IL
Illinois House Bill HB3365

Illinois 2025-2026 Regular Session

Illinois House Bill HB3365 Compare Versions

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1-HB3365 EngrossedLRB104 10403 RLC 20478 b HB3365 Engrossed LRB104 10403 RLC 20478 b
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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3365 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-3 from Ch. 37, par. 802-3705 ILCS 405/2-10 from Ch. 37, par. 802-10705 ILCS 405/2-18 from Ch. 37, par. 802-18705 ILCS 405/2-21 from Ch. 37, par. 802-21705 ILCS 405/2-27 from Ch. 37, par. 802-27 Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that an environment is injurious to the minor's welfare if conditions in the child's environment create a real, significant and imminent likelihood of harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence unless the court determines the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian resulting in a determination of abuse or neglect under the Act. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence". LRB104 10403 RLC 20478 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3365 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-3 from Ch. 37, par. 802-3705 ILCS 405/2-10 from Ch. 37, par. 802-10705 ILCS 405/2-18 from Ch. 37, par. 802-18705 ILCS 405/2-21 from Ch. 37, par. 802-21705 ILCS 405/2-27 from Ch. 37, par. 802-27 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-3 from Ch. 37, par. 802-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-18 from Ch. 37, par. 802-18 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-27 from Ch. 37, par. 802-27 Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that an environment is injurious to the minor's welfare if conditions in the child's environment create a real, significant and imminent likelihood of harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence unless the court determines the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian resulting in a determination of abuse or neglect under the Act. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence". LRB104 10403 RLC 20478 b LRB104 10403 RLC 20478 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3365 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
3+705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-3 from Ch. 37, par. 802-3705 ILCS 405/2-10 from Ch. 37, par. 802-10705 ILCS 405/2-18 from Ch. 37, par. 802-18705 ILCS 405/2-21 from Ch. 37, par. 802-21705 ILCS 405/2-27 from Ch. 37, par. 802-27 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-3 from Ch. 37, par. 802-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-18 from Ch. 37, par. 802-18 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-27 from Ch. 37, par. 802-27
4+705 ILCS 405/1-3 from Ch. 37, par. 801-3
5+705 ILCS 405/2-3 from Ch. 37, par. 802-3
6+705 ILCS 405/2-10 from Ch. 37, par. 802-10
7+705 ILCS 405/2-18 from Ch. 37, par. 802-18
8+705 ILCS 405/2-21 from Ch. 37, par. 802-21
9+705 ILCS 405/2-27 from Ch. 37, par. 802-27
10+Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that an environment is injurious to the minor's welfare if conditions in the child's environment create a real, significant and imminent likelihood of harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence unless the court determines the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian resulting in a determination of abuse or neglect under the Act. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence".
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316 1 AN ACT concerning courts.
417 2 Be it enacted by the People of the State of Illinois,
518 3 represented in the General Assembly:
6-4 Section 5. The Abused and Neglected Child Reporting Act is
7-5 amended by changing Section 3 as follows:
8-6 (325 ILCS 5/3) (from Ch. 23, par. 2053)
9-7 Sec. 3. As used in this Act unless the context otherwise
10-8 requires:
11-9 "Adult resident" means any person between 18 and 22 years
12-10 of age who resides in any facility licensed by the Department
13-11 under the Child Care Act of 1969. For purposes of this Act, the
14-12 criteria set forth in the definitions of "abused child" and
15-13 "neglected child" shall be used in determining whether an
16-14 adult resident is abused or neglected.
17-15 "Agency" means a child care facility licensed under
18-16 Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
19-17 includes a transitional living program that accepts children
20-18 and adult residents for placement who are in the guardianship
21-19 of the Department.
22-20 "Blatant disregard" means an incident where the real,
23-21 significant, and imminent likelihood risk of serious harm
24-22 would be so obvious to a reasonable parent or caretaker that it
25-23 is unlikely that a reasonable parent or caretaker would have
19+4 Section 5. The Juvenile Court Act of 1987 is amended by
20+5 changing Sections 1-3, 2-3, 2-10, 2-18, 2-21, and 2-27 as
21+6 follows:
22+7 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
23+8 Sec. 1-3. Definitions. Terms used in this Act, unless the
24+9 context otherwise requires, have the following meanings
25+10 ascribed to them:
26+11 (1) "Adjudicatory hearing" means a hearing to determine
27+12 whether the allegations of a petition under Section 2-13,
28+13 3-15, or 4-12 that a minor under 18 years of age is abused,
29+14 neglected, or dependent, or requires authoritative
30+15 intervention, or addicted, respectively, are supported by a
31+16 preponderance of the evidence or whether the allegations of a
32+17 petition under Section 5-520 that a minor is delinquent are
33+18 proved beyond a reasonable doubt.
34+19 (2) "Adult" means a person 21 years of age or older.
35+20 (3) "Agency" means a public or private child care facility
36+21 legally authorized or licensed by this State for placement or
37+22 institutional care or for both placement and institutional
38+23 care.
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34-1 exposed the child to the danger without exercising
35-2 precautionary measures to protect the child from harm. With
36-3 respect to a person working at an agency in the person's
37-4 professional capacity with a child or adult resident, "blatant
38-5 disregard" includes a failure by the person to perform job
39-6 responsibilities intended to protect the child's or adult
40-7 resident's health, physical well-being, or welfare, and, when
41-8 viewed in light of the surrounding circumstances, evidence
42-9 exists that would cause a reasonable person to believe that
43-10 the child was neglected. With respect to an agency, "blatant
44-11 disregard" includes a failure to implement practices that
45-12 ensure the health, physical well-being, or welfare of the
46-13 children and adult residents residing in the facility.
47-14 "Child" means any person under the age of 18 years, unless
48-15 legally emancipated by reason of marriage or entry into a
49-16 branch of the United States armed services.
50-17 "Department" means Department of Children and Family
51-18 Services.
52-19 "Local law enforcement agency" means the police of a city,
53-20 town, village or other incorporated area or the sheriff of an
54-21 unincorporated area or any sworn officer of the Illinois State
55-22 Police.
56-23 "Abused child" means a child whose parent or immediate
57-24 family member, or any person responsible for the child's
58-25 welfare, or any individual residing in the same home as the
59-26 child, or a paramour of the child's parent:
42+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3365 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
43+705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-3 from Ch. 37, par. 802-3705 ILCS 405/2-10 from Ch. 37, par. 802-10705 ILCS 405/2-18 from Ch. 37, par. 802-18705 ILCS 405/2-21 from Ch. 37, par. 802-21705 ILCS 405/2-27 from Ch. 37, par. 802-27 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-3 from Ch. 37, par. 802-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-18 from Ch. 37, par. 802-18 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-27 from Ch. 37, par. 802-27
44+705 ILCS 405/1-3 from Ch. 37, par. 801-3
45+705 ILCS 405/2-3 from Ch. 37, par. 802-3
46+705 ILCS 405/2-10 from Ch. 37, par. 802-10
47+705 ILCS 405/2-18 from Ch. 37, par. 802-18
48+705 ILCS 405/2-21 from Ch. 37, par. 802-21
49+705 ILCS 405/2-27 from Ch. 37, par. 802-27
50+Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that an environment is injurious to the minor's welfare if conditions in the child's environment create a real, significant and imminent likelihood of harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence unless the court determines the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian resulting in a determination of abuse or neglect under the Act. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence".
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53+A BILL FOR
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59+705 ILCS 405/1-3 from Ch. 37, par. 801-3
60+705 ILCS 405/2-3 from Ch. 37, par. 802-3
61+705 ILCS 405/2-10 from Ch. 37, par. 802-10
62+705 ILCS 405/2-18 from Ch. 37, par. 802-18
63+705 ILCS 405/2-21 from Ch. 37, par. 802-21
64+705 ILCS 405/2-27 from Ch. 37, par. 802-27
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70-1 (a) inflicts, causes to be inflicted, or allows to be
71-2 inflicted upon such child physical injury, by other than
72-3 accidental means, which causes death, disfigurement,
73-4 impairment of physical or emotional health, or loss or
74-5 impairment of any bodily function;
75-6 (b) creates a substantial risk of physical injury to
76-7 such child by other than accidental means which would be
77-8 likely to cause death, disfigurement, impairment of
78-9 physical or emotional health, or loss or impairment of any
79-10 bodily function;
80-11 (c) commits or allows to be committed any sex offense
81-12 against such child, as such sex offenses are defined in
82-13 the Criminal Code of 2012 or in the Wrongs to Children Act,
83-14 and extending those definitions of sex offenses to include
84-15 children under 18 years of age;
85-16 (d) commits or allows to be committed an act or acts of
86-17 torture upon such child;
87-18 (e) inflicts excessive corporal punishment or, in the
88-19 case of a person working for an agency who is prohibited
89-20 from using corporal punishment, inflicts corporal
90-21 punishment upon a child or adult resident with whom the
91-22 person is working in the person's professional capacity;
92-23 (f) commits or allows to be committed the offense of
93-24 female genital mutilation, as defined in Section 12-34 of
94-25 the Criminal Code of 2012, against the child;
95-26 (g) causes to be sold, transferred, distributed, or
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106-1 given to such child under 18 years of age, a controlled
107-2 substance as defined in Section 102 of the Illinois
108-3 Controlled Substances Act in violation of Article IV of
109-4 the Illinois Controlled Substances Act or in violation of
110-5 the Methamphetamine Control and Community Protection Act,
111-6 except for controlled substances that are prescribed in
112-7 accordance with Article III of the Illinois Controlled
113-8 Substances Act and are dispensed to such child in a manner
114-9 that substantially complies with the prescription;
115-10 (h) commits or allows to be committed the offense of
116-11 involuntary servitude, involuntary sexual servitude of a
117-12 minor, or trafficking in persons as defined in Section
118-13 10-9 of the Criminal Code of 2012 against the child; or
119-14 (i) commits the offense of grooming, as defined in
120-15 Section 11-25 of the Criminal Code of 2012, against the
121-16 child.
122-17 A child shall not be considered abused for the sole reason
123-18 that the child has been relinquished in accordance with the
124-19 Abandoned Newborn Infant Protection Act.
125-20 "Neglected child" means (a) any child who, due to the
126-21 blatant disregard of the child's parent or other person
127-22 responsible for the child's welfare, or agency
128-23 responsibilities, is: (1) not receiving care necessary for the
129-24 child's well being, including adequate food, clothing and
130-25 shelter; (2) not receiving the proper or necessary nourishment
131-26 or medically indicated treatment including food or care not
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83+1 (4) "Association" means any organization, public or
84+2 private, engaged in welfare functions which include services
85+3 to or on behalf of children but does not include "agency" as
86+4 herein defined.
87+5 (4.05) Whenever a "best interest" determination is
88+6 required, the following factors shall be considered in the
89+7 context of the child's age and developmental needs:
90+8 (a) the physical safety and welfare of the child,
91+9 including food, shelter, health, and clothing;
92+10 (b) the development of the child's identity;
93+11 (c) the child's background and ties, including
94+12 familial, cultural, and religious;
95+13 (d) the child's sense of attachments, including:
96+14 (i) where the child actually feels love,
97+15 attachment, and a sense of being valued (as opposed to
98+16 where adults believe the child should feel such love,
99+17 attachment, and a sense of being valued);
100+18 (ii) the child's sense of security;
101+19 (iii) the child's sense of familiarity;
102+20 (iv) continuity of affection for the child;
103+21 (v) the least disruptive placement alternative for
104+22 the child;
105+23 (e) the child's wishes and long-term goals;
106+24 (f) the child's community ties, including church,
107+25 school, and friends;
108+26 (g) the child's need for permanence which includes the
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142-1 provided solely on the basis of the present or anticipated
143-2 mental or physical impairment as determined by a physician
144-3 acting alone or in consultation with other physicians or
145-4 otherwise is not receiving the proper or necessary support or
146-5 medical or other remedial care recognized under State law as
147-6 necessary for a child's well-being; (3) , or other care
148-7 necessary for the child's well-being, including adequate food,
149-8 clothing and shelter; or who is subjected to an environment
150-9 which is injurious insofar as (i) the child's environment
151-10 creates a real, significant, and imminent likelihood of
152-11 serious harm to the child's health, physical well-being, or
153-12 welfare; (4) and (ii) the likely harm to the child is the
154-13 result of a blatant disregard of parent, caretaker, person
155-14 responsible for the child's welfare, or agency
156-15 responsibilities; or who is abandoned by the child's parents
157-16 or other person responsible for the child's welfare without a
158-17 proper plan of care; or who has been provided with interim
159-18 crisis intervention services under Section 3-5 of the Juvenile
160-19 Court Act of 1987 and whose parent, guardian, or custodian
161-20 refuses to permit the child to return home and no other living
162-21 arrangement agreeable to the parent, guardian, or custodian
163-22 can be made, and the parent, guardian, or custodian has not
164-23 made any other appropriate living arrangement for the child;
165-24 (5) or who is a newborn infant whose blood, urine, or meconium
166-25 contains any amount of a controlled substance as defined in
167-26 subsection (f) of Section 102 of the Illinois Controlled
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119+1 child's need for stability and continuity of relationships
120+2 with parent figures and with siblings and other relatives;
121+3 (h) the uniqueness of every family and child;
122+4 (i) the risks attendant to entering and being in
123+5 substitute care; and
124+6 (j) the preferences of the persons available to care
125+7 for the child.
126+8 (4.1) "Chronic truant" shall have the definition ascribed
127+9 to it in Section 26-2a of the School Code.
128+10 (5) "Court" means the circuit court in a session or
129+11 division assigned to hear proceedings under this Act.
130+12 (6) "Dispositional hearing" means a hearing to determine
131+13 whether a minor should be adjudged to be a ward of the court,
132+14 and to determine what order of disposition should be made in
133+15 respect to a minor adjudged to be a ward of the court.
134+16 (6.5) "Dissemination" or "disseminate" means to publish,
135+17 produce, print, manufacture, distribute, sell, lease, exhibit,
136+18 broadcast, display, transmit, or otherwise share information
137+19 in any format so as to make the information accessible to
138+20 others.
139+21 (6.6) "Domestic violence" has the meaning ascribed to it
140+22 in paragraphs (1) and (3) of Section 103 of the Illinois
141+23 Domestic Violence Act of 1986 and includes a violation of
142+24 Section 12-4.4a of the Criminal Code of 2012.
143+25 (7) "Emancipated minor" means any minor 16 years of age or
144+26 over who has been completely or partially emancipated under
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178-1 Substances Act or a metabolite thereof, with the exception of
179-2 a controlled substance or metabolite thereof whose presence in
180-3 the newborn infant is the result of medical treatment
181-4 administered to the person who gave birth or the newborn
182-5 infant.
183-6 (b) A child is not considered neglected by a parent or
184-7 other person responsible for the child's welfare due to
185-8 exposure to domestic violence itself when perpetrated against
186-9 someone other than the child, if that parent or other person
187-10 responsible for the child's welfare did not perpetrate the
188-11 domestic violence.
189-12 (c) A child shall not be considered neglected for the sole
190-13 reason that the child's parent or other person responsible for
191-14 the child's welfare has left the child in the care of an adult
192-15 relative for any period of time. A child shall not be
193-16 considered neglected for the sole reason that the child has
194-17 been relinquished in accordance with the Abandoned Newborn
195-18 Infant Protection Act. A child shall not be considered
196-19 neglected or abused for the sole reason that such child's
197-20 parent or other person responsible for the child's welfare
198-21 depends upon spiritual means through prayer alone for the
199-22 treatment or cure of disease or remedial care as provided
200-23 under Section 4 of this Act. A child shall not be considered
201-24 neglected or abused solely because the child is not attending
202-25 school in accordance with the requirements of Article 26 of
203-26 The School Code, as amended.
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155+1 the Emancipation of Minors Act or under this Act.
156+2 (7.03) "Expunge" means to physically destroy the records
157+3 and to obliterate the minor's name from any official index,
158+4 public record, or electronic database.
159+5 (7.05) "Foster parent" includes a relative caregiver
160+6 selected by the Department of Children and Family Services to
161+7 provide care for the minor.
162+8 (8) "Guardianship of the person" of a minor means the duty
163+9 and authority to act in the best interests of the minor,
164+10 subject to residual parental rights and responsibilities, to
165+11 make important decisions in matters having a permanent effect
166+12 on the life and development of the minor and to be concerned
167+13 with the minor's general welfare. It includes but is not
168+14 necessarily limited to:
169+15 (a) the authority to consent to marriage, to
170+16 enlistment in the armed forces of the United States, or to
171+17 a major medical, psychiatric, and surgical treatment; to
172+18 represent the minor in legal actions; and to make other
173+19 decisions of substantial legal significance concerning the
174+20 minor;
175+21 (b) the authority and duty of reasonable visitation,
176+22 except to the extent that these have been limited in the
177+23 best interests of the minor by court order;
178+24 (c) the rights and responsibilities of legal custody
179+25 except where legal custody has been vested in another
180+26 person or agency; and
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214-1 "Child Protective Service Unit" means certain specialized
215-2 State employees of the Department assigned by the Director to
216-3 perform the duties and responsibilities as provided under
217-4 Section 7.2 of this Act.
218-5 "Near fatality" means an act that, as certified by a
219-6 physician, places the child in serious or critical condition,
220-7 including acts of great bodily harm inflicted upon children
221-8 under 13 years of age, and as otherwise defined by Department
222-9 rule.
223-10 "Great bodily harm" includes bodily injury which creates a
224-11 high probability of death, or which causes serious permanent
225-12 disfigurement, or which causes a permanent or protracted loss
226-13 or impairment of the function of any bodily member or organ, or
227-14 other serious bodily harm.
228-15 "Person responsible for the child's welfare" means the
229-16 child's parent; guardian; foster parent; relative caregiver;
230-17 any person responsible for the child's welfare in a public or
231-18 private residential agency or institution; any person
232-19 responsible for the child's welfare within a public or private
233-20 profit or not for profit child care facility; or any other
234-21 person responsible for the child's welfare at the time of the
235-22 alleged abuse or neglect, including any person who commits or
236-23 allows to be committed, against the child, the offense of
237-24 involuntary servitude, involuntary sexual servitude of a
238-25 minor, or trafficking in persons for forced labor or services,
239-26 as provided in Section 10-9 of the Criminal Code of 2012,
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191+1 (d) the power to consent to the adoption of the minor,
192+2 but only if expressly conferred on the guardian in
193+3 accordance with Section 2-29, 3-30, or 4-27.
194+4 (8.1) "Juvenile court record" includes, but is not limited
195+5 to:
196+6 (a) all documents filed in or maintained by the
197+7 juvenile court pertaining to a specific incident,
198+8 proceeding, or individual;
199+9 (b) all documents relating to a specific incident,
200+10 proceeding, or individual made available to or maintained
201+11 by probation officers;
202+12 (c) all documents, video or audio tapes, photographs,
203+13 and exhibits admitted into evidence at juvenile court
204+14 hearings; or
205+15 (d) all documents, transcripts, records, reports, or
206+16 other evidence prepared by, maintained by, or released by
207+17 any municipal, county, or State agency or department, in
208+18 any format, if indicating involvement with the juvenile
209+19 court relating to a specific incident, proceeding, or
210+20 individual.
211+21 (8.2) "Juvenile law enforcement record" includes records
212+22 of arrest, station adjustments, fingerprints, probation
213+23 adjustments, the issuance of a notice to appear, or any other
214+24 records or documents maintained by any law enforcement agency
215+25 relating to a minor suspected of committing an offense, and
216+26 records maintained by a law enforcement agency that identifies
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250-1 including, but not limited to, the custodian of the minor, or
251-2 any person who came to know the child through an official
252-3 capacity or position of trust, including, but not limited to,
253-4 health care professionals, educational personnel, recreational
254-5 supervisors, members of the clergy, and volunteers or support
255-6 personnel in any setting where children may be subject to
256-7 abuse or neglect.
257-8 "Temporary protective custody" means custody within a
258-9 hospital or other medical facility or a place previously
259-10 designated for such custody by the Department, subject to
260-11 review by the Court, including a licensed foster home, group
261-12 home, or other institution; but such place shall not be a jail
262-13 or other place for the detention of criminal or juvenile
263-14 offenders.
264-15 "An unfounded report" means any report made under this Act
265-16 for which it is determined after an investigation that no
266-17 credible evidence of abuse or neglect exists.
267-18 "An indicated report" means a report made under this Act
268-19 if an investigation determines that credible evidence of the
269-20 alleged abuse or neglect exists.
270-21 "An undetermined report" means any report made under this
271-22 Act in which it was not possible to initiate or complete an
272-23 investigation on the basis of information provided to the
273-24 Department.
274-25 "Subject of report" means any child reported to the
275-26 central register of child abuse and neglect established under
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227+1 a juvenile as a suspect in committing an offense, but does not
228+2 include records identifying a juvenile as a victim, witness,
229+3 or missing juvenile and any records created, maintained, or
230+4 used for purposes of referral to programs relating to
231+5 diversion as defined in subsection (6) of Section 5-105.
232+6 (9) "Legal custody" means the relationship created by an
233+7 order of court in the best interests of the minor which imposes
234+8 on the custodian the responsibility of physical possession of
235+9 a minor and the duty to protect, train and discipline the minor
236+10 and to provide the minor with food, shelter, education, and
237+11 ordinary medical care, except as these are limited by residual
238+12 parental rights and responsibilities and the rights and
239+13 responsibilities of the guardian of the person, if any.
240+14 (9.1) "Mentally capable adult relative" means a person 21
241+15 years of age or older who is not suffering from a mental
242+16 illness that prevents the person from providing the care
243+17 necessary to safeguard the physical safety and welfare of a
244+18 minor who is left in that person's care by the parent or
245+19 parents or other person responsible for the minor's welfare.
246+20 (10) "Minor" means a person under the age of 21 years
247+21 subject to this Act.
248+22 (11) "Parent" means a father or mother of a child and
249+23 includes any adoptive parent. It also includes a person (i)
250+24 whose parentage is presumed or has been established under the
251+25 law of this or another jurisdiction or (ii) who has registered
252+26 with the Putative Father Registry in accordance with Section
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286-1 Section 7.7 of this Act as an alleged victim of child abuse or
287-2 neglect and the parent or guardian of the alleged victim or
288-3 other person responsible for the alleged victim's welfare who
289-4 is named in the report or added to the report as an alleged
290-5 perpetrator of child abuse or neglect.
291-6 "Perpetrator" means a person who, as a result of
292-7 investigation, has been determined by the Department to have
293-8 caused child abuse or neglect.
294-9 "Member of the clergy" means a clergyperson or
295-10 practitioner of any religious denomination accredited by the
296-11 religious body to which the clergyperson or practitioner
297-12 belongs.
298-13 (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
299-14 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
300-15 Section 10. The Juvenile Court Act of 1987 is amended by
301-16 changing Sections 1-3, 2-3, 2-10, 2-21, and 2-27 as follows:
302-17 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
303-18 Sec. 1-3. Definitions. Terms used in this Act, unless the
304-19 context otherwise requires, have the following meanings
305-20 ascribed to them:
306-21 (1) "Adjudicatory hearing" means a hearing to determine
307-22 whether the allegations of a petition under Section 2-13,
308-23 3-15, or 4-12 that a minor under 18 years of age is abused,
309-24 neglected, or dependent, or requires authoritative
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263+1 12.1 of the Adoption Act and whose paternity has not been ruled
264+2 out under the law of this or another jurisdiction. It does not
265+3 include a parent whose rights in respect to the minor have been
266+4 terminated in any manner provided by law. It does not include a
267+5 person who has been or could be determined to be a parent under
268+6 the Illinois Parentage Act of 1984 or the Illinois Parentage
269+7 Act of 2015, or similar parentage law in any other state, if
270+8 that person has been convicted of or pled nolo contendere to a
271+9 crime that resulted in the conception of the child under
272+10 Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
273+11 12-14.1, subsection (a) or (b) (but not subsection (c)) of
274+12 Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
275+13 (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
276+14 Criminal Code of 1961 or the Criminal Code of 2012, or similar
277+15 statute in another jurisdiction unless upon motion of any
278+16 party, other than the offender, to the juvenile court
279+17 proceedings the court finds it is in the child's best interest
280+18 to deem the offender a parent for purposes of the juvenile
281+19 court proceedings.
