Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1639 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 SB1639 Introduced 2/8/2023, by Sen. Tom Bennett SYNOPSIS AS INTRODUCED: 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-28 from Ch. 37, par. 802-28 Amends the Juvenile Court Act of 1987. Provides a statutory form for a petition for adjudication of wardship. Deletes language prohibiting the court from ordering specific placements, specific services, or the use of specific service providers. LRB103 27201 RLC 53571 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1639 Introduced 2/8/2023, by Sen. Tom Bennett SYNOPSIS AS INTRODUCED: 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-28 from Ch. 37, par. 802-28 Amends the Juvenile Court Act of 1987. Provides a statutory form for a petition for adjudication of wardship. Deletes language prohibiting the court from ordering specific placements, specific services, or the use of specific service providers. LRB103 27201 RLC 53571 b LRB103 27201 RLC 53571 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1639 Introduced 2/8/2023, by Sen. Tom Bennett SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-28 from Ch. 37, par. 802-28
4	4	705 ILCS 405/2-13 from Ch. 37, par. 802-13
5	5	705 ILCS 405/2-23 from Ch. 37, par. 802-23
6	6	705 ILCS 405/2-28 from Ch. 37, par. 802-28
7	7	Amends the Juvenile Court Act of 1987. Provides a statutory form for a petition for adjudication of wardship. Deletes language prohibiting the court from ordering specific placements, specific services, or the use of specific service providers.
8	8	LRB103 27201 RLC 53571 b LRB103 27201 RLC 53571 b
9	9	LRB103 27201 RLC 53571 b
10	10	A BILL FOR
11	11	SB1639LRB103 27201 RLC 53571 b SB1639 LRB103 27201 RLC 53571 b
12	12	SB1639 LRB103 27201 RLC 53571 b
13	13	1 AN ACT concerning courts.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Juvenile Court Act of 1987 is amended by
17	17	5 changing Sections 2-13, 2-23, and 2-28 as follows:
18	18	6 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
19	19	7 Sec. 2-13. Petition.
20	20	8 (1) Any adult person, any agency or association by its
21	21	9 representative may file, or the court on its own motion,
22	22	10 consistent with the health, safety and best interests of the
23	23	11 minor may direct the filing through the State's Attorney of a
24	24	12 petition in respect of a minor under this Act. The petition and
25	25	13 all subsequent court documents shall be entitled "In the
26	26	14 interest of ...., a minor".
27	27	15 (2) The petition shall be verified but the statements may
28	28	16 be made upon information and belief. It shall allege that the
29	29	17 minor is abused, neglected, or dependent, with citations to
30	30	18 the appropriate provisions of this Act, and set forth (a)
31	31	19 facts sufficient to bring the minor under Section 2-3 or 2-4
32	32	20 and to inform respondents of the cause of action, including,
33	33	21 but not limited to, a plain and concise statement of the
34	34	22 factual allegations that form the basis for the filing of the
35	35	23 petition; (b) the name, age and residence of the minor; (c) the
36	36
37	37
38	38
39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1639 Introduced 2/8/2023, by Sen. Tom Bennett SYNOPSIS AS INTRODUCED:
40	40	705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-28 from Ch. 37, par. 802-28
41	41	705 ILCS 405/2-13 from Ch. 37, par. 802-13
42	42	705 ILCS 405/2-23 from Ch. 37, par. 802-23
43	43	705 ILCS 405/2-28 from Ch. 37, par. 802-28
44	44	Amends the Juvenile Court Act of 1987. Provides a statutory form for a petition for adjudication of wardship. Deletes language prohibiting the court from ordering specific placements, specific services, or the use of specific service providers.
45	45	LRB103 27201 RLC 53571 b LRB103 27201 RLC 53571 b
46	46	LRB103 27201 RLC 53571 b
47	47	A BILL FOR
48	48
49	49
50	50
51	51
52	52
53	53	705 ILCS 405/2-13 from Ch. 37, par. 802-13
54	54	705 ILCS 405/2-23 from Ch. 37, par. 802-23
55	55	705 ILCS 405/2-28 from Ch. 37, par. 802-28
56	56
57	57
58	58
59	59	LRB103 27201 RLC 53571 b
60	60
61	61
62	62
63	63
64	64
65	65
66	66
67	67
68	68
69	69	SB1639 LRB103 27201 RLC 53571 b
70	70
71	71
72	72	SB1639- 2 -LRB103 27201 RLC 53571 b SB1639 - 2 - LRB103 27201 RLC 53571 b
73	73	SB1639 - 2 - LRB103 27201 RLC 53571 b
74	74	1 names and residences of his parents; (d) the name and
75	75	2 residence of his legal guardian or the person or persons
76	76	3 having custody or control of the minor, or of the nearest known
77	77	4 relative if no parent or guardian can be found; and (e) if the
78	78	5 minor upon whose behalf the petition is brought is sheltered
79	79	6 in custody, the date on which such temporary custody was
80	80	7 ordered by the court or the date set for a temporary custody
81	81	8 hearing. If any of the facts herein required are not known by
82	82	9 the petitioner, the petition shall so state.
83	83	10 (3) The petition must allege that it is in the best
84	84	11 interests of the minor and of the public that he be adjudged a
85	85	12 ward of the court and may pray generally for relief available
86	86	13 under this Act. The petition need not specify any proposed
87	87	14 disposition following adjudication of wardship. The petition
88	88	15 may request that the minor remain in the custody of the parent,
89	89	16 guardian, or custodian under an Order of Protection. The
90	90	17 petition shall be substantially in the following form:
91	91	18 PETITION FOR ADJUDICATION OF WARDSHIP
92	92	19 Now comes ............., petitioner, and petitions this
93	93	20 court to adjudicate ................................ a ward of
94	94	21 the court. In support, the petitioner, on oath or affirmation,
95	95	22 based on information or belief states as follows:
96	96	23 (1) ............. is a (male/female) minor born on
97	97	24 ................., ........., who resides or may be found
98	98	25 in this County at .......................................
99	99	26 (2) The names and residence addresses of the minor's
100	100
101	101
102	102
103	103
104	104
105	105	SB1639 - 2 - LRB103 27201 RLC 53571 b
106	106
107	107
108	108	SB1639- 3 -LRB103 27201 RLC 53571 b SB1639 - 3 - LRB103 27201 RLC 53571 b
109	109	SB1639 - 3 - LRB103 27201 RLC 53571 b
110	110	1 parents, legal guardian, and/or custodian are:
111	111	2Name and Place of City/ 3Relationship Residence State/Zip 2 Name and Place of City/ 3 Relationship Residence State/Zip
112	112	2 Name and Place of City/
113	113	3 Relationship Residence State/Zip
114	114	4 .............................................................
115	115	5 .............................................................
116	116	6 .............................................................
117	117	7 The minor and the persons named in (1) and (2) are designated
118	118	8 respondents.
119	119	9 (3) The minor was
120	120	10 ( ) not taken into protective custody.
121	121	11 ( ) taken into protective custody on ..............,
122	122	12 ........ at ...........(a.m./p.m.).
123	123	13 ( ) (4) A temporary custody hearing has been set for
124	124	14 .............., ........ at ...........(a.m./p.m.).
125	125	15 ( ) (5) The minor was neglected pursuant to the following
126	126	16 Section or Sections of the Juvenile Court Act of 1987:
127	127	17 ( ) 2-3(1)(a), (lack of care), the facts supporting this
128	128	18 are:
129	129	19 .............................................................
130	130	20 .............................................................
131	131	21 ( ) 2-3(1)(b), (injurious environment), the facts
132	132	22 supporting this are:
133	133	23 .............................................................
134	134
135	135
136	136
137	137
138	138
139	139	SB1639 - 3 - LRB103 27201 RLC 53571 b
140	140
141	141
142	142	2 Name and Place of City/
143	143	3 Relationship Residence State/Zip
144	144
145	145
146	146	SB1639- 4 -LRB103 27201 RLC 53571 b SB1639 - 4 - LRB103 27201 RLC 53571 b
147	147	SB1639 - 4 - LRB103 27201 RLC 53571 b
148	148	1 .............................................................
149	149	2 ( ) 2-3(1)(c), (drug-exposed infant), the facts supporting
150	150	3 this are:
151	151	4 .............................................................
