Illinois 2023-2024 Regular Session

Illinois House Bill HB3237 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3237 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-3 from Ch. 37, par. 802-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-18 from Ch. 37, par. 802-18 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-27 from Ch. 37, par. 802-27 Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that the court's finding that there is probable cause that the minor is abused or neglected cannot be based solely on domestic violence against the parent, guardian, or custodian, even if the domestic violence occurred in the presence of the minor. Provides that any probable cause determination must be supported by a factual basis that is unrelated to domestic violence against a parent, guardian, or custodian and that is sufficient to independently support a finding of probable cause of abuse or neglect under the Act. Provides that an environment is injurious if conditions in the child's environment create a real, significant and imminent likelihood of moderate to severe harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence". LRB103 30340 RLC 56770 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3237 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-3 from Ch. 37, par. 802-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-18 from Ch. 37, par. 802-18 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-27 from Ch. 37, par. 802-27 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-3 from Ch. 37, par. 802-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-18 from Ch. 37, par. 802-18 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-27 from Ch. 37, par. 802-27 Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that the court's finding that there is probable cause that the minor is abused or neglected cannot be based solely on domestic violence against the parent, guardian, or custodian, even if the domestic violence occurred in the presence of the minor. Provides that any probable cause determination must be supported by a factual basis that is unrelated to domestic violence against a parent, guardian, or custodian and that is sufficient to independently support a finding of probable cause of abuse or neglect under the Act. Provides that an environment is injurious if conditions in the child's environment create a real, significant and imminent likelihood of moderate to severe harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence". LRB103 30340 RLC 56770 b LRB103 30340 RLC 56770 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3237 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-3 from Ch. 37, par. 802-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-18 from Ch. 37, par. 802-18 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-27 from Ch. 37, par. 802-27 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-3 from Ch. 37, par. 802-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-18 from Ch. 37, par. 802-18 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-27 from Ch. 37, par. 802-27
4	4	705 ILCS 405/1-3 from Ch. 37, par. 801-3
5	5	705 ILCS 405/2-3 from Ch. 37, par. 802-3
6	6	705 ILCS 405/2-10 from Ch. 37, par. 802-10
7	7	705 ILCS 405/2-18 from Ch. 37, par. 802-18
8	8	705 ILCS 405/2-21 from Ch. 37, par. 802-21
9	9	705 ILCS 405/2-27 from Ch. 37, par. 802-27
10	10	Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that the court's finding that there is probable cause that the minor is abused or neglected cannot be based solely on domestic violence against the parent, guardian, or custodian, even if the domestic violence occurred in the presence of the minor. Provides that any probable cause determination must be supported by a factual basis that is unrelated to domestic violence against a parent, guardian, or custodian and that is sufficient to independently support a finding of probable cause of abuse or neglect under the Act. Provides that an environment is injurious if conditions in the child's environment create a real, significant and imminent likelihood of moderate to severe harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence".
11	11	LRB103 30340 RLC 56770 b LRB103 30340 RLC 56770 b
12	12	LRB103 30340 RLC 56770 b
13	13	A BILL FOR
14	14	HB3237LRB103 30340 RLC 56770 b HB3237 LRB103 30340 RLC 56770 b
15	15	HB3237 LRB103 30340 RLC 56770 b
16	16	1 AN ACT concerning courts.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 5. The Juvenile Court Act of 1987 is amended by
20	20	5 changing Sections 1-3, 2-3, 2-10, 2-18, 2-21, and 2-27 as
21	21	6 follows:
22	22	7 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
23	23	8 Sec. 1-3. Definitions. Terms used in this Act, unless the
24	24	9 context otherwise requires, have the following meanings
25	25	10 ascribed to them:
26	26	11 (1) "Adjudicatory hearing" means a hearing to determine
27	27	12 whether the allegations of a petition under Section 2-13, 3-15
28	28	13 or 4-12 that a minor under 18 years of age is abused, neglected
29	29	14 or dependent, or requires authoritative intervention, or
30	30	15 addicted, respectively, are supported by a preponderance of
31	31	16 the evidence or whether the allegations of a petition under
32	32	17 Section 5-520 that a minor is delinquent are proved beyond a
33	33	18 reasonable doubt.
34	34	19 (2) "Adult" means a person 21 years of age or older.
35	35	20 (3) "Agency" means a public or private child care facility
36	36	21 legally authorized or licensed by this State for placement or
37	37	22 institutional care or for both placement and institutional
38	38	23 care.
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42	42	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3237 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
43	43	705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-3 from Ch. 37, par. 802-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-18 from Ch. 37, par. 802-18 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-27 from Ch. 37, par. 802-27 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-3 from Ch. 37, par. 802-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-18 from Ch. 37, par. 802-18 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-27 from Ch. 37, par. 802-27
44	44	705 ILCS 405/1-3 from Ch. 37, par. 801-3
45	45	705 ILCS 405/2-3 from Ch. 37, par. 802-3
46	46	705 ILCS 405/2-10 from Ch. 37, par. 802-10
47	47	705 ILCS 405/2-18 from Ch. 37, par. 802-18
48	48	705 ILCS 405/2-21 from Ch. 37, par. 802-21
49	49	705 ILCS 405/2-27 from Ch. 37, par. 802-27
50	50	Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that the court's finding that there is probable cause that the minor is abused or neglected cannot be based solely on domestic violence against the parent, guardian, or custodian, even if the domestic violence occurred in the presence of the minor. Provides that any probable cause determination must be supported by a factual basis that is unrelated to domestic violence against a parent, guardian, or custodian and that is sufficient to independently support a finding of probable cause of abuse or neglect under the Act. Provides that an environment is injurious if conditions in the child's environment create a real, significant and imminent likelihood of moderate to severe harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence".
51	51	LRB103 30340 RLC 56770 b LRB103 30340 RLC 56770 b
52	52	LRB103 30340 RLC 56770 b
53	53	A BILL FOR
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59	59	705 ILCS 405/1-3 from Ch. 37, par. 801-3
60	60	705 ILCS 405/2-3 from Ch. 37, par. 802-3
61	61	705 ILCS 405/2-10 from Ch. 37, par. 802-10
62	62	705 ILCS 405/2-18 from Ch. 37, par. 802-18
63	63	705 ILCS 405/2-21 from Ch. 37, par. 802-21
64	64	705 ILCS 405/2-27 from Ch. 37, par. 802-27
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83	83	1 (4) "Association" means any organization, public or
84	84	2 private, engaged in welfare functions which include services
85	85	3 to or on behalf of children but does not include "agency" as
86	86	4 herein defined.
87	87	5 (4.05) Whenever a "best interest" determination is
88	88	6 required, the following factors shall be considered in the
89	89	7 context of the child's age and developmental needs:
90	90	8 (a) the physical safety and welfare of the child,
91	91	9 including food, shelter, health, and clothing;
92	92	10 (b) the development of the child's identity;
93	93	11 (c) the child's background and ties, including
94	94	12 familial, cultural, and religious;
95	95	13 (d) the child's sense of attachments, including:
96	96	14 (i) where the child actually feels love,
97	97	15 attachment, and a sense of being valued (as opposed to
98	98	16 where adults believe the child should feel such love,
99	99	17 attachment, and a sense of being valued);
100	100	18 (ii) the child's sense of security;
101	101	19 (iii) the child's sense of familiarity;
102	102	20 (iv) continuity of affection for the child;
103	103	21 (v) the least disruptive placement alternative for
104	104	22 the child;
105	105	23 (e) the child's wishes and long-term goals;
106	106	24 (f) the child's community ties, including church,
107	107	25 school, and friends;
108	108	26 (g) the child's need for permanence which includes the
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119	119	1 child's need for stability and continuity of relationships
120	120	2 with parent figures and with siblings and other relatives;
121	121	3 (h) the uniqueness of every family and child;
122	122	4 (i) the risks attendant to entering and being in
123	123	5 substitute care; and
124	124	6 (j) the preferences of the persons available to care
125	125	7 for the child.
126	126	8 (4.1) "Chronic truant" shall have the definition ascribed
127	127	9 to it in Section 26-2a of the School Code.
128	128	10 (5) "Court" means the circuit court in a session or
129	129	11 division assigned to hear proceedings under this Act.
130	130	12 (6) "Dispositional hearing" means a hearing to determine
131	131	13 whether a minor should be adjudged to be a ward of the court,
132	132	14 and to determine what order of disposition should be made in
133	133	15 respect to a minor adjudged to be a ward of the court.
134	134	16 (6.5) "Dissemination" or "disseminate" means to publish,
135	135	17 produce, print, manufacture, distribute, sell, lease, exhibit,
136	136	18 broadcast, display, transmit, or otherwise share information
137	137	19 in any format so as to make the information accessible to
138	138	20 others.
139	139	21 (6.6) "Domestic violence" has the meaning ascribed to it
140	140	22 in paragraphs (1) and (3) of Section 103 of the Illinois
141	141	23 Domestic Violence Act of 1986 and includes a violation of
142	142	24 Section 12-4.4a of the Criminal Code of 2012.
143	143	25 (7) "Emancipated minor" means any minor 16 years of age or
144	144	26 over who has been completely or partially emancipated under
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155	155	1 the Emancipation of Minors Act or under this Act.
156	156	2 (7.03) "Expunge" means to physically destroy the records
157	157	3 and to obliterate the minor's name from any official index,
158	158	4 public record, or electronic database.
159	159	5 (7.05) "Foster parent" includes a relative caregiver
160	160	6 selected by the Department of Children and Family Services to
161	161	7 provide care for the minor.
162	162	8 (8) "Guardianship of the person" of a minor means the duty
163	163	9 and authority to act in the best interests of the minor,
164	164	10 subject to residual parental rights and responsibilities, to
165	165	11 make important decisions in matters having a permanent effect
166	166	12 on the life and development of the minor and to be concerned
167	167	13 with his or her general welfare. It includes but is not
168	168	14 necessarily limited to:
169	169	15 (a) the authority to consent to marriage, to
170	170	16 enlistment in the armed forces of the United States, or to
171	171	17 a major medical, psychiatric, and surgical treatment; to
172	172	18 represent the minor in legal actions; and to make other
173	173	19 decisions of substantial legal significance concerning the
174	174	20 minor;
175	175	21 (b) the authority and duty of reasonable visitation,
176	176	22 except to the extent that these have been limited in the
177	177	23 best interests of the minor by court order;
178	178	24 (c) the rights and responsibilities of legal custody
179	179	25 except where legal custody has been vested in another
180	180	26 person or agency; and
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191	191	1 (d) the power to consent to the adoption of the minor,
192	192	2 but only if expressly conferred on the guardian in
193	193	3 accordance with Section 2-29, 3-30, or 4-27.
194	194	4 (8.1) "Juvenile court record" includes, but is not limited
195	195	5 to:
196	196	6 (a) all documents filed in or maintained by the
197	197	7 juvenile court pertaining to a specific incident,
198	198	8 proceeding, or individual;
199	199	9 (b) all documents relating to a specific incident,
200	200	10 proceeding, or individual made available to or maintained
201	201	11 by probation officers;
202	202	12 (c) all documents, video or audio tapes, photographs,
203	203	13 and exhibits admitted into evidence at juvenile court
204	204	14 hearings; or
205	205	15 (d) all documents, transcripts, records, reports, or
206	206	16 other evidence prepared by, maintained by, or released by
207	207	17 any municipal, county, or State agency or department, in
208	208	18 any format, if indicating involvement with the juvenile
209	209	19 court relating to a specific incident, proceeding, or
210	210	20 individual.
211	211	21 (8.2) "Juvenile law enforcement record" includes records
212	212	22 of arrest, station adjustments, fingerprints, probation
213	213	23 adjustments, the issuance of a notice to appear, or any other
214	214	24 records or documents maintained by any law enforcement agency
215	215	25 relating to a minor suspected of committing an offense, and
216	216	26 records maintained by a law enforcement agency that identifies
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227	227	1 a juvenile as a suspect in committing an offense, but does not
228	228	2 include records identifying a juvenile as a victim, witness,
229	229	3 or missing juvenile and any records created, maintained, or
230	230	4 used for purposes of referral to programs relating to
231	231	5 diversion as defined in subsection (6) of Section 5-105.