282+20 (11.1) "Permanency goal" means a goal set by the court as
283+21 defined in subdivision (2) of Section 2-28.
284+22 (11.2) "Permanency hearing" means a hearing to set the
285+23 permanency goal and to review and determine (i) the
286+24 appropriateness of the services contained in the plan and
287+25 whether those services have been provided, (ii) whether
288+26 reasonable efforts have been made by all the parties to the
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320-1 intervention, or addicted, respectively, are supported by a
321-2 preponderance of the evidence or whether the allegations of a
322-3 petition under Section 5-520 that a minor is delinquent are
323-4 proved beyond a reasonable doubt.
324-5 (2) "Adult" means a person 21 years of age or older.
325-6 (3) "Agency" means a public or private child care facility
326-7 legally authorized or licensed by this State for placement or
327-8 institutional care or for both placement and institutional
328-9 care.
329-10 (4) "Association" means any organization, public or
330-11 private, engaged in welfare functions which include services
331-12 to or on behalf of children but does not include "agency" as
332-13 herein defined.
333-14 (4.05) Whenever a "best interest" determination is
334-15 required, the following factors shall be considered in the
335-16 context of the child's age and developmental needs:
336-17 (a) the physical safety and welfare of the child,
337-18 including food, shelter, health, and clothing;
338-19 (b) the development of the child's identity;
339-20 (c) the child's background and ties, including
340-21 familial, cultural, and religious;
341-22 (d) the child's sense of attachments, including:
342-23 (i) where the child actually feels love,
343-24 attachment, and a sense of being valued (as opposed to
344-25 where adults believe the child should feel such love,
345-26 attachment, and a sense of being valued);
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299+1 service plan to achieve the goal, and (iii) whether the plan
300+2 and goal have been achieved.
301+3 (12) "Petition" means the petition provided for in Section
302+4 2-13, 3-15, 4-12, or 5-520, including any supplemental
303+5 petitions thereunder in Section 3-15, 4-12, or 5-520.
304+6 (12.1) "Physically capable adult relative" means a person
305+7 21 years of age or older who does not have a severe physical
306+8 disability or medical condition, or is not suffering from
307+9 alcoholism or drug addiction, that prevents the person from
308+10 providing the care necessary to safeguard the physical safety
309+11 and welfare of a minor who is left in that person's care by the
310+12 parent or parents or other person responsible for the minor's
311+13 welfare.
312+14 (12.2) "Post Permanency Sibling Contact Agreement" has the
313+15 meaning ascribed to the term in Section 7.4 of the Children and
314+16 Family Services Act.
315+17 (12.3) "Residential treatment center" means a licensed
316+18 setting that provides 24-hour care to children in a group home
317+19 or institution, including a facility licensed as a child care
318+20 institution under Section 2.06 of the Child Care Act of 1969, a
319+21 licensed group home under Section 2.16 of the Child Care Act of
320+22 1969, a qualified residential treatment program under Section
321+23 2.35 of the Child Care Act of 1969, a secure child care
322+24 facility as defined in paragraph (18) of this Section, or any
323+25 similar facility in another state. "Residential treatment
324+26 center" does not include a relative foster home or a licensed
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356-1 (ii) the child's sense of security;
357-2 (iii) the child's sense of familiarity;
358-3 (iv) continuity of affection for the child;
359-4 (v) the least disruptive placement alternative for
360-5 the child;
361-6 (e) the child's wishes and long-term goals, including
362-7 the child's wishes regarding available permanency options
363-8 and the child's wishes regarding maintaining connections
364-9 with parents, siblings, and other relatives;
365-10 (f) the child's community ties, including church,
366-11 school, and friends;
367-12 (g) the child's need for permanence which includes the
368-13 child's need for stability and continuity of relationships
369-14 with parent figures, siblings, and other relatives;
370-15 (h) the uniqueness of every family and child;
371-16 (i) the risks attendant to entering and being in
372-17 substitute care; and
373-18 (j) the preferences of the persons available to care
374-19 for the child, including willingness to provide permanency
375-20 to the child, either through subsidized guardianship or
376-21 through adoption.
377-22 (4.08) "Caregiver" includes a foster parent. Beginning
378-23 July 1, 2025, "caregiver" includes a foster parent as defined
379-24 in Section 2.17 of the Child Care Act of 1969, certified
380-25 relative caregiver, as defined in Section 2.36 of the Child
381-26 Care Act of 1969, and relative caregiver as defined in Section
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335+1 foster family home.
336+2 (13) "Residual parental rights and responsibilities" means
337+3 those rights and responsibilities remaining with the parent
338+4 after the transfer of legal custody or guardianship of the
339+5 person, including, but not necessarily limited to, the right
340+6 to reasonable visitation (which may be limited by the court in
341+7 the best interests of the minor as provided in subsection
342+8 (8)(b) of this Section), the right to consent to adoption, the
343+9 right to determine the minor's religious affiliation, and the
344+10 responsibility for the minor's support.
345+11 (14) "Shelter" means the temporary care of a minor in
346+12 physically unrestricting facilities pending court disposition
347+13 or execution of court order for placement.
348+14 (14.05) "Shelter placement" means a temporary or emergency
349+15 placement for a minor, including an emergency foster home
350+16 placement.
351+17 (14.1) "Sibling Contact Support Plan" has the meaning
352+18 ascribed to the term in Section 7.4 of the Children and Family
353+19 Services Act.
354+20 (14.2) "Significant event report" means a written document
355+21 describing an occurrence or event beyond the customary
356+22 operations, routines, or relationships in the Department of
357+23 Children of Family Services, a child care facility, or other
358+24 entity that is licensed or regulated by the Department of
359+25 Children of Family Services or that provides services for the
360+26 Department of Children of Family Services under a grant,
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392-1 4d of the Children and Family Services Act.
393-2 (4.1) "Chronic truant" shall have the definition ascribed
394-3 to it in Section 26-2a of the School Code.
395-4 (5) "Court" means the circuit court in a session or
396-5 division assigned to hear proceedings under this Act.
397-6 (6) "Dispositional hearing" means a hearing to determine
398-7 whether a minor should be adjudged to be a ward of the court,
399-8 and to determine what order of disposition should be made in
400-9 respect to a minor adjudged to be a ward of the court.
401-10 (6.5) "Dissemination" or "disseminate" means to publish,
402-11 produce, print, manufacture, distribute, sell, lease, exhibit,
403-12 broadcast, display, transmit, or otherwise share information
404-13 in any format so as to make the information accessible to
405-14 others.
406-15 (6.6) "Domestic violence" has the meaning ascribed to it
407-16 in paragraphs (1) and (3) of Section 103 of the Illinois
408-17 Domestic Violence Act of 1986 and includes a violation of
409-18 Section 12-4.4a of the Criminal Code of 2012.
410-19 (7) "Emancipated minor" means any minor 16 years of age or
411-20 over who has been completely or partially emancipated under
412-21 the Emancipation of Minors Act or under this Act.
413-22 (7.03) "Expunge" means to physically destroy the records
414-23 and to obliterate the minor's name from any official index,
415-24 public record, or electronic database.
416-25 (7.05) "Foster parent" includes a relative caregiver
417-26 selected by the Department of Children and Family Services to
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371+1 contract, or purchase of service agreement; involving children
372+2 or youth, employees, foster parents, or relative caregivers;
373+3 allegations of abuse or neglect or any other incident raising
374+4 a concern about the well-being of a minor under the
375+5 jurisdiction of the court under Article II of the Juvenile
376+6 Court Act of 1987; incidents involving damage to property,
377+7 allegations of criminal activity, misconduct, or other
378+8 occurrences affecting the operations of the Department of
379+9 Children of Family Services or a child care facility; any
380+10 incident that could have media impact; and unusual incidents
381+11 as defined by Department of Children and Family Services rule.
382+12 (15) "Station adjustment" means the informal handling of
383+13 an alleged offender by a juvenile police officer.
384+14 (16) "Ward of the court" means a minor who is so adjudged
385+15 under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
386+16 the requisite jurisdictional facts, and thus is subject to the
387+17 dispositional powers of the court under this Act.
388+18 (17) "Juvenile police officer" means a sworn police
389+19 officer who has completed a Basic Recruit Training Course, has
390+20 been assigned to the position of juvenile police officer by
391+21 the officer's chief law enforcement officer and has completed
392+22 the necessary juvenile officers training as prescribed by the
393+23 Illinois Law Enforcement Training Standards Board, or in the
394+24 case of a State police officer, juvenile officer training
395+25 approved by the Director of the Illinois State Police.
396+26 (18) "Secure child care facility" means any child care
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428-1 provide care for the minor.
429-2 (8) "Guardianship of the person" of a minor means the duty
430-3 and authority to act in the best interests of the minor,
431-4 subject to residual parental rights and responsibilities, to
432-5 make important decisions in matters having a permanent effect
433-6 on the life and development of the minor and to be concerned
434-7 with the minor's general welfare. It includes but is not
435-8 necessarily limited to:
436-9 (a) the authority to consent to marriage, to
437-10 enlistment in the armed forces of the United States, or to
438-11 a major medical, psychiatric, and surgical treatment; to
439-12 represent the minor in legal actions; and to make other
440-13 decisions of substantial legal significance concerning the
441-14 minor;
442-15 (b) the authority and duty of reasonable visitation,
443-16 except to the extent that these have been limited in the
444-17 best interests of the minor by court order;
445-18 (c) the rights and responsibilities of legal custody
446-19 except where legal custody has been vested in another
447-20 person or agency; and
448-21 (d) the power to consent to the adoption of the minor,
449-22 but only if expressly conferred on the guardian in
450-23 accordance with Section 2-29, 3-30, or 4-27.
451-24 (8.1) "Juvenile court record" includes, but is not limited
452-25 to:
453-26 (a) all documents filed in or maintained by the
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407+1 facility licensed by the Department of Children and Family
408+2 Services to provide secure living arrangements for children
409+3 under 18 years of age who are subject to placement in
410+4 facilities under the Children and Family Services Act and who
411+5 are not subject to placement in facilities for whom standards
412+6 are established by the Department of Corrections under Section
413+7 3-15-2 of the Unified Code of Corrections. "Secure child care
414+8 facility" also means a facility that is designed and operated
415+9 to ensure that all entrances and exits from the facility, a
416+10 building, or a distinct part of the building are under the
417+11 exclusive control of the staff of the facility, whether or not
418+12 the child has the freedom of movement within the perimeter of
419+13 the facility, building, or distinct part of the building.
420+14 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
421+15 103-564, eff. 11-17-23.)
422+16 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
423+17 Sec. 2-3. Neglected or abused minor.
424+18 (1) Those who are neglected include any minor under 18
425+19 years of age or a minor 18 years of age or older for whom the
426+20 court has made a finding of probable cause to believe that the
427+21 minor is abused, neglected, or dependent under subsection (1)
428+22 of Section 2-10 prior to the minor's 18th birthday:
429+23 (a) who is not receiving the proper or necessary
430+24 support, education as required by law, or medical or other
431+25 remedial care recognized under State law as necessary for
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464-1 juvenile court pertaining to a specific incident,
465-2 proceeding, or individual;
466-3 (b) all documents relating to a specific incident,
467-4 proceeding, or individual made available to or maintained
468-5 by probation officers;
469-6 (c) all documents, video or audio tapes, photographs,
470-7 and exhibits admitted into evidence at juvenile court
471-8 hearings; or
472-9 (d) all documents, transcripts, records, reports, or
473-10 other evidence prepared by, maintained by, or released by
474-11 any municipal, county, or State agency or department, in
475-12 any format, if indicating involvement with the juvenile
476-13 court relating to a specific incident, proceeding, or
477-14 individual.
478-15 (8.2) "Juvenile law enforcement record" includes records
479-16 of arrest, station adjustments, fingerprints, probation
480-17 adjustments, the issuance of a notice to appear, or any other
481-18 records or documents maintained by any law enforcement agency
482-19 relating to a minor suspected of committing an offense, and
483-20 records maintained by a law enforcement agency that identifies
484-21 a juvenile as a suspect in committing an offense, but does not
485-22 include records identifying a juvenile as a victim, witness,
486-23 or missing juvenile and any records created, maintained, or
487-24 used for purposes of referral to programs relating to
488-25 diversion as defined in subsection (6) of Section 5-105.
489-26 (9) "Legal custody" means the relationship created by an
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442+1 a minor's well-being, or other care necessary for the
443+2 minor's well-being, including adequate food, clothing, and
444+3 shelter, or who is abandoned by the minor's parent or
445+4 parents or other person or persons responsible for the
446+5 minor's welfare, except that a minor shall not be
447+6 considered neglected for the sole reason that the minor's
448+7 parent or parents or other person or persons responsible
449+8 for the minor's welfare have left the minor in the care of
450+9 an adult relative for any period of time, who the parent or
451+10 parents or other person responsible for the minor's
452+11 welfare know is both a mentally capable adult relative and
453+12 physically capable adult relative, as defined by this Act;
454+13 or
455+14 (b) whose environment is injurious to the minor's
456+15 welfare. An environment is injurious if conditions in the
457+16 child's environment create a real, significant and
458+17 imminent likelihood of harm to the child's health,
459+18 well-being, or welfare and the parent or caretaker
460+19 blatantly disregarded his or her parental responsibility
461+20 to prevent or mitigate such harm consistent with the
462+21 health, safety, and best interests of the minor to remain
463+22 in the custody of a parent, guardian, or custodian who
464+23 experienced domestic violence unless the court determines
465+24 the parent, guardian, or custodian who experienced
466+25 domestic violence has committed acts or omissions
467+26 unrelated to domestic violence against that parent,
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500-1 order of court in the best interests of the minor which imposes
501-2 on the custodian the responsibility of physical possession of
502-3 a minor and the duty to protect, train and discipline the minor
503-4 and to provide the minor with food, shelter, education, and
504-5 ordinary medical care, except as these are limited by residual
505-6 parental rights and responsibilities and the rights and
506-7 responsibilities of the guardian of the person, if any.
507-8 (9.1) "Mentally capable adult relative" means a person 21
508-9 years of age or older who is not suffering from a mental
509-10 illness that prevents the person from providing the care
510-11 necessary to safeguard the physical safety and welfare of a
511-12 minor who is left in that person's care by the parent or
512-13 parents or other person responsible for the minor's welfare.
513-14 (10) "Minor" means a person under the age of 21 years
514-15 subject to this Act.
515-16 (11) "Parent" means a father or mother of a child and
516-17 includes any adoptive parent. It also includes a person (i)
517-18 whose parentage is presumed or has been established under the
518-19 law of this or another jurisdiction or (ii) who has registered
519-20 with the Putative Father Registry in accordance with Section
520-21 12.1 of the Adoption Act and whose paternity has not been ruled
521-22 out under the law of this or another jurisdiction. It does not
522-23 include a parent whose rights in respect to the minor have been
523-24 terminated in any manner provided by law. It does not include a
524-25 person who has been or could be determined to be a parent under
525-26 the Illinois Parentage Act of 1984 or the Illinois Parentage
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478+1 guardian, or custodian resulting in a determination of
479+2 abuse or neglect under this Act; or
480+3 (c) who is a newborn infant whose blood, urine, or
481+4 meconium contains any amount of a controlled substance as
482+5 defined in subsection (f) of Section 102 of the Illinois
483+6 Controlled Substances Act or a metabolite of a controlled
484+7 substance, with the exception of controlled substances or
485+8 metabolites of such substances, the presence of which in
486+9 the newborn infant is the result of medical treatment
487+10 administered to the person who gave birth or the newborn
488+11 infant; or
489+12 (d) whose parent or other person responsible for the
490+13 minor's welfare leaves the minor without supervision for
491+14 an unreasonable period of time without regard for the
492+15 mental or physical health, safety, or welfare of that
493+16 minor. Whether the minor was left without regard for the
494+17 mental or physical health, safety, or welfare of that
495+18 minor or the period of time was unreasonable shall be
496+19 determined by considering factors including, but not
497+20 limited to, the following:
498+21 (1) the age of the minor;
499+22 (2) the number of minors left at the location;
500+23 (3) the special needs of the minor, including
501+24 whether the minor is a person with a physical or mental
502+25 disability or is otherwise in need of ongoing
503+26 prescribed medical treatment, such as periodic doses
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536-1 Act of 2015, or similar parentage law in any other state, if
537-2 that person has been convicted of or pled nolo contendere to a
538-3 crime that resulted in the conception of the child under
539-4 Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
540-5 12-14.1, subsection (a) or (b) (but not subsection (c)) of
541-6 Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
542-7 (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
543-8 Criminal Code of 1961 or the Criminal Code of 2012, or similar
544-9 statute in another jurisdiction unless upon motion of any
545-10 party, other than the offender, to the juvenile court
546-11 proceedings the court finds it is in the child's best interest
547-12 to deem the offender a parent for purposes of the juvenile
548-13 court proceedings.
549-14 (11.1) "Permanency goal" means a goal set by the court as
550-15 defined in subsection (2.3) of Section 2-28.
551-16 (11.2) "Permanency hearing" means a hearing to set the
552-17 permanency goal and to review and determine (i) the
553-18 appropriateness of the services contained in the plan and
554-19 whether those services have been provided, (ii) whether
555-20 reasonable efforts have been made by all the parties to the
556-21 service plan to achieve the goal, and (iii) whether the plan
557-22 and goal have been achieved.
558-23 (12) "Petition" means the petition provided for in Section
559-24 2-13, 3-15, 4-12, or 5-520, including any supplemental
560-25 petitions thereunder in Section 3-15, 4-12, or 5-520.
561-26 (12.1) "Physically capable adult relative" means a person
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514+1 of insulin or other medications;
515+2 (4) the duration of time in which the minor was
516+3 left without supervision;
517+4 (5) the condition and location of the place where
518+5 the minor was left without supervision;
519+6 (6) the time of day or night when the minor was
520+7 left without supervision;
521+8 (7) the weather conditions, including whether the
522+9 minor was left in a location with adequate protection
523+10 from the natural elements, such as adequate heat or
524+11 light;
525+12 (8) the location of the parent or guardian at the
526+13 time the minor was left without supervision and the
527+14 physical distance the minor was from the parent or
528+15 guardian at the time the minor was without
529+16 supervision;
530+17 (9) whether the minor's movement was restricted or
531+18 the minor was otherwise locked within a room or other
532+19 structure;
533+20 (10) whether the minor was given a phone number of
534+21 a person or location to call in the event of an
535+22 emergency and whether the minor was capable of making
536+23 an emergency call;
537+24 (11) whether there was food and other provision
538+25 left for the minor;
539+26 (12) whether any of the conduct is attributable to
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572-1 21 years of age or older who does not have a severe physical
573-2 disability or medical condition, or is not suffering from
574-3 alcoholism or drug addiction, that prevents the person from
575-4 providing the care necessary to safeguard the physical safety
576-5 and welfare of a minor who is left in that person's care by the
577-6 parent or parents or other person responsible for the minor's
578-7 welfare.
579-8 (12.2) "Post Permanency Sibling Contact Agreement" has the
580-9 meaning ascribed to the term in Section 7.4 of the Children and
581-10 Family Services Act.
582-11 (12.3) "Residential treatment center" means a licensed
583-12 setting that provides 24-hour care to children in a group home
584-13 or institution, including a facility licensed as a child care
585-14 institution under Section 2.06 of the Child Care Act of 1969, a
586-15 licensed group home under Section 2.16 of the Child Care Act of
587-16 1969, a qualified residential treatment program under Section
588-17 2.35 of the Child Care Act of 1969, a secure child care
589-18 facility as defined in paragraph (18) of this Section, or any
590-19 similar facility in another state. "Residential treatment
591-20 center" does not include a relative foster home or a licensed
592-21 foster family home.
593-22 (13) "Residual parental rights and responsibilities" means
594-23 those rights and responsibilities remaining with the parent
595-24 after the transfer of legal custody or guardianship of the
596-25 person, including, but not necessarily limited to, the right
597-26 to reasonable visitation (which may be limited by the court in
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550+1 economic hardship or illness and the parent, guardian,
551+2 or other person having physical custody or control of
552+3 the child made a good faith effort to provide for the
553+4 health and safety of the minor;
554+5 (13) the age and physical and mental capabilities
555+6 of the person or persons who provided supervision for
556+7 the minor;
557+8 (14) whether the minor was left under the
558+9 supervision of another person;
559+10 (15) any other factor that would endanger the
560+11 health and safety of that particular minor; or
561+12 (e) who has been provided with interim crisis
562+13 intervention services under Section 3-5 of this Act and
563+14 whose parent, guardian, or custodian refuses to permit the
564+15 minor to return home unless the minor is an immediate
565+16 physical danger to the minor or others living in the home.
566+17 A minor shall not be considered neglected for the sole
567+18 reason that the minor has been relinquished in accordance with
568+19 the Abandoned Newborn Infant Protection Act.
569+20 (1.5) A minor shall not be considered neglected for the
570+21 sole reason that the minor's parent or other person
571+22 responsible for the minor's welfare permits the minor to
572+23 engage in independent activities unless the minor was
573+24 permitted to engage in independent activities under
574+25 circumstances presenting unreasonable risk of harm to the
575+26 minor's mental or physical health, safety, or well-being.
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608-1 the best interests of the minor as provided in subsection
609-2 (8)(b) of this Section), the right to consent to adoption, the
610-3 right to determine the minor's religious affiliation, and the
611-4 responsibility for the minor's support.
612-5 (14) "Shelter" means the temporary care of a minor in
613-6 physically unrestricting facilities pending court disposition
614-7 or execution of court order for placement.
615-8 (14.05) "Shelter placement" means a temporary or emergency
616-9 placement for a minor, including an emergency foster home
617-10 placement.
618-11 (14.1) "Sibling Contact Support Plan" has the meaning
619-12 ascribed to the term in Section 7.4 of the Children and Family
620-13 Services Act.
621-14 (14.2) "Significant event report" means a written document
622-15 describing an occurrence or event beyond the customary
623-16 operations, routines, or relationships in the Department of
624-17 Children of Family Services, a child care facility, or other
625-18 entity that is licensed or regulated by the Department of
626-19 Children of Family Services or that provides services for the
627-20 Department of Children of Family Services under a grant,
628-21 contract, or purchase of service agreement; involving children
629-22 or youth, employees, foster parents, or relative caregivers;
630-23 allegations of abuse or neglect or any other incident raising
631-24 a concern about the well-being of a minor under the
632-25 jurisdiction of the court under Article II of the Juvenile
633-26 Court Act of 1987; incidents involving damage to property,
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586+1 "Independent activities" includes, but is not limited to:
587+2 (a) traveling to and from school, including by
588+3 walking, running, or bicycling;
589+4 (b) traveling to and from nearby commercial or
590+5 recreational facilities;
591+6 (c) engaging in outdoor play;
592+7 (d) remaining in a vehicle unattended, except as
593+8 otherwise provided by law;
594+9 (e) remaining at home or at a similarly appropriate
595+10 location unattended; or
596+11 (f) engaging in a similar independent activity alone
597+12 or with other children.
598+13 In determining whether an independent activity presented
599+14 unreasonable risk of harm, the court shall consider:
600+15 (1) whether the activity is accepted as suitable for
601+16 minors of the same age, maturity level, and developmental
602+17 capacity as the involved minor;
603+18 (2) the factors listed in items (1) through (15) of
604+19 paragraph (d) of subsection (1); and
605+20 (3) any other factor the court deems relevant.
