Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2345 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 SB2345 Introduced 2/10/2023, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED: 705 ILCS 405/2-28 from Ch. 37, par. 802-28 Amends the Juvenile Court Act of 1987 concerning abused, neglected, and dependent minors. Provides that, within 30 (Instead of 35) days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department of Children and Family Services shall prepare a written report for filing with the court and send copies of the report to all parties (rather "shall file a written report with the court and send copies of the report to all parties"). Provides that, within 20 days of the filing of the report, or as soon thereafter as the court's schedule allows but not more than 60 days from the date of placement, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. LRB103 24985 RLC 51319 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2345 Introduced 2/10/2023, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED: 705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-28 from Ch. 37, par. 802-28 Amends the Juvenile Court Act of 1987 concerning abused, neglected, and dependent minors. Provides that, within 30 (Instead of 35) days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department of Children and Family Services shall prepare a written report for filing with the court and send copies of the report to all parties (rather "shall file a written report with the court and send copies of the report to all parties"). Provides that, within 20 days of the filing of the report, or as soon thereafter as the court's schedule allows but not more than 60 days from the date of placement, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. LRB103 24985 RLC 51319 b LRB103 24985 RLC 51319 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2345 Introduced 2/10/2023, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-28 from Ch. 37, par. 802-28
4	4	705 ILCS 405/2-28 from Ch. 37, par. 802-28
5	5	Amends the Juvenile Court Act of 1987 concerning abused, neglected, and dependent minors. Provides that, within 30 (Instead of 35) days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department of Children and Family Services shall prepare a written report for filing with the court and send copies of the report to all parties (rather "shall file a written report with the court and send copies of the report to all parties"). Provides that, within 20 days of the filing of the report, or as soon thereafter as the court's schedule allows but not more than 60 days from the date of placement, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child.
6	6	LRB103 24985 RLC 51319 b LRB103 24985 RLC 51319 b
7	7	LRB103 24985 RLC 51319 b
8	8	A BILL FOR
9	9	SB2345LRB103 24985 RLC 51319 b SB2345 LRB103 24985 RLC 51319 b
10	10	SB2345 LRB103 24985 RLC 51319 b
11	11	1 AN ACT concerning courts.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Juvenile Court Act of 1987 is amended by
15	15	5 changing Section 2-28 as follows:
16	16	6 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
17	17	7 Sec. 2-28. Court review.
18	18	8 (1) The court may require any legal custodian or guardian
19	19	9 of the person appointed under this Act to report periodically
20	20	10 to the court or may cite him into court and require him or his
21	21	11 agency, to make a full and accurate report of his or its doings
22	22	12 in behalf of the minor. The custodian or guardian, within 10
23	23	13 days after such citation, or earlier if the court determines
24	24	14 it to be necessary to protect the health, safety, or welfare of
25	25	15 the minor, shall make the report, either in writing verified
26	26	16 by affidavit or orally under oath in open court, or otherwise
27	27	17 as the court directs. Upon the hearing of the report the court
28	28	18 may remove the custodian or guardian and appoint another in
29	29	19 his stead or restore the minor to the custody of his parents or
30	30	20 former guardian or custodian. However, custody of the minor
31	31	21 shall not be restored to any parent, guardian, or legal
32	32	22 custodian in any case in which the minor is found to be
33	33	23 neglected or abused under Section 2-3 or dependent under
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2345 Introduced 2/10/2023, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
38	38	705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-28 from Ch. 37, par. 802-28
39	39	705 ILCS 405/2-28 from Ch. 37, par. 802-28
40	40	Amends the Juvenile Court Act of 1987 concerning abused, neglected, and dependent minors. Provides that, within 30 (Instead of 35) days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department of Children and Family Services shall prepare a written report for filing with the court and send copies of the report to all parties (rather "shall file a written report with the court and send copies of the report to all parties"). Provides that, within 20 days of the filing of the report, or as soon thereafter as the court's schedule allows but not more than 60 days from the date of placement, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child.
41	41	LRB103 24985 RLC 51319 b LRB103 24985 RLC 51319 b
42	42	LRB103 24985 RLC 51319 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	705 ILCS 405/2-28 from Ch. 37, par. 802-28
50	50
51	51
52	52
53	53	LRB103 24985 RLC 51319 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	SB2345 LRB103 24985 RLC 51319 b
64	64
65	65
66	66	SB2345- 2 -LRB103 24985 RLC 51319 b SB2345 - 2 - LRB103 24985 RLC 51319 b
67	67	SB2345 - 2 - LRB103 24985 RLC 51319 b
68	68	1 Section 2-4 of this Act, unless the minor can be cared for at
69	69	2 home without endangering the minor's health or safety and it
70	70	3 is in the best interests of the minor, and if such neglect,
71	71	4 abuse, or dependency is found by the court under paragraph (1)
72	72	5 of Section 2-21 of this Act to have come about due to the acts
73	73	6 or omissions or both of such parent, guardian, or legal
74	74	7 custodian, until such time as an investigation is made as
75	75	8 provided in paragraph (5) and a hearing is held on the issue of
76	76	9 the fitness of such parent, guardian, or legal custodian to
77	77	10 care for the minor and the court enters an order that such
78	78	11 parent, guardian, or legal custodian is fit to care for the
79	79	12 minor.
