Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1305 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1305 Introduced 1/28/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-2 from Ch. 37, par. 801-2705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-10 from Ch. 37, par. 802-10705 ILCS 405/2-13 from Ch. 37, par. 802-13705 ILCS 405/2-13.1705 ILCS 405/2-21 from Ch. 37, par. 802-21705 ILCS 405/2-28750 ILCS 50/1 Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts" in cases that involve reunification by the Department of Children and Family Services. Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. Provides that "active efforts" includes the provision of reasonable efforts as required by Title IV-E of the Social Security Act (42 U.S.C. 670 through 679c). In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act. LRB104 08409 RLC 18460 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1305 Introduced 1/28/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-2 from Ch. 37, par. 801-2705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-10 from Ch. 37, par. 802-10705 ILCS 405/2-13 from Ch. 37, par. 802-13705 ILCS 405/2-13.1705 ILCS 405/2-21 from Ch. 37, par. 802-21705 ILCS 405/2-28750 ILCS 50/1 705 ILCS 405/1-2 from Ch. 37, par. 801-2 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-13.1 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-28 750 ILCS 50/1 Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts" in cases that involve reunification by the Department of Children and Family Services. Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. Provides that "active efforts" includes the provision of reasonable efforts as required by Title IV-E of the Social Security Act (42 U.S.C. 670 through 679c). In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act. LRB104 08409 RLC 18460 b LRB104 08409 RLC 18460 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1305 Introduced 1/28/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/1-2 from Ch. 37, par. 801-2705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-10 from Ch. 37, par. 802-10705 ILCS 405/2-13 from Ch. 37, par. 802-13705 ILCS 405/2-13.1705 ILCS 405/2-21 from Ch. 37, par. 802-21705 ILCS 405/2-28750 ILCS 50/1 705 ILCS 405/1-2 from Ch. 37, par. 801-2 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-13.1 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-28 750 ILCS 50/1
4	4	705 ILCS 405/1-2 from Ch. 37, par. 801-2
5	5	705 ILCS 405/1-3 from Ch. 37, par. 801-3
6	6	705 ILCS 405/2-10 from Ch. 37, par. 802-10
7	7	705 ILCS 405/2-13 from Ch. 37, par. 802-13
8	8	705 ILCS 405/2-13.1
9	9	705 ILCS 405/2-21 from Ch. 37, par. 802-21
10	10	705 ILCS 405/2-28
11	11	750 ILCS 50/1
12	12	Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts" in cases that involve reunification by the Department of Children and Family Services. Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. Provides that "active efforts" includes the provision of reasonable efforts as required by Title IV-E of the Social Security Act (42 U.S.C. 670 through 679c). In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act.
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15	15	A BILL FOR
16	16	SB1305LRB104 08409 RLC 18460 b SB1305 LRB104 08409 RLC 18460 b
17	17	SB1305 LRB104 08409 RLC 18460 b
18	18	1 AN ACT concerning courts.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 5. The Juvenile Court Act of 1987 is amended by
22	22	5 changing Sections 1-2, 1-3, 2-10, 2-13, 2-13.1, 2-21, and 2-28
23	23	6 as follows:
24	24	7 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
25	25	8 Sec. 1-2. Purpose and policy.
26	26	9 (1) The purpose of this Act is to secure for each minor
27	27	10 subject hereto such care and guidance, preferably in the
28	28	11 minor's own home, as will serve the safety and moral,
29	29	12 emotional, mental, and physical welfare of the minor and the
30	30	13 best interests of the community; to preserve and strengthen
31	31	14 the minor's family ties whenever possible, removing the minor
32	32	15 from the custody of the minor's parents only when the minor's
33	33	16 safety or welfare or the protection of the public cannot be
34	34	17 adequately safeguarded without removal; if the child is
35	35	18 removed from the custody of the minor's parent, the Department
36	36	19 of Children and Family Services immediately shall consider
37	37	20 concurrent planning, as described in Section 5 of the Children
38	38	21 and Family Services Act so that permanency may occur at the
39	39	22 earliest opportunity; consideration should be given so that if
40	40	23 reunification fails or is delayed, the placement made is the
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44	44	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1305 Introduced 1/28/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
45	45	705 ILCS 405/1-2 from Ch. 37, par. 801-2705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-10 from Ch. 37, par. 802-10705 ILCS 405/2-13 from Ch. 37, par. 802-13705 ILCS 405/2-13.1705 ILCS 405/2-21 from Ch. 37, par. 802-21705 ILCS 405/2-28750 ILCS 50/1 705 ILCS 405/1-2 from Ch. 37, par. 801-2 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-13.1 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-28 750 ILCS 50/1
46	46	705 ILCS 405/1-2 from Ch. 37, par. 801-2
47	47	705 ILCS 405/1-3 from Ch. 37, par. 801-3
48	48	705 ILCS 405/2-10 from Ch. 37, par. 802-10
49	49	705 ILCS 405/2-13 from Ch. 37, par. 802-13
50	50	705 ILCS 405/2-13.1
51	51	705 ILCS 405/2-21 from Ch. 37, par. 802-21
52	52	705 ILCS 405/2-28
53	53	750 ILCS 50/1
54	54	Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts" in cases that involve reunification by the Department of Children and Family Services. Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. Provides that "active efforts" includes the provision of reasonable efforts as required by Title IV-E of the Social Security Act (42 U.S.C. 670 through 679c). In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act.
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57	57	A BILL FOR
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63	63	705 ILCS 405/1-2 from Ch. 37, par. 801-2
64	64	705 ILCS 405/1-3 from Ch. 37, par. 801-3
65	65	705 ILCS 405/2-10 from Ch. 37, par. 802-10
66	66	705 ILCS 405/2-13 from Ch. 37, par. 802-13
67	67	705 ILCS 405/2-13.1
68	68	705 ILCS 405/2-21 from Ch. 37, par. 802-21
69	69	705 ILCS 405/2-28
70	70	750 ILCS 50/1
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89	89	1 best available placement to provide permanency for the child;
90	90	2 and, when the minor is removed from the minor's own family, to
91	91	3 secure for the minor custody, care and discipline as nearly as
92	92	4 possible equivalent to that which should be given by the
93	93	5 minor's parents, and in cases where it should and can properly
94	94	6 be done to place the minor in a family home so that the minor
95	95	7 may become a member of the family by legal adoption or
96	96	8 otherwise. Provided that a ground for unfitness under the
97	97	9 Adoption Act can be met, it may be appropriate to expedite
98	98	10 termination of parental rights:
99	99	11 (a) when active reasonable efforts are inappropriate,
100	100	12 or have been provided and were unsuccessful, and there are
101	101	13 aggravating circumstances including, but not limited to,
102	102	14 those cases in which (i) the child or another child of that
103	103	15 child's parent was (A) abandoned, (B) tortured, or (C)
104	104	16 chronically abused or (ii) the parent is criminally
105	105	17 convicted of (A) first degree murder or second degree
106	106	18 murder of any child, (B) attempt or conspiracy to commit
107	107	19 first degree murder or second degree murder of any child,
108	108	20 (C) solicitation to commit murder, solicitation to commit
109	109	21 murder for hire, solicitation to commit second degree
110	110	22 murder of any child, or aggravated assault in violation of
111	111	23 subdivision (a)(13) of Section 12-2 of the Criminal Code
112	112	24 of 1961 or the Criminal Code of 2012, or (D) aggravated
113	113	25 criminal sexual assault in violation of Section
114	114	26 11-1.40(a)(1) or 12-14.1(a)(1) of the Criminal Code of
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125	125	1 1961 or the Criminal Code of 2012; or
126	126	2 (b) when the parental rights of a parent with respect
127	127	3 to another child of the parent have been involuntarily
128	128	4 terminated; or
129	129	5 (c) in those extreme cases in which the parent's
130	130	6 incapacity to care for the child, combined with an
131	131	7 extremely poor prognosis for treatment or rehabilitation,
132	132	8 justifies expedited termination of parental rights.
133	133	9 (2) In all proceedings under this Act the court may direct
134	134	10 the course thereof so as promptly to ascertain the
135	135	11 jurisdictional facts and fully to gather information bearing
136	136	12 upon the current condition and future welfare of persons
137	137	13 subject to this Act. This Act shall be administered in a spirit
138	138	14 of humane concern, not only for the rights of the parties, but
139	139	15 also for the fears and the limits of understanding of all who
140	140	16 appear before the court.
141	141	17 (3) In all procedures under this Act, the following shall
142	142	18 apply:
143	143	19 (a) The procedural rights assured to the minor shall
144	144	20 be the rights of adults unless specifically precluded by
145	145	21 laws which enhance the protection of such minors.
146	146	22 (b) Every child has a right to services necessary to
147	147	23 the child's safety and proper development, including
148	148	24 health, education and social services.
149	149	25 (c) The parents' right to the custody of their child
150	150	26 shall not prevail when the court determines that it is
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161	161	1 contrary to the health, safety, and best interests of the
162	162	2 child.
163	163	3 (4) This Act shall be liberally construed to carry out the
164	164	4 foregoing purpose and policy.
165	165	5 (Source: P.A. 103-22, eff. 8-8-23.)
166	166	6 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
167	167	7 Sec. 1-3. Definitions. Terms used in this Act, unless the
168	168	8 context otherwise requires, have the following meanings
169	169	9 ascribed to them:
170	170	10 (0.5)(a) "Active efforts" means efforts that are
171	171	11 affirmative, active, thorough, timely, and intended to
172	172	12 maintain or reunite a child with the child's family and
173	173	13 represent a higher standard of conduct than reasonable
174	174	14 efforts.
175	175	15 (b) "Active efforts" includes the provision of reasonable
176	176	16 efforts as required by Title IV-E of the Social Security Act
177	177	17 (42 U.S.C. 670 through 679c).
178	178	18 (1) "Adjudicatory hearing" means a hearing to determine
179	179	19 whether the allegations of a petition under Section 2-13,
180	180	20 3-15, or 4-12 that a minor under 18 years of age is abused,
181	181	21 neglected, or dependent, or requires authoritative
182	182	22 intervention, or addicted, respectively, are supported by a
183	183	23 preponderance of the evidence or whether the allegations of a
184	184	24 petition under Section 5-520 that a minor is delinquent are
185	185	25 proved beyond a reasonable doubt.
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196	196	1 (2) "Adult" means a person 21 years of age or older.
197	197	2 (3) "Agency" means a public or private child care facility
198	198	3 legally authorized or licensed by this State for placement or
199	199	4 institutional care or for both placement and institutional
200	200	5 care.
201	201	6 (4) "Association" means any organization, public or
202	202	7 private, engaged in welfare functions which include services
203	203	8 to or on behalf of children but does not include "agency" as
204	204	9 herein defined.
205	205	10 (4.05) Whenever a "best interest" determination is
206	206	11 required, the following factors shall be considered in the
207	207	12 context of the child's age and developmental needs:
208	208	13 (a) the physical safety and welfare of the child,
209	209	14 including food, shelter, health, and clothing;
210	210	15 (b) the development of the child's identity;
211	211	16 (c) the child's background and ties, including
212	212	17 familial, cultural, and religious;
213	213	18 (d) the child's sense of attachments, including:
214	214	19 (i) where the child actually feels love,
215	215	20 attachment, and a sense of being valued (as opposed to
216	216	21 where adults believe the child should feel such love,
217	217	22 attachment, and a sense of being valued);
218	218	23 (ii) the child's sense of security;
219	219	24 (iii) the child's sense of familiarity;
220	220	25 (iv) continuity of affection for the child;
221	221	26 (v) the least disruptive placement alternative for
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232	232	1 the child;
233	233	2 (e) the child's wishes and long-term goals;
234	234	3 (f) the child's community ties, including church,
235	235	4 school, and friends;
236	236	5 (g) the child's need for permanence which includes the
237	237	6 child's need for stability and continuity of relationships
238	238	7 with parent figures and with siblings and other relatives;
239	239	8 (h) the uniqueness of every family and child;
240	240	9 (i) the risks attendant to entering and being in
241	241	10 substitute care; and
242	242	11 (j) the preferences of the persons available to care
243	243	12 for the child.
244	244	13 (4.1) "Chronic truant" shall have the definition ascribed
245	245	14 to it in Section 26-2a of the School Code.
246	246	15 (5) "Court" means the circuit court in a session or
247	247	16 division assigned to hear proceedings under this Act.
248	248	17 (6) "Dispositional hearing" means a hearing to determine
249	249	18 whether a minor should be adjudged to be a ward of the court,
250	250	19 and to determine what order of disposition should be made in
251	251	20 respect to a minor adjudged to be a ward of the court.
252	252	21 (6.5) "Dissemination" or "disseminate" means to publish,
253	253	22 produce, print, manufacture, distribute, sell, lease, exhibit,
254	254	23 broadcast, display, transmit, or otherwise share information
255	255	24 in any format so as to make the information accessible to
256	256	25 others.
257	257	26 (7) "Emancipated minor" means any minor 16 years of age or
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268	268	1 over who has been completely or partially emancipated under
269	269	2 the Emancipation of Minors Act or under this Act.
270	270	3 (7.03) "Expunge" means to physically destroy the records
271	271	4 and to obliterate the minor's name from any official index,
272	272	5 public record, or electronic database.
273	273	6 (7.05) "Foster parent" includes a relative caregiver
274	274	7 selected by the Department of Children and Family Services to
275	275	8 provide care for the minor.
276	276	9 (8) "Guardianship of the person" of a minor means the duty
277	277	10 and authority to act in the best interests of the minor,
278	278	11 subject to residual parental rights and responsibilities, to
279	279	12 make important decisions in matters having a permanent effect
280	280	13 on the life and development of the minor and to be concerned
281	281	14 with the minor's general welfare. It includes but is not
282	282	15 necessarily limited to:
283	283	16 (a) the authority to consent to marriage, to
284	284	17 enlistment in the armed forces of the United States, or to
285	285	18 a major medical, psychiatric, and surgical treatment; to
286	286	19 represent the minor in legal actions; and to make other
287	287	20 decisions of substantial legal significance concerning the
288	288	21 minor;
289	289	22 (b) the authority and duty of reasonable visitation,
290	290	23 except to the extent that these have been limited in the
291	291	24 best interests of the minor by court order;
292	292	25 (c) the rights and responsibilities of legal custody
293	293	26 except where legal custody has been vested in another
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304	304	1 person or agency; and
305	305	2 (d) the power to consent to the adoption of the minor,
306	306	3 but only if expressly conferred on the guardian in
307	307	4 accordance with Section 2-29, 3-30, or 4-27.
308	308	5 (8.1) "Juvenile court record" includes, but is not limited
309	309	6 to:
310	310	7 (a) all documents filed in or maintained by the
311	311	8 juvenile court pertaining to a specific incident,
312	312	9 proceeding, or individual;
313	313	10 (b) all documents relating to a specific incident,
314	314	11 proceeding, or individual made available to or maintained
315	315	12 by probation officers;
316	316	13 (c) all documents, video or audio tapes, photographs,
317	317	14 and exhibits admitted into evidence at juvenile court
318	318	15 hearings; or
319	319	16 (d) all documents, transcripts, records, reports, or
320	320	17 other evidence prepared by, maintained by, or released by
321	321	18 any municipal, county, or State agency or department, in
322	322	19 any format, if indicating involvement with the juvenile
323	323	20 court relating to a specific incident, proceeding, or
324	324	21 individual.
325	325	22 (8.2) "Juvenile law enforcement record" includes records
326	326	23 of arrest, station adjustments, fingerprints, probation
327	327	24 adjustments, the issuance of a notice to appear, or any other
328	328	25 records or documents maintained by any law enforcement agency
329	329	26 relating to a minor suspected of committing an offense, and
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340	340	1 records maintained by a law enforcement agency that identifies
341	341	2 a juvenile as a suspect in committing an offense, but does not
342	342	3 include records identifying a juvenile as a victim, witness,
343	343	4 or missing juvenile and any records created, maintained, or
344	344	5 used for purposes of referral to programs relating to
345	345	6 diversion as defined in subsection (6) of Section 5-105.
346	346	7 (9) "Legal custody" means the relationship created by an
347	347	8 order of court in the best interests of the minor which imposes
348	348	9 on the custodian the responsibility of physical possession of
349	349	10 a minor and the duty to protect, train and discipline the minor
350	350	11 and to provide the minor with food, shelter, education, and
351	351	12 ordinary medical care, except as these are limited by residual
352	352	13 parental rights and responsibilities and the rights and
353	353	14 responsibilities of the guardian of the person, if any.
354	354	15 (9.1) "Mentally capable adult relative" means a person 21
355	355	16 years of age or older who is not suffering from a mental
356	356	17 illness that prevents the person from providing the care
357	357	18 necessary to safeguard the physical safety and welfare of a
358	358	19 minor who is left in that person's care by the parent or
359	359	20 parents or other person responsible for the minor's welfare.
360	360	21 (10) "Minor" means a person under the age of 21 years
361	361	22 subject to this Act.
362	362	23 (11) "Parent" means a father or mother of a child and
363	363	24 includes any adoptive parent. It also includes a person (i)
364	364	25 whose parentage is presumed or has been established under the
365	365	26 law of this or another jurisdiction or (ii) who has registered
366	366
367	367
368	368
369	369
370	370
371	371	SB1305 - 9 - LRB104 08409 RLC 18460 b
372	372
373	373
374	374	SB1305- 10 -LRB104 08409 RLC 18460 b SB1305 - 10 - LRB104 08409 RLC 18460 b
375	375	SB1305 - 10 - LRB104 08409 RLC 18460 b
376	376	1 with the Putative Father Registry in accordance with Section
377	377	2 12.1 of the Adoption Act and whose paternity has not been ruled
378	378	3 out under the law of this or another jurisdiction. It does not
379	379	4 include a parent whose rights in respect to the minor have been
380	380	5 terminated in any manner provided by law. It does not include a
381	381	6 person who has been or could be determined to be a parent under
382	382	7 the Illinois Parentage Act of 1984 or the Illinois Parentage
383	383	8 Act of 2015, or similar parentage law in any other state, if
384	384	9 that person has been convicted of or pled nolo contendere to a
385	385	10 crime that resulted in the conception of the child under
386	386	11 Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
387	387	12 12-14.1, subsection (a) or (b) (but not subsection (c)) of
388	388	13 Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
389	389	14 (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
390	390	15 Criminal Code of 1961 or the Criminal Code of 2012, or similar
391	391	16 statute in another jurisdiction unless upon motion of any
392	392	17 party, other than the offender, to the juvenile court
393	393	18 proceedings the court finds it is in the child's best interest
394	394	19 to deem the offender a parent for purposes of the juvenile
395	395	20 court proceedings.
396	396	21 (11.1) "Permanency goal" means a goal set by the court as
397	397	22 defined in subdivision (2) of Section 2-28.
398	398	23 (11.2) "Permanency hearing" means a hearing to set the
399	399	24 permanency goal and to review and determine (i) the
400	400	25 appropriateness of the services contained in the plan and
401	401	26 whether those services have been provided, (ii) whether
402	402
403	403
404	404
405	405
406	406
407	407	SB1305 - 10 - LRB104 08409 RLC 18460 b
408	408
409	409
410	410	SB1305- 11 -LRB104 08409 RLC 18460 b SB1305 - 11 - LRB104 08409 RLC 18460 b
411	411	SB1305 - 11 - LRB104 08409 RLC 18460 b
412	412	1 reasonable efforts have been made by all the parties to the
413	413	2 service plan to achieve the goal, and (iii) whether the plan
414	414	3 and goal have been achieved.