152	152	5 .............................................................
153	153	6 ( ) (6) The minor was abused pursuant to the following Section
154	154	7 or Sections of the Juvenile Court Act of 1987:
155	155	8 ( ) 2-3(2)(i), (physical abuse), the facts supporting this
156	156	9 are:
157	157	10 .............................................................
158	158	11 .............................................................
159	159	12 ( ) 2-3(2)(ii), (substantial risk/physical injury), the
160	160	13 facts supporting this are:
161	161	14 .............................................................
162	162	15 .............................................................
163	163	16 ( ) 2-3(2)(iii), (sexual abuse), the facts supporting this
164	164	17 are:
165	165	18 .............................................................
166	166	19 .............................................................
167	167	20 ( ) 2-3(2)(iv), (torture), the facts supporting this are:
168	168	21 .............................................................
169	169	22 .............................................................
170	170	23 ( ) 2-3(2)(v), (excessive corporal punishment), the facts
171	171	24 supporting this are:
172	172	25 .............................................................
173	173
174	174
175	175
176	176
177	177
178	178	SB1639 - 4 - LRB103 27201 RLC 53571 b
179	179
180	180
181	181	SB1639- 5 -LRB103 27201 RLC 53571 b SB1639 - 5 - LRB103 27201 RLC 53571 b
182	182	SB1639 - 5 - LRB103 27201 RLC 53571 b
183	183	1 .............................................................
184	184	2 ( ) (7) The minor is dependent pursuant to Section 2-4 of the
185	185	3 Juvenile Court Act of 1987, the facts supporting this are:
186	186	4 .............................................................
187	187	5 .............................................................
188	188	6 (8) It is in the best interests of the minor and the public
189	189	7 that the minor be adjudged a ward of the court.
190	190	8 WHEREFORE, the petitioner asks that the minor be adjudged
191	191	9 a ward of the court and that the court enter such orders as are
192	192	10 in the best interests of the minor and grant other relief under
193	193	11 the Juvenile Court Act of 1987.
194	194	12 ......................
195	195	13 Petitioner (Signature)
196	196	14 (4) If termination of parental rights and appointment of a
197	197	15 guardian of the person with power to consent to adoption of the
198	198	16 minor under Section 2-29 is sought, the petition shall so
199	199	17 state. If the petition includes this request, the prayer for
200	200	18 relief shall clearly and obviously state that the parents
201	201	19 could permanently lose their rights as a parent at this
202	202	20 hearing.
203	203	21 In addition to the foregoing, the petitioner, by motion,
204	204	22 may request the termination of parental rights and appointment
205	205
206	206
207	207
208	208
209	209
210	210	SB1639 - 5 - LRB103 27201 RLC 53571 b
211	211
212	212	......................
213	213
214	214	Petitioner (Signature)
215	215
216	216
217	217
218	218
219	219	SB1639- 6 -LRB103 27201 RLC 53571 b SB1639 - 6 - LRB103 27201 RLC 53571 b
220	220	SB1639 - 6 - LRB103 27201 RLC 53571 b
221	221	1 of a guardian of the person with power to consent to adoption
222	222	2 of the minor under Section 2-29 at any time after the entry of
223	223	3 a dispositional order under Section 2-22.
224	224	4 (4.5) (a) Unless good cause exists that filing a petition
225	225	5 to terminate parental rights is contrary to the child's best
226	226	6 interests, with respect to any minors committed to its care
227	227	7 pursuant to this Act, the Department of Children and Family
228	228	8 Services shall request the State's Attorney to file a petition
229	229	9 or motion for termination of parental rights and appointment
230	230	10 of guardian of the person with power to consent to adoption of
231	231	11 the minor under Section 2-29 if:
232	232	12 (i) a minor has been in foster care, as described in
233	233	13 subsection (b), for 15 months of the most recent 22
234	234	14 months; or
235	235	15 (ii) a minor under the age of 2 years has been
236	236	16 previously determined to be abandoned at an adjudicatory
237	237	17 hearing; or
238	238	18 (iii) the parent is criminally convicted of:
239	239	19 (A) first degree murder or second degree murder of
240	240	20 any child;
241	241	21 (B) attempt or conspiracy to commit first degree
242	242	22 murder or second degree murder of any child;
243	243	23 (C) solicitation to commit murder of any child,
244	244	24 solicitation to commit murder for hire of any child,
245	245	25 or solicitation to commit second degree murder of any
246	246	26 child;
247	247
248	248
249	249
250	250
251	251
252	252	SB1639 - 6 - LRB103 27201 RLC 53571 b
253	253
254	254
255	255	SB1639- 7 -LRB103 27201 RLC 53571 b SB1639 - 7 - LRB103 27201 RLC 53571 b
256	256	SB1639 - 7 - LRB103 27201 RLC 53571 b
257	257	1 (D) aggravated battery, aggravated battery of a
258	258	2 child, or felony domestic battery, any of which has
259	259	3 resulted in serious injury to the minor or a sibling of
260	260	4 the minor;
261	261	5 (E) predatory criminal sexual assault of a child;
262	262	6 (E-5) aggravated criminal sexual assault;
263	263	7 (E-10) criminal sexual abuse in violation of
264	264	8 subsection (a) of Section 11-1.50 of the Criminal Code
265	265	9 of 1961 or the Criminal Code of 2012;
266	266	10 (E-15) sexual exploitation of a child;
267	267	11 (E-20) permitting sexual abuse of a child;
268	268	12 (E-25) criminal sexual assault; or
269	269	13 (F) an offense in any other state the elements of
270	270	14 which are similar and bear a substantial relationship
271	271	15 to any of the foregoing offenses.
272	272	16 (a-1) For purposes of this subsection (4.5), good cause
273	273	17 exists in the following circumstances:
274	274	18 (i) the child is being cared for by a relative,
275	275	19 (ii) the Department has documented in the case plan a
276	276	20 compelling reason for determining that filing such
277	277	21 petition would not be in the best interests of the child,
278	278	22 (iii) the court has found within the preceding 12
279	279	23 months that the Department has failed to make reasonable
280	280	24 efforts to reunify the child and family, or
281	281	25 (iv) the parent is incarcerated, or the parent's prior
282	282	26 incarceration is a significant factor in why the child has
283	283
284	284
285	285
286	286
287	287
288	288	SB1639 - 7 - LRB103 27201 RLC 53571 b
289	289
290	290
291	291	SB1639- 8 -LRB103 27201 RLC 53571 b SB1639 - 8 - LRB103 27201 RLC 53571 b
292	292	SB1639 - 8 - LRB103 27201 RLC 53571 b
293	293	1 been in foster care for 15 months out of any 22-month
294	294	2 period, the parent maintains a meaningful role in the
295	295	3 child's life, and the Department has not documented
296	296	4 another reason why it would otherwise be appropriate to
297	297	5 file a petition to terminate parental rights pursuant to
298	298	6 this Section and the Adoption Act. The assessment of
299	299	7 whether an incarcerated parent maintains a meaningful role
300	300	8 in the child's life may include consideration of the
301	301	9 following:
302	302	10 (A) the child's best interest;
303	303	11 (B) the parent's expressions or acts of
304	304	12 manifesting concern for the child, such as letters,
305	305	13 telephone calls, visits, and other forms of
306	306	14 communication with the child and the impact of the
307	307	15 communication on the child;
308	308	16 (C) the parent's efforts to communicate with and
309	309	17 work with the Department for the purpose of complying
310	310	18 with the service plan and repairing, maintaining, or
311	311	19 building the parent-child relationship; or
312	312	20 (D) limitations in the parent's access to family
313	313	21 support programs, therapeutic services, visiting
314	314	22 opportunities, telephone and mail services, and
315	315	23 meaningful participation in court proceedings.
316	316	24 (b) For purposes of this subsection, the date of entering
317	317	25 foster care is defined as the earlier of:
318	318	26 (1) The date of a judicial finding at an adjudicatory
319	319
320	320
321	321
322	322
323	323
324	324	SB1639 - 8 - LRB103 27201 RLC 53571 b
325	325
326	326
327	327	SB1639- 9 -LRB103 27201 RLC 53571 b SB1639 - 9 - LRB103 27201 RLC 53571 b
328	328	SB1639 - 9 - LRB103 27201 RLC 53571 b
329	329	1 hearing that the child is an abused, neglected, or
330	330	2 dependent minor; or
331	331	3 (2) 60 days after the date on which the child is
332	332	4 removed from his or her parent, guardian, or legal
333	333	5 custodian.