80	80	13 (1.5) The public agency that is the custodian or guardian
81	81	14 of the minor shall file a written report with the court no
82	82	15 later than 15 days after a minor in the agency's care remains:
83	83	16 (1) in a shelter placement beyond 30 days;
84	84	17 (2) in a psychiatric hospital past the time when the
85	85	18 minor is clinically ready for discharge or beyond medical
86	86	19 necessity for the minor's health; or
87	87	20 (3) in a detention center or Department of Juvenile
88	88	21 Justice facility solely because the public agency cannot
89	89	22 find an appropriate placement for the minor.
90	90	23 The report shall explain the steps the agency is taking to
91	91	24 ensure the minor is placed appropriately, how the minor's
92	92	25 needs are being met in the minor's shelter placement, and if a
93	93	26 future placement has been identified by the Department, why
94	94
95	95
96	96
97	97
98	98
99	99	SB2345 - 2 - LRB103 24985 RLC 51319 b
100	100
101	101
102	102	SB2345- 3 -LRB103 24985 RLC 51319 b SB2345 - 3 - LRB103 24985 RLC 51319 b
103	103	SB2345 - 3 - LRB103 24985 RLC 51319 b
104	104	1 the anticipated placement is appropriate for the needs of the
105	105	2 minor and the anticipated placement date.
106	106	3 (1.6) Within 30 35 days after placing a child in its care
107	107	4 in a qualified residential treatment program, as defined by
108	108	5 the federal Social Security Act, the Department of Children
109	109	6 and Family Services shall prepare file a written report for
110	110	7 filing with the court and send copies of the report to all
111	111	8 parties. Within 20 days of the filing of the report, or as soon
112	112	9 thereafter as the court's schedule allows but not more than 60
113	113	10 days from the date of placement, the court shall hold a hearing
114	114	11 to consider the Department's report and determine whether
115	115	12 placement of the child in a qualified residential treatment
116	116	13 program provides the most effective and appropriate level of
117	117	14 care for the child in the least restrictive environment and if
118	118	15 the placement is consistent with the short-term and long-term
119	119	16 goals for the child, as specified in the permanency plan for
120	120	17 the child. The court shall approve or disapprove the
121	121	18 placement. If applicable, the requirements of Sections 2-27.1
122	122	19 and 2-27.2 must also be met. The Department's written report
123	123	20 and the court's written determination shall be included in and
124	124	21 made part of the case plan for the child. If the child remains
125	125	22 placed in a qualified residential treatment program, the
126	126	23 Department shall submit evidence at each status and permanency
127	127	24 hearing:
128	128	25 (1) demonstrating that on-going assessment of the
129	129	26 strengths and needs of the child continues to support the
130	130
131	131
132	132
133	133
134	134
135	135	SB2345 - 3 - LRB103 24985 RLC 51319 b
136	136
137	137
138	138	SB2345- 4 -LRB103 24985 RLC 51319 b SB2345 - 4 - LRB103 24985 RLC 51319 b
139	139	SB2345 - 4 - LRB103 24985 RLC 51319 b
140	140	1 determination that the child's needs cannot be met through
141	141	2 placement in a foster family home, that the placement
142	142	3 provides the most effective and appropriate level of care
143	143	4 for the child in the least restrictive, appropriate
144	144	5 environment, and that the placement is consistent with the
145	145	6 short-term and long-term permanency goal for the child, as
146	146	7 specified in the permanency plan for the child;
147	147	8 (2) documenting the specific treatment or service
148	148	9 needs that should be met for the child in the placement and
149	149	10 the length of time the child is expected to need the
150	150	11 treatment or services; and
151	151	12 (3) the efforts made by the agency to prepare the
152	152	13 child to return home or to be placed with a fit and willing
153	153	14 relative, a legal guardian, or an adoptive parent, or in a
154	154	15 foster family home.