232	232	6 (9) "Legal custody" means the relationship created by an
233	233	7 order of court in the best interests of the minor which imposes
234	234	8 on the custodian the responsibility of physical possession of
235	235	9 a minor and the duty to protect, train and discipline him and
236	236	10 to provide him with food, shelter, education and ordinary
237	237	11 medical care, except as these are limited by residual parental
238	238	12 rights and responsibilities and the rights and
239	239	13 responsibilities of the guardian of the person, if any.
240	240	14 (9.1) "Mentally capable adult relative" means a person 21
241	241	15 years of age or older who is not suffering from a mental
242	242	16 illness that prevents him or her from providing the care
243	243	17 necessary to safeguard the physical safety and welfare of a
244	244	18 minor who is left in that person's care by the parent or
245	245	19 parents or other person responsible for the minor's welfare.
246	246	20 (10) "Minor" means a person under the age of 21 years
247	247	21 subject to this Act.
248	248	22 (11) "Parent" means a father or mother of a child and
249	249	23 includes any adoptive parent. It also includes a person (i)
250	250	24 whose parentage is presumed or has been established under the
251	251	25 law of this or another jurisdiction or (ii) who has registered
252	252	26 with the Putative Father Registry in accordance with Section
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263	263	1 12.1 of the Adoption Act and whose paternity has not been ruled
264	264	2 out under the law of this or another jurisdiction. It does not
265	265	3 include a parent whose rights in respect to the minor have been
266	266	4 terminated in any manner provided by law. It does not include a
267	267	5 person who has been or could be determined to be a parent under
268	268	6 the Illinois Parentage Act of 1984 or the Illinois Parentage
269	269	7 Act of 2015, or similar parentage law in any other state, if
270	270	8 that person has been convicted of or pled nolo contendere to a
271	271	9 crime that resulted in the conception of the child under
272	272	10 Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
273	273	11 12-14.1, subsection (a) or (b) (but not subsection (c)) of
274	274	12 Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
275	275	13 (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
276	276	14 Criminal Code of 1961 or the Criminal Code of 2012, or similar
277	277	15 statute in another jurisdiction unless upon motion of any
278	278	16 party, other than the offender, to the juvenile court
279	279	17 proceedings the court finds it is in the child's best interest
280	280	18 to deem the offender a parent for purposes of the juvenile
281	281	19 court proceedings.
282	282	20 (11.1) "Permanency goal" means a goal set by the court as
283	283	21 defined in subdivision (2) of Section 2-28.
284	284	22 (11.2) "Permanency hearing" means a hearing to set the
285	285	23 permanency goal and to review and determine (i) the
286	286	24 appropriateness of the services contained in the plan and
287	287	25 whether those services have been provided, (ii) whether
288	288	26 reasonable efforts have been made by all the parties to the
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299	299	1 service plan to achieve the goal, and (iii) whether the plan
300	300	2 and goal have been achieved.
301	301	3 (12) "Petition" means the petition provided for in Section
302	302	4 2-13, 3-15, 4-12 or 5-520, including any supplemental
303	303	5 petitions thereunder in Section 3-15, 4-12 or 5-520.
304	304	6 (12.1) "Physically capable adult relative" means a person
305	305	7 21 years of age or older who does not have a severe physical
306	306	8 disability or medical condition, or is not suffering from
307	307	9 alcoholism or drug addiction, that prevents him or her from
308	308	10 providing the care necessary to safeguard the physical safety
309	309	11 and welfare of a minor who is left in that person's care by the
310	310	12 parent or parents or other person responsible for the minor's
311	311	13 welfare.
312	312	14 (12.2) "Post Permanency Sibling Contact Agreement" has the
313	313	15 meaning ascribed to the term in Section 7.4 of the Children and
314	314	16 Family Services Act.
315	315	17 (12.3) "Residential treatment center" means a licensed
316	316	18 setting that provides 24-hour care to children in a group home
317	317	19 or institution, including a facility licensed as a child care
318	318	20 institution under Section 2.06 of the Child Care Act of 1969, a
319	319	21 licensed group home under Section 2.16 of the Child Care Act of
320	320	22 1969, a secure child care facility as defined in paragraph
321	321	23 (18) of this Section, or any similar facility in another
322	322	24 state. "Residential treatment center" does not include a
323	323	25 relative foster home or a licensed foster family home.
324	324	26 (13) "Residual parental rights and responsibilities" means
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335	335	1 those rights and responsibilities remaining with the parent
336	336	2 after the transfer of legal custody or guardianship of the
337	337	3 person, including, but not necessarily limited to, the right
338	338	4 to reasonable visitation (which may be limited by the court in
339	339	5 the best interests of the minor as provided in subsection
340	340	6 (8)(b) of this Section), the right to consent to adoption, the
341	341	7 right to determine the minor's religious affiliation, and the
342	342	8 responsibility for his support.
343	343	9 (14) "Shelter" means the temporary care of a minor in
344	344	10 physically unrestricting facilities pending court disposition
345	345	11 or execution of court order for placement.
346	346	12 (14.05) "Shelter placement" means a temporary or emergency
347	347	13 placement for a minor, including an emergency foster home
348	348	14 placement.
349	349	15 (14.1) "Sibling Contact Support Plan" has the meaning
350	350	16 ascribed to the term in Section 7.4 of the Children and Family
351	351	17 Services Act.
352	352	18 (14.2) "Significant event report" means a written document
353	353	19 describing an occurrence or event beyond the customary
354	354	20 operations, routines, or relationships in the Department of
355	355	21 Children of Family Services, a child care facility, or other
356	356	22 entity that is licensed or regulated by the Department of
357	357	23 Children of Family Services or that provides services for the
358	358	24 Department of Children of Family Services under a grant,
359	359	25 contract, or purchase of service agreement; involving children
360	360	26 or youth, employees, foster parents, or relative caregivers;
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370	370	HB3237 - 10 - LRB103 30340 RLC 56770 b
371	371	1 allegations of abuse or neglect or any other incident raising
372	372	2 a concern about the well-being of a minor under the
373	373	3 jurisdiction of the court under Article II of the Juvenile
374	374	4 Court Act; incidents involving damage to property, allegations
375	375	5 of criminal activity, misconduct, or other occurrences
376	376	6 affecting the operations of the Department of Children of
377	377	7 Family Services or a child care facility; any incident that
378	378	8 could have media impact; and unusual incidents as defined by
379	379	9 Department of Children and Family Services rule.
380	380	10 (15) "Station adjustment" means the informal handling of
381	381	11 an alleged offender by a juvenile police officer.
382	382	12 (16) "Ward of the court" means a minor who is so adjudged
383	383	13 under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
384	384	14 requisite jurisdictional facts, and thus is subject to the
385	385	15 dispositional powers of the court under this Act.
386	386	16 (17) "Juvenile police officer" means a sworn police
387	387	17 officer who has completed a Basic Recruit Training Course, has
388	388	18 been assigned to the position of juvenile police officer by
389	389	19 his or her chief law enforcement officer and has completed the
390	390	20 necessary juvenile officers training as prescribed by the
391	391	21 Illinois Law Enforcement Training Standards Board, or in the
392	392	22 case of a State police officer, juvenile officer training
393	393	23 approved by the Director of the Illinois State Police.
394	394	24 (18) "Secure child care facility" means any child care
395	395	25 facility licensed by the Department of Children and Family
396	396	26 Services to provide secure living arrangements for children
397	397
398	398
399	399
400	400
401	401
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403	403
404	404
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406	406	HB3237 - 11 - LRB103 30340 RLC 56770 b
407	407	1 under 18 years of age who are subject to placement in
408	408	2 facilities under the Children and Family Services Act and who
409	409	3 are not subject to placement in facilities for whom standards
410	410	4 are established by the Department of Corrections under Section
411	411	5 3-15-2 of the Unified Code of Corrections. "Secure child care
412	412	6 facility" also means a facility that is designed and operated
413	413	7 to ensure that all entrances and exits from the facility, a
414	414	8 building, or a distinct part of the building are under the
415	415	9 exclusive control of the staff of the facility, whether or not
416	416	10 the child has the freedom of movement within the perimeter of
417	417	11 the facility, building, or distinct part of the building.
418	418	12 (Source: P.A. 102-538, eff. 8-20-21.)
419	419	13 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
420	420	14 Sec. 2-3. Neglected or abused minor.
421	421	15 (1) Those who are neglected include:
422	422	16 (a) any minor under 18 years of age or a minor 18 years
423	423	17 of age or older for whom the court has made a finding of
424	424	18 probable cause to believe that the minor is abused,
425	425	19 neglected, or dependent under subsection (1) of Section
426	426	20 2-10 prior to the minor's 18th birthday who is not
427	427	21 receiving the proper or necessary support, education as
428	428	22 required by law, or medical or other remedial care
429	429	23 recognized under State law as necessary for a minor's
430	430	24 well-being, or other care necessary for his or her
431	431	25 well-being, including adequate food, clothing and shelter,
432	432
433	433
434	434
435	435
436	436
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438	438
439	439
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441	441	HB3237 - 12 - LRB103 30340 RLC 56770 b
442	442	1 or who is abandoned by his or her parent or parents or
443	443	2 other person or persons responsible for the minor's
444	444	3 welfare, except that a minor shall not be considered
445	445	4 neglected for the sole reason that the minor's parent or
446	446	5 parents or other person or persons responsible for the
447	447	6 minor's welfare have left the minor in the care of an adult
448	448	7 relative for any period of time, who the parent or parents
449	449	8 or other person responsible for the minor's welfare know
450	450	9 is both a mentally capable adult relative and physically
451	451	10 capable adult relative, as defined by this Act; or
452	452	11 (b) any minor under 18 years of age or a minor 18 years
453	453	12 of age or older for whom the court has made a finding of
454	454	13 probable cause to believe that the minor is abused,
455	455	14 neglected, or dependent under subsection (1) of Section
456	456	15 2-10 prior to the minor's 18th birthday whose environment
457	457	16 is injurious to his or her welfare. An environment is
458	458	17 injurious if conditions in the child's environment create
459	459	18 a real, significant and imminent likelihood of moderate to
460	460	19 severe harm to the child's health, well-being, or welfare
461	461	20 and the parent or caretaker blatantly disregarded his or
462	462	21 her parental responsibility to prevent or mitigate such
463	463	22 harm; or
464	464	23 (c) any newborn infant whose blood, urine, or meconium
465	465	24 contains any amount of a controlled substance as defined
466	466	25 in subsection (f) of Section 102 of the Illinois
467	467	26 Controlled Substances Act, as now or hereafter amended, or
468	468
469	469
470	470
471	471
472	472
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474	474
475	475
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477	477	HB3237 - 13 - LRB103 30340 RLC 56770 b
478	478	1 a metabolite of a controlled substance, with the exception
479	479	2 of controlled substances or metabolites of such
480	480	3 substances, the presence of which in the newborn infant is
481	481	4 the result of medical treatment administered to the mother
482	482	5 or the newborn infant; or
483	483	6 (d) any minor under the age of 14 years whose parent or
484	484	7 other person responsible for the minor's welfare leaves
485	485	8 the minor without supervision for an unreasonable period
486	486	9 of time without regard for the mental or physical health,
487	487	10 safety, or welfare of that minor; or
488	488	11 (e) any minor who has been provided with interim
489	489	12 crisis intervention services under Section 3-5 of this Act
490	490	13 and whose parent, guardian, or custodian refuses to permit
491	491	14 the minor to return home unless the minor is an immediate
492	492	15 physical danger to himself, herself, or others living in
493	493	16 the home.
