contained in the plan and whether those services have been

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

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

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

6 evidence relevant to determining these questions, including

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

8 to the extent of their probative value. If the court makes

9 findings that the Department has failed to make active efforts

10 to provide services as provided in the service plan, the

11 court's order shall specify each party that failure applies to

12 and the applicable time period.

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

14 of Section 8.2 of the Abused and Neglected Child Reporting

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

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

17 not reasonably related to remedying a condition or conditions

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

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

20 shall include services reasonably related to remedy the

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

22 of the child's parents, guardian, or legal custodian or that

23 the court has found must be remedied prior to returning the

24 child home. Any tasks the court requires of the parents,

25 guardian, or legal custodian or child prior to returning the

26 child home must be reasonably related to remedying a condition

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

2 finding of child abuse or neglect.

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

4 make findings that identify any problems that are causing

5 continued placement of the children away from the home and

6 identify what outcomes would be considered a resolution to

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

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

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

10 presented to the court.

11 The court shall review the Sibling Contact Support Plan

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

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

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

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

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

17 may enter an order requiring the Department to develop,

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

19 mediation.

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

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

22 and status to those findings.

23 If, after receiving evidence, the court determines that

24 the services contained in the plan are not reasonably

25 calculated to facilitate achievement of the permanency goal,

26 the court shall put in writing the factual basis supporting

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1 the determination and enter specific findings based on the

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

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

4 implement changes to the current service plan consistent with

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

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

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

8 service plan is filed. Except as authorized by subsection

9 (2.5) of this Section and as otherwise specifically authorized

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

11 specific placements, specific services, or specific service

12 providers to be included in the service plan.

13 A guardian or custodian appointed by the court pursuant to

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

15 months.

16 Rights of wards of the court under this Act are

17 enforceable against any public agency by complaints for relief

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

19 (2.5) If, after reviewing the evidence, including evidence

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

21 current or planned placement is not necessary or appropriate

22 to facilitate achievement of the permanency goal, the court

23 shall put in writing the factual basis supporting its

24 determination and enter specific findings based on the

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

26 planned placement is not necessary or appropriate, the court

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1 may enter an order directing the Department to implement a

2 recommendation by the minor's treating clinician or a

3 clinician contracted by the Department to evaluate the minor

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

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

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

7 the minor from that placement when a change in circumstances

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

9 safety, and best interest. If the Department determines

10 removal is necessary, the Department shall notify the parties

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

12 days prior to the implementation of its determination unless

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

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

15 parties of the placement change in writing immediately

16 following the implementation of its decision. The Department

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

18 placement as required by Department rule.

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

20 enter a written order that includes the determinations

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

22 the following:

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

24 permanency goal, and any order necessary to conform the

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

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

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1 achieved immediately, the specific reasons for continuing

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

3 Family Services or other agency for short-term placement,

4 and the following determinations:

5 (i) (Blank).

6 (ii) Whether the services required by the court

7 and by any service plan prepared within the prior 6

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

9 services were reasonably calculated to facilitate the

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

11 provided, why the services were not provided.

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

13 placement is necessary, and appropriate to the plan

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

15 restrictive (most family-like) setting available and

16 in close proximity to the parents' home consistent

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

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

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

20 continues to be appropriate and consistent with the

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

22 (iv) (Blank).

23 (v) (Blank).

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

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

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

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1 the restoration of the minor to the custody of the minor's

2 parents or former guardian or custodian.

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

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

5 parent or relative caregiver seeking private guardianship

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

7 Appointment of a guardian under this Section requires

8 approval of the court.

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

10 terminate parental rights of any parent who has failed to

11 make reasonable efforts to correct the conditions which

12 led to the removal of the child or reasonable progress

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

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

15 other unfitness ground for terminating parental rights as

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

17 Act exists.

18 When parental rights have been terminated for a

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

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

21 currently placed in a placement likely to achieve

22 permanency, the Department of Children and Family Services

23 shall make active ~~reasonable~~ efforts to locate parents

24 whose rights have been terminated, except when the Court

25 determines that those efforts would be futile or

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

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1 Department of Children and Family Services shall assess

