Illinois 2025-2026 Regular Session

Illinois House Bill HB1823 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB1823 EngrossedLRB104 09302 RLC 19360 b HB1823 Engrossed LRB104 09302 RLC 19360 b
2		-	HB1823 Engrossed LRB104 09302 RLC 19360 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1823 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-745 Amends the Juvenile Court Act of 1987. Makes technical changes in a provision that states if the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under the Delinquent Minors Article of the Act, the court shall conduct permanency hearings as set out in the court review provisions of the Abused, Neglected, or Dependent Minors Article of the Act. LRB104 09302 RLC 19360 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1823 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-745 705 ILCS 405/5-745 Amends the Juvenile Court Act of 1987. Makes technical changes in a provision that states if the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under the Delinquent Minors Article of the Act, the court shall conduct permanency hearings as set out in the court review provisions of the Abused, Neglected, or Dependent Minors Article of the Act. LRB104 09302 RLC 19360 b LRB104 09302 RLC 19360 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1823 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED:
	3	+	705 ILCS 405/5-745 705 ILCS 405/5-745
	4	+	705 ILCS 405/5-745
	5	+	Amends the Juvenile Court Act of 1987. Makes technical changes in a provision that states if the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under the Delinquent Minors Article of the Act, the court shall conduct permanency hearings as set out in the court review provisions of the Abused, Neglected, or Dependent Minors Article of the Act.
	6	+	LRB104 09302 RLC 19360 b LRB104 09302 RLC 19360 b
	7	+	LRB104 09302 RLC 19360 b
	8	+	A BILL FOR
	9	+	HB1823LRB104 09302 RLC 19360 b HB1823 LRB104 09302 RLC 19360 b
	10	+	HB1823 LRB104 09302 RLC 19360 b
3	11		1 AN ACT concerning courts.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Juvenile Court Act of 1987 is amended by
7	15		5 changing Section 5-745 as follows:
8	16		6 (705 ILCS 405/5-745)
9	17		7 Sec. 5-745. Court review.
10	18		8 (1) The court may require any legal custodian or guardian
11	19		9 of the person appointed under this Act, including the
12	20		10 Department of Juvenile Justice for youth committed under
13	21		11 Section 5-750 of this Act, to report periodically to the court
14	22		12 or may cite the legal custodian or guardian into court and
15	23		13 require the legal custodian or guardian, or the legal
16	24		14 custodian's or guardian's agency, to make a full and accurate
17	25		15 report of the doings of the legal custodian, guardian, or
18	26		16 agency on behalf of the minor, including efforts to secure
19	27		17 post-release placement of the youth after release from the
20	28		18 Department's facilities. The legal custodian or guardian,
21	29		19 within 10 days after the citation, shall make the report,
22	30		20 either in writing verified by affidavit or orally under oath
23	31		21 in open court, or otherwise as the court directs. Upon the
24	32		22 hearing of the report the court may remove the legal custodian
25	33		23 or guardian and appoint another in the legal custodian's or
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29		-	HB1823 Engrossed LRB104 09302 RLC 19360 b
	37	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1823 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED:
	38	+	705 ILCS 405/5-745 705 ILCS 405/5-745
	39	+	705 ILCS 405/5-745
	40	+	Amends the Juvenile Court Act of 1987. Makes technical changes in a provision that states if the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under the Delinquent Minors Article of the Act, the court shall conduct permanency hearings as set out in the court review provisions of the Abused, Neglected, or Dependent Minors Article of the Act.
	41	+	LRB104 09302 RLC 19360 b LRB104 09302 RLC 19360 b
	42	+	LRB104 09302 RLC 19360 b
	43	+	A BILL FOR
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33		-	HB1823 Engrossed - 2 - LRB104 09302 RLC 19360 b
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	49	+	705 ILCS 405/5-745
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34	68		1 guardian's stead or restore the minor to the custody of the
35	69		2 minor's parents or former guardian or legal custodian.
36	70		3 (2) If the Department of Children and Family Services is
37	71		4 appointed legal custodian or guardian of a minor under Section
38	72		5 5-740 of this Act, the Department of Children and Family
39	73		6 Services shall file updated case plans with the court every 6
40	74		7 months. Every agency which has guardianship of a child shall
41	75		8 file a supplemental petition for court review, or review by an
42	76		9 administrative body appointed or approved by the court and
43	77		10 further order within 18 months of the sentencing order and
44	78		11 each 18 months thereafter. The petition shall state facts
45	79		12 relative to the child's present condition of physical, mental
46	80		13 and emotional health as well as facts relative to the minor's
47	81		14 present custodial or foster care. The petition shall be set
48	82		15 for hearing and the clerk shall mail 10 days notice of the
49	83		16 hearing by certified mail, return receipt requested, to the
50	84		17 person or agency having the physical custody of the child, the
51	85		18 minor and other interested parties unless a written waiver of
52	86		19 notice is filed with the petition.