606+21 (2) Those who are abused include any minor under 18 years
607+22 of age or a minor 18 years of age or older for whom the court
608+23 has made a finding of probable cause to believe that the minor
609+24 is abused, neglected, or dependent under subsection (1) of
610+25 Section 2-10 prior to the minor's 18th birthday whose parent
611+26 or immediate family member, or any person responsible for the
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644-1 allegations of criminal activity, misconduct, or other
645-2 occurrences affecting the operations of the Department of
646-3 Children of Family Services or a child care facility; any
647-4 incident that could have media impact; and unusual incidents
648-5 as defined by Department of Children and Family Services rule.
649-6 (15) "Station adjustment" means the informal handling of
650-7 an alleged offender by a juvenile police officer.
651-8 (16) "Ward of the court" means a minor who is so adjudged
652-9 under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
653-10 the requisite jurisdictional facts, and thus is subject to the
654-11 dispositional powers of the court under this Act.
655-12 (17) "Juvenile police officer" means a sworn police
656-13 officer who has completed a Basic Recruit Training Course, has
657-14 been assigned to the position of juvenile police officer by
658-15 the officer's chief law enforcement officer and has completed
659-16 the necessary juvenile officers training as prescribed by the
660-17 Illinois Law Enforcement Training Standards Board, or in the
661-18 case of a State police officer, juvenile officer training
662-19 approved by the Director of the Illinois State Police.
663-20 (18) "Secure child care facility" means any child care
664-21 facility licensed by the Department of Children and Family
665-22 Services to provide secure living arrangements for children
666-23 under 18 years of age who are subject to placement in
667-24 facilities under the Children and Family Services Act and who
668-25 are not subject to placement in facilities for whom standards
669-26 are established by the Department of Corrections under Section
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622+1 minor's welfare, or any person who is in the same family or
623+2 household as the minor, or any individual residing in the same
624+3 home as the minor, or a paramour of the minor's parent:
625+4 (i) inflicts, causes to be inflicted, or allows to be
626+5 inflicted upon such minor physical injury, by other than
627+6 accidental means, which causes death, disfigurement,
628+7 impairment of physical or emotional health, or loss or
629+8 impairment of any bodily function;
630+9 (ii) creates a substantial risk of physical injury to
631+10 such minor by other than accidental means which would be
632+11 likely to cause death, disfigurement, impairment of
633+12 emotional health, or loss or impairment of any bodily
634+13 function;
635+14 (iii) commits or allows to be committed any sex
636+15 offense against such minor, as such sex offenses are
637+16 defined in the Criminal Code of 1961 or the Criminal Code
638+17 of 2012, or in the Wrongs to Children Act, and extending
639+18 those definitions of sex offenses to include minors under
640+19 18 years of age;
641+20 (iv) commits or allows to be committed an act or acts
642+21 of torture upon such minor;
643+22 (v) inflicts excessive corporal punishment;
644+23 (vi) commits or allows to be committed the offense of
645+24 involuntary servitude, involuntary sexual servitude of a
646+25 minor, or trafficking in persons as defined in Section
647+26 10-9 of the Criminal Code of 1961 or the Criminal Code of
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680-1 3-15-2 of the Unified Code of Corrections. "Secure child care
681-2 facility" also means a facility that is designed and operated
682-3 to ensure that all entrances and exits from the facility, a
683-4 building, or a distinct part of the building are under the
684-5 exclusive control of the staff of the facility, whether or not
685-6 the child has the freedom of movement within the perimeter of
686-7 the facility, building, or distinct part of the building.
687-8 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
688-9 103-564, eff. 11-17-23; 103-1061, eff. 2-5-25.)
689-10 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
690-11 Sec. 2-3. Neglected or abused minor.
691-12 (1) Those who are neglected include any minor under 18
692-13 years of age or a minor 18 years of age or older for whom the
693-14 court has made a finding of probable cause to believe that the
694-15 minor is abused, neglected, or dependent under subsection (1)
695-16 of Section 2-10 prior to the minor's 18th birthday:
696-17 (a) who, due to the blatant disregard of the minor's
697-18 parent or other person responsible for the minor's
698-19 welfare, or agency responsibilities, is not receiving the
699-20 proper or necessary support, education as required by law,
700-21 or medical or other remedial care recognized under State
701-22 law as necessary for a minor's well-being, or other care
702-23 necessary for the minor's well-being, including adequate
703-24 food, clothing, and shelter, or who is abandoned by the
704-25 minor's parent or parents or other person or persons
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658+1 2012, upon such minor; or
659+2 (vii) allows, encourages, or requires a minor to
660+3 commit any act of prostitution, as defined in the Criminal
661+4 Code of 1961 or the Criminal Code of 2012, and extending
662+5 those definitions to include minors under 18 years of age.
663+6 A minor shall not be considered abused for the sole reason
664+7 that the minor has been relinquished in accordance with the
665+8 Abandoned Newborn Infant Protection Act.
666+9 (3) This Section does not apply to a minor who would be
667+10 included herein solely for the purpose of qualifying for
668+11 financial assistance for the minor or the minor's parents,
669+12 guardian, or custodian.
670+13 (4) The changes made by Public Act 101-79 apply to a case
671+14 that is pending on or after July 12, 2019 (the effective date
672+15 of Public Act 101-79).
673+16 (Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23;
674+17 103-605, eff. 7-1-24.)
675+18 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
676+19 Sec. 2-10. Temporary custody hearing. At the appearance of
677+20 the minor before the court at the temporary custody hearing,
678+21 all witnesses present shall be examined before the court in
679+22 relation to any matter connected with the allegations made in
680+23 the petition.
681+24 (1) If the court finds that there is not probable cause to
682+25 believe that the minor is abused, neglected, or dependent it
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715-1 responsible for the minor's welfare, except that a minor
716-2 shall not be considered neglected for the sole reason that
717-3 the minor's parent or parents or other person or persons
718-4 responsible for the minor's welfare have left the minor in
719-5 the care of an adult relative for any period of time, who
720-6 the parent or parents or other person responsible for the
721-7 minor's welfare know is both a mentally capable adult
722-8 relative and physically capable adult relative, as defined
723-9 by this Act; or
724-10 (b) whose environment is injurious to the minor's
725-11 welfare. An environment is injurious if conditions in the
726-12 minor's environment create a real, significant and
727-13 imminent likelihood of serious harm to the minor's health,
728-14 physical well-being, or welfare and the parent or
729-15 caretaker blatantly disregarded his or her parental
730-16 responsibility to prevent or mitigate such harm as defined
731-17 in Section 3 of the Abused and Neglected Child Reporting
732-18 Act; or
733-19 (c) who is a newborn infant whose blood, urine, or
734-20 meconium contains any amount of a controlled substance as
735-21 defined in subsection (f) of Section 102 of the Illinois
736-22 Controlled Substances Act or a metabolite of a controlled
737-23 substance, with the exception of controlled substances or
738-24 metabolites of such substances, the presence of which in
739-25 the newborn infant is the result of medical treatment
740-26 administered to the person who gave birth or the newborn
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693+1 shall release the minor and dismiss the petition.
694+2 (2) If the court finds that there is probable cause to
695+3 believe that the minor is abused, neglected, or dependent, the
696+4 court shall state in writing the factual basis supporting its
697+5 finding and the minor, the minor's parent, guardian, or
698+6 custodian, and other persons able to give relevant testimony
699+7 shall be examined before the court. The Department of Children
700+8 and Family Services shall give testimony concerning indicated
701+9 reports of abuse and neglect, of which they are aware through
702+10 the central registry, involving the minor's parent, guardian,
703+11 or custodian. After such testimony, the court may, consistent
704+12 with the health, safety, and best interests of the minor,
705+13 enter an order that the minor shall be released upon the
706+14 request of parent, guardian, or custodian if the parent,
707+15 guardian, or custodian appears to take custody. It shall be
708+16 presumed to be consistent with the health, safety, and best
709+17 interest of the minor to be released to a parent, guardian, or
710+18 custodian who experienced domestic violence unless the court
711+19 has determined that this parent, guardian, or custodian who
712+20 experienced domestic violence has committed acts or omissions
713+21 unrelated to incidents of domestic violence against the
714+22 parent, guardian, or custodian that is sufficient to
715+23 independently support a determination of abuse or neglect
716+24 under this Act. If it is determined that a parent's,
717+25 guardian's, or custodian's compliance with critical services
718+26 mitigates the necessity for removal of the minor from the
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751-1 infant; or
752-2 (d) whose parent or other person responsible for the
753-3 minor's welfare leaves the minor without supervision for
754-4 an unreasonable period of time without regard for the
755-5 mental or physical health, safety, or welfare of that
756-6 minor. Whether the minor was left without regard for the
757-7 mental or physical health, safety, or welfare of that
758-8 minor or the period of time was unreasonable shall be
759-9 determined by considering factors including, but not
760-10 limited to, the following:
761-11 (1) the age of the minor;
762-12 (2) the number of minors left at the location;
763-13 (3) the special needs of the minor, including
764-14 whether the minor is a person with a physical or mental
765-15 disability or is otherwise in need of ongoing
766-16 prescribed medical treatment, such as periodic doses
767-17 of insulin or other medications;
768-18 (4) the duration of time in which the minor was
769-19 left without supervision;
770-20 (5) the condition and location of the place where
771-21 the minor was left without supervision;
772-22 (6) the time of day or night when the minor was
773-23 left without supervision;
774-24 (7) the weather conditions, including whether the
775-25 minor was left in a location with adequate protection
776-26 from the natural elements, such as adequate heat or
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729+1 minor's home, the court may enter an Order of Protection
730+2 setting forth reasonable conditions of behavior that a parent,
731+3 guardian, or custodian must observe for a specified period of
732+4 time, not to exceed 12 months, without a violation; provided,
733+5 however, that the 12-month period shall begin anew after any
734+6 violation. "Custodian" includes the Department of Children and
735+7 Family Services, if it has been given custody of the child, or
736+8 any other agency of the State which has been given custody or
737+9 wardship of the child. If it is consistent with the health,
738+10 safety, and best interests of the minor, the court may also
739+11 prescribe shelter care and order that the minor be kept in a
740+12 suitable place designated by the court or in a shelter care
741+13 facility designated by the Department of Children and Family
742+14 Services or a licensed child welfare agency; however, on and
743+15 after January 1, 2015 (the effective date of Public Act
744+16 98-803) and before January 1, 2017, a minor charged with a
745+17 criminal offense under the Criminal Code of 1961 or the
746+18 Criminal Code of 2012 or adjudicated delinquent shall not be
747+19 placed in the custody of or committed to the Department of
748+20 Children and Family Services by any court, except a minor less
749+21 than 16 years of age and committed to the Department of
750+22 Children and Family Services under Section 5-710 of this Act
751+23 or a minor for whom an independent basis of abuse, neglect, or
752+24 dependency exists; and on and after January 1, 2017, a minor
753+25 charged with a criminal offense under the Criminal Code of
754+26 1961 or the Criminal Code of 2012 or adjudicated delinquent
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787-1 light;
788-2 (8) the location of the parent or guardian at the
789-3 time the minor was left without supervision and the
790-4 physical distance the minor was from the parent or
791-5 guardian at the time the minor was without
792-6 supervision;
793-7 (9) whether the minor's movement was restricted or
794-8 the minor was otherwise locked within a room or other
795-9 structure;
796-10 (10) whether the minor was given a phone number of
797-11 a person or location to call in the event of an
798-12 emergency and whether the minor was capable of making
799-13 an emergency call;
800-14 (11) whether there was food and other provision
801-15 left for the minor;
802-16 (12) whether any of the conduct is attributable to
803-17 economic hardship or illness and the parent, guardian,
804-18 or other person having physical custody or control of
805-19 the child made a good faith effort to provide for the
806-20 health and safety of the minor;
807-21 (13) the age and physical and mental capabilities
808-22 of the person or persons who provided supervision for
809-23 the minor;
810-24 (14) whether the minor was left under the
811-25 supervision of another person;
812-26 (15) any other factor that would endanger the
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765+1 shall not be placed in the custody of or committed to the
766+2 Department of Children and Family Services by any court,
767+3 except a minor less than 15 years of age and committed to the
768+4 Department of Children and Family Services under Section 5-710
769+5 of this Act or a minor for whom an independent basis of abuse,
770+6 neglect, or dependency exists. An independent basis exists
771+7 when the allegations or adjudication of abuse, neglect, or
772+8 dependency do not arise from the same facts, incident, or
773+9 circumstances which give rise to a charge or adjudication of
774+10 delinquency.
775+11 In placing the minor, the Department or other agency
776+12 shall, to the extent compatible with the court's order, comply
777+13 with Section 7 of the Children and Family Services Act. In
778+14 determining the health, safety, and best interests of the
779+15 minor to prescribe shelter care, the court must find that it is
780+16 a matter of immediate and urgent necessity for the safety, and
781+17 protection of the minor or of the person or property of another
782+18 that the minor be placed in a shelter care facility or that the
783+19 minor is likely to flee the jurisdiction of the court, and must
784+20 further find that reasonable efforts have been made or that,
785+21 consistent with the health, safety and best interests of the
786+22 minor, no efforts reasonably can be made to prevent or
787+23 eliminate the necessity of removal of the minor from the
788+24 minor's home. The court shall require documentation from the
789+25 Department of Children and Family Services as to the
790+26 reasonable efforts that were made to prevent or eliminate the
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823-1 health and safety of that particular minor; or
824-2 (e) who has been provided with interim crisis
825-3 intervention services under Section 3-5 of this Act and
826-4 whose parent, guardian, or custodian refuses to permit the
827-5 minor to return home unless the minor is an immediate
828-6 physical danger to the minor or others living in the home.
829-7 A minor shall not be considered neglected for the sole
830-8 reason that the minor has been relinquished in accordance with
831-9 the Abandoned Newborn Infant Protection Act.
832-10 (1.5) A minor shall not be considered neglected for the
833-11 sole reason that the minor's parent or other person
834-12 responsible for the minor's welfare permits the minor to
835-13 engage in independent activities unless the minor was
836-14 permitted to engage in independent activities under
837-15 circumstances presenting unreasonable risk of harm to the
838-16 minor's mental or physical health, safety, or well-being.
839-17 "Independent activities" includes, but is not limited to:
840-18 (a) traveling to and from school, including by
841-19 walking, running, or bicycling;
842-20 (b) traveling to and from nearby commercial or
843-21 recreational facilities;
844-22 (c) engaging in outdoor play;
845-23 (d) remaining in a vehicle unattended, except as
846-24 otherwise provided by law;
847-25 (e) remaining at home or at a similarly appropriate
848-26 location unattended; or
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801+1 necessity of removal of the minor from the minor's home or the
802+2 reasons why no efforts reasonably could be made to prevent or
803+3 eliminate the necessity of removal. When a minor is placed in
804+4 the home of a relative, the Department of Children and Family
805+5 Services shall complete a preliminary background review of the
806+6 members of the minor's custodian's household in accordance
807+7 with Section 4.3 of the Child Care Act of 1969 within 90 days
808+8 of that placement. If the minor is ordered placed in a shelter
809+9 care facility of the Department of Children and Family
810+10 Services or a licensed child welfare agency, the court shall,
811+11 upon request of the appropriate Department or other agency,
812+12 appoint the Department of Children and Family Services
813+13 Guardianship Administrator or other appropriate agency
814+14 executive temporary custodian of the minor and the court may
815+15 enter such other orders related to the temporary custody as it
816+16 deems fit and proper, including the provision of services to
817+17 the minor or the minor's family to ameliorate the causes
818+18 contributing to the finding of probable cause or to the
819+19 finding of the existence of immediate and urgent necessity.
820+20 Where the Department of Children and Family Services
821+21 Guardianship Administrator is appointed as the executive
822+22 temporary custodian, the Department of Children and Family
823+23 Services shall file with the court and serve on the parties a
824+24 parent-child visiting plan, within 10 days, excluding weekends
825+25 and holidays, after the appointment. The parent-child visiting
826+26 plan shall set out the time and place of visits, the frequency
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859-1 (f) engaging in a similar independent activity alone
860-2 or with other children.
861-3 In determining whether an independent activity presented
862-4 unreasonable risk of harm, the court shall consider:
863-5 (1) whether the activity is accepted as suitable for
864-6 minors of the same age, maturity level, and developmental
865-7 capacity as the involved minor;
866-8 (2) the factors listed in items (1) through (15) of
867-9 paragraph (d) of subsection (1); and
868-10 (3) any other factor the court deems relevant.
869-11 (2) Those who are abused include any minor under 18 years
870-12 of age or a minor 18 years of age or older for whom the court
871-13 has made a finding of probable cause to believe that the minor
872-14 is abused, neglected, or dependent under subsection (1) of
873-15 Section 2-10 prior to the minor's 18th birthday whose parent
874-16 or immediate family member, or any person responsible for the
875-17 minor's welfare, or any person who is in the same family or
876-18 household as the minor, or any individual residing in the same
877-19 home as the minor, or a paramour of the minor's parent:
878-20 (i) inflicts, causes to be inflicted, or allows to be
879-21 inflicted upon such minor physical injury, by other than
880-22 accidental means, which causes death, disfigurement,
881-23 impairment of physical or emotional health, or loss or
882-24 impairment of any bodily function;
883-25 (ii) creates a substantial risk of physical injury to
884-26 such minor by other than accidental means which would be
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837+1 of visits, the length of visits, who shall be present at the
838+2 visits, and where appropriate, the minor's opportunities to
839+3 have telephone and mail communication with the parents.
840+4 Where the Department of Children and Family Services
841+5 Guardianship Administrator is appointed as the executive
842+6 temporary custodian, and when the child has siblings in care,
843+7 the Department of Children and Family Services shall file with
844+8 the court and serve on the parties a sibling placement and
845+9 contact plan within 10 days, excluding weekends and holidays,
846+10 after the appointment. The sibling placement and contact plan
847+11 shall set forth whether the siblings are placed together, and
848+12 if they are not placed together, what, if any, efforts are
849+13 being made to place them together. If the Department has
850+14 determined that it is not in a child's best interest to be
851+15 placed with a sibling, the Department shall document in the
852+16 sibling placement and contact plan the basis for its
853+17 determination. For siblings placed separately, the sibling
854+18 placement and contact plan shall set the time and place for
855+19 visits, the frequency of the visits, the length of visits, who
856+20 shall be present for the visits, and where appropriate, the
857+21 child's opportunities to have contact with their siblings in
858+22 addition to in person contact. If the Department determines it
859+23 is not in the best interest of a sibling to have contact with a
860+24 sibling, the Department shall document in the sibling
861+25 placement and contact plan the basis for its determination.
862+26 The sibling placement and contact plan shall specify a date
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895-1 likely to cause death, disfigurement, impairment of
896-2 emotional health, or loss or impairment of any bodily
897-3 function;
898-4 (iii) commits or allows to be committed any sex
899-5 offense against such minor, as such sex offenses are
900-6 defined in the Criminal Code of 1961 or the Criminal Code
901-7 of 2012, or in the Wrongs to Children Act, and extending
902-8 those definitions of sex offenses to include minors under
903-9 18 years of age;
904-10 (iv) commits or allows to be committed an act or acts
905-11 of torture upon such minor;
906-12 (v) inflicts excessive corporal punishment;
907-13 (vi) commits or allows to be committed the offense of
908-14 involuntary servitude, involuntary sexual servitude of a
909-15 minor, or trafficking in persons as defined in Section
910-16 10-9 of the Criminal Code of 1961 or the Criminal Code of
911-17 2012, upon such minor; or
912-18 (vii) allows, encourages, or requires a minor to
913-19 commit any act of prostitution, as defined in the Criminal
914-20 Code of 1961 or the Criminal Code of 2012, and extending
915-21 those definitions to include minors under 18 years of age.
916-22 A minor shall not be considered abused for the sole reason
917-23 that the minor has been relinquished in accordance with the
918-24 Abandoned Newborn Infant Protection Act.
919-25 (3) This Section does not apply to a minor who would be
920-26 included herein solely for the purpose of qualifying for
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873+1 for development of the Sibling Contact Support Plan, under
874+2 subsection (f) of Section 7.4 of the Children and Family
875+3 Services Act, and shall remain in effect until the Sibling
876+4 Contact Support Plan is developed.
877+5 For good cause, the court may waive the requirement to
878+6 file the parent-child visiting plan or the sibling placement
879+7 and contact plan, or extend the time for filing either plan.
880+8 Any party may, by motion, request the court to review the
881+9 parent-child visiting plan to determine whether it is
882+10 reasonably calculated to expeditiously facilitate the
883+11 achievement of the permanency goal. A party may, by motion,
884+12 request the court to review the parent-child visiting plan or
885+13 the sibling placement and contact plan to determine whether it
886+14 is consistent with the minor's best interest. The court may
887+15 refer the parties to mediation where available. The frequency,
888+16 duration, and locations of visitation shall be measured by the
889+17 needs of the child and family, and not by the convenience of
890+18 Department personnel. Child development principles shall be
891+19 considered by the court in its analysis of how frequent
892+20 visitation should be, how long it should last, where it should
893+21 take place, and who should be present. If upon motion of the
894+22 party to review either plan and after receiving evidence, the
895+23 court determines that the parent-child visiting plan is not
896+24 reasonably calculated to expeditiously facilitate the
897+25 achievement of the permanency goal or that the restrictions
898+26 placed on parent-child contact or sibling placement or contact
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931-1 financial assistance for the minor or the minor's parents,
932-2 guardian, or custodian.
933-3 (4) The changes made by Public Act 101-79 apply to a case
934-4 that is pending on or after July 12, 2019 (the effective date
935-5 of Public Act 101-79).
936-6 (Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23;
937-7 103-605, eff. 7-1-24.)
938-8 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
939-9 (Text of Section before amendment by P.A. 103-1061)
940-10 Sec. 2-10. Temporary custody hearing. At the appearance of
941-11 the minor before the court at the temporary custody hearing,
942-12 all witnesses present shall be examined before the court in
943-13 relation to any matter connected with the allegations made in
944-14 the petition.
945-15 (1) If the court finds that there is not probable cause to
946-16 believe that the minor is abused, neglected, or dependent it
947-17 shall release the minor and dismiss the petition.
948-18 (2) If the court finds that there is probable cause to
949-19 believe that the minor is abused, neglected, or dependent, the
950-20 court shall state in writing the factual basis supporting its
951-21 finding and the minor, the minor's parent, guardian, or
952-22 custodian, and other persons able to give relevant testimony
953-23 shall be examined before the court. The Department of Children
954-24 and Family Services shall give testimony concerning indicated
955-25 reports of abuse and neglect, of which they are aware through
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909+1 are contrary to the child's best interests, the court shall
910+2 put in writing the factual basis supporting the determination
911+3 and enter specific findings based on the evidence. The court
912+4 shall enter an order for the Department to implement changes
913+5 to the parent-child visiting plan or sibling placement or
914+6 contact plan, consistent with the court's findings. At any
915+7 stage of proceeding, any party may by motion request the court
916+8 to enter any orders necessary to implement the parent-child
917+9 visiting plan, sibling placement or contact plan, or
918+10 subsequently developed Sibling Contact Support Plan. Nothing
919+11 under this subsection (2) shall restrict the court from
920+12 granting discretionary authority to the Department to increase
921+13 opportunities for additional parent-child contacts or sibling
922+14 contacts, without further court orders. Nothing in this
923+15 subsection (2) shall restrict the Department from immediately
924+16 restricting or terminating parent-child contact or sibling
925+17 contacts, without either amending the parent-child visiting
926+18 plan or the sibling contact plan or obtaining a court order,
927+19 where the Department or its assigns reasonably believe there
928+20 is an immediate need to protect the child's health, safety,
929+21 and welfare. Such restrictions or terminations must be based
930+22 on available facts to the Department and its assigns when
931+23 viewed in light of the surrounding circumstances and shall
932+24 only occur on an individual case-by-case basis. The Department
933+25 shall file with the court and serve on the parties any
934+26 amendments to the plan within 10 days, excluding weekends and
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966-1 the central registry, involving the minor's parent, guardian,
967-2 or custodian. After such testimony, the court may, consistent
968-3 with the health, safety, and best interests of the minor,
969-4 enter an order that the minor shall be released upon the
970-5 request of parent, guardian, or custodian if the parent,
971-6 guardian, or custodian appears to take custody. If it is
972-7 determined that a parent's, guardian's, or custodian's
973-8 compliance with critical services mitigates the necessity for
974-9 removal of the minor from the minor's home, the court may enter
975-10 an Order of Protection setting forth reasonable conditions of
976-11 behavior that a parent, guardian, or custodian must observe
977-12 for a specified period of time, not to exceed 12 months,
978-13 without a violation; provided, however, that the 12-month
979-14 period shall begin anew after any violation. "Custodian"
980-15 includes the Department of Children and Family Services, if it
981-16 has been given custody of the child, or any other agency of the
982-17 State which has been given custody or wardship of the child. If
983-18 it is consistent with the health, safety, and best interests
984-19 of the minor, the court may also prescribe shelter care and
985-20 order that the minor be kept in a suitable place designated by
986-21 the court or in a shelter care facility designated by the
987-22 Department of Children and Family Services or a licensed child
988-23 welfare agency; however, on and after January 1, 2015 (the
989-24 effective date of Public Act 98-803) and before January 1,
990-25 2017, a minor charged with a criminal offense under the
991-26 Criminal Code of 1961 or the Criminal Code of 2012 or
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945+1 holidays, of the change of the visitation.