2 the appropriateness of the parent whose rights have been

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

4 connections between the parent whose rights have been

5 terminated and the youth. The Department of Children and

6 Family Services shall document its determinations and

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

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

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

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

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

12 for at home without endangering the minor's health or safety

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

14 neglect, abuse, or dependency is found by the court under

15 paragraph (1) of Section 2-21 of this Act to have come about

16 due to the acts or omissions or both of such parent, guardian,

17 or legal custodian, until such time as an investigation is

18 made as provided in paragraph (5) and a hearing is held on the

19 issue of the health, safety, and best interest of the minor and

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

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

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

23 minor. If a motion is filed to modify or vacate a private

24 guardianship order and return the child to a parent, guardian,

25 or legal custodian, the court may order the Department of

26 Children and Family Services to assess the minor's current and

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1 proposed living arrangements and to provide ongoing monitoring

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

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

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

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

6 for an order terminating the minor's guardianship or custody,

7 guardianship or custody shall terminate automatically 30 days

8 after the receipt of the petition unless the court orders

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

10 removed without the legal custodian's or guardian's consent

11 until given notice and an opportunity to be heard by the court.

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

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

14 parents to cooperate with the Department of Children and

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

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

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

18 an order of protective supervision in accordance with Section

19 2-24.

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

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

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

23 court may order the Department of Children and Family Services

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

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

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

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1 protective supervision entered in accordance with Section

2 2-24.

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

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

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

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

7 investigation as to whether the movant has ever been charged

8 with or convicted of any criminal offense which would indicate

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

10 Evidence of such criminal convictions shall be taken into

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

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

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

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

15 thereof shall cooperate with the agent of the court in

16 providing any information sought in the investigation.

17 (b) The information derived from the investigation and

18 any conclusions or recommendations derived from the

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

20 legal custodian seeking restoration of custody prior to

21 the hearing on fitness and the movant shall have an

22 opportunity at the hearing to refute the information or

23 contest its significance.

24 (c) All information obtained from any investigation

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

26 Act.

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1 (Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;

2 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.

3 6-30-23; 103-171, eff. 1-1-24; revised 12-15-23.)

4 Section 10. The Adoption Act is amended by changing

5 Section 1 as follows:

6 (750 ILCS 50/1) (from Ch. 40, par. 1501)

7 Sec. 1. Definitions. When used in this Act, unless the

8 context otherwise requires:

9 A. "Child" means a person under legal age subject to

10 adoption under this Act.

11 B. "Related child" means a child subject to adoption where

12 either or both of the adopting parents stands in any of the

13 following relationships to the child by blood, marriage,

14 adoption, or civil union: parent, grand-parent,

15 great-grandparent, brother, sister, step-parent,

16 step-grandparent, step-brother, step-sister, uncle, aunt,

17 great-uncle, great-aunt, first cousin, or second cousin. A

18 person is related to the child as a first cousin or second

19 cousin if they are both related to the same ancestor as either

20 grandchild or great-grandchild. A child whose parent has

21 executed a consent to adoption, a surrender, or a waiver

22 pursuant to Section 10 of this Act or whose parent has signed a

23 denial of paternity pursuant to Section 12 of the Vital

24 Records Act or Section 12a of this Act, or whose parent has had

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1 his or her parental rights terminated, is not a related child

2 to that person, unless (1) the consent is determined to be void

3 or is void pursuant to subsection O of Section 10 of this Act;

4 or (2) the parent of the child executed a consent to adoption

5 by a specified person or persons pursuant to subsection A-1 of

6 Section 10 of this Act and a court of competent jurisdiction

7 finds that such consent is void; or (3) the order terminating

8 the parental rights of the parent is vacated by a court of

9 competent jurisdiction.

10 C. "Agency" for the purpose of this Act means a public

11 child welfare agency or a licensed child welfare agency.

12 D. "Unfit person" means any person whom the court shall

13 find to be unfit to have a child, without regard to the

14 likelihood that the child will be placed for adoption. The

15 grounds of unfitness are any one or more of the following,

16 except that a person shall not be considered an unfit person

17 for the sole reason that the person has relinquished a child in

18 accordance with the Abandoned Newborn Infant Protection Act:

19 (a) Abandonment of the child.

20 (a-1) Abandonment of a newborn infant in a hospital.

21 (a-2) Abandonment of a newborn infant in any setting

22 where the evidence suggests that the parent intended to

23 relinquish his or her parental rights.