155	155	16 (2) The first permanency hearing shall be conducted by the
156	156	17 judge. Subsequent permanency hearings may be heard by a judge
157	157	18 or by hearing officers appointed or approved by the court in
158	158	19 the manner set forth in Section 2-28.1 of this Act. The initial
159	159	20 hearing shall be held (a) within 12 months from the date
160	160	21 temporary custody was taken, regardless of whether an
161	161	22 adjudication or dispositional hearing has been completed
162	162	23 within that time frame, (b) if the parental rights of both
163	163	24 parents have been terminated in accordance with the procedure
164	164	25 described in subsection (5) of Section 2-21, within 30 days of
165	165	26 the order for termination of parental rights and appointment
166	166
167	167
168	168
169	169
170	170
171	171	SB2345 - 4 - LRB103 24985 RLC 51319 b
172	172
173	173
174	174	SB2345- 5 -LRB103 24985 RLC 51319 b SB2345 - 5 - LRB103 24985 RLC 51319 b
175	175	SB2345 - 5 - LRB103 24985 RLC 51319 b
176	176	1 of a guardian with power to consent to adoption, or (c) in
177	177	2 accordance with subsection (2) of Section 2-13.1. Subsequent
178	178	3 permanency hearings shall be held every 6 months or more
179	179	4 frequently if necessary in the court's determination following
180	180	5 the initial permanency hearing, in accordance with the
181	181	6 standards set forth in this Section, until the court
182	182	7 determines that the plan and goal have been achieved. Once the
183	183	8 plan and goal have been achieved, if the minor remains in
184	184	9 substitute care, the case shall be reviewed at least every 6
185	185	10 months thereafter, subject to the provisions of this Section,
186	186	11 unless the minor is placed in the guardianship of a suitable
187	187	12 relative or other person and the court determines that further
188	188	13 monitoring by the court does not further the health, safety,
189	189	14 or best interest of the child and that this is a stable
190	190	15 permanent placement. The permanency hearings must occur within
191	191	16 the time frames set forth in this subsection and may not be
192	192	17 delayed in anticipation of a report from any source or due to
193	193	18 the agency's failure to timely file its written report (this
194	194	19 written report means the one required under the next paragraph
195	195	20 and does not mean the service plan also referred to in that
196	196	21 paragraph).
197	197	22 The public agency that is the custodian or guardian of the
198	198	23 minor, or another agency responsible for the minor's care,
199	199	24 shall ensure that all parties to the permanency hearings are
200	200	25 provided a copy of the most recent service plan prepared
201	201	26 within the prior 6 months at least 14 days in advance of the
202	202
203	203
204	204
205	205
206	206
207	207	SB2345 - 5 - LRB103 24985 RLC 51319 b
208	208
209	209
210	210	SB2345- 6 -LRB103 24985 RLC 51319 b SB2345 - 6 - LRB103 24985 RLC 51319 b
211	211	SB2345 - 6 - LRB103 24985 RLC 51319 b
212	212	1 hearing. If not contained in the agency's service plan, the
213	213	2 agency shall also include a report setting forth (i) any
214	214	3 special physical, psychological, educational, medical,
215	215	4 emotional, or other needs of the minor or his or her family
216	216	5 that are relevant to a permanency or placement determination
217	217	6 and (ii) for any minor age 16 or over, a written description of
218	218	7 the programs and services that will enable the minor to
219	219	8 prepare for independent living. If not contained in the
220	220	9 agency's service plan, the agency's report shall specify if a
221	221	10 minor is placed in a licensed child care facility under a
222	222	11 corrective plan by the Department due to concerns impacting
223	223	12 the minor's safety and well-being. The report shall explain
224	224	13 the steps the Department is taking to ensure the safety and
225	225	14 well-being of the minor and that the minor's needs are met in
226	226	15 the facility. The agency's written report must detail what
227	227	16 progress or lack of progress the parent has made in correcting
228	228	17 the conditions requiring the child to be in care; whether the
229	229	18 child can be returned home without jeopardizing the child's
230	230	19 health, safety, and welfare, and if not, what permanency goal
231	231	20 is recommended to be in the best interests of the child, and
232	232	21 why the other permanency goals are not appropriate. The
233	233	22 caseworker must appear and testify at the permanency hearing.
234	234	23 If a permanency hearing has not previously been scheduled by
235	235	24 the court, the moving party shall move for the setting of a
236	236	25 permanency hearing and the entry of an order within the time
237	237	26 frames set forth in this subsection.
238	238
239	239
240	240
241	241
242	242
243	243	SB2345 - 6 - LRB103 24985 RLC 51319 b
244	244
245	245
246	246	SB2345- 7 -LRB103 24985 RLC 51319 b SB2345 - 7 - LRB103 24985 RLC 51319 b
247	247	SB2345 - 7 - LRB103 24985 RLC 51319 b
248	248	1 At the permanency hearing, the court shall determine the
249	249	2 future status of the child. The court shall set one of the
250	250	3 following permanency goals:
251	251	4 (A) The minor will be returned home by a specific date
252	252	5 within 5 months.