494	494	17 Whether the minor was left without regard for the mental
495	495	18 or physical health, safety, or welfare of that minor or the
496	496	19 period of time was unreasonable shall be determined by
497	497	20 considering the following factors, including but not limited
498	498	21 to:
499	499	22 (1) the age of the minor;
500	500	23 (2) the number of minors left at the location;
501	501	24 (3) special needs of the minor, including whether the
502	502	25 minor is a person with a physical or mental disability, or
503	503	26 otherwise in need of ongoing prescribed medical treatment
504	504
505	505
506	506
507	507
508	508
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510	510
511	511
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513	513	HB3237 - 14 - LRB103 30340 RLC 56770 b
514	514	1 such as periodic doses of insulin or other medications;
515	515	2 (4) the duration of time in which the minor was left
516	516	3 without supervision;
517	517	4 (5) the condition and location of the place where the
518	518	5 minor was left without supervision;
519	519	6 (6) the time of day or night when the minor was left
520	520	7 without supervision;
521	521	8 (7) the weather conditions, including whether the
522	522	9 minor was left in a location with adequate protection from
523	523	10 the natural elements such as adequate heat or light;
524	524	11 (8) the location of the parent or guardian at the time
525	525	12 the minor was left without supervision, the physical
526	526	13 distance the minor was from the parent or guardian at the
527	527	14 time the minor was without supervision;
528	528	15 (9) whether the minor's movement was restricted, or
529	529	16 the minor was otherwise locked within a room or other
530	530	17 structure;
531	531	18 (10) whether the minor was given a phone number of a
532	532	19 person or location to call in the event of an emergency and
533	533	20 whether the minor was capable of making an emergency call;
534	534	21 (11) whether there was food and other provision left
535	535	22 for the minor;
536	536	23 (12) whether any of the conduct is attributable to
537	537	24 economic hardship or illness and the parent, guardian or
538	538	25 other person having physical custody or control of the
539	539	26 child made a good faith effort to provide for the health
540	540
541	541
542	542
543	543
544	544
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546	546
547	547
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549	549	HB3237 - 15 - LRB103 30340 RLC 56770 b
550	550	1 and safety of the minor;
551	551	2 (13) the age and physical and mental capabilities of
552	552	3 the person or persons who provided supervision for the
553	553	4 minor;
554	554	5 (14) whether the minor was left under the supervision
555	555	6 of another person;
556	556	7 (15) any other factor that would endanger the health
557	557	8 and safety of that particular minor.
558	558	9 A minor shall not be considered neglected for the sole
559	559	10 reason that the minor has been relinquished in accordance with
560	560	11 the Abandoned Newborn Infant Protection Act.
561	561	12 (2) Those who are abused include any minor under 18 years
562	562	13 of age or a minor 18 years of age or older for whom the court
563	563	14 has made a finding of probable cause to believe that the minor
564	564	15 is abused, neglected, or dependent under subsection (1) of
565	565	16 Section 2-10 prior to the minor's 18th birthday whose parent
566	566	17 or immediate family member, or any person responsible for the
567	567	18 minor's welfare, or any person who is in the same family or
568	568	19 household as the minor, or any individual residing in the same
569	569	20 home as the minor, or a paramour of the minor's parent:
570	570	21 (i) inflicts, causes to be inflicted, or allows to be
571	571	22 inflicted upon such minor physical injury, by other than
572	572	23 accidental means, which causes death, disfigurement,
573	573	24 impairment of physical or emotional health, or loss or
574	574	25 impairment of any bodily function;
575	575	26 (ii) creates a substantial risk of physical injury to
576	576
577	577
578	578
579	579
580	580
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582	582
583	583
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585	585	HB3237 - 16 - LRB103 30340 RLC 56770 b
586	586	1 such minor by other than accidental means which would be
587	587	2 likely to cause death, disfigurement, impairment of
588	588	3 emotional health, or loss or impairment of any bodily
589	589	4 function;
590	590	5 (iii) commits or allows to be committed any sex
591	591	6 offense against such minor, as such sex offenses are
592	592	7 defined in the Criminal Code of 1961 or the Criminal Code
593	593	8 of 2012, or in the Wrongs to Children Act, and extending
594	594	9 those definitions of sex offenses to include minors under
595	595	10 18 years of age;
596	596	11 (iv) commits or allows to be committed an act or acts
597	597	12 of torture upon such minor;
598	598	13 (v) inflicts excessive corporal punishment;
599	599	14 (vi) commits or allows to be committed the offense of
600	600	15 involuntary servitude, involuntary sexual servitude of a
601	601	16 minor, or trafficking in persons as defined in Section
602	602	17 10-9 of the Criminal Code of 1961 or the Criminal Code of
603	603	18 2012, upon such minor; or
604	604	19 (vii) allows, encourages or requires a minor to commit
605	605	20 any act of prostitution, as defined in the Criminal Code
606	606	21 of 1961 or the Criminal Code of 2012, and extending those
607	607	22 definitions to include minors under 18 years of age.
608	608	23 A minor shall not be considered abused for the sole reason
609	609	24 that the minor has been relinquished in accordance with the
610	610	25 Abandoned Newborn Infant Protection Act.
611	611	26 (3) This Section does not apply to a minor who would be
612	612
613	613
614	614
615	615
616	616
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618	618
619	619
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621	621	HB3237 - 17 - LRB103 30340 RLC 56770 b
622	622	1 included herein solely for the purpose of qualifying for
623	623	2 financial assistance for himself, his parents, guardian or
624	624	3 custodian.
625	625	4 (4) The changes made by this amendatory Act of the 101st
626	626	5 General Assembly apply to a case that is pending on or after
627	627	6 the effective date of this amendatory Act of the 101st General
628	628	7 Assembly.
629	629	8 (Source: P.A. 101-79, eff. 7-12-19.)
630	630	9 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
631	631	10 Sec. 2-10. Temporary custody hearing. At the appearance of
632	632	11 the minor before the court at the temporary custody hearing,
633	633	12 all witnesses present shall be examined before the court in
634	634	13 relation to any matter connected with the allegations made in
635	635	14 the petition.
636	636	15 (1) If the court finds that there is not probable cause to
637	637	16 believe that the minor is abused, neglected or dependent it
638	638	17 shall release the minor and dismiss the petition.
639	639	18 (2) If the court finds that there is probable cause to
640	640	19 believe that the minor is abused, neglected or dependent, the
641	641	20 court shall state in writing the factual basis supporting its
642	642	21 finding and the minor, his or her parent, guardian, custodian
643	643	22 and other persons able to give relevant testimony shall be
644	644	23 examined before the court. The Department of Children and
645	645	24 Family Services shall give testimony concerning indicated
646	646	25 reports of abuse and neglect, of which they are aware through
647	647
648	648
649	649
650	650
651	651
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653	653
654	654
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656	656	HB3237 - 18 - LRB103 30340 RLC 56770 b
657	657	1 the central registry, involving the minor's parent, guardian
658	658	2 or custodian. After such testimony, the court may, consistent
659	659	3 with the health, safety and best interests of the minor, enter
660	660	4 an order that the minor shall be released upon the request of
661	661	5 parent, guardian or custodian if the parent, guardian or
662	662	6 custodian appears to take custody. It shall be presumed to be
663	663	7 consistent with the health, safety, and best interest of the
664	664	8 minor to be released to a parent, guardian, or custodian who
665	665	9 experienced domestic violence unless the court has determined
666	666	10 that this parent, guardian, or custodian who experienced
667	667	11 domestic violence has committed acts or omissions unrelated to
668	668	12 incidents of domestic violence against the parent, guardian,
669	669	13 or custodian that is sufficient to independently support a
670	670	14 determination of abuse or neglect under this Act. If it is
671	671	15 determined that a parent's, guardian's, or custodian's
672	672	16 compliance with critical services mitigates the necessity for
673	673	17 removal of the minor from his or her home, the court may enter
674	674	18 an Order of Protection setting forth reasonable conditions of
675	675	19 behavior that a parent, guardian, or custodian must observe
676	676	20 for a specified period of time, not to exceed 12 months,
677	677	21 without a violation; provided, however, that the 12-month
678	678	22 period shall begin anew after any violation. "Custodian"
679	679	23 includes the Department of Children and Family Services, if it
680	680	24 has been given custody of the child, or any other agency of the
681	681	25 State which has been given custody or wardship of the child. If
682	682	26 it is consistent with the health, safety and best interests of
683	683
684	684
685	685
686	686
687	687
688	688	HB3237 - 18 - LRB103 30340 RLC 56770 b
689	689
690	690
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692	692	HB3237 - 19 - LRB103 30340 RLC 56770 b
693	693	1 the minor, the court may also prescribe shelter care and order
694	694	2 that the minor be kept in a suitable place designated by the
695	695	3 court or in a shelter care facility designated by the
696	696	4 Department of Children and Family Services or a licensed child
697	697	5 welfare agency; however, on and after January 1, 2015 (the
698	698	6 effective date of Public Act 98-803) and before January 1,
699	699	7 2017, a minor charged with a criminal offense under the
700	700	8 Criminal Code of 1961 or the Criminal Code of 2012 or
701	701	9 adjudicated delinquent shall not be placed in the custody of
702	702	10 or committed to the Department of Children and Family Services
703	703	11 by any court, except a minor less than 16 years of age and
704	704	12 committed to the Department of Children and Family Services
705	705	13 under Section 5-710 of this Act or a minor for whom an
706	706	14 independent basis of abuse, neglect, or dependency exists; and
707	707	15 on and after January 1, 2017, a minor charged with a criminal
708	708	16 offense under the Criminal Code of 1961 or the Criminal Code of
709	709	17 2012 or adjudicated delinquent shall not be placed in the
710	710	18 custody of or committed to the Department of Children and
711	711	19 Family Services by any court, except a minor less than 15 years
712	712	20 of age and committed to the Department of Children and Family
713	713	21 Services under Section 5-710 of this Act or a minor for whom an
714	714	22 independent basis of abuse, neglect, or dependency exists. An
715	715	23 independent basis exists when the allegations or adjudication
716	716	24 of abuse, neglect, or dependency do not arise from the same
717	717	25 facts, incident, or circumstances which give rise to a charge
718	718	26 or adjudication of delinquency.
719	719
720	720
721	721
722	722
723	723
724	724	HB3237 - 19 - LRB103 30340 RLC 56770 b
725	725
726	726
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728	728	HB3237 - 20 - LRB103 30340 RLC 56770 b
729	729	1 In placing the minor, the Department or other agency
730	730	2 shall, to the extent compatible with the court's order, comply
731	731	3 with Section 7 of the Children and Family Services Act. In
732	732	4 determining the health, safety and best interests of the minor
733	733	5 to prescribe shelter care, the court must find that it is a
734	734	6 matter of immediate and urgent necessity for the safety and
735	735	7 protection of the minor or of the person or property of another
736	736	8 that the minor be placed in a shelter care facility or that he
737	737	9 or she is likely to flee the jurisdiction of the court, and
738	738	10 must further find that reasonable efforts have been made or
739	739	11 that, consistent with the health, safety and best interests of
740	740	12 the minor, no efforts reasonably can be made to prevent or
741	741	13 eliminate the necessity of removal of the minor from his or her
742	742	14 home. The court shall require documentation from the
743	743	15 Department of Children and Family Services as to the
744	744	16 reasonable efforts that were made to prevent or eliminate the
745	745	17 necessity of removal of the minor from his or her home or the
746	746	18 reasons why no efforts reasonably could be made to prevent or
747	747	19 eliminate the necessity of removal. When a minor is placed in
748	748	20 the home of a relative, the Department of Children and Family
749	749	21 Services shall complete a preliminary background review of the
750	750	22 members of the minor's custodian's household in accordance
751	751	23 with Section 4.3 of the Child Care Act of 1969 within 90 days
752	752	24 of that placement. If the minor is ordered placed in a shelter
753	753	25 care facility of the Department of Children and Family
754	754	26 Services or a licensed child welfare agency, the court shall,
755	755
756	756
757	757
758	758
759	759
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761	761
762	762
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764	764	HB3237 - 21 - LRB103 30340 RLC 56770 b
765	765	1 upon request of the appropriate Department or other agency,
766	766	2 appoint the Department of Children and Family Services
767	767	3 Guardianship Administrator or other appropriate agency
768	768	4 executive temporary custodian of the minor and the court may
769	769	5 enter such other orders related to the temporary custody as it
770	770	6 deems fit and proper, including the provision of services to
771	771	7 the minor or his family to ameliorate the causes contributing
772	772	8 to the finding of probable cause or to the finding of the
773	773	9 existence of immediate and urgent necessity.