24 (b) Failure to maintain a reasonable degree of

25 interest, concern or responsibility as to the child's

26 welfare.

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1 (c) Desertion of the child for more than 3 months next

2 preceding the commencement of the Adoption proceeding.

3 (d) Substantial neglect of the child if continuous or

4 repeated.

5 (d-1) Substantial neglect, if continuous or repeated,

6 of any child residing in the household which resulted in

7 the death of that child.

8 (e) Extreme or repeated cruelty to the child.

9 (f) There is a rebuttable presumption, which can be

10 overcome only by clear and convincing evidence, that a

11 parent is unfit if:

12 (1) Two or more findings of physical abuse have

13 been entered regarding any children under Section 2-21

14 of the Juvenile Court Act of 1987, the most recent of

15 which was determined by the juvenile court hearing the

16 matter to be supported by clear and convincing

17 evidence; or

18 (2) The parent has been convicted or found not

19 guilty by reason of insanity and the conviction or

20 finding resulted from the death of any child by

21 physical abuse; or

22 (3) There is a finding of physical child abuse

23 resulting from the death of any child under Section

24 2-21 of the Juvenile Court Act of 1987.

25 No conviction or finding of delinquency pursuant to

26 Article V of the Juvenile Court Act of 1987 shall be

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1 considered a criminal conviction for the purpose of

2 applying any presumption under this item (f).

3 (g) Failure to protect the child from conditions

4 within his environment injurious to the child's welfare.

5 (h) Other neglect of, or misconduct toward the child;

6 provided that in making a finding of unfitness the court

7 hearing the adoption proceeding shall not be bound by any

8 previous finding, order or judgment affecting or

9 determining the rights of the parents toward the child

10 sought to be adopted in any other proceeding except such

11 proceedings terminating parental rights as shall be had

12 under either this Act, the Juvenile Court Act or the

13 Juvenile Court Act of 1987.

14 (i) Depravity. Conviction of any one of the following

15 crimes shall create a presumption that a parent is

16 depraved which can be overcome only by clear and

17 convincing evidence: (1) first degree murder in violation

18 of paragraph (1) or (2) of subsection (a) of Section 9-1 of

19 the Criminal Code of 1961 or the Criminal Code of 2012 or

20 conviction of second degree murder in violation of

21 subsection (a) of Section 9-2 of the Criminal Code of 1961

22 or the Criminal Code of 2012 of a parent of the child to be

23 adopted; (2) first degree murder or second degree murder

24 of any child in violation of the Criminal Code of 1961 or

25 the Criminal Code of 2012; (3) attempt or conspiracy to

26 commit first degree murder or second degree murder of any

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1 child in violation of the Criminal Code of 1961 or the

2 Criminal Code of 2012; (4) solicitation to commit murder

3 of any child, solicitation to commit murder of any child

4 for hire, or solicitation to commit second degree murder

5 of any child in violation of the Criminal Code of 1961 or

6 the Criminal Code of 2012; (5) predatory criminal sexual

7 assault of a child in violation of Section 11-1.40 or

8 12-14.1 of the Criminal Code of 1961 or the Criminal Code

9 of 2012; (6) heinous battery of any child in violation of

10 the Criminal Code of 1961; (7) aggravated battery of any

11 child in violation of the Criminal Code of 1961 or the

12 Criminal Code of 2012; (8) any violation of Section

13 11-1.20 or Section 12-13 of the Criminal Code of 1961 or

14 the Criminal Code of 2012; (9) any violation of subsection

15 (a) of Section 11-1.50 or Section 12-16 of the Criminal

16 Code of 1961 or the Criminal Code of 2012; (10) any

17 violation of Section 11-9.1 of the Criminal Code of 1961

18 or the Criminal Code of 2012; (11) any violation of

19 Section 11-9.1A of the Criminal Code of 1961 or the

20 Criminal Code of 2012; or (12) an offense in any other

21 state the elements of which are similar and bear a

22 substantial relationship to any of the enumerated offenses

23 in this subsection (i).

24 There is a rebuttable presumption that a parent is

25 depraved if the parent has been criminally convicted of at

26 least 3 felonies under the laws of this State or any other

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1 state, or under federal law, or the criminal laws of any

2 United States territory; and at least one of these

3 convictions took place within 5 years of the filing of the

4 petition or motion seeking termination of parental rights.