253	253	6 (B) The minor will be in short-term care with a
254	254	7 continued goal to return home within a period not to
255	255	8 exceed one year, where the progress of the parent or
256	256	9 parents is substantial giving particular consideration to
257	257	10 the age and individual needs of the minor.
258	258	11 (B-1) The minor will be in short-term care with a
259	259	12 continued goal to return home pending a status hearing.
260	260	13 When the court finds that a parent has not made reasonable
261	261	14 efforts or reasonable progress to date, the court shall
262	262	15 identify what actions the parent and the Department must
263	263	16 take in order to justify a finding of reasonable efforts
264	264	17 or reasonable progress and shall set a status hearing to
265	265	18 be held not earlier than 9 months from the date of
266	266	19 adjudication nor later than 11 months from the date of
267	267	20 adjudication during which the parent's progress will again
268	268	21 be reviewed.
269	269	22 (C) The minor will be in substitute care pending court
270	270	23 determination on termination of parental rights.
271	271	24 (D) Adoption, provided that parental rights have been
272	272	25 terminated or relinquished.
273	273	26 (E) The guardianship of the minor will be transferred
274	274
275	275
276	276
277	277
278	278
279	279	SB2345 - 7 - LRB103 24985 RLC 51319 b
280	280
281	281
282	282	SB2345- 8 -LRB103 24985 RLC 51319 b SB2345 - 8 - LRB103 24985 RLC 51319 b
283	283	SB2345 - 8 - LRB103 24985 RLC 51319 b
284	284	1 to an individual or couple on a permanent basis provided
285	285	2 that goals (A) through (D) have been deemed inappropriate
286	286	3 and not in the child's best interests. The court shall
287	287	4 confirm that the Department has discussed adoption, if
288	288	5 appropriate, and guardianship with the caregiver prior to
289	289	6 changing a goal to guardianship.
290	290	7 (F) The minor over age 15 will be in substitute care
291	291	8 pending independence. In selecting this permanency goal,
292	292	9 the Department of Children and Family Services may provide
293	293	10 services to enable reunification and to strengthen the
294	294	11 minor's connections with family, fictive kin, and other
295	295	12 responsible adults, provided the services are in the
296	296	13 minor's best interest. The services shall be documented in
297	297	14 the service plan.
298	298	15 (G) The minor will be in substitute care because he or
299	299	16 she cannot be provided for in a home environment due to
300	300	17 developmental disabilities or mental illness or because he
301	301	18 or she is a danger to self or others, provided that goals
302	302	19 (A) through (D) have been deemed inappropriate and not in
303	303	20 the child's best interests.
304	304	21 In selecting any permanency goal, the court shall indicate
305	305	22 in writing the reasons the goal was selected and why the
306	306	23 preceding goals were deemed inappropriate and not in the
307	307	24 child's best interest. Where the court has selected a
308	308	25 permanency goal other than (A), (B), or (B-1), the Department
309	309	26 of Children and Family Services shall not provide further
310	310
311	311
312	312
313	313
314	314
315	315	SB2345 - 8 - LRB103 24985 RLC 51319 b
316	316
317	317
318	318	SB2345- 9 -LRB103 24985 RLC 51319 b SB2345 - 9 - LRB103 24985 RLC 51319 b
319	319	SB2345 - 9 - LRB103 24985 RLC 51319 b
320	320	1 reunification services, except as provided in paragraph (F) of
321	321	2 this subsection (2), but shall provide services consistent
322	322	3 with the goal selected.
323	323	4 (H) Notwithstanding any other provision in this
324	324	5 Section, the court may select the goal of continuing
325	325	6 foster care as a permanency goal if:
326	326	7 (1) The Department of Children and Family Services
327	327	8 has custody and guardianship of the minor;
328	328	9 (2) The court has deemed all other permanency
329	329	10 goals inappropriate based on the child's best
330	330	11 interest;
331	331	12 (3) The court has found compelling reasons, based
332	332	13 on written documentation reviewed by the court, to
333	333	14 place the minor in continuing foster care. Compelling
334	334	15 reasons include:
335	335	16 (a) the child does not wish to be adopted or to
336	336	17 be placed in the guardianship of his or her
337	337	18 relative or foster care placement;
338	338	19 (b) the child exhibits an extreme level of
339	339	20 need such that the removal of the child from his or
340	340	21 her placement would be detrimental to the child;
341	341	22 or
342	342	23 (c) the child who is the subject of the
343	343	24 permanency hearing has existing close and strong
344	344	25 bonds with a sibling, and achievement of another
345	345	26 permanency goal would substantially interfere with
346	346
347	347
348	348
349	349
350	350
351	351	SB2345 - 9 - LRB103 24985 RLC 51319 b
352	352
353	353
354	354	SB2345- 10 -LRB103 24985 RLC 51319 b SB2345 - 10 - LRB103 24985 RLC 51319 b
355	355	SB2345 - 10 - LRB103 24985 RLC 51319 b
356	356	1 the subject child's sibling relationship, taking
357	357	2 into consideration the nature and extent of the
358	358	3 relationship, and whether ongoing contact is in
359	359	4 the subject child's best interest, including
360	360	5 long-term emotional interest, as compared with the
361	361	6 legal and emotional benefit of permanence;
362	362	7 (4) The child has lived with the relative or
363	363	8 foster parent for at least one year; and
364	364	9 (5) The relative or foster parent currently caring
365	365	10 for the child is willing and capable of providing the
366	366	11 child with a stable and permanent environment.