415	415	4 (12) "Petition" means the petition provided for in Section
416	416	5 2-13, 3-15, 4-12, or 5-520, including any supplemental
417	417	6 petitions thereunder in Section 3-15, 4-12, or 5-520.
418	418	7 (12.1) "Physically capable adult relative" means a person
419	419	8 21 years of age or older who does not have a severe physical
420	420	9 disability or medical condition, or is not suffering from
421	421	10 alcoholism or drug addiction, that prevents the person from
422	422	11 providing the care necessary to safeguard the physical safety
423	423	12 and welfare of a minor who is left in that person's care by the
424	424	13 parent or parents or other person responsible for the minor's
425	425	14 welfare.
426	426	15 (12.2) "Post Permanency Sibling Contact Agreement" has the
427	427	16 meaning ascribed to the term in Section 7.4 of the Children and
428	428	17 Family Services Act.
429	429	18 (12.3) "Residential treatment center" means a licensed
430	430	19 setting that provides 24-hour care to children in a group home
431	431	20 or institution, including a facility licensed as a child care
432	432	21 institution under Section 2.06 of the Child Care Act of 1969, a
433	433	22 licensed group home under Section 2.16 of the Child Care Act of
434	434	23 1969, a qualified residential treatment program under Section
435	435	24 2.35 of the Child Care Act of 1969, a secure child care
436	436	25 facility as defined in paragraph (18) of this Section, or any
437	437	26 similar facility in another state. "Residential treatment
438	438
439	439
440	440
441	441
442	442
443	443	SB1305 - 11 - LRB104 08409 RLC 18460 b
444	444
445	445
446	446	SB1305- 12 -LRB104 08409 RLC 18460 b SB1305 - 12 - LRB104 08409 RLC 18460 b
447	447	SB1305 - 12 - LRB104 08409 RLC 18460 b
448	448	1 center" does not include a relative foster home or a licensed
449	449	2 foster family home.
450	450	3 (13) "Residual parental rights and responsibilities" means
451	451	4 those rights and responsibilities remaining with the parent
452	452	5 after the transfer of legal custody or guardianship of the
453	453	6 person, including, but not necessarily limited to, the right
454	454	7 to reasonable visitation (which may be limited by the court in
455	455	8 the best interests of the minor as provided in subsection
456	456	9 (8)(b) of this Section), the right to consent to adoption, the
457	457	10 right to determine the minor's religious affiliation, and the
458	458	11 responsibility for the minor's support.
459	459	12 (14) "Shelter" means the temporary care of a minor in
460	460	13 physically unrestricting facilities pending court disposition
461	461	14 or execution of court order for placement.
462	462	15 (14.05) "Shelter placement" means a temporary or emergency
463	463	16 placement for a minor, including an emergency foster home
464	464	17 placement.
465	465	18 (14.1) "Sibling Contact Support Plan" has the meaning
466	466	19 ascribed to the term in Section 7.4 of the Children and Family
467	467	20 Services Act.
468	468	21 (14.2) "Significant event report" means a written document
469	469	22 describing an occurrence or event beyond the customary
470	470	23 operations, routines, or relationships in the Department of
471	471	24 Children of Family Services, a child care facility, or other
472	472	25 entity that is licensed or regulated by the Department of
473	473	26 Children of Family Services or that provides services for the
474	474
475	475
476	476
477	477
478	478
479	479	SB1305 - 12 - LRB104 08409 RLC 18460 b
480	480
481	481
482	482	SB1305- 13 -LRB104 08409 RLC 18460 b SB1305 - 13 - LRB104 08409 RLC 18460 b
483	483	SB1305 - 13 - LRB104 08409 RLC 18460 b
484	484	1 Department of Children of Family Services under a grant,
485	485	2 contract, or purchase of service agreement; involving children
486	486	3 or youth, employees, foster parents, or relative caregivers;
487	487	4 allegations of abuse or neglect or any other incident raising
488	488	5 a concern about the well-being of a minor under the
489	489	6 jurisdiction of the court under Article II of the Juvenile
490	490	7 Court Act of 1987; incidents involving damage to property,
491	491	8 allegations of criminal activity, misconduct, or other
492	492	9 occurrences affecting the operations of the Department of
493	493	10 Children of Family Services or a child care facility; any
494	494	11 incident that could have media impact; and unusual incidents
495	495	12 as defined by Department of Children and Family Services rule.
496	496	13 (15) "Station adjustment" means the informal handling of
497	497	14 an alleged offender by a juvenile police officer.
498	498	15 (16) "Ward of the court" means a minor who is so adjudged
499	499	16 under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
500	500	17 the requisite jurisdictional facts, and thus is subject to the
501	501	18 dispositional powers of the court under this Act.
502	502	19 (17) "Juvenile police officer" means a sworn police
503	503	20 officer who has completed a Basic Recruit Training Course, has
504	504	21 been assigned to the position of juvenile police officer by
505	505	22 the officer's chief law enforcement officer and has completed
506	506	23 the necessary juvenile officers training as prescribed by the
507	507	24 Illinois Law Enforcement Training Standards Board, or in the
508	508	25 case of a State police officer, juvenile officer training
509	509	26 approved by the Director of the Illinois State Police.
510	510
511	511
512	512
513	513
514	514
515	515	SB1305 - 13 - LRB104 08409 RLC 18460 b
516	516
517	517
518	518	SB1305- 14 -LRB104 08409 RLC 18460 b SB1305 - 14 - LRB104 08409 RLC 18460 b
519	519	SB1305 - 14 - LRB104 08409 RLC 18460 b
520	520	1 (18) "Secure child care facility" means any child care
521	521	2 facility licensed by the Department of Children and Family
522	522	3 Services to provide secure living arrangements for children
523	523	4 under 18 years of age who are subject to placement in
524	524	5 facilities under the Children and Family Services Act and who
525	525	6 are not subject to placement in facilities for whom standards
526	526	7 are established by the Department of Corrections under Section
527	527	8 3-15-2 of the Unified Code of Corrections. "Secure child care
528	528	9 facility" also means a facility that is designed and operated
529	529	10 to ensure that all entrances and exits from the facility, a
530	530	11 building, or a distinct part of the building are under the
531	531	12 exclusive control of the staff of the facility, whether or not
532	532	13 the child has the freedom of movement within the perimeter of
533	533	14 the facility, building, or distinct part of the building.
534	534	15 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
535	535	16 103-564, eff. 11-17-23.)
536	536	17 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
537	537	18 Sec. 2-10. Temporary custody hearing. At the appearance of
538	538	19 the minor before the court at the temporary custody hearing,
539	539	20 all witnesses present shall be examined before the court in
540	540	21 relation to any matter connected with the allegations made in
541	541	22 the petition.
542	542	23 (1) If the court finds that there is not probable cause to
543	543	24 believe that the minor is abused, neglected, or dependent it
544	544	25 shall release the minor and dismiss the petition.
545	545
546	546
547	547
548	548
549	549
550	550	SB1305 - 14 - LRB104 08409 RLC 18460 b
551	551
552	552
553	553	SB1305- 15 -LRB104 08409 RLC 18460 b SB1305 - 15 - LRB104 08409 RLC 18460 b
554	554	SB1305 - 15 - LRB104 08409 RLC 18460 b
555	555	1 (2) If the court finds that there is probable cause to
556	556	2 believe that the minor is abused, neglected, or dependent, the
557	557	3 court shall state in writing the factual basis supporting its
558	558	4 finding and the minor, the minor's parent, guardian, or
559	559	5 custodian, and other persons able to give relevant testimony
560	560	6 shall be examined before the court. The Department of Children
561	561	7 and Family Services shall give testimony concerning indicated
562	562	8 reports of abuse and neglect, of which they are aware through
563	563	9 the central registry, involving the minor's parent, guardian,
564	564	10 or custodian. After such testimony, the court may, consistent
565	565	11 with the health, safety, and best interests of the minor,
566	566	12 enter an order that the minor shall be released upon the
567	567	13 request of parent, guardian, or custodian if the parent,
568	568	14 guardian, or custodian appears to take custody. If it is
569	569	15 determined that a parent's, guardian's, or custodian's
570	570	16 compliance with critical services mitigates the necessity for
571	571	17 removal of the minor from the minor's home, the court may enter
572	572	18 an Order of Protection setting forth reasonable conditions of
573	573	19 behavior that a parent, guardian, or custodian must observe
574	574	20 for a specified period of time, not to exceed 12 months,
575	575	21 without a violation; provided, however, that the 12-month
576	576	22 period shall begin anew after any violation. "Custodian"
577	577	23 includes the Department of Children and Family Services, if it
578	578	24 has been given custody of the child, or any other agency of the
579	579	25 State which has been given custody or wardship of the child. If
580	580	26 it is consistent with the health, safety, and best interests
581	581
582	582
583	583
584	584
585	585
586	586	SB1305 - 15 - LRB104 08409 RLC 18460 b
587	587
588	588
589	589	SB1305- 16 -LRB104 08409 RLC 18460 b SB1305 - 16 - LRB104 08409 RLC 18460 b
590	590	SB1305 - 16 - LRB104 08409 RLC 18460 b
591	591	1 of the minor, the court may also prescribe shelter care and
592	592	2 order that the minor be kept in a suitable place designated by
593	593	3 the court or in a shelter care facility designated by the
594	594	4 Department of Children and Family Services or a licensed child
595	595	5 welfare agency; however, on and after January 1, 2015 (the
596	596	6 effective date of Public Act 98-803) and before January 1,
597	597	7 2017, a minor charged with a criminal offense under the
598	598	8 Criminal Code of 1961 or the Criminal Code of 2012 or
599	599	9 adjudicated delinquent shall not be placed in the custody of
600	600	10 or committed to the Department of Children and Family Services
601	601	11 by any court, except a minor less than 16 years of age and
602	602	12 committed to the Department of Children and Family Services
603	603	13 under Section 5-710 of this Act or a minor for whom an
604	604	14 independent basis of abuse, neglect, or dependency exists; and
605	605	15 on and after January 1, 2017, a minor charged with a criminal
606	606	16 offense under the Criminal Code of 1961 or the Criminal Code of
607	607	17 2012 or adjudicated delinquent shall not be placed in the
608	608	18 custody of or committed to the Department of Children and
609	609	19 Family Services by any court, except a minor less than 15 years
610	610	20 of age and committed to the Department of Children and Family
611	611	21 Services under Section 5-710 of this Act or a minor for whom an
612	612	22 independent basis of abuse, neglect, or dependency exists. An
613	613	23 independent basis exists when the allegations or adjudication
614	614	24 of abuse, neglect, or dependency do not arise from the same
615	615	25 facts, incident, or circumstances which give rise to a charge
616	616	26 or adjudication of delinquency.
617	617
618	618
619	619
620	620
621	621
622	622	SB1305 - 16 - LRB104 08409 RLC 18460 b
623	623
624	624
625	625	SB1305- 17 -LRB104 08409 RLC 18460 b SB1305 - 17 - LRB104 08409 RLC 18460 b
626	626	SB1305 - 17 - LRB104 08409 RLC 18460 b
627	627	1 In placing the minor, the Department or other agency
628	628	2 shall, to the extent compatible with the court's order, comply
629	629	3 with Section 7 of the Children and Family Services Act. In
630	630	4 determining the health, safety, and best interests of the
631	631	5 minor to prescribe shelter care, the court must find that it is
632	632	6 a matter of immediate and urgent necessity for the safety, and
633	633	7 protection of the minor or of the person or property of another
634	634	8 that the minor be placed in a shelter care facility or that the
635	635	9 minor is likely to flee the jurisdiction of the court, and must
636	636	10 further find that active reasonable efforts have been made or
637	637	11 that, consistent with the health, safety and best interests of
638	638	12 the minor, no efforts reasonably can be made to prevent or
639	639	13 eliminate the necessity of removal of the minor from the
640	640	14 minor's home. The court shall require documentation from the
641	641	15 Department of Children and Family Services as to the active
642	642	16 reasonable efforts that were made to prevent or eliminate the
643	643	17 necessity of removal of the minor from the minor's home or the
644	644	18 reasons why no efforts reasonably could be made to prevent or
645	645	19 eliminate the necessity of removal. When a minor is placed in
646	646	20 the home of a relative, the Department of Children and Family
647	647	21 Services shall complete a preliminary background review of the
648	648	22 members of the minor's custodian's household in accordance
649	649	23 with Section 4.3 of the Child Care Act of 1969 within 90 days
650	650	24 of that placement. If the minor is ordered placed in a shelter
651	651	25 care facility of the Department of Children and Family
652	652	26 Services or a licensed child welfare agency, the court shall,
653	653
654	654
655	655
656	656
657	657
658	658	SB1305 - 17 - LRB104 08409 RLC 18460 b
659	659
660	660
661	661	SB1305- 18 -LRB104 08409 RLC 18460 b SB1305 - 18 - LRB104 08409 RLC 18460 b
662	662	SB1305 - 18 - LRB104 08409 RLC 18460 b
663	663	1 upon request of the appropriate Department or other agency,
664	664	2 appoint the Department of Children and Family Services
665	665	3 Guardianship Administrator or other appropriate agency
666	666	4 executive temporary custodian of the minor and the court may
667	667	5 enter such other orders related to the temporary custody as it
668	668	6 deems fit and proper, including the provision of services to
669	669	7 the minor or the minor's family to ameliorate the causes
670	670	8 contributing to the finding of probable cause or to the
671	671	9 finding of the existence of immediate and urgent necessity.
672	672	10 Where the Department of Children and Family Services
673	673	11 Guardianship Administrator is appointed as the executive
674	674	12 temporary custodian, the Department of Children and Family
675	675	13 Services shall file with the court and serve on the parties a
676	676	14 parent-child visiting plan, within 10 days, excluding weekends
677	677	15 and holidays, after the appointment. The parent-child visiting
678	678	16 plan shall set out the time and place of visits, the frequency
679	679	17 of visits, the length of visits, who shall be present at the
680	680	18 visits, and where appropriate, the minor's opportunities to
681	681	19 have telephone and mail communication with the parents.
682	682	20 Where the Department of Children and Family Services
683	683	21 Guardianship Administrator is appointed as the executive
684	684	22 temporary custodian, and when the child has siblings in care,
685	685	23 the Department of Children and Family Services shall file with
686	686	24 the court and serve on the parties a sibling placement and
687	687	25 contact plan within 10 days, excluding weekends and holidays,
688	688	26 after the appointment. The sibling placement and contact plan
689	689
690	690
691	691
692	692
693	693
694	694	SB1305 - 18 - LRB104 08409 RLC 18460 b
695	695
696	696
697	697	SB1305- 19 -LRB104 08409 RLC 18460 b SB1305 - 19 - LRB104 08409 RLC 18460 b
698	698	SB1305 - 19 - LRB104 08409 RLC 18460 b
699	699	1 shall set forth whether the siblings are placed together, and
700	700	2 if they are not placed together, what, if any, efforts are
701	701	3 being made to place them together. If the Department has
702	702	4 determined that it is not in a child's best interest to be
703	703	5 placed with a sibling, the Department shall document in the
704	704	6 sibling placement and contact plan the basis for its
705	705	7 determination. For siblings placed separately, the sibling
706	706	8 placement and contact plan shall set the time and place for
707	707	9 visits, the frequency of the visits, the length of visits, who
708	708	10 shall be present for the visits, and where appropriate, the
709	709	11 child's opportunities to have contact with their siblings in
710	710	12 addition to in person contact. If the Department determines it
711	711	13 is not in the best interest of a sibling to have contact with a
712	712	14 sibling, the Department shall document in the sibling
713	713	15 placement and contact plan the basis for its determination.
714	714	16 The sibling placement and contact plan shall specify a date
715	715	17 for development of the Sibling Contact Support Plan, under
716	716	18 subsection (f) of Section 7.4 of the Children and Family
717	717	19 Services Act, and shall remain in effect until the Sibling
718	718	20 Contact Support Plan is developed.
719	719	21 For good cause, the court may waive the requirement to
720	720	22 file the parent-child visiting plan or the sibling placement
721	721	23 and contact plan, or extend the time for filing either plan.
722	722	24 Any party may, by motion, request the court to review the
723	723	25 parent-child visiting plan to determine whether it is
724	724	26 reasonably calculated to expeditiously facilitate the
725	725
726	726
727	727
728	728
729	729
730	730	SB1305 - 19 - LRB104 08409 RLC 18460 b
731	731
732	732
733	733	SB1305- 20 -LRB104 08409 RLC 18460 b SB1305 - 20 - LRB104 08409 RLC 18460 b
734	734	SB1305 - 20 - LRB104 08409 RLC 18460 b
735	735	1 achievement of the permanency goal. A party may, by motion,
736	736	2 request the court to review the parent-child visiting plan or
737	737	3 the sibling placement and contact plan to determine whether it
738	738	4 is consistent with the minor's best interest. The court may
739	739	5 refer the parties to mediation where available. The frequency,
740	740	6 duration, and locations of visitation shall be measured by the
741	741	7 needs of the child and family, and not by the convenience of
742	742	8 Department personnel. Child development principles shall be
743	743	9 considered by the court in its analysis of how frequent
744	744	10 visitation should be, how long it should last, where it should
745	745	11 take place, and who should be present. If upon motion of the
746	746	12 party to review either plan and after receiving evidence, the
747	747	13 court determines that the parent-child visiting plan is not
748	748	14 reasonably calculated to expeditiously facilitate the
749	749	15 achievement of the permanency goal or that the restrictions
750	750	16 placed on parent-child contact or sibling placement or contact
751	751	17 are contrary to the child's best interests, the court shall
752	752	18 put in writing the factual basis supporting the determination
753	753	19 and enter specific findings based on the evidence. The court
754	754	20 shall enter an order for the Department to implement changes
755	755	21 to the parent-child visiting plan or sibling placement or
756	756	22 contact plan, consistent with the court's findings. At any
757	757	23 stage of proceeding, any party may by motion request the court
758	758	24 to enter any orders necessary to implement the parent-child
759	759	25 visiting plan, sibling placement or contact plan, or
760	760	26 subsequently developed Sibling Contact Support Plan. Nothing
761	761
762	762
763	763
764	764
765	765
766	766	SB1305 - 20 - LRB104 08409 RLC 18460 b
767	767
768	768
769	769	SB1305- 21 -LRB104 08409 RLC 18460 b SB1305 - 21 - LRB104 08409 RLC 18460 b
770	770	SB1305 - 21 - LRB104 08409 RLC 18460 b
771	771	1 under this subsection (2) shall restrict the court from
772	772	2 granting discretionary authority to the Department to increase
773	773	3 opportunities for additional parent-child contacts or sibling
774	774	4 contacts, without further court orders. Nothing in this
775	775	5 subsection (2) shall restrict the Department from immediately
776	776	6 restricting or terminating parent-child contact or sibling
777	777	7 contacts, without either amending the parent-child visiting
778	778	8 plan or the sibling contact plan or obtaining a court order,
779	779	9 where the Department or its assigns reasonably believe there
780	780	10 is an immediate need to protect the child's health, safety,
781	781	11 and welfare. Such restrictions or terminations must be based
782	782	12 on available facts to the Department and its assigns when
783	783	13 viewed in light of the surrounding circumstances and shall
784	784	14 only occur on an individual case-by-case basis. The Department
785	785	15 shall file with the court and serve on the parties any
786	786	16 amendments to the plan within 10 days, excluding weekends and
787	787	17 holidays, of the change of the visitation.