774	774	10 Where the Department of Children and Family Services
775	775	11 Guardianship Administrator is appointed as the executive
776	776	12 temporary custodian, the Department of Children and Family
777	777	13 Services shall file with the court and serve on the parties a
778	778	14 parent-child visiting plan, within 10 days, excluding weekends
779	779	15 and holidays, after the appointment. The parent-child visiting
780	780	16 plan shall set out the time and place of visits, the frequency
781	781	17 of visits, the length of visits, who shall be present at the
782	782	18 visits, and where appropriate, the minor's opportunities to
783	783	19 have telephone and mail communication with the parents.
784	784	20 Where the Department of Children and Family Services
785	785	21 Guardianship Administrator is appointed as the executive
786	786	22 temporary custodian, and when the child has siblings in care,
787	787	23 the Department of Children and Family Services shall file with
788	788	24 the court and serve on the parties a sibling placement and
789	789	25 contact plan within 10 days, excluding weekends and holidays,
790	790	26 after the appointment. The sibling placement and contact plan
791	791
792	792
793	793
794	794
795	795
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797	797
798	798
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801	801	1 shall set forth whether the siblings are placed together, and
802	802	2 if they are not placed together, what, if any, efforts are
803	803	3 being made to place them together. If the Department has
804	804	4 determined that it is not in a child's best interest to be
805	805	5 placed with a sibling, the Department shall document in the
806	806	6 sibling placement and contact plan the basis for its
807	807	7 determination. For siblings placed separately, the sibling
808	808	8 placement and contact plan shall set the time and place for
809	809	9 visits, the frequency of the visits, the length of visits, who
810	810	10 shall be present for the visits, and where appropriate, the
811	811	11 child's opportunities to have contact with their siblings in
812	812	12 addition to in person contact. If the Department determines it
813	813	13 is not in the best interest of a sibling to have contact with a
814	814	14 sibling, the Department shall document in the sibling
815	815	15 placement and contact plan the basis for its determination.
816	816	16 The sibling placement and contact plan shall specify a date
817	817	17 for development of the Sibling Contact Support Plan, under
818	818	18 subsection (f) of Section 7.4 of the Children and Family
819	819	19 Services Act, and shall remain in effect until the Sibling
820	820	20 Contact Support Plan is developed.
821	821	21 For good cause, the court may waive the requirement to
822	822	22 file the parent-child visiting plan or the sibling placement
823	823	23 and contact plan, or extend the time for filing either plan.
824	824	24 Any party may, by motion, request the court to review the
825	825	25 parent-child visiting plan to determine whether it is
826	826	26 reasonably calculated to expeditiously facilitate the
827	827
828	828
829	829
830	830
831	831
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833	833
834	834
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836	836	HB3237 - 23 - LRB103 30340 RLC 56770 b
837	837	1 achievement of the permanency goal. A party may, by motion,
838	838	2 request the court to review the parent-child visiting plan or
839	839	3 the sibling placement and contact plan to determine whether it
840	840	4 is consistent with the minor's best interest. The court may
841	841	5 refer the parties to mediation where available. The frequency,
842	842	6 duration, and locations of visitation shall be measured by the
843	843	7 needs of the child and family, and not by the convenience of
844	844	8 Department personnel. Child development principles shall be
845	845	9 considered by the court in its analysis of how frequent
846	846	10 visitation should be, how long it should last, where it should
847	847	11 take place, and who should be present. If upon motion of the
848	848	12 party to review either plan and after receiving evidence, the
849	849	13 court determines that the parent-child visiting plan is not
850	850	14 reasonably calculated to expeditiously facilitate the
851	851	15 achievement of the permanency goal or that the restrictions
852	852	16 placed on parent-child contact or sibling placement or contact
853	853	17 are contrary to the child's best interests, the court shall
854	854	18 put in writing the factual basis supporting the determination
855	855	19 and enter specific findings based on the evidence. The court
856	856	20 shall enter an order for the Department to implement changes
857	857	21 to the parent-child visiting plan or sibling placement or
858	858	22 contact plan, consistent with the court's findings. At any
859	859	23 stage of proceeding, any party may by motion request the court
860	860	24 to enter any orders necessary to implement the parent-child
861	861	25 visiting plan, sibling placement or contact plan or
862	862	26 subsequently developed Sibling Contact Support Plan. Nothing
863	863
864	864
865	865
866	866
867	867
868	868	HB3237 - 23 - LRB103 30340 RLC 56770 b
869	869
870	870
871	871	HB3237- 24 -LRB103 30340 RLC 56770 b HB3237 - 24 - LRB103 30340 RLC 56770 b
872	872	HB3237 - 24 - LRB103 30340 RLC 56770 b
873	873	1 under this subsection (2) shall restrict the court from
874	874	2 granting discretionary authority to the Department to increase
875	875	3 opportunities for additional parent-child contacts or sibling
876	876	4 contacts, without further court orders. Nothing in this
877	877	5 subsection (2) shall restrict the Department from immediately
878	878	6 restricting or terminating parent-child contact or sibling
879	879	7 contacts, without either amending the parent-child visiting
880	880	8 plan or the sibling contact plan or obtaining a court order,
881	881	9 where the Department or its assigns reasonably believe there
882	882	10 is an immediate need to protect the child's health, safety,
883	883	11 and welfare. Such restrictions or terminations must be based
884	884	12 on available facts to the Department and its assigns when
885	885	13 viewed in light of the surrounding circumstances and shall
886	886	14 only occur on an individual case-by-case basis. The Department
887	887	15 shall file with the court and serve on the parties any
888	888	16 amendments to the plan within 10 days, excluding weekends and
889	889	17 holidays, of the change of the visitation.
890	890	18 Acceptance of services shall not be considered an
891	891	19 admission of any allegation in a petition made pursuant to
892	892	20 this Act, nor may a referral of services be considered as
893	893	21 evidence in any proceeding pursuant to this Act, except where
894	894	22 the issue is whether the Department has made reasonable
895	895	23 efforts to reunite the family. In making its findings that it
896	896	24 is consistent with the health, safety and best interests of
897	897	25 the minor to prescribe shelter care, the court shall state in
898	898	26 writing (i) the factual basis supporting its findings
899	899
900	900
901	901
902	902
903	903
904	904	HB3237 - 24 - LRB103 30340 RLC 56770 b
905	905
906	906
907	907	HB3237- 25 -LRB103 30340 RLC 56770 b HB3237 - 25 - LRB103 30340 RLC 56770 b
908	908	HB3237 - 25 - LRB103 30340 RLC 56770 b
909	909	1 concerning the immediate and urgent necessity for the
910	910	2 protection of the minor or of the person or property of another
911	911	3 and (ii) the factual basis supporting its findings that
912	912	4 reasonable efforts were made to prevent or eliminate the
913	913	5 removal of the minor from his or her home or that no efforts
914	914	6 reasonably could be made to prevent or eliminate the removal
915	915	7 of the minor from his or her home. The parents, guardian,
916	916	8 custodian, temporary custodian and minor shall each be
917	917	9 furnished a copy of such written findings. The temporary
918	918	10 custodian shall maintain a copy of the court order and written
919	919	11 findings in the case record for the child. The order together
920	920	12 with the court's findings of fact in support thereof shall be
921	921	13 entered of record in the court.
922	922	14 Once the court finds that it is a matter of immediate and
923	923	15 urgent necessity for the protection of the minor that the
924	924	16 minor be placed in a shelter care facility, the minor shall not
925	925	17 be returned to the parent, custodian or guardian until the
926	926	18 court finds that such placement is no longer necessary for the
927	927	19 protection of the minor.
928	928	20 If the child is placed in the temporary custody of the
929	929	21 Department of Children and Family Services for his or her
930	930	22 protection, the court shall admonish the parents, guardian,
931	931	23 custodian or responsible relative that the parents must
932	932	24 cooperate with the Department of Children and Family Services,
933	933	25 comply with the terms of the service plans, and correct the
934	934	26 conditions which require the child to be in care, or risk
935	935
936	936
937	937
938	938
939	939
940	940	HB3237 - 25 - LRB103 30340 RLC 56770 b
941	941
942	942
943	943	HB3237- 26 -LRB103 30340 RLC 56770 b HB3237 - 26 - LRB103 30340 RLC 56770 b
944	944	HB3237 - 26 - LRB103 30340 RLC 56770 b
945	945	1 termination of their parental rights. The court shall ensure,
946	946	2 by inquiring in open court of each parent, guardian, custodian
947	947	3 or responsible relative, that the parent, guardian, custodian
948	948	4 or responsible relative has had the opportunity to provide the
949	949	5 Department with all known names, addresses, and telephone
950	950	6 numbers of each of the minor's living maternal and paternal
951	951	7 adult relatives, including, but not limited to, grandparents,
952	952	8 aunts, uncles, and siblings. The court shall advise the
953	953	9 parents, guardian, custodian or responsible relative to inform
954	954	10 the Department if additional information regarding the minor's
955	955	11 adult relatives becomes available.
956	956	12 (3) If prior to the shelter care hearing for a minor
957	957	13 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
958	958	14 unable to serve notice on the party respondent, the shelter
959	959	15 care hearing may proceed ex parte. A shelter care order from an
960	960	16 ex parte hearing shall be endorsed with the date and hour of
961	961	17 issuance and shall be filed with the clerk's office and
962	962	18 entered of record. The order shall expire after 10 days from
963	963	19 the time it is issued unless before its expiration it is
964	964	20 renewed, at a hearing upon appearance of the party respondent,
965	965	21 or upon an affidavit of the moving party as to all diligent
966	966	22 efforts to notify the party respondent by notice as herein
967	967	23 prescribed. The notice prescribed shall be in writing and
968	968	24 shall be personally delivered to the minor or the minor's
969	969	25 attorney and to the last known address of the other person or
970	970	26 persons entitled to notice. The notice shall also state the
971	971
972	972
973	973
974	974
975	975
976	976	HB3237 - 26 - LRB103 30340 RLC 56770 b
977	977
978	978
979	979	HB3237- 27 -LRB103 30340 RLC 56770 b HB3237 - 27 - LRB103 30340 RLC 56770 b
980	980	HB3237 - 27 - LRB103 30340 RLC 56770 b
981	981	1 nature of the allegations, the nature of the order sought by
982	982	2 the State, including whether temporary custody is sought, and
983	983	3 the consequences of failure to appear and shall contain a
984	984	4 notice that the parties will not be entitled to further
985	985	5 written notices or publication notices of proceedings in this
986	986	6 case, including the filing of an amended petition or a motion
987	987	7 to terminate parental rights, except as required by Supreme
988	988	8 Court Rule 11; and shall explain the right of the parties and
989	989	9 the procedures to vacate or modify a shelter care order as
990	990	10 provided in this Section. The notice for a shelter care
991	991	11 hearing shall be substantially as follows:
992	992	12 NOTICE TO PARENTS AND CHILDREN
993	993	13 OF SHELTER CARE HEARING
994	994	14 On ................ at ........., before the Honorable
995	995	15 ................, (address:) ................., the State
996	996	16 of Illinois will present evidence (1) that (name of child
997	997	17 or children) ....................... are abused, neglected
998	998	18 or dependent for the following reasons:
999	999	19 .............................................. and (2)
1000	1000	20 whether there is "immediate and urgent necessity" to
1001	1001	21 remove the child or children from the responsible
1002	1002	22 relative.