367	367	12 The court shall set a permanency goal that is in the best
368	368	13 interest of the child. In determining that goal, the court
369	369	14 shall consult with the minor in an age-appropriate manner
370	370	15 regarding the proposed permanency or transition plan for the
371	371	16 minor. The court's determination shall include the following
372	372	17 factors:
373	373	18 (1) Age of the child.
374	374	19 (2) Options available for permanence, including both
375	375	20 out-of-state and in-state placement options.
376	376	21 (3) Current placement of the child and the intent of
377	377	22 the family regarding adoption.
378	378	23 (4) Emotional, physical, and mental status or
379	379	24 condition of the child.
380	380	25 (5) Types of services previously offered and whether
381	381	26 or not the services were successful and, if not
382	382
383	383
384	384
385	385
386	386
387	387	SB2345 - 10 - LRB103 24985 RLC 51319 b
388	388
389	389
390	390	SB2345- 11 -LRB103 24985 RLC 51319 b SB2345 - 11 - LRB103 24985 RLC 51319 b
391	391	SB2345 - 11 - LRB103 24985 RLC 51319 b
392	392	1 successful, the reasons the services failed.
393	393	2 (6) Availability of services currently needed and
394	394	3 whether the services exist.
395	395	4 (7) Status of siblings of the minor.
396	396	5 The court shall consider (i) the permanency goal contained
397	397	6 in the service plan, (ii) the appropriateness of the services
398	398	7 contained in the plan and whether those services have been
399	399	8 provided, (iii) whether reasonable efforts have been made by
400	400	9 all the parties to the service plan to achieve the goal, and
401	401	10 (iv) whether the plan and goal have been achieved. All
402	402	11 evidence relevant to determining these questions, including
403	403	12 oral and written reports, may be admitted and may be relied on
404	404	13 to the extent of their probative value.
405	405	14 The court shall make findings as to whether, in violation
406	406	15 of Section 8.2 of the Abused and Neglected Child Reporting
407	407	16 Act, any portion of the service plan compels a child or parent
408	408	17 to engage in any activity or refrain from any activity that is
409	409	18 not reasonably related to remedying a condition or conditions
410	410	19 that gave rise or which could give rise to any finding of child
411	411	20 abuse or neglect. The services contained in the service plan
412	412	21 shall include services reasonably related to remedy the
413	413	22 conditions that gave rise to removal of the child from the home
414	414	23 of his or her parents, guardian, or legal custodian or that the
415	415	24 court has found must be remedied prior to returning the child
416	416	25 home. Any tasks the court requires of the parents, guardian,
417	417	26 or legal custodian or child prior to returning the child home,
418	418
419	419
420	420
421	421
422	422
423	423	SB2345 - 11 - LRB103 24985 RLC 51319 b
424	424
425	425
426	426	SB2345- 12 -LRB103 24985 RLC 51319 b SB2345 - 12 - LRB103 24985 RLC 51319 b
427	427	SB2345 - 12 - LRB103 24985 RLC 51319 b
428	428	1 must be reasonably related to remedying a condition or
429	429	2 conditions that gave rise to or which could give rise to any
430	430	3 finding of child abuse or neglect.
431	431	4 If the permanency goal is to return home, the court shall
432	432	5 make findings that identify any problems that are causing
433	433	6 continued placement of the children away from the home and
434	434	7 identify what outcomes would be considered a resolution to
435	435	8 these problems. The court shall explain to the parents that
436	436	9 these findings are based on the information that the court has
437	437	10 at that time and may be revised, should additional evidence be
438	438	11 presented to the court.