334	334	6 (c) (Blank).
335	335	7 (d) (Blank).
336	336	8 (5) The court shall liberally allow the petitioner to
337	337	9 amend the petition to set forth a cause of action or to add,
338	338	10 amend, or supplement factual allegations that form the basis
339	339	11 for a cause of action up until 14 days before the adjudicatory
340	340	12 hearing. The petitioner may amend the petition after that date
341	341	13 and prior to the adjudicatory hearing if the court grants
342	342	14 leave to amend upon a showing of good cause. The court may
343	343	15 allow amendment of the petition to conform with the evidence
344	344	16 at any time prior to ruling. In all cases in which the court
345	345	17 has granted leave to amend based on new evidence or new
346	346	18 allegations, the court shall permit the respondent an adequate
347	347	19 opportunity to prepare a defense to the amended petition.
348	348	20 (6) At any time before dismissal of the petition or before
349	349	21 final closing and discharge under Section 2-31, one or more
350	350	22 motions in the best interests of the minor may be filed. The
351	351	23 motion shall specify sufficient facts in support of the relief
352	352	24 requested.
353	353	25 (Source: P.A. 101-529, eff. 1-1-20.)
354	354
355	355
356	356
357	357
358	358
359	359	SB1639 - 9 - LRB103 27201 RLC 53571 b
360	360
361	361
362	362	SB1639- 10 -LRB103 27201 RLC 53571 b SB1639 - 10 - LRB103 27201 RLC 53571 b
363	363	SB1639 - 10 - LRB103 27201 RLC 53571 b
364	364	1 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
365	365	2 Sec. 2-23. Kinds of dispositional orders.
366	366	3 (1) The following kinds of orders of disposition may be
367	367	4 made in respect of wards of the court:
368	368	5 (a) A minor found to be neglected or abused under
369	369	6 Section 2-3 or dependent under Section 2-4 may be (1)
370	370	7 continued in the custody of his or her parents, guardian
371	371	8 or legal custodian; (2) placed in accordance with Section
372	372	9 2-27; (3) restored to the custody of the parent, parents,
373	373	10 guardian, or legal custodian, provided the court shall
374	374	11 order the parent, parents, guardian, or legal custodian to
375	375	12 cooperate with the Department of Children and Family
376	376	13 Services and comply with the terms of an after-care plan
377	377	14 or risk the loss of custody of the child and the possible
378	378	15 termination of their parental rights; or (4) ordered
379	379	16 partially or completely emancipated in accordance with the
380	380	17 provisions of the Emancipation of Minors Act.
381	381	18 If the minor is being restored to the custody of a
382	382	19 parent, legal custodian, or guardian who lives outside of
383	383	20 Illinois, and an Interstate Compact has been requested and
384	384	21 refused, the court may order the Department of Children
385	385	22 and Family Services to arrange for an assessment of the
386	386	23 minor's proposed living arrangement and for ongoing
387	387	24 monitoring of the health, safety, and best interest of the
388	388	25 minor and compliance with any order of protective
389	389	26 supervision entered in accordance with Section 2-24.
390	390
391	391
392	392
393	393
394	394
395	395	SB1639 - 10 - LRB103 27201 RLC 53571 b
396	396
397	397
398	398	SB1639- 11 -LRB103 27201 RLC 53571 b SB1639 - 11 - LRB103 27201 RLC 53571 b
399	399	SB1639 - 11 - LRB103 27201 RLC 53571 b
400	400	1 However, in any case in which a minor is found by the
401	401	2 court to be neglected or abused under Section 2-3 of this
402	402	3 Act, custody of the minor shall not be restored to any
403	403	4 parent, guardian or legal custodian whose acts or
404	404	5 omissions or both have been identified, pursuant to
405	405	6 subsection (1) of Section 2-21, as forming the basis for
406	406	7 the court's finding of abuse or neglect, until such time
407	407	8 as a hearing is held on the issue of the best interests of
408	408	9 the minor and the fitness of such parent, guardian or
409	409	10 legal custodian to care for the minor without endangering
410	410	11 the minor's health or safety, and the court enters an
411	411	12 order that such parent, guardian or legal custodian is fit
412	412	13 to care for the minor.
413	413	14 (b) A minor found to be dependent under Section 2-4
414	414	15 may be (1) placed in accordance with Section 2-27 or (2)
415	415	16 ordered partially or completely emancipated in accordance
416	416	17 with the provisions of the Emancipation of Minors Act.
417	417	18 However, in any case in which a minor is found by the
418	418	19 court to be dependent under Section 2-4 of this Act,
419	419	20 custody of the minor shall not be restored to any parent,
420	420	21 guardian or legal custodian whose acts or omissions or
421	421	22 both have been identified, pursuant to subsection (1) of
422	422	23 Section 2-21, as forming the basis for the court's finding
423	423	24 of dependency, until such time as a hearing is held on the
424	424	25 issue of the fitness of such parent, guardian or legal
425	425	26 custodian to care for the minor without endangering the
426	426
427	427
428	428
429	429
430	430
431	431	SB1639 - 11 - LRB103 27201 RLC 53571 b
432	432
433	433
434	434	SB1639- 12 -LRB103 27201 RLC 53571 b SB1639 - 12 - LRB103 27201 RLC 53571 b
435	435	SB1639 - 12 - LRB103 27201 RLC 53571 b
436	436	1 minor's health or safety, and the court enters an order
437	437	2 that such parent, guardian or legal custodian is fit to
438	438	3 care for the minor.
439	439	4 (b-1) A minor between the ages of 18 and 21 may be
440	440	5 placed pursuant to Section 2-27 of this Act if (1) the
441	441	6 court has granted a supplemental petition to reinstate
442	442	7 wardship of the minor pursuant to subsection (2) of
443	443	8 Section 2-33, (2) the court has adjudicated the minor a
444	444	9 ward of the court, permitted the minor to return home
445	445	10 under an order of protection, and subsequently made a
446	446	11 finding that it is in the minor's best interest to vacate
447	447	12 the order of protection and commit the minor to the
448	448	13 Department of Children and Family Services for care and
449	449	14 service, or (3) the court returned the minor to the
450	450	15 custody of the respondent under Section 2-4b of this Act
451	451	16 without terminating the proceedings under Section 2-31 of
452	452	17 this Act, and subsequently made a finding that it is in the
453	453	18 minor's best interest to commit the minor to the
454	454	19 Department of Children and Family Services for care and
455	455	20 services.
456	456	21 (c) When the court awards guardianship to the
457	457	22 Department of Children and Family Services, the court
458	458	23 shall order the parents to cooperate with the Department
459	459	24 of Children and Family Services, comply with the terms of
460	460	25 the service plans, and correct the conditions that require
461	461	26 the child to be in care, or risk termination of their
462	462
463	463
464	464
465	465
466	466
467	467	SB1639 - 12 - LRB103 27201 RLC 53571 b
468	468
469	469
470	470	SB1639- 13 -LRB103 27201 RLC 53571 b SB1639 - 13 - LRB103 27201 RLC 53571 b
471	471	SB1639 - 13 - LRB103 27201 RLC 53571 b
472	472	1 parental rights.
473	473	2 (2) Any order of disposition may provide for protective
474	474	3 supervision under Section 2-24 and may include an order of
475	475	4 protection under Section 2-25.
476	476	5 Unless the order of disposition expressly so provides, it
477	477	6 does not operate to close proceedings on the pending petition,
478	478	7 but is subject to modification, not inconsistent with Section
479	479	8 2-28, until final closing and discharge of the proceedings
480	480	9 under Section 2-31.