1003	1003	23 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
1004	1004	24 PLACEMENT of the child or children in foster care until a
1005	1005	25 trial can be held. A trial may not be held for up to 90
1006	1006	26 days. You will not be entitled to further notices of
1007	1007
1008	1008
1009	1009
1010	1010
1011	1011
1012	1012	HB3237 - 27 - LRB103 30340 RLC 56770 b
1013	1013
1014	1014
1015	1015	HB3237- 28 -LRB103 30340 RLC 56770 b HB3237 - 28 - LRB103 30340 RLC 56770 b
1016	1016	HB3237 - 28 - LRB103 30340 RLC 56770 b
1017	1017	1 proceedings in this case, including the filing of an
1018	1018	2 amended petition or a motion to terminate parental rights.
1019	1019	3 At the shelter care hearing, parents have the
1020	1020	4 following rights:
1021	1021	5 1. To ask the court to appoint a lawyer if they
1022	1022	6 cannot afford one.
1023	1023	7 2. To ask the court to continue the hearing to
1024	1024	8 allow them time to prepare.
1025	1025	9 3. To present evidence concerning:
1026	1026	10 a. Whether or not the child or children were
1027	1027	11 abused, neglected or dependent.
1028	1028	12 b. Whether or not there is "immediate and
1029	1029	13 urgent necessity" to remove the child from home
1030	1030	14 (including: their ability to care for the child,
1031	1031	15 conditions in the home, alternative means of
1032	1032	16 protecting the child other than removal).
1033	1033	17 c. The best interests of the child.
1034	1034	18 4. To cross examine the State's witnesses.
1035	1035	19 The Notice for rehearings shall be substantially as
1036	1036	20 follows:
1037	1037	21 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
1038	1038	22 TO REHEARING ON TEMPORARY CUSTODY
1039	1039	23 If you were not present at and did not have adequate
1040	1040	24 notice of the Shelter Care Hearing at which temporary
1041	1041	25 custody of ............... was awarded to
1042	1042
1043	1043
1044	1044
1045	1045
1046	1046
1047	1047	HB3237 - 28 - LRB103 30340 RLC 56770 b
1048	1048
1049	1049
1050	1050	HB3237- 29 -LRB103 30340 RLC 56770 b HB3237 - 29 - LRB103 30340 RLC 56770 b
1051	1051	HB3237 - 29 - LRB103 30340 RLC 56770 b
1052	1052	1 ................, you have the right to request a full
1053	1053	2 rehearing on whether the State should have temporary
1054	1054	3 custody of ................. To request this rehearing,
1055	1055	4 you must file with the Clerk of the Juvenile Court
1056	1056	5 (address): ........................, in person or by
1057	1057	6 mailing a statement (affidavit) setting forth the
1058	1058	7 following:
1059	1059	8 1. That you were not present at the shelter care
1060	1060	9 hearing.
1061	1061	10 2. That you did not get adequate notice
1062	1062	11 (explaining how the notice was inadequate).
1063	1063	12 3. Your signature.
1064	1064	13 4. Signature must be notarized.
1065	1065	14 The rehearing should be scheduled within 48 hours of
1066	1066	15 your filing this affidavit.
1067	1067	16 At the rehearing, your rights are the same as at the
1068	1068	17 initial shelter care hearing. The enclosed notice explains
1069	1069	18 those rights.
1070	1070	19 At the Shelter Care Hearing, children have the
1071	1071	20 following rights:
1072	1072	21 1. To have a guardian ad litem appointed.
1073	1073	22 2. To be declared competent as a witness and to
1074	1074	23 present testimony concerning:
1075	1075	24 a. Whether they are abused, neglected or
1076	1076	25 dependent.
1077	1077	26 b. Whether there is "immediate and urgent
1078	1078
1079	1079
1080	1080
1081	1081
1082	1082
1083	1083	HB3237 - 29 - LRB103 30340 RLC 56770 b
1084	1084
1085	1085
1086	1086	HB3237- 30 -LRB103 30340 RLC 56770 b HB3237 - 30 - LRB103 30340 RLC 56770 b
1087	1087	HB3237 - 30 - LRB103 30340 RLC 56770 b
1088	1088	1 necessity" to be removed from home.
1089	1089	2 c. Their best interests.
1090	1090	3 3. To cross examine witnesses for other parties.
1091	1091	4 4. To obtain an explanation of any proceedings and
1092	1092	5 orders of the court.
1093	1093	6 (4) If the parent, guardian, legal custodian, responsible
1094	1094	7 relative, minor age 8 or over, or counsel of the minor did not
1095	1095	8 have actual notice of or was not present at the shelter care
1096	1096	9 hearing, he or she may file an affidavit setting forth these
1097	1097	10 facts, and the clerk shall set the matter for rehearing not
1098	1098	11 later than 48 hours, excluding Sundays and legal holidays,
1099	1099	12 after the filing of the affidavit. At the rehearing, the court
1100	1100	13 shall proceed in the same manner as upon the original hearing.
1101	1101	14 (5) Only when there is reasonable cause to believe that
1102	1102	15 the minor taken into custody is a person described in
1103	1103	16 subsection (3) of Section 5-105 may the minor be kept or
1104	1104	17 detained in a detention home or county or municipal jail. This
1105	1105	18 Section shall in no way be construed to limit subsection (6).
1106	1106	19 (6) No minor under 16 years of age may be confined in a
1107	1107	20 jail or place ordinarily used for the confinement of prisoners
1108	1108	21 in a police station. Minors under 18 years of age must be kept
1109	1109	22 separate from confined adults and may not at any time be kept
1110	1110	23 in the same cell, room, or yard with adults confined pursuant
1111	1111	24 to the criminal law.
1112	1112	25 (7) If the minor is not brought before a judicial officer
1113	1113	26 within the time period as specified in Section 2-9, the minor
1114	1114
1115	1115
1116	1116
1117	1117
1118	1118
1119	1119	HB3237 - 30 - LRB103 30340 RLC 56770 b
1120	1120
1121	1121
1122	1122	HB3237- 31 -LRB103 30340 RLC 56770 b HB3237 - 31 - LRB103 30340 RLC 56770 b
1123	1123	HB3237 - 31 - LRB103 30340 RLC 56770 b
1124	1124	1 must immediately be released from custody.
1125	1125	2 (8) If neither the parent, guardian or custodian appears
1126	1126	3 within 24 hours to take custody of a minor released upon
1127	1127	4 request pursuant to subsection (2) of this Section, then the
1128	1128	5 clerk of the court shall set the matter for rehearing not later
1129	1129	6 than 7 days after the original order and shall issue a summons
1130	1130	7 directed to the parent, guardian or custodian to appear. At
1131	1131	8 the same time the probation department shall prepare a report
1132	1132	9 on the minor. If a parent, guardian or custodian does not
1133	1133	10 appear at such rehearing, the judge may enter an order
1134	1134	11 prescribing that the minor be kept in a suitable place
1135	1135	12 designated by the Department of Children and Family Services
1136	1136	13 or a licensed child welfare agency.
1137	1137	14 (9) Notwithstanding any other provision of this Section
1138	1138	15 any interested party, including the State, the temporary
1139	1139	16 custodian, an agency providing services to the minor or family
1140	1140	17 under a service plan pursuant to Section 8.2 of the Abused and
1141	1141	18 Neglected Child Reporting Act, foster parent, or any of their
1142	1142	19 representatives, on notice to all parties entitled to notice,
1143	1143	20 may file a motion that it is in the best interests of the minor
1144	1144	21 to modify or vacate a temporary custody order on any of the
1145	1145	22 following grounds:
1146	1146	23 (a) It is no longer a matter of immediate and urgent
1147	1147	24 necessity that the minor remain in shelter care; or
1148	1148	25 (b) There is a material change in the circumstances of
1149	1149	26 the natural family from which the minor was removed and
1150	1150
1151	1151
1152	1152
1153	1153
1154	1154
1155	1155	HB3237 - 31 - LRB103 30340 RLC 56770 b
1156	1156
1157	1157
1158	1158	HB3237- 32 -LRB103 30340 RLC 56770 b HB3237 - 32 - LRB103 30340 RLC 56770 b
1159	1159	HB3237 - 32 - LRB103 30340 RLC 56770 b
1160	1160	1 the child can be cared for at home without endangering the
1161	1161	2 child's health or safety; or
1162	1162	3 (c) A person not a party to the alleged abuse, neglect
1163	1163	4 or dependency, including a parent, relative or legal
1164	1164	5 guardian, is capable of assuming temporary custody of the
1165	1165	6 minor; or
1166	1166	7 (d) Services provided by the Department of Children
1167	1167	8 and Family Services or a child welfare agency or other
1168	1168	9 service provider have been successful in eliminating the
1169	1169	10 need for temporary custody and the child can be cared for
1170	1170	11 at home without endangering the child's health or safety.
1171	1171	12 In ruling on the motion, the court shall determine whether
1172	1172	13 it is consistent with the health, safety and best interests of
1173	1173	14 the minor to modify or vacate a temporary custody order. If the
1174	1174	15 minor is being restored to the custody of a parent, legal
1175	1175	16 custodian, or guardian who lives outside of Illinois, and an
1176	1176	17 Interstate Compact has been requested and refused, the court
1177	1177	18 may order the Department of Children and Family Services to
1178	1178	19 arrange for an assessment of the minor's proposed living
1179	1179	20 arrangement and for ongoing monitoring of the health, safety,
1180	1180	21 and best interest of the minor and compliance with any order of
1181	1181	22 protective supervision entered in accordance with Section 2-20
1182	1182	23 or 2-25.
1183	1183	24 The clerk shall set the matter for hearing not later than
1184	1184	25 14 days after such motion is filed. In the event that the court
1185	1185	26 modifies or vacates a temporary custody order but does not
1186	1186
1187	1187
1188	1188
1189	1189
1190	1190
1191	1191	HB3237 - 32 - LRB103 30340 RLC 56770 b
1192	1192
1193	1193
1194	1194	HB3237- 33 -LRB103 30340 RLC 56770 b HB3237 - 33 - LRB103 30340 RLC 56770 b
1195	1195	HB3237 - 33 - LRB103 30340 RLC 56770 b
1196	1196	1 vacate its finding of probable cause, the court may order that
1197	1197	2 appropriate services be continued or initiated in behalf of
1198	1198	3 the minor and his or her family.
1199	1199	4 (10) When the court finds or has found that there is
1200	1200	5 probable cause to believe a minor is an abused minor as
1201	1201	6 described in subsection (2) of Section 2-3 and that there is an
1202	1202	7 immediate and urgent necessity for the abused minor to be
1203	1203	8 placed in shelter care, immediate and urgent necessity shall
1204	1204	9 be presumed for any other minor residing in the same household
1205	1205	10 as the abused minor provided:
1206	1206	11 (a) Such other minor is the subject of an abuse or
1207	1207	12 neglect petition pending before the court; and
1208	1208	13 (b) A party to the petition is seeking shelter care
1209	1209	14 for such other minor.
1210	1210	15 Once the presumption of immediate and urgent necessity has
1211	1211	16 been raised, the burden of demonstrating the lack of immediate
1212	1212	17 and urgent necessity shall be on any party that is opposing
1213	1213	18 shelter care for the other minor.
1214	1214	19 (11) The changes made to this Section by Public Act 98-61
1215	1215	20 apply to a minor who has been arrested or taken into custody on
1216	1216	21 or after January 1, 2014 (the effective date of Public Act
1217	1217	22 98-61).