5 There is a rebuttable presumption that a parent is

6 depraved if that parent has been criminally convicted of

7 either first or second degree murder of any person as

8 defined in the Criminal Code of 1961 or the Criminal Code

9 of 2012 within 10 years of the filing date of the petition

10 or motion to terminate parental rights.

11 No conviction or finding of delinquency pursuant to

12 Article 5 of the Juvenile Court Act of 1987 shall be

13 considered a criminal conviction for the purpose of

14 applying any presumption under this item (i).

15 (j) Open and notorious adultery or fornication.

16 (j-1) (Blank).

17 (k) Habitual drunkenness or addiction to drugs, other

18 than those prescribed by a physician, for at least one

19 year immediately prior to the commencement of the

20 unfitness proceeding.

21 There is a rebuttable presumption that a parent is

22 unfit under this subsection with respect to any child to

23 which that parent gives birth where there is a confirmed

24 test result that at birth the child's blood, urine, or

25 meconium contained any amount of a controlled substance as

26 defined in subsection (f) of Section 102 of the Illinois

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1 Controlled Substances Act or metabolites of such

2 substances, the presence of which in the newborn infant

3 was not the result of medical treatment administered to

4 the mother or the newborn infant; and the biological

5 mother of this child is the biological mother of at least

6 one other child who was adjudicated a neglected minor

7 under subsection (c) of Section 2-3 of the Juvenile Court

8 Act of 1987.

9 (l) Failure to demonstrate a reasonable degree of

10 interest, concern or responsibility as to the welfare of a

11 new born child during the first 30 days after its birth.

12 (m) Failure by a parent (i) to make reasonable efforts

13 to correct the conditions that were the basis for the

14 removal of the child from the parent during any 9-month

15 period following the adjudication of neglected or abused

16 minor under Section 2-3 of the Juvenile Court Act of 1987

17 or dependent minor under Section 2-4 of that Act, or (ii)

18 to make reasonable progress toward the return of the child

19 to the parent during any 9-month period following the

20 adjudication of neglected or abused minor under Section

21 2-3 of the Juvenile Court Act of 1987 or dependent minor

22 under Section 2-4 of that Act. If a service plan has been

23 established as required under Section 8.2 of the Abused

24 and Neglected Child Reporting Act to correct the

25 conditions that were the basis for the removal of the

26 child from the parent and if those services were

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1 available, then, for purposes of this Act, "failure to

2 make reasonable progress toward the return of the child to

3 the parent" includes the parent's failure to substantially

4 fulfill his or her obligations under the service plan and

5 correct the conditions that brought the child into care

6 during any 9-month period following the adjudication under

7 Section 2-3 or 2-4 of the Juvenile Court Act of 1987.

8 Notwithstanding any other provision, when a petition or

9 motion seeks to terminate parental rights on the basis of

10 item (ii) of this subsection (m), the petitioner shall

11 file with the court and serve on the parties a pleading

12 that specifies the 9-month period or periods relied on.

13 The pleading shall be filed and served on the parties no

14 later than 3 weeks before the date set by the court for

15 closure of discovery, and the allegations in the pleading

16 shall be treated as incorporated into the petition or

17 motion. Failure of a respondent to file a written denial

18 of the allegations in the pleading shall not be treated as

19 an admission that the allegations are true. A parent shall

20 not be found unfit under this subsection (m) for failure

21 to make reasonable efforts or reasonable progress for any

22 9-month period during which a court, hearing a case under

23 Article II of the Juvenile Court Act of 1987, found that

24 the Department failed to make active efforts, as defined

25 in Section 1-3 of the Juvenile Court Act of 1987 with

26 respect to that parent. This provision applies to findings

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1 of failure to make active efforts made on or after the

2 effective date of this amendatory Act of the 103rd General

3 Assembly.

4 (m-1) (Blank).