481	481	10 (3) The court also shall enter any other orders necessary
482	482	11 to fulfill the service plan, including, but not limited to,
483	483	12 (i) orders requiring parties to cooperate with services, (ii)
484	484	13 restraining orders controlling the conduct of any party likely
485	485	14 to frustrate the achievement of the goal, and (iii) visiting
486	486	15 orders. When the child is placed separately from a sibling,
487	487	16 the court shall review the Sibling Contact Support Plan
488	488	17 developed under subsection (f) of Section 7.4 of the Children
489	489	18 and Family Services Act, if applicable. If the Department has
490	490	19 not convened a meeting to develop a Sibling Contact Support
491	491	20 Plan, or if the court finds that the existing Plan is not in
492	492	21 the child's best interest, the court may enter an order
493	493	22 requiring the Department to develop and implement a Sibling
494	494	23 Contact Support Plan under subsection (f) of Section 7.4 of
495	495	24 the Children and Family Services Act or order mediation.
496	496	25 Unless otherwise specifically authorized by law, the court is
497	497	26 not empowered under this subsection (3) to order specific
498	498
499	499
500	500
501	501
502	502
503	503	SB1639 - 13 - LRB103 27201 RLC 53571 b
504	504
505	505
506	506	SB1639- 14 -LRB103 27201 RLC 53571 b SB1639 - 14 - LRB103 27201 RLC 53571 b
507	507	SB1639 - 14 - LRB103 27201 RLC 53571 b
508	508	1 placements, specific services, or specific service providers
509	509	2 to be included in the plan. If, after receiving evidence, the
510	510	3 court determines that the services contained in the plan are
511	511	4 not reasonably calculated to facilitate achievement of the
512	512	5 permanency goal, the court shall put in writing the factual
513	513	6 basis supporting the determination and enter specific findings
514	514	7 based on the evidence. The court also shall enter an order for
515	515	8 the Department to develop and implement a new service plan or
516	516	9 to implement changes to the current service plan consistent
517	517	10 with the court's findings. The new service plan shall be filed
518	518	11 with the court and served on all parties within 45 days after
519	519	12 the date of the order. The court shall continue the matter
520	520	13 until the new service plan is filed. Except as authorized by
521	521	14 subsection (3.5) of this Section or authorized by law, the
522	522	15 court is not empowered under this Section to order specific
523	523	16 placements, specific services, or specific service providers
524	524	17 to be included in the service plan.
525	525	18 (3.5) If, after reviewing the evidence, including evidence
526	526	19 from the Department, the court determines that the minor's
527	527	20 current or planned placement is not necessary or appropriate
528	528	21 to facilitate achievement of the permanency goal, the court
529	529	22 shall put in writing the factual basis supporting its
530	530	23 determination and enter specific findings based on the
531	531	24 evidence. If the court finds that the minor's current or
532	532	25 planned placement is not necessary or appropriate, the court
533	533	26 may enter an order directing the Department to implement a
534	534
535	535
536	536
537	537
538	538
539	539	SB1639 - 14 - LRB103 27201 RLC 53571 b
540	540
541	541
542	542	SB1639- 15 -LRB103 27201 RLC 53571 b SB1639 - 15 - LRB103 27201 RLC 53571 b
543	543	SB1639 - 15 - LRB103 27201 RLC 53571 b
544	544	1 recommendation by the minor's treating clinician or a
545	545	2 clinician contracted by the Department to evaluate the minor
546	546	3 or a recommendation made by the Department. If the Department
547	547	4 places a minor in a placement under an order entered under this
548	548	5 subsection (3.5), the Department has the authority to remove
549	549	6 the minor from that placement when a change in circumstances
550	550	7 necessitates the removal to protect the minor's health,
551	551	8 safety, and best interest. If the Department determines
552	552	9 removal is necessary, the Department shall notify the parties
553	553	10 of the planned placement change in writing no later than 10
554	554	11 days prior to the implementation of its determination unless
555	555	12 remaining in the placement poses an imminent risk of harm to
556	556	13 the minor, in which case the Department shall notify the
557	557	14 parties of the placement change in writing immediately
558	558	15 following the implementation of its decision. The Department
559	559	16 shall notify others of the decision to change the minor's
560	560	17 placement as required by Department rule.
561	561	18 (4) In addition to any other order of disposition, the
562	562	19 court may order any minor adjudicated neglected with respect
563	563	20 to his or her own injurious behavior to make restitution, in
564	564	21 monetary or non-monetary form, under the terms and conditions
565	565	22 of Section 5-5-6 of the Unified Code of Corrections, except
566	566	23 that the "presentence hearing" referred to therein shall be
567	567	24 the dispositional hearing for purposes of this Section. The
568	568	25 parent, guardian or legal custodian of the minor may pay some
569	569	26 or all of such restitution on the minor's behalf.
570	570
571	571
572	572
573	573
574	574
575	575	SB1639 - 15 - LRB103 27201 RLC 53571 b
576	576
577	577
578	578	SB1639- 16 -LRB103 27201 RLC 53571 b SB1639 - 16 - LRB103 27201 RLC 53571 b
579	579	SB1639 - 16 - LRB103 27201 RLC 53571 b
580	580	1 (5) Any order for disposition where the minor is committed
581	581	2 or placed in accordance with Section 2-27 shall provide for
582	582	3 the parents or guardian of the estate of such minor to pay to
583	583	4 the legal custodian or guardian of the person of the minor such
584	584	5 sums as are determined by the custodian or guardian of the
585	585	6 person of the minor as necessary for the minor's needs. Such
586	586	7 payments may not exceed the maximum amounts provided for by
587	587	8 Section 9.1 of the Children and Family Services Act.
588	588	9 (6) Whenever the order of disposition requires the minor
589	589	10 to attend school or participate in a program of training, the
590	590	11 truant officer or designated school official shall regularly
591	591	12 report to the court if the minor is a chronic or habitual
592	592	13 truant under Section 26-2a of the School Code.
593	593	14 (7) The court may terminate the parental rights of a
594	594	15 parent at the initial dispositional hearing if all of the
595	595	16 conditions in subsection (5) of Section 2-21 are met.
596	596	17 (Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.)
597	597	18 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
598	598	19 Sec. 2-28. Court review.
599	599	20 (1) The court may require any legal custodian or guardian
600	600	21 of the person appointed under this Act to report periodically
601	601	22 to the court or may cite him into court and require him or his
602	602	23 agency, to make a full and accurate report of his or its doings
603	603	24 in behalf of the minor. The custodian or guardian, within 10
604	604	25 days after such citation, or earlier if the court determines
605	605
606	606
607	607
608	608
609	609
610	610	SB1639 - 16 - LRB103 27201 RLC 53571 b
611	611
612	612
613	613	SB1639- 17 -LRB103 27201 RLC 53571 b SB1639 - 17 - LRB103 27201 RLC 53571 b
614	614	SB1639 - 17 - LRB103 27201 RLC 53571 b
615	615	1 it to be necessary to protect the health, safety, or welfare of
616	616	2 the minor, shall make the report, either in writing verified
617	617	3 by affidavit or orally under oath in open court, or otherwise
618	618	4 as the court directs. Upon the hearing of the report the court
619	619	5 may remove the custodian or guardian and appoint another in
620	620	6 his stead or restore the minor to the custody of his parents or
621	621	7 former guardian or custodian. However, custody of the minor
622	622	8 shall not be restored to any parent, guardian, or legal
623	623	9 custodian in any case in which the minor is found to be
624	624	10 neglected or abused under Section 2-3 or dependent under
625	625	11 Section 2-4 of this Act, unless the minor can be cared for at
626	626	12 home without endangering the minor's health or safety and it
627	627	13 is in the best interests of the minor, and if such neglect,
628	628	14 abuse, or dependency is found by the court under paragraph (1)
629	629	15 of Section 2-21 of this Act to have come about due to the acts
630	630	16 or omissions or both of such parent, guardian, or legal
631	631	17 custodian, until such time as an investigation is made as
632	632	18 provided in paragraph (5) and a hearing is held on the issue of
633	633	19 the fitness of such parent, guardian, or legal custodian to
634	634	20 care for the minor and the court enters an order that such
635	635	21 parent, guardian, or legal custodian is fit to care for the
636	636	22 minor.