946+2 Acceptance of services shall not be considered an
947+3 admission of any allegation in a petition made pursuant to
948+4 this Act, nor may a referral of services be considered as
949+5 evidence in any proceeding pursuant to this Act, except where
950+6 the issue is whether the Department has made reasonable
951+7 efforts to reunite the family. In making its findings that it
952+8 is consistent with the health, safety, and best interests of
953+9 the minor to prescribe shelter care, the court shall state in
954+10 writing (i) the factual basis supporting its findings
955+11 concerning the immediate and urgent necessity for the
956+12 protection of the minor or of the person or property of another
957+13 and (ii) the factual basis supporting its findings that
958+14 reasonable efforts were made to prevent or eliminate the
959+15 removal of the minor from the minor's home or that no efforts
960+16 reasonably could be made to prevent or eliminate the removal
961+17 of the minor from the minor's home. The parents, guardian,
962+18 custodian, temporary custodian, and minor shall each be
963+19 furnished a copy of such written findings. The temporary
964+20 custodian shall maintain a copy of the court order and written
965+21 findings in the case record for the child. The order together
966+22 with the court's findings of fact in support thereof shall be
967+23 entered of record in the court.
968+24 Once the court finds that it is a matter of immediate and
969+25 urgent necessity for the protection of the minor that the
970+26 minor be placed in a shelter care facility, the minor shall not
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1002-1 adjudicated delinquent shall not be placed in the custody of
1003-2 or committed to the Department of Children and Family Services
1004-3 by any court, except a minor less than 16 years of age and
1005-4 committed to the Department of Children and Family Services
1006-5 under Section 5-710 of this Act or a minor for whom an
1007-6 independent basis of abuse, neglect, or dependency exists; and
1008-7 on and after January 1, 2017, a minor charged with a criminal
1009-8 offense under the Criminal Code of 1961 or the Criminal Code of
1010-9 2012 or adjudicated delinquent shall not be placed in the
1011-10 custody of or committed to the Department of Children and
1012-11 Family Services by any court, except a minor less than 15 years
1013-12 of age and committed to the Department of Children and Family
1014-13 Services under Section 5-710 of this Act or a minor for whom an
1015-14 independent basis of abuse, neglect, or dependency exists. An
1016-15 independent basis exists when the allegations or adjudication
1017-16 of abuse, neglect, or dependency do not arise from the same
1018-17 facts, incident, or circumstances which give rise to a charge
1019-18 or adjudication of delinquency.
1020-19 In placing the minor, the Department or other agency
1021-20 shall, to the extent compatible with the court's order, comply
1022-21 with Section 7 of the Children and Family Services Act. In
1023-22 determining the health, safety, and best interests of the
1024-23 minor to prescribe shelter care, the court must find that it is
1025-24 a matter of immediate and urgent necessity for the safety, and
1026-25 protection of the minor or of the person or property of another
1027-26 that the minor be placed in a shelter care facility or that the
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981+1 be returned to the parent, custodian, or guardian until the
982+2 court finds that such placement is no longer necessary for the
983+3 protection of the minor.
984+4 If the child is placed in the temporary custody of the
985+5 Department of Children and Family Services for the minor's
986+6 protection, the court shall admonish the parents, guardian,
987+7 custodian, or responsible relative that the parents must
988+8 cooperate with the Department of Children and Family Services,
989+9 comply with the terms of the service plans, and correct the
990+10 conditions which require the child to be in care, or risk
991+11 termination of their parental rights. The court shall ensure,
992+12 by inquiring in open court of each parent, guardian,
993+13 custodian, or responsible relative, that the parent, guardian,
994+14 custodian, or responsible relative has had the opportunity to
995+15 provide the Department with all known names, addresses, and
996+16 telephone numbers of each of the minor's living adult
997+17 relatives, including, but not limited to, grandparents,
998+18 siblings of the minor's parents, and siblings. The court shall
999+19 advise the parents, guardian, custodian, or responsible
1000+20 relative to inform the Department if additional information
1001+21 regarding the minor's adult relatives becomes available.
1002+22 (3) If prior to the shelter care hearing for a minor
1003+23 described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
1004+24 is unable to serve notice on the party respondent, the shelter
1005+25 care hearing may proceed ex parte. A shelter care order from an
1006+26 ex parte hearing shall be endorsed with the date and hour of
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1038-1 minor is likely to flee the jurisdiction of the court, and must
1039-2 further find that reasonable efforts have been made or that,
1040-3 consistent with the health, safety and best interests of the
1041-4 minor, no efforts reasonably can be made to prevent or
1042-5 eliminate the necessity of removal of the minor from the
1043-6 minor's home. The court shall require documentation from the
1044-7 Department of Children and Family Services as to the
1045-8 reasonable efforts that were made to prevent or eliminate the
1046-9 necessity of removal of the minor from the minor's home or the
1047-10 reasons why no efforts reasonably could be made to prevent or
1048-11 eliminate the necessity of removal. When a minor is placed in
1049-12 the home of a relative, the Department of Children and Family
1050-13 Services shall complete a preliminary background review of the
1051-14 members of the minor's custodian's household in accordance
1052-15 with Section 4.3 of the Child Care Act of 1969 within 90 days
1053-16 of that placement. If the minor is ordered placed in a shelter
1054-17 care facility of the Department of Children and Family
1055-18 Services or a licensed child welfare agency, the court shall,
1056-19 upon request of the appropriate Department or other agency,
1057-20 appoint the Department of Children and Family Services
1058-21 Guardianship Administrator or other appropriate agency
1059-22 executive temporary custodian of the minor and the court may
1060-23 enter such other orders related to the temporary custody as it
1061-24 deems fit and proper, including the provision of services to
1062-25 the minor or the minor's family to ameliorate the causes
1063-26 contributing to the finding of probable cause or to the
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1017+1 issuance and shall be filed with the clerk's office and
1018+2 entered of record. The order shall expire after 10 days from
1019+3 the time it is issued unless before its expiration it is
1020+4 renewed, at a hearing upon appearance of the party respondent,
1021+5 or upon an affidavit of the moving party as to all diligent
1022+6 efforts to notify the party respondent by notice as herein
1023+7 prescribed. The notice prescribed shall be in writing and
1024+8 shall be personally delivered to the minor or the minor's
1025+9 attorney and to the last known address of the other person or
1026+10 persons entitled to notice. The notice shall also state the
1027+11 nature of the allegations, the nature of the order sought by
1028+12 the State, including whether temporary custody is sought, and
1029+13 the consequences of failure to appear and shall contain a
1030+14 notice that the parties will not be entitled to further
1031+15 written notices or publication notices of proceedings in this
1032+16 case, including the filing of an amended petition or a motion
1033+17 to terminate parental rights, except as required by Supreme
1034+18 Court Rule 11; and shall explain the right of the parties and
1035+19 the procedures to vacate or modify a shelter care order as
1036+20 provided in this Section. The notice for a shelter care
1037+21 hearing shall be substantially as follows:
1038+22 NOTICE TO PARENTS AND CHILDREN
1039+23 OF SHELTER CARE HEARING
1040+24 On ................ at ........., before the Honorable
1041+25 ................, (address:) ................., the State
1042+26 of Illinois will present evidence (1) that (name of child
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1074-1 finding of the existence of immediate and urgent necessity.
1075-2 Where the Department of Children and Family Services
1076-3 Guardianship Administrator is appointed as the executive
1077-4 temporary custodian, the Department of Children and Family
1078-5 Services shall file with the court and serve on the parties a
1079-6 parent-child visiting plan, within 10 days, excluding weekends
1080-7 and holidays, after the appointment. The parent-child visiting
1081-8 plan shall set out the time and place of visits, the frequency
1082-9 of visits, the length of visits, who shall be present at the
1083-10 visits, and where appropriate, the minor's opportunities to
1084-11 have telephone and mail communication with the parents.
1085-12 Where the Department of Children and Family Services
1086-13 Guardianship Administrator is appointed as the executive
1087-14 temporary custodian, and when the child has siblings in care,
1088-15 the Department of Children and Family Services shall file with
1089-16 the court and serve on the parties a sibling placement and
1090-17 contact plan within 10 days, excluding weekends and holidays,
1091-18 after the appointment. The sibling placement and contact plan
1092-19 shall set forth whether the siblings are placed together, and
1093-20 if they are not placed together, what, if any, efforts are
1094-21 being made to place them together. If the Department has
1095-22 determined that it is not in a child's best interest to be
1096-23 placed with a sibling, the Department shall document in the
1097-24 sibling placement and contact plan the basis for its
1098-25 determination. For siblings placed separately, the sibling
1099-26 placement and contact plan shall set the time and place for
1051+HB3365- 29 -LRB104 10403 RLC 20478 b HB3365 - 29 - LRB104 10403 RLC 20478 b
1052+ HB3365 - 29 - LRB104 10403 RLC 20478 b
1053+1 or children) ....................... are abused,
1054+2 neglected, or dependent for the following reasons:
1055+3 .............................................. and (2)
1056+4 whether there is "immediate and urgent necessity" to
1057+5 remove the child or children from the responsible
1058+6 relative.
1059+7 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
1060+8 PLACEMENT of the child or children in foster care until a
1061+9 trial can be held. A trial may not be held for up to 90
1062+10 days. You will not be entitled to further notices of
1063+11 proceedings in this case, including the filing of an
1064+12 amended petition or a motion to terminate parental rights.
1065+13 At the shelter care hearing, parents have the
1066+14 following rights:
1067+15 1. To ask the court to appoint a lawyer if they
1068+16 cannot afford one.
1069+17 2. To ask the court to continue the hearing to
1070+18 allow them time to prepare.
1071+19 3. To present evidence concerning:
1072+20 a. Whether or not the child or children were
1073+21 abused, neglected or dependent.
1074+22 b. Whether or not there is "immediate and
1075+23 urgent necessity" to remove the child from home
1076+24 (including: their ability to care for the child,
1077+25 conditions in the home, alternative means of
1078+26 protecting the child other than removal).
11001079
11011080
11021081
11031082
11041083
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1084+ HB3365 - 29 - LRB104 10403 RLC 20478 b
11061085
11071086
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1109- HB3365 Engrossed - 32 - LRB104 10403 RLC 20478 b
1110-1 visits, the frequency of the visits, the length of visits, who
1111-2 shall be present for the visits, and where appropriate, the
1112-3 child's opportunities to have contact with their siblings in
1113-4 addition to in person contact. If the Department determines it
1114-5 is not in the best interest of a sibling to have contact with a
1115-6 sibling, the Department shall document in the sibling
1116-7 placement and contact plan the basis for its determination.
1117-8 The sibling placement and contact plan shall specify a date
1118-9 for development of the Sibling Contact Support Plan, under
1119-10 subsection (f) of Section 7.4 of the Children and Family
1120-11 Services Act, and shall remain in effect until the Sibling
1121-12 Contact Support Plan is developed.
1122-13 For good cause, the court may waive the requirement to
1123-14 file the parent-child visiting plan or the sibling placement
1124-15 and contact plan, or extend the time for filing either plan.
1125-16 Any party may, by motion, request the court to review the
1126-17 parent-child visiting plan to determine whether it is
1127-18 reasonably calculated to expeditiously facilitate the
1128-19 achievement of the permanency goal. A party may, by motion,
1129-20 request the court to review the parent-child visiting plan or
1130-21 the sibling placement and contact plan to determine whether it
1131-22 is consistent with the minor's best interest. The court may
1132-23 refer the parties to mediation where available. The frequency,
1133-24 duration, and locations of visitation shall be measured by the
1134-25 needs of the child and family, and not by the convenience of
1135-26 Department personnel. Child development principles shall be
1087+HB3365- 30 -LRB104 10403 RLC 20478 b HB3365 - 30 - LRB104 10403 RLC 20478 b
1088+ HB3365 - 30 - LRB104 10403 RLC 20478 b
1089+1 c. The best interests of the child.
1090+2 4. To cross examine the State's witnesses.
1091+3 The Notice for rehearings shall be substantially as
1092+4 follows:
1093+5 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
1094+6 TO REHEARING ON TEMPORARY CUSTODY
1095+7 If you were not present at and did not have adequate
1096+8 notice of the Shelter Care Hearing at which temporary
1097+9 custody of ............... was awarded to
1098+10 ................, you have the right to request a full
1099+11 rehearing on whether the State should have temporary
1100+12 custody of ................. To request this rehearing,
1101+13 you must file with the Clerk of the Juvenile Court
1102+14 (address): ........................, in person or by
1103+15 mailing a statement (affidavit) setting forth the
1104+16 following:
1105+17 1. That you were not present at the shelter care
1106+18 hearing.
1107+19 2. That you did not get adequate notice
1108+20 (explaining how the notice was inadequate).
1109+21 3. Your signature.
1110+22 4. Signature must be notarized.
1111+23 The rehearing should be scheduled within 48 hours of
1112+24 your filing this affidavit.
1113+25 At the rehearing, your rights are the same as at the
11361114
11371115
11381116
11391117
11401118
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1119+ HB3365 - 30 - LRB104 10403 RLC 20478 b
11421120
11431121
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1145- HB3365 Engrossed - 33 - LRB104 10403 RLC 20478 b
1146-1 considered by the court in its analysis of how frequent
1147-2 visitation should be, how long it should last, where it should
1148-3 take place, and who should be present. If upon motion of the
1149-4 party to review either plan and after receiving evidence, the
1150-5 court determines that the parent-child visiting plan is not
1151-6 reasonably calculated to expeditiously facilitate the
1152-7 achievement of the permanency goal or that the restrictions
1153-8 placed on parent-child contact or sibling placement or contact
1154-9 are contrary to the child's best interests, the court shall
1155-10 put in writing the factual basis supporting the determination
1156-11 and enter specific findings based on the evidence. The court
1157-12 shall enter an order for the Department to implement changes
1158-13 to the parent-child visiting plan or sibling placement or
1159-14 contact plan, consistent with the court's findings. At any
1160-15 stage of proceeding, any party may by motion request the court
1161-16 to enter any orders necessary to implement the parent-child
1162-17 visiting plan, sibling placement or contact plan, or
1163-18 subsequently developed Sibling Contact Support Plan. Nothing
1164-19 under this subsection (2) shall restrict the court from
1165-20 granting discretionary authority to the Department to increase
1166-21 opportunities for additional parent-child contacts or sibling
1167-22 contacts, without further court orders. Nothing in this
1168-23 subsection (2) shall restrict the Department from immediately
1169-24 restricting or terminating parent-child contact or sibling
1170-25 contacts, without either amending the parent-child visiting
1171-26 plan or the sibling contact plan or obtaining a court order,
1122+HB3365- 31 -LRB104 10403 RLC 20478 b HB3365 - 31 - LRB104 10403 RLC 20478 b
1123+ HB3365 - 31 - LRB104 10403 RLC 20478 b
1124+1 initial shelter care hearing. The enclosed notice explains
1125+2 those rights.
1126+3 At the Shelter Care Hearing, children have the
1127+4 following rights:
1128+5 1. To have a guardian ad litem appointed.
1129+6 2. To be declared competent as a witness and to
1130+7 present testimony concerning:
1131+8 a. Whether they are abused, neglected or
1132+9 dependent.
1133+10 b. Whether there is "immediate and urgent
1134+11 necessity" to be removed from home.
1135+12 c. Their best interests.
1136+13 3. To cross examine witnesses for other parties.
1137+14 4. To obtain an explanation of any proceedings and
1138+15 orders of the court.
1139+16 (4) If the parent, guardian, legal custodian, responsible
1140+17 relative, minor age 8 or over, or counsel of the minor did not
1141+18 have actual notice of or was not present at the shelter care
1142+19 hearing, the parent, guardian, legal custodian, responsible
1143+20 relative, minor age 8 or over, or counsel of the minor may file
1144+21 an affidavit setting forth these facts, and the clerk shall
1145+22 set the matter for rehearing not later than 48 hours,
1146+23 excluding Sundays and legal holidays, after the filing of the
1147+24 affidavit. At the rehearing, the court shall proceed in the
1148+25 same manner as upon the original hearing.
1149+26 (5) Only when there is reasonable cause to believe that
11721150
11731151
11741152
11751153
11761154
1177- HB3365 Engrossed - 33 - LRB104 10403 RLC 20478 b
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11781156
11791157
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1181- HB3365 Engrossed - 34 - LRB104 10403 RLC 20478 b
1182-1 where the Department or its assigns reasonably believe there
1183-2 is an immediate need to protect the child's health, safety,
1184-3 and welfare. Such restrictions or terminations must be based
1185-4 on available facts to the Department and its assigns when
1186-5 viewed in light of the surrounding circumstances and shall
1187-6 only occur on an individual case-by-case basis. The Department
1188-7 shall file with the court and serve on the parties any
1189-8 amendments to the plan within 10 days, excluding weekends and
1190-9 holidays, of the change of the visitation.
1191-10 Acceptance of services shall not be considered an
1192-11 admission of any allegation in a petition made pursuant to
1193-12 this Act, nor may a referral of services be considered as
1194-13 evidence in any proceeding pursuant to this Act, except where
1195-14 the issue is whether the Department has made reasonable
1196-15 efforts to reunite the family. In making its findings that it
1197-16 is consistent with the health, safety, and best interests of
1198-17 the minor to prescribe shelter care, the court shall state in
1199-18 writing (i) the factual basis supporting its findings
1200-19 concerning the immediate and urgent necessity for the
1201-20 protection of the minor or of the person or property of another
1202-21 and (ii) the factual basis supporting its findings that
1203-22 reasonable efforts were made to prevent or eliminate the
1204-23 removal of the minor from the minor's home or that no efforts
1205-24 reasonably could be made to prevent or eliminate the removal
1206-25 of the minor from the minor's home. The parents, guardian,
1207-26 custodian, temporary custodian, and minor shall each be
1158+HB3365- 32 -LRB104 10403 RLC 20478 b HB3365 - 32 - LRB104 10403 RLC 20478 b
1159+ HB3365 - 32 - LRB104 10403 RLC 20478 b
1160+1 the minor taken into custody is a person described in
1161+2 subsection (3) of Section 5-105 may the minor be kept or
1162+3 detained in a detention home or county or municipal jail. This
1163+4 Section shall in no way be construed to limit subsection (6).
1164+5 (6) No minor under 16 years of age may be confined in a
1165+6 jail or place ordinarily used for the confinement of prisoners
1166+7 in a police station. Minors under 18 years of age must be kept
1167+8 separate from confined adults and may not at any time be kept
1168+9 in the same cell, room, or yard with adults confined pursuant
1169+10 to the criminal law.
1170+11 (7) If the minor is not brought before a judicial officer
1171+12 within the time period as specified in Section 2-9, the minor
1172+13 must immediately be released from custody.
1173+14 (8) If neither the parent, guardian, or custodian appears
1174+15 within 24 hours to take custody of a minor released upon
1175+16 request pursuant to subsection (2) of this Section, then the
1176+17 clerk of the court shall set the matter for rehearing not later
1177+18 than 7 days after the original order and shall issue a summons
1178+19 directed to the parent, guardian, or custodian to appear. At
1179+20 the same time the probation department shall prepare a report
1180+21 on the minor. If a parent, guardian, or custodian does not
1181+22 appear at such rehearing, the judge may enter an order
1182+23 prescribing that the minor be kept in a suitable place
1183+24 designated by the Department of Children and Family Services
1184+25 or a licensed child welfare agency.
1185+26 (9) Notwithstanding any other provision of this Section
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12091187
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12111189
12121190
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1191+ HB3365 - 32 - LRB104 10403 RLC 20478 b
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12151193
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1217- HB3365 Engrossed - 35 - LRB104 10403 RLC 20478 b
1218-1 furnished a copy of such written findings. The temporary
1219-2 custodian shall maintain a copy of the court order and written
1220-3 findings in the case record for the child. The order together
1221-4 with the court's findings of fact in support thereof shall be
1222-5 entered of record in the court.
1223-6 Once the court finds that it is a matter of immediate and
1224-7 urgent necessity for the protection of the minor that the
1225-8 minor be placed in a shelter care facility, the minor shall not
1226-9 be returned to the parent, custodian, or guardian until the
1227-10 court finds that such placement is no longer necessary for the
1228-11 protection of the minor.
1229-12 If the child is placed in the temporary custody of the
1230-13 Department of Children and Family Services for the minor's
1231-14 protection, the court shall admonish the parents, guardian,
1232-15 custodian, or responsible relative that the parents must
1233-16 cooperate with the Department of Children and Family Services,
1234-17 comply with the terms of the service plans, and correct the
1235-18 conditions which require the child to be in care, or risk
1236-19 termination of their parental rights. The court shall ensure,
1237-20 by inquiring in open court of each parent, guardian,
1238-21 custodian, or responsible relative, that the parent, guardian,
1239-22 custodian, or responsible relative has had the opportunity to
1240-23 provide the Department with all known names, addresses, and
1241-24 telephone numbers of each of the minor's living adult
1242-25 relatives, including, but not limited to, grandparents,
1243-26 siblings of the minor's parents, and siblings. The court shall
1194+HB3365- 33 -LRB104 10403 RLC 20478 b HB3365 - 33 - LRB104 10403 RLC 20478 b
1195+ HB3365 - 33 - LRB104 10403 RLC 20478 b
1196+1 any interested party, including the State, the temporary
1197+2 custodian, an agency providing services to the minor or family
1198+3 under a service plan pursuant to Section 8.2 of the Abused and
1199+4 Neglected Child Reporting Act, foster parent, or any of their
1200+5 representatives, on notice to all parties entitled to notice,
1201+6 may file a motion that it is in the best interests of the minor
1202+7 to modify or vacate a temporary custody order on any of the
1203+8 following grounds:
1204+9 (a) It is no longer a matter of immediate and urgent
1205+10 necessity that the minor remain in shelter care; or
1206+11 (b) There is a material change in the circumstances of
1207+12 the natural family from which the minor was removed and
1208+13 the child can be cared for at home without endangering the
1209+14 child's health or safety; or
1210+15 (c) A person not a party to the alleged abuse, neglect
1211+16 or dependency, including a parent, relative, or legal
1212+17 guardian, is capable of assuming temporary custody of the
1213+18 minor; or
1214+19 (d) Services provided by the Department of Children
1215+20 and Family Services or a child welfare agency or other
1216+21 service provider have been successful in eliminating the
1217+22 need for temporary custody and the child can be cared for
1218+23 at home without endangering the child's health or safety.