439	439	12 The court shall review the Sibling Contact Support Plan
440	440	13 developed or modified under subsection (f) of Section 7.4 of
441	441	14 the Children and Family Services Act, if applicable. If the
442	442	15 Department has not convened a meeting to develop or modify a
443	443	16 Sibling Contact Support Plan, or if the court finds that the
444	444	17 existing Plan is not in the child's best interest, the court
445	445	18 may enter an order requiring the Department to develop,
446	446	19 modify, or implement a Sibling Contact Support Plan, or order
447	447	20 mediation.
448	448	21 If the goal has been achieved, the court shall enter
449	449	22 orders that are necessary to conform the minor's legal custody
450	450	23 and status to those findings.
451	451	24 If, after receiving evidence, the court determines that
452	452	25 the services contained in the plan are not reasonably
453	453	26 calculated to facilitate achievement of the permanency goal,
454	454
455	455
456	456
457	457
458	458
459	459	SB2345 - 12 - LRB103 24985 RLC 51319 b
460	460
461	461
462	462	SB2345- 13 -LRB103 24985 RLC 51319 b SB2345 - 13 - LRB103 24985 RLC 51319 b
463	463	SB2345 - 13 - LRB103 24985 RLC 51319 b
464	464	1 the court shall put in writing the factual basis supporting
465	465	2 the determination and enter specific findings based on the
466	466	3 evidence. The court also shall enter an order for the
467	467	4 Department to develop and implement a new service plan or to
468	468	5 implement changes to the current service plan consistent with
469	469	6 the court's findings. The new service plan shall be filed with
470	470	7 the court and served on all parties within 45 days of the date
471	471	8 of the order. The court shall continue the matter until the new
472	472	9 service plan is filed. Except as authorized by subsection
473	473	10 (2.5) of this Section and as otherwise specifically authorized
474	474	11 by law, the court is not empowered under this Section to order
475	475	12 specific placements, specific services, or specific service
476	476	13 providers to be included in the service plan.
477	477	14 A guardian or custodian appointed by the court pursuant to
478	478	15 this Act shall file updated case plans with the court every 6
479	479	16 months.
480	480	17 Rights of wards of the court under this Act are
481	481	18 enforceable against any public agency by complaints for relief
482	482	19 by mandamus filed in any proceedings brought under this Act.
483	483	20 (2.5) If, after reviewing the evidence, including evidence
484	484	21 from the Department, the court determines that the minor's
485	485	22 current or planned placement is not necessary or appropriate
486	486	23 to facilitate achievement of the permanency goal, the court
487	487	24 shall put in writing the factual basis supporting its
488	488	25 determination and enter specific findings based on the
489	489	26 evidence. If the court finds that the minor's current or
490	490
491	491
492	492
493	493
494	494
495	495	SB2345 - 13 - LRB103 24985 RLC 51319 b
496	496
497	497
498	498	SB2345- 14 -LRB103 24985 RLC 51319 b SB2345 - 14 - LRB103 24985 RLC 51319 b
499	499	SB2345 - 14 - LRB103 24985 RLC 51319 b
500	500	1 planned placement is not necessary or appropriate, the court
501	501	2 may enter an order directing the Department to implement a
502	502	3 recommendation by the minor's treating clinician or a
503	503	4 clinician contracted by the Department to evaluate the minor
504	504	5 or a recommendation made by the Department. If the Department
505	505	6 places a minor in a placement under an order entered under this
506	506	7 subsection (2.5), the Department has the authority to remove
507	507	8 the minor from that placement when a change in circumstances
508	508	9 necessitates the removal to protect the minor's health,
509	509	10 safety, and best interest. If the Department determines
510	510	11 removal is necessary, the Department shall notify the parties
511	511	12 of the planned placement change in writing no later than 10
512	512	13 days prior to the implementation of its determination unless
513	513	14 remaining in the placement poses an imminent risk of harm to
514	514	15 the minor, in which case the Department shall notify the
515	515	16 parties of the placement change in writing immediately
516	516	17 following the implementation of its decision. The Department
517	517	18 shall notify others of the decision to change the minor's
518	518	19 placement as required by Department rule.
519	519	20 (3) Following the permanency hearing, the court shall
520	520	21 enter a written order that includes the determinations
521	521	22 required under subsection (2) of this Section and sets forth
522	522	23 the following:
523	523	24 (a) The future status of the minor, including the
524	524	25 permanency goal, and any order necessary to conform the
525	525	26 minor's legal custody and status to such determination; or
526	526
527	527
528	528
529	529
530	530
531	531	SB2345 - 14 - LRB103 24985 RLC 51319 b
532	532
533	533
534	534	SB2345- 15 -LRB103 24985 RLC 51319 b SB2345 - 15 - LRB103 24985 RLC 51319 b
535	535	SB2345 - 15 - LRB103 24985 RLC 51319 b
536	536	1 (b) If the permanency goal of the minor cannot be
537	537	2 achieved immediately, the specific reasons for continuing
538	538	3 the minor in the care of the Department of Children and
539	539	4 Family Services or other agency for short-term short term
540	540	5 placement, and the following determinations:
541	541	6 (i) (Blank).