637	637	23 (1.5) The public agency that is the custodian or guardian
638	638	24 of the minor shall file a written report with the court no
639	639	25 later than 15 days after a minor in the agency's care remains:
640	640	26 (1) in a shelter placement beyond 30 days;
641	641
642	642
643	643
644	644
645	645
646	646	SB1639 - 17 - LRB103 27201 RLC 53571 b
647	647
648	648
649	649	SB1639- 18 -LRB103 27201 RLC 53571 b SB1639 - 18 - LRB103 27201 RLC 53571 b
650	650	SB1639 - 18 - LRB103 27201 RLC 53571 b
651	651	1 (2) in a psychiatric hospital past the time when the
652	652	2 minor is clinically ready for discharge or beyond medical
653	653	3 necessity for the minor's health; or
654	654	4 (3) in a detention center or Department of Juvenile
655	655	5 Justice facility solely because the public agency cannot
656	656	6 find an appropriate placement for the minor.
657	657	7 The report shall explain the steps the agency is taking to
658	658	8 ensure the minor is placed appropriately, how the minor's
659	659	9 needs are being met in the minor's shelter placement, and if a
660	660	10 future placement has been identified by the Department, why
661	661	11 the anticipated placement is appropriate for the needs of the
662	662	12 minor and the anticipated placement date.
663	663	13 (1.6) Within 35 days after placing a child in its care in a
664	664	14 qualified residential treatment program, as defined by the
665	665	15 federal Social Security Act, the Department of Children and
666	666	16 Family Services shall file a written report with the court and
667	667	17 send copies of the report to all parties. Within 20 days of the
668	668	18 filing of the report, the court shall hold a hearing to
669	669	19 consider the Department's report and determine whether
670	670	20 placement of the child in a qualified residential treatment
671	671	21 program provides the most effective and appropriate level of
672	672	22 care for the child in the least restrictive environment and if
673	673	23 the placement is consistent with the short-term and long-term
674	674	24 goals for the child, as specified in the permanency plan for
675	675	25 the child. The court shall approve or disapprove the
676	676	26 placement. If applicable, the requirements of Sections 2-27.1
677	677
678	678
679	679
680	680
681	681
682	682	SB1639 - 18 - LRB103 27201 RLC 53571 b
683	683
684	684
685	685	SB1639- 19 -LRB103 27201 RLC 53571 b SB1639 - 19 - LRB103 27201 RLC 53571 b
686	686	SB1639 - 19 - LRB103 27201 RLC 53571 b
687	687	1 and 2-27.2 must also be met. The Department's written report
688	688	2 and the court's written determination shall be included in and
689	689	3 made part of the case plan for the child. If the child remains
690	690	4 placed in a qualified residential treatment program, the
691	691	5 Department shall submit evidence at each status and permanency
692	692	6 hearing:
693	693	7 (1) demonstrating that on-going assessment of the
694	694	8 strengths and needs of the child continues to support the
695	695	9 determination that the child's needs cannot be met through
696	696	10 placement in a foster family home, that the placement
697	697	11 provides the most effective and appropriate level of care
698	698	12 for the child in the least restrictive, appropriate
699	699	13 environment, and that the placement is consistent with the
700	700	14 short-term and long-term permanency goal for the child, as
701	701	15 specified in the permanency plan for the child;
702	702	16 (2) documenting the specific treatment or service
703	703	17 needs that should be met for the child in the placement and
704	704	18 the length of time the child is expected to need the
705	705	19 treatment or services; and
706	706	20 (3) the efforts made by the agency to prepare the
707	707	21 child to return home or to be placed with a fit and willing
708	708	22 relative, a legal guardian, or an adoptive parent, or in a
709	709	23 foster family home.
710	710	24 (2) The first permanency hearing shall be conducted by the
711	711	25 judge. Subsequent permanency hearings may be heard by a judge
712	712	26 or by hearing officers appointed or approved by the court in
713	713
714	714
715	715
716	716
717	717
718	718	SB1639 - 19 - LRB103 27201 RLC 53571 b
719	719
720	720
721	721	SB1639- 20 -LRB103 27201 RLC 53571 b SB1639 - 20 - LRB103 27201 RLC 53571 b
722	722	SB1639 - 20 - LRB103 27201 RLC 53571 b
723	723	1 the manner set forth in Section 2-28.1 of this Act. The initial
724	724	2 hearing shall be held (a) within 12 months from the date
725	725	3 temporary custody was taken, regardless of whether an
726	726	4 adjudication or dispositional hearing has been completed
727	727	5 within that time frame, (b) if the parental rights of both
728	728	6 parents have been terminated in accordance with the procedure
729	729	7 described in subsection (5) of Section 2-21, within 30 days of
730	730	8 the order for termination of parental rights and appointment
731	731	9 of a guardian with power to consent to adoption, or (c) in
732	732	10 accordance with subsection (2) of Section 2-13.1. Subsequent
733	733	11 permanency hearings shall be held every 6 months or more
734	734	12 frequently if necessary in the court's determination following
735	735	13 the initial permanency hearing, in accordance with the
736	736	14 standards set forth in this Section, until the court
737	737	15 determines that the plan and goal have been achieved. Once the
738	738	16 plan and goal have been achieved, if the minor remains in
739	739	17 substitute care, the case shall be reviewed at least every 6
740	740	18 months thereafter, subject to the provisions of this Section,
741	741	19 unless the minor is placed in the guardianship of a suitable
742	742	20 relative or other person and the court determines that further
743	743	21 monitoring by the court does not further the health, safety,
744	744	22 or best interest of the child and that this is a stable
745	745	23 permanent placement. The permanency hearings must occur within
746	746	24 the time frames set forth in this subsection and may not be
747	747	25 delayed in anticipation of a report from any source or due to
748	748	26 the agency's failure to timely file its written report (this
749	749
750	750
751	751
752	752
753	753
754	754	SB1639 - 20 - LRB103 27201 RLC 53571 b
755	755
756	756
757	757	SB1639- 21 -LRB103 27201 RLC 53571 b SB1639 - 21 - LRB103 27201 RLC 53571 b
758	758	SB1639 - 21 - LRB103 27201 RLC 53571 b
759	759	1 written report means the one required under the next paragraph
760	760	2 and does not mean the service plan also referred to in that
761	761	3 paragraph).
762	762	4 The public agency that is the custodian or guardian of the
763	763	5 minor, or another agency responsible for the minor's care,
764	764	6 shall ensure that all parties to the permanency hearings are
765	765	7 provided a copy of the most recent service plan prepared
766	766	8 within the prior 6 months at least 14 days in advance of the
767	767	9 hearing. If not contained in the agency's service plan, the
768	768	10 agency shall also include a report setting forth (i) any
769	769	11 special physical, psychological, educational, medical,
770	770	12 emotional, or other needs of the minor or his or her family
771	771	13 that are relevant to a permanency or placement determination
772	772	14 and (ii) for any minor age 16 or over, a written description of
773	773	15 the programs and services that will enable the minor to
774	774	16 prepare for independent living. If not contained in the
775	775	17 agency's service plan, the agency's report shall specify if a
776	776	18 minor is placed in a licensed child care facility under a
777	777	19 corrective plan by the Department due to concerns impacting
778	778	20 the minor's safety and well-being. The report shall explain
779	779	21 the steps the Department is taking to ensure the safety and
780	780	22 well-being of the minor and that the minor's needs are met in
781	781	23 the facility. The agency's written report must detail what
782	782	24 progress or lack of progress the parent has made in correcting
783	783	25 the conditions requiring the child to be in care; whether the
784	784	26 child can be returned home without jeopardizing the child's
785	785
786	786
787	787
788	788
789	789
790	790	SB1639 - 21 - LRB103 27201 RLC 53571 b
791	791
792	792
793	793	SB1639- 22 -LRB103 27201 RLC 53571 b SB1639 - 22 - LRB103 27201 RLC 53571 b
794	794	SB1639 - 22 - LRB103 27201 RLC 53571 b
795	795	1 health, safety, and welfare, and if not, what permanency goal
796	796	2 is recommended to be in the best interests of the child, and
797	797	3 why the other permanency goals are not appropriate. The
798	798	4 caseworker must appear and testify at the permanency hearing.
799	799	5 If a permanency hearing has not previously been scheduled by
800	800	6 the court, the moving party shall move for the setting of a
801	801	7 permanency hearing and the entry of an order within the time
802	802	8 frames set forth in this subsection.