1218	1218	23 (12) After the court has placed a minor in the care of a
1219	1219	24 temporary custodian pursuant to this Section, any party may
1220	1220	25 file a motion requesting the court to grant the temporary
1221	1221	26 custodian the authority to serve as a surrogate decision maker
1222	1222
1223	1223
1224	1224
1225	1225
1226	1226
1227	1227	HB3237 - 33 - LRB103 30340 RLC 56770 b
1228	1228
1229	1229
1230	1230	HB3237- 34 -LRB103 30340 RLC 56770 b HB3237 - 34 - LRB103 30340 RLC 56770 b
1231	1231	HB3237 - 34 - LRB103 30340 RLC 56770 b
1232	1232	1 for the minor under the Health Care Surrogate Act for purposes
1233	1233	2 of making decisions pursuant to paragraph (1) of subsection
1234	1234	3 (b) of Section 20 of the Health Care Surrogate Act. The court
1235	1235	4 may grant the motion if it determines by clear and convincing
1236	1236	5 evidence that it is in the best interests of the minor to grant
1237	1237	6 the temporary custodian such authority. In making its
1238	1238	7 determination, the court shall weigh the following factors in
1239	1239	8 addition to considering the best interests factors listed in
1240	1240	9 subsection (4.05) of Section 1-3 of this Act:
1241	1241	10 (a) the efforts to identify and locate the respondents
1242	1242	11 and adult family members of the minor and the results of
1243	1243	12 those efforts;
1244	1244	13 (b) the efforts to engage the respondents and adult
1245	1245	14 family members of the minor in decision making on behalf
1246	1246	15 of the minor;
1247	1247	16 (c) the length of time the efforts in paragraphs (a)
1248	1248	17 and (b) have been ongoing;
1249	1249	18 (d) the relationship between the respondents and adult
1250	1250	19 family members and the minor;
1251	1251	20 (e) medical testimony regarding the extent to which
1252	1252	21 the minor is suffering and the impact of a delay in
1253	1253	22 decision-making on the minor; and
1254	1254	23 (f) any other factor the court deems relevant.
1255	1255	24 If the Department of Children and Family Services is the
1256	1256	25 temporary custodian of the minor, in addition to the
1257	1257	26 requirements of paragraph (1) of subsection (b) of Section 20
1258	1258
1259	1259
1260	1260
1261	1261
1262	1262
1263	1263	HB3237 - 34 - LRB103 30340 RLC 56770 b
1264	1264
1265	1265
1266	1266	HB3237- 35 -LRB103 30340 RLC 56770 b HB3237 - 35 - LRB103 30340 RLC 56770 b
1267	1267	HB3237 - 35 - LRB103 30340 RLC 56770 b
1268	1268	1 of the Health Care Surrogate Act, the Department shall follow
1269	1269	2 its rules and procedures in exercising authority granted under
1270	1270	3 this subsection.
1271	1271	4 (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
1272	1272	5 102-813, eff. 5-13-22.)
1273	1273	6 (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
1274	1274	7 Sec. 2-18. Evidence.
1275	1275	8 (1) At the adjudicatory hearing, the court shall first
1276	1276	9 consider only the question whether the minor is abused,
1277	1277	10 neglected or dependent. The standard of proof and the rules of
1278	1278	11 evidence in the nature of civil proceedings in this State are
1279	1279	12 applicable to proceedings under this Article. If the petition
1280	1280	13 also seeks the appointment of a guardian of the person with
1281	1281	14 power to consent to adoption of the minor under Section 2-29,
1282	1282	15 the court may also consider legally admissible evidence at the
1283	1283	16 adjudicatory hearing that one or more grounds of unfitness
1284	1284	17 exists under subdivision D of Section 1 of the Adoption Act.
1285	1285	18 (2) In any hearing under this Act, the following shall
1286	1286	19 constitute prima facie evidence of abuse or neglect, as the
1287	1287	20 case may be:
1288	1288	21 (a) proof that a minor has a medical diagnosis of
1289	1289	22 battered child syndrome is prima facie evidence of abuse;
1290	1290	23 (b) proof that a minor has a medical diagnosis of
1291	1291	24 failure to thrive syndrome is prima facie evidence of
1292	1292	25 neglect;
1293	1293
1294	1294
1295	1295
1296	1296
1297	1297
1298	1298	HB3237 - 35 - LRB103 30340 RLC 56770 b
1299	1299
1300	1300
1301	1301	HB3237- 36 -LRB103 30340 RLC 56770 b HB3237 - 36 - LRB103 30340 RLC 56770 b
1302	1302	HB3237 - 36 - LRB103 30340 RLC 56770 b
1303	1303	1 (c) proof that a minor has a medical diagnosis of
1304	1304	2 fetal alcohol syndrome is prima facie evidence of neglect;
1305	1305	3 (d) proof that a minor has a medical diagnosis at
1306	1306	4 birth of withdrawal symptoms from narcotics or
1307	1307	5 barbiturates is prima facie evidence of neglect;
1308	1308	6 (e) proof of injuries sustained by a minor or of the
1309	1309	7 condition of a minor of such a nature as would ordinarily
1310	1310	8 not be sustained or exist except by reason of the acts or
1311	1311	9 omissions of the parent, custodian or guardian of such
1312	1312	10 minor shall be prima facie evidence of abuse or neglect,
1313	1313	11 as the case may be;
1314	1314	12 (f) proof that a parent, custodian or guardian of a
1315	1315	13 minor repeatedly used a drug, to the extent that it has or
1316	1316	14 would ordinarily have the effect of producing in the user
1317	1317	15 a substantial state of stupor, unconsciousness,
1318	1318	16 intoxication, hallucination, disorientation or
1319	1319	17 incompetence, or a substantial impairment of judgment, or
1320	1320	18 a substantial manifestation of irrationality, shall be
1321	1321	19 prima facie evidence of neglect;
1322	1322	20 (g) proof that a parent, custodian, or guardian of a
1323	1323	21 minor repeatedly used a controlled substance, as defined
1324	1324	22 in subsection (f) of Section 102 of the Illinois
1325	1325	23 Controlled Substances Act, in the presence of the minor or
1326	1326	24 a sibling of the minor is prima facie evidence of neglect.
1327	1327	25 "Repeated use", for the purpose of this subsection, means
1328	1328	26 more than one use of a controlled substance as defined in
1329	1329
1330	1330
1331	1331
1332	1332
1333	1333
1334	1334	HB3237 - 36 - LRB103 30340 RLC 56770 b
1335	1335
1336	1336
1337	1337	HB3237- 37 -LRB103 30340 RLC 56770 b HB3237 - 37 - LRB103 30340 RLC 56770 b
1338	1338	HB3237 - 37 - LRB103 30340 RLC 56770 b
1339	1339	1 subsection (f) of Section 102 of the Illinois Controlled
1340	1340	2 Substances Act;
1341	1341	3 (h) proof that a newborn infant's blood, urine, or
1342	1342	4 meconium contains any amount of a controlled substance as
1343	1343	5 defined in subsection (f) of Section 102 of the Illinois
1344	1344	6 Controlled Substances Act, or a metabolite of a controlled
1345	1345	7 substance, with the exception of controlled substances or
1346	1346	8 metabolites of those substances, the presence of which is
1347	1347	9 the result of medical treatment administered to the mother
1348	1348	10 or the newborn, is prime facie evidence of neglect;
1349	1349	11 (i) proof that a minor was present in a structure or
1350	1350	12 vehicle in which the minor's parent, custodian, or
1351	1351	13 guardian was involved in the manufacture of
1352	1352	14 methamphetamine constitutes prima facie evidence of abuse
1353	1353	15 and neglect;
1354	1354	16 (j) proof that a parent, custodian, or guardian of a
1355	1355	17 minor allows, encourages, or requires a minor to perform,
1356	1356	18 offer, or agree to perform any act of sexual penetration
1357	1357	19 as defined in Section 11-0.1 of the Criminal Code of 2012
1358	1358	20 for any money, property, token, object, or article or
1359	1359	21 anything of value, or any touching or fondling of the sex
1360	1360	22 organs of one person by another person, for any money,
1361	1361	23 property, token, object, or article or anything of value,
1362	1362	24 for the purpose of sexual arousal or gratification,
1363	1363	25 constitutes prima facie evidence of abuse and neglect;
1364	1364	26 (k) proof that a parent, custodian, or guardian of a
1365	1365
1366	1366
1367	1367
1368	1368
1369	1369
1370	1370	HB3237 - 37 - LRB103 30340 RLC 56770 b
1371	1371
1372	1372
1373	1373	HB3237- 38 -LRB103 30340 RLC 56770 b HB3237 - 38 - LRB103 30340 RLC 56770 b
1374	1374	HB3237 - 38 - LRB103 30340 RLC 56770 b
1375	1375	1 minor commits or allows to be committed the offense of
1376	1376	2 involuntary servitude, involuntary sexual servitude of a
1377	1377	3 minor, or trafficking in persons as defined in Section
1378	1378	4 10-9 of the Criminal Code of 1961 or the Criminal Code of
1379	1379	5 2012, upon such minor, constitutes prima facie evidence of
1380	1380	6 abuse and neglect.
1381	1381	7 (3) In any hearing under this Act, proof of the abuse,
1382	1382	8 neglect or dependency of one minor shall be admissible
1383	1383	9 evidence on the issue of the abuse, neglect or dependency of
1384	1384	10 any other minor for whom the respondent is responsible.
1385	1385	11 (4) (a) Any writing, record, photograph or x-ray of any
1386	1386	12 hospital or public or private agency, whether in the form of an
1387	1387	13 entry in a book or otherwise, made as a memorandum or record of
1388	1388	14 any condition, act, transaction, occurrence or event relating
1389	1389	15 to a minor in an abuse, neglect or dependency proceeding,
1390	1390	16 shall be admissible in evidence as proof of that condition,
1391	1391	17 act, transaction, occurrence or event, if the court finds that
1392	1392	18 the document was made in the regular course of the business of
1393	1393	19 the hospital or agency and that it was in the regular course of
1394	1394	20 such business to make it, at the time of the act, transaction,
1395	1395	21 occurrence or event, or within a reasonable time thereafter. A
1396	1396	22 certification by the head or responsible employee of the
1397	1397	23 hospital or agency that the writing, record, photograph or
1398	1398	24 x-ray is the full and complete record of the condition, act,
1399	1399	25 transaction, occurrence or event and that it satisfies the
1400	1400	26 conditions of this paragraph shall be prima facie evidence of
1401	1401
1402	1402
1403	1403
1404	1404
1405	1405
1406	1406	HB3237 - 38 - LRB103 30340 RLC 56770 b
1407	1407
1408	1408
1409	1409	HB3237- 39 -LRB103 30340 RLC 56770 b HB3237 - 39 - LRB103 30340 RLC 56770 b
1410	1410	HB3237 - 39 - LRB103 30340 RLC 56770 b
1411	1411	1 the facts contained in such certification. A certification by
1412	1412	2 someone other than the head of the hospital or agency shall be
1413	1413	3 accompanied by a photocopy of a delegation of authority signed
1414	1414	4 by both the head of the hospital or agency and by such other
1415	1415	5 employee. All other circumstances of the making of the
1416	1416	6 memorandum, record, photograph or x-ray, including lack of
1417	1417	7 personal knowledge of the maker, may be proved to affect the
1418	1418	8 weight to be accorded such evidence, but shall not affect its
1419	1419	9 admissibility.
1420	1420	10 (b) Any indicated report filed pursuant to the Abused and
1421	1421	11 Neglected Child Reporting Act shall be admissible in evidence.
1422	1422	12 (c) Previous statements made by the minor relating to any
1423	1423	13 allegations of abuse or neglect shall be admissible in
1424	1424	14 evidence. However, no such statement, if uncorroborated and
1425	1425	15 not subject to cross-examination, shall be sufficient in
1426	1426	16 itself to support a finding of abuse or neglect.
1427	1427	17 (d) There shall be a rebuttable presumption that a minor
1428	1428	18 is competent to testify in abuse or neglect proceedings. The
1429	1429	19 court shall determine how much weight to give to the minor's
1430	1430	20 testimony, and may allow the minor to testify in chambers with
1431	1431	21 only the court, the court reporter and attorneys for the
1432	1432	22 parties present.
1433	1433	23 (e) The privileged character of communication between any
1434	1434	24 professional person and patient or client, except privilege
1435	1435	25 between attorney and client or the privilege between a
1436	1436	26 domestic violence advocate or counselor and victim under
1437	1437
1438	1438
1439	1439
1440	1440
1441	1441
1442	1442	HB3237 - 39 - LRB103 30340 RLC 56770 b
1443	1443
1444	1444
1445	1445	HB3237- 40 -LRB103 30340 RLC 56770 b HB3237 - 40 - LRB103 30340 RLC 56770 b
1446	1446	HB3237 - 40 - LRB103 30340 RLC 56770 b
1447	1447	1 Section 227 of the Illinois Domestic Violence Act, and
1448	1448	2 privilege between a rape counselor and victim under the
1449	1449	3 Section 8-802.1 of the Code of Civil Procedure, shall not
1450	1450	4 apply to proceedings subject to this Article.