542	542	7 (ii) Whether the services required by the court
543	543	8 and by any service plan prepared within the prior 6
544	544	9 months have been provided and (A) if so, whether the
545	545	10 services were reasonably calculated to facilitate the
546	546	11 achievement of the permanency goal or (B) if not
547	547	12 provided, why the services were not provided.
548	548	13 (iii) Whether the minor's current or planned
549	549	14 placement is necessary, and appropriate to the plan
550	550	15 and goal, recognizing the right of minors to the least
551	551	16 restrictive (most family-like) setting available and
552	552	17 in close proximity to the parents' home consistent
553	553	18 with the health, safety, best interest, and special
554	554	19 needs of the minor and, if the minor is placed
555	555	20 out-of-state, whether the out-of-state placement
556	556	21 continues to be appropriate and consistent with the
557	557	22 health, safety, and best interest of the minor.
558	558	23 (iv) (Blank).
559	559	24 (v) (Blank).
560	560	25 (4) The minor or any person interested in the minor may
561	561	26 apply to the court for a change in custody of the minor and the
562	562
563	563
564	564
565	565
566	566
567	567	SB2345 - 15 - LRB103 24985 RLC 51319 b
568	568
569	569
570	570	SB2345- 16 -LRB103 24985 RLC 51319 b SB2345 - 16 - LRB103 24985 RLC 51319 b
571	571	SB2345 - 16 - LRB103 24985 RLC 51319 b
572	572	1 appointment of a new custodian or guardian of the person or for
573	573	2 the restoration of the minor to the custody of his parents or
574	574	3 former guardian or custodian.
575	575	4 When return home is not selected as the permanency goal:
576	576	5 (a) The Department, the minor, or the current foster
577	577	6 parent or relative caregiver seeking private guardianship
578	578	7 may file a motion for private guardianship of the minor.
579	579	8 Appointment of a guardian under this Section requires
580	580	9 approval of the court.
581	581	10 (b) The State's Attorney may file a motion to
582	582	11 terminate parental rights of any parent who has failed to
583	583	12 make reasonable efforts to correct the conditions which
584	584	13 led to the removal of the child or reasonable progress
585	585	14 toward the return of the child, as defined in subdivision
586	586	15 (D)(m) of Section 1 of the Adoption Act or for whom any
587	587	16 other unfitness ground for terminating parental rights as
588	588	17 defined in subdivision (D) of Section 1 of the Adoption
589	589	18 Act exists.
590	590	19 When parental rights have been terminated for a
591	591	20 minimum of 3 years and the child who is the subject of the
592	592	21 permanency hearing is 13 years old or older and is not
593	593	22 currently placed in a placement likely to achieve
594	594	23 permanency, the Department of Children and Family Services
595	595	24 shall make reasonable efforts to locate parents whose
596	596	25 rights have been terminated, except when the Court
597	597	26 determines that those efforts would be futile or
598	598
599	599
600	600
601	601
602	602
603	603	SB2345 - 16 - LRB103 24985 RLC 51319 b
604	604
605	605
606	606	SB2345- 17 -LRB103 24985 RLC 51319 b SB2345 - 17 - LRB103 24985 RLC 51319 b
607	607	SB2345 - 17 - LRB103 24985 RLC 51319 b
608	608	1 inconsistent with the subject child's best interests. The
609	609	2 Department of Children and Family Services shall assess
610	610	3 the appropriateness of the parent whose rights have been
611	611	4 terminated, and shall, as appropriate, foster and support
612	612	5 connections between the parent whose rights have been
613	613	6 terminated and the youth. The Department of Children and
614	614	7 Family Services shall document its determinations and
615	615	8 efforts to foster connections in the child's case plan.