803	803	9 At the permanency hearing, the court shall determine the
804	804	10 future status of the child. The court shall set one of the
805	805	11 following permanency goals:
806	806	12 (A) The minor will be returned home by a specific date
807	807	13 within 5 months.
808	808	14 (B) The minor will be in short-term care with a
809	809	15 continued goal to return home within a period not to
810	810	16 exceed one year, where the progress of the parent or
811	811	17 parents is substantial giving particular consideration to
812	812	18 the age and individual needs of the minor.
813	813	19 (B-1) The minor will be in short-term care with a
814	814	20 continued goal to return home pending a status hearing.
815	815	21 When the court finds that a parent has not made reasonable
816	816	22 efforts or reasonable progress to date, the court shall
817	817	23 identify what actions the parent and the Department must
818	818	24 take in order to justify a finding of reasonable efforts
819	819	25 or reasonable progress and shall set a status hearing to
820	820	26 be held not earlier than 9 months from the date of
821	821
822	822
823	823
824	824
825	825
826	826	SB1639 - 22 - LRB103 27201 RLC 53571 b
827	827
828	828
829	829	SB1639- 23 -LRB103 27201 RLC 53571 b SB1639 - 23 - LRB103 27201 RLC 53571 b
830	830	SB1639 - 23 - LRB103 27201 RLC 53571 b
831	831	1 adjudication nor later than 11 months from the date of
832	832	2 adjudication during which the parent's progress will again
833	833	3 be reviewed.
834	834	4 (C) The minor will be in substitute care pending court
835	835	5 determination on termination of parental rights.
836	836	6 (D) Adoption, provided that parental rights have been
837	837	7 terminated or relinquished.
838	838	8 (E) The guardianship of the minor will be transferred
839	839	9 to an individual or couple on a permanent basis provided
840	840	10 that goals (A) through (D) have been deemed inappropriate
841	841	11 and not in the child's best interests. The court shall
842	842	12 confirm that the Department has discussed adoption, if
843	843	13 appropriate, and guardianship with the caregiver prior to
844	844	14 changing a goal to guardianship.
845	845	15 (F) The minor over age 15 will be in substitute care
846	846	16 pending independence. In selecting this permanency goal,
847	847	17 the Department of Children and Family Services may provide
848	848	18 services to enable reunification and to strengthen the
849	849	19 minor's connections with family, fictive kin, and other
850	850	20 responsible adults, provided the services are in the
851	851	21 minor's best interest. The services shall be documented in
852	852	22 the service plan.
853	853	23 (G) The minor will be in substitute care because he or
854	854	24 she cannot be provided for in a home environment due to
855	855	25 developmental disabilities or mental illness or because he
856	856	26 or she is a danger to self or others, provided that goals
857	857
858	858
859	859
860	860
861	861
862	862	SB1639 - 23 - LRB103 27201 RLC 53571 b
863	863
864	864
865	865	SB1639- 24 -LRB103 27201 RLC 53571 b SB1639 - 24 - LRB103 27201 RLC 53571 b
866	866	SB1639 - 24 - LRB103 27201 RLC 53571 b
867	867	1 (A) through (D) have been deemed inappropriate and not in
868	868	2 the child's best interests.
869	869	3 In selecting any permanency goal, the court shall indicate
870	870	4 in writing the reasons the goal was selected and why the
871	871	5 preceding goals were deemed inappropriate and not in the
872	872	6 child's best interest. Where the court has selected a
873	873	7 permanency goal other than (A), (B), or (B-1), the Department
874	874	8 of Children and Family Services shall not provide further
875	875	9 reunification services, except as provided in paragraph (F) of
876	876	10 this subsection (2), but shall provide services consistent
877	877	11 with the goal selected.
878	878	12 (H) Notwithstanding any other provision in this
879	879	13 Section, the court may select the goal of continuing
880	880	14 foster care as a permanency goal if:
881	881	15 (1) The Department of Children and Family Services
882	882	16 has custody and guardianship of the minor;
883	883	17 (2) The court has deemed all other permanency
884	884	18 goals inappropriate based on the child's best
885	885	19 interest;
886	886	20 (3) The court has found compelling reasons, based
887	887	21 on written documentation reviewed by the court, to
888	888	22 place the minor in continuing foster care. Compelling
889	889	23 reasons include:
890	890	24 (a) the child does not wish to be adopted or to
891	891	25 be placed in the guardianship of his or her
892	892	26 relative or foster care placement;
893	893
894	894
895	895
896	896
897	897
898	898	SB1639 - 24 - LRB103 27201 RLC 53571 b
899	899
900	900
901	901	SB1639- 25 -LRB103 27201 RLC 53571 b SB1639 - 25 - LRB103 27201 RLC 53571 b
902	902	SB1639 - 25 - LRB103 27201 RLC 53571 b
903	903	1 (b) the child exhibits an extreme level of
904	904	2 need such that the removal of the child from his or
905	905	3 her placement would be detrimental to the child;
906	906	4 or
907	907	5 (c) the child who is the subject of the
908	908	6 permanency hearing has existing close and strong
909	909	7 bonds with a sibling, and achievement of another
910	910	8 permanency goal would substantially interfere with
911	911	9 the subject child's sibling relationship, taking
912	912	10 into consideration the nature and extent of the
913	913	11 relationship, and whether ongoing contact is in
914	914	12 the subject child's best interest, including
915	915	13 long-term emotional interest, as compared with the
916	916	14 legal and emotional benefit of permanence;
917	917	15 (4) The child has lived with the relative or
918	918	16 foster parent for at least one year; and
919	919	17 (5) The relative or foster parent currently caring
920	920	18 for the child is willing and capable of providing the
921	921	19 child with a stable and permanent environment.
922	922	20 The court shall set a permanency goal that is in the best
923	923	21 interest of the child. In determining that goal, the court
924	924	22 shall consult with the minor in an age-appropriate manner
925	925	23 regarding the proposed permanency or transition plan for the
926	926	24 minor. The court's determination shall include the following
927	927	25 factors:
928	928	26 (1) Age of the child.
929	929
930	930
931	931
932	932
933	933
934	934	SB1639 - 25 - LRB103 27201 RLC 53571 b
935	935
936	936
937	937	SB1639- 26 -LRB103 27201 RLC 53571 b SB1639 - 26 - LRB103 27201 RLC 53571 b
938	938	SB1639 - 26 - LRB103 27201 RLC 53571 b
939	939	1 (2) Options available for permanence, including both
940	940	2 out-of-state and in-state placement options.
941	941	3 (3) Current placement of the child and the intent of
942	942	4 the family regarding adoption.
943	943	5 (4) Emotional, physical, and mental status or
944	944	6 condition of the child.
945	945	7 (5) Types of services previously offered and whether
946	946	8 or not the services were successful and, if not
947	947	9 successful, the reasons the services failed.
948	948	10 (6) Availability of services currently needed and
949	949	11 whether the services exist.
950	950	12 (7) Status of siblings of the minor.
951	951	13 The court shall consider (i) the permanency goal contained
952	952	14 in the service plan, (ii) the appropriateness of the services
953	953	15 contained in the plan and whether those services have been
954	954	16 provided, (iii) whether reasonable efforts have been made by
955	955	17 all the parties to the service plan to achieve the goal, and
956	956	18 (iv) whether the plan and goal have been achieved. All
957	957	19 evidence relevant to determining these questions, including
958	958	20 oral and written reports, may be admitted and may be relied on
959	959	21 to the extent of their probative value.
960	960	22 The court shall make findings as to whether, in violation
961	961	23 of Section 8.2 of the Abused and Neglected Child Reporting
962	962	24 Act, any portion of the service plan compels a child or parent
963	963	25 to engage in any activity or refrain from any activity that is
964	964	26 not reasonably related to remedying a condition or conditions
965	965
966	966
967	967
968	968
969	969
970	970	SB1639 - 26 - LRB103 27201 RLC 53571 b
971	971
972	972
973	973	SB1639- 27 -LRB103 27201 RLC 53571 b SB1639 - 27 - LRB103 27201 RLC 53571 b
974	974	SB1639 - 27 - LRB103 27201 RLC 53571 b
975	975	1 that gave rise or which could give rise to any finding of child
976	976	2 abuse or neglect. The services contained in the service plan
977	977	3 shall include services reasonably related to remedy the
978	978	4 conditions that gave rise to removal of the child from the home
979	979	5 of his or her parents, guardian, or legal custodian or that the
980	980	6 court has found must be remedied prior to returning the child
981	981	7 home. Any tasks the court requires of the parents, guardian,
982	982	8 or legal custodian or child prior to returning the child home,
983	983	9 must be reasonably related to remedying a condition or
984	984	10 conditions that gave rise to or which could give rise to any
985	985	11 finding of child abuse or neglect.