5 (n) Evidence of intent to forgo his or her parental

6 rights, whether or not the child is a ward of the court,

7 (1) as manifested by his or her failure for a period of 12

8 months: (i) to visit the child, (ii) to communicate with

9 the child or agency, although able to do so and not

10 prevented from doing so by an agency or by court order, or

11 (iii) to maintain contact with or plan for the future of

12 the child, although physically able to do so, or (2) as

13 manifested by the father's failure, where he and the

14 mother of the child were unmarried to each other at the

15 time of the child's birth, (i) to commence legal

16 proceedings to establish his paternity under the Illinois

17 Parentage Act of 1984, the Illinois Parentage Act of 2015,

18 or the law of the jurisdiction of the child's birth within

19 30 days of being informed, pursuant to Section 12a of this

20 Act, that he is the father or the likely father of the

21 child or, after being so informed where the child is not

22 yet born, within 30 days of the child's birth, or (ii) to

23 make a good faith effort to pay a reasonable amount of the

24 expenses related to the birth of the child and to provide a

25 reasonable amount for the financial support of the child,

26 the court to consider in its determination all relevant

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1 circumstances, including the financial condition of both

2 parents; provided that the ground for termination provided

3 in this subparagraph (n)(2)(ii) shall only be available

4 where the petition is brought by the mother or the husband

5 of the mother.

6 Contact or communication by a parent with his or her

7 child that does not demonstrate affection and concern does

8 not constitute reasonable contact and planning under

9 subdivision (n). In the absence of evidence to the

10 contrary, the ability to visit, communicate, maintain

11 contact, pay expenses and plan for the future shall be

12 presumed. The subjective intent of the parent, whether

13 expressed or otherwise, unsupported by evidence of the

14 foregoing parental acts manifesting that intent, shall not

15 preclude a determination that the parent has intended to

16 forgo his or her parental rights. In making this

17 determination, the court may consider but shall not

18 require a showing of diligent efforts by an authorized

19 agency to encourage the parent to perform the acts

20 specified in subdivision (n).

21 It shall be an affirmative defense to any allegation

22 under paragraph (2) of this subsection that the father's

23 failure was due to circumstances beyond his control or to

24 impediments created by the mother or any other person

25 having legal custody. Proof of that fact need only be by a

26 preponderance of the evidence.

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1 (o) Repeated or continuous failure by the parents,

2 although physically and financially able, to provide the

3 child with adequate food, clothing, or shelter.

4 (p) Inability to discharge parental responsibilities

5 supported by competent evidence from a psychiatrist,

6 licensed clinical social worker, or clinical psychologist

7 of mental impairment, mental illness or an intellectual

8 disability as defined in Section 1-116 of the Mental

9 Health and Developmental Disabilities Code, or

10 developmental disability as defined in Section 1-106 of

11 that Code, and there is sufficient justification to

12 believe that the inability to discharge parental

13 responsibilities shall extend beyond a reasonable time

14 period. However, this subdivision (p) shall not be

15 construed so as to permit a licensed clinical social

16 worker to conduct any medical diagnosis to determine

17 mental illness or mental impairment.

18 (q) (Blank).

19 (r) The child is in the temporary custody or

20 guardianship of the Department of Children and Family

21 Services, the parent is incarcerated as a result of

22 criminal conviction at the time the petition or motion for

23 termination of parental rights is filed, prior to

24 incarceration the parent had little or no contact with the

25 child or provided little or no support for the child, and

26 the parent's incarceration will prevent the parent from

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1 discharging his or her parental responsibilities for the

2 child for a period in excess of 2 years after the filing of

3 the petition or motion for termination of parental rights.

4 (s) The child is in the temporary custody or

5 guardianship of the Department of Children and Family

6 Services, the parent is incarcerated at the time the

7 petition or motion for termination of parental rights is

8 filed, the parent has been repeatedly incarcerated as a

9 result of criminal convictions, and the parent's repeated

10 incarceration has prevented the parent from discharging

11 his or her parental responsibilities for the child.

12 (t) A finding that at birth the child's blood, urine,

13 or meconium contained any amount of a controlled substance

14 as defined in subsection (f) of Section 102 of the

15 Illinois Controlled Substances Act, or a metabolite of a

16 controlled substance, with the exception of controlled

17 substances or metabolites of such substances, the presence

18 of which in the newborn infant was the result of medical

19 treatment administered to the mother or the newborn

20 infant, and that the biological mother of this child is

21 the biological mother of at least one other child who was

22 adjudicated a neglected minor under subsection (c) of

23 Section 2-3 of the Juvenile Court Act of 1987, after which

24 the biological mother had the opportunity to enroll in and

25 participate in a clinically appropriate substance abuse

26 counseling, treatment, and rehabilitation program.