1219+24 In ruling on the motion, the court shall determine whether
1220+25 it is consistent with the health, safety, and best interests
1221+26 of the minor to modify or vacate a temporary custody order. If
12441222
12451223
12461224
12471225
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12511229
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1253- HB3365 Engrossed - 36 - LRB104 10403 RLC 20478 b
1254-1 advise the parents, guardian, custodian, or responsible
1255-2 relative to inform the Department if additional information
1256-3 regarding the minor's adult relatives becomes available.
1257-4 (3) If prior to the shelter care hearing for a minor
1258-5 described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
1259-6 is unable to serve notice on the party respondent, the shelter
1260-7 care hearing may proceed ex parte. A shelter care order from an
1261-8 ex parte hearing shall be endorsed with the date and hour of
1262-9 issuance and shall be filed with the clerk's office and
1263-10 entered of record. The order shall expire after 10 days from
1264-11 the time it is issued unless before its expiration it is
1265-12 renewed, at a hearing upon appearance of the party respondent,
1266-13 or upon an affidavit of the moving party as to all diligent
1267-14 efforts to notify the party respondent by notice as herein
1268-15 prescribed. The notice prescribed shall be in writing and
1269-16 shall be personally delivered to the minor or the minor's
1270-17 attorney and to the last known address of the other person or
1271-18 persons entitled to notice. The notice shall also state the
1272-19 nature of the allegations, the nature of the order sought by
1273-20 the State, including whether temporary custody is sought, and
1274-21 the consequences of failure to appear and shall contain a
1275-22 notice that the parties will not be entitled to further
1276-23 written notices or publication notices of proceedings in this
1277-24 case, including the filing of an amended petition or a motion
1278-25 to terminate parental rights, except as required by Supreme
1279-26 Court Rule 11; and shall explain the right of the parties and
1230+HB3365- 34 -LRB104 10403 RLC 20478 b HB3365 - 34 - LRB104 10403 RLC 20478 b
1231+ HB3365 - 34 - LRB104 10403 RLC 20478 b
1232+1 the minor is being restored to the custody of a parent, legal
1233+2 custodian, or guardian who lives outside of Illinois, and an
1234+3 Interstate Compact has been requested and refused, the court
1235+4 may order the Department of Children and Family Services to
1236+5 arrange for an assessment of the minor's proposed living
1237+6 arrangement and for ongoing monitoring of the health, safety,
1238+7 and best interest of the minor and compliance with any order of
1239+8 protective supervision entered in accordance with Section 2-20
1240+9 or 2-25.
1241+10 The clerk shall set the matter for hearing not later than
1242+11 14 days after such motion is filed. In the event that the court
1243+12 modifies or vacates a temporary custody order but does not
1244+13 vacate its finding of probable cause, the court may order that
1245+14 appropriate services be continued or initiated in behalf of
1246+15 the minor and the minor's family.
1247+16 (10) When the court finds or has found that there is
1248+17 probable cause to believe a minor is an abused minor as
1249+18 described in subsection (2) of Section 2-3 and that there is an
1250+19 immediate and urgent necessity for the abused minor to be
1251+20 placed in shelter care, immediate and urgent necessity shall
1252+21 be presumed for any other minor residing in the same household
1253+22 as the abused minor provided:
1254+23 (a) Such other minor is the subject of an abuse or
1255+24 neglect petition pending before the court; and
1256+25 (b) A party to the petition is seeking shelter care
1257+26 for such other minor.
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1290-1 the procedures to vacate or modify a shelter care order as
1291-2 provided in this Section. The notice for a shelter care
1292-3 hearing shall be substantially as follows:
1293-4 NOTICE TO PARENTS AND CHILDREN
1294-5 OF SHELTER CARE HEARING
1295-6 On ................ at ........., before the Honorable
1296-7 ................, (address:) ................., the State
1297-8 of Illinois will present evidence (1) that (name of child
1298-9 or children) ....................... are abused,
1299-10 neglected, or dependent for the following reasons:
1300-11 .............................................. and (2)
1301-12 whether there is "immediate and urgent necessity" to
1302-13 remove the child or children from the responsible
1303-14 relative.
1304-15 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
1305-16 PLACEMENT of the child or children in foster care until a
1306-17 trial can be held. A trial may not be held for up to 90
1307-18 days. You will not be entitled to further notices of
1308-19 proceedings in this case, including the filing of an
1309-20 amended petition or a motion to terminate parental rights.
1310-21 At the shelter care hearing, parents have the
1311-22 following rights:
1312-23 1. To ask the court to appoint a lawyer if they
1313-24 cannot afford one.
1314-25 2. To ask the court to continue the hearing to
1315-26 allow them time to prepare.
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1267+ HB3365 - 35 - LRB104 10403 RLC 20478 b
1268+1 Once the presumption of immediate and urgent necessity has
1269+2 been raised, the burden of demonstrating the lack of immediate
1270+3 and urgent necessity shall be on any party that is opposing
1271+4 shelter care for the other minor.
1272+5 (11) The changes made to this Section by Public Act 98-61
1273+6 apply to a minor who has been arrested or taken into custody on
1274+7 or after January 1, 2014 (the effective date of Public Act
1275+8 98-61).
1276+9 (12) After the court has placed a minor in the care of a
1277+10 temporary custodian pursuant to this Section, any party may
1278+11 file a motion requesting the court to grant the temporary
1279+12 custodian the authority to serve as a surrogate decision maker
1280+13 for the minor under the Health Care Surrogate Act for purposes
1281+14 of making decisions pursuant to paragraph (1) of subsection
1282+15 (b) of Section 20 of the Health Care Surrogate Act. The court
1283+16 may grant the motion if it determines by clear and convincing
1284+17 evidence that it is in the best interests of the minor to grant
1285+18 the temporary custodian such authority. In making its
1286+19 determination, the court shall weigh the following factors in
1287+20 addition to considering the best interests factors listed in
1288+21 subsection (4.05) of Section 1-3 of this Act:
1289+22 (a) the efforts to identify and locate the respondents
1290+23 and adult family members of the minor and the results of
1291+24 those efforts;
1292+25 (b) the efforts to engage the respondents and adult
1293+26 family members of the minor in decision making on behalf
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1326-1 3. To present evidence concerning:
1327-2 a. Whether or not the child or children were
1328-3 abused, neglected or dependent.
1329-4 b. Whether or not there is "immediate and
1330-5 urgent necessity" to remove the child from home
1331-6 (including: their ability to care for the child,
1332-7 conditions in the home, alternative means of
1333-8 protecting the child other than removal).
1334-9 c. The best interests of the child.
1335-10 4. To cross examine the State's witnesses.
1336-11 The Notice for rehearings shall be substantially as
1337-12 follows:
1338-13 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
1339-14 TO REHEARING ON TEMPORARY CUSTODY
1340-15 If you were not present at and did not have adequate
1341-16 notice of the Shelter Care Hearing at which temporary
1342-17 custody of ............... was awarded to
1343-18 ................, you have the right to request a full
1344-19 rehearing on whether the State should have temporary
1345-20 custody of ................. To request this rehearing,
1346-21 you must file with the Clerk of the Juvenile Court
1347-22 (address): ........................, in person or by
1348-23 mailing a statement (affidavit) setting forth the
1349-24 following:
1350-25 1. That you were not present at the shelter care
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1303+ HB3365 - 36 - LRB104 10403 RLC 20478 b
1304+1 of the minor;
1305+2 (c) the length of time the efforts in paragraphs (a)
1306+3 and (b) have been ongoing;
1307+4 (d) the relationship between the respondents and adult
1308+5 family members and the minor;
1309+6 (e) medical testimony regarding the extent to which
1310+7 the minor is suffering and the impact of a delay in
1311+8 decision-making on the minor; and
1312+9 (f) any other factor the court deems relevant.
1313+10 If the Department of Children and Family Services is the
1314+11 temporary custodian of the minor, in addition to the
1315+12 requirements of paragraph (1) of subsection (b) of Section 20
1316+13 of the Health Care Surrogate Act, the Department shall follow
1317+14 its rules and procedures in exercising authority granted under
1318+15 this subsection.
1319+16 (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
1320+17 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-605, eff.
1321+18 7-1-24.)
1322+19 (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
1323+20 Sec. 2-18. Evidence.
1324+21 (1) At the adjudicatory hearing, the court shall first
1325+22 consider only the question whether the minor is abused,
1326+23 neglected or dependent. The standard of proof and the rules of
1327+24 evidence in the nature of civil proceedings in this State are
1328+25 applicable to proceedings under this Article. If the petition
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1361-1 hearing.
1362-2 2. That you did not get adequate notice
1363-3 (explaining how the notice was inadequate).
1364-4 3. Your signature.
1365-5 4. Signature must be notarized.
1366-6 The rehearing should be scheduled within 48 hours of
1367-7 your filing this affidavit.
1368-8 At the rehearing, your rights are the same as at the
1369-9 initial shelter care hearing. The enclosed notice explains
1370-10 those rights.
1371-11 At the Shelter Care Hearing, children have the
1372-12 following rights:
1373-13 1. To have a guardian ad litem appointed.
1374-14 2. To be declared competent as a witness and to
1375-15 present testimony concerning:
1376-16 a. Whether they are abused, neglected or
1377-17 dependent.
1378-18 b. Whether there is "immediate and urgent
1379-19 necessity" to be removed from home.
1380-20 c. Their best interests.
1381-21 3. To cross examine witnesses for other parties.
1382-22 4. To obtain an explanation of any proceedings and
1383-23 orders of the court.
1384-24 (4) If the parent, guardian, legal custodian, responsible
1385-25 relative, minor age 8 or over, or counsel of the minor did not
1386-26 have actual notice of or was not present at the shelter care
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1339+1 also seeks the appointment of a guardian of the person with
1340+2 power to consent to adoption of the minor under Section 2-29,
1341+3 the court may also consider legally admissible evidence at the
1342+4 adjudicatory hearing that one or more grounds of unfitness
1343+5 exists under subdivision D of Section 1 of the Adoption Act.
1344+6 (2) In any hearing under this Act, the following shall
1345+7 constitute prima facie evidence of abuse or neglect, as the
1346+8 case may be:
1347+9 (a) proof that a minor has a medical diagnosis of
1348+10 battered child syndrome is prima facie evidence of abuse;
1349+11 (b) proof that a minor has a medical diagnosis of
1350+12 failure to thrive syndrome is prima facie evidence of
1351+13 neglect;
1352+14 (c) proof that a minor has a medical diagnosis of
1353+15 fetal alcohol syndrome is prima facie evidence of neglect;
1354+16 (d) proof that a minor has a medical diagnosis at
1355+17 birth of withdrawal symptoms from narcotics or
1356+18 barbiturates is prima facie evidence of neglect;
1357+19 (e) proof of injuries sustained by a minor or of the
1358+20 condition of a minor of such a nature as would ordinarily
1359+21 not be sustained or exist except by reason of the acts or
1360+22 omissions of the parent, custodian or guardian of such
1361+23 minor shall be prima facie evidence of abuse or neglect,
1362+24 as the case may be;
1363+25 (f) proof that a parent, custodian or guardian of a
1364+26 minor repeatedly used a drug, to the extent that it has or
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1397-1 hearing, the parent, guardian, legal custodian, responsible
1398-2 relative, minor age 8 or over, or counsel of the minor may file
1399-3 an affidavit setting forth these facts, and the clerk shall
1400-4 set the matter for rehearing not later than 48 hours,
1401-5 excluding Sundays and legal holidays, after the filing of the
1402-6 affidavit. At the rehearing, the court shall proceed in the
1403-7 same manner as upon the original hearing.
1404-8 (5) Only when there is reasonable cause to believe that
1405-9 the minor taken into custody is a person described in
1406-10 subsection (3) of Section 5-105 may the minor be kept or
1407-11 detained in a detention home or county or municipal jail. This
1408-12 Section shall in no way be construed to limit subsection (6).
1409-13 (6) No minor under 16 years of age may be confined in a
1410-14 jail or place ordinarily used for the confinement of prisoners
1411-15 in a police station. Minors under 18 years of age must be kept
1412-16 separate from confined adults and may not at any time be kept
1413-17 in the same cell, room, or yard with adults confined pursuant
1414-18 to the criminal law.
1415-19 (7) If the minor is not brought before a judicial officer
1416-20 within the time period as specified in Section 2-9, the minor
1417-21 must immediately be released from custody.
1418-22 (8) If neither the parent, guardian, or custodian appears
1419-23 within 24 hours to take custody of a minor released upon
1420-24 request pursuant to subsection (2) of this Section, then the
1421-25 clerk of the court shall set the matter for rehearing not later
1422-26 than 7 days after the original order and shall issue a summons
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1374+ HB3365 - 38 - LRB104 10403 RLC 20478 b
1375+1 would ordinarily have the effect of producing in the user
1376+2 a substantial state of stupor, unconsciousness,
1377+3 intoxication, hallucination, disorientation or
1378+4 incompetence, or a substantial impairment of judgment, or
1379+5 a substantial manifestation of irrationality, shall be
1380+6 prima facie evidence of neglect;
1381+7 (g) proof that a parent, custodian, or guardian of a
1382+8 minor repeatedly used a controlled substance, as defined
1383+9 in subsection (f) of Section 102 of the Illinois
1384+10 Controlled Substances Act, in the presence of the minor or
1385+11 a sibling of the minor is prima facie evidence of neglect.
1386+12 "Repeated use", for the purpose of this subsection, means
1387+13 more than one use of a controlled substance as defined in
1388+14 subsection (f) of Section 102 of the Illinois Controlled
1389+15 Substances Act;
1390+16 (h) proof that a newborn infant's blood, urine, or
1391+17 meconium contains any amount of a controlled substance as
1392+18 defined in subsection (f) of Section 102 of the Illinois
1393+19 Controlled Substances Act, or a metabolite of a controlled
1394+20 substance, with the exception of controlled substances or
1395+21 metabolites of those substances, the presence of which is
1396+22 the result of medical treatment administered to the mother
1397+23 or the newborn, is prime facie evidence of neglect;
1398+24 (i) proof that a minor was present in a structure or
1399+25 vehicle in which the minor's parent, custodian, or
1400+26 guardian was involved in the manufacture of
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1433-1 directed to the parent, guardian, or custodian to appear. At
1434-2 the same time the probation department shall prepare a report
1435-3 on the minor. If a parent, guardian, or custodian does not
1436-4 appear at such rehearing, the judge may enter an order
1437-5 prescribing that the minor be kept in a suitable place
1438-6 designated by the Department of Children and Family Services
1439-7 or a licensed child welfare agency.
1440-8 (9) Notwithstanding any other provision of this Section
1441-9 any interested party, including the State, the temporary
1442-10 custodian, an agency providing services to the minor or family
1443-11 under a service plan pursuant to Section 8.2 of the Abused and
1444-12 Neglected Child Reporting Act, foster parent, or any of their
1445-13 representatives, on notice to all parties entitled to notice,
1446-14 may file a motion that it is in the best interests of the minor
1447-15 to modify or vacate a temporary custody order on any of the
1448-16 following grounds:
1449-17 (a) It is no longer a matter of immediate and urgent
1450-18 necessity that the minor remain in shelter care; or
1451-19 (b) There is a material change in the circumstances of
1452-20 the natural family from which the minor was removed and
1453-21 the child can be cared for at home without endangering the
1454-22 child's health or safety; or
1455-23 (c) A person not a party to the alleged abuse, neglect
1456-24 or dependency, including a parent, relative, or legal
1457-25 guardian, is capable of assuming temporary custody of the
1458-26 minor; or
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1411+1 methamphetamine constitutes prima facie evidence of abuse
1412+2 and neglect;
1413+3 (j) proof that a parent, custodian, or guardian of a
1414+4 minor allows, encourages, or requires a minor to perform,
1415+5 offer, or agree to perform any act of sexual penetration
1416+6 as defined in Section 11-0.1 of the Criminal Code of 2012
1417+7 for any money, property, token, object, or article or
1418+8 anything of value, or any touching or fondling of the sex
1419+9 organs of one person by another person, for any money,
1420+10 property, token, object, or article or anything of value,
1421+11 for the purpose of sexual arousal or gratification,
1422+12 constitutes prima facie evidence of abuse and neglect;
1423+13 (k) proof that a parent, custodian, or guardian of a
1424+14 minor commits or allows to be committed the offense of
1425+15 involuntary servitude, involuntary sexual servitude of a
1426+16 minor, or trafficking in persons as defined in Section
1427+17 10-9 of the Criminal Code of 1961 or the Criminal Code of
1428+18 2012, upon such minor, constitutes prima facie evidence of
1429+19 abuse and neglect.
1430+20 (3) In any hearing under this Act, proof of the abuse,
1431+21 neglect or dependency of one minor shall be admissible
1432+22 evidence on the issue of the abuse, neglect or dependency of
1433+23 any other minor for whom the respondent is responsible.
1434+24 (4) (a) Any writing, record, photograph or x-ray of any
1435+25 hospital or public or private agency, whether in the form of an
1436+26 entry in a book or otherwise, made as a memorandum or record of
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1469-1 (d) Services provided by the Department of Children
1470-2 and Family Services or a child welfare agency or other
1471-3 service provider have been successful in eliminating the
1472-4 need for temporary custody and the child can be cared for
1473-5 at home without endangering the child's health or safety.
1474-6 In ruling on the motion, the court shall determine whether
1475-7 it is consistent with the health, safety, and best interests
1476-8 of the minor to modify or vacate a temporary custody order. If
1477-9 the minor is being restored to the custody of a parent, legal
1478-10 custodian, or guardian who lives outside of Illinois, and an
1479-11 Interstate Compact has been requested and refused, the court
1480-12 may order the Department of Children and Family Services to
1481-13 arrange for an assessment of the minor's proposed living
1482-14 arrangement and for ongoing monitoring of the health, safety,
1483-15 and best interest of the minor and compliance with any order of
1484-16 protective supervision entered in accordance with Section 2-20
1485-17 or 2-25.
1486-18 The clerk shall set the matter for hearing not later than
1487-19 14 days after such motion is filed. In the event that the court
1488-20 modifies or vacates a temporary custody order but does not
1489-21 vacate its finding of probable cause, the court may order that
1490-22 appropriate services be continued or initiated in behalf of
1491-23 the minor and the minor's family.
1492-24 (10) When the court finds or has found that there is
1493-25 probable cause to believe a minor is an abused minor as
1494-26 described in subsection (2) of Section 2-3 and that there is an
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1446+ HB3365 - 40 - LRB104 10403 RLC 20478 b
1447+1 any condition, act, transaction, occurrence or event relating
1448+2 to a minor in an abuse, neglect or dependency proceeding,
1449+3 shall be admissible in evidence as proof of that condition,
1450+4 act, transaction, occurrence or event, if the court finds that
1451+5 the document was made in the regular course of the business of
1452+6 the hospital or agency at the time of the act, transaction,
1453+7 occurrence or event, or within a reasonable time thereafter. A
1454+8 certification by the head or responsible employee or agent of
1455+9 the hospital or agency having knowledge of the creation and
1456+10 maintenance of or of the matters stated in the writing,
1457+11 record, photograph or x-ray attesting that the document is the
1458+12 full and complete record of the condition, act, transaction,
1459+13 occurrence or event and that it satisfies the conditions of
1460+14 this paragraph shall be prima facie evidence of the facts
1461+15 contained in such certification. All other circumstances of
1462+16 the making of the memorandum, record, photograph or x-ray,
1463+17 including lack of personal knowledge of the maker, may be
1464+18 proved to affect the weight to be accorded such evidence, but
1465+19 shall not affect its admissibility.
1466+20 (b) Any indicated report filed pursuant to the Abused and
1467+21 Neglected Child Reporting Act shall be admissible in evidence.
1468+22 (c) Previous statements made by the minor relating to any
1469+23 allegations of abuse or neglect shall be admissible in
1470+24 evidence. However, no such statement, if uncorroborated and
1471+25 not subject to cross-examination, shall be sufficient in
1472+26 itself to support a finding of abuse or neglect.
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1505-1 immediate and urgent necessity for the abused minor to be
1506-2 placed in shelter care, immediate and urgent necessity shall
1507-3 be presumed for any other minor residing in the same household
1508-4 as the abused minor provided:
1509-5 (a) Such other minor is the subject of an abuse or
1510-6 neglect petition pending before the court; and
1511-7 (b) A party to the petition is seeking shelter care
1512-8 for such other minor.
1513-9 Once the presumption of immediate and urgent necessity has
1514-10 been raised, the burden of demonstrating the lack of immediate
1515-11 and urgent necessity shall be on any party that is opposing
1516-12 shelter care for the other minor.
1517-13 (11) The changes made to this Section by Public Act 98-61
1518-14 apply to a minor who has been arrested or taken into custody on
1519-15 or after January 1, 2014 (the effective date of Public Act
1520-16 98-61).
1521-17 (12) After the court has placed a minor in the care of a
1522-18 temporary custodian pursuant to this Section, any party may
1523-19 file a motion requesting the court to grant the temporary
1524-20 custodian the authority to serve as a surrogate decision maker
1525-21 for the minor under the Health Care Surrogate Act for purposes
1526-22 of making decisions pursuant to paragraph (1) of subsection
1527-23 (b) of Section 20 of the Health Care Surrogate Act. The court
1528-24 may grant the motion if it determines by clear and convincing
1529-25 evidence that it is in the best interests of the minor to grant
1530-26 the temporary custodian such authority. In making its
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1482+ HB3365 - 41 - LRB104 10403 RLC 20478 b
1483+1 (d) There shall be a rebuttable presumption that a minor
1484+2 is competent to testify in abuse or neglect proceedings. The
1485+3 court shall determine how much weight to give to the minor's
1486+4 testimony, and may allow the minor to testify in chambers with
1487+5 only the court, the court reporter and attorneys for the
1488+6 parties present.
1489+7 (e) The privileged character of communication between any
1490+8 professional person and patient or client, except privilege
1491+9 between attorney and client or the privilege between a
1492+10 domestic violence advocate or counselor and victim under
1493+11 Section 227 of the Illinois Domestic Violence Act, and
1494+12 privilege between a rape counselor and victim under the
1495+13 Section 8-802.1 of the Code of Civil Procedure, shall not
1496+14 apply to proceedings subject to this Article.
1497+15 (f) Proof of the impairment of emotional health or
1498+16 impairment of mental or emotional condition as a result of the
1499+17 failure of the respondent to exercise a minimum degree of care
1500+18 toward a minor may include competent opinion or expert
1501+19 testimony, and may include proof that such impairment lessened
1502+20 during a period when the minor was in the care, custody or
1503+21 supervision of a person or agency other than the respondent.
1504+22 (5) In any hearing under this Act alleging neglect for
1505+23 failure to provide education as required by law under
1506+24 subsection (1) of Section 2-3, proof that a minor under 13
1507+25 years of age who is subject to compulsory school attendance
1508+26 under the School Code is a chronic truant as defined under the
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1541-1 determination, the court shall weigh the following factors in
1542-2 addition to considering the best interests factors listed in
1543-3 subsection (4.05) of Section 1-3 of this Act:
1544-4 (a) the efforts to identify and locate the respondents
1545-5 and adult family members of the minor and the results of
1546-6 those efforts;
1547-7 (b) the efforts to engage the respondents and adult
1548-8 family members of the minor in decision making on behalf
1549-9 of the minor;
1550-10 (c) the length of time the efforts in paragraphs (a)
1551-11 and (b) have been ongoing;
1552-12 (d) the relationship between the respondents and adult
1553-13 family members and the minor;
1554-14 (e) medical testimony regarding the extent to which
1555-15 the minor is suffering and the impact of a delay in
1556-16 decision-making on the minor; and
1557-17 (f) any other factor the court deems relevant.
1558-18 If the Department of Children and Family Services is the
1559-19 temporary custodian of the minor, in addition to the
1560-20 requirements of paragraph (1) of subsection (b) of Section 20
1561-21 of the Health Care Surrogate Act, the Department shall follow
1562-22 its rules and procedures in exercising authority granted under
1563-23 this subsection.