1451	1451	5 (f) Proof of the impairment of emotional health or
1452	1452	6 impairment of mental or emotional condition as a result of the
1453	1453	7 failure of the respondent to exercise a minimum degree of care
1454	1454	8 toward a minor may include competent opinion or expert
1455	1455	9 testimony, and may include proof that such impairment lessened
1456	1456	10 during a period when the minor was in the care, custody or
1457	1457	11 supervision of a person or agency other than the respondent.
1458	1458	12 (5) In any hearing under this Act alleging neglect for
1459	1459	13 failure to provide education as required by law under
1460	1460	14 subsection (1) of Section 2-3, proof that a minor under 13
1461	1461	15 years of age who is subject to compulsory school attendance
1462	1462	16 under the School Code is a chronic truant as defined under the
1463	1463	17 School Code shall be prima facie evidence of neglect by the
1464	1464	18 parent or guardian in any hearing under this Act and proof that
1465	1465	19 a minor who is 13 years of age or older who is subject to
1466	1466	20 compulsory school attendance under the School Code is a
1467	1467	21 chronic truant shall raise a rebuttable presumption of neglect
1468	1468	22 by the parent or guardian. This subsection (5) shall not apply
1469	1469	23 in counties with 2,000,000 or more inhabitants.
1470	1470	24 (6) In any hearing under this Act, the court may take
1471	1471	25 judicial notice of prior sworn testimony or evidence admitted
1472	1472	26 in prior proceedings involving the same minor if (a) the
1473	1473
1474	1474
1475	1475
1476	1476
1477	1477
1478	1478	HB3237 - 40 - LRB103 30340 RLC 56770 b
1479	1479
1480	1480
1481	1481	HB3237- 41 -LRB103 30340 RLC 56770 b HB3237 - 41 - LRB103 30340 RLC 56770 b
1482	1482	HB3237 - 41 - LRB103 30340 RLC 56770 b
1483	1483	1 parties were either represented by counsel at such prior
1484	1484	2 proceedings or the right to counsel was knowingly waived and
1485	1485	3 (b) the taking of judicial notice would not result in
1486	1486	4 admitting hearsay evidence at a hearing where it would
1487	1487	5 otherwise be prohibited.
1488	1488	6 (Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13;
1489	1489	7 97-1150, eff. 1-25-13.)
1490	1490	8 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
1491	1491	9 Sec. 2-21. Findings and adjudication.
1492	1492	10 (1) The court shall state for the record the manner in
1493	1493	11 which the parties received service of process and shall note
1494	1494	12 whether the return or returns of service, postal return
1495	1495	13 receipt or receipts for notice by certified mail, or
1496	1496	14 certificate or certificates of publication have been filed in
1497	1497	15 the court record. The court shall enter any appropriate orders
1498	1498	16 of default against any parent who has been properly served in
1499	1499	17 any manner and fails to appear.
1500	1500	18 No further service of process as defined in Sections 2-15
1501	1501	19 and 2-16 is required in any subsequent proceeding for a parent
1502	1502	20 who was properly served in any manner, except as required by
1503	1503	21 Supreme Court Rule 11.
1504	1504	22 The caseworker shall testify about the diligent search
1505	1505	23 conducted for the parent.
1506	1506	24 After hearing the evidence the court shall determine
1507	1507	25 whether or not the minor is abused, neglected, or dependent.
1508	1508
1509	1509
1510	1510
1511	1511
1512	1512
1513	1513	HB3237 - 41 - LRB103 30340 RLC 56770 b
1514	1514
1515	1515
1516	1516	HB3237- 42 -LRB103 30340 RLC 56770 b HB3237 - 42 - LRB103 30340 RLC 56770 b
1517	1517	HB3237 - 42 - LRB103 30340 RLC 56770 b
1518	1518	1 If it finds that the minor is not such a person, the court
1519	1519	2 shall order the petition dismissed and the minor discharged.
1520	1520	3 The court's determination of whether the minor is abused,
1521	1521	4 neglected, or dependent shall be stated in writing with the
1522	1522	5 factual basis supporting that determination.
1523	1523	6 If the court finds that the minor is abused, neglected, or
1524	1524	7 dependent, the court shall then determine and put in writing
1525	1525	8 the factual basis supporting that determination, and specify,
1526	1526	9 to the extent possible, the acts or omissions or both of each
1527	1527	10 parent, guardian, or legal custodian that form the basis of
1528	1528	11 the court's findings. In making such findings, domestic
1529	1529	12 violence against a parent, guardian, or custodian even in the
1530	1530	13 presence of the minor shall not be construed as the acts or
1531	1531	14 omissions of the parent, guardian, or custodian who
1532	1532	15 experienced domestic violence and any findings must be based
1533	1533	16 upon acts or omissions of that parent, guardian, or custodian
1534	1534	17 unrelated to incidents of domestic violence against the
1535	1535	18 parent, guardian, or custodian that are sufficient to
1536	1536	19 independently support a determination of abuse or neglect
1537	1537	20 under this Act. That finding shall appear in the order of the
1538	1538	21 court.
1539	1539	22 If the court finds that the child has been abused,
1540	1540	23 neglected or dependent, the court shall admonish the parents
1541	1541	24 that they must cooperate with the Department of Children and
1542	1542	25 Family Services, comply with the terms of the service plan,
1543	1543	26 and correct the conditions that require the child to be in
1544	1544
1545	1545
1546	1546
1547	1547
1548	1548
1549	1549	HB3237 - 42 - LRB103 30340 RLC 56770 b
1550	1550
1551	1551
1552	1552	HB3237- 43 -LRB103 30340 RLC 56770 b HB3237 - 43 - LRB103 30340 RLC 56770 b
1553	1553	HB3237 - 43 - LRB103 30340 RLC 56770 b
1554	1554	1 care, or risk termination of parental rights.
1555	1555	2 If the court determines that a person has inflicted
1556	1556	3 physical or sexual abuse upon a minor, the court shall report
1557	1557	4 that determination to the Illinois State Police, which shall
1558	1558	5 include that information in its report to the President of the
1559	1559	6 school board for a school district that requests a criminal
1560	1560	7 history records check of that person, or the regional
1561	1561	8 superintendent of schools who requests a check of that person,
1562	1562	9 as required under Section 10-21.9 or 34-18.5 of the School
1563	1563	10 Code.
1564	1564	11 (2) If, pursuant to subsection (1) of this Section, the
1565	1565	12 court determines and puts in writing the factual basis
1566	1566	13 supporting the determination that the minor is either abused
1567	1567	14 or neglected or dependent, the court shall then set a time not
1568	1568	15 later than 30 days after the entry of the finding for a
1569	1569	16 dispositional hearing (unless an earlier date is required
1570	1570	17 pursuant to Section 2-13.1) to be conducted under Section 2-22
1571	1571	18 at which hearing the court shall determine whether it is
1572	1572	19 consistent with the health, safety and best interests of the
1573	1573	20 minor and the public that he be made a ward of the court. To
1574	1574	21 assist the court in making this and other determinations at
1575	1575	22 the dispositional hearing, the court may order that an
1576	1576	23 investigation be conducted and a dispositional report be
1577	1577	24 prepared concerning the minor's physical and mental history
1578	1578	25 and condition, family situation and background, economic
1579	1579	26 status, education, occupation, history of delinquency or
1580	1580
1581	1581
1582	1582
1583	1583
1584	1584
1585	1585	HB3237 - 43 - LRB103 30340 RLC 56770 b
1586	1586
1587	1587
1588	1588	HB3237- 44 -LRB103 30340 RLC 56770 b HB3237 - 44 - LRB103 30340 RLC 56770 b
1589	1589	HB3237 - 44 - LRB103 30340 RLC 56770 b
1590	1590	1 criminality, personal habits, and any other information that
1591	1591	2 may be helpful to the court. The dispositional hearing may be
1592	1592	3 continued once for a period not to exceed 30 days if the court
1593	1593	4 finds that such continuance is necessary to complete the
1594	1594	5 dispositional report.
1595	1595	6 (3) The time limits of this Section may be waived only by
1596	1596	7 consent of all parties and approval by the court, as
1597	1597	8 determined to be consistent with the health, safety and best
1598	1598	9 interests of the minor.
1599	1599	10 (4) For all cases adjudicated prior to July 1, 1991, for
1600	1600	11 which no dispositional hearing has been held prior to that
1601	1601	12 date, a dispositional hearing under Section 2-22 shall be held
1602	1602	13 within 90 days of July 1, 1991.
1603	1603	14 (5) The court may terminate the parental rights of a
1604	1604	15 parent at the initial dispositional hearing if all of the
1605	1605	16 following conditions are met:
1606	1606	17 (i) the original or amended petition contains a
1607	1607	18 request for termination of parental rights and appointment
1608	1608	19 of a guardian with power to consent to adoption; and
1609	1609	20 (ii) the court has found by a preponderance of
1610	1610	21 evidence, introduced or stipulated to at an adjudicatory
1611	1611	22 hearing, that the child comes under the jurisdiction of
1612	1612	23 the court as an abused, neglected, or dependent minor
1613	1613	24 under Section 2-18; and
1614	1614	25 (iii) the court finds, on the basis of clear and
1615	1615	26 convincing evidence admitted at the adjudicatory hearing
1616	1616
1617	1617
1618	1618
1619	1619
1620	1620
1621	1621	HB3237 - 44 - LRB103 30340 RLC 56770 b
1622	1622
1623	1623
1624	1624	HB3237- 45 -LRB103 30340 RLC 56770 b HB3237 - 45 - LRB103 30340 RLC 56770 b
1625	1625	HB3237 - 45 - LRB103 30340 RLC 56770 b
1626	1626	1 that the parent is an unfit person under subdivision D of
1627	1627	2 Section 1 of the Adoption Act; and
1628	1628	3 (iv) the court determines in accordance with the rules
1629	1629	4 of evidence for dispositional proceedings, that:
1630	1630	5 (A) it is in the best interest of the minor and
1631	1631	6 public that the child be made a ward of the court;
1632	1632	7 (A-5) reasonable efforts under subsection (l-1) of
1633	1633	8 Section 5 of the Children and Family Services Act are
1634	1634	9 inappropriate or such efforts were made and were
1635	1635	10 unsuccessful; and
1636	1636	11 (B) termination of parental rights and appointment
1637	1637	12 of a guardian with power to consent to adoption is in
1638	1638	13 the best interest of the child pursuant to Section
1639	1639	14 2-29.
1640	1640	15 (Source: P.A. 102-538, eff. 8-20-21.)
1641	1641	16 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
1642	1642	17 Sec. 2-27. Placement; legal custody or guardianship.