616	616	9 Custody of the minor shall not be restored to any parent,
617	617	10 guardian, or legal custodian in any case in which the minor is
618	618	11 found to be neglected or abused under Section 2-3 or dependent
619	619	12 under Section 2-4 of this Act, unless the minor can be cared
620	620	13 for at home without endangering his or her health or safety and
621	621	14 it is in the best interest of the minor, and if such neglect,
622	622	15 abuse, or dependency is found by the court under paragraph (1)
623	623	16 of Section 2-21 of this Act to have come about due to the acts
624	624	17 or omissions or both of such parent, guardian, or legal
625	625	18 custodian, until such time as an investigation is made as
626	626	19 provided in paragraph (5) and a hearing is held on the issue of
627	627	20 the health, safety, and best interest of the minor and the
628	628	21 fitness of such parent, guardian, or legal custodian to care
629	629	22 for the minor and the court enters an order that such parent,
630	630	23 guardian, or legal custodian is fit to care for the minor. If a
631	631	24 motion is filed to modify or vacate a private guardianship
632	632	25 order and return the child to a parent, guardian, or legal
633	633	26 custodian, the court may order the Department of Children and
634	634
635	635
636	636
637	637
638	638
639	639	SB2345 - 17 - LRB103 24985 RLC 51319 b
640	640
641	641
642	642	SB2345- 18 -LRB103 24985 RLC 51319 b SB2345 - 18 - LRB103 24985 RLC 51319 b
643	643	SB2345 - 18 - LRB103 24985 RLC 51319 b
644	644	1 Family Services to assess the minor's current and proposed
645	645	2 living arrangements and to provide ongoing monitoring of the
646	646	3 health, safety, and best interest of the minor during the
647	647	4 pendency of the motion to assist the court in making that
648	648	5 determination. In the event that the minor has attained 18
649	649	6 years of age and the guardian or custodian petitions the court
650	650	7 for an order terminating his guardianship or custody,
651	651	8 guardianship or custody shall terminate automatically 30 days
652	652	9 after the receipt of the petition unless the court orders
653	653	10 otherwise. No legal custodian or guardian of the person may be
654	654	11 removed without his consent until given notice and an
655	655	12 opportunity to be heard by the court.
656	656	13 When the court orders a child restored to the custody of
657	657	14 the parent or parents, the court shall order the parent or
658	658	15 parents to cooperate with the Department of Children and
659	659	16 Family Services and comply with the terms of an after-care
660	660	17 plan, or risk the loss of custody of the child and possible
661	661	18 termination of their parental rights. The court may also enter
662	662	19 an order of protective supervision in accordance with Section
663	663	20 2-24.
664	664	21 If the minor is being restored to the custody of a parent,
665	665	22 legal custodian, or guardian who lives outside of Illinois,
666	666	23 and an Interstate Compact has been requested and refused, the
667	667	24 court may order the Department of Children and Family Services
668	668	25 to arrange for an assessment of the minor's proposed living
669	669	26 arrangement and for ongoing monitoring of the health, safety,
670	670
671	671
672	672
673	673
674	674
675	675	SB2345 - 18 - LRB103 24985 RLC 51319 b
676	676
677	677
678	678	SB2345- 19 -LRB103 24985 RLC 51319 b SB2345 - 19 - LRB103 24985 RLC 51319 b
679	679	SB2345 - 19 - LRB103 24985 RLC 51319 b
680	680	1 and best interest of the minor and compliance with any order of
681	681	2 protective supervision entered in accordance with Section
682	682	3 2-24.
683	683	4 (5) Whenever a parent, guardian, or legal custodian files
684	684	5 a motion for restoration of custody of the minor, and the minor
685	685	6 was adjudicated neglected, abused, or dependent as a result of
686	686	7 physical abuse, the court shall cause to be made an
687	687	8 investigation as to whether the movant has ever been charged
688	688	9 with or convicted of any criminal offense which would indicate
689	689	10 the likelihood of any further physical abuse to the minor.
690	690	11 Evidence of such criminal convictions shall be taken into
691	691	12 account in determining whether the minor can be cared for at
692	692	13 home without endangering his or her health or safety and
693	693	14 fitness of the parent, guardian, or legal custodian.
694	694	15 (a) Any agency of this State or any subdivision
695	695	16 thereof shall cooperate with the agent of the court in
696	696	17 providing any information sought in the investigation.
697	697	18 (b) The information derived from the investigation and
698	698	19 any conclusions or recommendations derived from the
699	699	20 information shall be provided to the parent, guardian, or
700	700	21 legal custodian seeking restoration of custody prior to
701	701	22 the hearing on fitness and the movant shall have an
702	702	23 opportunity at the hearing to refute the information or
703	703	24 contest its significance.
704	704	25 (c) All information obtained from any investigation
705	705	26 shall be confidential as provided in Section 5-150 of this
706	706
707	707
708	708
709	709
710	710
711	711	SB2345 - 19 - LRB103 24985 RLC 51319 b
712	712
713	713
714	714	SB2345- 20 -LRB103 24985 RLC 51319 b SB2345 - 20 - LRB103 24985 RLC 51319 b
715	715	SB2345 - 20 - LRB103 24985 RLC 51319 b
716	716	1 Act.
717	717	2 (Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21;
718	718	3 102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised
719	719	4 8-23-22.)
720	720
721	721
722	722
723	723
724	724
725	725	SB2345 - 20 - LRB103 24985 RLC 51319 b