788	788	18 Acceptance of services shall not be considered an
789	789	19 admission of any allegation in a petition made pursuant to
790	790	20 this Act, nor may a referral of services be considered as
791	791	21 evidence in any proceeding pursuant to this Act, except where
792	792	22 the issue is whether the Department has made active reasonable
793	793	23 efforts to reunite the family. In making its findings that it
794	794	24 is consistent with the health, safety, and best interests of
795	795	25 the minor to prescribe shelter care, the court shall state in
796	796	26 writing (i) the factual basis supporting its findings
797	797
798	798
799	799
800	800
801	801
802	802	SB1305 - 21 - LRB104 08409 RLC 18460 b
803	803
804	804
805	805	SB1305- 22 -LRB104 08409 RLC 18460 b SB1305 - 22 - LRB104 08409 RLC 18460 b
806	806	SB1305 - 22 - LRB104 08409 RLC 18460 b
807	807	1 concerning the immediate and urgent necessity for the
808	808	2 protection of the minor or of the person or property of another
809	809	3 and (ii) the factual basis supporting its findings that active
810	810	4 reasonable efforts were made to prevent or eliminate the
811	811	5 removal of the minor from the minor's home or that no efforts
812	812	6 reasonably could be made to prevent or eliminate the removal
813	813	7 of the minor from the minor's home. The parents, guardian,
814	814	8 custodian, temporary custodian, and minor shall each be
815	815	9 furnished a copy of such written findings. The temporary
816	816	10 custodian shall maintain a copy of the court order and written
817	817	11 findings in the case record for the child. The order together
818	818	12 with the court's findings of fact in support thereof shall be
819	819	13 entered of record in the court.
820	820	14 Once the court finds that it is a matter of immediate and
821	821	15 urgent necessity for the protection of the minor that the
822	822	16 minor be placed in a shelter care facility, the minor shall not
823	823	17 be returned to the parent, custodian, or guardian until the
824	824	18 court finds that such placement is no longer necessary for the
825	825	19 protection of the minor.
826	826	20 If the child is placed in the temporary custody of the
827	827	21 Department of Children and Family Services for the minor's
828	828	22 protection, the court shall admonish the parents, guardian,
829	829	23 custodian, or responsible relative that the parents must
830	830	24 cooperate with the Department of Children and Family Services,
831	831	25 comply with the terms of the service plans, and correct the
832	832	26 conditions which require the child to be in care, or risk
833	833
834	834
835	835
836	836
837	837
838	838	SB1305 - 22 - LRB104 08409 RLC 18460 b
839	839
840	840
841	841	SB1305- 23 -LRB104 08409 RLC 18460 b SB1305 - 23 - LRB104 08409 RLC 18460 b
842	842	SB1305 - 23 - LRB104 08409 RLC 18460 b
843	843	1 termination of their parental rights. The court shall ensure,
844	844	2 by inquiring in open court of each parent, guardian,
845	845	3 custodian, or responsible relative, that the parent, guardian,
846	846	4 custodian, or responsible relative has had the opportunity to
847	847	5 provide the Department with all known names, addresses, and
848	848	6 telephone numbers of each of the minor's living adult
849	849	7 relatives, including, but not limited to, grandparents,
850	850	8 siblings of the minor's parents, and siblings. The court shall
851	851	9 advise the parents, guardian, custodian, or responsible
852	852	10 relative to inform the Department if additional information
853	853	11 regarding the minor's adult relatives becomes available.
854	854	12 (3) If prior to the shelter care hearing for a minor
855	855	13 described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
856	856	14 is unable to serve notice on the party respondent, the shelter
857	857	15 care hearing may proceed ex parte. A shelter care order from an
858	858	16 ex parte hearing shall be endorsed with the date and hour of
859	859	17 issuance and shall be filed with the clerk's office and
860	860	18 entered of record. The order shall expire after 10 days from
861	861	19 the time it is issued unless before its expiration it is
862	862	20 renewed, at a hearing upon appearance of the party respondent,
863	863	21 or upon an affidavit of the moving party as to all diligent
864	864	22 efforts to notify the party respondent by notice as herein
865	865	23 prescribed. The notice prescribed shall be in writing and
866	866	24 shall be personally delivered to the minor or the minor's
867	867	25 attorney and to the last known address of the other person or
868	868	26 persons entitled to notice. The notice shall also state the
869	869
870	870
871	871
872	872
873	873
874	874	SB1305 - 23 - LRB104 08409 RLC 18460 b
875	875
876	876
877	877	SB1305- 24 -LRB104 08409 RLC 18460 b SB1305 - 24 - LRB104 08409 RLC 18460 b
878	878	SB1305 - 24 - LRB104 08409 RLC 18460 b
879	879	1 nature of the allegations, the nature of the order sought by
880	880	2 the State, including whether temporary custody is sought, and
881	881	3 the consequences of failure to appear and shall contain a
882	882	4 notice that the parties will not be entitled to further
883	883	5 written notices or publication notices of proceedings in this
884	884	6 case, including the filing of an amended petition or a motion
885	885	7 to terminate parental rights, except as required by Supreme
886	886	8 Court Rule 11; and shall explain the right of the parties and
887	887	9 the procedures to vacate or modify a shelter care order as
888	888	10 provided in this Section. The notice for a shelter care
889	889	11 hearing shall be substantially as follows:
890	890	12 NOTICE TO PARENTS AND CHILDREN
891	891	13 OF SHELTER CARE HEARING
892	892	14 On ................ at ........., before the Honorable
893	893	15 ................, (address:) ................., the State
894	894	16 of Illinois will present evidence (1) that (name of child
895	895	17 or children) ....................... are abused,
896	896	18 neglected, or dependent for the following reasons:
897	897	19 .............................................. and (2)
898	898	20 whether there is "immediate and urgent necessity" to
899	899	21 remove the child or children from the responsible
900	900	22 relative.
901	901	23 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
902	902	24 PLACEMENT of the child or children in foster care until a
903	903	25 trial can be held. A trial may not be held for up to 90
904	904	26 days. You will not be entitled to further notices of
905	905
906	906
907	907
908	908
909	909
910	910	SB1305 - 24 - LRB104 08409 RLC 18460 b
911	911
912	912
913	913	SB1305- 25 -LRB104 08409 RLC 18460 b SB1305 - 25 - LRB104 08409 RLC 18460 b
914	914	SB1305 - 25 - LRB104 08409 RLC 18460 b
915	915	1 proceedings in this case, including the filing of an
916	916	2 amended petition or a motion to terminate parental rights.
917	917	3 At the shelter care hearing, parents have the
918	918	4 following rights:
919	919	5 1. To ask the court to appoint a lawyer if they
920	920	6 cannot afford one.
921	921	7 2. To ask the court to continue the hearing to
922	922	8 allow them time to prepare.
923	923	9 3. To present evidence concerning:
924	924	10 a. Whether or not the child or children were
925	925	11 abused, neglected or dependent.
926	926	12 b. Whether or not there is "immediate and
927	927	13 urgent necessity" to remove the child from home
928	928	14 (including: their ability to care for the child,
929	929	15 conditions in the home, alternative means of
930	930	16 protecting the child other than removal).
931	931	17 c. The best interests of the child.
932	932	18 4. To cross examine the State's witnesses.
933	933	19 The Notice for rehearings shall be substantially as
934	934	20 follows:
935	935	21 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
936	936	22 TO REHEARING ON TEMPORARY CUSTODY
937	937	23 If you were not present at and did not have adequate
938	938	24 notice of the Shelter Care Hearing at which temporary
939	939	25 custody of ............... was awarded to
940	940
941	941
942	942
943	943
944	944
945	945	SB1305 - 25 - LRB104 08409 RLC 18460 b
946	946
947	947
948	948	SB1305- 26 -LRB104 08409 RLC 18460 b SB1305 - 26 - LRB104 08409 RLC 18460 b
949	949	SB1305 - 26 - LRB104 08409 RLC 18460 b
950	950	1 ................, you have the right to request a full
951	951	2 rehearing on whether the State should have temporary
952	952	3 custody of ................. To request this rehearing,
953	953	4 you must file with the Clerk of the Juvenile Court
954	954	5 (address): ........................, in person or by
955	955	6 mailing a statement (affidavit) setting forth the
956	956	7 following:
957	957	8 1. That you were not present at the shelter care
958	958	9 hearing.
959	959	10 2. That you did not get adequate notice
960	960	11 (explaining how the notice was inadequate).
961	961	12 3. Your signature.
962	962	13 4. Signature must be notarized.
963	963	14 The rehearing should be scheduled within 48 hours of
964	964	15 your filing this affidavit.
965	965	16 At the rehearing, your rights are the same as at the
966	966	17 initial shelter care hearing. The enclosed notice explains
967	967	18 those rights.
968	968	19 At the Shelter Care Hearing, children have the
969	969	20 following rights:
970	970	21 1. To have a guardian ad litem appointed.
971	971	22 2. To be declared competent as a witness and to
972	972	23 present testimony concerning:
973	973	24 a. Whether they are abused, neglected or
974	974	25 dependent.
975	975	26 b. Whether there is "immediate and urgent
976	976
977	977
978	978
979	979
980	980
981	981	SB1305 - 26 - LRB104 08409 RLC 18460 b
982	982
983	983
984	984	SB1305- 27 -LRB104 08409 RLC 18460 b SB1305 - 27 - LRB104 08409 RLC 18460 b
985	985	SB1305 - 27 - LRB104 08409 RLC 18460 b
986	986	1 necessity" to be removed from home.
987	987	2 c. Their best interests.
988	988	3 3. To cross examine witnesses for other parties.
989	989	4 4. To obtain an explanation of any proceedings and
990	990	5 orders of the court.
991	991	6 (4) If the parent, guardian, legal custodian, responsible
992	992	7 relative, minor age 8 or over, or counsel of the minor did not
993	993	8 have actual notice of or was not present at the shelter care
994	994	9 hearing, the parent, guardian, legal custodian, responsible
995	995	10 relative, minor age 8 or over, or counsel of the minor may file
996	996	11 an affidavit setting forth these facts, and the clerk shall
997	997	12 set the matter for rehearing not later than 48 hours,
998	998	13 excluding Sundays and legal holidays, after the filing of the
999	999	14 affidavit. At the rehearing, the court shall proceed in the
1000	1000	15 same manner as upon the original hearing.
1001	1001	16 (5) Only when there is reasonable cause to believe that
1002	1002	17 the minor taken into custody is a person described in
1003	1003	18 subsection (3) of Section 5-105 may the minor be kept or
1004	1004	19 detained in a detention home or county or municipal jail. This
1005	1005	20 Section shall in no way be construed to limit subsection (6).
1006	1006	21 (6) No minor under 16 years of age may be confined in a
1007	1007	22 jail or place ordinarily used for the confinement of prisoners
1008	1008	23 in a police station. Minors under 18 years of age must be kept
1009	1009	24 separate from confined adults and may not at any time be kept
1010	1010	25 in the same cell, room, or yard with adults confined pursuant
1011	1011	26 to the criminal law.
1012	1012
1013	1013
1014	1014
1015	1015
1016	1016
1017	1017	SB1305 - 27 - LRB104 08409 RLC 18460 b
1018	1018
1019	1019
1020	1020	SB1305- 28 -LRB104 08409 RLC 18460 b SB1305 - 28 - LRB104 08409 RLC 18460 b
1021	1021	SB1305 - 28 - LRB104 08409 RLC 18460 b
1022	1022	1 (7) If the minor is not brought before a judicial officer
1023	1023	2 within the time period as specified in Section 2-9, the minor
1024	1024	3 must immediately be released from custody.
1025	1025	4 (8) If neither the parent, guardian, or custodian appears
1026	1026	5 within 24 hours to take custody of a minor released upon
1027	1027	6 request pursuant to subsection (2) of this Section, then the
1028	1028	7 clerk of the court shall set the matter for rehearing not later
1029	1029	8 than 7 days after the original order and shall issue a summons
1030	1030	9 directed to the parent, guardian, or custodian to appear. At
1031	1031	10 the same time the probation department shall prepare a report
1032	1032	11 on the minor. If a parent, guardian, or custodian does not
1033	1033	12 appear at such rehearing, the judge may enter an order
1034	1034	13 prescribing that the minor be kept in a suitable place
1035	1035	14 designated by the Department of Children and Family Services
1036	1036	15 or a licensed child welfare agency.
1037	1037	16 (9) Notwithstanding any other provision of this Section
1038	1038	17 any interested party, including the State, the temporary
1039	1039	18 custodian, an agency providing services to the minor or family
1040	1040	19 under a service plan pursuant to Section 8.2 of the Abused and
1041	1041	20 Neglected Child Reporting Act, foster parent, or any of their
1042	1042	21 representatives, on notice to all parties entitled to notice,
1043	1043	22 may file a motion that it is in the best interests of the minor
1044	1044	23 to modify or vacate a temporary custody order on any of the
1045	1045	24 following grounds:
1046	1046	25 (a) It is no longer a matter of immediate and urgent
1047	1047	26 necessity that the minor remain in shelter care; or
1048	1048
1049	1049
1050	1050
1051	1051
1052	1052
1053	1053	SB1305 - 28 - LRB104 08409 RLC 18460 b
1054	1054
1055	1055
1056	1056	SB1305- 29 -LRB104 08409 RLC 18460 b SB1305 - 29 - LRB104 08409 RLC 18460 b
1057	1057	SB1305 - 29 - LRB104 08409 RLC 18460 b
1058	1058	1 (b) There is a material change in the circumstances of
1059	1059	2 the natural family from which the minor was removed and
1060	1060	3 the child can be cared for at home without endangering the
1061	1061	4 child's health or safety; or
1062	1062	5 (c) A person not a party to the alleged abuse, neglect
1063	1063	6 or dependency, including a parent, relative, or legal
1064	1064	7 guardian, is capable of assuming temporary custody of the
1065	1065	8 minor; or
1066	1066	9 (d) Services provided by the Department of Children
1067	1067	10 and Family Services or a child welfare agency or other
1068	1068	11 service provider have been successful in eliminating the
1069	1069	12 need for temporary custody and the child can be cared for
1070	1070	13 at home without endangering the child's health or safety.
1071	1071	14 In ruling on the motion, the court shall determine whether
1072	1072	15 it is consistent with the health, safety, and best interests
1073	1073	16 of the minor to modify or vacate a temporary custody order. If
1074	1074	17 the minor is being restored to the custody of a parent, legal
1075	1075	18 custodian, or guardian who lives outside of Illinois, and an
1076	1076	19 Interstate Compact has been requested and refused, the court
1077	1077	20 may order the Department of Children and Family Services to
1078	1078	21 arrange for an assessment of the minor's proposed living
1079	1079	22 arrangement and for ongoing monitoring of the health, safety,
1080	1080	23 and best interest of the minor and compliance with any order of
1081	1081	24 protective supervision entered in accordance with Section 2-20
1082	1082	25 or 2-25.
1083	1083	26 The clerk shall set the matter for hearing not later than
1084	1084
1085	1085
1086	1086
1087	1087
1088	1088
1089	1089	SB1305 - 29 - LRB104 08409 RLC 18460 b
1090	1090
1091	1091
1092	1092	SB1305- 30 -LRB104 08409 RLC 18460 b SB1305 - 30 - LRB104 08409 RLC 18460 b
1093	1093	SB1305 - 30 - LRB104 08409 RLC 18460 b
1094	1094	1 14 days after such motion is filed. In the event that the court
1095	1095	2 modifies or vacates a temporary custody order but does not
1096	1096	3 vacate its finding of probable cause, the court may order that
1097	1097	4 appropriate services be continued or initiated in behalf of
1098	1098	5 the minor and the minor's family.
1099	1099	6 (10) When the court finds or has found that there is
1100	1100	7 probable cause to believe a minor is an abused minor as
1101	1101	8 described in subsection (2) of Section 2-3 and that there is an
1102	1102	9 immediate and urgent necessity for the abused minor to be
1103	1103	10 placed in shelter care, immediate and urgent necessity shall
1104	1104	11 be presumed for any other minor residing in the same household
1105	1105	12 as the abused minor provided:
1106	1106	13 (a) Such other minor is the subject of an abuse or
1107	1107	14 neglect petition pending before the court; and
1108	1108	15 (b) A party to the petition is seeking shelter care
1109	1109	16 for such other minor.
1110	1110	17 Once the presumption of immediate and urgent necessity has
1111	1111	18 been raised, the burden of demonstrating the lack of immediate
1112	1112	19 and urgent necessity shall be on any party that is opposing
1113	1113	20 shelter care for the other minor.
1114	1114	21 (11) The changes made to this Section by Public Act 98-61
1115	1115	22 apply to a minor who has been arrested or taken into custody on
1116	1116	23 or after January 1, 2014 (the effective date of Public Act
1117	1117	24 98-61).
1118	1118	25 (12) After the court has placed a minor in the care of a
1119	1119	26 temporary custodian pursuant to this Section, any party may
1120	1120
1121	1121
1122	1122
1123	1123
1124	1124
1125	1125	SB1305 - 30 - LRB104 08409 RLC 18460 b
1126	1126
1127	1127
1128	1128	SB1305- 31 -LRB104 08409 RLC 18460 b SB1305 - 31 - LRB104 08409 RLC 18460 b
1129	1129	SB1305 - 31 - LRB104 08409 RLC 18460 b
1130	1130	1 file a motion requesting the court to grant the temporary
1131	1131	2 custodian the authority to serve as a surrogate decision maker
1132	1132	3 for the minor under the Health Care Surrogate Act for purposes
1133	1133	4 of making decisions pursuant to paragraph (1) of subsection
1134	1134	5 (b) of Section 20 of the Health Care Surrogate Act. The court
1135	1135	6 may grant the motion if it determines by clear and convincing
1136	1136	7 evidence that it is in the best interests of the minor to grant
1137	1137	8 the temporary custodian such authority. In making its
1138	1138	9 determination, the court shall weigh the following factors in
1139	1139	10 addition to considering the best interests factors listed in
1140	1140	11 subsection (4.05) of Section 1-3 of this Act:
1141	1141	12 (a) the efforts to identify and locate the respondents
1142	1142	13 and adult family members of the minor and the results of
1143	1143	14 those efforts;
1144	1144	15 (b) the efforts to engage the respondents and adult
1145	1145	16 family members of the minor in decision making on behalf
1146	1146	17 of the minor;
1147	1147	18 (c) the length of time the efforts in paragraphs (a)
1148	1148	19 and (b) have been ongoing;
1149	1149	20 (d) the relationship between the respondents and adult
1150	1150	21 family members and the minor;
1151	1151	22 (e) medical testimony regarding the extent to which
1152	1152	23 the minor is suffering and the impact of a delay in
1153	1153	24 decision-making on the minor; and
1154	1154	25 (f) any other factor the court deems relevant.
1155	1155	26 If the Department of Children and Family Services is the
1156	1156
1157	1157
1158	1158
1159	1159
1160	1160
1161	1161	SB1305 - 31 - LRB104 08409 RLC 18460 b
1162	1162
1163	1163
1164	1164	SB1305- 32 -LRB104 08409 RLC 18460 b SB1305 - 32 - LRB104 08409 RLC 18460 b
1165	1165	SB1305 - 32 - LRB104 08409 RLC 18460 b
1166	1166	1 temporary custodian of the minor, in addition to the
1167	1167	2 requirements of paragraph (1) of subsection (b) of Section 20
1168	1168	3 of the Health Care Surrogate Act, the Department shall follow
1169	1169	4 its rules and procedures in exercising authority granted under
1170	1170	5 this subsection.
1171	1171	6 (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
1172	1172	7 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-605, eff.