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1 E. "Parent" means a person who is the legal mother or legal

2 father of the child as defined in subsection X or Y of this

3 Section. For the purpose of this Act, a parent who has executed

4 a consent to adoption, a surrender, or a waiver pursuant to

5 Section 10 of this Act, who has signed a Denial of Paternity

6 pursuant to Section 12 of the Vital Records Act or Section 12a

7 of this Act, or whose parental rights have been terminated by a

8 court, is not a parent of the child who was the subject of the

9 consent, surrender, waiver, or denial unless (1) the consent

10 is void pursuant to subsection O of Section 10 of this Act; or

11 (2) the person executed a consent to adoption by a specified

12 person or persons pursuant to subsection A-1 of Section 10 of

13 this Act and a court of competent jurisdiction finds that the

14 consent is void; or (3) the order terminating the parental

15 rights of the person is vacated by a court of competent

16 jurisdiction.

17 F. A person is available for adoption when the person is:

18 (a) a child who has been surrendered for adoption to

19 an agency and to whose adoption the agency has thereafter

20 consented;

21 (b) a child to whose adoption a person authorized by

22 law, other than his parents, has consented, or to whose

23 adoption no consent is required pursuant to Section 8 of

24 this Act;

25 (c) a child who is in the custody of persons who intend

26 to adopt him through placement made by his parents;

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1 (c-1) a child for whom a parent has signed a specific

2 consent pursuant to subsection O of Section 10;

3 (d) an adult who meets the conditions set forth in

4 Section 3 of this Act; or

5 (e) a child who has been relinquished as defined in

6 Section 10 of the Abandoned Newborn Infant Protection Act.

7 A person who would otherwise be available for adoption

8 shall not be deemed unavailable for adoption solely by reason

9 of his or her death.

10 G. The singular includes the plural and the plural

11 includes the singular and the "male" includes the "female", as

12 the context of this Act may require.

13 H. (Blank).

14 I. "Habitual residence" has the meaning ascribed to it in

15 the federal Intercountry Adoption Act of 2000 and regulations

16 promulgated thereunder.

17 J. "Immediate relatives" means the biological parents, the

18 parents of the biological parents and siblings of the

19 biological parents.

20 K. "Intercountry adoption" is a process by which a child

21 from a country other than the United States is adopted by

22 persons who are habitual residents of the United States, or

23 the child is a habitual resident of the United States who is

24 adopted by persons who are habitual residents of a country

25 other than the United States.

26 L. (Blank).

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1 M. "Interstate Compact on the Placement of Children" is a

2 law enacted by all states and certain territories for the

3 purpose of establishing uniform procedures for handling the

4 interstate placement of children in foster homes, adoptive

5 homes, or other child care facilities.

6 N. (Blank).

7 O. "Preadoption requirements" means any conditions or

8 standards established by the laws or administrative rules of

9 this State that must be met by a prospective adoptive parent

10 prior to the placement of a child in an adoptive home.

11 P. "Abused child" means a child whose parent or immediate

12 family member, or any person responsible for the child's

13 welfare, or any individual residing in the same home as the

14 child, or a paramour of the child's parent:

15 (a) inflicts, causes to be inflicted, or allows to be

16 inflicted upon the child physical injury, by other than

17 accidental means, that causes death, disfigurement,

18 impairment of physical or emotional health, or loss or

19 impairment of any bodily function;

20 (b) creates a substantial risk of physical injury to

21 the child by other than accidental means which would be

22 likely to cause death, disfigurement, impairment of

23 physical or emotional health, or loss or impairment of any

24 bodily function;

25 (c) commits or allows to be committed any sex offense

26 against the child, as sex offenses are defined in the

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1 Criminal Code of 2012 and extending those definitions of

2 sex offenses to include children under 18 years of age;

3 (d) commits or allows to be committed an act or acts of

4 torture upon the child; or

5 (e) inflicts excessive corporal punishment.

6 Q. "Neglected child" means any child whose parent or other

7 person responsible for the child's welfare withholds or denies

8 nourishment or medically indicated treatment including food or

9 care denied solely on the basis of the present or anticipated

10 mental or physical impairment as determined by a physician

11 acting alone or in consultation with other physicians or

12 otherwise does not provide the proper or necessary support,

13 education as required by law, or medical or other remedial

14 care recognized under State law as necessary for a child's

15 well-being, or other care necessary for his or her well-being,

16 including adequate food, clothing and shelter; or who is

17 abandoned by his or her parents or other person responsible

18 for the child's welfare.