986	986	12 If the permanency goal is to return home, the court shall
987	987	13 make findings that identify any problems that are causing
988	988	14 continued placement of the children away from the home and
989	989	15 identify what outcomes would be considered a resolution to
990	990	16 these problems. The court shall explain to the parents that
991	991	17 these findings are based on the information that the court has
992	992	18 at that time and may be revised, should additional evidence be
993	993	19 presented to the court.
994	994	20 The court shall review the Sibling Contact Support Plan
995	995	21 developed or modified under subsection (f) of Section 7.4 of
996	996	22 the Children and Family Services Act, if applicable. If the
997	997	23 Department has not convened a meeting to develop or modify a
998	998	24 Sibling Contact Support Plan, or if the court finds that the
999	999	25 existing Plan is not in the child's best interest, the court
1000	1000	26 may enter an order requiring the Department to develop,
1001	1001
1002	1002
1003	1003
1004	1004
1005	1005
1006	1006	SB1639 - 27 - LRB103 27201 RLC 53571 b
1007	1007
1008	1008
1009	1009	SB1639- 28 -LRB103 27201 RLC 53571 b SB1639 - 28 - LRB103 27201 RLC 53571 b
1010	1010	SB1639 - 28 - LRB103 27201 RLC 53571 b
1011	1011	1 modify, or implement a Sibling Contact Support Plan, or order
1012	1012	2 mediation.
1013	1013	3 If the goal has been achieved, the court shall enter
1014	1014	4 orders that are necessary to conform the minor's legal custody
1015	1015	5 and status to those findings.
1016	1016	6 If, after receiving evidence, the court determines that
1017	1017	7 the services contained in the plan are not reasonably
1018	1018	8 calculated to facilitate achievement of the permanency goal,
1019	1019	9 the court shall put in writing the factual basis supporting
1020	1020	10 the determination and enter specific findings based on the
1021	1021	11 evidence. The court also shall enter an order for the
1022	1022	12 Department to develop and implement a new service plan or to
1023	1023	13 implement changes to the current service plan consistent with
1024	1024	14 the court's findings. The new service plan shall be filed with
1025	1025	15 the court and served on all parties within 45 days of the date
1026	1026	16 of the order. The court shall continue the matter until the new
1027	1027	17 service plan is filed. Except as authorized by subsection
1028	1028	18 (2.5) of this Section and as otherwise specifically authorized
1029	1029	19 by law, the court is not empowered under this Section to order
1030	1030	20 specific placements, specific services, or specific service
1031	1031	21 providers to be included in the service plan.
1032	1032	22 A guardian or custodian appointed by the court pursuant to
1033	1033	23 this Act shall file updated case plans with the court every 6
1034	1034	24 months.
1035	1035	25 Rights of wards of the court under this Act are
1036	1036	26 enforceable against any public agency by complaints for relief
1037	1037
1038	1038
1039	1039
1040	1040
1041	1041
1042	1042	SB1639 - 28 - LRB103 27201 RLC 53571 b
1043	1043
1044	1044
1045	1045	SB1639- 29 -LRB103 27201 RLC 53571 b SB1639 - 29 - LRB103 27201 RLC 53571 b
1046	1046	SB1639 - 29 - LRB103 27201 RLC 53571 b
1047	1047	1 by mandamus filed in any proceedings brought under this Act.
1048	1048	2 (2.5) If, after reviewing the evidence, including evidence
1049	1049	3 from the Department, the court determines that the minor's
1050	1050	4 current or planned placement is not necessary or appropriate
1051	1051	5 to facilitate achievement of the permanency goal, the court
1052	1052	6 shall put in writing the factual basis supporting its
1053	1053	7 determination and enter specific findings based on the
1054	1054	8 evidence. If the court finds that the minor's current or
1055	1055	9 planned placement is not necessary or appropriate, the court
1056	1056	10 may enter an order directing the Department to implement a
1057	1057	11 recommendation by the minor's treating clinician or a
1058	1058	12 clinician contracted by the Department to evaluate the minor
1059	1059	13 or a recommendation made by the Department. If the Department
1060	1060	14 places a minor in a placement under an order entered under this
1061	1061	15 subsection (2.5), the Department has the authority to remove
1062	1062	16 the minor from that placement when a change in circumstances
1063	1063	17 necessitates the removal to protect the minor's health,
1064	1064	18 safety, and best interest. If the Department determines
1065	1065	19 removal is necessary, the Department shall notify the parties
1066	1066	20 of the planned placement change in writing no later than 10
1067	1067	21 days prior to the implementation of its determination unless
1068	1068	22 remaining in the placement poses an imminent risk of harm to
1069	1069	23 the minor, in which case the Department shall notify the
1070	1070	24 parties of the placement change in writing immediately
1071	1071	25 following the implementation of its decision. The Department
1072	1072	26 shall notify others of the decision to change the minor's
1073	1073
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078	SB1639 - 29 - LRB103 27201 RLC 53571 b
1079	1079
1080	1080
1081	1081	SB1639- 30 -LRB103 27201 RLC 53571 b SB1639 - 30 - LRB103 27201 RLC 53571 b
1082	1082	SB1639 - 30 - LRB103 27201 RLC 53571 b
1083	1083	1 placement as required by Department rule.
1084	1084	2 (3) Following the permanency hearing, the court shall
1085	1085	3 enter a written order that includes the determinations
1086	1086	4 required under subsection (2) of this Section and sets forth
1087	1087	5 the following:
1088	1088	6 (a) The future status of the minor, including the
1089	1089	7 permanency goal, and any order necessary to conform the
1090	1090	8 minor's legal custody and status to such determination; or
1091	1091	9 (b) If the permanency goal of the minor cannot be
1092	1092	10 achieved immediately, the specific reasons for continuing
1093	1093	11 the minor in the care of the Department of Children and
1094	1094	12 Family Services or other agency for short-term short term
1095	1095	13 placement, and the following determinations:
1096	1096	14 (i) (Blank).
1097	1097	15 (ii) Whether the services required by the court
1098	1098	16 and by any service plan prepared within the prior 6
1099	1099	17 months have been provided and (A) if so, whether the
1100	1100	18 services were reasonably calculated to facilitate the
1101	1101	19 achievement of the permanency goal or (B) if not
1102	1102	20 provided, why the services were not provided.
1103	1103	21 (iii) Whether the minor's current or planned
1104	1104	22 placement is necessary, and appropriate to the plan
1105	1105	23 and goal, recognizing the right of minors to the least
1106	1106	24 restrictive (most family-like) setting available and
1107	1107	25 in close proximity to the parents' home consistent
1108	1108	26 with the health, safety, best interest, and special
1109	1109
1110	1110
1111	1111
1112	1112
1113	1113
1114	1114	SB1639 - 30 - LRB103 27201 RLC 53571 b
1115	1115
1116	1116
1117	1117	SB1639- 31 -LRB103 27201 RLC 53571 b SB1639 - 31 - LRB103 27201 RLC 53571 b
1118	1118	SB1639 - 31 - LRB103 27201 RLC 53571 b
1119	1119	1 needs of the minor and, if the minor is placed
1120	1120	2 out-of-state, whether the out-of-state placement
1121	1121	3 continues to be appropriate and consistent with the
1122	1122	4 health, safety, and best interest of the minor.
1123	1123	5 (iv) (Blank).
1124	1124	6 (v) (Blank).
1125	1125	7 (4) The minor or any person interested in the minor may
1126	1126	8 apply to the court for a change in custody of the minor and the
1127	1127	9 appointment of a new custodian or guardian of the person or for
1128	1128	10 the restoration of the minor to the custody of his parents or
1129	1129	11 former guardian or custodian.