1173	1173	8 7-1-24.)
1174	1174	9 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
1175	1175	10 Sec. 2-13. Petition.
1176	1176	11 (1) Any adult person, any agency or association by its
1177	1177	12 representative may file, or the court on its own motion,
1178	1178	13 consistent with the health, safety and best interests of the
1179	1179	14 minor may direct the filing through the State's Attorney of a
1180	1180	15 petition in respect of a minor under this Act. The petition and
1181	1181	16 all subsequent court documents shall be entitled "In the
1182	1182	17 interest of ...., a minor".
1183	1183	18 (2) The petition shall be verified but the statements may
1184	1184	19 be made upon information and belief. It shall allege that the
1185	1185	20 minor is abused, neglected, or dependent, with citations to
1186	1186	21 the appropriate provisions of this Act, and set forth (a)
1187	1187	22 facts sufficient to bring the minor under Section 2-3 or 2-4
1188	1188	23 and to inform respondents of the cause of action, including,
1189	1189	24 but not limited to, a plain and concise statement of the
1190	1190	25 factual allegations that form the basis for the filing of the
1191	1191
1192	1192
1193	1193
1194	1194
1195	1195
1196	1196	SB1305 - 32 - LRB104 08409 RLC 18460 b
1197	1197
1198	1198
1199	1199	SB1305- 33 -LRB104 08409 RLC 18460 b SB1305 - 33 - LRB104 08409 RLC 18460 b
1200	1200	SB1305 - 33 - LRB104 08409 RLC 18460 b
1201	1201	1 petition; (b) the name, age and residence of the minor; (c) the
1202	1202	2 names and residences of the minor's parents; (d) the name and
1203	1203	3 residence of the minor's legal guardian or the person or
1204	1204	4 persons having custody or control of the minor, or of the
1205	1205	5 nearest known relative if no parent or guardian can be found;
1206	1206	6 and (e) if the minor upon whose behalf the petition is brought
1207	1207	7 is sheltered in custody, the date on which such temporary
1208	1208	8 custody was ordered by the court or the date set for a
1209	1209	9 temporary custody hearing. If any of the facts herein required
1210	1210	10 are not known by the petitioner, the petition shall so state.
1211	1211	11 (3) The petition must allege that it is in the best
1212	1212	12 interests of the minor and of the public that the minor be
1213	1213	13 adjudged a ward of the court and may pray generally for relief
1214	1214	14 available under this Act. The petition need not specify any
1215	1215	15 proposed disposition following adjudication of wardship. The
1216	1216	16 petition may request that the minor remain in the custody of
1217	1217	17 the parent, guardian, or custodian under an Order of
1218	1218	18 Protection.
1219	1219	19 (4) If termination of parental rights and appointment of a
1220	1220	20 guardian of the person with power to consent to adoption of the
1221	1221	21 minor under Section 2-29 is sought, the petition shall so
1222	1222	22 state. If the petition includes this request, the prayer for
1223	1223	23 relief shall clearly and obviously state that the parents
1224	1224	24 could permanently lose their rights as a parent at this
1225	1225	25 hearing.
1226	1226	26 In addition to the foregoing, the petitioner, by motion,
1227	1227
1228	1228
1229	1229
1230	1230
1231	1231
1232	1232	SB1305 - 33 - LRB104 08409 RLC 18460 b
1233	1233
1234	1234
1235	1235	SB1305- 34 -LRB104 08409 RLC 18460 b SB1305 - 34 - LRB104 08409 RLC 18460 b
1236	1236	SB1305 - 34 - LRB104 08409 RLC 18460 b
1237	1237	1 may request the termination of parental rights and appointment
1238	1238	2 of a guardian of the person with power to consent to adoption
1239	1239	3 of the minor under Section 2-29 at any time after the entry of
1240	1240	4 a dispositional order under Section 2-22.
1241	1241	5 (4.5) (a) Unless good cause exists that filing a petition
1242	1242	6 to terminate parental rights is contrary to the child's best
1243	1243	7 interests, with respect to any minors committed to its care
1244	1244	8 pursuant to this Act, the Department of Children and Family
1245	1245	9 Services shall request the State's Attorney to file a petition
1246	1246	10 or motion for termination of parental rights and appointment
1247	1247	11 of guardian of the person with power to consent to adoption of
1248	1248	12 the minor under Section 2-29 if:
1249	1249	13 (i) a minor has been in foster care, as described in
1250	1250	14 subsection (b), for 15 months of the most recent 22
1251	1251	15 months; or
1252	1252	16 (ii) a minor under the age of 2 years has been
1253	1253	17 previously determined to be abandoned at an adjudicatory
1254	1254	18 hearing; or
1255	1255	19 (iii) the parent is criminally convicted of:
1256	1256	20 (A) first degree murder or second degree murder of
1257	1257	21 any child;
1258	1258	22 (B) attempt or conspiracy to commit first degree
1259	1259	23 murder or second degree murder of any child;
1260	1260	24 (C) solicitation to commit murder of any child,
1261	1261	25 solicitation to commit murder for hire of any child,
1262	1262	26 or solicitation to commit second degree murder of any
1263	1263
1264	1264
1265	1265
1266	1266
1267	1267
1268	1268	SB1305 - 34 - LRB104 08409 RLC 18460 b
1269	1269
1270	1270
1271	1271	SB1305- 35 -LRB104 08409 RLC 18460 b SB1305 - 35 - LRB104 08409 RLC 18460 b
1272	1272	SB1305 - 35 - LRB104 08409 RLC 18460 b
1273	1273	1 child;
1274	1274	2 (D) aggravated battery, aggravated battery of a
1275	1275	3 child, or felony domestic battery, any of which has
1276	1276	4 resulted in serious injury to the minor or a sibling of
1277	1277	5 the minor;
1278	1278	6 (E) predatory criminal sexual assault of a child;
1279	1279	7 (E-5) aggravated criminal sexual assault;
1280	1280	8 (E-10) criminal sexual abuse in violation of
1281	1281	9 subsection (a) of Section 11-1.50 of the Criminal Code
1282	1282	10 of 1961 or the Criminal Code of 2012;
1283	1283	11 (E-15) sexual exploitation of a child;
1284	1284	12 (E-20) permitting sexual abuse of a child;
1285	1285	13 (E-25) criminal sexual assault; or
1286	1286	14 (F) an offense in any other state the elements of
1287	1287	15 which are similar and bear a substantial relationship
1288	1288	16 to any of the foregoing offenses.
1289	1289	17 (a-1) For purposes of this subsection (4.5), good cause
1290	1290	18 exists in the following circumstances:
1291	1291	19 (i) the child is being cared for by a relative,
1292	1292	20 (ii) the Department has documented in the case plan a
1293	1293	21 compelling reason for determining that filing such
1294	1294	22 petition would not be in the best interests of the child,
1295	1295	23 (iii) the court has found within the preceding 12
1296	1296	24 months that the Department has failed to make active
1297	1297	25 reasonable efforts to reunify the child and family, or
1298	1298	26 (iv) the parent is incarcerated, or the parent's prior
1299	1299
1300	1300
1301	1301
1302	1302
1303	1303
1304	1304	SB1305 - 35 - LRB104 08409 RLC 18460 b
1305	1305
1306	1306
1307	1307	SB1305- 36 -LRB104 08409 RLC 18460 b SB1305 - 36 - LRB104 08409 RLC 18460 b
1308	1308	SB1305 - 36 - LRB104 08409 RLC 18460 b
1309	1309	1 incarceration is a significant factor in why the child has
1310	1310	2 been in foster care for 15 months out of any 22-month
1311	1311	3 period, the parent maintains a meaningful role in the
1312	1312	4 child's life, and the Department has not documented
1313	1313	5 another reason why it would otherwise be appropriate to
1314	1314	6 file a petition to terminate parental rights pursuant to
1315	1315	7 this Section and the Adoption Act. The assessment of
1316	1316	8 whether an incarcerated parent maintains a meaningful role
1317	1317	9 in the child's life may include consideration of the
1318	1318	10 following:
1319	1319	11 (A) the child's best interest;
1320	1320	12 (B) the parent's expressions or acts of
1321	1321	13 manifesting concern for the child, such as letters,
1322	1322	14 telephone calls, visits, and other forms of
1323	1323	15 communication with the child and the impact of the
1324	1324	16 communication on the child;
1325	1325	17 (C) the parent's efforts to communicate with and
1326	1326	18 work with the Department for the purpose of complying
1327	1327	19 with the service plan and repairing, maintaining, or
1328	1328	20 building the parent-child relationship; or
1329	1329	21 (D) limitations in the parent's access to family
1330	1330	22 support programs, therapeutic services, visiting
1331	1331	23 opportunities, telephone and mail services, and
1332	1332	24 meaningful participation in court proceedings.
1333	1333	25 (b) For purposes of this subsection, the date of entering
1334	1334	26 foster care is defined as the earlier of:
1335	1335
1336	1336
1337	1337
1338	1338
1339	1339
1340	1340	SB1305 - 36 - LRB104 08409 RLC 18460 b
1341	1341
1342	1342
1343	1343	SB1305- 37 -LRB104 08409 RLC 18460 b SB1305 - 37 - LRB104 08409 RLC 18460 b
1344	1344	SB1305 - 37 - LRB104 08409 RLC 18460 b
1345	1345	1 (1) The date of a judicial finding at an adjudicatory
1346	1346	2 hearing that the child is an abused, neglected, or
1347	1347	3 dependent minor; or
1348	1348	4 (2) 60 days after the date on which the child is
1349	1349	5 removed from the child's parent, guardian, or legal
1350	1350	6 custodian.
1351	1351	7 (c) (Blank).
1352	1352	8 (d) (Blank).
1353	1353	9 (5) The court shall liberally allow the petitioner to
1354	1354	10 amend the petition to set forth a cause of action or to add,
1355	1355	11 amend, or supplement factual allegations that form the basis
1356	1356	12 for a cause of action up until 14 days before the adjudicatory
1357	1357	13 hearing. The petitioner may amend the petition after that date
1358	1358	14 and prior to the adjudicatory hearing if the court grants
1359	1359	15 leave to amend upon a showing of good cause. The court may
1360	1360	16 allow amendment of the petition to conform with the evidence
1361	1361	17 at any time prior to ruling. In all cases in which the court
1362	1362	18 has granted leave to amend based on new evidence or new
1363	1363	19 allegations, the court shall permit the respondent an adequate
1364	1364	20 opportunity to prepare a defense to the amended petition.
1365	1365	21 (6) At any time before dismissal of the petition or before
1366	1366	22 final closing and discharge under Section 2-31, one or more
1367	1367	23 motions in the best interests of the minor may be filed. The
1368	1368	24 motion shall specify sufficient facts in support of the relief
1369	1369	25 requested.
1370	1370	26 (Source: P.A. 103-22, eff. 8-8-23.)
1371	1371
1372	1372
1373	1373
1374	1374
1375	1375
1376	1376	SB1305 - 37 - LRB104 08409 RLC 18460 b
1377	1377
1378	1378
1379	1379	SB1305- 38 -LRB104 08409 RLC 18460 b SB1305 - 38 - LRB104 08409 RLC 18460 b
1380	1380	SB1305 - 38 - LRB104 08409 RLC 18460 b
1381	1381	1 (705 ILCS 405/2-13.1)
1382	1382	2 Sec. 2-13.1. Early termination of active reasonable
1383	1383	3 efforts.
1384	1384	4 (1) (a) In conjunction with, or at any time subsequent to,
1385	1385	5 the filing of a petition on behalf of a minor in accordance
1386	1386	6 with Section 2-13 of this Act, the State's Attorney, the
1387	1387	7 guardian ad litem, or the Department of Children and Family
1388	1388	8 Services may file a motion requesting a finding that active
1389	1389	9 reasonable efforts to reunify that minor with the minor's
1390	1390	10 parent or parents are no longer required and are to cease.
1391	1391	11 (b) The court shall grant this motion with respect to a
1392	1392	12 parent of the minor if the court finds after a hearing that the
1393	1393	13 parent has:
1394	1394	14 (i) had parental rights to another child of the parent
1395	1395	15 involuntarily terminated; or
1396	1396	16 (ii) been convicted of:
1397	1397	17 (A) first degree or second degree murder of
1398	1398	18 another child of the parent;
1399	1399	19 (B) attempt or conspiracy to commit first degree
1400	1400	20 or second degree murder of another child of the
1401	1401	21 parent;
1402	1402	22 (C) solicitation to commit murder of another child
1403	1403	23 of the parent, solicitation to commit murder for hire
1404	1404	24 of another child of the parent, or solicitation to
1405	1405	25 commit second degree murder of another child of the
1406	1406
1407	1407
1408	1408
1409	1409
1410	1410
1411	1411	SB1305 - 38 - LRB104 08409 RLC 18460 b
1412	1412
1413	1413
1414	1414	SB1305- 39 -LRB104 08409 RLC 18460 b SB1305 - 39 - LRB104 08409 RLC 18460 b
1415	1415	SB1305 - 39 - LRB104 08409 RLC 18460 b
1416	1416	1 parent;
1417	1417	2 (D) aggravated battery, aggravated battery of a
1418	1418	3 child, or felony domestic battery, any of which has
1419	1419	4 resulted in serious bodily injury to the minor or
1420	1420	5 another child of the parent; or
1421	1421	6 (E) an offense in any other state the elements of
1422	1422	7 which are similar and bear substantial relationship to
1423	1423	8 any of the foregoing offenses
1424	1424	9 unless the court sets forth in writing a compelling reason why
1425	1425	10 terminating active reasonable efforts to reunify the minor
1426	1426	11 with the parent would not be in the best interests of that
1427	1427	12 minor.
1428	1428	13 (c) The court shall also grant this motion with respect to
1429	1429	14 a parent of the minor if:
1430	1430	15 (i) after a hearing it determines that further
1431	1431	16 reunification services would no longer be appropriate, and
1432	1432	17 (ii) a dispositional hearing has already taken place.
1433	1433	18 (2) (a) The court shall hold a permanency hearing within
1434	1434	19 30 days of granting a motion pursuant to this subsection. If an
1435	1435	20 adjudicatory or a dispositional hearing, or both, has not
1436	1436	21 taken place when the court grants a motion pursuant to this
1437	1437	22 Section, then either or both hearings shall be held as needed
1438	1438	23 so that both take place on or before the date a permanency
1439	1439	24 hearing is held pursuant to this subsection.
1440	1440	25 (b) Following a permanency hearing held pursuant to
1441	1441	26 paragraph (a) of this subsection, the appointed custodian or
1442	1442
1443	1443
1444	1444
1445	1445
1446	1446
1447	1447	SB1305 - 39 - LRB104 08409 RLC 18460 b
1448	1448
1449	1449
1450	1450	SB1305- 40 -LRB104 08409 RLC 18460 b SB1305 - 40 - LRB104 08409 RLC 18460 b
1451	1451	SB1305 - 40 - LRB104 08409 RLC 18460 b
1452	1452	1 guardian of the minor shall make reasonable efforts to place
1453	1453	2 the child in accordance with the permanency plan and goal set
1454	1454	3 by the court, and to complete the necessary steps to locate and
1455	1455	4 finalize a permanent placement.
1456	1456	5 (Source: P.A. 103-22, eff. 8-8-23.)
1457	1457	6 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
1458	1458	7 Sec. 2-21. Findings and adjudication.
1459	1459	8 (1) The court shall state for the record the manner in
1460	1460	9 which the parties received service of process and shall note
1461	1461	10 whether the return or returns of service, postal return
1462	1462	11 receipt or receipts for notice by certified mail, or
1463	1463	12 certificate or certificates of publication have been filed in
1464	1464	13 the court record. The court shall enter any appropriate orders
1465	1465	14 of default against any parent who has been properly served in
1466	1466	15 any manner and fails to appear.
1467	1467	16 No further service of process as defined in Sections 2-15
1468	1468	17 and 2-16 is required in any subsequent proceeding for a parent
1469	1469	18 who was properly served in any manner, except as required by
1470	1470	19 Supreme Court Rule 11.
1471	1471	20 The caseworker shall testify about the diligent search
1472	1472	21 conducted for the parent.
1473	1473	22 After hearing the evidence the court shall determine
1474	1474	23 whether or not the minor is abused, neglected, or dependent.
1475	1475	24 If it finds that the minor is not such a person, the court
1476	1476	25 shall order the petition dismissed and the minor discharged.
1477	1477
1478	1478
1479	1479
1480	1480
1481	1481
1482	1482	SB1305 - 40 - LRB104 08409 RLC 18460 b
1483	1483
1484	1484
1485	1485	SB1305- 41 -LRB104 08409 RLC 18460 b SB1305 - 41 - LRB104 08409 RLC 18460 b
1486	1486	SB1305 - 41 - LRB104 08409 RLC 18460 b
1487	1487	1 The court's determination of whether the minor is abused,
1488	1488	2 neglected, or dependent shall be stated in writing with the
1489	1489	3 factual basis supporting that determination.
1490	1490	4 If the court finds that the minor is abused, neglected, or
1491	1491	5 dependent, the court shall then determine and put in writing
1492	1492	6 the factual basis supporting that determination, and specify,
1493	1493	7 to the extent possible, the acts or omissions or both of each
1494	1494	8 parent, guardian, or legal custodian that form the basis of
1495	1495	9 the court's findings. That finding shall appear in the order
1496	1496	10 of the court.
1497	1497	11 If the court finds that the child has been abused,
1498	1498	12 neglected or dependent, the court shall admonish the parents
1499	1499	13 that they must cooperate with the Department of Children and
1500	1500	14 Family Services, comply with the terms of the service plan,
1501	1501	15 and correct the conditions that require the child to be in
1502	1502	16 care, or risk termination of parental rights.
1503	1503	17 If the court determines that a person has inflicted
1504	1504	18 physical or sexual abuse upon a minor, the court shall report
1505	1505	19 that determination to the Illinois State Police, which shall
1506	1506	20 include that information in its report to the President of the
1507	1507	21 school board for a school district that requests a criminal
1508	1508	22 history records check of that person, or the regional
1509	1509	23 superintendent of schools who requests a check of that person,
1510	1510	24 as required under Section 10-21.9 or 34-18.5 of the School
1511	1511	25 Code.
1512	1512	26 (2) If, pursuant to subsection (1) of this Section, the
1513	1513
1514	1514
1515	1515
1516	1516
1517	1517
1518	1518	SB1305 - 41 - LRB104 08409 RLC 18460 b
1519	1519
1520	1520
1521	1521	SB1305- 42 -LRB104 08409 RLC 18460 b SB1305 - 42 - LRB104 08409 RLC 18460 b
1522	1522	SB1305 - 42 - LRB104 08409 RLC 18460 b
1523	1523	1 court determines and puts in writing the factual basis
1524	1524	2 supporting the determination that the minor is either abused
1525	1525	3 or neglected or dependent, the court shall then set a time not
1526	1526	4 later than 30 days after the entry of the finding for a
1527	1527	5 dispositional hearing (unless an earlier date is required
1528	1528	6 pursuant to Section 2-13.1) to be conducted under Section 2-22
1529	1529	7 at which hearing the court shall determine whether it is
1530	1530	8 consistent with the health, safety and best interests of the
1531	1531	9 minor and the public that he be made a ward of the court. To
1532	1532	10 assist the court in making this and other determinations at
1533	1533	11 the dispositional hearing, the court may order that an
1534	1534	12 investigation be conducted and a dispositional report be
1535	1535	13 prepared concerning the minor's physical and mental history
1536	1536	14 and condition, family situation and background, economic
1537	1537	15 status, education, occupation, history of delinquency or
1538	1538	16 criminality, personal habits, and any other information that
1539	1539	17 may be helpful to the court. The dispositional hearing may be
1540	1540	18 continued once for a period not to exceed 30 days if the court
1541	1541	19 finds that such continuance is necessary to complete the
1542	1542	20 dispositional report.