1564-24 (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
1565-25 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-605, eff.
1566-26 7-1-24.)
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1519+1 School Code shall be prima facie evidence of neglect by the
1520+2 parent or guardian in any hearing under this Act and proof that
1521+3 a minor who is 13 years of age or older who is subject to
1522+4 compulsory school attendance under the School Code is a
1523+5 chronic truant shall raise a rebuttable presumption of neglect
1524+6 by the parent or guardian. This subsection (5) shall not apply
1525+7 in counties with 2,000,000 or more inhabitants.
1526+8 (6) In any hearing under this Act, the court may take
1527+9 judicial notice of prior sworn testimony or evidence admitted
1528+10 in prior proceedings involving the same minor if (a) the
1529+11 parties were either represented by counsel at such prior
1530+12 proceedings or the right to counsel was knowingly waived and
1531+13 (b) the taking of judicial notice would not result in
1532+14 admitting hearsay evidence at a hearing where it would
1533+15 otherwise be prohibited.
1534+16 (Source: P.A. 103-124, eff. 1-1-24.)
1535+17 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
1536+18 Sec. 2-21. Findings and adjudication.
1537+19 (1) The court shall state for the record the manner in
1538+20 which the parties received service of process and shall note
1539+21 whether the return or returns of service, postal return
1540+22 receipt or receipts for notice by certified mail, or
1541+23 certificate or certificates of publication have been filed in
1542+24 the court record. The court shall enter any appropriate orders
1543+25 of default against any parent who has been properly served in
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1577-1 (Text of Section after amendment by P.A. 103-1061)
1578-2 Sec. 2-10. Temporary custody hearing. At the appearance of
1579-3 the minor before the court at the temporary custody hearing,
1580-4 all witnesses present shall be examined before the court in
1581-5 relation to any matter connected with the allegations made in
1582-6 the petition.
1583-7 (1) If the court finds that there is not probable cause to
1584-8 believe that the minor is abused, neglected, or dependent it
1585-9 shall release the minor and dismiss the petition.
1586-10 (2) If the court finds that there is probable cause to
1587-11 believe that the minor is abused, neglected, or dependent, the
1588-12 court shall state in writing the factual basis supporting its
1589-13 finding and the minor, the minor's parent, guardian, or
1590-14 custodian, and other persons able to give relevant testimony
1591-15 shall be examined before the court. Findings of probable cause
1592-16 must be based on reasons sufficient and independent from
1593-17 exposure to domestic violence that is perpetrated against
1594-18 someone other than the minor where there is no demonstrated
1595-19 likelihood of imminent bodily harm to the minor. The
1596-20 Department of Children and Family Services shall give
1597-21 testimony concerning indicated reports of abuse and neglect,
1598-22 of which they are aware through the central registry,
1599-23 involving the minor's parent, guardian, or custodian. After
1600-24 such testimony, the court may, consistent with the health,
1601-25 safety, and best interests of the minor, enter an order that
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1554+1 any manner and fails to appear.
1555+2 No further service of process as defined in Sections 2-15
1556+3 and 2-16 is required in any subsequent proceeding for a parent
1557+4 who was properly served in any manner, except as required by
1558+5 Supreme Court Rule 11.
1559+6 The caseworker shall testify about the diligent search
1560+7 conducted for the parent.
1561+8 After hearing the evidence the court shall determine
1562+9 whether or not the minor is abused, neglected, or dependent.
1563+10 If it finds that the minor is not such a person, the court
1564+11 shall order the petition dismissed and the minor discharged.
1565+12 The court's determination of whether the minor is abused,
1566+13 neglected, or dependent shall be stated in writing with the
1567+14 factual basis supporting that determination.
1568+15 If the court finds that the minor is abused, neglected, or
1569+16 dependent, the court shall then determine and put in writing
1570+17 the factual basis supporting that determination, and specify,
1571+18 to the extent possible, the acts or omissions or both of each
1572+19 parent, guardian, or legal custodian that form the basis of
1573+20 the court's findings. In making such findings, domestic
1574+21 violence against a parent, guardian, or custodian even in the
1575+22 presence of the minor shall not be construed as the acts or
1576+23 omissions of the parent, guardian, or custodian who
1577+24 experienced domestic violence and any findings must be based
1578+25 upon acts or omissions of that parent, guardian, or custodian
1579+26 unrelated to incidents of domestic violence against the
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1612-1 the minor shall be released upon the request of parent,
1613-2 guardian, or custodian if the parent, guardian, or custodian
1614-3 appears to take custody. If it is determined that a parent's,
1615-4 guardian's, or custodian's compliance with critical services
1616-5 mitigates the necessity for removal of the minor from the
1617-6 minor's home, the court may enter an Order of Protection
1618-7 setting forth reasonable conditions of behavior that a parent,
1619-8 guardian, or custodian must observe for a specified period of
1620-9 time, not to exceed 12 months, without a violation; provided,
1621-10 however, that the 12-month period shall begin anew after any
1622-11 violation. "Custodian" includes the Department of Children and
1623-12 Family Services, if it has been given custody of the child, or
1624-13 any other agency of the State which has been given custody or
1625-14 wardship of the child. If it is consistent with the health,
1626-15 safety, and best interests of the minor, the court may also
1627-16 prescribe shelter care and order that the minor be kept in a
1628-17 suitable place designated by the court or in a shelter care
1629-18 facility designated by the Department of Children and Family
1630-19 Services or a licensed child welfare agency; however, on and
1631-20 after January 1, 2015 (the effective date of Public Act
1632-21 98-803) and before January 1, 2017, a minor charged with a
1633-22 criminal offense under the Criminal Code of 1961 or the
1634-23 Criminal Code of 2012 or adjudicated delinquent shall not be
1635-24 placed in the custody of or committed to the Department of
1636-25 Children and Family Services by any court, except a minor less
1637-26 than 16 years of age and committed to the Department of
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1589+ HB3365 - 44 - LRB104 10403 RLC 20478 b
1590+1 parent, guardian, or custodian that are sufficient to
1591+2 independently support a determination of abuse or neglect
1592+3 under this Act. That finding shall appear in the order of the
1593+4 court.
1594+5 If the court finds that the child has been abused,
1595+6 neglected or dependent, the court shall admonish the parents
1596+7 that they must cooperate with the Department of Children and
1597+8 Family Services, comply with the terms of the service plan,
1598+9 and correct the conditions that require the child to be in
1599+10 care, or risk termination of parental rights.
1600+11 If the court determines that a person has inflicted
1601+12 physical or sexual abuse upon a minor, the court shall report
1602+13 that determination to the Illinois State Police, which shall
1603+14 include that information in its report to the President of the
1604+15 school board for a school district that requests a criminal
1605+16 history records check of that person, or the regional
1606+17 superintendent of schools who requests a check of that person,
1607+18 as required under Section 10-21.9 or 34-18.5 of the School
1608+19 Code.
1609+20 (2) If, pursuant to subsection (1) of this Section, the
1610+21 court determines and puts in writing the factual basis
1611+22 supporting the determination that the minor is either abused
1612+23 or neglected or dependent, the court shall then set a time not
1613+24 later than 30 days after the entry of the finding for a
1614+25 dispositional hearing (unless an earlier date is required
1615+26 pursuant to Section 2-13.1) to be conducted under Section 2-22
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1647- HB3365 Engrossed - 47 - LRB104 10403 RLC 20478 b
1648-1 Children and Family Services under Section 5-710 of this Act
1649-2 or a minor for whom an independent basis of abuse, neglect, or
1650-3 dependency exists; and on and after January 1, 2017, a minor
1651-4 charged with a criminal offense under the Criminal Code of
1652-5 1961 or the Criminal Code of 2012 or adjudicated delinquent
1653-6 shall not be placed in the custody of or committed to the
1654-7 Department of Children and Family Services by any court,
1655-8 except a minor less than 15 years of age and committed to the
1656-9 Department of Children and Family Services under Section 5-710
1657-10 of this Act or a minor for whom an independent basis of abuse,
1658-11 neglect, or dependency exists. An independent basis exists
1659-12 when the allegations or adjudication of abuse, neglect, or
1660-13 dependency do not arise from the same facts, incident, or
1661-14 circumstances which give rise to a charge or adjudication of
1662-15 delinquency.
1663-16 In placing the minor, the Department or other agency
1664-17 shall, to the extent compatible with the court's order, comply
1665-18 with Section 7 of the Children and Family Services Act. In
1666-19 determining the health, safety, and best interests of the
1667-20 minor to prescribe shelter care, the court must find that it is
1668-21 a matter of immediate and urgent necessity for the safety, and
1669-22 protection of the minor or of the person or property of another
1670-23 that the minor be placed in a shelter care facility or that the
1671-24 minor is likely to flee the jurisdiction of the court, and must
1672-25 further find that reasonable efforts have been made or that,
1673-26 consistent with the health, safety and best interests of the
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1625+ HB3365 - 45 - LRB104 10403 RLC 20478 b
1626+1 at which hearing the court shall determine whether it is
1627+2 consistent with the health, safety and best interests of the
1628+3 minor and the public that he be made a ward of the court. To
1629+4 assist the court in making this and other determinations at
1630+5 the dispositional hearing, the court may order that an
1631+6 investigation be conducted and a dispositional report be
1632+7 prepared concerning the minor's physical and mental history
1633+8 and condition, family situation and background, economic
1634+9 status, education, occupation, history of delinquency or
1635+10 criminality, personal habits, and any other information that
1636+11 may be helpful to the court. The dispositional hearing may be
1637+12 continued once for a period not to exceed 30 days if the court
1638+13 finds that such continuance is necessary to complete the
1639+14 dispositional report.
1640+15 (3) The time limits of this Section may be waived only by
1641+16 consent of all parties and approval by the court, as
1642+17 determined to be consistent with the health, safety and best
1643+18 interests of the minor.
1644+19 (4) For all cases adjudicated prior to July 1, 1991, for
1645+20 which no dispositional hearing has been held prior to that
1646+21 date, a dispositional hearing under Section 2-22 shall be held
1647+22 within 90 days of July 1, 1991.
1648+23 (5) The court may terminate the parental rights of a
1649+24 parent at the initial dispositional hearing if all of the
1650+25 following conditions are met:
1651+26 (i) the original or amended petition contains a
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1684-1 minor, no efforts reasonably can be made to prevent or
1685-2 eliminate the necessity of removal of the minor from the
1686-3 minor's home. Domestic violence that is perpetrated against
1687-4 someone other than the minor where there is no demonstrated
1688-5 likelihood of present and imminent bodily harm to the minor is
1689-6 not sufficient to determine that an urgent and immediate
1690-7 necessity exists to remove a minor from a parent who is not the
1691-8 perpetrator of that domestic violence. The court shall require
1692-9 documentation from the Department of Children and Family
1693-10 Services as to the reasonable efforts that were made to
1694-11 prevent or eliminate the necessity of removal of the minor
1695-12 from the minor's home or the reasons why no efforts reasonably
1696-13 could be made to prevent or eliminate the necessity of
1697-14 removal. When a minor is placed in the home of a relative, the
1698-15 Department of Children and Family Services shall complete a
1699-16 preliminary background review of the members of the minor's
1700-17 custodian's household in accordance with Section 3.4 or 4.3 of
1701-18 the Child Care Act of 1969 within 90 days of that placement. If
1702-19 the minor is not placed in the home of a relative, the court
1703-20 shall require evidence from the Department as to the efforts
1704-21 that were made to place the minor in the home of a relative or
1705-22 the reasons why no efforts reasonably could be made to place
1706-23 the minor in the home of a relative, consistent with the best
1707-24 interests of the minor. If the minor is ordered placed in a
1708-25 shelter care facility of the Department of Children and Family
1709-26 Services or a licensed child welfare agency, the court shall,
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1661+ HB3365 - 46 - LRB104 10403 RLC 20478 b
1662+1 request for termination of parental rights and appointment
1663+2 of a guardian with power to consent to adoption; and
1664+3 (ii) the court has found by a preponderance of
1665+4 evidence, introduced or stipulated to at an adjudicatory
1666+5 hearing, that the child comes under the jurisdiction of
1667+6 the court as an abused, neglected, or dependent minor
1668+7 under Section 2-18; and
1669+8 (iii) the court finds, on the basis of clear and
1670+9 convincing evidence admitted at the adjudicatory hearing
1671+10 that the parent is an unfit person under subdivision D of
1672+11 Section 1 of the Adoption Act; and
1673+12 (iv) the court determines in accordance with the rules
1674+13 of evidence for dispositional proceedings, that:
1675+14 (A) it is in the best interest of the minor and
1676+15 public that the child be made a ward of the court;
1677+16 (A-5) reasonable efforts under subsection (l-1) of
1678+17 Section 5 of the Children and Family Services Act are
1679+18 inappropriate or such efforts were made and were
1680+19 unsuccessful; and
1681+20 (B) termination of parental rights and appointment
1682+21 of a guardian with power to consent to adoption is in
1683+22 the best interest of the child pursuant to Section
1684+23 2-29.
1685+24 (Source: P.A. 102-538, eff. 8-20-21.)
1686+25 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
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1720-1 upon request of the appropriate Department or other agency,
1721-2 appoint the Department of Children and Family Services
1722-3 Guardianship Administrator or other appropriate agency
1723-4 executive temporary custodian of the minor and the court may
1724-5 enter such other orders related to the temporary custody as it
1725-6 deems fit and proper, including the provision of services to
1726-7 the minor or the minor's family to ameliorate the causes
1727-8 contributing to the finding of probable cause or to the
1728-9 finding of the existence of immediate and urgent necessity.
1729-10 Where the Department of Children and Family Services
1730-11 Guardianship Administrator is appointed as the executive
1731-12 temporary custodian, the Department of Children and Family
1732-13 Services shall file with the court and serve on the parties a
1733-14 parent-child visiting plan, within 10 days, excluding weekends
1734-15 and holidays, after the appointment. The parent-child visiting
1735-16 plan shall set out the time and place of visits, the frequency
1736-17 of visits, the length of visits, who shall be present at the
1737-18 visits, and where appropriate, the minor's opportunities to
1738-19 have telephone and mail communication with the parents.
1739-20 Where the Department of Children and Family Services
1740-21 Guardianship Administrator is appointed as the executive
1741-22 temporary custodian, and when the child has siblings in care,
1742-23 the Department of Children and Family Services shall file with
1743-24 the court and serve on the parties a sibling placement and
1744-25 contact plan within 10 days, excluding weekends and holidays,
1745-26 after the appointment. The sibling placement and contact plan
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1696+ HB3365 - 47 - LRB104 10403 RLC 20478 b
1697+1 Sec. 2-27. Placement; legal custody or guardianship.
1698+2 (1) If the court determines and puts in writing the
1699+3 factual basis supporting the determination of whether a parent
1700+4 the parents, guardian, or legal custodian of a minor adjudged
1701+5 a ward of the court is are unfit or is are unable, for a reason
1702+6 sufficient and independent from financial circumstances or
1703+7 domestic violence against a parent, guardian, or custodian who
1704+8 experienced domestic violence, for some reason other than
1705+9 financial circumstances alone, to care for, protect, train or
1706+10 discipline the minor or are unwilling to do so, and that the
1707+11 health, safety, and best interest of the minor will be
1708+12 jeopardized if the minor remains in the custody of the minor's
1709+13 parents, guardian or custodian, the court may at this hearing
1710+14 and at any later point:
1711+15 (a) place the minor in the custody of a suitable
1712+16 relative or other person as legal custodian or guardian;
1713+17 (a-5) with the approval of the Department of Children
1714+18 and Family Services, place the minor in the subsidized
1715+19 guardianship of a suitable relative or other person as
1716+20 legal guardian; "subsidized guardianship" means a private
1717+21 guardianship arrangement for children for whom the
1718+22 permanency goals of return home and adoption have been
1719+23 ruled out and who meet the qualifications for subsidized
1720+24 guardianship as defined by the Department of Children and
1721+25 Family Services in administrative rules;
1722+26 (b) place the minor under the guardianship of a
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1756-1 shall set forth whether the siblings are placed together, and
1757-2 if they are not placed together, what, if any, efforts are
1758-3 being made to place them together. If the Department has
1759-4 determined that it is not in a child's best interest to be
1760-5 placed with a sibling, the Department shall document in the
1761-6 sibling placement and contact plan the basis for its
1762-7 determination. For siblings placed separately, the sibling
1763-8 placement and contact plan shall set the time and place for
1764-9 visits, the frequency of the visits, the length of visits, who
1765-10 shall be present for the visits, and where appropriate, the
1766-11 child's opportunities to have contact with their siblings in
1767-12 addition to in person contact. If the Department determines it
1768-13 is not in the best interest of a sibling to have contact with a
1769-14 sibling, the Department shall document in the sibling
1770-15 placement and contact plan the basis for its determination.
1771-16 The sibling placement and contact plan shall specify a date
1772-17 for development of the Sibling Contact Support Plan, under
1773-18 subsection (f) of Section 7.4 of the Children and Family
1774-19 Services Act, and shall remain in effect until the Sibling
1775-20 Contact Support Plan is developed.
1776-21 For good cause, the court may waive the requirement to
1777-22 file the parent-child visiting plan or the sibling placement
1778-23 and contact plan, or extend the time for filing either plan.
1779-24 Any party may, by motion, request the court to review the
1780-25 parent-child visiting plan to determine whether it is
1781-26 reasonably calculated to expeditiously facilitate the
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1732+ HB3365 - 48 - LRB104 10403 RLC 20478 b
1733+1 probation officer;
1734+2 (c) commit the minor to an agency for care or
1735+3 placement, except an institution under the authority of
1736+4 the Department of Corrections or of the Department of
1737+5 Children and Family Services;
1738+6 (d) on and after the effective date of this amendatory
1739+7 Act of the 98th General Assembly and before January 1,
1740+8 2017, commit the minor to the Department of Children and
1741+9 Family Services for care and service; however, a minor
1742+10 charged with a criminal offense under the Criminal Code of
1743+11 1961 or the Criminal Code of 2012 or adjudicated
1744+12 delinquent shall not be placed in the custody of or
1745+13 committed to the Department of Children and Family
1746+14 Services by any court, except (i) a minor less than 16
1747+15 years of age and committed to the Department of Children
1748+16 and Family Services under Section 5-710 of this Act, (ii)
1749+17 a minor under the age of 18 for whom an independent basis
1750+18 of abuse, neglect, or dependency exists, or (iii) a minor
1751+19 for whom the court has granted a supplemental petition to
1752+20 reinstate wardship pursuant to subsection (2) of Section
1753+21 2-33 of this Act. On and after January 1, 2017, commit the
1754+22 minor to the Department of Children and Family Services
1755+23 for care and service; however, a minor charged with a
1756+24 criminal offense under the Criminal Code of 1961 or the
1757+25 Criminal Code of 2012 or adjudicated delinquent shall not
1758+26 be placed in the custody of or committed to the Department
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1792-1 achievement of the permanency goal. A party may, by motion,
1793-2 request the court to review the parent-child visiting plan or
1794-3 the sibling placement and contact plan to determine whether it
1795-4 is consistent with the minor's best interest. The court may
1796-5 refer the parties to mediation where available. The frequency,
1797-6 duration, and locations of visitation shall be measured by the
1798-7 needs of the child and family, and not by the convenience of
1799-8 Department personnel. Child development principles shall be
1800-9 considered by the court in its analysis of how frequent
1801-10 visitation should be, how long it should last, where it should
1802-11 take place, and who should be present. If upon motion of the
1803-12 party to review either plan and after receiving evidence, the
1804-13 court determines that the parent-child visiting plan is not
1805-14 reasonably calculated to expeditiously facilitate the
1806-15 achievement of the permanency goal or that the restrictions
1807-16 placed on parent-child contact or sibling placement or contact
1808-17 are contrary to the child's best interests, the court shall
1809-18 put in writing the factual basis supporting the determination
1810-19 and enter specific findings based on the evidence. The court
1811-20 shall enter an order for the Department to implement changes
1812-21 to the parent-child visiting plan or sibling placement or
1813-22 contact plan, consistent with the court's findings. At any
1814-23 stage of proceeding, any party may by motion request the court
1815-24 to enter any orders necessary to implement the parent-child
1816-25 visiting plan, sibling placement or contact plan, or
1817-26 subsequently developed Sibling Contact Support Plan. Nothing
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1768+ HB3365 - 49 - LRB104 10403 RLC 20478 b
1769+1 of Children and Family Services by any court, except (i) a
1770+2 minor less than 15 years of age and committed to the
1771+3 Department of Children and Family Services under Section
1772+4 5-710 of this Act, (ii) a minor under the age of 18 for
1773+5 whom an independent basis of abuse, neglect, or dependency
1774+6 exists, or (iii) a minor for whom the court has granted a
1775+7 supplemental petition to reinstate wardship pursuant to
1776+8 subsection (2) of Section 2-33 of this Act. An independent
1777+9 basis exists when the allegations or adjudication of
1778+10 abuse, neglect, or dependency do not arise from the same
1779+11 facts, incident, or circumstances which give rise to a
1780+12 charge or adjudication of delinquency. The Department
1781+13 shall be given due notice of the pendency of the action and
1782+14 the Guardianship Administrator of the Department of
1783+15 Children and Family Services shall be appointed guardian
1784+16 of the person of the minor. Whenever the Department seeks
1785+17 to discharge a minor from its care and service, the
1786+18 Guardianship Administrator shall petition the court for an
1787+19 order terminating guardianship. The Guardianship
1788+20 Administrator may designate one or more other officers of
1789+21 the Department, appointed as Department officers by
1790+22 administrative order of the Department Director,
1791+23 authorized to affix the signature of the Guardianship
1792+24 Administrator to documents affecting the guardian-ward
1793+25 relationship of children for whom the Guardianship
1794+26 Administrator has been appointed guardian at such times as
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1828-1 under this subsection (2) shall restrict the court from
1829-2 granting discretionary authority to the Department to increase
1830-3 opportunities for additional parent-child contacts or sibling
1831-4 contacts, without further court orders. Nothing in this
1832-5 subsection (2) shall restrict the Department from immediately
1833-6 restricting or terminating parent-child contact or sibling
1834-7 contacts, without either amending the parent-child visiting
1835-8 plan or the sibling contact plan or obtaining a court order,
1836-9 where the Department or its assigns reasonably believe there
1837-10 is an immediate need to protect the child's health, safety,
1838-11 and welfare. Such restrictions or terminations must be based
1839-12 on available facts to the Department and its assigns when
1840-13 viewed in light of the surrounding circumstances and shall
1841-14 only occur on an individual case-by-case basis. The Department
1842-15 shall file with the court and serve on the parties any
1843-16 amendments to the plan within 10 days, excluding weekends and
1844-17 holidays, of the change of the visitation.
1845-18 Acceptance of services shall not be considered an
1846-19 admission of any allegation in a petition made pursuant to
1847-20 this Act, nor may a referral of services be considered as
1848-21 evidence in any proceeding pursuant to this Act, except where
1849-22 the issue is whether the Department has made reasonable
1850-23 efforts to reunite the family. In making its findings that it
1851-24 is consistent with the health, safety, and best interests of
1852-25 the minor to prescribe shelter care, the court shall state in
1853-26 writing (i) the factual basis supporting its findings
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1805+1 the Guardianship Administrator is unable to perform the
1806+2 duties of the Guardianship Administrator office. The
1807+3 signature authorization shall include but not be limited
1808+4 to matters of consent of marriage, enlistment in the armed
1809+5 forces, legal proceedings, adoption, major medical and
1810+6 surgical treatment and application for driver's license.
1811+7 Signature authorizations made pursuant to the provisions
1812+8 of this paragraph shall be filed with the Secretary of
1813+9 State and the Secretary of State shall provide upon
1814+10 payment of the customary fee, certified copies of the
1815+11 authorization to any court or individual who requests a
1816+12 copy.