53	87		20 If the minor is in the custody of the Illinois Department
54	88		21 of Children and Family Services, pursuant to an order entered
55	89		22 under this Article, the court shall conduct permanency
56	90		23 hearings as set out in subsections (1), (1.5), (1.6), (2),
57	91		24 (2.5), and (3) of Section 2-28 of Article II of this Act.
58	92		25 Rights of wards of the court under this Act are
59	93		26 enforceable against any public agency by complaints for relief
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	103	+	HB1823 - 3 - LRB104 09302 RLC 19360 b
70	104		1 by mandamus filed in any proceedings brought under this Act.
71	105		2 (3) The minor or any person interested in the minor may
72	106		3 apply to the court for a change in custody of the minor and the
73	107		4 appointment of a new custodian or guardian of the person or for
74	108		5 the restoration of the minor to the custody of the minor's
75	109		6 parents or former guardian or custodian. In the event that the
76	110		7 minor has attained 18 years of age and the guardian or
77	111		8 custodian petitions the court for an order terminating the
78	112		9 minor's guardianship or custody, guardianship or legal custody
79	113		10 shall terminate automatically 30 days after the receipt of the
80	114		11 petition unless the court orders otherwise. No legal custodian
81	115		12 or guardian of the person may be removed without the legal
82	116		13 custodian's or guardian's consent until given notice and an
83	117		14 opportunity to be heard by the court.
84	118		15 (4) If the minor is committed to the Department of
85	119		16 Juvenile Justice under Section 5-750 of this Act, the
86	120		17 Department shall notify the court in writing of the occurrence
87	121		18 of any of the following:
88	122		19 (a) a critical incident involving a youth committed to
89	123		20 the Department; as used in this paragraph (a), "critical
90	124		21 incident" means any incident that involves a serious risk
91	125		22 to the life, health, or well-being of the youth and
92	126		23 includes, but is not limited to, an accident or suicide
93	127		24 attempt resulting in serious bodily harm or
94	128		25 hospitalization, psychiatric hospitalization, alleged or
95	129		26 suspected abuse, or escape or attempted escape from
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106	140		1 custody, filed within 10 days of the occurrence;
107	141		2 (b) a youth who has been released by the Prisoner
108	142		3 Review Board but remains in a Department facility solely
109	143		4 because the youth does not have an approved aftercare
110	144		5 release host site, filed within 10 days of the occurrence;
111	145		6 (c) a youth, except a youth who has been adjudicated a
112	146		7 habitual or violent juvenile offender under Section 5-815
113	147		8 or 5-820 of this Act or committed for first degree murder,
114	148		9 who has been held in a Department facility for over one
115	149		10 consecutive year; or
116	150		11 (d) if a report has been filed under paragraph (c) of
117	151		12 this subsection, a supplemental report shall be filed
118	152		13 every 6 months thereafter.
119	153		14 The notification required by this subsection (4) shall contain
120	154		15 a brief description of the incident or situation and a summary
121	155		16 of the youth's current physical, mental, and emotional health
122	156		17 and the actions the Department took in response to the
123	157		18 incident or to identify an aftercare release host site, as
124	158		19 applicable. Upon receipt of the notification, the court may
125	159		20 require the Department to make a full report under subsection
126	160		21 (1) of this Section.
127	161		22 (5) With respect to any report required to be filed with
128	162		23 the court under this Section, the Independent Juvenile
129	163		24 Ombudsperson shall provide a copy to the minor's court
130	164		25 appointed guardian ad litem, if the Department has received
131	165		26 written notice of the appointment, and to the minor's
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142		-	1 attorney, if the Department has received written notice of
143		-	2 representation from the attorney. If the Department has a
144		-	3 record that a guardian has been appointed for the minor and a
145		-	4 record of the last known address of the minor's court
146		-	5 appointed guardian, the Independent Juvenile Ombudsperson
147		-	6 shall send a notice to the guardian that the report is
148		-	7 available and will be provided by the Independent Juvenile
149		-	8 Ombudsperson upon request. If the Department has no record
150		-	9 regarding the appointment of a guardian for the minor, and the
151		-	10 Department's records include the last known addresses of the
152		-	11 minor's parents, the Independent Juvenile Ombudsperson shall
153		-	12 send a notice to the parents that the report is available and
154		-	13 will be provided by the Independent Juvenile Ombudsperson upon
155		-	14 request.
156		-	15 (Source: P.A. 103-22, eff. 8-8-23.)
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162		-	HB1823 ~~Engrossed~~ - 5 - LRB104 09302 RLC 19360 b
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