1543	1543	21 (3) The time limits of this Section may be waived only by
1544	1544	22 consent of all parties and approval by the court, as
1545	1545	23 determined to be consistent with the health, safety and best
1546	1546	24 interests of the minor.
1547	1547	25 (4) For all cases adjudicated prior to July 1, 1991, for
1548	1548	26 which no dispositional hearing has been held prior to that
1549	1549
1550	1550
1551	1551
1552	1552
1553	1553
1554	1554	SB1305 - 42 - LRB104 08409 RLC 18460 b
1555	1555
1556	1556
1557	1557	SB1305- 43 -LRB104 08409 RLC 18460 b SB1305 - 43 - LRB104 08409 RLC 18460 b
1558	1558	SB1305 - 43 - LRB104 08409 RLC 18460 b
1559	1559	1 date, a dispositional hearing under Section 2-22 shall be held
1560	1560	2 within 90 days of July 1, 1991.
1561	1561	3 (5) The court may terminate the parental rights of a
1562	1562	4 parent at the initial dispositional hearing if all of the
1563	1563	5 following conditions are met:
1564	1564	6 (i) the original or amended petition contains a
1565	1565	7 request for termination of parental rights and appointment
1566	1566	8 of a guardian with power to consent to adoption; and
1567	1567	9 (ii) the court has found by a preponderance of
1568	1568	10 evidence, introduced or stipulated to at an adjudicatory
1569	1569	11 hearing, that the child comes under the jurisdiction of
1570	1570	12 the court as an abused, neglected, or dependent minor
1571	1571	13 under Section 2-18; and
1572	1572	14 (iii) the court finds, on the basis of clear and
1573	1573	15 convincing evidence admitted at the adjudicatory hearing
1574	1574	16 that the parent is an unfit person under subdivision D of
1575	1575	17 Section 1 of the Adoption Act; and
1576	1576	18 (iv) the court determines in accordance with the rules
1577	1577	19 of evidence for dispositional proceedings, that:
1578	1578	20 (A) it is in the best interest of the minor and
1579	1579	21 public that the child be made a ward of the court;
1580	1580	22 (A-5) active reasonable efforts under subsection
1581	1581	23 (l-1) of Section 5 of the Children and Family Services
1582	1582	24 Act are inappropriate or such efforts were made and
1583	1583	25 were unsuccessful; and
1584	1584	26 (B) termination of parental rights and appointment
1585	1585
1586	1586
1587	1587
1588	1588
1589	1589
1590	1590	SB1305 - 43 - LRB104 08409 RLC 18460 b
1591	1591
1592	1592
1593	1593	SB1305- 44 -LRB104 08409 RLC 18460 b SB1305 - 44 - LRB104 08409 RLC 18460 b
1594	1594	SB1305 - 44 - LRB104 08409 RLC 18460 b
1595	1595	1 of a guardian with power to consent to adoption is in
1596	1596	2 the best interest of the child pursuant to Section
1597	1597	3 2-29.
1598	1598	4 (Source: P.A. 102-538, eff. 8-20-21.)
1599	1599	5 (705 ILCS 405/2-28)
1600	1600	6 Sec. 2-28. Court review.
1601	1601	7 (1) The court may require any legal custodian or guardian
1602	1602	8 of the person appointed under this Act to report periodically
1603	1603	9 to the court or may cite the legal custodian or guardian into
1604	1604	10 court and require the legal custodian, guardian, or the legal
1605	1605	11 custodian's or guardian's agency to make a full and accurate
1606	1606	12 report of the doings of the legal custodian, guardian, or
1607	1607	13 agency on behalf of the minor. The custodian or guardian,
1608	1608	14 within 10 days after such citation, or earlier if the court
1609	1609	15 determines it to be necessary to protect the health, safety,
1610	1610	16 or welfare of the minor, shall make the report, either in
1611	1611	17 writing verified by affidavit or orally under oath in open
1612	1612	18 court, or otherwise as the court directs. Upon the hearing of
1613	1613	19 the report the court may remove the custodian or guardian and
1614	1614	20 appoint another in the custodian's or guardian's stead or
1615	1615	21 restore the minor to the custody of the minor's parents or
1616	1616	22 former guardian or custodian. However, custody of the minor
1617	1617	23 shall not be restored to any parent, guardian, or legal
1618	1618	24 custodian in any case in which the minor is found to be
1619	1619	25 neglected or abused under Section 2-3 or dependent under
1620	1620
1621	1621
1622	1622
1623	1623
1624	1624
1625	1625	SB1305 - 44 - LRB104 08409 RLC 18460 b
1626	1626
1627	1627
1628	1628	SB1305- 45 -LRB104 08409 RLC 18460 b SB1305 - 45 - LRB104 08409 RLC 18460 b
1629	1629	SB1305 - 45 - LRB104 08409 RLC 18460 b
1630	1630	1 Section 2-4 of this Act, unless the minor can be cared for at
1631	1631	2 home without endangering the minor's health or safety and it
1632	1632	3 is in the best interests of the minor, and if such neglect,
1633	1633	4 abuse, or dependency is found by the court under paragraph (1)
1634	1634	5 of Section 2-21 of this Act to have come about due to the acts
1635	1635	6 or omissions or both of such parent, guardian, or legal
1636	1636	7 custodian, until such time as an investigation is made as
1637	1637	8 provided in paragraph (5) and a hearing is held on the issue of
1638	1638	9 the fitness of such parent, guardian, or legal custodian to
1639	1639	10 care for the minor and the court enters an order that such
1640	1640	11 parent, guardian, or legal custodian is fit to care for the
1641	1641	12 minor.
1642	1642	13 (1.5) The public agency that is the custodian or guardian
1643	1643	14 of the minor shall file a written report with the court no
1644	1644	15 later than 15 days after a minor in the agency's care remains:
1645	1645	16 (1) in a shelter placement beyond 30 days;
1646	1646	17 (2) in a psychiatric hospital past the time when the
1647	1647	18 minor is clinically ready for discharge or beyond medical
1648	1648	19 necessity for the minor's health; or
1649	1649	20 (3) in a detention center or Department of Juvenile
1650	1650	21 Justice facility solely because the public agency cannot
1651	1651	22 find an appropriate placement for the minor.
1652	1652	23 The report shall explain the steps the agency is taking to
1653	1653	24 ensure the minor is placed appropriately, how the minor's
1654	1654	25 needs are being met in the minor's shelter placement, and if a
1655	1655	26 future placement has been identified by the Department, why
1656	1656
1657	1657
1658	1658
1659	1659
1660	1660
1661	1661	SB1305 - 45 - LRB104 08409 RLC 18460 b
1662	1662
1663	1663
1664	1664	SB1305- 46 -LRB104 08409 RLC 18460 b SB1305 - 46 - LRB104 08409 RLC 18460 b
1665	1665	SB1305 - 46 - LRB104 08409 RLC 18460 b
1666	1666	1 the anticipated placement is appropriate for the needs of the
1667	1667	2 minor and the anticipated placement date.
1668	1668	3 (1.6) Within 30 days after placing a child in its care in a
1669	1669	4 qualified residential treatment program, as defined by the
1670	1670	5 federal Social Security Act, the Department of Children and
1671	1671	6 Family Services shall prepare a written report for filing with
1672	1672	7 the court and send copies of the report to all parties. Within
1673	1673	8 20 days of the filing of the report, or as soon thereafter as
1674	1674	9 the court's schedule allows but not more than 60 days from the
1675	1675	10 date of placement, the court shall hold a hearing to consider
1676	1676	11 the Department's report and determine whether placement of the
1677	1677	12 child in a qualified residential treatment program provides
1678	1678	13 the most effective and appropriate level of care for the child
1679	1679	14 in the least restrictive environment and if the placement is
1680	1680	15 consistent with the short-term and long-term goals for the
1681	1681	16 child, as specified in the permanency plan for the child. The
1682	1682	17 court shall approve or disapprove the placement. If
1683	1683	18 applicable, the requirements of Sections 2-27.1 and 2-27.2
1684	1684	19 must also be met. The Department's written report and the
1685	1685	20 court's written determination shall be included in and made
1686	1686	21 part of the case plan for the child. If the child remains
1687	1687	22 placed in a qualified residential treatment program, the
1688	1688	23 Department shall submit evidence at each status and permanency
1689	1689	24 hearing:
1690	1690	25 (1) demonstrating that on-going assessment of the
1691	1691	26 strengths and needs of the child continues to support the
1692	1692
1693	1693
1694	1694
1695	1695
1696	1696
1697	1697	SB1305 - 46 - LRB104 08409 RLC 18460 b
1698	1698
1699	1699
1700	1700	SB1305- 47 -LRB104 08409 RLC 18460 b SB1305 - 47 - LRB104 08409 RLC 18460 b
1701	1701	SB1305 - 47 - LRB104 08409 RLC 18460 b
1702	1702	1 determination that the child's needs cannot be met through
1703	1703	2 placement in a foster family home, that the placement
1704	1704	3 provides the most effective and appropriate level of care
1705	1705	4 for the child in the least restrictive, appropriate
1706	1706	5 environment, and that the placement is consistent with the
1707	1707	6 short-term and long-term permanency goal for the child, as
1708	1708	7 specified in the permanency plan for the child;
1709	1709	8 (2) documenting the specific treatment or service
1710	1710	9 needs that should be met for the child in the placement and
1711	1711	10 the length of time the child is expected to need the
1712	1712	11 treatment or services; and
1713	1713	12 (3) the efforts made by the agency to prepare the
1714	1714	13 child to return home or to be placed with a fit and willing
1715	1715	14 relative, a legal guardian, or an adoptive parent, or in a
1716	1716	15 foster family home.
1717	1717	16 (2) The first permanency hearing shall be conducted by the
1718	1718	17 judge. Subsequent permanency hearings may be heard by a judge
1719	1719	18 or by hearing officers appointed or approved by the court in
1720	1720	19 the manner set forth in Section 2-28.1 of this Act. The initial
1721	1721	20 hearing shall be held (a) within 12 months from the date
1722	1722	21 temporary custody was taken, regardless of whether an
1723	1723	22 adjudication or dispositional hearing has been completed
1724	1724	23 within that time frame, (b) if the parental rights of both
1725	1725	24 parents have been terminated in accordance with the procedure
1726	1726	25 described in subsection (5) of Section 2-21, within 30 days of
1727	1727	26 the order for termination of parental rights and appointment
1728	1728
1729	1729
1730	1730
1731	1731
1732	1732
1733	1733	SB1305 - 47 - LRB104 08409 RLC 18460 b
1734	1734
1735	1735
1736	1736	SB1305- 48 -LRB104 08409 RLC 18460 b SB1305 - 48 - LRB104 08409 RLC 18460 b
1737	1737	SB1305 - 48 - LRB104 08409 RLC 18460 b
1738	1738	1 of a guardian with power to consent to adoption, or (c) in
1739	1739	2 accordance with subsection (2) of Section 2-13.1. Subsequent
1740	1740	3 permanency hearings shall be held every 6 months or more
1741	1741	4 frequently if necessary in the court's determination following
1742	1742	5 the initial permanency hearing, in accordance with the
1743	1743	6 standards set forth in this Section, until the court
1744	1744	7 determines that the plan and goal have been achieved. Once the
1745	1745	8 plan and goal have been achieved, if the minor remains in
1746	1746	9 substitute care, the case shall be reviewed at least every 6
1747	1747	10 months thereafter, subject to the provisions of this Section,
1748	1748	11 unless the minor is placed in the guardianship of a suitable
1749	1749	12 relative or other person and the court determines that further
1750	1750	13 monitoring by the court does not further the health, safety,
1751	1751	14 or best interest of the child and that this is a stable
1752	1752	15 permanent placement. The permanency hearings must occur within
1753	1753	16 the time frames set forth in this subsection and may not be
1754	1754	17 delayed in anticipation of a report from any source or due to
1755	1755	18 the agency's failure to timely file its written report (this
1756	1756	19 written report means the one required under the next paragraph
1757	1757	20 and does not mean the service plan also referred to in that
1758	1758	21 paragraph).
1759	1759	22 The public agency that is the custodian or guardian of the
1760	1760	23 minor, or another agency responsible for the minor's care,
1761	1761	24 shall ensure that all parties to the permanency hearings are
1762	1762	25 provided a copy of the most recent service plan prepared
1763	1763	26 within the prior 6 months at least 14 days in advance of the
1764	1764
1765	1765
1766	1766
1767	1767
1768	1768
1769	1769	SB1305 - 48 - LRB104 08409 RLC 18460 b
1770	1770
1771	1771
1772	1772	SB1305- 49 -LRB104 08409 RLC 18460 b SB1305 - 49 - LRB104 08409 RLC 18460 b
1773	1773	SB1305 - 49 - LRB104 08409 RLC 18460 b
1774	1774	1 hearing. If not contained in the agency's service plan, the
1775	1775	2 agency shall also include a report setting forth (i) any
1776	1776	3 special physical, psychological, educational, medical,
1777	1777	4 emotional, or other needs of the minor or the minor's family
1778	1778	5 that are relevant to a permanency or placement determination
1779	1779	6 and (ii) for any minor age 16 or over, a written description of
1780	1780	7 the programs and services that will enable the minor to
1781	1781	8 prepare for independent living. If not contained in the
1782	1782	9 agency's service plan, the agency's report shall specify if a
1783	1783	10 minor is placed in a licensed child care facility under a
1784	1784	11 corrective plan by the Department due to concerns impacting
1785	1785	12 the minor's safety and well-being. The report shall explain
1786	1786	13 the steps the Department is taking to ensure the safety and
1787	1787	14 well-being of the minor and that the minor's needs are met in
1788	1788	15 the facility. The agency's written report must detail what
1789	1789	16 progress or lack of progress the parent has made in correcting
1790	1790	17 the conditions requiring the child to be in care; whether the
1791	1791	18 child can be returned home without jeopardizing the child's
1792	1792	19 health, safety, and welfare, and, if not, what permanency goal
1793	1793	20 is recommended to be in the best interests of the child, and
1794	1794	21 why the other permanency goals are not appropriate. The
1795	1795	22 caseworker must appear and testify at the permanency hearing.
1796	1796	23 If a permanency hearing has not previously been scheduled by
1797	1797	24 the court, the moving party shall move for the setting of a
1798	1798	25 permanency hearing and the entry of an order within the time
1799	1799	26 frames set forth in this subsection.
1800	1800
1801	1801
1802	1802
1803	1803
1804	1804
1805	1805	SB1305 - 49 - LRB104 08409 RLC 18460 b
1806	1806
1807	1807
1808	1808	SB1305- 50 -LRB104 08409 RLC 18460 b SB1305 - 50 - LRB104 08409 RLC 18460 b
1809	1809	SB1305 - 50 - LRB104 08409 RLC 18460 b
1810	1810	1 At the permanency hearing, the court shall determine the
1811	1811	2 future status of the child. The court shall set one of the
1812	1812	3 following permanency goals:
1813	1813	4 (A) The minor will be returned home by a specific date
1814	1814	5 within 5 months.
1815	1815	6 (B) The minor will be in short-term care with a
1816	1816	7 continued goal to return home within a period not to
1817	1817	8 exceed one year, where the progress of the parent or
1818	1818	9 parents is substantial giving particular consideration to
1819	1819	10 the age and individual needs of the minor.
1820	1820	11 (B-1) The minor will be in short-term care with a
1821	1821	12 continued goal to return home pending a status hearing.
1822	1822	13 When the court finds that a parent has not made reasonable
1823	1823	14 efforts or reasonable progress to date, the court shall
1824	1824	15 identify what actions the parent and the Department must
1825	1825	16 take in order to justify a finding of reasonable efforts
1826	1826	17 or reasonable progress and shall set a status hearing to
1827	1827	18 be held not earlier than 9 months from the date of
1828	1828	19 adjudication nor later than 11 months from the date of
1829	1829	20 adjudication during which the parent's progress will again
1830	1830	21 be reviewed.
1831	1831	22 (C) The minor will be in substitute care pending court
1832	1832	23 determination on termination of parental rights.
1833	1833	24 (D) Adoption, provided that parental rights have been
1834	1834	25 terminated or relinquished.
1835	1835	26 (E) The guardianship of the minor will be transferred
1836	1836
1837	1837
1838	1838
1839	1839
1840	1840
1841	1841	SB1305 - 50 - LRB104 08409 RLC 18460 b
1842	1842
1843	1843
1844	1844	SB1305- 51 -LRB104 08409 RLC 18460 b SB1305 - 51 - LRB104 08409 RLC 18460 b
1845	1845	SB1305 - 51 - LRB104 08409 RLC 18460 b
1846	1846	1 to an individual or couple on a permanent basis provided
1847	1847	2 that goals (A) through (D) have been deemed inappropriate
1848	1848	3 and not in the child's best interests. The court shall
1849	1849	4 confirm that the Department has discussed adoption, if
1850	1850	5 appropriate, and guardianship with the caregiver prior to
1851	1851	6 changing a goal to guardianship.
1852	1852	7 (F) The minor over age 15 will be in substitute care
1853	1853	8 pending independence. In selecting this permanency goal,
1854	1854	9 the Department of Children and Family Services may provide
1855	1855	10 services to enable reunification and to strengthen the
1856	1856	11 minor's connections with family, fictive kin, and other
1857	1857	12 responsible adults, provided the services are in the
1858	1858	13 minor's best interest. The services shall be documented in
1859	1859	14 the service plan.
1860	1860	15 (G) The minor will be in substitute care because the
1861	1861	16 minor cannot be provided for in a home environment due to
1862	1862	17 developmental disabilities or mental illness or because
1863	1863	18 the minor is a danger to self or others, provided that
1864	1864	19 goals (A) through (D) have been deemed inappropriate and
1865	1865	20 not in the child's best interests.
1866	1866	21 In selecting any permanency goal, the court shall indicate
1867	1867	22 in writing the reasons the goal was selected and why the
1868	1868	23 preceding goals were deemed inappropriate and not in the
1869	1869	24 child's best interest. Where the court has selected a
1870	1870	25 permanency goal other than (A), (B), or (B-1), the Department
1871	1871	26 of Children and Family Services shall not provide further
1872	1872
1873	1873
1874	1874
1875	1875
1876	1876
1877	1877	SB1305 - 51 - LRB104 08409 RLC 18460 b
1878	1878
1879	1879
1880	1880	SB1305- 52 -LRB104 08409 RLC 18460 b SB1305 - 52 - LRB104 08409 RLC 18460 b
1881	1881	SB1305 - 52 - LRB104 08409 RLC 18460 b
1882	1882	1 reunification services, except as provided in paragraph (F) of
1883	1883	2 this subsection (2), but shall provide services consistent
1884	1884	3 with the goal selected.