1817+13 (1.5) In making a determination under this Section, the
1818+14 court shall also consider whether, based on health, safety,
1819+15 and the best interests of the minor,
1820+16 (a) appropriate services aimed at family preservation
1821+17 and family reunification have been unsuccessful in
1822+18 rectifying the conditions that have led to a finding of
1823+19 unfitness or inability to care for, protect, train, or
1824+20 discipline the minor, or
1825+21 (b) no family preservation or family reunification
1826+22 services would be appropriate,
1827+23 and if the petition or amended petition contained an
1828+24 allegation that the parent is an unfit person as defined in
1829+25 subdivision (D) of Section 1 of the Adoption Act, and the order
1830+26 of adjudication recites that parental unfitness was
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1864-1 concerning the immediate and urgent necessity for the
1865-2 protection of the minor or of the person or property of another
1866-3 and (ii) the factual basis supporting its findings that
1867-4 reasonable efforts were made to prevent or eliminate the
1868-5 removal of the minor from the minor's home or that no efforts
1869-6 reasonably could be made to prevent or eliminate the removal
1870-7 of the minor from the minor's home. The parents, guardian,
1871-8 custodian, temporary custodian, and minor shall each be
1872-9 furnished a copy of such written findings. The temporary
1873-10 custodian shall maintain a copy of the court order and written
1874-11 findings in the case record for the child. The order together
1875-12 with the court's findings of fact in support thereof shall be
1876-13 entered of record in the court.
1877-14 Once the court finds that it is a matter of immediate and
1878-15 urgent necessity for the protection of the minor that the
1879-16 minor be placed in a shelter care facility, the minor shall not
1880-17 be returned to the parent, custodian, or guardian until the
1881-18 court finds that such placement is no longer necessary for the
1882-19 protection of the minor.
1883-20 If the child is placed in the temporary custody of the
1884-21 Department of Children and Family Services for the minor's
1885-22 protection, the court shall admonish the parents, guardian,
1886-23 custodian, or responsible relative that the parents must
1887-24 cooperate with the Department of Children and Family Services,
1888-25 comply with the terms of the service plans, and correct the
1889-26 conditions which require the child to be in care, or risk
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1841+1 established by clear and convincing evidence, the court shall,
1842+2 when appropriate and in the best interest of the minor, enter
1843+3 an order terminating parental rights and appointing a guardian
1844+4 with power to consent to adoption in accordance with Section
1845+5 2-29.
1846+6 (1.7) In making a determination under this Section, the
1847+7 court shall presume that it is consistent with the health,
1848+8 safety, and best interests of the minor to remain in the
1849+9 custody of a parent, guardian, or custodian who experienced
1850+10 domestic violence, unless the court has determined that the
1851+11 parent, guardian, or custodian who experienced domestic
1852+12 violence has committed acts or omissions unrelated to domestic
1853+13 violence against that parent, guardian, or custodian that is
1854+14 sufficient to independently support a determination of abuse
1855+15 or neglect under this Act.
1856+16 When making a placement, the court, wherever possible,
1857+17 shall require the Department of Children and Family Services
1858+18 to select a person holding the same religious belief as that of
1859+19 the minor or a private agency controlled by persons of like
1860+20 religious faith of the minor and shall require the Department
1861+21 to otherwise comply with Section 7 of the Children and Family
1862+22 Services Act in placing the child. In addition, whenever
1863+23 alternative plans for placement are available, the court shall
1864+24 ascertain and consider, to the extent appropriate in the
1865+25 particular case, the views and preferences of the minor.
1866+26 (2) When a minor is placed with a suitable relative or
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1900-1 termination of their parental rights. The court shall ensure,
1901-2 by inquiring in open court of each parent, guardian,
1902-3 custodian, or responsible relative, that the parent, guardian,
1903-4 custodian, or responsible relative has had the opportunity to
1904-5 provide the Department with all known names, addresses, and
1905-6 telephone numbers of each of the minor's living adult
1906-7 relatives, including, but not limited to, grandparents,
1907-8 siblings of the minor's parents, and siblings. The court shall
1908-9 advise the parents, guardian, custodian, or responsible
1909-10 relative to inform the Department if additional information
1910-11 regarding the minor's adult relatives becomes available.
1911-12 (2.5) When the court places the minor in the temporary
1912-13 custody of the Department, the court shall inquire of the
1913-14 Department's initial family finding and relative engagement
1914-15 efforts, as described in Section 7 of the Children and Family
1915-16 Services Act, and the Department shall complete any remaining
1916-17 family finding and relative engagement efforts required under
1917-18 Section 7 of the Children and Family Services Act within 30
1918-19 days of the minor being taken into temporary custody. The
1919-20 Department shall complete new family finding and relative
1920-21 engagement efforts in accordance with Section 7 of the
1921-22 Children and Family Services Act for relatives of the minor
1922-23 within 30 days of an unknown parent's identity being
1923-24 determined or a parent whose whereabouts were unknown being
1924-25 located.
1925-26 (3) If prior to the shelter care hearing for a minor
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1877+1 other person pursuant to item (a) of subsection (1), the court
1878+2 shall appoint the suitable relative or other person the legal
1879+3 custodian or guardian of the person of the minor. When a minor
1880+4 is committed to any agency, the court shall appoint the proper
1881+5 officer or representative thereof as legal custodian or
1882+6 guardian of the person of the minor. Legal custodians and
1883+7 guardians of the person of the minor have the respective
1884+8 rights and duties set forth in subsection (9) of Section 1-3
1885+9 except as otherwise provided by order of court; but no
1886+10 guardian of the person may consent to adoption of the minor
1887+11 unless that authority is conferred upon the guardian in
1888+12 accordance with Section 2-29. An agency whose representative
1889+13 is appointed guardian of the person or legal custodian of the
1890+14 minor may place the minor in any child care facility, but the
1891+15 facility must be licensed under the Child Care Act of 1969 or
1892+16 have been approved by the Department of Children and Family
1893+17 Services as meeting the standards established for such
1894+18 licensing. No agency may place a minor adjudicated under
1895+19 Sections 2-3 or 2-4 in a child care facility unless the
1896+20 placement is in compliance with the rules and regulations for
1897+21 placement under this Section promulgated by the Department of
1898+22 Children and Family Services under Section 5 of the Children
1899+23 and Family Services Act. Like authority and restrictions shall
1900+24 be conferred by the court upon any probation officer who has
1901+25 been appointed guardian of the person of a minor.
1902+26 (3) No placement by any probation officer or agency whose
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1936-1 described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
1937-2 is unable to serve notice on the party respondent, the shelter
1938-3 care hearing may proceed ex parte. A shelter care order from an
1939-4 ex parte hearing shall be endorsed with the date and hour of
1940-5 issuance and shall be filed with the clerk's office and
1941-6 entered of record. The order shall expire after 10 days from
1942-7 the time it is issued unless before its expiration it is
1943-8 renewed, at a hearing upon appearance of the party respondent,
1944-9 or upon an affidavit of the moving party as to all diligent
1945-10 efforts to notify the party respondent by notice as herein
1946-11 prescribed. The notice prescribed shall be in writing and
1947-12 shall be personally delivered to the minor or the minor's
1948-13 attorney and to the last known address of the other person or
1949-14 persons entitled to notice. The notice shall also state the
1950-15 nature of the allegations, the nature of the order sought by
1951-16 the State, including whether temporary custody is sought, and
1952-17 the consequences of failure to appear and shall contain a
1953-18 notice that the parties will not be entitled to further
1954-19 written notices or publication notices of proceedings in this
1955-20 case, including the filing of an amended petition or a motion
1956-21 to terminate parental rights, except as required by Supreme
1957-22 Court Rule 11; and shall explain the right of the parties and
1958-23 the procedures to vacate or modify a shelter care order as
1959-24 provided in this Section. The notice for a shelter care
1960-25 hearing shall be substantially as follows:
1961-26 NOTICE TO PARENTS AND CHILDREN
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1972-1 OF SHELTER CARE HEARING
1973-2 On ................ at ........., before the Honorable
1974-3 ................, (address:) ................., the State
1975-4 of Illinois will present evidence (1) that (name of child
1976-5 or children) ....................... are abused,
1977-6 neglected, or dependent for the following reasons:
1978-7 .............................................. and (2)
1979-8 whether there is "immediate and urgent necessity" to
1980-9 remove the child or children from the responsible
1981-10 relative.
1982-11 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
1983-12 PLACEMENT of the child or children in foster care until a
1984-13 trial can be held. A trial may not be held for up to 90
1985-14 days. You will not be entitled to further notices of
1986-15 proceedings in this case, including the filing of an
1987-16 amended petition or a motion to terminate parental rights.
1988-17 At the shelter care hearing, parents have the
1989-18 following rights:
1990-19 1. To ask the court to appoint a lawyer if they
1991-20 cannot afford one.
1992-21 2. To ask the court to continue the hearing to
1993-22 allow them time to prepare.
1994-23 3. To present evidence concerning:
1995-24 a. Whether or not the child or children were
1996-25 abused, neglected or dependent.
1997-26 b. Whether or not there is "immediate and
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2008-1 urgent necessity" to remove the child from home
2009-2 (including: their ability to care for the child,
2010-3 conditions in the home, alternative means of
2011-4 protecting the child other than removal).
2012-5 c. The best interests of the child.
2013-6 4. To cross examine the State's witnesses.
2014-7 The Notice for rehearings shall be substantially as
2015-8 follows:
2016-9 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
2017-10 TO REHEARING ON TEMPORARY CUSTODY
2018-11 If you were not present at and did not have adequate
2019-12 notice of the Shelter Care Hearing at which temporary
2020-13 custody of ............... was awarded to
2021-14 ................, you have the right to request a full
2022-15 rehearing on whether the State should have temporary
2023-16 custody of ................. To request this rehearing,
2024-17 you must file with the Clerk of the Juvenile Court
2025-18 (address): ........................, in person or by
2026-19 mailing a statement (affidavit) setting forth the
2027-20 following:
2028-21 1. That you were not present at the shelter care
2029-22 hearing.
2030-23 2. That you did not get adequate notice
2031-24 (explaining how the notice was inadequate).
2032-25 3. Your signature.
2033-
2034-
2035-
2036-
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2043-1 4. Signature must be notarized.
2044-2 The rehearing should be scheduled within 48 hours of
2045-3 your filing this affidavit.
2046-4 At the rehearing, your rights are the same as at the
2047-5 initial shelter care hearing. The enclosed notice explains
2048-6 those rights.
2049-7 At the Shelter Care Hearing, children have the
2050-8 following rights:
2051-9 1. To have a guardian ad litem appointed.
2052-10 2. To be declared competent as a witness and to
2053-11 present testimony concerning:
2054-12 a. Whether they are abused, neglected or
2055-13 dependent.
2056-14 b. Whether there is "immediate and urgent
2057-15 necessity" to be removed from home.
2058-16 c. Their best interests.
2059-17 3. To cross examine witnesses for other parties.
2060-18 4. To obtain an explanation of any proceedings and
2061-19 orders of the court.
2062-20 (4) If the parent, guardian, legal custodian, responsible
2063-21 relative, minor age 8 or over, or counsel of the minor did not
2064-22 have actual notice of or was not present at the shelter care
2065-23 hearing, the parent, guardian, legal custodian, responsible
2066-24 relative, minor age 8 or over, or counsel of the minor may file
2067-25 an affidavit setting forth these facts, and the clerk shall
2068-26 set the matter for rehearing not later than 48 hours,
2069-
2070-
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2079-1 excluding Sundays and legal holidays, after the filing of the
2080-2 affidavit. At the rehearing, the court shall proceed in the
2081-3 same manner as upon the original hearing.
2082-4 (5) Only when there is reasonable cause to believe that
2083-5 the minor taken into custody is a person described in
2084-6 subsection (3) of Section 5-105 may the minor be kept or
2085-7 detained in a detention home or county or municipal jail. This
2086-8 Section shall in no way be construed to limit subsection (6).
2087-9 (6) No minor under 16 years of age may be confined in a
2088-10 jail or place ordinarily used for the confinement of prisoners
2089-11 in a police station. Minors under 18 years of age must be kept
2090-12 separate from confined adults and may not at any time be kept
2091-13 in the same cell, room, or yard with adults confined pursuant
2092-14 to the criminal law.
2093-15 (7) If the minor is not brought before a judicial officer
2094-16 within the time period as specified in Section 2-9, the minor
2095-17 must immediately be released from custody.
2096-18 (8) If neither the parent, guardian, or custodian appears
2097-19 within 24 hours to take custody of a minor released upon
2098-20 request pursuant to subsection (2) of this Section, then the
2099-21 clerk of the court shall set the matter for rehearing not later
2100-22 than 7 days after the original order and shall issue a summons
2101-23 directed to the parent, guardian, or custodian to appear. At
2102-24 the same time the probation department shall prepare a report
2103-25 on the minor. If a parent, guardian, or custodian does not
2104-26 appear at such rehearing, the judge may enter an order
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2115-1 prescribing that the minor be kept in a suitable place
2116-2 designated by the Department of Children and Family Services
2117-3 or a licensed child welfare agency.
2118-4 (9) Notwithstanding any other provision of this Section
2119-5 any interested party, including the State, the temporary
2120-6 custodian, an agency providing services to the minor or family
2121-7 under a service plan pursuant to Section 8.2 of the Abused and
2122-8 Neglected Child Reporting Act, foster parent, or any of their
2123-9 representatives, on notice to all parties entitled to notice,
2124-10 may file a motion that it is in the best interests of the minor
2125-11 to modify or vacate a temporary custody order on any of the
2126-12 following grounds:
2127-13 (a) It is no longer a matter of immediate and urgent
2128-14 necessity that the minor remain in shelter care; or
2129-15 (b) There is a material change in the circumstances of
2130-16 the natural family from which the minor was removed and
2131-17 the child can be cared for at home without endangering the
2132-18 child's health or safety; or
2133-19 (c) A person not a party to the alleged abuse, neglect
2134-20 or dependency, including a parent, relative, or legal
2135-21 guardian, is capable of assuming temporary custody of the
2136-22 minor; or
2137-23 (d) Services provided by the Department of Children
2138-24 and Family Services or a child welfare agency or other
2139-25 service provider have been successful in eliminating the
2140-26 need for temporary custody and the child can be cared for
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2151-1 at home without endangering the child's health or safety.
2152-2 In ruling on the motion, the court shall determine whether
2153-3 it is consistent with the health, safety, and best interests
2154-4 of the minor to modify or vacate a temporary custody order. If
2155-5 the minor is being restored to the custody of a parent, legal
2156-6 custodian, or guardian who lives outside of Illinois, and an
2157-7 Interstate Compact has been requested and refused, the court
2158-8 may order the Department of Children and Family Services to
2159-9 arrange for an assessment of the minor's proposed living
2160-10 arrangement and for ongoing monitoring of the health, safety,
2161-11 and best interest of the minor and compliance with any order of
2162-12 protective supervision entered in accordance with Section 2-20
2163-13 or 2-25.
2164-14 The clerk shall set the matter for hearing not later than
2165-15 14 days after such motion is filed. In the event that the court
2166-16 modifies or vacates a temporary custody order but does not
2167-17 vacate its finding of probable cause, the court may order that
2168-18 appropriate services be continued or initiated in behalf of
2169-19 the minor and the minor's family.
2170-20 (10) When the court finds or has found that there is
2171-21 probable cause to believe a minor is an abused minor as
2172-22 described in subsection (2) of Section 2-3 and that there is an
2173-23 immediate and urgent necessity for the abused minor to be
2174-24 placed in shelter care, immediate and urgent necessity shall
2175-25 be presumed for any other minor residing in the same household
2176-26 as the abused minor provided:
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2187-1 (a) Such other minor is the subject of an abuse or
2188-2 neglect petition pending before the court; and
2189-3 (b) A party to the petition is seeking shelter care
2190-4 for such other minor.
2191-5 Once the presumption of immediate and urgent necessity has
2192-6 been raised, the burden of demonstrating the lack of immediate
2193-7 and urgent necessity shall be on any party that is opposing
2194-8 shelter care for the other minor.
2195-9 (11) The changes made to this Section by Public Act 98-61
2196-10 apply to a minor who has been arrested or taken into custody on
2197-11 or after January 1, 2014 (the effective date of Public Act
2198-12 98-61).
2199-13 (12) After the court has placed a minor in the care of a
2200-14 temporary custodian pursuant to this Section, any party may
2201-15 file a motion requesting the court to grant the temporary
2202-16 custodian the authority to serve as a surrogate decision maker
2203-17 for the minor under the Health Care Surrogate Act for purposes
2204-18 of making decisions pursuant to paragraph (1) of subsection
2205-19 (b) of Section 20 of the Health Care Surrogate Act. The court
2206-20 may grant the motion if it determines by clear and convincing
2207-21 evidence that it is in the best interests of the minor to grant
2208-22 the temporary custodian such authority. In making its
2209-23 determination, the court shall weigh the following factors in
2210-24 addition to considering the best interests factors listed in
2211-25 subsection (4.05) of Section 1-3 of this Act:
2212-26 (a) the efforts to identify and locate the respondents
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2223-1 and adult family members of the minor and the results of
2224-2 those efforts;
2225-3 (b) the efforts to engage the respondents and adult
2226-4 family members of the minor in decision making on behalf
2227-5 of the minor;
2228-6 (c) the length of time the efforts in paragraphs (a)
2229-7 and (b) have been ongoing;
2230-8 (d) the relationship between the respondents and adult
2231-9 family members and the minor;
2232-10 (e) medical testimony regarding the extent to which
2233-11 the minor is suffering and the impact of a delay in
2234-12 decision-making on the minor; and
2235-13 (f) any other factor the court deems relevant.
2236-14 If the Department of Children and Family Services is the
2237-15 temporary custodian of the minor, in addition to the
2238-16 requirements of paragraph (1) of subsection (b) of Section 20
2239-17 of the Health Care Surrogate Act, the Department shall follow
2240-18 its rules and procedures in exercising authority granted under
2241-19 this subsection.
2242-20 (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
2243-21 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-605, eff.
2244-22 7-1-24; 103-1061, eff. 7-1-25.)
2245-23 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
2246-24 Sec. 2-21. Findings and adjudication.
2247-25 (1) The court shall state for the record the manner in
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2258-1 which the parties received service of process and shall note
2259-2 whether the return or returns of service, postal return
2260-3 receipt or receipts for notice by certified mail, or
2261-4 certificate or certificates of publication have been filed in
2262-5 the court record. The court shall enter any appropriate orders
2263-6 of default against any parent who has been properly served in
2264-7 any manner and fails to appear.
2265-8 No further service of process as defined in Sections 2-15
2266-9 and 2-16 is required in any subsequent proceeding for a parent
2267-10 who was properly served in any manner, except as required by
2268-11 Supreme Court Rule 11.
2269-12 The caseworker shall testify about the diligent search
2270-13 conducted for the parent.
2271-14 After hearing the evidence the court shall determine
2272-15 whether or not the minor is abused, neglected, or dependent.
2273-16 If it finds that the minor is not such a person, the court
2274-17 shall order the petition dismissed and the minor discharged.
2275-18 The court's determination of whether the minor is abused,
2276-19 neglected, or dependent shall be stated in writing with the
2277-20 factual basis supporting that determination.
2278-21 If the court finds that the minor is abused, neglected, or
2279-22 dependent, the court shall then determine and put in writing
2280-23 the factual basis supporting that determination, and specify,
2281-24 to the extent possible, the acts or omissions or both of each
2282-25 parent, guardian, or legal custodian that form the basis of
2283-26 the court's findings. In making such findings, the factual
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2294-1 basis supporting a determination that the child has been
2295-2 abused, neglected, or dependent must be sufficient and
2296-3 independent of exposure to domestic violence that is
2297-4 perpetrated against someone other than the child where there
2298-5 is no demonstrated likelihood of imminent bodily harm to the
2299-6 child. That finding shall appear in the order of the court.
2300-7 If the court finds that the child has been abused,
2301-8 neglected or dependent, the court shall admonish the parents
2302-9 that they must cooperate with the Department of Children and
2303-10 Family Services, comply with the terms of the service plan,
2304-11 and correct the conditions that require the child to be in
2305-12 care, or risk termination of parental rights.
2306-13 If the court determines that a person has inflicted
2307-14 physical or sexual abuse upon a minor, the court shall report
2308-15 that determination to the Illinois State Police, which shall
2309-16 include that information in its report to the President of the
2310-17 school board for a school district that requests a criminal
2311-18 history records check of that person, or the regional
2312-19 superintendent of schools who requests a check of that person,
2313-20 as required under Section 10-21.9 or 34-18.5 of the School
2314-21 Code.
2315-22 (2) If, pursuant to subsection (1) of this Section, the
2316-23 court determines and puts in writing the factual basis
2317-24 supporting the determination that the minor is either abused
2318-25 or neglected or dependent, the court shall then set a time not
2319-26 later than 30 days after the entry of the finding for a
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2330-1 dispositional hearing (unless an earlier date is required
2331-2 pursuant to Section 2-13.1) to be conducted under Section 2-22
2332-3 at which hearing the court shall determine whether it is
2333-4 consistent with the health, safety and best interests of the
2334-5 minor and the public that the minor be made a ward of the
2335-6 court. To assist the court in making this and other
2336-7 determinations at the dispositional hearing, the court may
2337-8 order that an investigation be conducted and a dispositional
2338-9 report be prepared concerning the minor's physical and mental
2339-10 history and condition, family situation and background,
2340-11 economic status, education, occupation, history of delinquency
2341-12 or criminality, personal habits, and any other information
2342-13 that may be helpful to the court. The dispositional hearing
2343-14 may be continued once for a period not to exceed 30 days if the
2344-15 court finds that such continuance is necessary to complete the
2345-16 dispositional report.
2346-17 (3) The time limits of this Section may be waived only by
2347-18 consent of all parties and approval by the court, as
2348-19 determined to be consistent with the health, safety and best
2349-20 interests of the minor.
2350-21 (4) For all cases adjudicated prior to July 1, 1991, for
2351-22 which no dispositional hearing has been held prior to that
2352-23 date, a dispositional hearing under Section 2-22 shall be held
2353-24 within 90 days of July 1, 1991.
2354-25 (5) The court may terminate the parental rights of a
2355-26 parent at the initial dispositional hearing if all of the
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2366-1 following conditions are met:
2367-2 (i) the original or amended petition contains a
2368-3 request for termination of parental rights and appointment
2369-4 of a guardian with power to consent to adoption; and
2370-5 (ii) the court has found by a preponderance of
2371-6 evidence, introduced or stipulated to at an adjudicatory
2372-7 hearing, that the child comes under the jurisdiction of
2373-8 the court as an abused, neglected, or dependent minor
2374-9 under Section 2-18; and
2375-10 (iii) the court finds, on the basis of clear and
2376-11 convincing evidence admitted at the adjudicatory hearing
2377-12 that the parent is an unfit person under subdivision D of
2378-13 Section 1 of the Adoption Act; and
2379-14 (iv) the court determines in accordance with the rules
2380-15 of evidence for dispositional proceedings, that:
2381-16 (A) it is in the best interest of the minor and
2382-17 public that the child be made a ward of the court;
2383-18 (A-1) the petitioner has demonstrated that the
2384-19 Department has discussed the permanency options of
2385-20 guardianship and adoption with the caregiver and the
2386-21 Department has informed the court of the caregiver's
2387-22 wishes as to the permanency goal;
2388-23 (A-5) reasonable efforts under subsection (l-1) of
2389-24 Section 5 of the Children and Family Services Act are
2390-25 inappropriate or such efforts were made and were
2391-26 unsuccessful; and
2392-
2393-
2394-
2395-
2396-
2397- HB3365 Engrossed - 67 - LRB104 10403 RLC 20478 b
2398-
2399-
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2401- HB3365 Engrossed - 68 - LRB104 10403 RLC 20478 b
2402-1 (B) termination of parental rights and appointment
2403-2 of a guardian with power to consent to adoption is in
2404-3 the best interest of the child pursuant to Section
2405-4 2-29.