1130	1130	12 When return home is not selected as the permanency goal:
1131	1131	13 (a) The Department, the minor, or the current foster
1132	1132	14 parent or relative caregiver seeking private guardianship
1133	1133	15 may file a motion for private guardianship of the minor.
1134	1134	16 Appointment of a guardian under this Section requires
1135	1135	17 approval of the court.
1136	1136	18 (b) The State's Attorney may file a motion to
1137	1137	19 terminate parental rights of any parent who has failed to
1138	1138	20 make reasonable efforts to correct the conditions which
1139	1139	21 led to the removal of the child or reasonable progress
1140	1140	22 toward the return of the child, as defined in subdivision
1141	1141	23 (D)(m) of Section 1 of the Adoption Act or for whom any
1142	1142	24 other unfitness ground for terminating parental rights as
1143	1143	25 defined in subdivision (D) of Section 1 of the Adoption
1144	1144	26 Act exists.
1145	1145
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150	SB1639 - 31 - LRB103 27201 RLC 53571 b
1151	1151
1152	1152
1153	1153	SB1639- 32 -LRB103 27201 RLC 53571 b SB1639 - 32 - LRB103 27201 RLC 53571 b
1154	1154	SB1639 - 32 - LRB103 27201 RLC 53571 b
1155	1155	1 When parental rights have been terminated for a
1156	1156	2 minimum of 3 years and the child who is the subject of the
1157	1157	3 permanency hearing is 13 years old or older and is not
1158	1158	4 currently placed in a placement likely to achieve
1159	1159	5 permanency, the Department of Children and Family Services
1160	1160	6 shall make reasonable efforts to locate parents whose
1161	1161	7 rights have been terminated, except when the Court
1162	1162	8 determines that those efforts would be futile or
1163	1163	9 inconsistent with the subject child's best interests. The
1164	1164	10 Department of Children and Family Services shall assess
1165	1165	11 the appropriateness of the parent whose rights have been
1166	1166	12 terminated, and shall, as appropriate, foster and support
1167	1167	13 connections between the parent whose rights have been
1168	1168	14 terminated and the youth. The Department of Children and
1169	1169	15 Family Services shall document its determinations and
1170	1170	16 efforts to foster connections in the child's case plan.
1171	1171	17 Custody of the minor shall not be restored to any parent,
1172	1172	18 guardian, or legal custodian in any case in which the minor is
1173	1173	19 found to be neglected or abused under Section 2-3 or dependent
1174	1174	20 under Section 2-4 of this Act, unless the minor can be cared
1175	1175	21 for at home without endangering his or her health or safety and
1176	1176	22 it is in the best interest of the minor, and if such neglect,
1177	1177	23 abuse, or dependency is found by the court under paragraph (1)
1178	1178	24 of Section 2-21 of this Act to have come about due to the acts
1179	1179	25 or omissions or both of such parent, guardian, or legal
1180	1180	26 custodian, until such time as an investigation is made as
1181	1181
1182	1182
1183	1183
1184	1184
1185	1185
1186	1186	SB1639 - 32 - LRB103 27201 RLC 53571 b
1187	1187
1188	1188
1189	1189	SB1639- 33 -LRB103 27201 RLC 53571 b SB1639 - 33 - LRB103 27201 RLC 53571 b
1190	1190	SB1639 - 33 - LRB103 27201 RLC 53571 b
1191	1191	1 provided in paragraph (5) and a hearing is held on the issue of
1192	1192	2 the health, safety, and best interest of the minor and the
1193	1193	3 fitness of such parent, guardian, or legal custodian to care
1194	1194	4 for the minor and the court enters an order that such parent,
1195	1195	5 guardian, or legal custodian is fit to care for the minor. If a
1196	1196	6 motion is filed to modify or vacate a private guardianship
1197	1197	7 order and return the child to a parent, guardian, or legal
1198	1198	8 custodian, the court may order the Department of Children and
1199	1199	9 Family Services to assess the minor's current and proposed
1200	1200	10 living arrangements and to provide ongoing monitoring of the
1201	1201	11 health, safety, and best interest of the minor during the
1202	1202	12 pendency of the motion to assist the court in making that
1203	1203	13 determination. In the event that the minor has attained 18
1204	1204	14 years of age and the guardian or custodian petitions the court
1205	1205	15 for an order terminating his guardianship or custody,
1206	1206	16 guardianship or custody shall terminate automatically 30 days
1207	1207	17 after the receipt of the petition unless the court orders
1208	1208	18 otherwise. No legal custodian or guardian of the person may be
1209	1209	19 removed without his consent until given notice and an
1210	1210	20 opportunity to be heard by the court.
1211	1211	21 When the court orders a child restored to the custody of
1212	1212	22 the parent or parents, the court shall order the parent or
1213	1213	23 parents to cooperate with the Department of Children and
1214	1214	24 Family Services and comply with the terms of an after-care
1215	1215	25 plan, or risk the loss of custody of the child and possible
1216	1216	26 termination of their parental rights. The court may also enter
1217	1217
1218	1218
1219	1219
1220	1220
1221	1221
1222	1222	SB1639 - 33 - LRB103 27201 RLC 53571 b
1223	1223
1224	1224
1225	1225	SB1639- 34 -LRB103 27201 RLC 53571 b SB1639 - 34 - LRB103 27201 RLC 53571 b
1226	1226	SB1639 - 34 - LRB103 27201 RLC 53571 b
1227	1227	1 an order of protective supervision in accordance with Section
1228	1228	2 2-24.
1229	1229	3 If the minor is being restored to the custody of a parent,
1230	1230	4 legal custodian, or guardian who lives outside of Illinois,
1231	1231	5 and an Interstate Compact has been requested and refused, the
1232	1232	6 court may order the Department of Children and Family Services
1233	1233	7 to arrange for an assessment of the minor's proposed living
1234	1234	8 arrangement and for ongoing monitoring of the health, safety,
1235	1235	9 and best interest of the minor and compliance with any order of
1236	1236	10 protective supervision entered in accordance with Section
1237	1237	11 2-24.
1238	1238	12 (5) Whenever a parent, guardian, or legal custodian files
1239	1239	13 a motion for restoration of custody of the minor, and the minor
1240	1240	14 was adjudicated neglected, abused, or dependent as a result of
1241	1241	15 physical abuse, the court shall cause to be made an
1242	1242	16 investigation as to whether the movant has ever been charged
1243	1243	17 with or convicted of any criminal offense which would indicate
1244	1244	18 the likelihood of any further physical abuse to the minor.
1245	1245	19 Evidence of such criminal convictions shall be taken into
1246	1246	20 account in determining whether the minor can be cared for at
1247	1247	21 home without endangering his or her health or safety and
1248	1248	22 fitness of the parent, guardian, or legal custodian.
1249	1249	23 (a) Any agency of this State or any subdivision
1250	1250	24 thereof shall cooperate with the agent of the court in
1251	1251	25 providing any information sought in the investigation.
1252	1252	26 (b) The information derived from the investigation and
1253	1253
1254	1254
1255	1255
1256	1256
1257	1257
1258	1258	SB1639 - 34 - LRB103 27201 RLC 53571 b
1259	1259
1260	1260
1261	1261	SB1639- 35 -LRB103 27201 RLC 53571 b SB1639 - 35 - LRB103 27201 RLC 53571 b
1262	1262	SB1639 - 35 - LRB103 27201 RLC 53571 b
1263	1263	1 any conclusions or recommendations derived from the
1264	1264	2 information shall be provided to the parent, guardian, or
1265	1265	3 legal custodian seeking restoration of custody prior to
1266	1266	4 the hearing on fitness and the movant shall have an
1267	1267	5 opportunity at the hearing to refute the information or
1268	1268	6 contest its significance.
1269	1269	7 (c) All information obtained from any investigation
1270	1270	8 shall be confidential as provided in Section 5-150 of this
1271	1271	9 Act.
1272	1272	10 (Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21;
1273	1273	11 102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised
1274	1274	12 8-23-22.)
1275	1275
1276	1276
1277	1277
1278	1278
1279	1279
1280	1280	SB1639 - 35 - LRB103 27201 RLC 53571 b