1885	1885	4 (H) Notwithstanding any other provision in this
1886	1886	5 Section, the court may select the goal of continuing
1887	1887	6 foster care as a permanency goal if:
1888	1888	7 (1) The Department of Children and Family Services
1889	1889	8 has custody and guardianship of the minor;
1890	1890	9 (2) The court has deemed all other permanency
1891	1891	10 goals inappropriate based on the child's best
1892	1892	11 interest;
1893	1893	12 (3) The court has found compelling reasons, based
1894	1894	13 on written documentation reviewed by the court, to
1895	1895	14 place the minor in continuing foster care. Compelling
1896	1896	15 reasons include:
1897	1897	16 (a) the child does not wish to be adopted or to
1898	1898	17 be placed in the guardianship of the minor's
1899	1899	18 relative or foster care placement;
1900	1900	19 (b) the child exhibits an extreme level of
1901	1901	20 need such that the removal of the child from the
1902	1902	21 minor's placement would be detrimental to the
1903	1903	22 child; or
1904	1904	23 (c) the child who is the subject of the
1905	1905	24 permanency hearing has existing close and strong
1906	1906	25 bonds with a sibling, and achievement of another
1907	1907	26 permanency goal would substantially interfere with
1908	1908
1909	1909
1910	1910
1911	1911
1912	1912
1913	1913	SB1305 - 52 - LRB104 08409 RLC 18460 b
1914	1914
1915	1915
1916	1916	SB1305- 53 -LRB104 08409 RLC 18460 b SB1305 - 53 - LRB104 08409 RLC 18460 b
1917	1917	SB1305 - 53 - LRB104 08409 RLC 18460 b
1918	1918	1 the subject child's sibling relationship, taking
1919	1919	2 into consideration the nature and extent of the
1920	1920	3 relationship, and whether ongoing contact is in
1921	1921	4 the subject child's best interest, including
1922	1922	5 long-term emotional interest, as compared with the
1923	1923	6 legal and emotional benefit of permanence;
1924	1924	7 (4) The child has lived with the relative or
1925	1925	8 foster parent for at least one year; and
1926	1926	9 (5) The relative or foster parent currently caring
1927	1927	10 for the child is willing and capable of providing the
1928	1928	11 child with a stable and permanent environment.
1929	1929	12 The court shall set a permanency goal that is in the best
1930	1930	13 interest of the child. In determining that goal, the court
1931	1931	14 shall consult with the minor in an age-appropriate manner
1932	1932	15 regarding the proposed permanency or transition plan for the
1933	1933	16 minor. The court's determination shall include the following
1934	1934	17 factors:
1935	1935	18 (1) Age of the child.
1936	1936	19 (2) Options available for permanence, including both
1937	1937	20 out-of-state and in-state placement options.
1938	1938	21 (3) Current placement of the child and the intent of
1939	1939	22 the family regarding adoption.
1940	1940	23 (4) Emotional, physical, and mental status or
1941	1941	24 condition of the child.
1942	1942	25 (5) Types of services previously offered and whether
1943	1943	26 or not the services were successful and, if not
1944	1944
1945	1945
1946	1946
1947	1947
1948	1948
1949	1949	SB1305 - 53 - LRB104 08409 RLC 18460 b
1950	1950
1951	1951
1952	1952	SB1305- 54 -LRB104 08409 RLC 18460 b SB1305 - 54 - LRB104 08409 RLC 18460 b
1953	1953	SB1305 - 54 - LRB104 08409 RLC 18460 b
1954	1954	1 successful, the reasons the services failed.
1955	1955	2 (6) Availability of services currently needed and
1956	1956	3 whether the services exist.
1957	1957	4 (7) Status of siblings of the minor.
1958	1958	5 The court shall consider (i) the permanency goal contained
1959	1959	6 in the service plan, (ii) the appropriateness of the services
1960	1960	7 contained in the plan and whether those services have been
1961	1961	8 provided, (iii) whether reasonable efforts have been made by
1962	1962	9 all the parties to the service plan to achieve the goal, and
1963	1963	10 (iv) whether the plan and goal have been achieved. All
1964	1964	11 evidence relevant to determining these questions, including
1965	1965	12 oral and written reports, may be admitted and may be relied on
1966	1966	13 to the extent of their probative value. If the court makes
1967	1967	14 findings that the Department has failed to make active efforts
1968	1968	15 to provide services as provided in the service plan, the
1969	1969	16 court's order shall specify each party that failure applies to
1970	1970	17 and the applicable time period.
1971	1971	18 The court shall make findings as to whether, in violation
1972	1972	19 of Section 8.2 of the Abused and Neglected Child Reporting
1973	1973	20 Act, any portion of the service plan compels a child or parent
1974	1974	21 to engage in any activity or refrain from any activity that is
1975	1975	22 not reasonably related to remedying a condition or conditions
1976	1976	23 that gave rise or which could give rise to any finding of child
1977	1977	24 abuse or neglect. The services contained in the service plan
1978	1978	25 shall include services reasonably related to remedy the
1979	1979	26 conditions that gave rise to removal of the child from the home
1980	1980
1981	1981
1982	1982
1983	1983
1984	1984
1985	1985	SB1305 - 54 - LRB104 08409 RLC 18460 b
1986	1986
1987	1987
1988	1988	SB1305- 55 -LRB104 08409 RLC 18460 b SB1305 - 55 - LRB104 08409 RLC 18460 b
1989	1989	SB1305 - 55 - LRB104 08409 RLC 18460 b
1990	1990	1 of the child's parents, guardian, or legal custodian or that
1991	1991	2 the court has found must be remedied prior to returning the
1992	1992	3 child home. Any tasks the court requires of the parents,
1993	1993	4 guardian, or legal custodian or child prior to returning the
1994	1994	5 child home must be reasonably related to remedying a condition
1995	1995	6 or conditions that gave rise to or which could give rise to any
1996	1996	7 finding of child abuse or neglect.
1997	1997	8 If the permanency goal is to return home, the court shall
1998	1998	9 make findings that identify any problems that are causing
1999	1999	10 continued placement of the children away from the home and
2000	2000	11 identify what outcomes would be considered a resolution to
2001	2001	12 these problems. The court shall explain to the parents that
2002	2002	13 these findings are based on the information that the court has
2003	2003	14 at that time and may be revised, should additional evidence be
2004	2004	15 presented to the court.
2005	2005	16 The court shall review the Sibling Contact Support Plan
2006	2006	17 developed or modified under subsection (f) of Section 7.4 of
2007	2007	18 the Children and Family Services Act, if applicable. If the
2008	2008	19 Department has not convened a meeting to develop or modify a
2009	2009	20 Sibling Contact Support Plan, or if the court finds that the
2010	2010	21 existing Plan is not in the child's best interest, the court
2011	2011	22 may enter an order requiring the Department to develop,
2012	2012	23 modify, or implement a Sibling Contact Support Plan, or order
2013	2013	24 mediation.
2014	2014	25 If the goal has been achieved, the court shall enter
2015	2015	26 orders that are necessary to conform the minor's legal custody
2016	2016
2017	2017
2018	2018
2019	2019
2020	2020
2021	2021	SB1305 - 55 - LRB104 08409 RLC 18460 b
2022	2022
2023	2023
2024	2024	SB1305- 56 -LRB104 08409 RLC 18460 b SB1305 - 56 - LRB104 08409 RLC 18460 b
2025	2025	SB1305 - 56 - LRB104 08409 RLC 18460 b
2026	2026	1 and status to those findings.
2027	2027	2 If, after receiving evidence, the court determines that
2028	2028	3 the services contained in the plan are not reasonably
2029	2029	4 calculated to facilitate achievement of the permanency goal,
2030	2030	5 the court shall put in writing the factual basis supporting
2031	2031	6 the determination and enter specific findings based on the
2032	2032	7 evidence. The court also shall enter an order for the
2033	2033	8 Department to develop and implement a new service plan or to
2034	2034	9 implement changes to the current service plan consistent with
2035	2035	10 the court's findings. The new service plan shall be filed with
2036	2036	11 the court and served on all parties within 45 days of the date
2037	2037	12 of the order. The court shall continue the matter until the new
2038	2038	13 service plan is filed. Except as authorized by subsection
2039	2039	14 (2.5) of this Section and as otherwise specifically authorized
2040	2040	15 by law, the court is not empowered under this Section to order
2041	2041	16 specific placements, specific services, or specific service
2042	2042	17 providers to be included in the service plan.
2043	2043	18 A guardian or custodian appointed by the court pursuant to
2044	2044	19 this Act shall file updated case plans with the court every 6
2045	2045	20 months.
2046	2046	21 Rights of wards of the court under this Act are
2047	2047	22 enforceable against any public agency by complaints for relief
2048	2048	23 by mandamus filed in any proceedings brought under this Act.
2049	2049	24 (2.5) If, after reviewing the evidence, including evidence
2050	2050	25 from the Department, the court determines that the minor's
2051	2051	26 current or planned placement is not necessary or appropriate
2052	2052
2053	2053
2054	2054
2055	2055
2056	2056
2057	2057	SB1305 - 56 - LRB104 08409 RLC 18460 b
2058	2058
2059	2059
2060	2060	SB1305- 57 -LRB104 08409 RLC 18460 b SB1305 - 57 - LRB104 08409 RLC 18460 b
2061	2061	SB1305 - 57 - LRB104 08409 RLC 18460 b
2062	2062	1 to facilitate achievement of the permanency goal, the court
2063	2063	2 shall put in writing the factual basis supporting its
2064	2064	3 determination and enter specific findings based on the
2065	2065	4 evidence. If the court finds that the minor's current or
2066	2066	5 planned placement is not necessary or appropriate, the court
2067	2067	6 may enter an order directing the Department to implement a
2068	2068	7 recommendation by the minor's treating clinician or a
2069	2069	8 clinician contracted by the Department to evaluate the minor
2070	2070	9 or a recommendation made by the Department. If the Department
2071	2071	10 places a minor in a placement under an order entered under this
2072	2072	11 subsection (2.5), the Department has the authority to remove
2073	2073	12 the minor from that placement when a change in circumstances
2074	2074	13 necessitates the removal to protect the minor's health,
2075	2075	14 safety, and best interest. If the Department determines
2076	2076	15 removal is necessary, the Department shall notify the parties
2077	2077	16 of the planned placement change in writing no later than 10
2078	2078	17 days prior to the implementation of its determination unless
2079	2079	18 remaining in the placement poses an imminent risk of harm to
2080	2080	19 the minor, in which case the Department shall notify the
2081	2081	20 parties of the placement change in writing immediately
2082	2082	21 following the implementation of its decision. The Department
2083	2083	22 shall notify others of the decision to change the minor's
2084	2084	23 placement as required by Department rule.
2085	2085	24 (3) Following the permanency hearing, the court shall
2086	2086	25 enter a written order that includes the determinations
2087	2087	26 required under subsection (2) of this Section and sets forth
2088	2088
2089	2089
2090	2090
2091	2091
2092	2092
2093	2093	SB1305 - 57 - LRB104 08409 RLC 18460 b
2094	2094
2095	2095
2096	2096	SB1305- 58 -LRB104 08409 RLC 18460 b SB1305 - 58 - LRB104 08409 RLC 18460 b
2097	2097	SB1305 - 58 - LRB104 08409 RLC 18460 b
2098	2098	1 the following:
2099	2099	2 (a) The future status of the minor, including the
2100	2100	3 permanency goal, and any order necessary to conform the
2101	2101	4 minor's legal custody and status to such determination; or
2102	2102	5 (b) If the permanency goal of the minor cannot be
2103	2103	6 achieved immediately, the specific reasons for continuing
2104	2104	7 the minor in the care of the Department of Children and
2105	2105	8 Family Services or other agency for short-term placement,
2106	2106	9 and the following determinations:
2107	2107	10 (i) (Blank).
2108	2108	11 (ii) Whether the services required by the court
2109	2109	12 and by any service plan prepared within the prior 6
2110	2110	13 months have been provided and (A) if so, whether the
2111	2111	14 services were reasonably calculated to facilitate the
2112	2112	15 achievement of the permanency goal or (B) if not
2113	2113	16 provided, why the services were not provided.
2114	2114	17 (iii) Whether the minor's current or planned
2115	2115	18 placement is necessary, and appropriate to the plan
2116	2116	19 and goal, recognizing the right of minors to the least
2117	2117	20 restrictive (most family-like) setting available and
2118	2118	21 in close proximity to the parents' home consistent
2119	2119	22 with the health, safety, best interest, and special
2120	2120	23 needs of the minor and, if the minor is placed
2121	2121	24 out-of-state, whether the out-of-state placement
2122	2122	25 continues to be appropriate and consistent with the
2123	2123	26 health, safety, and best interest of the minor.
2124	2124
2125	2125
2126	2126
2127	2127
2128	2128
2129	2129	SB1305 - 58 - LRB104 08409 RLC 18460 b
2130	2130
2131	2131
2132	2132	SB1305- 59 -LRB104 08409 RLC 18460 b SB1305 - 59 - LRB104 08409 RLC 18460 b
2133	2133	SB1305 - 59 - LRB104 08409 RLC 18460 b
2134	2134	1 (iv) (Blank).
2135	2135	2 (v) (Blank).
2136	2136	3 (4) The minor or any person interested in the minor may
2137	2137	4 apply to the court for a change in custody of the minor and the
2138	2138	5 appointment of a new custodian or guardian of the person or for
2139	2139	6 the restoration of the minor to the custody of the minor's
2140	2140	7 parents or former guardian or custodian.
2141	2141	8 When return home is not selected as the permanency goal:
2142	2142	9 (a) The Department, the minor, or the current foster
2143	2143	10 parent or relative caregiver seeking private guardianship
2144	2144	11 may file a motion for private guardianship of the minor.
2145	2145	12 Appointment of a guardian under this Section requires
2146	2146	13 approval of the court.
2147	2147	14 (b) The State's Attorney may file a motion to
2148	2148	15 terminate parental rights of any parent who has failed to
2149	2149	16 make active reasonable efforts to correct the conditions
2150	2150	17 which led to the removal of the child or reasonable
2151	2151	18 progress toward the return of the child, as defined in
2152	2152	19 subdivision (D)(m) of Section 1 of the Adoption Act or for
2153	2153	20 whom any other unfitness ground for terminating parental
2154	2154	21 rights as defined in subdivision (D) of Section 1 of the
2155	2155	22 Adoption Act exists.
2156	2156	23 When parental rights have been terminated for a
2157	2157	24 minimum of 3 years and the child who is the subject of the
2158	2158	25 permanency hearing is 13 years old or older and is not
2159	2159	26 currently placed in a placement likely to achieve
2160	2160
2161	2161
2162	2162
2163	2163
2164	2164
2165	2165	SB1305 - 59 - LRB104 08409 RLC 18460 b
2166	2166
2167	2167
2168	2168	SB1305- 60 -LRB104 08409 RLC 18460 b SB1305 - 60 - LRB104 08409 RLC 18460 b
2169	2169	SB1305 - 60 - LRB104 08409 RLC 18460 b
2170	2170	1 permanency, the Department of Children and Family Services
2171	2171	2 shall make reasonable efforts to locate parents whose
2172	2172	3 rights have been terminated, except when the Court
2173	2173	4 determines that those efforts would be futile or
2174	2174	5 inconsistent with the subject child's best interests. The
2175	2175	6 Department of Children and Family Services shall assess
2176	2176	7 the appropriateness of the parent whose rights have been
2177	2177	8 terminated, and shall, as appropriate, foster and support
2178	2178	9 connections between the parent whose rights have been
2179	2179	10 terminated and the youth. The Department of Children and
2180	2180	11 Family Services shall document its determinations and
2181	2181	12 efforts to foster connections in the child's case plan.
2182	2182	13 Custody of the minor shall not be restored to any parent,
2183	2183	14 guardian, or legal custodian in any case in which the minor is
2184	2184	15 found to be neglected or abused under Section 2-3 or dependent
2185	2185	16 under Section 2-4 of this Act, unless the minor can be cared
2186	2186	17 for at home without endangering the minor's health or safety
2187	2187	18 and it is in the best interest of the minor, and if such
2188	2188	19 neglect, abuse, or dependency is found by the court under
2189	2189	20 paragraph (1) of Section 2-21 of this Act to have come about
2190	2190	21 due to the acts or omissions or both of such parent, guardian,
2191	2191	22 or legal custodian, until such time as an investigation is
2192	2192	23 made as provided in paragraph (5) and a hearing is held on the
2193	2193	24 issue of the health, safety, and best interest of the minor and
2194	2194	25 the fitness of such parent, guardian, or legal custodian to
2195	2195	26 care for the minor and the court enters an order that such
2196	2196
2197	2197
2198	2198
2199	2199
2200	2200
2201	2201	SB1305 - 60 - LRB104 08409 RLC 18460 b
2202	2202
2203	2203
2204	2204	SB1305- 61 -LRB104 08409 RLC 18460 b SB1305 - 61 - LRB104 08409 RLC 18460 b
2205	2205	SB1305 - 61 - LRB104 08409 RLC 18460 b
2206	2206	1 parent, guardian, or legal custodian is fit to care for the
2207	2207	2 minor. If a motion is filed to modify or vacate a private
2208	2208	3 guardianship order and return the child to a parent, guardian,
2209	2209	4 or legal custodian, the court may order the Department of
2210	2210	5 Children and Family Services to assess the minor's current and
2211	2211	6 proposed living arrangements and to provide ongoing monitoring
2212	2212	7 of the health, safety, and best interest of the minor during
2213	2213	8 the pendency of the motion to assist the court in making that
2214	2214	9 determination. In the event that the minor has attained 18
2215	2215	10 years of age and the guardian or custodian petitions the court
2216	2216	11 for an order terminating the minor's guardianship or custody,
2217	2217	12 guardianship or custody shall terminate automatically 30 days
2218	2218	13 after the receipt of the petition unless the court orders
2219	2219	14 otherwise. No legal custodian or guardian of the person may be
2220	2220	15 removed without the legal custodian's or guardian's consent
2221	2221	16 until given notice and an opportunity to be heard by the court.
2222	2222	17 When the court orders a child restored to the custody of
2223	2223	18 the parent or parents, the court shall order the parent or
2224	2224	19 parents to cooperate with the Department of Children and
2225	2225	20 Family Services and comply with the terms of an after-care
2226	2226	21 plan, or risk the loss of custody of the child and possible
2227	2227	22 termination of their parental rights. The court may also enter
2228	2228	23 an order of protective supervision in accordance with Section
2229	2229	24 2-24.
2230	2230	25 If the minor is being restored to the custody of a parent,
2231	2231	26 legal custodian, or guardian who lives outside of Illinois,
2232	2232
2233	2233
2234	2234
2235	2235
2236	2236
2237	2237	SB1305 - 61 - LRB104 08409 RLC 18460 b
2238	2238
2239	2239
2240	2240	SB1305- 62 -LRB104 08409 RLC 18460 b SB1305 - 62 - LRB104 08409 RLC 18460 b
2241	2241	SB1305 - 62 - LRB104 08409 RLC 18460 b
2242	2242	1 and an Interstate Compact has been requested and refused, the
2243	2243	2 court may order the Department of Children and Family Services
2244	2244	3 to arrange for an assessment of the minor's proposed living
2245	2245	4 arrangement and for ongoing monitoring of the health, safety,
2246	2246	5 and best interest of the minor and compliance with any order of
2247	2247	6 protective supervision entered in accordance with Section
2248	2248	7 2-24.
2249	2249	8 (5) Whenever a parent, guardian, or legal custodian files
2250	2250	9 a motion for restoration of custody of the minor, and the minor
2251	2251	10 was adjudicated neglected, abused, or dependent as a result of
2252	2252	11 physical abuse, the court shall cause to be made an
2253	2253	12 investigation as to whether the movant has ever been charged
2254	2254	13 with or convicted of any criminal offense which would indicate
2255	2255	14 the likelihood of any further physical abuse to the minor.