2406-5 (Source: P.A. 102-538, eff. 8-20-21; 103-1061, eff. 2-5-25.)
2407-6 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
2408-7 (Text of Section before amendment by P.A. 103-1061)
2409-8 Sec. 2-27. Placement; legal custody or guardianship.
2410-9 (1) If the court determines and puts in writing the
2411-10 factual basis supporting the determination of whether the
2412-11 parents, guardian, or legal custodian of a minor adjudged a
2413-12 ward of the court are unfit or are unable, for some reason
2414-13 other than financial circumstances alone, to care for,
2415-14 protect, train or discipline the minor or are unwilling to do
2416-15 so, and that the health, safety, and best interest of the minor
2417-16 will be jeopardized if the minor remains in the custody of the
2418-17 minor's parents, guardian or custodian, the court may at this
2419-18 hearing and at any later point:
2420-19 (a) place the minor in the custody of a suitable
2421-20 relative or other person as legal custodian or guardian;
2422-21 (a-5) with the approval of the Department of Children
2423-22 and Family Services, place the minor in the subsidized
2424-23 guardianship of a suitable relative or other person as
2425-24 legal guardian; "subsidized guardianship" means a private
2426-25 guardianship arrangement for children for whom the
2427-
2428-
2429-
2430-
2431-
2432- HB3365 Engrossed - 68 - LRB104 10403 RLC 20478 b
2433-
2434-
2435-HB3365 Engrossed- 69 -LRB104 10403 RLC 20478 b HB3365 Engrossed - 69 - LRB104 10403 RLC 20478 b
2436- HB3365 Engrossed - 69 - LRB104 10403 RLC 20478 b
2437-1 permanency goals of return home and adoption have been
2438-2 ruled out and who meet the qualifications for subsidized
2439-3 guardianship as defined by the Department of Children and
2440-4 Family Services in administrative rules;
2441-5 (b) place the minor under the guardianship of a
2442-6 probation officer;
2443-7 (c) commit the minor to an agency for care or
2444-8 placement, except an institution under the authority of
2445-9 the Department of Corrections or of the Department of
2446-10 Children and Family Services;
2447-11 (d) on and after the effective date of this amendatory
2448-12 Act of the 98th General Assembly and before January 1,
2449-13 2017, commit the minor to the Department of Children and
2450-14 Family Services for care and service; however, a minor
2451-15 charged with a criminal offense under the Criminal Code of
2452-16 1961 or the Criminal Code of 2012 or adjudicated
2453-17 delinquent shall not be placed in the custody of or
2454-18 committed to the Department of Children and Family
2455-19 Services by any court, except (i) a minor less than 16
2456-20 years of age and committed to the Department of Children
2457-21 and Family Services under Section 5-710 of this Act, (ii)
2458-22 a minor under the age of 18 for whom an independent basis
2459-23 of abuse, neglect, or dependency exists, or (iii) a minor
2460-24 for whom the court has granted a supplemental petition to
2461-25 reinstate wardship pursuant to subsection (2) of Section
2462-26 2-33 of this Act. On and after January 1, 2017, commit the
2463-
2464-
2465-
2466-
2467-
2468- HB3365 Engrossed - 69 - LRB104 10403 RLC 20478 b
2469-
2470-
2471-HB3365 Engrossed- 70 -LRB104 10403 RLC 20478 b HB3365 Engrossed - 70 - LRB104 10403 RLC 20478 b
2472- HB3365 Engrossed - 70 - LRB104 10403 RLC 20478 b
2473-1 minor to the Department of Children and Family Services
2474-2 for care and service; however, a minor charged with a
2475-3 criminal offense under the Criminal Code of 1961 or the
2476-4 Criminal Code of 2012 or adjudicated delinquent shall not
2477-5 be placed in the custody of or committed to the Department
2478-6 of Children and Family Services by any court, except (i) a
2479-7 minor less than 15 years of age and committed to the
2480-8 Department of Children and Family Services under Section
2481-9 5-710 of this Act, (ii) a minor under the age of 18 for
2482-10 whom an independent basis of abuse, neglect, or dependency
2483-11 exists, or (iii) a minor for whom the court has granted a
2484-12 supplemental petition to reinstate wardship pursuant to
2485-13 subsection (2) of Section 2-33 of this Act. An independent
2486-14 basis exists when the allegations or adjudication of
2487-15 abuse, neglect, or dependency do not arise from the same
2488-16 facts, incident, or circumstances which give rise to a
2489-17 charge or adjudication of delinquency. The Department
2490-18 shall be given due notice of the pendency of the action and
2491-19 the Guardianship Administrator of the Department of
2492-20 Children and Family Services shall be appointed guardian
2493-21 of the person of the minor. Whenever the Department seeks
2494-22 to discharge a minor from its care and service, the
2495-23 Guardianship Administrator shall petition the court for an
2496-24 order terminating guardianship. The Guardianship
2497-25 Administrator may designate one or more other officers of
2498-26 the Department, appointed as Department officers by
2499-
2500-
2501-
2502-
2503-
2504- HB3365 Engrossed - 70 - LRB104 10403 RLC 20478 b
2505-
2506-
2507-HB3365 Engrossed- 71 -LRB104 10403 RLC 20478 b HB3365 Engrossed - 71 - LRB104 10403 RLC 20478 b
2508- HB3365 Engrossed - 71 - LRB104 10403 RLC 20478 b
2509-1 administrative order of the Department Director,
2510-2 authorized to affix the signature of the Guardianship
2511-3 Administrator to documents affecting the guardian-ward
2512-4 relationship of children for whom the Guardianship
2513-5 Administrator has been appointed guardian at such times as
2514-6 the Guardianship Administrator is unable to perform the
2515-7 duties of the Guardianship Administrator office. The
2516-8 signature authorization shall include but not be limited
2517-9 to matters of consent of marriage, enlistment in the armed
2518-10 forces, legal proceedings, adoption, major medical and
2519-11 surgical treatment and application for driver's license.
2520-12 Signature authorizations made pursuant to the provisions
2521-13 of this paragraph shall be filed with the Secretary of
2522-14 State and the Secretary of State shall provide upon
2523-15 payment of the customary fee, certified copies of the
2524-16 authorization to any court or individual who requests a
2525-17 copy.
2526-18 (1.5) In making a determination under this Section, the
2527-19 court shall also consider whether, based on health, safety,
2528-20 and the best interests of the minor,
2529-21 (a) appropriate services aimed at family preservation
2530-22 and family reunification have been unsuccessful in
2531-23 rectifying the conditions that have led to a finding of
2532-24 unfitness or inability to care for, protect, train, or
2533-25 discipline the minor, or
2534-26 (b) no family preservation or family reunification
2535-
2536-
2537-
2538-
2539-
2540- HB3365 Engrossed - 71 - LRB104 10403 RLC 20478 b
2541-
2542-
2543-HB3365 Engrossed- 72 -LRB104 10403 RLC 20478 b HB3365 Engrossed - 72 - LRB104 10403 RLC 20478 b
2544- HB3365 Engrossed - 72 - LRB104 10403 RLC 20478 b
2545-1 services would be appropriate,
2546-2 and if the petition or amended petition contained an
2547-3 allegation that the parent is an unfit person as defined in
2548-4 subdivision (D) of Section 1 of the Adoption Act, and the order
2549-5 of adjudication recites that parental unfitness was
2550-6 established by clear and convincing evidence, the court shall,
2551-7 when appropriate and in the best interest of the minor, enter
2552-8 an order terminating parental rights and appointing a guardian
2553-9 with power to consent to adoption in accordance with Section
2554-10 2-29.
2555-11 When making a placement, the court, wherever possible,
2556-12 shall require the Department of Children and Family Services
2557-13 to select a person holding the same religious belief as that of
2558-14 the minor or a private agency controlled by persons of like
2559-15 religious faith of the minor and shall require the Department
2560-16 to otherwise comply with Section 7 of the Children and Family
2561-17 Services Act in placing the child. In addition, whenever
2562-18 alternative plans for placement are available, the court shall
2563-19 ascertain and consider, to the extent appropriate in the
2564-20 particular case, the views and preferences of the minor.
2565-21 (2) When a minor is placed with a suitable relative or
2566-22 other person pursuant to item (a) of subsection (1), the court
2567-23 shall appoint the suitable relative or other person the legal
2568-24 custodian or guardian of the person of the minor. When a minor
2569-25 is committed to any agency, the court shall appoint the proper
2570-26 officer or representative thereof as legal custodian or
2571-
2572-
2573-
2574-
2575-
2576- HB3365 Engrossed - 72 - LRB104 10403 RLC 20478 b
2577-
2578-
2579-HB3365 Engrossed- 73 -LRB104 10403 RLC 20478 b HB3365 Engrossed - 73 - LRB104 10403 RLC 20478 b
2580- HB3365 Engrossed - 73 - LRB104 10403 RLC 20478 b
2581-1 guardian of the person of the minor. Legal custodians and
2582-2 guardians of the person of the minor have the respective
2583-3 rights and duties set forth in subsection (9) of Section 1-3
2584-4 except as otherwise provided by order of court; but no
2585-5 guardian of the person may consent to adoption of the minor
2586-6 unless that authority is conferred upon the guardian in
2587-7 accordance with Section 2-29. An agency whose representative
2588-8 is appointed guardian of the person or legal custodian of the
2589-9 minor may place the minor in any child care facility, but the
2590-10 facility must be licensed under the Child Care Act of 1969 or
2591-11 have been approved by the Department of Children and Family
2592-12 Services as meeting the standards established for such
2593-13 licensing. No agency may place a minor adjudicated under
2594-14 Sections 2-3 or 2-4 in a child care facility unless the
2595-15 placement is in compliance with the rules and regulations for
2596-16 placement under this Section promulgated by the Department of
2597-17 Children and Family Services under Section 5 of the Children
2598-18 and Family Services Act. Like authority and restrictions shall
2599-19 be conferred by the court upon any probation officer who has
2600-20 been appointed guardian of the person of a minor.
2601-21 (3) No placement by any probation officer or agency whose
2602-22 representative is appointed guardian of the person or legal
2603-23 custodian of a minor may be made in any out of State child care
2604-24 facility unless it complies with the Interstate Compact on the
2605-25 Placement of Children. Placement with a parent, however, is
2606-26 not subject to that Interstate Compact.
2607-
2608-
2609-
2610-
2611-
2612- HB3365 Engrossed - 73 - LRB104 10403 RLC 20478 b
2613-
2614-
2615-HB3365 Engrossed- 74 -LRB104 10403 RLC 20478 b HB3365 Engrossed - 74 - LRB104 10403 RLC 20478 b
2616- HB3365 Engrossed - 74 - LRB104 10403 RLC 20478 b
2617-1 (4) The clerk of the court shall issue to the legal
2618-2 custodian or guardian of the person a certified copy of the
2619-3 order of court, as proof of the legal custodian's or
2620-4 guardian's authority. No other process is necessary as
2621-5 authority for the keeping of the minor.
2622-6 (5) Custody or guardianship granted under this Section
2623-7 continues until the court otherwise directs, but not after the
2624-8 minor reaches the age of 19 years except as set forth in
2625-9 Section 2-31, or if the minor was previously committed to the
2626-10 Department of Children and Family Services for care and
2627-11 service and the court has granted a supplemental petition to
2628-12 reinstate wardship pursuant to subsection (2) of Section 2-33.
2629-13 (6) (Blank).
2630-14 (Source: P.A. 103-22, eff. 8-8-23.)
2631-15 (Text of Section after amendment by P.A. 103-1061)
2632-16 Sec. 2-27. Placement; legal custody or guardianship.
2633-17 (1) If the court determines and puts in writing the
2634-18 factual basis supporting the determination of whether a parent
2635-19 the parents, guardian, or legal custodian of a minor adjudged
2636-20 a ward of the court is unwilling to care for, protect, train,
2637-21 or discipline the minor, or is are unfit or are unable, for
2638-22 some reason other than financial circumstances alone, to care
2639-23 for, protect, train, or discipline the minor for a reason
2640-24 sufficient and independent from financial circumstances or
2641-25 exposure to domestic violence that is perpetrated against
2642-
2643-
2644-
2645-
2646-
2647- HB3365 Engrossed - 74 - LRB104 10403 RLC 20478 b
2648-
2649-
2650-HB3365 Engrossed- 75 -LRB104 10403 RLC 20478 b HB3365 Engrossed - 75 - LRB104 10403 RLC 20478 b
2651- HB3365 Engrossed - 75 - LRB104 10403 RLC 20478 b
2652-1 someone other than the minor if there is no demonstrated
2653-2 likelihood of present and imminent bodily harm to the minor
2654-3 and the domestic violence is not perpetrated by that parent,
2655-4 guardian, or custodian, or are unwilling to do so, and if the
2656-5 court determines and puts in writing the factual basis
2657-6 supporting the determination of whether that the health,
2658-7 safety, and best interest of the minor will be jeopardized if
2659-8 the minor remains in the custody of the minor's parents,
2660-9 guardian, or custodian, then the court may at this hearing and
2661-10 at any later point:
2662-11 (a) place the minor in the custody of a suitable
2663-12 relative or other person as legal custodian or guardian;
2664-13 (a-5) with the approval of the Department of Children
2665-14 and Family Services, place the minor in the subsidized
2666-15 guardianship of a suitable relative or other person as
2667-16 legal guardian; "subsidized guardianship" has the meaning
2668-17 ascribed to that term in Section 4d of the Children and
2669-18 Family Services Act;
2670-19 (b) place the minor under the guardianship of a
2671-20 probation officer;
2672-21 (c) commit the minor to an agency for care or
2673-22 placement, except an institution under the authority of
2674-23 the Department of Corrections or of the Department of
2675-24 Children and Family Services;
2676-25 (d) on and after the effective date of this amendatory
2677-26 Act of the 98th General Assembly and before January 1,
2678-
2679-
2680-
2681-
2682-
2683- HB3365 Engrossed - 75 - LRB104 10403 RLC 20478 b
2684-
2685-
2686-HB3365 Engrossed- 76 -LRB104 10403 RLC 20478 b HB3365 Engrossed - 76 - LRB104 10403 RLC 20478 b
2687- HB3365 Engrossed - 76 - LRB104 10403 RLC 20478 b
2688-1 2017, commit the minor to the Department of Children and
2689-2 Family Services for care and service; however, a minor
2690-3 charged with a criminal offense under the Criminal Code of
2691-4 1961 or the Criminal Code of 2012 or adjudicated
2692-5 delinquent shall not be placed in the custody of or
2693-6 committed to the Department of Children and Family
2694-7 Services by any court, except (i) a minor less than 16
2695-8 years of age and committed to the Department of Children
2696-9 and Family Services under Section 5-710 of this Act, (ii)
2697-10 a minor under the age of 18 for whom an independent basis
2698-11 of abuse, neglect, or dependency exists, or (iii) a minor
2699-12 for whom the court has granted a supplemental petition to
2700-13 reinstate wardship pursuant to subsection (2) of Section
2701-14 2-33 of this Act. On and after January 1, 2017, commit the
2702-15 minor to the Department of Children and Family Services
2703-16 for care and service; however, a minor charged with a
2704-17 criminal offense under the Criminal Code of 1961 or the
2705-18 Criminal Code of 2012 or adjudicated delinquent shall not
2706-19 be placed in the custody of or committed to the Department
2707-20 of Children and Family Services by any court, except (i) a
2708-21 minor less than 15 years of age and committed to the
2709-22 Department of Children and Family Services under Section
2710-23 5-710 of this Act, (ii) a minor under the age of 18 for
2711-24 whom an independent basis of abuse, neglect, or dependency
2712-25 exists, or (iii) a minor for whom the court has granted a
2713-26 supplemental petition to reinstate wardship pursuant to
2714-
2715-
2716-
2717-
2718-
2719- HB3365 Engrossed - 76 - LRB104 10403 RLC 20478 b
2720-
2721-
2722-HB3365 Engrossed- 77 -LRB104 10403 RLC 20478 b HB3365 Engrossed - 77 - LRB104 10403 RLC 20478 b
2723- HB3365 Engrossed - 77 - LRB104 10403 RLC 20478 b
2724-1 subsection (2) of Section 2-33 of this Act. An independent
2725-2 basis exists when the allegations or adjudication of
2726-3 abuse, neglect, or dependency do not arise from the same
2727-4 facts, incident, or circumstances which give rise to a
2728-5 charge or adjudication of delinquency. The Department
2729-6 shall be given due notice of the pendency of the action and
2730-7 the Guardianship Administrator of the Department of
2731-8 Children and Family Services shall be appointed guardian
2732-9 of the person of the minor. Whenever the Department seeks
2733-10 to discharge a minor from its care and service, the
2734-11 Guardianship Administrator shall petition the court for an
2735-12 order terminating guardianship. The Guardianship
2736-13 Administrator may designate one or more other officers of
2737-14 the Department, appointed as Department officers by
2738-15 administrative order of the Department Director,
2739-16 authorized to affix the signature of the Guardianship
2740-17 Administrator to documents affecting the guardian-ward
2741-18 relationship of children for whom the Guardianship
2742-19 Administrator has been appointed guardian at such times as
2743-20 the Guardianship Administrator is unable to perform the
2744-21 duties of the Guardianship Administrator office. The
2745-22 signature authorization shall include but not be limited
2746-23 to matters of consent of marriage, enlistment in the armed
2747-24 forces, legal proceedings, adoption, major medical and
2748-25 surgical treatment and application for driver's license.
2749-26 Signature authorizations made pursuant to the provisions
2750-
2751-
2752-
2753-
2754-
2755- HB3365 Engrossed - 77 - LRB104 10403 RLC 20478 b
2756-
2757-
2758-HB3365 Engrossed- 78 -LRB104 10403 RLC 20478 b HB3365 Engrossed - 78 - LRB104 10403 RLC 20478 b
2759- HB3365 Engrossed - 78 - LRB104 10403 RLC 20478 b
2760-1 of this paragraph shall be filed with the Secretary of
2761-2 State and the Secretary of State shall provide upon
2762-3 payment of the customary fee, certified copies of the
2763-4 authorization to any court or individual who requests a
2764-5 copy.
2765-6 (1.5) In making a determination under this Section, the
2766-7 court shall also consider whether, based on health, safety,
2767-8 and the best interests of the minor,
2768-9 (a) appropriate services aimed at family preservation
2769-10 and family reunification have been unsuccessful in
2770-11 rectifying the conditions that have led to a finding of
2771-12 unfitness or inability to care for, protect, train, or
2772-13 discipline the minor, or
2773-14 (b) no family preservation or family reunification
2774-15 services would be appropriate,
2775-16 and if the petition or amended petition contained an
2776-17 allegation that the parent is an unfit person as defined in
2777-18 subdivision (D) of Section 1 of the Adoption Act, and the order
2778-19 of adjudication recites that parental unfitness was
2779-20 established by clear and convincing evidence, the court shall,
2780-21 when appropriate and in the best interest of the minor, enter
2781-22 an order terminating parental rights and appointing a guardian
2782-23 with power to consent to adoption in accordance with Section
2783-24 2-29.
2784-25 When making a placement, the court, wherever possible,
2785-26 shall require the Department of Children and Family Services
2786-
2787-
2788-
2789-
2790-
2791- HB3365 Engrossed - 78 - LRB104 10403 RLC 20478 b
2792-
2793-
2794-HB3365 Engrossed- 79 -LRB104 10403 RLC 20478 b HB3365 Engrossed - 79 - LRB104 10403 RLC 20478 b
2795- HB3365 Engrossed - 79 - LRB104 10403 RLC 20478 b
2796-1 to select a person holding the same religious belief as that of
2797-2 the minor or a private agency controlled by persons of like
2798-3 religious faith of the minor and shall require the Department
2799-4 to otherwise comply with Section 7 of the Children and Family
2800-5 Services Act in placing the child. In addition, whenever
2801-6 alternative plans for placement are available, the court shall
2802-7 ascertain and consider, to the extent appropriate in the
2803-8 particular case, the views and preferences of the minor.
2804-9 (2) When a minor is placed with a suitable relative or
2805-10 other person pursuant to item (a) of subsection (1), the court
2806-11 shall appoint the suitable relative or other person the legal
2807-12 custodian or guardian of the person of the minor. When a minor
2808-13 is committed to any agency, the court shall appoint the proper
2809-14 officer or representative thereof as legal custodian or
2810-15 guardian of the person of the minor. Legal custodians and
2811-16 guardians of the person of the minor have the respective
2812-17 rights and duties set forth in subsection (9) of Section 1-3
2813-18 except as otherwise provided by order of court; but no
2814-19 guardian of the person may consent to adoption of the minor
2815-20 unless that authority is conferred upon the guardian in
2816-21 accordance with Section 2-29. An agency whose representative
2817-22 is appointed guardian of the person or legal custodian of the
2818-23 minor may place the minor in any child care facility, but the
2819-24 facility must be licensed under the Child Care Act of 1969 or
2820-25 have been approved by the Department of Children and Family
2821-26 Services as meeting the standards established for such
2822-
2823-
2824-
2825-
2826-
2827- HB3365 Engrossed - 79 - LRB104 10403 RLC 20478 b
2828-
2829-
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2831- HB3365 Engrossed - 80 - LRB104 10403 RLC 20478 b
2832-1 licensing. No agency may place a minor adjudicated under
2833-2 Sections 2-3 or 2-4 in a child care facility unless the
2834-3 placement is in compliance with the rules and regulations for
2835-4 placement under this Section promulgated by the Department of
2836-5 Children and Family Services under Section 5 of the Children
2837-6 and Family Services Act. Like authority and restrictions shall
2838-7 be conferred by the court upon any probation officer who has
2839-8 been appointed guardian of the person of a minor.
2840-9 (3) No placement by any probation officer or agency whose
2841-10 representative is appointed guardian of the person or legal
2842-11 custodian of a minor may be made in any out of State child care
2843-12 facility unless it complies with the Interstate Compact on the
2844-13 Placement of Children. Placement with a parent, however, is
2845-14 not subject to that Interstate Compact.
2846-15 (4) The clerk of the court shall issue to the legal
2847-16 custodian or guardian of the person a certified copy of the
2848-17 order of court, as proof of the legal custodian's or
2849-18 guardian's authority. No other process is necessary as
2850-19 authority for the keeping of the minor.
2851-20 (5) Custody or guardianship granted under this Section
2852-21 continues until the court otherwise directs, but not after the
2853-22 minor reaches the age of 19 years except as set forth in
2854-23 Section 2-31, or if the minor was previously committed to the
2855-24 Department of Children and Family Services for care and
2856-25 service and the court has granted a supplemental petition to
2857-26 reinstate wardship pursuant to subsection (2) of Section 2-33.
2858-
2859-
2860-
2861-
2862-
2863- HB3365 Engrossed - 80 - LRB104 10403 RLC 20478 b
2864-
2865-
2866-HB3365 Engrossed- 81 -LRB104 10403 RLC 20478 b HB3365 Engrossed - 81 - LRB104 10403 RLC 20478 b
2867- HB3365 Engrossed - 81 - LRB104 10403 RLC 20478 b
2868-1 (6) (Blank).
2869-2 (Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 7-1-25.)
2870-3 Section 95. No acceleration or delay. Where this Act makes
2871-4 changes in a statute that is represented in this Act by text
2872-5 that is not yet or no longer in effect (for example, a Section
2873-6 represented by multiple versions), the use of that text does
2874-7 not accelerate or delay the taking effect of (i) the changes
2875-8 made by this Act or (ii) provisions derived from any other
2876-9 Public Act.
2877-
2878-
2879-
2880-
2881-
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1918+ HB3365 - 53 - LRB104 10403 RLC 20478 b