1643	1643	18 (1) If the court determines and puts in writing the
1644	1644	19 factual basis supporting the determination of whether a parent
1645	1645	20 the parents, guardian, or legal custodian of a minor adjudged
1646	1646	21 a ward of the court is are unfit or is are unable, for a reason
1647	1647	22 sufficient and independent from financial circumstances or
1648	1648	23 domestic violence against a parent, guardian, or custodian who
1649	1649	24 experienced domestic violence, for some reason other than
1650	1650	25 financial circumstances alone, to care for, protect, train or
1651	1651
1652	1652
1653	1653
1654	1654
1655	1655
1656	1656	HB3237 - 45 - LRB103 30340 RLC 56770 b
1657	1657
1658	1658
1659	1659	HB3237- 46 -LRB103 30340 RLC 56770 b HB3237 - 46 - LRB103 30340 RLC 56770 b
1660	1660	HB3237 - 46 - LRB103 30340 RLC 56770 b
1661	1661	1 discipline the minor or are unwilling to do so, and that the
1662	1662	2 health, safety, and best interest of the minor will be
1663	1663	3 jeopardized if the minor remains in the custody of his or her
1664	1664	4 parents, guardian or custodian, the court may at this hearing
1665	1665	5 and at any later point:
1666	1666	6 (a) place the minor in the custody of a suitable
1667	1667	7 relative or other person as legal custodian or guardian;
1668	1668	8 (a-5) with the approval of the Department of Children
1669	1669	9 and Family Services, place the minor in the subsidized
1670	1670	10 guardianship of a suitable relative or other person as
1671	1671	11 legal guardian; "subsidized guardianship" means a private
1672	1672	12 guardianship arrangement for children for whom the
1673	1673	13 permanency goals of return home and adoption have been
1674	1674	14 ruled out and who meet the qualifications for subsidized
1675	1675	15 guardianship as defined by the Department of Children and
1676	1676	16 Family Services in administrative rules;
1677	1677	17 (b) place the minor under the guardianship of a
1678	1678	18 probation officer;
1679	1679	19 (c) commit the minor to an agency for care or
1680	1680	20 placement, except an institution under the authority of
1681	1681	21 the Department of Corrections or of the Department of
1682	1682	22 Children and Family Services;
1683	1683	23 (d) on and after the effective date of this amendatory
1684	1684	24 Act of the 98th General Assembly and before January 1,
1685	1685	25 2017, commit the minor to the Department of Children and
1686	1686	26 Family Services for care and service; however, a minor
1687	1687
1688	1688
1689	1689
1690	1690
1691	1691
1692	1692	HB3237 - 46 - LRB103 30340 RLC 56770 b
1693	1693
1694	1694
1695	1695	HB3237- 47 -LRB103 30340 RLC 56770 b HB3237 - 47 - LRB103 30340 RLC 56770 b
1696	1696	HB3237 - 47 - LRB103 30340 RLC 56770 b
1697	1697	1 charged with a criminal offense under the Criminal Code of
1698	1698	2 1961 or the Criminal Code of 2012 or adjudicated
1699	1699	3 delinquent shall not be placed in the custody of or
1700	1700	4 committed to the Department of Children and Family
1701	1701	5 Services by any court, except (i) a minor less than 16
1702	1702	6 years of age and committed to the Department of Children
1703	1703	7 and Family Services under Section 5-710 of this Act, (ii)
1704	1704	8 a minor under the age of 18 for whom an independent basis
1705	1705	9 of abuse, neglect, or dependency exists, or (iii) a minor
1706	1706	10 for whom the court has granted a supplemental petition to
1707	1707	11 reinstate wardship pursuant to subsection (2) of Section
1708	1708	12 2-33 of this Act. On and after January 1, 2017, commit the
1709	1709	13 minor to the Department of Children and Family Services
1710	1710	14 for care and service; however, a minor charged with a
1711	1711	15 criminal offense under the Criminal Code of 1961 or the
1712	1712	16 Criminal Code of 2012 or adjudicated delinquent shall not
1713	1713	17 be placed in the custody of or committed to the Department
1714	1714	18 of Children and Family Services by any court, except (i) a
1715	1715	19 minor less than 15 years of age and committed to the
1716	1716	20 Department of Children and Family Services under Section
1717	1717	21 5-710 of this Act, (ii) a minor under the age of 18 for
1718	1718	22 whom an independent basis of abuse, neglect, or dependency
1719	1719	23 exists, or (iii) a minor for whom the court has granted a
1720	1720	24 supplemental petition to reinstate wardship pursuant to
1721	1721	25 subsection (2) of Section 2-33 of this Act. An independent
1722	1722	26 basis exists when the allegations or adjudication of
1723	1723
1724	1724
1725	1725
1726	1726
1727	1727
1728	1728	HB3237 - 47 - LRB103 30340 RLC 56770 b
1729	1729
1730	1730
1731	1731	HB3237- 48 -LRB103 30340 RLC 56770 b HB3237 - 48 - LRB103 30340 RLC 56770 b
1732	1732	HB3237 - 48 - LRB103 30340 RLC 56770 b
1733	1733	1 abuse, neglect, or dependency do not arise from the same
1734	1734	2 facts, incident, or circumstances which give rise to a
1735	1735	3 charge or adjudication of delinquency. The Department
1736	1736	4 shall be given due notice of the pendency of the action and
1737	1737	5 the Guardianship Administrator of the Department of
1738	1738	6 Children and Family Services shall be appointed guardian
1739	1739	7 of the person of the minor. Whenever the Department seeks
1740	1740	8 to discharge a minor from its care and service, the
1741	1741	9 Guardianship Administrator shall petition the court for an
1742	1742	10 order terminating guardianship. The Guardianship
1743	1743	11 Administrator may designate one or more other officers of
1744	1744	12 the Department, appointed as Department officers by
1745	1745	13 administrative order of the Department Director,
1746	1746	14 authorized to affix the signature of the Guardianship
1747	1747	15 Administrator to documents affecting the guardian-ward
1748	1748	16 relationship of children for whom he or she has been
1749	1749	17 appointed guardian at such times as he or she is unable to
1750	1750	18 perform the duties of his or her office. The signature
1751	1751	19 authorization shall include but not be limited to matters
1752	1752	20 of consent of marriage, enlistment in the armed forces,
1753	1753	21 legal proceedings, adoption, major medical and surgical
1754	1754	22 treatment and application for driver's license. Signature
1755	1755	23 authorizations made pursuant to the provisions of this
1756	1756	24 paragraph shall be filed with the Secretary of State and
1757	1757	25 the Secretary of State shall provide upon payment of the
1758	1758	26 customary fee, certified copies of the authorization to
1759	1759
1760	1760
1761	1761
1762	1762
1763	1763
1764	1764	HB3237 - 48 - LRB103 30340 RLC 56770 b
1765	1765
1766	1766
1767	1767	HB3237- 49 -LRB103 30340 RLC 56770 b HB3237 - 49 - LRB103 30340 RLC 56770 b
1768	1768	HB3237 - 49 - LRB103 30340 RLC 56770 b
1769	1769	1 any court or individual who requests a copy.
1770	1770	2 (1.5) In making a determination under this Section, the
1771	1771	3 court shall also consider whether, based on health, safety,
1772	1772	4 and the best interests of the minor,
1773	1773	5 (a) appropriate services aimed at family preservation
1774	1774	6 and family reunification have been unsuccessful in
1775	1775	7 rectifying the conditions that have led to a finding of
1776	1776	8 unfitness or inability to care for, protect, train, or
1777	1777	9 discipline the minor, or
1778	1778	10 (b) no family preservation or family reunification
1779	1779	11 services would be appropriate,
1780	1780	12 and if the petition or amended petition contained an
1781	1781	13 allegation that the parent is an unfit person as defined in
1782	1782	14 subdivision (D) of Section 1 of the Adoption Act, and the order
1783	1783	15 of adjudication recites that parental unfitness was
1784	1784	16 established by clear and convincing evidence, the court shall,
1785	1785	17 when appropriate and in the best interest of the minor, enter
1786	1786	18 an order terminating parental rights and appointing a guardian
1787	1787	19 with power to consent to adoption in accordance with Section
1788	1788	20 2-29.
1789	1789	21 (1.7) In making a determination under this Section, the
1790	1790	22 court shall presume that it is consistent with the health,
1791	1791	23 safety, and best interests of the minor to remain in the
1792	1792	24 custody of a parent, guardian, or custodian who experienced
1793	1793	25 domestic violence, unless the court has determined that the
1794	1794	26 parent, guardian, or custodian who experienced domestic
1795	1795
1796	1796
1797	1797
1798	1798
1799	1799
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1801	1801
1802	1802
1803	1803	HB3237- 50 -LRB103 30340 RLC 56770 b HB3237 - 50 - LRB103 30340 RLC 56770 b
1804	1804	HB3237 - 50 - LRB103 30340 RLC 56770 b
1805	1805	1 violence has committed acts or omissions unrelated to domestic
1806	1806	2 violence against that parent, guardian, or custodian that is
1807	1807	3 sufficient to independently support a determination of abuse
1808	1808	4 or neglect under this Act.
1809	1809	5 When making a placement, the court, wherever possible,
1810	1810	6 shall require the Department of Children and Family Services
1811	1811	7 to select a person holding the same religious belief as that of
1812	1812	8 the minor or a private agency controlled by persons of like
1813	1813	9 religious faith of the minor and shall require the Department
1814	1814	10 to otherwise comply with Section 7 of the Children and Family
1815	1815	11 Services Act in placing the child. In addition, whenever
1816	1816	12 alternative plans for placement are available, the court shall
1817	1817	13 ascertain and consider, to the extent appropriate in the
1818	1818	14 particular case, the views and preferences of the minor.
1819	1819	15 (2) When a minor is placed with a suitable relative or
1820	1820	16 other person pursuant to item (a) of subsection (1), the court
1821	1821	17 shall appoint him or her the legal custodian or guardian of the
1822	1822	18 person of the minor. When a minor is committed to any agency,
1823	1823	19 the court shall appoint the proper officer or representative
1824	1824	20 thereof as legal custodian or guardian of the person of the
1825	1825	21 minor. Legal custodians and guardians of the person of the
1826	1826	22 minor have the respective rights and duties set forth in
1827	1827	23 subsection (9) of Section 1-3 except as otherwise provided by
1828	1828	24 order of court; but no guardian of the person may consent to
1829	1829	25 adoption of the minor unless that authority is conferred upon
1830	1830	26 him or her in accordance with Section 2-29. An agency whose
1831	1831
1832	1832
1833	1833
1834	1834
1835	1835
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1837	1837
1838	1838
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1840	1840	HB3237 - 51 - LRB103 30340 RLC 56770 b
1841	1841	1 representative is appointed guardian of the person or legal
1842	1842	2 custodian of the minor may place the minor in any child care
1843	1843	3 facility, but the facility must be licensed under the Child
1844	1844	4 Care Act of 1969 or have been approved by the Department of
1845	1845	5 Children and Family Services as meeting the standards
1846	1846	6 established for such licensing. No agency may place a minor
1847	1847	7 adjudicated under Sections 2-3 or 2-4 in a child care facility
1848	1848	8 unless the placement is in compliance with the rules and
1849	1849	9 regulations for placement under this Section promulgated by
1850	1850	10 the Department of Children and Family Services under Section 5
1851	1851	11 of the Children and Family Services Act. Like authority and
1852	1852	12 restrictions shall be conferred by the court upon any
1853	1853	13 probation officer who has been appointed guardian of the
1854	1854	14 person of a minor.
1855	1855	15 (3) No placement by any probation officer or agency whose
1856	1856	16 representative is appointed guardian of the person or legal
1857	1857	17 custodian of a minor may be made in any out of State child care
1858	1858	18 facility unless it complies with the Interstate Compact on the
1859	1859	19 Placement of Children. Placement with a parent, however, is
1860	1860	20 not subject to that Interstate Compact.
1861	1861	21 (4) The clerk of the court shall issue to the legal
1862	1862	22 custodian or guardian of the person a certified copy of the
1863	1863	23 order of court, as proof of his authority. No other process is
1864	1864	24 necessary as authority for the keeping of the minor.
1865	1865	25 (5) Custody or guardianship granted under this Section
1866	1866	26 continues until the court otherwise directs, but not after the
1867	1867
1868	1868
1869	1869
1870	1870
1871	1871
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1873	1873
1874	1874
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1876	1876	HB3237 - 52 - LRB103 30340 RLC 56770 b
1877	1877	1 minor reaches the age of 19 years except as set forth in
1878	1878	2 Section 2-31, or if the minor was previously committed to the
1879	1879	3 Department of Children and Family Services for care and
1880	1880	4 service and the court has granted a supplemental petition to
1881	1881	5 reinstate wardship pursuant to subsection (2) of Section 2-33.
1882	1882	6 (6) (Blank).
1883	1883	7 (Source: P.A. 101-79, eff. 7-12-19.)
1884	1884
1885	1885
1886	1886
1887	1887
1888	1888
1889	1889	HB3237 - 52 - LRB103 30340 RLC 56770 b