2256	2256	15 Evidence of such criminal convictions shall be taken into
2257	2257	16 account in determining whether the minor can be cared for at
2258	2258	17 home without endangering the minor's health or safety and
2259	2259	18 fitness of the parent, guardian, or legal custodian.
2260	2260	19 (a) Any agency of this State or any subdivision
2261	2261	20 thereof shall cooperate with the agent of the court in
2262	2262	21 providing any information sought in the investigation.
2263	2263	22 (b) The information derived from the investigation and
2264	2264	23 any conclusions or recommendations derived from the
2265	2265	24 information shall be provided to the parent, guardian, or
2266	2266	25 legal custodian seeking restoration of custody prior to
2267	2267	26 the hearing on fitness and the movant shall have an
2268	2268
2269	2269
2270	2270
2271	2271
2272	2272
2273	2273	SB1305 - 62 - LRB104 08409 RLC 18460 b
2274	2274
2275	2275
2276	2276	SB1305- 63 -LRB104 08409 RLC 18460 b SB1305 - 63 - LRB104 08409 RLC 18460 b
2277	2277	SB1305 - 63 - LRB104 08409 RLC 18460 b
2278	2278	1 opportunity at the hearing to refute the information or
2279	2279	2 contest its significance.
2280	2280	3 (c) All information obtained from any investigation
2281	2281	4 shall be confidential as provided in Section 5-150 of this
2282	2282	5 Act.
2283	2283	6 (Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
2284	2284	7 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
2285	2285	8 6-30-23; 103-171, eff. 1-1-24; 103-605, eff. 7-1-24.)
2286	2286	9 Section 10. The Adoption Act is amended by changing
2287	2287	10 Section 1 as follows:
2288	2288	11 (750 ILCS 50/1)
2289	2289	12 Sec. 1. Definitions. When used in this Act, unless the
2290	2290	13 context otherwise requires:
2291	2291	14 A. (1) "Child" means a person under legal age subject to
2292	2292	15 adoption under this Act.
2293	2293	16 A-5. (2) "Adult", when referring to a person who is the
2294	2294	17 subject of a petition for adoption under Section 3 of this Act,
2295	2295	18 means a person who is 18 years old or older.
2296	2296	19 B. "Related child" means a child subject to adoption where
2297	2297	20 either or both of the adopting parents stands in any of the
2298	2298	21 following relationships to the child by blood, marriage,
2299	2299	22 adoption, or civil union: parent, grand-parent,
2300	2300	23 great-grandparent, brother, sister, step-parent,
2301	2301	24 step-grandparent, step-brother, step-sister, uncle, aunt,
2302	2302
2303	2303
2304	2304
2305	2305
2306	2306
2307	2307	SB1305 - 63 - LRB104 08409 RLC 18460 b
2308	2308
2309	2309
2310	2310	SB1305- 64 -LRB104 08409 RLC 18460 b SB1305 - 64 - LRB104 08409 RLC 18460 b
2311	2311	SB1305 - 64 - LRB104 08409 RLC 18460 b
2312	2312	1 great-uncle, great-aunt, first cousin, or second cousin. A
2313	2313	2 person is related to the child as a first cousin or second
2314	2314	3 cousin if they are both related to the same ancestor as either
2315	2315	4 grandchild or great-grandchild. A child whose parent has
2316	2316	5 executed a consent to adoption, a surrender, or a waiver
2317	2317	6 pursuant to Section 10 of this Act or whose parent has signed a
2318	2318	7 denial of paternity pursuant to Section 12 of the Vital
2319	2319	8 Records Act or Section 12a of this Act, or whose parent has had
2320	2320	9 his or her parental rights terminated, is not a related child
2321	2321	10 to that person, unless (1) the consent is determined to be void
2322	2322	11 or is void pursuant to subsection O of Section 10 of this Act;
2323	2323	12 or (2) the parent of the child executed a consent to adoption
2324	2324	13 by a specified person or persons pursuant to subsection A-1 of
2325	2325	14 Section 10 of this Act and a court of competent jurisdiction
2326	2326	15 finds that such consent is void; or (3) the order terminating
2327	2327	16 the parental rights of the parent is vacated by a court of
2328	2328	17 competent jurisdiction.
2329	2329	18 C. "Agency" for the purpose of this Act means a public
2330	2330	19 child welfare agency or a licensed child welfare agency.
2331	2331	20 D. "Unfit person" means any person whom the court shall
2332	2332	21 find to be unfit to have a child, without regard to the
2333	2333	22 likelihood that the child will be placed for adoption. The
2334	2334	23 grounds of unfitness are any one or more of the following,
2335	2335	24 except that a person shall not be considered an unfit person
2336	2336	25 for the sole reason that the person has relinquished a child in
2337	2337	26 accordance with the Abandoned Newborn Infant Protection Act:
2338	2338
2339	2339
2340	2340
2341	2341
2342	2342
2343	2343	SB1305 - 64 - LRB104 08409 RLC 18460 b
2344	2344
2345	2345
2346	2346	SB1305- 65 -LRB104 08409 RLC 18460 b SB1305 - 65 - LRB104 08409 RLC 18460 b
2347	2347	SB1305 - 65 - LRB104 08409 RLC 18460 b
2348	2348	1 (a) Abandonment of the child.
2349	2349	2 (a-1) Abandonment of a newborn infant in a hospital.
2350	2350	3 (a-2) Abandonment of a newborn infant in any setting
2351	2351	4 where the evidence suggests that the parent intended to
2352	2352	5 relinquish his or her parental rights.
2353	2353	6 (b) Failure to maintain a reasonable degree of
2354	2354	7 interest, concern, or responsibility as to the child's
2355	2355	8 welfare.
2356	2356	9 (c) Desertion of the child for more than 3 months next
2357	2357	10 preceding the commencement of the Adoption proceeding.
2358	2358	11 (d) Substantial neglect of the child if continuous or
2359	2359	12 repeated.
2360	2360	13 (d-1) Substantial neglect, if continuous or repeated,
2361	2361	14 of any child residing in the household which resulted in
2362	2362	15 the death of that child.
2363	2363	16 (e) Extreme or repeated cruelty to the child.
2364	2364	17 (f) There is a rebuttable presumption, which can be
2365	2365	18 overcome only by clear and convincing evidence, that a
2366	2366	19 parent is unfit if:
2367	2367	20 (1) Two or more findings of physical abuse have
2368	2368	21 been entered regarding any children under Section 2-21
2369	2369	22 of the Juvenile Court Act of 1987, the most recent of
2370	2370	23 which was determined by the juvenile court hearing the
2371	2371	24 matter to be supported by clear and convincing
2372	2372	25 evidence; or
2373	2373	26 (2) The parent has been convicted or found not
2374	2374
2375	2375
2376	2376
2377	2377
2378	2378
2379	2379	SB1305 - 65 - LRB104 08409 RLC 18460 b
2380	2380
2381	2381
2382	2382	SB1305- 66 -LRB104 08409 RLC 18460 b SB1305 - 66 - LRB104 08409 RLC 18460 b
2383	2383	SB1305 - 66 - LRB104 08409 RLC 18460 b
2384	2384	1 guilty by reason of insanity and the conviction or
2385	2385	2 finding resulted from the death of any child by
2386	2386	3 physical abuse; or
2387	2387	4 (3) There is a finding of physical child abuse
2388	2388	5 resulting from the death of any child under Section
2389	2389	6 2-21 of the Juvenile Court Act of 1987.
2390	2390	7 No conviction or finding of delinquency pursuant to
2391	2391	8 Article V of the Juvenile Court Act of 1987 shall be
2392	2392	9 considered a criminal conviction for the purpose of
2393	2393	10 applying any presumption under this paragraph item (f).
2394	2394	11 (g) Failure to protect the child from conditions
2395	2395	12 within his environment injurious to the child's welfare.
2396	2396	13 (h) Other neglect of, or misconduct toward the child;
2397	2397	14 provided that in making a finding of unfitness the court
2398	2398	15 hearing the adoption proceeding shall not be bound by any
2399	2399	16 previous finding, order or judgment affecting or
2400	2400	17 determining the rights of the parents toward the child
2401	2401	18 sought to be adopted in any other proceeding except such
2402	2402	19 proceedings terminating parental rights as shall be had
2403	2403	20 under either this Act, the Juvenile Court Act, or the
2404	2404	21 Juvenile Court Act of 1987.
2405	2405	22 (i) Depravity. Conviction of any one of the following
2406	2406	23 crimes shall create a presumption that a parent is
2407	2407	24 depraved which can be overcome only by clear and
2408	2408	25 convincing evidence: (1) first degree murder in violation
2409	2409	26 of paragraph (1) or (2) of subsection (a) of Section 9-1 of
2410	2410
2411	2411
2412	2412
2413	2413
2414	2414
2415	2415	SB1305 - 66 - LRB104 08409 RLC 18460 b
2416	2416
2417	2417
2418	2418	SB1305- 67 -LRB104 08409 RLC 18460 b SB1305 - 67 - LRB104 08409 RLC 18460 b
2419	2419	SB1305 - 67 - LRB104 08409 RLC 18460 b
2420	2420	1 the Criminal Code of 1961 or the Criminal Code of 2012 or
2421	2421	2 conviction of second degree murder in violation of
2422	2422	3 subsection (a) of Section 9-2 of the Criminal Code of 1961
2423	2423	4 or the Criminal Code of 2012 of a parent of the child to be
2424	2424	5 adopted; (2) first degree murder or second degree murder
2425	2425	6 of any child in violation of the Criminal Code of 1961 or
2426	2426	7 the Criminal Code of 2012; (3) attempt or conspiracy to
2427	2427	8 commit first degree murder or second degree murder of any
2428	2428	9 child in violation of the Criminal Code of 1961 or the
2429	2429	10 Criminal Code of 2012; (4) solicitation to commit murder
2430	2430	11 of any child, solicitation to commit murder of any child
2431	2431	12 for hire, or solicitation to commit second degree murder
2432	2432	13 of any child in violation of the Criminal Code of 1961 or
2433	2433	14 the Criminal Code of 2012; (5) predatory criminal sexual
2434	2434	15 assault of a child in violation of Section 11-1.40 or
2435	2435	16 12-14.1 of the Criminal Code of 1961 or the Criminal Code
2436	2436	17 of 2012; (6) heinous battery of any child in violation of
2437	2437	18 the Criminal Code of 1961; (7) aggravated battery of any
2438	2438	19 child in violation of the Criminal Code of 1961 or the
2439	2439	20 Criminal Code of 2012; (8) any violation of Section
2440	2440	21 11-1.20 or Section 12-13 of the Criminal Code of 1961 or
2441	2441	22 the Criminal Code of 2012; (9) any violation of subsection
2442	2442	23 (a) of Section 11-1.50 or Section 12-16 of the Criminal
2443	2443	24 Code of 1961 or the Criminal Code of 2012; (10) any
2444	2444	25 violation of Section 11-9.1 of the Criminal Code of 1961
2445	2445	26 or the Criminal Code of 2012; (11) any violation of
2446	2446
2447	2447
2448	2448
2449	2449
2450	2450
2451	2451	SB1305 - 67 - LRB104 08409 RLC 18460 b
2452	2452
2453	2453
2454	2454	SB1305- 68 -LRB104 08409 RLC 18460 b SB1305 - 68 - LRB104 08409 RLC 18460 b
2455	2455	SB1305 - 68 - LRB104 08409 RLC 18460 b
2456	2456	1 Section 11-9.1A of the Criminal Code of 1961 or the
2457	2457	2 Criminal Code of 2012; or (12) an offense in any other
2458	2458	3 state the elements of which are similar and bear a
2459	2459	4 substantial relationship to any of the enumerated offenses
2460	2460	5 in this paragraph subsection (i).
2461	2461	6 There is a rebuttable presumption that a parent is
2462	2462	7 depraved if the parent has been criminally convicted of at
2463	2463	8 least 3 felonies under the laws of this State or any other
2464	2464	9 state, or under federal law, or the criminal laws of any
2465	2465	10 United States territory; and at least one of these
2466	2466	11 convictions took place within 5 years of the filing of the
2467	2467	12 petition or motion seeking termination of parental rights.
2468	2468	13 There is a rebuttable presumption that a parent is
2469	2469	14 depraved if that parent has been criminally convicted of
2470	2470	15 either first or second degree murder of any person as
2471	2471	16 defined in the Criminal Code of 1961 or the Criminal Code
2472	2472	17 of 2012 within 10 years of the filing date of the petition
2473	2473	18 or motion to terminate parental rights.
2474	2474	19 No conviction or finding of delinquency pursuant to
2475	2475	20 Article 5 of the Juvenile Court Act of 1987 shall be
2476	2476	21 considered a criminal conviction for the purpose of
2477	2477	22 applying any presumption under this paragraph item (i).
2478	2478	23 (j) Open and notorious adultery or fornication.
2479	2479	24 (j-1) (Blank).
2480	2480	25 (k) Habitual drunkenness or addiction to drugs, other
2481	2481	26 than those prescribed by a physician, for at least one
2482	2482
2483	2483
2484	2484
2485	2485
2486	2486
2487	2487	SB1305 - 68 - LRB104 08409 RLC 18460 b
2488	2488
2489	2489
2490	2490	SB1305- 69 -LRB104 08409 RLC 18460 b SB1305 - 69 - LRB104 08409 RLC 18460 b
2491	2491	SB1305 - 69 - LRB104 08409 RLC 18460 b
2492	2492	1 year immediately prior to the commencement of the
2493	2493	2 unfitness proceeding.
2494	2494	3 (l) Failure to demonstrate a reasonable degree of
2495	2495	4 interest, concern, or responsibility as to the welfare of
2496	2496	5 a new born child during the first 30 days after its birth.
2497	2497	6 (m) Failure by a parent (i) to make reasonable efforts
2498	2498	7 to correct the conditions that were the basis for the
2499	2499	8 removal of the child from the parent during any 9-month
2500	2500	9 period following the adjudication of neglected or abused
2501	2501	10 minor under Section 2-3 of the Juvenile Court Act of 1987
2502	2502	11 or dependent minor under Section 2-4 of that Act, or (ii)
2503	2503	12 to make reasonable progress toward the return of the child
2504	2504	13 to the parent during any 9-month period following the
2505	2505	14 adjudication of neglected or abused minor under Section
2506	2506	15 2-3 of the Juvenile Court Act of 1987 or dependent minor
2507	2507	16 under Section 2-4 of that Act. If a service plan has been
2508	2508	17 established as required under Section 8.2 of the Abused
2509	2509	18 and Neglected Child Reporting Act to correct the
2510	2510	19 conditions that were the basis for the removal of the
2511	2511	20 child from the parent and if those services were
2512	2512	21 available, then, for purposes of this Act, "failure to
2513	2513	22 make reasonable progress toward the return of the child to
2514	2514	23 the parent" includes the parent's failure to substantially
2515	2515	24 fulfill his or her obligations under the service plan and
2516	2516	25 correct the conditions that brought the child into care
2517	2517	26 during any 9-month period following the adjudication under
2518	2518
2519	2519
2520	2520
2521	2521
2522	2522
2523	2523	SB1305 - 69 - LRB104 08409 RLC 18460 b
2524	2524
2525	2525
2526	2526	SB1305- 70 -LRB104 08409 RLC 18460 b SB1305 - 70 - LRB104 08409 RLC 18460 b
2527	2527	SB1305 - 70 - LRB104 08409 RLC 18460 b
2528	2528	1 Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
2529	2529	2 Notwithstanding any other provision, when a petition or
2530	2530	3 motion seeks to terminate parental rights on the basis of
2531	2531	4 subparagraph item (ii) of this paragraph subsection (m),
2532	2532	5 the petitioner shall file with the court and serve on the
2533	2533	6 parties a pleading that specifies the 9-month period or
2534	2534	7 periods relied on. The pleading shall be filed and served
2535	2535	8 on the parties no later than 3 weeks before the date set by
2536	2536	9 the court for closure of discovery, and the allegations in
2537	2537	10 the pleading shall be treated as incorporated into the
2538	2538	11 petition or motion. Failure of a respondent to file a
2539	2539	12 written denial of the allegations in the pleading shall
2540	2540	13 not be treated as an admission that the allegations are
2541	2541	14 true. A parent shall not be found unfit under this
2542	2542	15 subsection (m) for failure to make reasonable efforts or
2543	2543	16 reasonable progress for any 9-month period during which a
2544	2544	17 court, hearing a case under Article II of the Juvenile
2545	2545	18 Court Act of 1987, found that the Department failed to
2546	2546	19 make active efforts, as defined in Section 1-3 of the
2547	2547	20 Juvenile Court Act of 1987 with respect to that parent.
2548	2548	21 This provision applies to findings of failure to make
2549	2549	22 active efforts made on or after the effective date of this
2550	2550	23 amendatory Act of the 104th General Assembly.
2551	2551	24 (m-1) (Blank).
2552	2552	25 (n) Evidence of intent to forgo his or her parental
2553	2553	26 rights, whether or not the child is a ward of the court,
2554	2554
2555	2555
2556	2556
2557	2557
2558	2558
2559	2559	SB1305 - 70 - LRB104 08409 RLC 18460 b
2560	2560
2561	2561
2562	2562	SB1305- 71 -LRB104 08409 RLC 18460 b SB1305 - 71 - LRB104 08409 RLC 18460 b
2563	2563	SB1305 - 71 - LRB104 08409 RLC 18460 b
2564	2564	1 (1) as manifested by his or her failure for a period of 12
2565	2565	2 months: (i) to visit the child, (ii) to communicate with
2566	2566	3 the child or agency, although able to do so and not
2567	2567	4 prevented from doing so by an agency or by court order, or
2568	2568	5 (iii) to maintain contact with or plan for the future of
2569	2569	6 the child, although physically able to do so, or (2) as
2570	2570	7 manifested by the father's failure, where he and the
2571	2571	8 mother of the child were unmarried to each other at the
2572	2572	9 time of the child's birth, (i) to commence legal
2573	2573	10 proceedings to establish his paternity under the Illinois
2574	2574	11 Parentage Act of 1984, the Illinois Parentage Act of 2015,
2575	2575	12 or the law of the jurisdiction of the child's birth within
2576	2576	13 30 days of being informed, pursuant to Section 12a of this
2577	2577	14 Act, that he is the father or the likely father of the
2578	2578	15 child or, after being so informed where the child is not
2579	2579	16 yet born, within 30 days of the child's birth, or (ii) to
2580	2580	17 make a good faith effort to pay a reasonable amount of the
2581	2581	18 expenses related to the birth of the child and to provide a
2582	2582	19 reasonable amount for the financial support of the child,
2583	2583	20 the court to consider in its determination all relevant
2584	2584	21 circumstances, including the financial condition of both
2585	2585	22 parents; provided that the ground for termination provided
2586	2586	23 in this item (ii) of subparagraph (2) of this paragraph
2587	2587	24 (n) subparagraph (n)(2)(ii) shall only be available where
2588	2588	25 the petition is brought by the mother or the husband of the
2589	2589	26 mother.