19 A child shall not be considered neglected or abused for

20 the sole reason that the child's parent or other person

21 responsible for his or her welfare depends upon spiritual

22 means through prayer alone for the treatment or cure of

23 disease or remedial care as provided under Section 4 of the

24 Abused and Neglected Child Reporting Act. A child shall not be

25 considered neglected or abused for the sole reason that the

26 child's parent or other person responsible for the child's

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1 welfare failed to vaccinate, delayed vaccination, or refused

2 vaccination for the child due to a waiver on religious or

3 medical grounds as permitted by law.

4 R. "Putative father" means a man who may be a child's

5 father, but who (1) is not married to the child's mother on or

6 before the date that the child was or is to be born and (2) has

7 not established paternity of the child in a court proceeding

8 before the filing of a petition for the adoption of the child.

9 The term includes a male who is less than 18 years of age.

10 "Putative father" does not mean a man who is the child's father

11 as a result of criminal sexual abuse or assault as defined

12 under Article 11 of the Criminal Code of 2012.

13 S. "Standby adoption" means an adoption in which a parent

14 consents to custody and termination of parental rights to

15 become effective upon the occurrence of a future event, which

16 is either the death of the parent or the request of the parent

17 for the entry of a final judgment of adoption.

18 T. (Blank).

19 T-5. "Biological parent", "birth parent", or "natural

20 parent" of a child are interchangeable terms that mean a

21 person who is biologically or genetically related to that

22 child as a parent.

23 U. "Interstate adoption" means the placement of a minor

24 child with a prospective adoptive parent for the purpose of

25 pursuing an adoption for that child that is subject to the

26 provisions of the Interstate Compact on the Placement of

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1 Children.

2 V. (Blank).

3 W. (Blank).

4 X. "Legal father" of a child means a man who is recognized

5 as or presumed to be that child's father:

6 (1) because of his marriage to or civil union with the

7 child's parent at the time of the child's birth or within

8 300 days prior to that child's birth, unless he signed a

9 denial of paternity pursuant to Section 12 of the Vital

10 Records Act or a waiver pursuant to Section 10 of this Act;

11 or

12 (2) because his paternity of the child has been

13 established pursuant to the Illinois Parentage Act, the

14 Illinois Parentage Act of 1984, or the Gestational

15 Surrogacy Act; or

16 (3) because he is listed as the child's father or

17 parent on the child's birth certificate, unless he is

18 otherwise determined by an administrative or judicial

19 proceeding not to be the parent of the child or unless he

20 rescinds his acknowledgment of paternity pursuant to the

21 Illinois Parentage Act of 1984; or

22 (4) because his paternity or adoption of the child has

23 been established by a court of competent jurisdiction.

24 The definition in this subsection X shall not be construed

25 to provide greater or lesser rights as to the number of parents

26 who can be named on a final judgment order of adoption or

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1 Illinois birth certificate that otherwise exist under Illinois

2 law.

3 Y. "Legal mother" of a child means a woman who is

4 recognized as or presumed to be that child's mother:

5 (1) because she gave birth to the child except as

6 provided in the Gestational Surrogacy Act; or

7 (2) because her maternity of the child has been

8 established pursuant to the Illinois Parentage Act of 1984

9 or the Gestational Surrogacy Act; or

10 (3) because her maternity or adoption of the child has

11 been established by a court of competent jurisdiction; or

12 (4) because of her marriage to or civil union with the

13 child's other parent at the time of the child's birth or

14 within 300 days prior to the time of birth; or

15 (5) because she is listed as the child's mother or

16 parent on the child's birth certificate unless she is

17 otherwise determined by an administrative or judicial

18 proceeding not to be the parent of the child.

19 The definition in this subsection Y shall not be construed

20 to provide greater or lesser rights as to the number of parents

21 who can be named on a final judgment order of adoption or

22 Illinois birth certificate that otherwise exist under Illinois

23 law.

24 Z. "Department" means the Illinois Department of Children

25 and Family Services.

26 AA. "Placement disruption" means a circumstance where the

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