2590	2590
2591	2591
2592	2592
2593	2593
2594	2594
2595	2595	SB1305 - 71 - LRB104 08409 RLC 18460 b
2596	2596
2597	2597
2598	2598	SB1305- 72 -LRB104 08409 RLC 18460 b SB1305 - 72 - LRB104 08409 RLC 18460 b
2599	2599	SB1305 - 72 - LRB104 08409 RLC 18460 b
2600	2600	1 Contact or communication by a parent with his or her
2601	2601	2 child that does not demonstrate affection and concern does
2602	2602	3 not constitute reasonable contact and planning under this
2603	2603	4 paragraph subdivision (n). In the absence of evidence to
2604	2604	5 the contrary, the ability to visit, communicate, maintain
2605	2605	6 contact, pay expenses, and plan for the future shall be
2606	2606	7 presumed. The subjective intent of the parent, whether
2607	2607	8 expressed or otherwise, unsupported by evidence of the
2608	2608	9 foregoing parental acts manifesting that intent, shall not
2609	2609	10 preclude a determination that the parent has intended to
2610	2610	11 forgo his or her parental rights. In making this
2611	2611	12 determination, the court may consider but shall not
2612	2612	13 require a showing of diligent efforts by an authorized
2613	2613	14 agency to encourage the parent to perform the acts
2614	2614	15 specified in this paragraph subdivision (n).
2615	2615	16 It shall be an affirmative defense to any allegation
2616	2616	17 under subparagraph paragraph (2) of this paragraph (n)
2617	2617	18 subsection that the father's failure was due to
2618	2618	19 circumstances beyond his control or to impediments created
2619	2619	20 by the mother or any other person having legal custody.
2620	2620	21 Proof of that fact need only be by a preponderance of the
2621	2621	22 evidence.
2622	2622	23 (o) Repeated or continuous failure by the parents,
2623	2623	24 although physically and financially able, to provide the
2624	2624	25 child with adequate food, clothing, or shelter.
2625	2625	26 (p) Inability to discharge parental responsibilities
2626	2626
2627	2627
2628	2628
2629	2629
2630	2630
2631	2631	SB1305 - 72 - LRB104 08409 RLC 18460 b
2632	2632
2633	2633
2634	2634	SB1305- 73 -LRB104 08409 RLC 18460 b SB1305 - 73 - LRB104 08409 RLC 18460 b
2635	2635	SB1305 - 73 - LRB104 08409 RLC 18460 b
2636	2636	1 supported by competent evidence from a psychiatrist,
2637	2637	2 licensed clinical social worker, or clinical psychologist
2638	2638	3 of mental impairment, mental illness, or an intellectual
2639	2639	4 disability as defined in Section 1-116 of the Mental
2640	2640	5 Health and Developmental Disabilities Code, or
2641	2641	6 developmental disability as defined in Section 1-106 of
2642	2642	7 that Code, and there is sufficient justification to
2643	2643	8 believe that the inability to discharge parental
2644	2644	9 responsibilities shall extend beyond a reasonable time
2645	2645	10 period. However, this paragraph subdivision (p) shall not
2646	2646	11 be construed so as to permit a licensed clinical social
2647	2647	12 worker to conduct any medical diagnosis to determine
2648	2648	13 mental illness or mental impairment.
2649	2649	14 (q) (Blank).
2650	2650	15 (r) The child is in the temporary custody or
2651	2651	16 guardianship of the Department of Children and Family
2652	2652	17 Services, the parent is incarcerated as a result of
2653	2653	18 criminal conviction at the time the petition or motion for
2654	2654	19 termination of parental rights is filed, prior to
2655	2655	20 incarceration the parent had little or no contact with the
2656	2656	21 child or provided little or no support for the child, and
2657	2657	22 the parent's incarceration will prevent the parent from
2658	2658	23 discharging his or her parental responsibilities for the
2659	2659	24 child for a period in excess of 2 years after the filing of
2660	2660	25 the petition or motion for termination of parental rights.
2661	2661	26 (s) The child is in the temporary custody or
2662	2662
2663	2663
2664	2664
2665	2665
2666	2666
2667	2667	SB1305 - 73 - LRB104 08409 RLC 18460 b
2668	2668
2669	2669
2670	2670	SB1305- 74 -LRB104 08409 RLC 18460 b SB1305 - 74 - LRB104 08409 RLC 18460 b
2671	2671	SB1305 - 74 - LRB104 08409 RLC 18460 b
2672	2672	1 guardianship of the Department of Children and Family
2673	2673	2 Services, the parent is incarcerated at the time the
2674	2674	3 petition or motion for termination of parental rights is
2675	2675	4 filed, the parent has been repeatedly incarcerated as a
2676	2676	5 result of criminal convictions, and the parent's repeated
2677	2677	6 incarceration has prevented the parent from discharging
2678	2678	7 his or her parental responsibilities for the child.
2679	2679	8 (t) (Blank).
2680	2680	9 E. "Parent" means a person who is the legal mother or legal
2681	2681	10 father of the child as defined in subsection X or Y of this
2682	2682	11 Section. For the purpose of this Act, a parent who has executed
2683	2683	12 a consent to adoption, a surrender, or a waiver pursuant to
2684	2684	13 Section 10 of this Act, who has signed a Denial of Paternity
2685	2685	14 pursuant to Section 12 of the Vital Records Act or Section 12a
2686	2686	15 of this Act, or whose parental rights have been terminated by a
2687	2687	16 court, is not a parent of the child who was the subject of the
2688	2688	17 consent, surrender, waiver, or denial unless (1) the consent
2689	2689	18 is void pursuant to subsection O of Section 10 of this Act; or
2690	2690	19 (2) the person executed a consent to adoption by a specified
2691	2691	20 person or persons pursuant to subsection A-1 of Section 10 of
2692	2692	21 this Act and a court of competent jurisdiction finds that the
2693	2693	22 consent is void; or (3) the order terminating the parental
2694	2694	23 rights of the person is vacated by a court of competent
2695	2695	24 jurisdiction.
2696	2696	25 F. A person is available for adoption when the person is:
2697	2697	26 (a) a child who has been surrendered for adoption to
2698	2698
2699	2699
2700	2700
2701	2701
2702	2702
2703	2703	SB1305 - 74 - LRB104 08409 RLC 18460 b
2704	2704
2705	2705
2706	2706	SB1305- 75 -LRB104 08409 RLC 18460 b SB1305 - 75 - LRB104 08409 RLC 18460 b
2707	2707	SB1305 - 75 - LRB104 08409 RLC 18460 b
2708	2708	1 an agency and to whose adoption the agency has thereafter
2709	2709	2 consented;
2710	2710	3 (b) a child to whose adoption a person authorized by
2711	2711	4 law, other than his parents, has consented, or to whose
2712	2712	5 adoption no consent is required pursuant to Section 8 of
2713	2713	6 this Act;
2714	2714	7 (c) a child who is in the custody of persons who intend
2715	2715	8 to adopt him through placement made by his parents;
2716	2716	9 (c-1) a child for whom a parent has signed a specific
2717	2717	10 consent pursuant to subsection O of Section 10;
2718	2718	11 (d) an adult who meets the conditions set forth in
2719	2719	12 Section 3 of this Act; or
2720	2720	13 (e) a child who has been relinquished as defined in
2721	2721	14 Section 10 of the Abandoned Newborn Infant Protection Act.
2722	2722	15 A person who would otherwise be available for adoption
2723	2723	16 shall not be deemed unavailable for adoption solely by reason
2724	2724	17 of his or her death.
2725	2725	18 G. The singular includes the plural and the plural
2726	2726	19 includes the singular and the "male" includes the "female", as
2727	2727	20 the context of this Act may require.
2728	2728	21 H. (Blank).
2729	2729	22 I. "Habitual residence" has the meaning ascribed to it in
2730	2730	23 the federal Intercountry Adoption Act of 2000 and regulations
2731	2731	24 promulgated thereunder.
2732	2732	25 J. "Immediate relatives" means the biological parents, the
2733	2733	26 parents of the biological parents, and the siblings of the
2734	2734
2735	2735
2736	2736
2737	2737
2738	2738
2739	2739	SB1305 - 75 - LRB104 08409 RLC 18460 b
2740	2740
2741	2741
2742	2742	SB1305- 76 -LRB104 08409 RLC 18460 b SB1305 - 76 - LRB104 08409 RLC 18460 b
2743	2743	SB1305 - 76 - LRB104 08409 RLC 18460 b
2744	2744	1 biological parents.
2745	2745	2 K. "Intercountry adoption" is a process by which a child
2746	2746	3 from a country other than the United States is adopted by
2747	2747	4 persons who are habitual residents of the United States, or
2748	2748	5 the child is a habitual resident of the United States who is
2749	2749	6 adopted by persons who are habitual residents of a country
2750	2750	7 other than the United States.
2751	2751	8 L. (Blank).
2752	2752	9 M. "Interstate Compact on the Placement of Children" is a
2753	2753	10 law enacted by all states and certain territories for the
2754	2754	11 purpose of establishing uniform procedures for handling the
2755	2755	12 interstate placement of children in foster homes, adoptive
2756	2756	13 homes, or other child care facilities.
2757	2757	14 N. (Blank).
2758	2758	15 O. "Preadoption requirements" means any conditions or
2759	2759	16 standards established by the laws or administrative rules of
2760	2760	17 this State that must be met by a prospective adoptive parent
2761	2761	18 prior to the placement of a child in an adoptive home.
2762	2762	19 P. "Abused child" means a child whose parent or immediate
2763	2763	20 family member, or any person responsible for the child's
2764	2764	21 welfare, or any individual residing in the same home as the
2765	2765	22 child, or a paramour of the child's parent:
2766	2766	23 (a) inflicts, causes to be inflicted, or allows to be
2767	2767	24 inflicted upon the child physical injury, by other than
2768	2768	25 accidental means, that causes death, disfigurement,
2769	2769	26 impairment of physical or emotional health, or loss or
2770	2770
2771	2771
2772	2772
2773	2773
2774	2774
2775	2775	SB1305 - 76 - LRB104 08409 RLC 18460 b
2776	2776
2777	2777
2778	2778	SB1305- 77 -LRB104 08409 RLC 18460 b SB1305 - 77 - LRB104 08409 RLC 18460 b
2779	2779	SB1305 - 77 - LRB104 08409 RLC 18460 b
2780	2780	1 impairment of any bodily function;
2781	2781	2 (b) creates a substantial risk of physical injury to
2782	2782	3 the child by other than accidental means which would be
2783	2783	4 likely to cause death, disfigurement, impairment of
2784	2784	5 physical or emotional health, or loss or impairment of any
2785	2785	6 bodily function;
2786	2786	7 (c) commits or allows to be committed any sex offense
2787	2787	8 against the child, as sex offenses are defined in the
2788	2788	9 Criminal Code of 2012 and extending those definitions of
2789	2789	10 sex offenses to include children under 18 years of age;
2790	2790	11 (d) commits or allows to be committed an act or acts of
2791	2791	12 torture upon the child; or
2792	2792	13 (e) inflicts excessive corporal punishment.
2793	2793	14 Q. "Neglected child" means any child whose parent or other
2794	2794	15 person responsible for the child's welfare withholds or denies
2795	2795	16 nourishment or medically indicated treatment including food or
2796	2796	17 care denied solely on the basis of the present or anticipated
2797	2797	18 mental or physical impairment as determined by a physician
2798	2798	19 acting alone or in consultation with other physicians or
2799	2799	20 otherwise does not provide the proper or necessary support,
2800	2800	21 education as required by law, or medical or other remedial
2801	2801	22 care recognized under State law as necessary for a child's
2802	2802	23 well-being, or other care necessary for his or her well-being,
2803	2803	24 including adequate food, clothing, and shelter; or who is
2804	2804	25 abandoned by his or her parents or other person responsible
2805	2805	26 for the child's welfare.
2806	2806
2807	2807
2808	2808
2809	2809
2810	2810
2811	2811	SB1305 - 77 - LRB104 08409 RLC 18460 b
2812	2812
2813	2813
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2815	2815	SB1305 - 78 - LRB104 08409 RLC 18460 b
2816	2816	1 A child shall not be considered neglected or abused for
2817	2817	2 the sole reason that the child's parent or other person
2818	2818	3 responsible for his or her welfare depends upon spiritual
2819	2819	4 means through prayer alone for the treatment or cure of
2820	2820	5 disease or remedial care as provided under Section 4 of the
2821	2821	6 Abused and Neglected Child Reporting Act. A child shall not be
2822	2822	7 considered neglected or abused for the sole reason that the
2823	2823	8 child's parent or other person responsible for the child's
2824	2824	9 welfare failed to vaccinate, delayed vaccination, or refused
2825	2825	10 vaccination for the child due to a waiver on religious or
2826	2826	11 medical grounds as permitted by law.
2827	2827	12 R. "Putative father" means a man who may be a child's
2828	2828	13 father, but who (1) is not married to the child's mother on or
2829	2829	14 before the date that the child was or is to be born and (2) has
2830	2830	15 not established paternity of the child in a court proceeding
2831	2831	16 before the filing of a petition for the adoption of the child.
2832	2832	17 The term includes a male who is less than 18 years of age.
2833	2833	18 "Putative father" does not mean a man who is the child's father
2834	2834	19 as a result of criminal sexual abuse or assault as defined
2835	2835	20 under Article 11 of the Criminal Code of 2012.
2836	2836	21 S. "Standby adoption" means an adoption in which a parent
2837	2837	22 consents to custody and termination of parental rights to
2838	2838	23 become effective upon the occurrence of a future event, which
2839	2839	24 is either the death of the parent or the request of the parent
2840	2840	25 for the entry of a final judgment of adoption.
2841	2841	26 T. (Blank).
2842	2842
2843	2843
2844	2844
2845	2845
2846	2846
2847	2847	SB1305 - 78 - LRB104 08409 RLC 18460 b
2848	2848
2849	2849
2850	2850	SB1305- 79 -LRB104 08409 RLC 18460 b SB1305 - 79 - LRB104 08409 RLC 18460 b
2851	2851	SB1305 - 79 - LRB104 08409 RLC 18460 b
2852	2852	1 T-5. "Biological parent", "birth parent", or "natural
2853	2853	2 parent" of a child are interchangeable terms that mean a
2854	2854	3 person who is biologically or genetically related to that
2855	2855	4 child as a parent.
2856	2856	5 U. "Interstate adoption" means the placement of a minor
2857	2857	6 child with a prospective adoptive parent for the purpose of
2858	2858	7 pursuing an adoption for that child that is subject to the
2859	2859	8 provisions of the Interstate Compact on the Placement of
2860	2860	9 Children.
2861	2861	10 V. (Blank).
2862	2862	11 W. (Blank).
2863	2863	12 X. "Legal father" of a child means a man who is recognized
2864	2864	13 as or presumed to be that child's father:
2865	2865	14 (1) because of his marriage to or civil union with the
2866	2866	15 child's parent at the time of the child's birth or within
2867	2867	16 300 days prior to that child's birth, unless he signed a
2868	2868	17 denial of paternity pursuant to Section 12 of the Vital
2869	2869	18 Records Act or a waiver pursuant to Section 10 of this Act;
2870	2870	19 or
2871	2871	20 (2) because his paternity of the child has been
2872	2872	21 established pursuant to the Illinois Parentage Act, the
2873	2873	22 Illinois Parentage Act of 1984, or the Gestational
2874	2874	23 Surrogacy Act; or
2875	2875	24 (3) because he is listed as the child's father or
2876	2876	25 parent on the child's birth certificate, unless he is
2877	2877	26 otherwise determined by an administrative or judicial
2878	2878
2879	2879
2880	2880
2881	2881
2882	2882
2883	2883	SB1305 - 79 - LRB104 08409 RLC 18460 b
2884	2884
2885	2885
2886	2886	SB1305- 80 -LRB104 08409 RLC 18460 b SB1305 - 80 - LRB104 08409 RLC 18460 b
2887	2887	SB1305 - 80 - LRB104 08409 RLC 18460 b
2888	2888	1 proceeding not to be the parent of the child or unless he
2889	2889	2 rescinds his acknowledgment of paternity pursuant to the
2890	2890	3 Illinois Parentage Act of 1984; or
2891	2891	4 (4) because his paternity or adoption of the child has
2892	2892	5 been established by a court of competent jurisdiction.
2893	2893	6 The definition in this subsection X shall not be construed
2894	2894	7 to provide greater or lesser rights as to the number of parents
2895	2895	8 who can be named on a final judgment order of adoption or
2896	2896	9 Illinois birth certificate that otherwise exist under Illinois
2897	2897	10 law.
2898	2898	11 Y. "Legal mother" of a child means a woman who is
2899	2899	12 recognized as or presumed to be that child's mother:
2900	2900	13 (1) because she gave birth to the child except as
2901	2901	14 provided in the Gestational Surrogacy Act; or
2902	2902	15 (2) because her maternity of the child has been
2903	2903	16 established pursuant to the Illinois Parentage Act of 1984
2904	2904	17 or the Gestational Surrogacy Act; or
2905	2905	18 (3) because her maternity or adoption of the child has
2906	2906	19 been established by a court of competent jurisdiction; or
2907	2907	20 (4) because of her marriage to or civil union with the
2908	2908	21 child's other parent at the time of the child's birth or
2909	2909	22 within 300 days prior to the time of birth; or
2910	2910	23 (5) because she is listed as the child's mother or
2911	2911	24 parent on the child's birth certificate unless she is
2912	2912	25 otherwise determined by an administrative or judicial
2913	2913	26 proceeding not to be the parent of the child.
2914	2914
2915	2915
2916	2916
2917	2917
2918	2918
2919	2919	SB1305 - 80 - LRB104 08409 RLC 18460 b
2920	2920
2921	2921
2922	2922	SB1305- 81 -LRB104 08409 RLC 18460 b SB1305 - 81 - LRB104 08409 RLC 18460 b
2923	2923	SB1305 - 81 - LRB104 08409 RLC 18460 b
2924	2924	1 The definition in this subsection Y shall not be construed
2925	2925	2 to provide greater or lesser rights as to the number of parents
2926	2926	3 who can be named on a final judgment order of adoption or
2927	2927	4 Illinois birth certificate that otherwise exist under Illinois
2928	2928	5 law.
2929	2929	6 Z. "Department" means the Illinois Department of Children
2930	2930	7 and Family Services.
2931	2931	8 AA. "Placement disruption" means a circumstance where the
2932	2932	9 child is removed from an adoptive placement before the
2933	2933	10 adoption is finalized.
2934	2934	11 BB. "Secondary placement" means a placement, including,
2935	2935	12 but not limited to, the placement of a youth in care as defined
2936	2936	13 in Section 4d of the Children and Family Services Act, that
2937	2937	14 occurs after a placement disruption or an adoption
2938	2938	15 dissolution. "Secondary placement" does not mean secondary
2939	2939	16 placements arising due to the death of the adoptive parent of
2940	2940	17 the child.
2941	2941	18 CC. "Adoption dissolution" means a circumstance where the
2942	2942	19 child is removed from an adoptive placement after the adoption
2943	2943	20 is finalized.
2944	2944	21 DD. "Unregulated placement" means the secondary placement
2945	2945	22 of a child that occurs without the oversight of the courts, the
2946	2946	23 Department, or a licensed child welfare agency.
2947	2947	24 EE. "Post-placement and post-adoption support services"
2948	2948	25 means support services for placed or adopted children and
2949	2949	26 families that include, but are not limited to, mental health
2950	2950
2951	2951
2952	2952
2953	2953
2954	2954
2955	2955	SB1305 - 81 - LRB104 08409 RLC 18460 b
2956	2956
2957	2957
2958	2958	SB1305- 82 -LRB104 08409 RLC 18460 b SB1305 - 82 - LRB104 08409 RLC 18460 b
2959	2959	SB1305 - 82 - LRB104 08409 RLC 18460 b
2960	2960
2961	2961
2962	2962
2963	2963
2964	2964
2965	2965	SB1305 - 82 - LRB104 08409 RLC 18460 b